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 II

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 II
1986 Atlanta, Ga.

MONDAY, FEBRUARY 24, 1986

1349

Representative Hall, Atlanta, Georgia Monday, February 24, 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. Marvin J. W. Frady, Pastor, Calvary Baptist Church, Smyrna, 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.
The following communication was received and read:
House of Representatives Atlanta, Georgia February 20, 1986
Honorable Mike Snow Representative, District 1, Post 1 Route 2, Box 1590 Chickamauga, Georgia 30707 Dear Mike: I am this date appointing you to serve on the following standing committees of the House of Representatives:
Agriculture Journals State Institutions and Properties

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JOURNAL OF THE HOUSE,

With best wishes and kindest personal regards, I am
Sincerely, /s/ Thomas B. Murphy
Speaker
TBM:lj
cc: Honorable Joe Frank Harris, Governor of Georgia Honorable Zell Miller, Lieutenant Governor Honorable Max Cleland, Secretary of State Mr. Paul Lynch, Legislative Fiscal Office Mr. Frank Edwards, Legislative Counsel Mr. Glenn Ellard, Clerk of the House Honorable Henry L. Reaves, Chairman of Agriculture Com. Honorable Ralph J. Balkcom, Chairman of Journals Com. Honorable Carlton H. Colwell, Chairman of State Inst. and Properties Com. House Information Office House Stenographic Office

By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the committees:

HB 1965. By Representative Thomas of the 69th:
A bill to amend Code Section 20-2-290 of the Official Code of Georgia Annotated, relating to employment of personnel of local units of school administration and to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, as enacted by Ga. L. 1985, p. 1957, relating to conditions of employment and annual contracts of personnel, so as to provide that teachers, principals, and other school personnel shall be employed and assigned by local boards of education.
Referred to the Committee on Education.

HB 1966. By Representative Chance of the 129th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Effingham 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.

HB 1967. By Representative Waddle of the 113th:
A bill to amend an Act incorporating the City of Centerville in Houston County, so as to authorize the city to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such powers.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1968. By Representative Pannell of the 122nd:
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

MONDAY, FEBRUARY 24, 1986

1351

the governing authority of the City of Savannah to establish historic zones within a designated area of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1969. By Representative Pannell of the 122nd:
A bill to amend Article 1 of Chapter 9 of Title 44 of the Official Code of Georgia Annotated, relating to easements generally, so as to provide for the loss by nonuse of an easement acquired by grant through a plat of subdivision of property; to provide for reversion of title; to provide that easements essential to access for egress and ingress to property are not affected by nonuse.
Referred to the Committee on Judiciary.

HB 1970. By Representative Murphy of the 18th:
A bill to provide the commission retained by the Haralson County tax commissioner for collection of Haralson County school taxes shall be reduced to one-quarter of 1 percent; to provide that all school taxes collected in excess of said one-quarter of 1 percent commission shall be paid over to the Haralson County board of education in the manner provided by general law.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1971. By Representative Patten of the 149th: A bill to create the Lakeland-Lanier County Charter Commission.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1972. By Representative Crawford of the 5th:
A bill to create a board of commissioners of Chattooga County; to provide for their election, oath, and powers and duties; to prohibit candidates for nomination or election to said board from making certain agreements and to provide for penalties in connection therewith.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1973. By Representative Jackson of the 65th:
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 Walton Industrial Building Authority and the powers and functions of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1974. By Representative Linder of the 44th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that a certificate of title and a certificate of registration may be obtained for a motor vehicle which was not manufactured in compliance with federal emission and safety standards applicable to new motor vehicles upon submission of a certificate of conversion to the Department of Revenue.
Referred to the Committee on Motor Vehicles.

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JOURNAL OF THE HOUSE,

HB 1975. By Representatives Auten of the 156th and Ramsey of the 155th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Glynn 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.

HB 1976. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to change provisions relating to the compensation of the tax commissioner; to increase the amount payable for help in that office.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1977. By Representatives Oliver of the 121st, Lawler of the 20th, Hamilton of the 124th, Benefield of the 72nd, Clark of the 13th and others:
A bill to amend Article 11 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of public utilities, so as to change the method of allocating the property of electric utilities for purposes of ad valorem taxation by the state's local taxing jurisdictions; to provide a formula for allocation based on population.
Referred to the Committee on Ways & Means.

HB 1978. By Representatives Cummings of the 17th and Murphy of the 18th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Polk 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.

HB 1979. By Representative Hill of the 83rd:
A bill to provide for a $3,000.00 homestead exemption from all Columbia County and Columbia County School District ad valorem taxes for all residents of said county; to provide for procedures relative to such homestead exemption.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1980. By Representatives Hill of the 83rd and Harris of the 84th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Columbia 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.

HB 1981. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act creating a board of commissioners of Bulloch County, so as to change the name of the position "chairman and clerk" of the board of commissioners of Bulloch County to "chairman"; to authorize the board

MONDAY, FEBRUARY 24, 1986

1353

of commissioners to employ a clerk and a deputy clerk; to provide for editorial revision.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1982. By Representatives Thomas of the 69th, Lee of the 70th and Shepard of the 71st:
A bill to amend an Act relating to the board of education and school superintendent of the Carroll County School District, so as to clarify provisions relating to the date of future elections of certain members of the board of education.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1983. By Representatives Thomas of the 69th, Lee of the 70th and Shepard of the 71st:
A bill to amend an Act placing the clerk of the Superior Court of Carroll County on a salary basis, so as to change the compensation of the clerk of the Superior Court of Carroll County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1984. By Representative Reaves of the 147th:
A bill to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Food Act," so as to provide that the Commissioner of Agriculture is authorized to promulgate and adopt rules and regulations for the labeling of beef; to provide for certification that beef has been produced without feeding, injecting, or implanting antibiotics or growth hormones in the animal.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1985. By Representative Smith of the 78th:
A bill to create the Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1986. By Representatives Logan of the 67th and Argo of the 68th:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications in general, so as to provide a privilege for information concerning veterinary care; to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that records of veterinary care shall not be open to public inspection.
Referred to the Committee on Rules.

HB 1987. By Representatives Groover of the 99th, Randall of the 101st and Home of the 103rd:
A bill to amend an Act providing a new charter for the City of Macon in Bibb County, so as to authorize the city to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities

1354

JOURNAL OF THE HOUSE,

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 1988. By Representatives Groover of the 99th, Home of the 103rd, Lucas of the 102nd, Pinkston of the 100th and Randall of the 101st:
A bill to amend an Act establishing the board of commissioners of Bibb County, so as to authorize Bibb County to have and be authorized to exercise all redevelopment and other powers authorized or granted counties 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 1989. By Representative Sizemore of the 136th:
A bill to provide for the compensation of the chairman and members of the board of education of Worth County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1990. By Representative Sizemore of the 136th:
A bill to provide for the election of a chairman and four members of the Worth County Board of Education; to provide the manner of election; to provide for education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1991. By Representative Reaves of the 147th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Brooks County Development Authority (Res. Act No. 64).
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1992. By Representatives Bishop of the 94th and Alford of the 57th:
A bill to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to provide that certain persons shall be permitted access to sealed court records of adoptions; to provide for procedures relative to such access; to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, to provide that the state registrar of vital records shall permit certain persons access to original birth certificates of adopted persons under certain conditions.
Referred to the Committee on Special Judiciary.

HB 1993. By Representative McDonald of the 12th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Jackson 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.

MONDAY, FEBRUARY 24, 1986

1355

HB 1994. By Representatives McDonald of the 12th, Dover of the llth and Jamieson of the llth:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Banks 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.

HB 1995. By Representative McDonald of the 12th: A bill to create the Jackson County Water and Sewerage Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1996. 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, operation, and powers of the City of Dalton Building Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1997. By Representatives Lane of the lllth and 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 Screven 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.

HB 1998. By Representative Parrish of the 109th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Emanuel County Development Authority (Res. Act No. 87).
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1999. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act creating a board of commissioners of Stephens County, so as to change the compensation of the chairman and members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2000. By Representatives Lane of the lllth and Godbee of the 110th: A bill to create a new charter for the City of Statesboro.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2001. By Representatives Lucas of the 102nd, Lee of the 72nd and Smyre of the 92nd:
A bill 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

1356

JOURNAL OF THE HOUSE,

to provide that all income earned by persons aged 18 or under under the Jobs Training Program Act shall not be deducted from any payments made under this article.
Referred to the Committee on Rules.

HB 2002. By Representative Adams of the 79th:
A bill to amend Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to purposes of county taxes, so as to authorize any county to levy and collect taxes to provide for financial assistance to a municipal downtown development authority for the purpose of developing trade, commerce, industry, or employment opportunities within such county.
Referred to the Committee on Ways & Means.

HR 795. By Representatives Oliver of the 121st, Lawler of the 20th, Hamilton of the 124th, Benefield of the 72nd, Clark of the 13th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for any reasonable method of allocating the taxable property of electric utilities among the state's local tax jurisdictions for ad valorem tax purposes.
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 1930 HB 1931
HB 1933 HB 1939 HB 1940
HB 1941 HB 1942
HB 1943 HB 1944
HB 1945 HB 1946
HB 1947 HB 1948
HB 1949 HB 1950 HB 1951 HB 1952
HB 1953
HB 1954 HB 1955

HB 1956 HB 1957
HB 1958 HB 1959 HB 1960
HB 1961 HB 1962
HB 1963 HB 1964
HR 770 HR 771
HR 783 HR 794
SB 56 SB 325 SB 345 SB 482
SB 537
SB 556 SB 557

Representative McDonald of the 12th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

MONDAY, FEBRUARY 24, 1986

1357

HB 1952 Do Pass HB 1953 Do Pass HB 1300 Do Pass, by Substitute HR 125 Do Pass SB 429 Do Pass SB 443 Do Pass HR 567 Do Pass, as Amended

HR 593 Do Pass, as Amended HR 635 Do Pass, as Amended HR 642 Do Pass, as Amended HR 643 Do Pass, as Amended HR 742 Do Pass, as Amended HR 743 Do Pass, as Amended HR 513 Do Not 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1524 Do Pass, by Substitute
Respectfully submitted, /s/ Childers of the 15th
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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 340 Do Pass, by Substitute SB 445 Do Pass SB 539 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Acting Chairman

Representative Colwell of the 4th District, Chairman of the Committee on State Institutions & Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions & Property has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1888 Do Pass, by Substitute HB 1938 Do Pass SB 377 Do Pass

SR 22 Do Pass SR 361 Do Pass

Respectfully submitted, /s/ Colwell of the 4th
Chairman

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JOURNAL OF THE HOUSE,

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 has instructed me to report the same back to the House with the following recommendations:

HB 1908 Do Pass HB 1909 Do Pass HB 1910 Do Pass HB 1911 Do Pass HB 1912 Do Pass HB 1915 Do Pass HB 1916 Do Pass HB 1918 Do Pass HB 1919 Do Pass

HB 1922 Do Pass HB 1923 Do Pass, as Amended HB 1924 Do Pass HB 1925 Do Pass HB 1926 Do Pass HB 1928 Do Pass HB 1929 Do Pass HB 1932 Do Pass

Respectfully submitted, 1st Richardson of the 52nd
Sub-Committee Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR MONDAY, FEBRUARY 24, 1986

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 31st Legislative Day as enumerated below:

HB 206 HB 328 HB 540 HB 847 HB 889 HB 934 HB 1257 HB 1348 HB 1384 HB 1487 HB 1530 HB 1757

Hazardous Substances: Disclosure To Employees County/Independent School Superintendents: Qualifications Juvenile Courts: Traffic Offenses: Minors: Jurisdiction Auctioneers: Nonresidents: Licensing Weapons: Possession: Retired Peace Officer: Cert. Exceptions Crimes & Offenses: Baiting An Animal Trucks: Suspension System: Cert. Prohibitions Public Officials/Employee: Mileage Allowance Spec. Lie. Plates: Ga. State University: 75th Anniversary Mtr. Carriers: Intrastate Transportation: Amend Prov. Campaign & Financial Disclosure: Report: Certain Date County Boards of Health: Composition: Certain Ordinances

HR 660 DeKalb County Government Study Commission: Create HR 662 Public Auth.: Co./Municipalities: Cert. Prohibitions: CA

ALL APPROPRIATIONS COMMITTEE APPROVED COMPENSATION RESOLUTIONS

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Lee of the 72nd
Chairman

MONDAY, FEBRUARY 24, 1986

1359

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 1908. By Representative Murphy of the 18th:
A bill to amend an Act known as the "Haralson County Water Authority Act," so as to change the number of and selection of members of the Authority; to provide for certain members of the Authority to cease to serve on 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 1909. By Representative McDonald of the 12th:
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 members of the Board of Education of Jackson County and to the appointment of the school superintendent of Jackson 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 1910. By Representative McDonald of the 12th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the West Jackson Fire District (Res. Act No. 240).

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1911. By Representative McDonald of the 12th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Jackson County Industrial Development Authority (Res. Act No. 258).

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

HB 1912. By Representative McDonald of the 12th:
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 authority for the Georgia Bureau of Investigation to exercise certain law enforcement powers within Jackson 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 1915. By Representatives Sizemore of the 136th and Hudson of the 117th:
A bill to amend an Act placing the sheriff of Turner County on an annual salary in lieu of the fee system, so as to change the maximum compensation which can be granted to the 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 1916. By Representatives Sizemore of the 136th and Hudson of the 117th:
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 Turner 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 1918. By Representative Smith of the 78th:
A bill to amend an Act abolishing the present method of compensating the Tax Commissioner of Butts County known as the fee system and providing in lieu thereof an annual salary, so as to change the provisions relating to the supplemental salary 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 1919. 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 for the compensation of the Coroner of Clarke County, so as to change the provisions regarding that compensation.

MONDAY, FEBRUARY 24, 1986

1361

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1922. By Representatives Kilgore of the 42nd, Watts of the 41st and Lee of the 70th:
A bill to amend an Act creating a Magistrate's Court of Douglas County, so as to change the compensation of the chief magistrate of that 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 1923. By Representatives Kilgore of the 42nd, Watts of the 41st and Lee of the 70th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Douglas County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs moves to amend HB 1923 as follows:
On page 1, line 8, delete the year "1988" and insert in lieu thereof the year "1987"
On page 1, line 24, delete the year "1988" and insert in lieu thereof the year "1987"

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 1924. By Representatives Home of the 103rd, Randall of the 101st, Lucas of the 102nd and Pinkston of the 100th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Bibb County during designated registration periods as provided in Code Section 40-2-20.1 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

HB 1925. By Representatives Alford of the 57th, Workman of the 51st, Athon of the 57th, Childs of the 53rd, Williams of the 48th and others:
A bill to repeal an Act providing that neither DeKalb County nor any incorporated municipality located within DeKalb County shall require any fireman to be on duty for more than 60 hours in seven consecutive days.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1926. By Representatives Alford of the 57th, Workman of the 51st, Athon of the 57th, Childs of the 53rd, Williams of the 48th and others:
A bill to repeal an Act providing that neither DeKalb County nor any municipality located wholly within DeKalb County shall require a fireman to be on duty for more than an average of 56 hours per week computed over a period of 52 consecutive weeks.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1928. By Representatives Watson of the 114th, Walker of the 115th and Waddle of the 113th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which imposes a local sales and use tax in Houston County and allocates the proceeds of the tax to the Houston County School System only if the power of said school system to levy ad valorem taxes is limited by another constitutional amendment.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1929. By Representatives Thompson of the 20th, Aiken of the 21st, Cooper of the 20th, Johnson of the 21st, Isakson of the 21st and others:
A bill to amend an Act creating the State Court of Cobb County, so as to authorize additional assistant solicitors; to change the compensation of the solicitor, chief assistant solicitor, and the assistant solicitors.

The report of the Committee, which was favorable to the passage of the Bill, was 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 24, 1986

1363

HB 1932. By Representative McDonald of the 12th:
A bill to amend an Act incorporating the City of Commerce, so as to identify the corporate limits by map reference; to name the city manager as budget officer; to amend the requirements of the city manager; to provide that the maximum tax to be levied for school purposes shall be the same as provided for by general law.

The report of the Committee, which was favorable to the passage of the Bill, was 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 566. By Senator Reddish of the 6th:
A bill to amend an Act placing the sheriff of Bacon County on an annual salary in lieu of the fee system of compensation, so as to change the minimum compensation of the sheriff, deputy sheriffs, jailers, and secretaries; to change the number of deputy sheriffs, secretaries, and jailers.

SB 567. By Senator Ray 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 providing that the county officers of Telfair County shall be ineligible to succeed themselves after having served two successive terms in office (Res. Act No. 76; House Res. No. 102-230; Ga. L. 1963, p. 705);and for other purposes.

SB 568. By Senator Ray of the 19th:
A bill to continue in force and effect as 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; H.R. 102-230; Ga. L. 1963, p. 705);and for other purposes.

SB 569. By Senators Harrison of the 37th and Brannon of the 51st:
A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," so as to provide additional powers to the authority; to empower the authority to make contracts and to execute all instruments necessary or convenient to bill customers of subdivisions for street lights constructed and installed in subdivisions and to pay for the costs of electrical service for such street lights.

SB 571. By Senator Foster of the 50th:
A bill to provide for a homestead exemption from all City of Clayton, Georgia, ad valorem taxes of $2,000.00 for all residents of said city and $4,000.00 for residents of said city who are 65 years of age or over.

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JOURNAL OF THE HOUSE,

SB 572. By Senator Foster of the 50th:
A bill to provide that the homestead of each resident of Dawson County 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 $12,000.00 for the immediately preceding taxable year for income tax purposes.

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.

SB 273. By Senators Engram of the 34th and Bond of the 39th:
A bill to amend Code Section 48-5-165 of the O.C.G.A., relating to the requirement for tax collectors to instruct taxpayers that checks or money orders for the payment of taxes shall be payable to the tax office, so as to provide that said Code section shall not apply to counties of this state having a population of 550,000 or more or to the collection of taxes on behalf of any municipality located wholly or partially within any such county.

HB 1193. By Representative Ramsey of the 3rd:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and county governments, so as to authorize the governing authority of any county to provide by ordinance or resolution for the creation of a civil service system for employees of the county.

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 provide for the definition, classification and taxation of certain intangible personal property held in a foreign country incident to the conduct of an insurance business within the foreign country.

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 Annotated, relating to definitions with respect to glass installations in buildings generally, so as to change the definition of the term "hazardous locations."

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 Practices Act of 1975;" to declare unfair or deceptive acts or practices in the conduct of office supply transactions in trade or commerce to be unlawful.

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:

MONDAY, FEBRUARY 24, 1986

1365

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 confinement, it shall be the duty of the clerk of court to make an entry on the criminal docket and all other records of the court pertaining thereto regarding the exoneration of the defendant.

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 Annotated, relating to local government investment pools, so as to authorize certain other bodies created for a public purpose which obtain the approval of the State Depository Board to use the investment pool.

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 Annotated, relating to correctional institutions of the state and counties, so as to provide for payment of emergency medical costs in life-threatening situations, above a specified minimum amount, by the Georgia Department of Corrections with respect to state inmates housed in county institutions.

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.

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 Annotated, relating to license plates commemorating the bicentennial of the University of Georgia, so as to extend the time of issuance of such license plates.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:

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.

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

1366

JOURNAL OF THE HOUSE,

provide that failure to comply with such training requirements may subject a tax collector or tax commissioner to removal from office.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

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 Annotated, 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.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the House:

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.

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.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate:

SB 355. By Senator Barnes of the 33rd:
A bill to amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate court proceedings for violations of county ordinances, so as to change the conditions under which persons may be arrested prior to trial for violations of county ordinances.

SB 459. By Senator Barnes of the 33rd:
A bill to amend Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to periods of limitation and repose for actions for medical malpractice, so as to provide a procedure whereby a potential defendant in an action for medical malpractice may petition the probate court for the appointment of a guardian ad litem for a potential plaintiff who is under a disability.

SB 496. By Senators Hine of the 52nd, Coleman of the 1st and Scott of the 2nd:
A bill to amend Code Section 46-2-28 of the Official Code of Georgia Annotated, relating to Public Service Commission approval of certain debt of companies over which the commission has jurisdiction, so as to exempt certain companies from the provisions of that Code section.

MONDAY, FEBRUARY 24, 1986

1367

SB 551. By Senator Greene of the 26th:
A bill to amend Code Section 40-5-56 of the Official Code of Georgia Annotated, relating to suspension of licenses or driving privileges for failure to respond to citations, so as to provide for the reinstatement of licenses; to provide for restoration fees.

SB 552. By Senator Greene of the 26th:
A bill to amend Code Section 17-6-11 of the Official Code of Georgia Annotated, relating to the deposit of a chauffeur's or driver's license in lieu of incarceration, formal recognizance, or bail by persons arrested for violations of certain laws pertaining to traffic and motor vehicles, so as to provide for the reinstatement of licenses.

The Senate has agreed to the House substitute to the following Bill of the Senate:

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 officers 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 Senate has passed by the requisite constitutional majority the following Bill of the House:

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 Annotated, relating to the duty of a probationer to inform his probation supervisor 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 suspended; to repeal certain provisions relating to revocation of probation without notice to the probationer.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 273. By Senators Engram of the 34th and Bond of the 39th:
A bill to amend Code Section 48-5-165 of the O.C.G.A., relating to the requirement for tax collectors to instruct taxpayers that checks or money orders for the payment of taxes shall be payable to the tax office, so as to provide that said Code section shall not apply to counties of this state having a population of 550,000 or more or to the collection of taxes on behalf of any municipality located wholly or partially within any such county.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 355. By Senator Barnes of the 33rd:
A bill to amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate court proceedings for violations of county ordinances, so as to change the conditions under which persons may be arrested prior to trial for violations of county ordinances.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE,

SB 459. By Senator Barnes of the 33rd:
A bill to amend Article 4 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to periods of limitation and repose for actions for medical malpractice, so as to provide a procedure whereby a potential defendant in an action for medical malpractice may petition the probate court for the appointment of a guardian ad litem for a potential plaintiff who is under a disability.
Referred to the Committee on Judiciary.

SB 496. By Senators Hine of the 52nd, Coleman of the 1st and Scott of the 2nd:
A bill to amend Code Section 46-2-28 of the Official Code of Georgia Annotated, relating to Public Service Commission approval of certain debt of companies over which the commission has jurisdiction, so as to exempt certain companies from the provisions of that Code section.
Referred to the Committee on Industry.

SB 551. By Senator Greene of the 26th:
A bill to amend Code Section 40-5-56 of the Official Code of Georgia Annotated, relating to suspension of licenses or driving privileges for failure to respond to citations, so as to provide for the reinstatement of licenses; to provide for restoration fees.
Referred to the Committee on Motor Vehicles.

SB 552. By Senator Greene of the 26th:
A bill to amend Code Section 17-6-11 of the Official Code of Georgia Annotated, relating to the deposit of a chauffeur's or driver's license in lieu of incarceration, formal recognizance, or bail by persons arrested for violations of certain laws pertaining to traffic and motor vehicles, so as to provide for the reinstatement of licenses.
Referred to the Committee on Motor Vehicles.

SB 566. By Senator Reddish of the 6th:
A bill to amend an Act placing the sheriff of Bacon County on an annual salary in lieu of the fee system of compensation, so as to change the minimum compensation of the sheriff, deputy sheriffs, jailers, and secretaries; to change the number of deputy sheriffs, secretaries, and jailers.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 567. By Senator Ray 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 providing that the county officers of Telfair County shall be ineligible to succeed themselves after having served two successive terms in office (Res. Act No. 76; House Res. No. 102-230; Ga. L. 1963, p. 705);and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, FEBRUARY 24, 1986

1369

SB 568. By Senator Ray of the 19th:
A bill to continue in force and effect as 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; H.R. 102-230; Ga. L. 1963, p. 705);and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 569. By Senators Harrison of the 37th and Brannon of the 51st:
A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," so as to provide additional powers to the authority; to empower the authority to make contracts and to execute all instruments necessary or convenient to bill customers of subdivisions for street lights constructed and installed in subdivisions and to pay for the costs of electrical service for such street lights.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 571. By Senator Foster of the 50th:
A bill to provide for a homestead exemption from all City of Clayton, Georgia, ad valorem taxes of $2,000.00 for all residents of said city and $4,000.00 for residents of said city who are 65 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 572. By Senator Foster of the 50th:
A bill to provide that the homestead of each resident of Dawson County 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 $12,000.00 for the immediately preceding taxable year for income tax purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HR 796. By Representatives Argo of the 68th, Logan of the 67th and Buck of the 95th:
A resolution commending the University of Georgia cheerleaders and inviting them to appear before the House of Representatives.

Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Bill and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 517 Do Pass, by Substitute HR 785 Do Pass HR 794 Do Pass

SB 406 Do Pass HR 796 Do Pass

1370

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Lee of the 72nd
Chairman

Representative Ramsey of the 3rd moved that the House reconsider its action in failing to give the requisite two-thirds constitutional majority to the following Resolution of the
House: 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 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; to provide that funds may be appropriated and insurance purchased for such purpose.

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

Y Aaron Adams.G Adams.M
Y Aiken
Y Alford Y Alien Y Anderson
Argo Y Athon
Atkins Y Auten
Bailey Balkcom N Bannister
Y Bargeron Y Barnett.B N Barnett.M YBeck
Y Benefield YBenn Y Birdsong
Bishop Bolster Bostick Y Branch
YBray Y Brooks Y Brown.G
Buck
Burruss YByrd
Carter Chambless Chance Cheeks N 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 N Davis
Dean Dixon
Dobbs Y Dover
Y Dunn Edwards Felton
Y Ployd Y Poster Y Galer YGodbee N Goodwin
Y Greene Greer
N Groover
Y Hamilton Y Manner Y Harris Y Hasty
Hays

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
Kilgore Y Kingston N Lane,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
Matthews McDonald

On the motion, the ayes were 111, nays 14. The motion prevailed.

N McKelvey McKinney
Y Milam Y Milford Y Moody Y Moore N Morton Y Mostiler Y Moultrie
Mueller
Y Oliver.C Y Padgett
Panned Y Parham Y Parrish
Patten Peters Y Pettit Phillips Y Pinkston
Y Porter Rainey
Y Ramsey.T N Ramsey,V
Y Randall Y Ransom YRay Y Reaves Y Redding
Richardson Robinson.C N Robinson.P
YRoss Y Royal
Russell Y Selman

N Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L N Smith.P
Smith.T Y Smyre YSnow Y Stancil
Steinberg Y Thomas.C
Thomas.M Thompson Y Townsend Y Triplett
N Waddle Y Waldrep
Walker.C Walker.L Y Wall Ware Y Watson Watts White Y Wilder Y Williams,B Y Williams,J Y Williams,R Wilson Y Wood Y Workman Y Yeargin Y Young Murphy,Spkr

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 889. By Representatives Holmes of the 28th, Coleman of the 118th, Ramsey of the 3rd and Benn of the 38th:
A bill to amend Code Section 16-11-127 of the Official Code of Georgia Annotated, relating to prohibiting the carrying of deadly weapons to or at

MONDAY, FEBRUARY 24, 1986

1371

public gatherings, so as to provide an exception for retired peace officers; to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding employment and training of peace officers, so as to change the definition of the term "retired peace 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 roll call was ordered and the vote was as follows:

Y Aaron Adams,G Adams.M
Y Aiken 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 Bolster
Y Bostick Y Branch
YBray Y Brooks Y Brown.G
Buck Burruss YByrd Y Carter Chambless
Y Chance Y Cheeks Y Childers

Childs
Y Clark.B Y Clark.L Y Colbert
Coleman Y Colwell
Connell Y Cooper Y Copelan Y Couch YCox Y Crawford
Crosby
Y Cummings Daugherty
Y Davis YDean
Dixon Dobbs Y Dover Y Dunn Edwards Felton Y Floyd Y Foster Y Galer
YGodbee Y Goodwin Y Greene
Greer Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty YHays

Heard YHill
Y Holcomb Y Holmes Y Hooks
Home
Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D 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 Linder
Logan YLong YLord
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 Mortal Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett
Pannell Y Parham Y Parrish
Patten Peters Y Pettit Phillips Pinks ton Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall
Y Ransom YRay
Reaves Y Redding
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,?
Smith.T
Y Smyre YSnow
Y Stancil Steinberg
Y Thomas.C Thomas.M Thompson Townsend
Y Triplet! Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall
Ware Y Watson
Y Watts White Wilder
Y Williams,B Y Williams,J Y Williams.R
Wilson
Y Wood Workman
Y Yeargin
Y Young Murphy,Spkr

On the passage of the Bill, the ayes were 135, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Richardson of the 52nd stated that she had been called from the floor of the House during the preceding roll call. She wished to vote "aye" thereon.

HB 934. By Representative Bostick of the 138th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions applicable to offenses against public health and morals, so as to prohibit the baiting of animals.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

N Aaron Adams.G
Y Adams.M

Y Aiken Y Alford Y Alien

Y Anderson Argo
Y Athon

Y Atkins Y Auten Y Bailey

Y Balkcom Y Bannister Y Bargeron

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JOURNAL OF THE HOUSE,

Y Barnett.B Y Barnett,M Y Beck YBenefield
Benn Y Birdsong
Bishop Bolster Y Bostick Y Branch Y Bray Y Brooks Y Brown.G Buck Y Burruss Y Byrd
Y Carter YChambless Y Chance
Y Cheeks Y Childers
Y Childs N Clark.B Y Clark.L YColbert Y Coleman N Colwell
Connell Y Cooper YCopelan Y Couch YCox
Crawford

Y Crosby Y Cummings
Daugherty Y Davis Y Dean Y Dixon Y Dobbs N Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler 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 Y Hooks
Home Y Hudson Ylsakson Y JacksonJ

Y Jackson,N Y Jamieson Y Johnson.D Y JohnsonJF Y John8on,R Y Johnson,S
Kilgore Y Kingston Y Lane,D N Lane.R
Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder
Y Logan Y Long Y Lord
Lucas Y Lupton
Y Maddoi 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 Y Padgett Y Pannell Y Parham Y Parrish
Patten Peters Y Pettit Phillips Pinkston Y Porter Rainey
Y Ramsey.T Y Ramsey.V
Randall
Y Ransom Y Ray
Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,P Y Ross Y Royal Y Russell Y SeUnan Y Shepard Y Sherrod Y Sinkfleld

Y Sizemore Y Smith,L Y Smith,?
Smith.T Y Smyre Y Snow Y Stancil Y Steinberg Y Thomas,C Y Thomas,M
Thompson Y Townsend Y Triplet!
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 MurphyJSpkr

On the passage of the Bill, the ayes were 142, nays 5. The Bill, having received the requisite constitutional majority, was passed.

HB 1257. By Representative Dobbs of the 74th:
A bill to amend Code Section 40-8-6 of the Official Code of Georgia Annotated, relating to altering the suspension system of certain motor vehicles 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.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 40-8-6 of the Official Code of Georgia Annotated, relating to altering the suspension system of certain motor vehicles operated on public streets or highways, so as to provide that it shall be unlawful to alter the suspension system of trucks with a gross vehicle weight of 14,000 pounds or less, which may be operated on public streets or highways, more than two inches above or below the factory recommendation for such trucks; to provide that it shall be unlawful to operate such a truck upon a highway, roadway, or street if the suspension system has been altered more than two inches above or below the factory recommendation for the truck; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-8-6 of the Official Code of Georgia Annotated, relating to altering the suspension system of certain motor vehicles operated on public streets or highways, is amended by striking subsections (a) and (b) in their entirety and substituting in lieu thereof new subsections (a) and (b) to read as follows:

MONDAY, FEBRUARY 24, 1986

1373

"(a) It shall be unlawful to alter the suspension system of any truck with a gross vehicle weight of 14,000 pounds or less or private passenger motor vehicle2 which may be operated on any public street or highway2 more than two inches above or below the factory recommendation for any such vehicle.
(b) It shall be unlawful to operate any truck with a gross vehicle weight of 14,000 pounds or less or private passenger motor vehicle upon any highway, roadway, or street if the suspension system of such vehicle has been altered more than two inches above or below the factory recommendation for such vehicle."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Dobbs of the 74th, Crawford of the 5th and Jackson of the 9th, was read and adopted:

A BILL
To amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment generally, so as to provide that it shall be unlawful to alter the suspension system of trucks in certain gross vehicle weight categories in excess of certain specific limitations; to provide that it shall be unlawful to operate any truck upon any highway, roadway, or street if the suspension system has been altered to exceed such limitations; to provide for criminal penalties; 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 Annotated, relating to equipment generally, is amended by adding a new Code Section immediately following Code Section 40-8-6, to be designated Code Section 40-8-6.1, to read as follows:
"40-8-6.1. (a) It shall be unlawful to alter the suspension system of any truck with a gross vehicle weight of 4,500 pounds or less, which may be operated on any public street or highway, so as to exceed 27 inches as measured from the surface of the street to the lowest point on the frame of the truck.
(b) It shall be unlawful to alter the suspension system of any truck with a gross weight of not less than 4,501 pounds and not more than 7,500 pounds, which may be operated on any public street or highway, so as to exceed 30 inches as measured from the surface of the street to the lowest point on the frame of the truck.
(c) It shall be unlawful to alter the suspension system of any truck with a gross vehicle weight of not less than 7,501 pounds and not more than 14,000 pounds, which may be operated on any public street or highway, so as to exceed 31 inches as measured from the surface of the street to the lowest point on the frame of the truck.
(d) It shall be unlawful to operate any truck upon any highway, roadway, or street if the suspension system has been altered in excess of the limitations provided for in this Code section.
(e) Any person violating this Code section 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 substitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams,M Y Aiken

Y Alford Y Alien Y Andersen Y Argo

Y Athon Y Atkins Y Auten
Bailey

Y Balkcom Y Bannister Y Bargeron Y Barnett.B

Y Barnett,M Y Beck Y Benefield
Benn

1374

JOURNAL OF THE HOUSE,

N Birdsong Bishop Bolster
Y Bostick Y Branch
Bray Y Brooks Y Brown.G YBuck Y Burruss NByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L Y Colbert Y Coleman N Colwell Y Connell N Cooper Y Copelan Y Couch NCox Y Crawford
Crosby N Cummings
Daugherty Y Davis

Dean Y Dixon Y Dobbs Y Dover Y Dunn N Edwards Y Felton Y Floyd
Foster Y Galer Y Godbee Y Goodwin Y Greene
Greer Y Groover Y Hamilton N Hanner Y Harris Y Hasty N Hays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home N Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson.D

Y Johnson.F Y Johnson.R Y Johnson.S Y Kilgore Y Kingston Y Lane,D N Lane.R Y Lawler Y Lawrence Y Lawson N Lee.C Y Lee.W Y Linder Y Logan N Long
Lord Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews McDonald Y McKelvey McKinney Y Milam N Milford N Moody Y Moore Y Morton Y Mostiler

Y Moultrie Mueller
N Oliver.C N Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit N Phillips
Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall N Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C
Robinson.P Ross N Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore

Y Smith.L Y Smith.P N Smith.T Y Smyre NSnow Y Stancil Y Steinberg N Thomas.C
Thomas,M Thompson Y Townsend Y Triplett Y Twiggs Y Waddle N Waldrep N Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Williams.R Y Wilson Y Wood Workman Y Yeargin Young Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 127, nays 25.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 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 carrier industry.

The following Committee substitute was read:

A BILL
To amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide that the commission shall not limit the number of contracts entered into by a contract carrier if certain conditions are met; 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 carrier industry; to change certain definitions; to define certain additional terms; to repeal certain definitions relating specifically to motor common carriers; to change certain provisions relating to the granting of a certificate of public convenience and necessity with respect to motor common carriers; to change the

MONDAY, FEBRUARY 24, 1986

1375

provisions relating to annual registration and licensing of motor common carriers; to provide permits for certain motor common carriers; to provide for the registration of intrastate motor common carriers transporting exempt commodities; to repeal certain provisions relating to records maintained by motor common carriers; to repeal certain provisions relating to the applicability of Article 1 of Chapter 7 of Title 46, relating to motor common carriers; to repeal certain definitions relating specifically to motor contract carriers; to change certain provisions relating to the granting of a certificate of public convenience and necessity with respect to motor contract carriers; to change the provisions relating to annual registration and licensing of motor contract carriers; to provide permits for certain motor contract carriers; to provide for the registration of intrastate contract carriers transporting exempt commodities; to change certain provisions relating to records maintained by motor contract carriers; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by striking in its entirety Code Section 46-1-1, which reads as follows:
"46-1-1. As used in this title, the term: (1) 'Carrier' means a person who undertakes the transporting of goods or passen-
gers for compensation. (2) 'Certificate' means a certificate of public convenience and necessity issued by
the Public Service Commission pursuant to this title. (3) 'Commission' means the Public Service Commission. (4) 'Common carrier' means a person who undertakes to carry and holds himself
out as ready to receive for carriage, goods for hire which he is accustomed to carry or passengers for hire without discrimination as long as he has room.
(5) 'Company' shall include a corporation, a firm, a partnership, an association, or an individual.
(6) 'Electric utility' means any retail supplier of electricity whose rates are fixed by the commission.
(7) 'Motor common carrier' means every person owning, controlling, operating, or managing any motor propelled vehicle and the lessees, receivers, or trustees of such person used in the transporting for hire of persons or property, or both, otherwise than over permanent rail tracks, on the public highways of this state as a common carrier. However, the term 'motor common carrier' shall not include granite trucks that are transporting from quarry to finishing plant across not more than two counties. As used in this paragraph, the term 'for hire' shall include an activity wherein for compensation a motor vehicle and driver are furnished to a person by another person, acting directly or knowingly and willfully acting with another to provide the combined service of the vehicle and driver, and shall include every person acting in concert with, under the control of, or under common control with a motor common carrier, who shall offer to furnish transportation for compensation.
(8) 'Motor contract carrier' means every person, except common carriers, owning, controlling, operating, or managing any motor propelled vehicle including the lessees or trustees of such persons or receivers appointed by any court used in the business of transporting persons or property for hire over any public highway in this state and not operated exclusively within the corporate limits of any city. The term 'motor contract carrier' shall not include:
(A) Motor vehicles engaged solely in transporting school children and teachers to and from public schools;
(B) Cars and trucks hauling people and farm products exclusively between points not having railroad facilities and not passing through or beyond municipalities having railroad facilities, where not more than nine passengers or one and onehalf tons of freight, or both, are transported;
(C) Motor vehicles engaged exclusively in the transportation of agricultural or dairy products, or both, between farm, market, gin, warehouse, or mill, where the

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weight of the load does not exceed 18,850 pounds, whether such motor vehicle is owned by the owner or producer of such agricultural or dairy products or not, so long as the title remains in the producer. As used in this subparagraph and in subparagraph (F) of this paragraph, the term 'producer' includes a landlord where the relations of landlord and tenant or landlord and cropper are involved. As used in this subparagraph, the term 'agricultural products' includes fruit, livestock, meats, fertilizer, wood, lumber, cotton, and naval stores; household goods and supplies transported to farms for farm purposes; or other usual farm and dairy supplies, including products of grove or orchard; poultry and eggs; fish and oysters; and timber or logs being hauled by the owner thereof or his agents or employees between forest and mill or primary place of manufacture;
(D) Motor vehicles used by country merchants in rural districts who handle poultry and farm products in pursuance of their own business and not for hire;
(E) Granite trucks that are transporting from quarry to finishing plant, not crossing more than two counties;
(F) Motor vehicles engaged in the transportation of peanuts in the shell, peaches, nursery stock, sod grass, potting soil, pine bark nuggets, poultry and processed poultry, dry fertilizer, flue-cured tobacco, corn, soybeans, or soybean meal, or feed for poultry or livestock, cucumbers, tomatoes, beans, green corn, cabbage, peas, potatoes, cantaloupes, watermelons, okra, and green peppers, whether such motor vehicles are owned by the producer or owner of such commodities and products or by any other person, provided that such vehicles do not haul or transport other commodities not exempt by law from the regulations of the commission;
(G) Taxicabs, drays, trucks, buses, and other motor vehicles which operate within the corporate limits of municipalities and are subject to regulation by the governing authorities of such municipalities. This exception shall apply to taxicabs and buses even though such vehicles may, in the prosecution of their regular business, occasionally go beyond the corporate limits of such municipalities, provided that they do not operate to or from fixed termini outside of such limits;
(H) Hotel passenger or baggage motor vehicles when used exclusively for patrons and employees of such hotel;
(I) Motor trucks of railway companies which perform a pick-up and delivery service in connection with their freight train service, between their freight terminals and points not more than ten miles distant, when either the freight terminal or such points, or both, are outside the limits of an incorporated city;
(J) RFD carriers and star-route carriers which carry no more than nine passengers along with carriage of the United States mail, provided that such carriers shall not carry passengers on a route along which another motor carrier of passengers has a permit or a certificate to operate;
(K) Motor vehicles owned and operated exclusively by the United States government or by this state or any subdivision thereof;
(L) Any dump truck or transit mixer vehicle used exclusively in the transportation of sand, gravel, crushed stone, fill dirt, borrow pit materials, plant mix road materials, plant mix concrete, or road base materials, to be used in the construction, reconstruction, or maintenance of public highways, bridges, airport runways (including adjacent taxi strips and parking areas), or dams, when payment for such transportation is made by the United States government, this state, or any county or municipality or other governmental subdivision of this state, or where payment is made by any contractor performing such public work under contract with any such government, and when such truck or vehicle transports such materials for a distance not exceeding 50 miles;
(M) Motor vehicles commonly known as tow trucks or wreckers, designed and exclusively used in the business of towing abandoned, disabled, and wrecked vehicles or otherwise rendering assistance to abandoned, disabled, and wrecked vehicles; and
(N) Motor vehicles operated not for profit with a capacity of 15 persons or less when they are used exclusively to transport elderly and handicapped passengers or

MONDAY, FEBRUARY 24, 1986

1377

employees under a corporate sponsored van pool program, except that a vehicle owned by the driver may be operated for profit when he is traveling to and from his place of work provided each such vehicle carrying more than nine passengers maintains liability insurance in an amount of not less than $100,000.00 per person and $300,000.00 per accident and $50,000.00 property damage. For the purposes of this subparagraph, elderly and handicapped passengers are defined as individuals over the age of 60 years or who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, are unable to utilize mass transportation facilities as effectively as persons who are not so affected. As used in this paragraph, the term 'for hire' shall include an activity wherein for compensation a motor vehicle and driver are furnished to a person by another person, acting directly or knowingly and willfully acting with another to provide the combined service of the vehicle and driver, and shall include every person acting in concert with, under the control of, or under common control with a motor contract carrier, who shall offer to furnish transportation for compensation.
(9) 'Passenger' means a person who travels in a public conveyance by virtue of a contract, either express or implied, with the carrier as to the payment of the fare or
that which is accepted as an equivalent therefor. The prepayment of fare is not necessary to establish the relationship of passenger and carrier; although a carrier may demand prepayment of fare if persons enter his vehicle by his permission with the
intention of being carried; in the absence of such a demand, an obligation to pay fare is implied on the part of the passenger, and the reciprocal obligation of carriage of the carrier arises upon the entry of the passenger.
(10) 'Person' means any individual, partnership, trust, private or public corporation, municipality, county, political subdivision, public authority, cooperative, association,
or public or private organization of any character. (11) 'Private carrier' means every person except motor common carriers or motor
contract carriers owning, controlling, operating, or managing any motor propelled vehi-
cle, and the lessees or trustees thereof or receivers appointed by any court whatsoever, used in the business of transporting persons or property in private transportation not
for hire over any public highway in this state. The term 'private carrier' shall not include:
(A) Motor vehicles not for hire engaged solely in the harvesting or transportation of forest products;
(B) Motor vehicles not for hire engaged solely in the transportation of roadbuilding materials;
(C) Motor vehicles not for hire engaged solely in the transportation of unman-
ufactured agricultural or dairy products between farm, market, gin, warehouse, or mill whether such vehicle is owned by the owner or producer of such agricultural
or dairy products or not so long as the title remains in the producer; or (D) Except for the motor vehicles excluded under subparagraph (C) of this para-
graph, motor vehicles having a manufacturer's gross vehicle weight rating of 10,000 pounds or less; provided, however, that motor vehicles which have a manufacturer's
gross vehicle weight rating of 10,000 pounds or less and which are transporting hazardous materials, as the term 'hazardous materials' is defined in Title 49 C.F.R.,
Parts 107, 171-173, and 177-178, shall be included within the meaning of the term 'private carrier.'
(12) 'Railroad corporation' or 'railroad company' means all corporations, companies, or individuals owning or operating any railroad in this state. This title shall apply to
all persons, firms, and companies, and to all associations of persons, whether incorpo-
rated or otherwise, that engage in business as common carriers upon any of the lines of railroad in this state, as well as to railroad corporations and railroad companies as
defined in this Code section.
(13) 'Rate,' when used in this title with respect to an electric utility, means any rate, charge, classification, or service of an electric utility or any rule or regulation relating thereto.
(14) 'Utility' means any person who is subject in any way to the lawful jurisdiction of the commission.",

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and inserting in lieu thereof a new Code Section 46-1-1 to read as follows:
"46-1-1. As used in this title, the term: (1) 'Carrier' means a person who undertakes the transporting of goods or passen-
gers for compensation. (2) 'Vehicle 1 or 'motor vehicle' means any vehicle, machine, tractor, trailer, or
semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof, determined by the Public Service Commission.
(3) 'Public highway' means every public street, road, highway, or thoroughfare of any kind in this state.
(4) 'Certificate' means a certificate of public convenience and necessity issued by the Public Service Commission pursuant to this title.
(5) 'Permit' means a registration permit issued by the Public Service Commission authorizing interstate transportation for hire in Georgia under authority granted by the Interstate Commerce Commission or interstate transportation for hire exempt from the jurisdiction of the Interstate Commerce Commission or intrastate transportation for hire exempt from the jurisdiction of the Public Service Commission.
(6) 'Commission' means the Public Service Commission.
(7) 'Company' shall include a corporation, a firm, a partnership, an association, or an individual.
(8) 'Person' means any individual, partnership, trust, private or public corporation, municipality, county, political subdivision, public authority, cooperative, association, or public or private organization of any character.
(9) 'Passenger' means a person who travels in a public conveyance by virtue of a contract, either express or implied, with the carrier as to the payment of the fare or
that which is accepted as an equivalent therefor. The prepayment of fare is not necessary to establish the relationship of passenger and carrier; although a carrier may
demand prepayment of fare if persons enter his vehicle by his permission with the
intention of being carried; in the absence of such a demand, an obligation to pay fare is implied on the part of the passenger, and the reciprocal obligation of carriage of
the carrier arises upon the entry of the passenger. (10) 'For hire' means an activity wherein for compensation a motor vehicle and
driver are furnished to a person by another person, acting directly or knowingly and
willfully acting with another to provide the combined service of the vehicle and driver, and includes every person acting in concert with, under the control of, or under
common control with a motor carrier who shall offer to furnish transportation for
compensation. (11) 'Private carrier' means every person except motor common carriers or motor
contract carriers owning, controlling, operating, or managing any motor propelled vehi-
cle, and the lessees or trustees thereof or receivers appointed by any court whatsoever, used in the business of transporting persons or property in private transportation not
for hire over any public highway in this state. The term 'private carrier' shall not
include: (A) Motor vehicles not for hire engaged solely in the harvesting or transporta-
tion of forest products; (B) Motor vehicles not for hire engaged solely in the transportation of road-
building materials; (C) Motor vehicles not for hire engaged solely in the transportation of unman-
ufactured agricultural or dairy products between farm, market, gin, warehouse, or
mill whether such vehicle is owned by the owner or producer of such agricultural
or dairy products or not, so long as the title remains in the producer; or (D) Except for the motor vehicles excluded under subparagraph (C) of this para-
graph, motor vehicles having a manufacturer's gross vehicle weight rating of 10,000
pounds or less; provided, however, that motor vehicles which have a manufacturer's
gross vehicle weight rating of 10,000 pounds or less and which are transporting hazardous materials, as the term 'hazardous materials' is defined in Title 49 C.F.R.,
Parts 107, 171-173, and 177-178, shall be included within the meaning of the term
'private carrier.'

MONDAY, FEBRUARY 24, 1986

1379

(12) 'Motor contract carrier and motor common carrier' means as follows: (A) 'Motor contract carrier' means every person, except common carriers,
owning, controlling, operating, or managing any motor propelled vehicle including the lessees or trustees of such persons or receivers appointed by any court used in the business of transporting persons or property for hire over any public highway in this state and not operated exclusively within the corporate limits of any city.
(B) 'Motor common carrier" means every person owning, controlling, operating, or managing any motor propelled vehicle, and the lessees, receivers, or trustees of such person, used in the business of transporting for hire of persons or property, or both, otherwise than over permanent rail tracks, on the public highways of Georgia as a common carrier.
(C) Except as otherwise provided in this subparagraph, the term 'motor common carrier and motor contract carrier' shall not include:
(i) Motor vehicles engaged solely in transporting school children and teachers to and from public schools and private schools;
(ii) Taxicabs, drays, trucks, buses, and other motor vehicles which operate within the corporate limits of municipalities and are subject to regulation by the governing authorities of such municipalities. This exception shall apply to taxicabs and buses even though such vehicles may, in the prosecution of their regular business, occasionally go beyond the corporate limits of such municipalities, provided that they do not operate to or from fixed termini outside of such limits and to any dray or truck which operates within the corporate limits of a city and is subject to regulation by the governing authority of such city or by the commission and which goes beyond the corporate limits only for the purpose of hauling chattels which have been seized under any court process;
(iii) Hotel passenger or baggage motor vehicles when used exclusively for patrons and employees of such hotel;
(iv) Motor vehicles operated not for profit with a capacity of 15 persons or less when they are used exclusively to transport elderly and handicapped passengers or employees under a corporate sponsored van pool program, except that a vehicle owned by the driver may be operated for profit when he is traveling to and from his place of work provided each such vehicle carrying more than nine passengers maintains liability insurance in an amount of not less than $100,000.00 per person and $300,000.00 per accident and $50,000.00 property damage. For the purposes of this division, elderly and handicapped passengers are defined as individuals over the age of 60 years or who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, are unable to utilize mass transportation facilities as effectively as persons who are not so affected;
(v) Granite trucks, where transportation from quarry to finishing plant involves not crossing more than two counties;
(vi) RFD carriers and star-route carriers which carry no more than nine passengers along with carriage of the United States mail, provided that such carriers shall not carry passengers on a route along which another motor carrier of passengers has a permit or a certificate to operate;
(vii) Motor trucks of railway companies which perform a pick-up and delivery service in connection with their freight train service, between their freight terminals and points not more than ten miles distant, when either the freight terminal or such points, or both, are outside the limits of an incorporated city;
(viii) Motor vehicles owned and operated exclusively by the United States
government or by this state or any subdivision thereof;
(ix) Single source leasing whereby a leasing company whose primary business is leasing vehicles and who operates a fleet of ten or more vehicles provides vehicle equipment and drivers in a single transaction to a private carrier. Such arrangement is presumed to result in private carriage by the shipper if the requirements enumerated below are met and subject only to the commission's
transportation safety rules:

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(I) The lease must be reduced to writing and a copy maintained on the leased vehicle at all times during the term of the lease;
(II) The period for which the lease applies must be no less than 30 days; (III) The lease agreement must provide, and the surrounding facts must reflect, that the leased equipment is exclusively committed to the lessee's use for the term of the lease;
(IV) The lease agreement must provide, and the surrounding facts must reflect, that during the term of the lease the lessee accepts, possesses, and exercises exclusive dominion and control over the leased equipment and assumes complete responsibility for the operation of the equipment;
(V) The lessee must maintain public liability insurance and accept responsibility to the public for any injury caused in the course of performing the transportation service conducted by the lessee with the equipment during the term of the lease;
(VI) The lessee shall display appropriate identification on all equipment leased by it showing operation by the lessee during the performance of the transportation;
(VII) The lessee must accept responsibility for, and bear the cost of, compliance with safety regulations during performance by the lessee of any such transportation services; and
(VIII) The lessee must bear the risk of damage to the cargo, subject to any
right of action the lessee may have against the lessor for the letter's negligence; (x) Motor vehicles engaged exclusively in the transportation of agricultural or dairy products, or both, between farm, market, gin, warehouse, or mill, whether
such motor vehicle is owned by the owner or producer of such agricultural or dairy products or not, so long as the title remains in the producer. For the pur-
poses of this division, the term 'producer' includes a landlord where the relations of landlord and tenant or landlord and cropper are involved. As used in this divi-
sion, the term 'agricultural products' includes fruit, livestock, meats, fertilizer, wood, lumber, cotton, and naval stores; household goods and supplies transported
to farms for farm purposes; or other usual farm and dairy supplies, including products of grove or orchard; poultry and eggs; fish and oysters; and timber or
logs being hauled by the owner thereof or his agents or employees between forest and mill or primary place of manufacture;
(xi) Motor vehicles engaged in the transportation of unmanufactured agricultural products, dairy products, poultry and processed poultry, nursery stock, sod
grass, potting soil, pine bark nuggets, dry fertilizer, flue-cured tobacco, soybean meal, pine bark, wood chips, shavings, sawdust, feedstuff for livestock and poul-
try, including feedstuff ingredients, provided that such vehicles do not haul or transport other commodities on the same vehicle at the same time not exempt by
law from the regulations of the commission; any dump truck or transit mixer
vehicle used exclusively in the transportation of sand, gravel, crushed stone, rock fill dirt, borrow pit materials, plant mix road materials, plant mix concrete, or road base materials; motor vehicles commonly known as tow trucks or wreckers,
designed and exclusively used in the business of towing abandoned, disabled, and wrecked vehicles and replacement vehicles therefor or otherwise rendering assis-
tance to abandoned, disabled, and wrecked vehicles; except that any operator of
such a vehicle is required to register the exempt operation with the commission, register and identify any of its vehicles, and become subject to the commission's
liability insurance and vehicle and hazardous materials safety rules; (xii) Motor vehicles engaged in compensated intercorporate hauling whereby
transportation of property is provided by a person who is a member of a corporate family for other members of such corporate family, provided:
(I) The parent corporation notifies the commission of its intent or the
intent of one of the subsidiaries to provide the transportation; (II) The notice contains a list of participating subsidiaries and an affidavit
that the parent corporation owns directly or indirectly a 100 percent interest in each of the subsidiaries;

MONDAY, FEBRUARY 24, 1986

1381

(III) A copy of the notice is carried in the cab of all vehicles conducting the transportation; and
(IV) The transportation entity of the corporate family registers the compensated intercorporate hauling operation with the commission, registers and identifies any of its vehicles, and becomes subject to the commission's liability insurance and motor carrier and hazardous materials transportation rules. For the purpose of this division, the term 'corporate family" means a group of corporations consisting of a parent corporation and all subsidiaries in which the parent corporation owns directly or indirectly a 100 percent interest; (xiii) Vehicles transporting not more than 15 persons for hire, except that any operator of such a vehicle is required to register the exempt operation with the commission, register and identify any of its vehicles, and become subject to the commission's liability insurance and vehicle safety rules. (13) 'Railroad corporation' or 'railroad company' means all corporations, companies, or individuals owning or operating any railroad in this state. This title shall apply to all persons, firms, and companies, and to all associations of persons, whether incorporated or otherwise, that engage in business as common carriers upon any of the lines of railroad in this state, as well as to railroad corporations and railroad companies as defined in this Code section. (14) 'Rate,' when used in this title with respect to an electric utility, means any rate, charge, classification, or service of an electric utility or any rule or regulation relating thereto. (15) 'Electric utility' means any retail supplier of electricity whose rates are fixed by the commission. (16) 'Utility' means any person who is subject in any way to the lawful jurisdiction of the commission."
Section 2. Said title is further amended by striking in its entirety Code Section 46-7-1, which reads as follows:
"46-7-1. As used in this article, the term: (1) 'Public highway' means every public street, road, highway, or thoroughfare of
any kind in the state. (2) 'Vehicle' or 'motor vehicle' includes a trailer; and each trailer shall be deemed
a separate vehicle."
Section 3. Said title is further amended by striking in its entirety Code Section 46-7-7, which reads as follows:
"46-7-7. (a) In determining whether such certificate of public convenience and necessity shall be granted, the commission, among other things, must consider the following:
(1) Whether existing transportation service of all kinds is adequate to meet the reasonable public needs;
(2) The volume of existing traffic over such route, and whether such traffic and that reasonably to be anticipated in the future can support existing transportation agencies as well as the applicant;
(3) The financial ability of the applicant to furnish adequate, continuous, and uninterrupted service for the year round and to meet the financial obligations of the service which the carrier proposes to perform;
(4) The effect, expense, and burden on the public highways, including bridges, and on the traffic, both private and common carrier, thereon; and
(5) The effect on existing transportation revenues and service of all kinds, and particularly whether the granting of such certificate will or may seriously impair essential existing public service. (b) No certificate or authority shall be granted to an applicant proposing to operate over the route of any holder of a certificate or authority when the public convenience and necessity with respect to such route is being adequately served by such certificate or authority holder. No certificate or authority shall be granted to an applicant proposing to operate over the route of any holder of a certificate or authority unless and until

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it shall be proved to the satisfaction of the commission that the service rendered by such certificate or authority holder over the route is inadequate to the public needs. If the commission is of the opinion that the service rendered by such certificate or authority holder over the route is in any respect inadequate to the public needs, such certificate or authority holder shall be given reasonable time and opportunity to remedy such inadequacy before any certificate or authority shall be granted to an applicant proposing to operate over such route.", and inserting in lieu thereof a new Code Section 46-7-7 to read as follows:
"46-7-7. (a) The commission shall issue a certificate of public convenience and necessity to a person authorizing transportation as a motor common carrier subject to the jurisdiction of the commission if it finds that:
(1) The person is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with regulations of the commission. Fitness encompasses three factors:
(A) The applicant's financial ability to perform the service it seeks to provide; (B) The applicant's capability and willingness to perform properly and safely the proposed, service; and (C) The applicant's willingness to comply with the laws of Georgia and the rules and regulations of the commission; and (2) Based on evidence presented by the applicant supporting the issuance of the certificate, that the service proposed will serve a useful public purpose and be responsive to a public demand or need. (b) The initial burden of making out a prima-facie case that an applicant's service is needed and that the applicant is fit to provide such service rests with the applicant. (c) Upon an applicant making out a prima-facie case as to the need for the service and the carrier's ability to provide the service, the burden shifts to protestant to show that the authority sought would not be consistent with the public convenience and necessity. (d) The commission shall not consider diversion of revenue or traffic from an existing motor carrier to be grounds for denial of an application. (e) A protest of a motor carrier of property or of passengers to an application will not be considered unless the protesting carrier: (1) Possesses authority from the commission to handle, in whole or in part, the commodity for which authority is applied and is willing and able to provide service that meets the reasonable needs of the shippers involved and has performed service within the scope of the application during the previous 12 month period or has actively in good faith solicited service within the scope of application during such period; or (2) Has pending before the commission an application previously filed with the commission for substantially the same authority; or (3) Is granted by the commission leave to intervene upon a showing of other interests which in the discretion of the commission would warrant such a grant."
Section 4. Said title is further amended by striking in their entirety subsections (a) and (b) of Code Section 46-7-15, relating to annual registration and licensing of vehicles operated under certificate, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) Every motor common carrier shall annually on or before January 1, as long as its certificate or permit remains in force, or, as to a vehicle put into use during the course of the year, before the vehicle is put into use, make application to the commission for registration and licensing of all motor vehicles to be operated under such certificate or permit, in such manner and form as the commission may by rule or regulation prescribe, and shall pay to the commission a fee of $5.00 for the registration of each vehicle and the issuance of a license to operate the same.
(b) Motor carriers operating pursuant to a certificate or permit as provided for in this article may, in lieu of other vehicle registration provisions contained in this Code section, register vehicles operated as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the commission of a fee of $8.00 for each

MONDAY, FEBRUARY 24, 1986

1383

vehicle so registered. Upon such registration, the commission shall issue an emergency, temporary, or trip-lease vehicle registration permit."
Section 5. Said title is further amended by striking Code Section 46-7-16 in its entirety and inserting in lieu thereof a new Code Section 46-7-16 to read as follows:
"46-7-16. (a) Except as otherwise provided in this Code section, before any motor common carrier engaged solely in interstate commerce or any motor common carrier engaged in exempt commodity intrastate commerce as provided for in subparagraph (C) of paragraph (12) of Code Section 46-1-1 shall operate any motor vehicle on or over any public highway of this state, it shall first:
(1) Secure a registration permit from the Georgia Public Service Commission by making application therefor on forms supplied by the commission and paying a $25.00 filing fee. Applications for registration shall show every certificate or permit authority issued to the applicant by the Interstate Commerce Commission with regard to the applicant's interstate operations in this state; or, in the case of motor common carriers exempt from regulation by the Interstate Commerce Commission or the Public Service Commission, the application shall show the commodities or operations claimed to be exempt and the routes or area over which such carriers shall operate in this state. A carrier's registration shall be valid so long as there is no change in its operating authority with regard to its operations in this state, but the registration may be amended to reflect such changes by application to the commission on forms supplied by the commission and payment of a $5.00 filing fee;
(2) Except as otherwise provided for in subsection (b) of this Code section, obtain Obtain an annual registration and identification stamp for each of its motor vehicles operated on or over any public highway of this state. Each annual registration and identification stamp shall be valid for a 15 month period extending from November 1 of any year through January 31 of the next succeeding year and may be obtained from the Georgia Public Service Commission upon application on a form supplied by the commission and payment of a $5.00 registration and identification fee. Notwithstanding any other provision of this Code section, the Georgia Public Service Commission is authorized to impose a vehicle identification and registration fee equal to the identification and registration fee charged by any other state, up to a maximum of $25.00, upon vehicles licensed in that state if such state charges equipment licensed in Georgia a vehicle identification and registration fee in excess of $5.00; and
(3) Give the bond or indemnity insurance prescribed by this article, omitting the protection in respect to their own passengers and cargoes. (b) Motor carriers operating in intrastate commerce pursuant to a registration permit as provided for in this article shall obtain an annual registration and license for each vehicle to be operated under such permit, in such manner and form as the commission may by rule or regulation prescribe, and shall pay to the commission a fee of $5.00 for the registration of each vehicle and the issuance of a license to operate the same. 4b) (c) Motor carriers operating pursuant to a registration permit as provided for in this Code section may, in lieu of all other registration and identification requirements contained in subsection (a) of this Code section, register vehicles operated in Georgia as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the commission of a fee of $8.00 for each vehicle so registered; and upon such payment, the commission shall issue an emergency, temporary, or trip-lease vehicle registration permit. (e) (d) Where a carrier has not previously qualified with the commission to operate in interstate or intrastate commerce in Georgia pursuant to this Code section and thus has not secured a registration permit pursuant to this Code section, the emergency, temporary, or trip-lease vehicle registration permit provided for above will also include the authority to operate in Georgia during the 15 day or less period covered by the emergency, temporary, or trip-lease vehicle registration permit, provided that the carrier has otherwise qualified its operations with the commission as provided for in this Code section; provided, however, that whenever any motor vehicle is operated on or over any public highway of this state without the motor carrier operating such vehicle first having obtained the annual registration and identification stamp or license or the emergency,

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temporary, or trip-lease vehicle registration permit provided for in this Code section, the motor carrier operating such vehicle shall be required to pay a fee of $25.00 for the late registration and identification of such vehicle.
{d} (e) Nothing in this Code section shall limit the authority of the Georgia Public Service Commission to negotiate reciprocal agreements relating to vehicle identification and registration fees in excess of those provided for under Title 49 USC, Section 302(b)(2), as provided in Code Section 46-7-91.
4e} (f) It shall not be necessary for any motor common carrier to obtain a certificate of public convenience from the Georgia Public Service Commission when such carrier is engaged solely in interstate commerce over the public highways of this state."
Section 6. Said title is further amended by striking in its entirety Code Section 46-7-22, which reads as follows:
"46-7-22. Motor common carriers shall keep records, upon forms prescribed by the commission, of all motor vehicles and trailers used during the current calendar quarter. On or before the tenth day of the month following each calendar quarter, motor common carriers shall file under oath with the commission, upon forms prescribed by the commission, summaries of their daily records which will show the capacity of their motor vehicles and trailers and the miles operated by each motor vehicle and trailer during the preceding quarter, together with such other information as the commission may require. Such summaries of daily records shall be filed and preserved by the commission for a period of at least two years."
Section 7. Said title is further amended by striking in its entirety Code Section 46-7-35, which reads as follows:
"46-7-35. (a) This article shall not apply to: (1) Motor vehicles engaged solely in transporting school children and teachers to
and from public schools; (2) Taxicabs, drays, trucks, buses, and other motor vehicles which operate within
the corporate limits or police limits of cities and are subject to regulation by the governing authorities of such cities or by the commission; and this exception shall apply to taxicabs and buses even though such vehicles may in the conducting of their regular business occasionally go beyond the corporate limits of such cities, provided that they do not operate to or from fixed termini outside of such limits;
(3) Motor vehicles operated exclusively within a radius not exceeding five miles from some railroad freight or passenger depot or station, when the operation of the same is by a common carrier which is under the jurisdiction of the Interstate Commerce Commission; or
(4) Motor vehicles commonly known as tow trucks or wreckers, designed and exclusively used in the business of towing abandoned, disabled, and wrecked vehicles or otherwise rendering assistance to abandoned, disabled, and wrecked vehicles, (b) Nothing contained in this article shall require the registration of any dray or truck which operates within the corporate limits of a city and is subject to regulation by the governing authority of such city or by the commission and which goes beyond such corporate limits only for the purpose of hauling chattels which have been seized under any court process."
Section 8. Said title is further amended by striking in its entirety Code Section 46-7-51, which reads as follows:
"46-7-51. As used in this article, the term: (1) 'Public highway' means every public street, road, highway, or thoroughfare of
any kind in this state. (2) 'Vehicle' or 'motor vehicle' includes a trailer; and each trailer shall be deemed
a separate vehicle."
Section 9. Said title is further amended by striking in their entirety subsections (f) and (g) of Code Section 46-7-53, relating to certificate of public convenience and necessity with respect to motor contract carriers, which subsections (f) and (g) read as follows:

MONDAY, FEBRUARY 24, 1986

1385

"(f) In determining whether such certificate of public convenience and necessity shall be granted, the commission, among other things, shall consider the following:
(1) Whether existing transportation service of all kinds is adequate to meet the reasonable public needs;
(2) The volume of existing traffic over such route, and whether such traffic and that reasonably to be anticipated in the future can support existing transportation agencies and also the applicant;
(3) Financial ability of the applicant to furnish adequate, continuous, and uninterrupted service for the year round;
(4) The effect, expense, and burden on the public highways, including bridges, and on the traffic, both private and common carrier, thereon; and
(5) The effect on existing transportation revenues and service of all kinds, and particularly whether the granting of such certificate will or may seriously impair essential existing public service, (g) Certificates of public convenience and necessity shall, unless sooner revoked under this article, expire at the end of seven years from the date of issuance thereof but may be renewed by the commission with or without hearing, in its discretion.", and inserting in lieu thereof new subsections (f) through (j) to read as follows: "(f) The commission shall issue a certificate of public convenience and necessity to a person authorizing transportation as a motor contract carrier subject to the jurisdiction of the commission if it finds that:
(1) The person is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with regulations of the commission. Fitness encompasses three factors:
(A) The applicant's financial ability to perform the service it seeks to provide; (B) The applicant's capability and willingness to perform properly and safely the proposed service; and (C) The applicant's willingness to comply with the laws of Georgia and the rules and regulations of the commission; and (2) Based on evidence presented by the applicant supporting the issuance of the certificate, that the service proposed will serve a useful public purpose and be responsive to a public demand or need. (g) The initial burden of making out a prima-facie case that an applicant's service is needed and that the applicant is fit to provide such service rests with the applicant, (h) Upon an applicant making out a prima-facie case as to the need for the service and the carrier's ability to provide the service, the burden shifts to protestant to show that the authority sought would not be consistent with the public convenience and necessity, (i) The commission shall not consider diversion of revenue or traffic from an existing motor carrier to be grounds for denial of an application,
(j) A protest of a motor carrier of property or of passengers to an application will not be considered unless the protesting carrier:
(1) Possesses authority from the commission to handle, in whole or in part, the commodity for which authority is applied and is willing and able to provide service that meets the reasonable needs of the shippers involved and has performed service within the scope of the application during the previous 12 month period or has actively in good faith solicited service within the scope of application during such period; or
(2) Has pending before the commission an application filed with the commission for substantially the same authority; or
(3) Is granted by the commission leave to intervene upon a showing of other interests which in the discretion of the commission would warrant such a grant."

Section 10. Said title is further amended by striking in their entirety subsections (a) and (b) of Code Section 46-7-60, relating to annual registration and licensing of vehicles operated under certificate, and inserting in lieu thereof new subsections (a) and (b) to read as follows:

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"(a) Every motor contract carrier shall, as soon as its certificate or permit is issued, and annually on or before each succeeding January 1, as long as the certificate or permit remains in force, or as to a vehicle put into use during the course of the year, before the vehicle is put into use, make application to the commission for registration and licensing of all motor vehicles to be operated under such certificate or permit, in such manner and form as the commission may by rule or regulation prescribe and, upon payment of a fee of $5.00 for each vehicle to the commission, shall be entitled to register the same and receive a license therefor.
(b) Motor carriers operating pursuant to a certificate or permit as provided for in this article may, in lieu of other vehicle registration provisions contained in this Code section, register vehicles operated as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the commission of a fee of $8.00 for each vehicle so registered. Upon such registration, the commission shall issue an emergency, temporary, or trip-lease vehicle registration permit."
Section 11. Said title is further amended by striking Code Section 46-7-61 in its entirety and inserting in lieu thereof a new Code Section 46-7-61 to read as follows:
"46-7-61. (a) Except as otherwise provided in subsection (b) of this Code section, before any motor contract carrier engaged solely in interstate commerce or any motor contract carrier engaged in exempt commodity intrastate commerce as provided for in subparagraph (C) of paragraph (12) of Code Section 46-1-1 shall operate any motor vehicle on or over any public highway of this state, it shall first:
(1) Secure a registration permit from the Georgia Public Service Commission by making application therefor on forms supplied by the commission and paying a $25.00 filing fee. Applications for registration shall show every certificate or permit authority issued to the applicant by the Interstate Commerce Commission with regard to the applicant's interstate operations in this state; or, in the case of motor contract carriers exempt from regulation by the Interstate Commerce Commission or the Public Service Commission, the application shall show the commodities or operations claimed to be exempt and the routes or area over which such carriers shall operate in this state. A carrier's registration shall be valid so long as there is no change in its operating authority with regard to its operations in this state, but the registration may be amended to reflect such changes by application to the commission on forms supplied by the commission and payment of a $5.00 filing fee;
(2) Except as otherwise provided for in subsection (b) of this Code section, obtain Obtain an annual registration and identification stamp for each of its motor vehicles operated on or over any public highway of this state. Each annual registration and identification stamp shall be valid for a 15 month period extending from November 1 of any year through January 31 of the next succeeding year and may be obtained from the Georgia Public Service Commission upon application on a form supplied by the commission and payment of a $5.00 registration and identification fee. Notwithstanding any other provision of this Code section, the Georgia Public Service Commission is authorized to impose a vehicle identification and registration fee equal to the identification and registration fee charged by any other state, up to a maximum of $25.00, upon vehicles licensed in that state if such state charges equipment licensed in Georgia a vehicle identification and registration fee in excess of $5.00; and
(3) Give the bond or indemnity insurance prescribed by this article, omitting the protection in respect to their own passengers and cargoes. (b) Motor carriers operating in intrastate commerce pursuant to a registration permit as provided for in this article shall obtain an annual registration and license for each vehicle to be operated under such permit, in such manner and form as the commission may by rule or regulation prescribe, and shall pay to the commission a fee of $5.00 for the registration of each vehicle and the issuance of a license to operate the same. (fe) (c) Motor contract carriers operating pursuant to a registration permit as provided for in this Code section may, in lieu of all other vehicle registration and identification provisions contained in subsection (a) of this Code section, register vehicles operated in Georgia as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the commission of a fee of $8.00 for each vehicle so

MONDAY, FEBRUARY 24, 1986

1387

registered; and, upon such payment, the commission shall issue an emergency, temporary, or trip-lease vehicle registration permit.
{e} (d) Where a carrier has not previously qualified with the commission to operate in interstate or intrastate commerce in Georgia pursuant to this Code section and then has not secured a registration permit pursuant to this Code section, the emergency, temporary, or trip-lease vehicle registration permit provided for in subsection fb) (c) of this Code section will also include the authority to operate in Georgia during the 15 day or less period covered by the emergency, temporary, or trip-lease vehicle registration permit, provided that the carrier has otherwise qualified its operations with the commission as provided for in this Code section; provided, however, that whenever any motor vehicle is operated on or over any public highway of this state without the motor contract carrier operating such vehicle first having obtained the annual registration and identification stamp or license or the emergency, temporary, or trip-lease vehicle registration permit provided for in this Code section, the motor contract carrier operating such vehicle shall be required to pay a fee of $25.00 for the late registration and identification of such vehicle.
{4} (e) Nothing in this Code section shall limit the authority of the Georgia Public Service Commission to negotiate reciprocal agreements relating to vehicle identification and registration fees in excess of those provided for under Title 49 USC, Section 302(b)(2), as provided in Code Section 46-7-91.
{} (f) Notwithstanding any other provision of law to the contrary, any motor contract carrier engaging solely in interstate commerce and transporting, either exclusively or otherwise, any of the commodities described in aubpnragraphg { ) and {F} of paragraph {?} divisions (12)(C)(x) and (12)(C)(xi) of Code Section 46-1-1, shall comply with the requirements of this Code section.
{f-> (g) It shall not be necessary for any motor contract carrier to obtain a certificate of public convenience from the Georgia Public Service Commission when such carrier is engaged solely in interstate commerce over the public highways of this state."
Section 12. Said title is further amended by striking in its entirety Code Section 46-7-66, relating to maintenance by motor contract carriers of records as to vehicle and trailer use, and inserting in lieu thereof a new Code Section 46-7-66 to read as follows:
"46-7-66. The commission shall have access to the accounts and records of holders of certificates under this article, which accounts and records shall be preserved for a period of three years. The accounts and records of every certificate holder shall be open to the inspection of the commission or its duly constituted agent during normal business hours. The commission shall have the power to cancel any certificate or permit previously issued to any contract carrier for failure to cooperate in providing the carrier's records necessary to prove to the satisfaction of the commission the contract carrier's intrastate operations or for failure to comply with the commission's rules and regulations; but no certificate issued by the commission under this article shall be revoked without notice and hearing to such motor carrier."
Section 13. Said title is further amended by adding between Code Sections 46-7-69 and 46-7-70 a new Code Section 46-7-69.1 to read as follows:
"46-7-69.1. The commission shall not limit the number of contracts entered into by a contract carrier, provided that each contract is individually or severally approved through the commission's existing application process."
Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 15. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Birdsong of the 104th, Watson of the 114th and Waldrep of the 80th move to amend the Committee Substitute to HB 1487 by striking the language beginning

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on line 25 of page 18 following the semicolon and continuing through the semicolon on line 31 of page 18, which language reads as follows:
"any dump truck or transit mixer vehicle used exclusively in the transportation of sand, gravel, crushed stone, rock fill dirt, borrow pit materials, plant mix road materials, plant mix concrete, or road base materials;".
By adding between lines 21 and 22 on page 20 the following:
"(xiv) Any dump truck or transit mixer vehicle used exclusively in the transportation of sand, gravel, crushed stone, fill dirt, borrow pit materials, plant mix road materials, plant mix concrete, or road base materials; except that any operator of such a vehicle is required to register the exempt operation with the commission, register and identify any of its vehicles, assess rates for transportation no lower than the minimum rates prescribed by the commission, and become subject to the commission's liability insurance and vehicle and hazardous materials safety rules."

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Adams,G
Y Adams.M Y Aiken Y Alford Y Alien N Anderson YArgo
Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefleld
Benn Y Birdsong
Bishop Bolster
Y Bostick N Branch YBray Y Brooks Y Brown.G YBuck Y Burruss NByrd Y Carter Y Chambless
Y Chance Y Cheeks
Y Childere

Y Childs
Y Clark,B N Clark,L
Colbert Y Coleman N Colwell Y Connell
Cooper
N Copelan Y Couch YCox N Crawford
Crosby N Cummings
Daugherty Y Davis
Dean Dixon Y Dobbs N Dover Y Dunn Y Edwards Y Felton Y Floyd Foster Y Galer Y Godbee Y Goodwin
N Greene Y Greer Y Groover Y Hamilton
Y Hanner Y Harris Y Hasty NHays

Y Heard YHill Y Holcomb
Y Holmes Y Hooks Y Home N Hudson Y Isakson N Jackson,,! 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 N Lawler
Lawrence N Lawson Y Lee,C YLee.W Y Under YLogan
NLong Lord Lucas
Y Lupton N Maddox Y Mangum Y Martin.C
Y Martin,J N Matthews
McDonald

Y McKelvey
McKinney N Milam N Milford N Moody N Moore Y Morton Y Mostiler N Moultrie Y Mueller Y Oliver.C
Y Padgett Y Pannell
N Parham N Parrish
Patten N Peters Y Pettit Y Phillips
Pinkston Y Porter Y Rainey Y Ramsey.T
Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P YRoss N Royal Y Russell Y Selman

Y Shepard Y Sherrod
Sinkfield N Sizemore Y Smith.L Y Smith,? N Smith.T YSmyre NSnow N Stancil Y Steinberg
Thomas.C
Y Thomas.M Thompson
Y Townsend Y Triplett N Twiggs Y Waddle N Waldrep
Walker.C Y WalkerJL
Y Wall Ware
Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Wilson
Y Wood Y Workman
Yeargin
Young Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 118, nays 33.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

MONDAY, FEBRUARY 24, 1986

1389

Representative Lawrence of the 49th stated that he had been called from the floor of the House during the preceding roll call. He wished to vote "aye" thereon.

Representative Thomas of the 69th stated that he had been called from the floor of the House during the preceding roll call. He wished to vote "aye" thereon.

Representative Dover of the llth gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1487, by substitute, as amended.

The Speaker announced the House in recess until 2:00 o'clock, this afternoon.

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JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 785. By Representatives Bailey of the 72nd, Holcomb of the 72nd, Lee of the 72nd, Johnson of the 72nd and Benefield 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.
HR 796. By Representatives Argo of the 68th, Logan of the 67th and Buck of the 95th: A resolution commending the University of Georgia cheerleaders and inviting them to appear before the House of Representatives.
The following Resolutions of the House were read and adopted:
HR 797. By Representatives Barnett of the 59th, Wilder of the 21st, Johnson of the 21st, Athon of the 57th, Bailey of the 72nd and others: A resolution commending Ken Zimmerman, president of the United States Jaycees.
HR 798. By Representatives Dover of the llth, Jamieson of the llth and Murphy of the 18th: A resolution recognizing and commending Walter Richard Acree.
HR 799. By Representatives Bailey of the 72nd, Thompson of the 20th, Hamilton of the 124th, Lee of the 72nd, Johnson of the 72nd and others: A resolution commending the Georgia County Welfare Association.
HR 800. By Representatives Bailey of the 72nd, Thompson of the 20th, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and others: A resolution commending the Georgia Federation of Women's Clubs.
HR 801. By Representatives Bailey of the 72nd, Thompson of the 20th, Hamilton of the 124th, Lee of the 72nd, Johnson of the 72nd and others: A resolution commending the Georgia Association of Educators.
HR 802. By Representatives Colwell of the 4th, Jackson of the 9th, Hays of the 1st, Twiggs of the 4th, Dover of the llth and others: A resolution recognizing and commending Ralph Emery.
HR 803. By Representatives Logan of the 67th, Argo of the 68th, Milford of the 13th and Clark of the 13th:

MONDAY, FEBRUARY 24, 1986

1391

A resolution recognizing and commending the Clarke County Fire Department.

HR 804. By Representatives Logan of the 67th and McDonald of the 12th: A resolution recognizing Mr. Ernest Brooks and Mrs. Hester Tanner Brooks.

HR 805. By Representatives Hooks of the 116th, Walker of the 115th and Edwards of the 112th:
A resolution recognizing and commending William Marcene Ellis.

HR 806. By Representative Shepard of the 71st: A resolution recognizing J. Milton Coggin.

HR 807. By Representative Greene of the 130th: A resolution expressing sorrow at the passing of William Madison Murrah.

HR 808. By Representatives Colwell of the 4th, Twiggs of the 4th, Dover of the llth, Watts of the 41st, Steinberg of the 46th and others:
A resolution relative to the appropriation and repayment of state funds for the construction of an apple cooler at the Georgia Farmers Market in Ellijay.

HR 809. By Representative McDonald of the 12th:
A resolution designating the week of October 12 through 18, 1986, as Temporary Help Services Week in Georgia.

HR 810. By Representative Greene of the 130th:
A resolution urging the State Board of Education to establish health improvement programs.

HR 811. By Representative Bargeron of the 108th:
A resolution relative to the bicentennial of the founding of the City of Louisville; providing for a ceremonial return of the General Assembly to the City of Louisville.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 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 Annotated, 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.

The following amendment was read:

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Representative Wilder of the 21st moves to amend HB 1530 by deleting from lines 1 through 3 of page 1 the following:
"To amend Code Section 21-5-5 of the Official Code of Georgia Annotated, relating to the filing of campaign financial disclosure reports, so as",
and inserting in its place the following:
"To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to public disclosure by candidates of campaign contributions and expenditures, so as".
By deleting from lines 8 and 9 of page 1 the following:
"to repeal conflicting laws; and for other purposes.",
and inserting in lieu thereof the following:
"to provide for definitions; to provide that amounts received by a candidate as contributions and proceeds from investment that are in excess of any amount necessary to defray such candidate's expenditures incurred in connection with a campaign and any other amount contributed to a person for the purpose of supporting such person's activities as a holder of any office which is subject to this chapter may only be used to defray any ordinary and necessary expenses incurred in connection with such candidate's or person's duties as a holder of any office subject to this chapter, as enumerated in Code Section 21-5-2; to provide that no such amounts may be converted by any such candidate or person to any personal use; to provide an effective date; to repeal conflicting laws; and for other purposes."
By deleting from lines 11 through 14 of page 1 the following:
"Section 1. Code Section 21-5-5 of the Official Code of Georgia Annotated, relating to the filing of campaign financial disclosure reports, is amended by striking subsection (i)",
and inserting in its place the following:
"Section 1. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to public disclosure by candidates of campaign contributions and expenditures, is amended by striking subsection (i) of Code Section 21-5-5, relating to the filing of campaign financial disclosure reports".
By deleting from lines 1 and 2 of page 2 the following:
"Section 2. All laws and parts of laws in conflict with this Act are repealed.",
and inserting in its place the following:
"Section 2. Said chapter is further amended by adding a new Code section immediately following Code Section 21-5-10.1, to be designated Code Section 21-5-10.2, to read as follows:
'21-5-10.2. (a) As used in this Code section, the term "personal use" means any use which directly benefits the candidate or any person holding an office subject to this chapter as an individual or directly benefits any member of such candidate's or person's family.
(b) Amounts received by a candidate as contributions and proceeds from investment that are in excess of any amount necessary to defray such candidate's expenditures incurred in connection with a campaign and any other amount contributed to a person for the purpose of supporting such person's activities as a holder of any office which is subject to this chapter may only be used to defray any ordinary and necessary expenses incurred in connection with such candidate's or person's duties as a holder of any office subject to this chapter, as enumerated in Code Section 21-5-2.

MONDAY, FEBRUARY 24, 1986

1393

No such amounts may be converted by any such candidate or person to any personal use.'
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed."

The following amendment was read and adopted:

Representative Isakson of the 21st moves to amend the Wilder amendment to HB 1530 as follows:
On line 25, page 2 and line 26, page 2, after the words "candidate" and "office" add the words "as a private citizen", and after the word "family" on line 28, page 2, add the words "as a private citizen".

On the adoption of the Wilder amendment, as amended, the roll call was ordered and the vote was as follows:

N Aaron Adams.G
N Adams.M Y Aiken N Alford Y Alien
N Anderson N Argo N Athon N Atkins YAuten N Bailey N Balkcom Y Bannister
N Bargeron Y Barnett,B
Y Barnett.M NBeck N Benefield
Benn N Birdsong N Bishop
Bolster Bostick N Branch NBray N Brooks N Brown.G NBuck Burruss
NByrd N Carter
N Chambless N Chance N Cheeks N Childers

N Childs N Clark.B N Clark.L Y Colbert
Coleman N Colwell
N Connell N Cooper N Copelan N Couch NCox N Crawford N Crosby N Cummings
Daugherty Y Davis NDean N Dixon Y Dobbs N Dover N Dunn
Edwards Y Felton N Floyd
Foster N Galer N Godbee Y Goodwin N Greene N Greer N Groover N Hamilton N Manner N Harris
Y Hasty NHays

Y Heard YHill N Holcomb
Y Holmes N Hooks
Home N Hudson Y Isakson N Jackson,J N 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 Lawler
Y Lawrence N Lawson NLee.C NLee.W Y Under N Logan NLong
Lord Lucas Lupton
N Maddox N Mangum N Martin.C N Martin.J
Matthews N McDonald

N McKelvey
N McKinney N Milam
N Milford N Moody N Moore Y Morton
N Mostiler N Moultrie Y Mueller
N Oliver.C N Padgett N Pannell N Parham N Parrish
Patten
N Peters N Pettit N Phillips
Pinkston
N Porter N Rainey N Ramsey.T Y Ramsey.V N Randall Y Ransom NRay N Reaves
N Redding N Richardson
Robinson.C Y Robinson,P NRoss
Royal Y Russell
N Selman

Y Shepard
N Sherrod N Sinkfield
N Sizemore N Smith,L N Smith.P N Smith.T N Smyre NSnow N Stancil N Steinberg N Thomas.C N Thomas.M Y Thompson
Townsend N Triplett N Twiggs Y Waddle
N Waldrep N Walker.C
N Walker.L Y Wall N Ware N Watson N Watts
White Y Wilder Y Williams.B N Williams,J N Williams.R Y Wilson N Wood N Workman N Yeargin
Young Murphy.Spkr

On the adoption of the Wilder amendment, as amended, the ayes were 33, nays 123. The amendment, as amended, was lost.

Representative Lupton of the 25th stated that he had been called from the floor of the House during the preceding roll call. He wished to vote "aye" thereon.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1394

JOURNAL OF THE HOUSE,

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 Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop
Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G Y Buck
Burruss Y Byrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers

Y Childs Y Clark.B Y Clark.L Y Colbert
Coleman Colwell Y Connell Y Cooper Y Copelan Y Couch YCox
Y Crawford Y Crosby Y Cummings
Daugherty Y Davis Y Dean Y Dixon Y Dobbs Y Dover Y Dunn
Edwards Y Felton Y Floyd
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 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
Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Under Y Logan YLong
Lord N Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin.J Y Matthews Y McDonald

Y McKelvey Y McKinney
Y Milam N 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
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 NRoss 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 YSnow Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Y Thompson
Townsend Y Triplet! 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 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 157, nays 3. The Bill, having received the requisite constitutional majority, was passed.

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.

The following amendment was read and adopted:

The Committee on Motor Vehicles moves to amend House Bill No. 1384 as follows: Page 2 - line 1
Add an "s" to the word "year" Remove the "comma" after 1988 and add the words "through 1989," Line 1 should then read: (c) "In calendar years 1988 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.

MONDAY, FEBRUARY 24, 1986

1395

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 Y Alien
Y Anderson Y Argo Y Athon Y Atkins
Auten Y Bailey
Balkcom Y Bannister Y Bargeron
Barnett.B Y Barnett.M YBeck
Y Benefield YBenn Y Birdsong Y 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
Coleman Y Colwell Y Connell Y Cooper Y Copelan
Y Couch Cox
Y Crawford Crosby
Y Cummings Daugherty
Y Davis
Dean Y Dixon
Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd
Foster Galer Y Godbee Y Goodwin Greene Y Greer Y Groover Y Hamilton Manner Y Harris
Hasty YHays

Y Heard YHill Y Holcomb Y Holmes Y Hooks
Home Y Hudson Y Isakson Y Jackson,J
Jackson.N Y Jamieson Y Johnson.D Y Johnson,F Y Johnson,R Y Johnson.S Y Kilgore
Y Kingston Y Lane.D Y Lane.R
Lawler Y Lawrence Y Lawson YLee.C Y Lee.W Y Under Y Logan YLong
Lord Y Lucas
Lupton Y 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 Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Porter Y Rainey Y Ramaey/T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves
Y Redding Y Richardson
Robinson.C Robinson,P YRoss Y Royal Y Russell Y Selman

Shepard
Y Sherrod Y Sinkfield Y Sizemore Y Smith.L
Smith.P
Smith.T Y Smyre YSnow Y Stancil
Steinberg Y Thomas.C Y 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
White Wilder Y Williams.B Y Williams,J Y Williams.R Y Wilson Y Wood Y Workman
Y Yeargin Young Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 144, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Wilder of the 21st stated that he had been called from the floor of the House during the preceding roll call. He wished to vote "aye" thereon.

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

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 Annotated, relating to the termination of the State Board of Nursing Home Administrators, 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 substitute was read:

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 certain definitions regarding to which persons the board's authority applies; to change the provisions relating to removal of members

1396

JOURNAL OF THE HOUSE,

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 reciprocity 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 effective 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, relating to nursing home administrators, is amended by striking paragraph (2) of Code Section 43-27-1, relating to definitions affecting nursing home administrators, and inserting in its place a new paragraph (2) to read as follows:
"(2) 'Nursing home' and 'personal eare home' have has the same meaning as prescribed by the Department of Human Resources in the rules and regulations for nursing and personal eare homes."
Section 2. Said chapter is further 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 eatise by the Governor as provided in Code Section 43-1-17. All vacancies shall be filled by the Governor for the unexpired terms in accordance with the requirements for appointment to the vacant position."
Section 3. Said chapter is further amended by striking Code Section 43-27-4, relating to the board's authority to determine qualifications of administrators, and inserting in its place a new Code Section 43-27-4 to read as follows:
"43-27-4. The board shall have sole and exclusive authority to determine the qualifications, skill, and fitness of any person to serve as an administrator of a nursing home er personal eate hee under this chapter; and the holder of a license under this chapter shall be deemed qualified to serve as the administrator of a nursing home er personal eare home."
Section 4. 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) he board \i) Uevctop, impose, &nct entofce srftndord8 which must DG met oy individuflis in
ordef to receive ft license fts 8 nursing homo &dmin19tp&tor, wnich stflrtdftpds sh&ii oft" designed te enste that nursing heme administrators wiH be individuals whe are ef ood ehflpfteteP dud ftre otherwise suitdole find who, Dy tpftinin^ or experience itt tne field ef institutional administration, are qualified te serve as nursing heme administra-
*OP9'J
{S)--Develop asd apply appropriate techniques, including examination and investigations, for determining whether a individual meets such standards;
{3) Issue licenses te individuals determined, after application ef such techniques,
ooflpd ttt flny c&se where tfte inuivictufti holding svicii license ts determined stiustfln tially te havefeHed te conform te the requirements ef saek standards;
{4) Establish and eany ewt procedures designed te ensure that individuals licensed fts nursing home fldministpfltors will, during sny period th&t they SCFVC fts such, comply with th requirements ef such standards;
W Receive, investigate, and take appropriate action with respect te; and including ttte pcvocfltion of ft license tt necessstpyj flny ch&p^e or compIQInt tiled with tne DourQ te the effect that any individual licensed as a nursing heme administrator has failed te comply with the requirements ef such standards;
^6) Conduct a continuing study ad investigation ef nursing hemes and adminiatraters ef nursing kernes within the state with a viewte ;the improvement ef 4he standards imposed for the licensing ef stieh administrators and- ef- procedures and methods

MONDAY, FEBRUARY 24, 1986

1397

for the enforcement ef- such standards with respect to administrators ef nursing homes who have been licensed as such; and
\ I) Adopt sucfi rules Qnd requisitions ts snftH i&e reftsonsDiy necesssry tor tne

home administrators and to prescribe rules and regulations requiring applicants for licenses fts nupsing nome fldittinistFflt/OFS to flit-end sucn progpflms OP courses fts ft prc-
iicenscd nursing nome fldministPfltofs to ftttend sucn ppopflins of courses ss ft pre~ requisite to 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 nursing home administrator;
(3) To initiate investigations for the purpose of discovering violations of this chapter;
(4) To initiate investigations for the purpose of discovery of violations of the rules, regulations, or statutes of the Department of Medical Assistance or the Department of Human Resources, provided that the board shall investigate those violations which result in the revocation, limitation, or restriction of participation of the nursing home in the medical assistance program or the license issued by the Department of Human Resources and make written findings as to the causes of the alleged violations;
(5) To conduct hearings upon charges into alleged violations of this chapter; (6) To prepare or approve all examinations for licensure as a nursing home administrator; (7) To develop, impose, and enforce standards which must be met by individuals in order to receive or maintain a license as a nursing home administrator; (8) To conduct a continuing study and investigation of nursing homes and administrators of nursing homes within the state for the purpose of improving the standards imposed for the licensing of such administrators; and (9) 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 prerequisite 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 prerequisite to their being issued any license renewal."
Section 5. 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 sound physical and mental health; Reserved; (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, provided 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 6. Said chapter is further amended by striking Code Section 43-27-7, relating to reciprocity, and inserting in its place a new Code section to read as follows:

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JOURNAL OF THE HOUSE,

"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 administrator 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;
(i) 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 state; and ;
\ cj---- i nflt such otiifcT 9iftt.c gives siwiilftp FCCHition find endorsemGrit tO' nursing hew administrator licenses ef- this state."
Section 7. 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, 4986 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 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

Representative Childers of the 15th moved that the House disagree to the Senate substitute to HB 1177.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's disagreeing to the House amendment to the Senate 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 Annotated, relating to the promulgation of certain rules and regulations of the Judicial Council, so as to require prior written notice of the intended adoption of such rules and regulations and provide for the invalidity of rules and regulations adopted without such notice and for proceedings relating thereto.

Representative Chambless of the 133rd moved that the House insist on its position in amending the Senate amendment to HB 1227 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 Chambless of the 133rd, Groover of the 99th and Thomas of the 69th.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

MONDAY, FEBRUARY 24, 1986

1399

HB 1158. By Representative Parham of the 105th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change definitions; to change the listing of certain controlled substances and dangerous drugs.

The following Senate amendment was read:

Amend HB 1158 by adding after the first semicolon on line 5 of page 1 the following:
"to amend Chapter 3 of Title 26 of the Official Code of Georgia Annotated, the 'Georgia Drug and Cosmetic Act,' so as to provide for the cumulative effect of said chapter with respect to certain federal regulations relating to practices involving drugs; to provide for related matters;".
By renumbering Sections 8 and 9 as Sections 9 and 10, respectively, and by adding after Section 7 a new Section 8 to read as follows:
"Section 8. Chapter 3 of Title 26 of the Official Code of Georgia Annotated, the 'Georgia Drug and Cosmetic Act,' is amended by striking subsection (a) of Code Section 26-3-22, relating to the cumulative effect of said chapter with respect to other laws, and inserting in its place a new subsection (a) to read as follows:
'(a) This chapter shall be cumulative and supplemental to any and all existing laws relating to the subject matter of drugs. Specifically, nothing contained in this chapter shall be so construed as to relieve any person, firm, or corporation from complying with any requirements as prescribed by Part 6 of Article 2 of Chapter 4 of this title, Article 3 of Chapter 13 of Title 16, the "Dangerous Drug Act," er Article 2 of Chapter 13 of Title 16, the "Georgia Controlled Substances Act," or Title 21 C.F.R. 210, the federal "current good manufacturing practices in manufacturing, processing, packing, or holding of drugs: general." ' "

Representative Parham of the 105th moved that the House agree to the Senate amendment to HB 1158.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Adams.G
Y Adams,M Y Aiken Y Alford
Alien Y Anderaon YArgo YAthon Y Atkins Y Auten Y Bailey
Balkcom Y Bannister Y Bargeron
Barnett.B Barnett,M
YBeck Y Benefield
YBenn Y Birdsong Y Bishop
Bolster Y Bostick Y Branch YBray
Brooks
Y Brown.G Buck
Y Burruss

Byrd Y Carter Y Chambless
Chance Y Cheeks Y Childers
Y Childs Y Clark,B Y Clark.L
Colbert Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings
Daugherty Oavis YDean Y Dixon
Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd

Foster
YGaler Y Godbee YGoodwin 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
Isakson
Y Jackson,J Jackson.N
Y Jamieson Y Johnson,D Y Johnson.F Y Johnson,R Y Johnson,S Y Kilgore
Kingston Y Lane.D

Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee,C
YLee.W Y Linder Y Logan YLong
Lord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,.!
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 Y Ransom
Ray Reaves 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,?

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JOURNAL OF THE HOUSE,

Y Smith.T Y Smyre YSnow Y Stancil Y Steinberg
Thomas,C

Y Thomas.M
Y Thompson Townsend
Y Triplet! Y Twiggs Y Waddle

Y Waldrep Walker.C
Y Walker.L YWall
Ware
Y Watson

Watts White Wilder Y Williams.B Y Williams,J Y Williams.R

Y Wilson Y Wood Y Workman Y Yeargin
Young Murphy,Spkr

On the motion, the ayes were 140, nays 0. The motion prevailed.

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

SB 370. By Senator Peevy of the 48th:
A bill to amend Code Section 15-7-24 of the Official Code of Georgia Annotated, relating to solicitors, so as to authorize certain changes in the qualifications of such office by local law.

Representative Lawson of the 9th moved that the House agree to the Senate amendment to the House substitute to SB 370.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Adams.G
Y Adams.M Y Aiken Y Alford Y Alien Y Anderson Y Argo
Athon Y Atkins Y Auten Y Bailey
Balkcom N Bannister
Y Bargeron Barnett.B
Y Barnett.M YBeck
Y Benefield YBenn Y Birdsong
Bishop Bolster Y Bostick Y Branch YBray Brooks Y Brown.G Buck Y Burruss
Byrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers

Childs Clark.B Y Clark,L Colbert Y Coleman
Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCox
Y Crawford Y Crosby Y Cummings
Daugherty N Davis
Dean Y Dixon
Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd
Foster Y Galer Y Godbee N 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
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
Linder
Y Logan YLong
Lord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews
McDonald

On the motion, the ayes were 129, nays 4. The motion prevailed.

Y McKelvey Y McKinney Y Milam
Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie
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
Randall Y Ransom
Ray Reaves Redding
Y Richardson Robinson.C
Y Robinson.P YRoss Y Royal Y Russell Y Selman

Shepard Y Sherrod
Sinkfield Y Sizemore
Smith.L
Y Smith.P Smith.T Smyre
YSnow Y 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 N Wall
Ware Watson Watts White Wilder Y Williams.B Y Williams,J
Y Williams.R Y Wilson Y Wood
Workman Y Yeargin
Young Murphy.Spkr

The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendment thereto:

MONDAY, FEBRUARY 24, 1986

1401

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 Annotated, 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.

The following Senate substitute was read:

A BILL
To amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to change certain qualifications for licensure as a salesperson; to change certain educational requirements; to change the time for renewal of licenses; to change certain conditions for the granting of a license; to provide for the revocation of licenses; to provide for hearings; to provide for notification to the commission upon a broker changing the address of the broker's place of business; to change certain requirements for trust or escrow accounts; to change certain violations; to provide that it shall be lawful for licensees to complete listing or sales contracts or leases which have been prepared by legal counsel; to provide for exceptions; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 1
Section 1. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by striking subsections (a) through (c) of Code Section 43-40-8, relating to the qualifications of licensees, in its entirety and inserting in lieu thereof new subsections (a) through (c) to read as follows:
"(a) In order to qualify for a salesperson's license an applicant must: (1) Have attained the age of 18 years; (2) Be a resident of the State of Georgia, unless that person has fully complied
with the provisions of Code Section 43-40-9; (3) Be a high school graduate or the holder of a certificate of equivalency; (4) Furnish evidence of completion of at least 60 in-class hours in a salesperson's
course or courses of study approved by the commission; and (5) Stand and pass a real estate examination administered by or approved by the
commission covering generally the matters confronting real estate brokers and salespersons after completing at least 30 hours of the requirements of paragraph (4) of this subsection. Failure to meet any of these requirements shall be grounds for denial of license without a hearing, (b) In order to qualify for a broker or associate broker's license, an applicant must:
(1) Have attained the age of 21 years; (2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9; (3) Be a high school graduate or the holder of a certificate of equivalency; (4) Have served actively for three years as a licensed salesperson; (5) Furnish evidence of completion of 60 in-class hours in a broker's course of study approved by the commission; and (6) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers and salespersons after completing the requirements of paragraph (5) of this subsection and after serving at least two years of active licensure. Failure to meet any of the requirements shall be grounds for denial of license without a hearing.

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JOURNAL OF THE HOUSE,

(c) Upon being issued an original salesperson's license, each salesperson shall be required to furnish the commission, within one year of the issuance of a license, evidence of satisfactory completion of a course of study of at least 30 in-class hours approved by the commission. As a part of satisfactory completion of this course, the licensee must stand and pass an examination covering the subject matter contained in the course. The commission in its discretion may approve an examination prepared by and administered by the school offering the course or may prepare and administer an examination itself. The license of any salesperson who fails to complete satisfactorily in a timely manner the course provided for in this subsection shall lapse, and the salesperson's wall certificate of licensure and pocket card shall immediately be surrendered to the commission. Any salesperson whose license lapses for failure to complete satisfactorily this course may reinstate the license in the following manner:
(1) Any salesperson who has enrolled in the course within one year of the issuance of an original license, has paid all required fees for the course, and:
(A) Has not completed all in-class sessions or required exercises or examinations; (B) Produces a medical doctor's certification of incapacitation which caused the licensee to be unable to complete all in-class sessions and the examination; or (C) Has not completed the course or the examination due to cancellation of the course by the approved school may reinstate the license by completing the course within six months of the lapsing of the license. (2) Any salesperson who fails to reinstate a lapsed license as provided in paragraph (1) of this subsection must qualify as an original applicant by passing a new examination as required in subsection (a) of this Code section."
Part 2
Section 2. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by striking subsections (c) through (g) of Code Section 43-40-8, relating to qualifications of licensees, in their entirety and inserting in lieu thereof new subsections (c) through (h) to read as follows:
"(c) Upon being issued an original salesperson's license, each salesperson shall be required to furnish the commission, within two yeara one year of the issuance of a license, evidence of satisfactory completion of a course of study not to exceed 80 in-class hours approved by the commission. At least featf ef these required hours shaH be compicicQ within one yesr trom the ctfltc ot issu&nce 01 che license QHQ SQiisi &ctory prooi thereof toFwflpded %o the coinwiisston oy the licensee within one yeftr from the rtte or
(d) Except those persons actively licensed on January 1, 1980, each applicant for renewal of a license must furnish to the commission evidence of having attended satisfactorily completing a continuing education course or courses not to exceed six hours of in-class study every two years in a course or courses approved by the commission. This requirement of continuing education must be met for each renewal period. The commission shall not require the passing of an examination to meet this requirement. T-he in-class atudy course Continuing education courses will be provided by all educational or duly authorized instructional organizations teaching real estate licensing courses. No licensee whose license has been placed on inactive status shall be allowed to reactivate unless the provisions of this subsection and subsection (g) of Code Section 43-40-12 are met.
(e) Instructors in all of the approved courses must be approved by the commission and, where the commission deems necessary, receive any special instruction the commission may require.
(f) Failure to complete any of the educational requirements as provided in this Code section shall be grounds for denial of a license or denial of renewal of a license without further hearing. No fees or portion of fees paid shall be refunded if a licensee fails to meet the continuing education provisions of this chapter.
(g) The commission may prepare and distribute to licensees under this chapter educational material deemed of assistance in the conduct of their business.

MONDAY, FEBRUARY 24, 1986

1403

(h) The commission, through its rules and regulations, shall establish standards for the offering by correspondence of all or any portion of the education courses required by this Code section."
Section 3. Said chapter is further amended by striking subsections (c), (d), (h), (1), and (m) of Code Section 43-40-12, relating to license fees, and inserting in their respective places new subsections (c), (d), (h), (1), and (m) to read as follows:
"(c) Prior to the issuance of an original license, each applicant who has passed the examination required by Code Section 43-40-8 and each corporation and partnership shall pay an activation fee in advance. A41 licenses shall be issued biennially and shall ee renewed as of January T of eacn even "numbered year. Alter trie issuance of" tnc iirst license to an applicant, sucn license snail cover tnc remaining period of tnc Dienmum.
numbered year." \Q) i FIG Diennifll license rcttcwfll lees sccorci'tn^j to tfiis cnflptcf snflil DG due duo
payable as follows: application awl fees for licensees shall fee fHed en or before Scptcmber 4 prior to the expiration of said license at midnight en December tH ef-the licensing oiennidl period. A license fee tor lor renews.! msy ije tiled fitter oeptemoer ~t uy psying a krte renewal fee OB or before December 34 ef the biennial licensing period. All licenses shall be renewed periodically as determined by the commission in its rules and regulations, and the commission shall charge a fee for any such license renewed. The time for renewal of a license and the number of years for which it may be renewed shall be in the discretion of the commission. All fees shall be deposited into the state treasury for the expenses of the commission. This Code section shall not obviate any other fees or conditions required to maintain such license in accordance with this chapter. A license not renewed in accordance with this subsection shall be viewed as lapsed."
"(h) Any licensee who places a license on inactive status after June 30, 1985, shall be required to pay the biennial license renewal fee provided for in subsection (d) of this Code section. Whenever any licensee on inactive status fails to pay the required biennial renewal fees, the licensee's license shall be lapsed. Licensees whose licenses were placed on inactive status prior to July 1, 1985, shall remain subject to the conditions for reactivating their licenses which were in effect at the time they placed their licenses on inactive status. However, any license placed on inactive status prior to July 1, 1985, which has been or will be on inactive status for a period of five years or longer shall be lapsed, provided that, if such licensee seeks reinstatement within ten years of placing a license on inactive status, the licensee shall be allowed to reinstate the license under the terms the law permitted at the time the license was placed on inactive status. If a licensee on inactive status changes address, the licensee shall notify the commission of the new address, in writing, within 14 days."
"(1) Any school approved to offer required education courses under this chapter and instructors approved to teach those courses shall pay the same original application fee and biennial renewal fee established by the commission for broker applicants and licensees. If such approvals lapse, the school or instructor may reinstate the approval by paying the total amount of all renewal fees and late charges which would have been due during the period the approval was lapsed plus a reactivation fee and by successfully completing any educational course or courses which the commission may require."
"(m) A reasonable fee, not to exceed the biennial renewal fee charged broker licensees, may be imposed by the commission on a licensee who:
(1) Fails to notify the commission in writing within 14 days of a change of address, of the opening or closing of a designated trust account, of transferring to a new company, or of leaving a firm to go on inactive status;
(2) Fails to affiliate with a new company or to apply to go on inactive status within 14 days of the commission's receipt of notice that the broker holding the licensee's license no longer wishes to do so and has mailed a letter to the licensee's last known address indicating that the broker is returning the license to the commission; and
(3) Fails to respond within 14 days to a written inquiry from the commission requesting further information on any application the licensee has filed with the commission."

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JOURNAL OF THE HOUSE,

Section 4. Said chapter is further amended by striking subsection (b) of Code Section 43-40-15, relating to the granting and revocation of real estate licenses generally, in its entirety and inserting in lieu thereof a new subsection (b) of Code Section 43-40-15 to read as follows:
"(b) Where an applicant for a salesperson's license has been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny theft, extortion, conspiracy to defraud, or other like offense or offenses or has been convicted of a felony or a crime involving moral turpitude and has been convicted thereof in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country, such untrustworthiness of the applicant and the conviction in itself may be a sufficient ground for refusal of a license. An applicant for licensure as an associate broker or a broker who has been convicted of any offense enumerated in this subsection may be licensed by the commission as an associate broker or a broker only ift
(1) At least ten years have passed since the applicant was convicted or released from any incarceration, whichever is later;
(2) No criminal charges are pending against the applicant; and (3) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public."
Section 5. Said chapter is further amended by striking subsection (g) of Code Section 43-40-15, relating to the granting and revocation of licenses generally, and inserting a new subsection (g) to read as follows:
"(g) Where an applicant for a salesperson's, associate broker's, or broker's license has been sanctioned by the commission or by a similar commission of any other state or foreign country, such sanction in itself may be a sufficient ground for refusal of a license. An applicant for licensure as an associate broker or a broker who has had a license revoked by any occupational licensing body of this state, any other state, or any foreign country may be licensed by the commission as an associate broker or a broker only ift
(1) At least ten years have passed since the date that the applicant's occupational license was revoked;
(2) No criminal charges are pending against the applicant at the time of application; and
(3) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public."
Section 6. Said chapter is further amended by adding at the end of Code Section 43-40-15, relating to the granting and revocation of real estate licenses generally, a new subsection (h) to read as follows:
"(h) Whenever any licensee is convicted of any offense enumerated in subsection (b) of this Code section, the licensee must immediately notify the commission of that conviction. The licensee's license shall automatically be revoked 60 days after the licensee's conviction unless the licensee makes a written request to the commission for a hearing during that 60 day period. Following any such hearing held pursuant to this subsection, the commission in its discretion may impose upon that licensee any sanction permitted by this chapter."
Section 7. Said chapter is further amended by striking subsection (a) of Code Section 43-40-19, relating to a change of the place of business of a broker, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Should a broker change the address of the broker's place of business, the broker shall notify the commission, in writing, within ten 14 days of such change."
Section 8. Said chapter is further amended by striking subsection (c) of Code Section 43-40-20, relating to required trust or escrow accounts for real estate business, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:

MONDAY, FEBRUARY 24, 1986

1405

"(c) Each broker shall authorize the commission to examine such trust account by a duly authorized representative of the commission. Such examination may be made annually biennially or at such time as the commission may direct upon reasonable cause. The commission, in its discretion, may accept a certified written report from a certified public accountant that the broker's trust account or accounts are maintained in accordance with the provisions of this chapter and its attendant rules and regulations in lieu of an examination by a duly authorized representative of the commission."
Section 9. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 43-40-25, relating to violations, in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Refusing, because of race, color, sex, religion, or national origin; or ethnic group, to show, sell, or rent any real estate for sale or rent to prospective purchasers or renters;".
Section 10. Said chapter is further amended by striking paragraph (6) of subsection (a) of Code Section 43-40-25, relating to violations, in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) Accepting, giving, or charging any undisclosed commission, rebate, or direct profit; or on expenditures made for a principal;".
Section 11. Said chapter is further amended by striking paragraph (16) of subsection (a) of Code Section 43-40-25, relating to violations, which reads as follows:
"(16) Soliciting, selling, or offering real estate for sale by offering free lots or conducting lotteries for the purpose of influencing a purchaser or prospective purchaser of real estate;", and inserting in lieu thereof the following:
"(16) Reserved;".
Section 12. Said chapter is further amended by striking paragraphs (28) through (31) of subsection (a) of Code Section 43-40-25, relating to violations, in their entirety and inserting in lieu thereof the following:
"(28) Being or becoming a party to any falsification of any portion of any contract or other document involved in any real estate transaction; or
(29) Conducting the closing of any real estate transaction by any licensee except a broker unless the licensee acts under the supervision of the broker under whom such licensee is licensed or under the supervision of a practicing attorney with the knowledge and consent of the brokerf.
^oU^ JP allure or tt licensee wno prepares any written otter to buy, sell, lease, rent, fw cxcn&nge real property to include ttt any sucn written otter or accepted written otter d description ef the property involved er a method ef payment;

the date ef acceptance ef said offer."
Section 13. Said chapter is further amended by adding immediately following Code Section 43-40-25, relating to violations, a new Code Section 43-40-25.1 to read as follows:
"43-40-25.1. It shall be lawful for licensees to complete listing or sales contracts or leases whose form has been prepared by legal counsel and such conduct shall not constitute the unauthorized practice of law. In completing a lease or a written offer to buy, sell, lease, rent, or exchange real property, a licensee shall include a description of the property involved, a method of payment, any special stipulations or addenda the offer requires, and, upon acceptance by the offeree, the date of such acceptance."
Section 14. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 43-40-29, relating to exceptions, and inserting in lieu thereof a new paragraph (1) of subsection (a) to read as follows:
"(1) Any person who, as owner, as the spouse of an owner, as general partner of a limited partnership, as lessor, or as prospective purchaser or their regular employees er

1406

JOURNAL OF THE HOUSE,

apousea, performs any act with reference to property owned, leased, or to be acquired by such owner, limited partnership, lessor, or prospective purchaser where such acts are performed in the regular course of, or as incident to, the management of such property and the investment therein or any person who manages residential apartment complexes under a contract approved by any federal agency;".
Section 15. Said chapter is further amended by striking subsection (b) of Code Section 43-40-29, relating to exceptions, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The exceptions provided by subsection (a) of this Code section shall not apply to any person, other than an individual owner or individuals who are full-time employees of the owner, who performs the acts of a broker on property required to be registered under Article 1, 2, or 5 of Chapter 3 of Title 44."
Part 3
Section 16. (a) Part 1 of this Act shall become effective on January 1, 1987. (b) Except as provided in subsection (c) of this section, Part 2 of this Act shall become effective on July 1, 1986. (c) Sections 14 and 15 of Part 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 17. All laws and parts of laws in conflict with this Act are repealed.

Representative Byrd of the 153rd moved that the House agree to the Senate substitute to HB 1545.
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 Anderaon Y Argo
Athon Y Atkins Y Auten
Y Bailey Balkcom
Y Bannister Y Bargeron
Barnett.B
Y Barnett.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
Clark.L Colbert
Y Coleman Y Colwell Y Connell
Cooper Y Copelan Y Couch YCox
Crawford Y Crosby Y Cummings
Daugherty Y Davis YDean Y Dixon
Dobbs Y Dover
YDunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin
Y Greene Y Greer
Y Groover Y Hamilton Y Banner 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 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 YLong
Lord Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews
Y McDonald

On the motion, the ayes were 136, nays 2.

Y McKelvey McKinney
Y Milam
Milford Y Moody Y Moore Y Mortpn
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
Randall Y Ransom
Ray Y Reaves Y Redding Y Richardson
Robinson.C-
Robinson.P YRoss Y Royal Y Russell Y Selman

Shepard Y Sherrod
N Sinkfield Y Sizemore
Smith.L Y Smith.P Y Smith.T
Smyre YSnow
Y Stancil Y Steinberg
Thomas.C N Thomas.M Y Thompson
Townsend Y Triplett YTwiggs Y Waddle Y Waldrep
Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Wilder
Y Williams,B Y Williams,J Y Williams.R
Wilson Y Wood
Workman Y Yeargin
Young Murphy,Spkr

MONDAY, FEBRUARY 24, 1986

1407

The motion prevailed.

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.

The following Senate amendment was read:

Amend HB 1464 by striking lines 4 through 8 on page 2 in their entirety and substituting in lieu thereof the following:
"(C) The Georgia Higher Education Assistance Corporation with respect to the collection of debts arising under Part 2 of Article 7 of Chapter 3 of Title 20; and
(D) The State Medical Education Board with respect to the collection of debts arising under Part 6 of Article 7 of Chapter 3 of Title 20."'

Representative Wilson of the 20th moved that the House agree to the Senate amendment to HB 1464.
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 Y Argo
Athon Y Atkins Y Auten Y Bailey
Balkcom Y Bannister Y Bargeron
Y Barnett.B Y Barnett,M YBeck Y Benefield
Benn Birdsong Bishop Bolster Y Bostick 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
Colbert Y Coleman Y Colwell
Y Connell Y Cooper
Copelan Couch YCox Crawford Y Crosby Y Cummings Daugherty Y Davis
Dean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards
Felton
Y Ployd Foster
Y Galer Godbee
Y Goodwin 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
Lane.R Y Lawler Y Lawrence Y Lawson
YLee.C Y Lee,W Y Linder YLogan YLong
Lord Y Lucas
Y Lupton Y Maddox Y Mangum
Y Martin.C Y Martin,.! Y Matthews Y McDonald

On the motion, the ayes were 144, nays 0. The motion prevailed.

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 Y Pinkston
Y Porter Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom
Ray Y Reaves
Y Redding Y Richardson
Robinson ,C Y Robinson.P
YRoss Y Royal Y Russell
Y Selman

Shepard Y Sherrod Y Sinkfield Y Sizemore
Smith.L
Y Smith.P Y Smith.T YSmyre YSnow 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 Y Wall
YWare Y Watson
Y Watts White
Y Wilder Y William8,B Y Williams,J Y Williams,R Y Wilson Y Wood
Workman Y Yeargin
Young Murphy,Spkr

1408

JOURNAL OF THE HOUSE,

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

SB 77. By Senator Barnes of the 33rd:
A bill to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to change the nature of relevant and competent evidence in libel actions; to provide that evidence of a plaintiffs request for retraction shall be relevant and competent if the request is made in writing at least 14 days prior to the filing of the action.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 77

The Committee of Conference on SB 77 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 77 be adopted.

Respectfully submitted,

FOR THE SENATE: 1st Roy E. Barnes
Senator, 33rd District
/s/ Paul C. Broun Senator, 46th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Frank S- Horne' JrRepresentative, 103rd District
/&/ ^ ArgQ Representative, 68th District

/s/ Richard L. Greene Senator, 26th District

/s/ Rudolph Johnson Representative, 72nd District

COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 77

A BILL
To amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to change the nature of relevant and competent evidence in libel actions; to provide that evidence of a plaintiffs request for retraction shall be relevant and competent if the request is made in writing at least seven days prior to the filing of the action; to provide that evidence of a plaintiffs failure to request retraction in this manner shall also be relevant and competent; to provide that the defendant may allege and give proof that a retraction was published within seven days after receipt of such a demand or was published in the next regular publication if no regular publication was made within such seven-day period; to provide for other matters related to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, is amended by striking Code Section 51-5-11, relating to admissibility of evidence and damages in libel actions, arid inserting in its place a new Code section to read as follows:
"51-5-11. (a) In any civil action for libel which charges the publication of an erroneous statement alleged to be libelous, it shall be relevant and competent evidence for either party to prove that the plaintiff requested retraction in writing at least seven days prior to the filing of the action or omitted to request retraction in this manner.

MONDAY, FEBRUARY 24, 1986

1409

(b) In any such action, the defendant may allege and give proof of the following matters, as applicable:
(1) (A) That the matter alleged to have been published and to be libelous was published without malice;
(B) That the defendant, in a regular issue of the newspaper or other publication in question, within thfee seven days after receiving written demand, or in the next regular issue of the newspaper or other publication following receipt of the demand if the next regular issue was not published within three seven days after receiving the demand, corrected and retracted the allegedly libelous statement in as conspicuous and public a manner as that in which the alleged libelous statement was published; and
(C) That, if the plaintiff so requested, the retraction and correction were accompanied, in the same issue, by an editorial in which the allegedly libelous statement was specifically repudiated; or (2) That no request for correction and retraction was made in writing by the plaintiff. (c) Upon proof of the facts specified in paragraph (1) or (2) of subsection (b) of this Code section, the plaintiff shall not be entitled to any punitive damages and the defendant shall be liable only to pay actual damages. The defendant may plead the publication of the correction, retraction, or explanation, including the editorial, if demanded, in mitigation of damages."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Lee of the 72nd moved that the House agree to the report of the Committee of Conference on SB 77.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Adams.G Y Adams.M
Aiken Y Alford N Alien
Y Anderson YArgo
Athon Y Atkins
Auten Y Bailey Y Balkcom N Bannister Y Bargeron N Barnett.B
N Barnett.M YBeck Y Benefield NBenn Y Birdsong N Bishop
Bolster Bostick
Y Branch YBray
Brooks N Brown.G NBuck
Burruss NByrd
N Carter Y Chambless Y Chance N Cheeks Y Childere

Childs N Clark,B N Clark.L Y Colbert Y Coleman Y Colwell Y Connell
Cooper N Copelan Y Couch NCox Y Crawford Y Crosby Y Cummings
Daugherty Y Davis NDean Y Dixon Y Dobbs
Dover N Dunn Y Edwards Y Felton Y Floyd
Y Foster Y Galer
YGodbee Y Goodwin
Greene Y Greer Y Groover
N Hamilton Manner
Y Harris Y Hasty YHays

Y Heard NHill
Y Holcomb N Holmes Y Hooks Y Home Y Hudson YIsakson N Jackson,J N Jackson.N Y Jamieson N Johnson.D
Y Johnson,F Y Johnson,R Y Johnson.S Y Kilgore
Y Kingston NLane.D
Y Lane,R Y Lawler
Y Lawrence N Lawson Y Lee.C Y Lee.W Y Linder YLogan YLong
Lord
N Lucas Lupton
Y Maddox Y Mangum N Martin.C Y Martin,J
Matthews Y McDonald

On the motion, the ayes were 111, nays 41.

Y McKelvey N McKinney
Milam N 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
Randall Y Ransom
YRay Y Reaves N Redding Y Richardson
Robinson.C Y Robinson,? YRoss Y Royal Y Russell Y Selman

Y Shepard N Sherrod N Sinkfield Y Sizemore N Smith,L Y Smith,P
Y Smith,T NSmyre YSnow Y Stancil Y Steinberg
Y Thomas,C Y Thomas,M N Thompson
Townsend Y Triplett YTwiggs Y Waddle Y Waldrep N Walker.C Y Walker,L N Wall YWare
Watson Y Watts
White Y Wilder
Y Williams,B N Williams,,; Y Williams.R N Wilson
N Wood Workman
N Yeargin Young Murphy,Spkr

1410

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 were taken up for consideration and read the third time:

HR 662. By Representatives Martin of the 60th, Lee of the 72nd, Wood of the 9th, Russell of the 64th, Barnett of the 59th and others:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that no public authority which is authorized to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relating to any such authority be amended unless the creation of such authority or the amendment of such law is conditioned upon the approval of a majority of the qualified voters of the county or municipal corporation affected voting in a referendum thereon; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article III, Section VI, Paragraph V of the Constitution is amended by adding at the end thereof a new subparagraph (e) to read as follows:
"(e) No public authority which is authorized to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relating to any such authority be amended unless the creation of such authority or the amendment of such law is conditioned upon the approval of a majority of the qualified voters of the county or municipal corporation affected voting in a referendum thereon. This subparagraph shall not apply to or affect any authority created or authorized to construct, improve, or maintain federal or state highways or toll roads constructed without the use of county or municipal taxation."

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 no public authority which is authorized to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relating to any such authority be amended unless the creation of such authority or the amendment of such law is conditioned upon the approval of a majority of the qualified voters of the county or municipal corporation affected voting in a referendum thereon?"

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.

MONDAY, FEBRUARY 24, 1986

1411

The following substitute, offered by Representative Martin of the 60th, was read and adopted:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that no municipal or county authority which is authorized to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relating to any such authority be amended unless the creation of such authority or the amendment of such law is conditioned upon the approval of a majority of the qualified voters of the county or municipal corporation affected voting in a referendum thereon; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article III, Section VI, Paragraph V of the Constitution is amended by adding at the end thereof a new subparagraph (e) to read as follows:
"(e) No municipal or county authority which is authorized to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relating to any such authority be amended unless the creation of such authority or the amendment of such law is conditioned upon the approval of a majority of the qualified voters of the county or municipal corporation affected voting in a referendum thereon. This subparagraph shall not apply to or affect any state authority."

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 no municipal or county authority which is authorized to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relating to any such authority be amended unless the creation of such authority or the amendment of such law is conditioned upon the approval of a majority of the qualified voters of the county or municipal corporation affected voting in a referendum thereon?"

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, by substitute.
On the adoption of the Resolution, by substitute, 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 Y Argo
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 Y Bishop
Bolster Y Bostick Y Branch

1412

JOURNAL OF THE HOUSE,

Bray Brooks Y Brown.G Y Buck Y Burruss Y Byrd 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 Y Couch Y Cox Y Crawford Y Crosby Y Cummings
Daugherty Y Davis Y Dean Y Dixon 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 Y Hamilton Y Manner Y Harris Y Hasty Y Hays Y Heard
Y Hill Y Hokomb Y Holmes Y Hooks
Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson.D Y Johnson,F Y Johnson,R
.Johnson,S

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 Y Long
Lord Y Lucas Y Lupton Y 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 Y Pannel! 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 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 Snow Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Y Thompson
Townsend Y Triplet! Y Twiggs
Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Watson Y Watts White Wilder Y Williams.B Y Williams,J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy.Spkr

On the adoption of the Resolution, by substitute, the ayes were 150, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute.

HB 1757. By Representatives Redding of the 50th, Robinson of the 58th, Richardson of the 52nd, Childs of the 53rd, Dean of the 29th and others:
A bill to amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to the composition of county boards of health, so as to change the provisions relating to the chief executive officer of the largest municipality of a county being a member of a county board of health; to authorize the adoption of certain county ordinances when the legal situs of the largest municipality lies within an adjoining county.

The following amendment was read:

Representative Ramsey of the 155th moves to amend HB 1757 by adding on line 9 of page 1 after the following:
"foregoing;",
the following:
"to amend Code Section 31-3-15 of the Official Code of Georgia Annotated, relating to establishment of health districts, so as to change the manner of discharging directors of those health districts; to provide for construction;".
By adding between lines 29 and 30 of page 2 the following:
"Section 2. Code Section 31-3-15 of the Official Code of Georgia Annotated, relating to establishment of health districts, is amended by striking that Code section and inserting in its place a new Code section to read as follows:
'31-3-15. (a) The department is authorized, with the consent of the boards of health and the county authorities of the counties involved, to establish health districts comprised of one or more counties. The county boards of health of the constituent

MONDAY, FEBRUARY 24, 1986

1413

counties shall, at the call of the commissioner, meet in joint session to approve the selection of a director appointed by the commissioner and to approve the commissioner's discharge of a director to serve such boards in common. A county board of health is authorized to appoint one of its members to represent the board at a joint meeting for this purpose. The director shall be a physician who is licensed to practice medicine under Chapter 34 of Title 43 and who otherwise meets the requirements of the State Merit System of Personnel Administration. The district director shall have the same powers, duties, and responsibility as a director serving a single county board of health. To further the purposes of this Code section, county boards of health may contract with each other for the provision of multicounty services and also exercise any additional powers as authorized by paragraph (7) of Code Section 31-3-4; and in the performance of such contracts a county board of health may utilize its employees in other counties.
(b) Nothing in this Code section shall be construed to invalidate the discharge of a district director made prior to July !_, 1986.'"
By striking from line 30 of page 2 the following:
"Section 2",
and inserting in its place the following:
"Section 3".

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

N Aaron
Adams.G
N Adams.M
Y Aiken
N Alford
Y Alien
N Anderson
Argo Athon Y Atkins Y Auten Y Bailey N Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M NBeck Y Benefield Benn Y Birdsong N Bishop Bolster
Bostick
Y Branch
NBray
Brooks
Brown.G
NBuck
Burruss
YByrd
Y Carter
N Chambless
Y Chance
Y Cheeks
N Childers

N Childs N Clark.B
Clark.L Y Colbert
Coleman N Colwell
Connell N Cooper Y Copelan
Couch YCox
Crawford Crosby Cummings Daugherty Y Davis N Dean Y Dixon Y Dobbs Y Dover N Dunn N Edwards Y Felton Y Floyd N Foster Galer Godbee Y Goodwin Y Greene Greer N Groover N Hamilton N Manner Y Harris N Hasty NHays

Y Heard Y Hill N Holcomb N Holmes
Hooks Home N Hudson Y Isakson N Jackson,J Y Jackson.N Y Jamieson N Johnson,D Y Johnson.F Y Johnson.R Johnson,S Kilgore Y Kingston N Lane.D Y Lane.R N Lawler Y Lawrence N Lawson N Lee.C Y Lee.W Y Linder Y Logan N Long Lord Lucas Y Lupton N Maddox N Mangum N Martin.C N Martin,J Y Matthews N McDonald

N McKelvey McKinney Milam Milford
Y Moody Y Moore
Morton N Mostiler N Moultrie Y Mueller N Oliver.C N Padgett N Pannell
Parham N Parrish
Patten N Peters N Pettit
Phillips N Pinkston Y Porter N Rainey Y Ramsey.T Y Ramsey.V N Randall Y Hansom YRay N Reaves N Redding Y Richardson N Robinson,C N Robinson.P YRoss N Royal N Russell N Selman

On the adoption of the amendment, the ayes were 63, nays 73. The amendment was lost.

Y Shepard N Sherrod
Sinkfield Y Sizemore
Smith.L N Smith.P
Smith.T N Smyre
Snow Y Stancil N Steinberg N Thomas.C Y Thomas.M N Thompson
Townsend N Triplet! Y Twiggs Y Waddle N Waldrep Y Walker.C N Walker.L Y Wall
Ware Watson N Watts White N Wilder Y Williams.B N Williams,J N Williams.R N Wilson Y Wood N Workman Yeargin Young Murphy.Spkr

1414

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 Adams.G
Y Adams.M Y Aiken Y Alford Y Alien Y Anderson
Argo Athon Y Atkins Y Auten
Y Bailey Y Balkcom N Bannister Y Bargeron
Y Barnett,B N Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop
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
Couch Y Cox Y Crawford
Crosby Cummings Daugherty Y Davis Dean Y Dixon Dobbs Y Dover
Y Dunn Y Edwards Y Felton
Y Floyd Y Foster
Galer God bee Y Goodwin
Y Greene Y Greer Y Groover Y Hamilton
Y Manner Y Harris Y Hasty YHays

Y Heard NHill
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
Johnson.S Y Kilgore Y Kingston
Y Lane.D Y Lane,R Y Lawler Y Lawrence
Y Lawson YLee,C YLee.W
Y Linder Y Logan
YLong Lord Lucas
Y Lupton Y Maddox
Y Mangum Y Martin.C Y Martin,J
Y Matthews McDonald

Y McKelvey Y McKinney
Milam
Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie N 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 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
Smith.L Y Smith.P Y Smith.T Y Smyre YSnow
Y Stancil Y 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
White Y Wilder Y Williams,B Y Williams,J Y Williams.R Y Wilson Y Wood Y Workman
Yeargin Young
Murphy.Spkr

On the passage of the Bill, the ayes were 144, nays 4. The Bill, having received the requisite constitutional majority, was passed.

HB 328. By Representative Ross of the 82nd:
A bill to amend Code Section 20-2-102 of the Official Code of Georgia Annotated, relating to the qualifications of county school superintendents, so as to completely revise and provide for the qualifications of county and independent school superintendents.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 20-2-102 of the Official Code of Georgia Annotated, relating to the qualifications of county school superintendents, so as to completely revise and provide for the qualifications of county and independent school superintendents; to provide for other matters related thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-102 of the Official Code of Georgia Annotated, relating to the qualifications of county school superintendents, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 20-2-102 to read as follows:

MONDAY, FEBRUARY 24, 1986

1415

"20-2-102. (a) Before any person shall be qualified or eligible to hold the office of county or independent school superintendent, he the person shall be a citizen of the county if elected by the voters of the county, but it shall not be necessary that he the person be a citizen of the county or independent school district if elected or appointed by the county board of education of the county or independent school system. He The person shall have earned and hold a five-year degree from at a regionally accredited collejsje or university OP shflii nsve not less tosn ft iouP yeflr decree eflpnco. duct held iro/n ftft 8ccrGuited college OP university sno. shsii hdve registered top courses le&diiig towftpu obtaining the requirements of a five-year certificate. He The person shall have had not less than three years of actual teaching or education administration experience in grades kindergarten through 12 r He and shall be a person of good moral character; and shall never have been convicted of any crime involving moral turpitude. The person shall possess the minimum valid fifth year leadership certificate issued by the State Board of Education.
(b) Before becoming To be eligible to qualify for election er appointment, candidates fop the position or cottnty school superintendent must tile with the otflte oosro of ciQij" cation a certificate under oath showing qualification ttndef in the primary election or in the general election if the position is nonpartisan, a candidate for election as county school superintendent shall present to the proper election officials verification from the State School Superintendent that the candidate meets the certification qualifications of this Code section.
(c) This Code section shall not apply te any person holding office ef- county school superintendent en April &; 1063, ttor shaH it apply to any person who has served at least one term as a superintendent.
(d) If the position is appointed, the person shall present to the local board of education verification from the State School Superintendent that the person meets the certification qualifications of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron 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
Benn 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 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 Davis Dean 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 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
Jamieson Johnson.D Y Johnson.F Y Johnson,R Johnson,S

Kilgore Y Kingston Y Lane.D Y Lane,R
Lawler Y Lawrence
Y Lawson Y Lee.C YLee.W Y Under YLogan YLong
Lord Lucas Y Lupton Y Maddox
Y Mangum Y Martin.C
Y Martin,J Y Matthews Y McDonald
Y McKelvey McKinney Milam
Y Milford Y Moody Y Moore Y Morton Y Mostiler

Y Moultrie Y Mueller Y Oliver.C Y 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
Randall Y Ransom YRay Y Reaves Y Redding Y Richardson
Y Robinson,C Y Robinson,? YRoss
Y Royal Y Russell Y Selman Y Shepard

1416

JOURNAL OF THE HOUSE,

Y Sherrod Y Sinkfield Y Sizemore
Smith.L Y Smith,? Y Smith.T
Smyre

Y Snow Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Y Thompson
Townsend

Y Triplett Y Twiggs Y Waddle Y Waldrep
Waiker.C Y Walker.L
Y Wall

Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Y Wiiliams,J

Y Williams,R Y Wilson Y Wood Y Workman
Yeargin Young
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 660. By Representatives Redding of the 50th, Richardson of the 52nd, Robinson of the 58th, Williams of the 54th, Alford of the 57th and others:

A RESOLUTION
Creating the DeKalb County Government Study Commission; and for other purposes.
WHEREAS, the government of DeKalb County was completely reorganized by an Act of the General Assembly adopted in 1981; and
WHEREAS, the General Assembly has found it necessary to amend the reorganization law several times since its enactment; and
WHEREAS, legal questions have arisen concerning the respective powers of the Chief Executive Officer and the Board of Commissioners of DeKalb County; and
WHEREAS, the nature of the new government of DeKalb County with its separation of executive and legislative powers has caused confusion in the application of certain laws to the new government; and
WHEREAS, a systematic review of the new government and the problems described above should be undertaken in order to identify all those changes that should be made in the reorganization law to avoid the necessity of annual amendment of such law.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the DeKalb County Government Study Commission is created. The commission shall be composed of nine members as follows:
(1) Three members of the Senate whose senatorial districts lie wholly within DeKalb County appointed by the President of the Senate;
(2) Three members of the House of Representatives whose representative districts lie wholly within DeKalb County appointed by the Speaker of the House;
(3) One member of the Board of Commissioners of DeKalb County elected by said board of commissioners; and
(4) Two citizens of DeKalb County appointed by the Chief Executive Officer of DeKalb County.
BE IT FURTHER RESOLVED that all members of the commission shall be elected or appointed by May 1, 1986. The organizational meeting of the commission shall be held at the call of the members who serve in the General Assembly. At the organizational meeting the commission shall elect from its own membership a chairman and such other officers as it finds necessary or desirable. The commission may adopt such rules or policies governing its operation and procedures as it finds necessary or desirable. The members of the commission shall serve without compensation and may not be reimbursed from public funds for expenses incurred by them in carrying out their duties as members of the commission. The commission may meet at such times and places as may be necessary to carry out its duties.
BE IT FURTHER RESOLVED that it shall be the duty of the commission to make a systematic study of the DeKalb County government and the reorganization law adopted

MONDAY, FEBRUARY 24, 1986

1417

in 1981. The purpose of the study will be to identify those changes which need to be made in the reorganization law to solve problems heretofore described in this resolution and to achieve the efficient and effective functioning of the DeKalb County government.
BE IT FURTHER RESOLVED that the commission shall complete its study by December 1, 1986, and submit its recommendations by December 15, 1986, to the members of the General Assembly who represent any portion of DeKalb County and to the Chief Executive Officer of DeKalb County and to each member of the Board of Commissioners of DeKalb County. The commission shall stand abolished on December 31, 1986.

The following amendment was read and adopted:

Representative Alford of the 57th moves to amend HR 660 by striking on page 2, on line 2 and 6, the word "wholly".

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 Y Argo
Athon Y Atkins
Auten Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett.B
Y Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop
Bolster Bostick Y Branch YBray Brooks Y Brown.G Buck
Y Burruss YByrd
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
Copelan Y Couch YCox Y Crawford
Crosby Cummings Daugherty N Davis Dean 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 Y Banner 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 Johnson.S Kilgore
Y Kingston Y Lane.D N Lane.R Y Lawler Y Lawrence
Y Lawson YLee.C Y Lee.W
Y Under Y Logan YLong
Lord 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 N 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
Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom
Ray Y Reaves Y Redding Y Richardson Y Robinson,C Y Robinson.P
YRoss Y Royal Y Russell Y Selman

Shepard Y Sherrod Y Sinkfield Y Sizemore
Y Smith.L Y Smith.P
Smith,T
Smyre YSnow Y Stancil Y Steinberg
Thomas,C Y 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
White Y Wilder
Williams.B Y Williams,J Y Williams.R Y Wilson Y Wood
Y Workman Yeargin Young Murphy.Spkr

On the adoption of the Resolution, as amended, the ayes were 132, nays 3.

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:

1418

JOURNAL OF THE HOUSE,

HB 540. By Representatives Pettit of the 19th and Ramsey of the 3rd:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to grant exclusive original jurisdictions in the juvenile courts over certain traffic offenses committed by persons under 17 years of age; to provide that there shall be no exceptions to the jurisdiction of the juvenile court over these offenses.

The following Committee substitute was read:

A BILL
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to grant exclusive original jurisdiction in the juvenile courts over certain traffic offenses committed by persons under 17 years of age; provided, however, that a juvenile court is authorized to transfer any case involving a juvenile traffic offense to another court of competent jurisdiction upon a timely request being made by the parent, guardian, or custodian of the child; to provide that there shall be no exceptions to the jurisdiction of the juvenile court over these offenses; to provide for the imposition of certain sanctions for commissions of juvenile traffic offenses; to change the provisions relating to remitting funds for juvenile traffic offenses; to provide for construction; to provide for application of the provisions relating to juvenile traffic offenses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking in its entirety Code Section 15-11-49, which reads as follows:
"15-11-49. (a) Except as provided in subsection (b) of this Code section, a juvenile traffic offense consists of a violation by a person under the age of 16 of:
(1) A law or local ordinance governing the operation of a moving motor vehicle upon the streets or highways of this state or upon the waterways within or adjoining this state; or
(2) Any other motor vehicle traffic law or local ordinance if the child is taken into custody and detained for its violation or is transferred to the juvenile court by the court hearing the charge. (b) A juvenile traffic offense is not an act of delinquency unless the case is transferred to the delinquency calendar as provided in subsection (g) of this Code section. (c) A juvenile traffic offense shall not include any offense to which Code Section 40-5-54 or Code Section 40-5-70 is applicable. (d) The summons, notice to appear, or other designation of a citation accusing a child of committing a juvenile traffic offense constitutes the commencement of the proceedings in the court of the county in which the alleged violation occurred and serves in place of a summons and petition under this chapter. These cases shall be filed and heard separately from other proceedings of the court. If the child is taken into custody on the charge, Code Sections 15-11-18 and 15-11-21 shall apply. If the child is, or after commencement of the proceedings becomes, a resident of another county of this state, Code Section 15-11-16 shall apply. (e) The court shall fix a time for a hearing and shall give reasonable notice thereof to the child and, if their address is known, to the parents, guardian, or custodian. If the accusation made in the summons, notice to appear, or other designation of a citation is denied, an informal hearing shall be held at which the parties shall have the right to subpoena witnesses, present evidence, cross-examine witnesses, and appear by counsel. The hearing shall be open to the public. (f) If the court finds on the admission of the child or upon the evidence that he committed the offense charged, it may make one or more of the following orders:
(1) Reprimand or counsel with the child and his parents;

MONDAY, FEBRUARY 24, 1986

1419

(2) Suspend the child's privilege to drive under stated conditions and limitations for a period not to exceed that authorized for an adult for the conviction of a like offense;
(3) Require the child to attend a traffic school conducted by public authority for a reasonable period of time; or
(4) Order the child to remit to the general fund of the county a sum not exceeding the maximum applicable to an adult for a like offense.
(g) In lieu of the preceding orders, if the evidence indicates the advisability thereof, the court may transfer the case to the delinquency calendar of the court and direct the filing and service of a summons and petition in accordance with this chapter. The judge so ordering is disqualified, upon objection, from acting further in the case prior to an adjudication that the child committed a delinquent act.", and substituting in lieu thereof a new Code Section 15-11-49 to read as follows:
"15-11-49. (a) Notwithstanding the provisions of Title 40 which grant jurisdiction over traffic offenses to certain courts, the juvenile court shall have exclusive original jurisdiction over juvenile traffic offenses; provided, however, that a juvenile court is authorized to transfer any case involving a juvenile traffic offense to another court of competent jurisdiction upon a timely request being made by the parent, guardian, or custodian of the child. A juvenile traffic offense consists of a violation by a person under the age of 17 of:
(1) A law or local ordinance governing the operation of a moving motor vehicle upon the streets or highways of this state or upon the waterways within or adjoining this state; or
(2) Any other motor vehicle traffic law or local ordinance if the child is taken into custody and detained for its violation or is transferred to the juvenile court by the court hearing the charge.
(b) A juvenile traffic offense is not an act of delinquency.
(c) The juvenile court shall comply with all applicable provisions of Title 40 when hearing juvenile traffic offenses to the extent such title is not inconsistent with the
provisions of this Code section and this chapter, and nothing in this Code section shall be construed as prohibiting the suspension or revocation of a child's driver's license in
the same manner and under the same conditions as an adult's driver's license is suspended.
(d) The summons, notice to appear, or other designation of a citation accusing a child of committing a juvenile traffic offense constitutes the commencement of the pro-
ceedings in the court of the county in which the alleged violation occurred and serves in place of a summons and petition under this chapter. These cases shall be filed and
heard separately from other proceedings of the court. If the child is taken into custody on the charge, Code Sections 15-11-18 and 15-11-21 shall apply. If the child is, or after
commencement of the proceedings becomes, a resident of another county of this state, Code Section 15-11-16 shall apply.
(e) The court shall fix a time for a hearing and shall give reasonable notice thereof to the child and, if their address is known, to the parents, guardian, or custodian. If the
accusation made in the summons, notice to appear, or other designation of a citation is denied, an informal hearing shall be held at which the parties shall have the right to subpoena witnesses, present evidence, cross-examine witnesses, and appear by counsel.
The hearing shall be open to the public.
(f) If the court finds on the admission of the child or upon the evidence that he committed the offense charged, it may make one or more of the following orders:
(1) Reprimand or counsel with the child and his parents; (2) Suspend the child's privilege to drive under stated conditions and limitations
for a period not to exceed that authorized for an adult for the conviction of a like offense;
(3) Require the child to attend a driver improvement clinic or program approved by the Department of Public Safety;
(4) Order the child to remit to the general fund of the county or municipality in
which the case was brought a sum not exceeding the maximum applicable to an adult for a like offense;

1420

JOURNAL OF THE HOUSE,

(5) Impose any sanction authorized by Title 40 to be imposed on an adult for a like offense, except that the period of actual confinement imposed shall not exceed two years; or
(6) Place the child on probation subject to the conditions and limitations imposed by Title 40 on probation granted to adults for like offenses, but such probation shall be supervised by the court as provided in Code Section 15-11-35."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Walker of the 115th, Robinson of the 96th and Groover of the 99th move to amend the Committee substitute to HB 540 by changing the word "exclusive" on line 33, page 3, to the word "concurrent" and by adding a new subsection (g) after line 5, page 6, to read as follows:
"(g) Notwithstanding any other provision of this act to the contrary, any child, through the child's parent, guardian, or custodian, shall have the right to have the child's case heard and disposed of in any other court otherwise having jurisdiction and the law enforcement official making the case shall so inform the parent, guardian, or custodian of the child's right to have the case heard and disposed of in this court of concurrent jurisdiction."

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adaras.M Y Aiken Y Alford
Alien Y Anderson Y Argo
Athon Y Atkins
Auten Y Bailey
Balkcom Y Bannister
Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield
Benn Y Birdsong Y Bishop
Bolster Y Bostick Y Branch
YBray Brooks
Y 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 Y Cooper Y Copelan Y Couch
YCox Y Crawford
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 YGreer Y Groover N Hamilton Y Banner Y Harris Y Hasty
YHays

Y Heard YHill Y Holcomb Y Holmes Y Hooks YHorne Y Hudson Y Isakson Y Jackson,J Y Jackson.N
Jamieson Y Johnson,D Y Johnson.F
Johnson,R Johnson,S Y Kilgore
Y Kingston Lane.D
Y Lane.R Y Lawler
Lawrence Y Lawson YLee.C YLee.W Y Under YLogan YLong
Lord 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 Mostilet Y Moultrie Y Mueller
Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish
Patten N Peters Y Pettit
Phillips Pinkston Y Porter
Y Rainey Y Ramsey.T
Ramsey.V Y Randall Y Ransom YRay Y Reaves
Redding
Y Richardson Y Robinson.C Y Robinson.P YRoss Y Royal
Y Russell Y Selman

Y Shepard
Y Sherrod Sinkfield
Y Sizemore N Smith,L Y Smith.P
Smith.T
Y Smyre YSnow
Y Stancil Y Steinberg Y Thomas.C Y Thomas,M Y Thompson
Townsend Y Triplett Y Twiggs
Waddle N Waldrep
Walker.C
Y Walker,L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams,J Williams.R Y Wilson Y Wood Y Workman Y Yeargin
Young Murphy,Spkr

MONDAY, FEBRUARY 24, 1986

1421

On the passage of the Bill, by substitute, as amended, the ayes were 137, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

HB 206. By Representatives Brown of the 88th, Walker of the 85th, Brooks of the 34th, Young of the 134th, and White of the 132nd:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for comprehensive regulation of the disclosure of known and suspected health hazards or toxic substances.

The following Committee substitute was read:

A BILL
To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for comprehensive regulation of the disclosure of known and suspected health hazards of hazardous chemicals and substances; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for certain exemptions; to provide for notice of employee rights; to provide for lists of chemicals and certain liability for unlisted chemicals; to provide for rules and regulations of the Commissioner of Labor; to provide for duties and liabilities of contractors; to provide for material safety data sheets; to provide for notice, review, and copies of such sheets; to provide for certain rights of employees; to provide for labeling of containers of hazardous chemicals; to provide for education and training programs; to provide for duties of the Commissioner of Labor; to provide for rights of employees; to provide for trade secrets and confidential information; to provide for duties and authority of local emergency officials; to require employers to supply such officials with certain information; to provide for workplace chemical lists; to provide for certain duties of county health departments; to require employers to supply such departments with certain information; to provide for applicability of certain provisions of the liability of employers; to provide for complaints; to provide for violations; to provide for certain investigations; to provide authority for certain rights of entry; to provide for the provision of information to employees; to provide for certain exemptions; to provide for complaints of violations; to provide for other investigations; to provide for civil penalties; 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 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by adding at the end thereof a new chapter, to be designated Chapter 13, to read as follows:
"CHAPTER 13
34-13-1. This chapter shall be known and may be cited as the 'Hazardous Chemical Right to Know Act.'
34-13-2. (a) The General Assembly finds that the proliferation and variety of hazardous chemicals present in our society may affect the health, safety, and welfare of persons living and working in Georgia.
(b) The General Assembly also finds that many employers in Georgia have been industry leaders in training and educating their employees concerning hazardous chemicals and that such programs will be required of manufacturing employers by May, 1986,

1422

JOURNAL OF THE HOUSE,

pursuant to the federal Occupational Safety and Health Administration's hazard communication standard.
(c) It is the intention of the General Assembly to provide access to information regarding such chemicals to enhance the ability of workers to minimize hazardous exposure to such chemicals; to provide information to emergency personnel to protect the public health, safety, and welfare; and to provide information to citizens to enable them to make informed decisions regarding their safety, health, and welfare.
34-13-3. As used in this chapter, the term: (1) 'Chemical manufacturer' means an employer in Standard Industrial Classifi-
cation Codes 20 through 39 of Division D of the Standard Industrial Classification Manual with a workplace where chemicals are produced for use or distribution.
(2) 'Chemical name' means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Service (CAS) rules of nomenclature or a name which will clearly identify the chemical for the purpose of conducting a hazard evaluation.
(3) 'Commissioner' means the Commissioner of Labor or his designee. (4) 'Common name' means any designation or identification such as code name, code number, trade name, brand name, or generic name used to identify a chemical other than by its chemical name. (5) 'Container' means any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or the like that contains a hazardous chemical. For purposes of this chapter, pipes, piping systems, or underground tanks shall not be considered to be containers. (6) 'Distributor' means any business, other than a chemical manufacturer, which supplies hazardous chemicals to other distributors or to manufacturing or nonmanufacturing purchasers. (7) 'Employee' means any employee who may be exposed to hazardous chemicals in the workplace under normal operating conditions or foreseeable emergencies. Office workers, ground maintenance personnel, security personnel, or nonresident management are not included unless their job performance routinely involves potential exposure to hazardous chemicals. For the purposes of this chapter, 'employee' includes persons working for this state and its political subdivisions, as well as members of volunteer fire departments. (8) 'Employer' means any person who employs an employee or employees. (9) 'Expose' or 'exposure' means that an employee is subjected to a hazardous chemical in the course of employment through any route of entry, including but not limited to inhalation, ingestion, skin contact, or absorption and includes potential, accidental, or possible exposure. (10) 'Hazardous chemical' means any element, chemical compound, or mixture of elements and compounds which is a physical hazard, health hazard, or hazardous substance as defined by 29 CFR Sections 1910.1000 through 1910.1500. (11) 'Label' means any written, printed, or graphic material displayed on or affixed to containers of hazardous chemicals.
(12) 'Material safety data sheet' means a document prepared in accordance with the requirements of the Occupational Safety and Health Administration standard.
(13) 'Mixture' means any combination of two or more chemicals if the combination is not, in whole or in part, the result of a chemical reaction.
(14) 'Occupational Safety and Health Administration standard' means the Hazard Communication Standard issued by the Occupational Safety and Health Administration.
(15) 'Trade secret' means any confidential formula, pattern, process, device, or information or compilation of information, including chemical name or other unique chemical identifier, that is used in an employer's business, that gives the employer an opportunity to obtain an advantage over competitors who do not know or use it.
(16) 'Work area' means a room or defined space in a workplace where hazardous chemicals are produced, stored, or used and where employees are present.

MONDAY, FEBRUARY 24, 1986

1423

(17) 'Workplace' means an establishment at one geographical location containing one or more work areas.
(18) 'Workplace chemical list' means the list of hazardous chemicals developed pursuant to Code Section 34-13-14. 34-13-4. Employers and distributors that are regulated by the provisions of the Occupational Safety and Health Administration standard shall be exempt from the provisions of this chapter. 34-13-5. Employers shall post adequate notice, at locations where notices are normally posted, informing employees about their rights under this chapter. Such notice shall be in a form prescribed by the Commissioner.
34-13-6. The Commissioner shall maintain a list of all hazardous chemicals which are regulated pursuant to the provisions of this chapter or the Occupational Safety and Health Administration standard. Such list shall be available for inspection by the public during regular office hours. No employer shall be relieved of any duty, responsibility, or liability under this chapter or the Occupational Safety and Health Administration standard relative to any hazardous chemical which is not included in such list.
34-13-7. (a) The Commissioner shall promulgate rules and regulations to implement the provisions of this chapter.
(b) A contractor or subcontractor who introduces hazardous materials into the workplace shall be construed, solely for the purposes of this chapter, to be responsible for his employees in such workplace. The Commissioner shall promulgate regulations as needed to establish the duties and responsibilities of contractors and subcontractors under this chapter. Any such contractor or subcontractor who introduces hazardous chemicals into the workplace shall provide material safety data sheets for such chemicals to all other parties of the contract prior to introducing such hazardous chemicals.
34-13-8. (a) Chemical manufacturers and distributors shall provide employers who purchase a hazardous chemical from them with an appropriate material safety data sheet prior to or with their initial shipment of the hazardous chemical and with the first shipment after the material safety data sheet for the hazardous chemical is updated.
(b) Employers shall maintain and post the most current material safety data sheet received from chemical manufacturers or distributors for each hazardous chemical in the workplace.
(c) Copies of material safety data sheets shall be readily available, upon written request by employees or their certified collective bargaining agent.
(d) Employees who may be exposed to hazardous chemicals shall be informed of such exposure and shall have access to the workplace chemical list and material safety data sheets for the hazardous chemicals.
(e) If a material safety data sheet for an unidentified or hazardous chemical is not available upon request as required in the Occupational Safety and Health Administration standard or subsection (c) of this Code section, an employee or a recognized or certified collective bargaining agent for the employees of the workplace involved may submit a written request for the material safety data sheet to the employer. If the employer does not provide the requested material safety data sheet, the employee shall not be required to work with the unidentified or hazardous chemical for which the mate-
rial safety data sheet was requested until the requested material safety data sheet is furnished. A written statement by the manufacturer of the substance in question that it
is not a hazardous chemical as defined in Code Section 34-13-3 shall fulfill the require-
ment to supply a material safety data sheet. If the material safety data sheet is unavailable, the employee shall not be required to work with the unidentified or hazardous
chemical for which the material safety data sheet was requested. In accordance with subsection (a) of Code Section 34-13-11, there shall be no penalty for not doing such work.
Reassignment of an employee to other work, at equal pay and benefits, shall not be
considered a penalty under this Code section. 34-13-9. (a) Existing labels on containers of hazardous chemicals shall not be
removed or defaced. If the employer transfers a hazardous chemical from the original container to another container, such employer shall reproduce the information contained

1424

JOURNAL OF THE HOUSE,

on the original container pursuant to the Occupational Safety and Health Administration standard on the container to which such hazardous chemical was transferred; provided, however, that if such hazardous chemical is regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, then such employer shall reproduce on the container to which such hazardous chemical was transferred the chemical name or common name which was on the original container.
(b) (1) As used in this subsection, the term 'unlabeled container' means a container which is not labeled in accordance with subsection (a) of this Code section or the Occupational Safety and Health Administration standard.
(2) Employees shall not be required to work with a hazardous chemical from an unlabeled container except for a portable container intended for the immediate use by the employee who placed the hazardous chemical into the portable container. 34-13-10. (a) Every employer shall provide an education and training program for its employees who use or handle hazardous chemicals. Additional instruction shall be provided whenever a new hazard is introduced into their work area or whenever new and significant information is received by the employer concerning the hazards of a chemical. New or newly assigned employees shall be provided training before working in a work area containing hazardous chemicals. (b) The education and training program provided pursuant to subsection (a) of this Code section shall be developed in accordance with rules and regulations promulgated by the Commissioner which shall include, at a minimum, requirements relative to:
(1) Information on interpreting labels and material safety data sheets and the relationship between these two methods of hazard communication;
(2) The location and availability of the workplace chemical list and material safety data sheets;
(3) Any operation in an employee's work area where hazardous chemicals are present;
(4) The physical and health hazards of the hazardous chemicals in the work area; (5) Protective measures that employees may use to protect themselves from these hazards, including appropriate work practices, emergency procedures, and personal protective equipment; (6) Frequency of training; and
(7) General safety instructions on the handling, cleanup, and disposal of hazardous chemicals.
(c) Employers shall keep a record of the dates of training sessions given to their employees.
(d) The Commissioner shall develop and maintain a general education and training assistance program to aid those employers who, because of size or other practical considerations, are unable to develop such programs by themselves. Such a program shall be made available to such employers upon request.
(e) (1) The hazard communication program and employee information and training required of manufacturing employers pursuant to 29 CFR Section 1910.1200(e) and (h) and the education and training program pursuant to subsection (a) of this Code section shall require that annual refresher training after the initial training pursuant to 29 CFR Section 1910.1200(e) and (h) and subsection (a) of this Code section be conducted unless the Commissioner grants an exemption from annual refresher training. Such exemption may be granted if the Commissioner determines that the nature of the work assignment, the level of exposure, or the nature of the hazardous chemical involved would not reasonably require annual refresher training. The Commissioner shall promulgate rules and regulations in accordance with Code Section 34-13-7 which establish the criteria for granting such exemptions.
(2) The initial education and training programs required pursuant to subsection (a) of this Code section may be conducted at any time during calendar year 1987.
34-13-11. (a) No employer shall discharge, or cause to be discharged, or otherwise discipline or in any manner discriminate against an employee because the employee has filed a complaint, assisted an inspector of the Commissioner who may make or is making an inspection under subsection (b) of Code Section 34-13-15, or has instituted or caused

MONDAY, FEBRUARY 24, 1986

1425

to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise of any rights afforded pursuant to the provisions of this chapter on behalf of the employee or on behalf of others, nor shall pay, position, seniority, or other benefits be lost for exercise of any right provided by this chapter.
(b) Any waiver by a person of the benefits or requirements of this chapter shall be against public policy and shall be null and void. Any employer's request or requirement that a person waive any rights under this chapter as a condition of employment shall constitute a violation.
34-13-12. (a) An employer who believes that all or any part of the information required on a material safety data sheet or under Code Section 34-13-13 or 34-13-14 is a trade secret may, with the approval of the Commissioner, withhold the information, provided that:
(1) The information, other than chemical name, from the material safety data sheets is available to persons in the area where they work;
(2) Hazard information on any trade secret chemical is provided to the fire chief and appropriate emergency response department;
(3) All relevant information is provided pursuant to requirements stated in the Occupational Safety and Health Administration standard set forth in 29 CFR Part 1910.1200(i)(2); and
(4) The employer or distributor can substantiate the trade secret claim. (b) The Commissioner shall request any or all of the data substantiating the trade secret claim to determine whether the claim made pursuant to subsection (a) of this Code section is valid. The Commissioner shall protect from disclosure any or all information coming into his possession when such information is marked by the employer as confidential and shall return all information so marked to the employer at the conclusion of his determination. (c) (1) Any information which is marked confidential pursuant to subsection (b) of this Code section shall not be disclosed during any administrative or judicial proceeding held pursuant to this Code section. Administrative hearings held pursuant to this Code section shall not be open to public observation and any judicial proceedings relative to such information shall be held in camera.
(2) Any information which is marked confidential pursuant to subsection (b) of this Code section shall not be a public record.
34-13-13. (a) As used in this Code section, the term 'local emergency officials' means the fire department, law enforcement agencies, emergency medical personnel, and emergency response teams who exercise jurisdiction over or respond to calls in the area where a workplace is located.
(b) Employers who normally store a hazardous chemical in excess of 55 gallons or 500 pounds shall provide the local emergency officials in writing the names and telephone numbers of knowledgeable representatives of the employer who can be contacted for further information or in an emergency.
(c) Each employer shall provide a copy of the workplace chemical list to the local emergency officials and shall thereafter notify the local emergency officials of any significant changes that occur in the workplace chemical list.
(d) The local fire department, upon request of the local fire department, shall be permitted on-site inspections of the hazardous chemicals on the workplace chemical list during normal business hours for the sole purpose of preplanning emergency fire department activities.
(e) Employers, upon request by local emergency officials, shall provide such officials with copies of the material safety data sheet for any chemical on their workplace chemical list.
(f) The local emergency officials may make the workplace chemical list and material safety data sheets available to the necessary responding personnel, or to their designated representatives, but shall not otherwise distribute the information without written approval of the employer who provided the workplace chemical list or material safety data sheets; except that such approval shall not be required in an emergency situation

1426

JOURNAL OF THE HOUSE,

in which human life is at stake. In the event such workplace chemical list or material safety data sheets are released under such an emergency situation, the local emergency officials shall promptly notify the supplier of the workplace chemical list or material safety data sheets in writing as to whom the information was released to and the circumstances of the emergency. Persons receiving workplace chemical lists or material safety data sheets from the local emergency officials shall hold the information contained therein in confidence.
(g) (1) Employers shall place a sign in accordance with the NFPA704M series on the outside of any building which contains a class A explosive, class B explosive, poison gas (poison A), water-reactive flammable solid (flammable solid W), or radioactive material as listed in Table 1 of federal Department of Transportation regulations at 49 CFR, Part 172, and further defined in 49 CFR, Part 173, or any other hazardous chemical in excess of the amounts listed in subsection (a) of this Code section.
(2) The Commissioner shall promulgate rules in accordance with Code Section 34-13-7 to establish specifications on the size, color, lettering, and posting requirements pursuant to such series. Such regulations shall provide that the number used shall be determined by the hazardous chemical which presents the greatest danger. (h) The Department of Labor shall assist employers and local emergency officials to effectuate the purposes of this Code section. 34-13-14. (a) (1) Employers shall compile and maintain a workplace chemical list which shall contain the following information for each hazardous chemical known to be present in the workplace:
(A) The chemical name or common name used on the material safety data sheet and the container label;
(B) The chemical abstracts service number for such hazardous chemical if such number is included on the material safety data sheet; and
(C) The work area or workplace in which the hazardous chemical is normally used or stored. (2) The workplace chemical list shall be maintained by the employer for not less than 30 years. Complete records pertinent to the workplace chemical list shall be sent to the Commissioner if the employer generating such list ceases to operate a business within the state. (3) The workplace chemical list shall be filed with the Commissioner no later than July 1, 1987, and shall be updated as necessary but not less than annually thereafter. (b) (1) Employers shall compile and maintain a workplace chemical list which shall contain the following information for each hazardous chemical normally used or stored in the workplace in excess of 55 gallons or 500 pounds:
(A) The chemical name or the common name used on the material safety data sheet and container label;
(B) The chemical abstracts service number if such number is included on the material safety data sheet; and
(C) The work area or workplace in which the hazardous chemical is normally stored or used.
(2) The workplace chemical list shall be maintained by the employer for not less than 30 years. Complete records pertinent to the workplace chemical list shall be sent to the Commissioner if the employer generating such list ceases to operate a business within the state.
(3) New or newly assigned employees shall be made aware of the workplace chemical list before working in a work area containing hazardous chemicals.
(4) The workplace chemical list shall be filed with the Commissioner no later than July 1, 1987, and shall be updated as necessary but not less than annually thereafter.
(c) The workplace chemical list may consist of either a single listing prepared for the workplace as a whole or a collection of lists prepared for each work area individually.
(d) The employer shall provide a copy of the workplace chemical list and material safety data sheets to the county health department. The county health department shall maintain such information for each workplace located in the county. Such lists and

MONDAY, FEBRUARY 24, 1986

1427

sheets shall be available for inspection by the public during regular office hours and copies shall be made available upon payment of a reasonable copying fee.
(e) It is the intention of the General Assembly, pursuant to the provisions of this Code section, to provide access to information concerning hazardous chemicals used and stored in this state to the citizens of this state who live and work in proximity to such chemicals to enable such citizens to make informed decisions concerning their health, safety, and welfare.
34-13-15. (a) Complaints received in writing from employees, their designated representatives, or their collective bargaining agents, relating to alleged violations of this chapter by employers, shall be investigated in a timely manner by the Commissioner.
(b) Officers or duly designated representatives of the Commissioner, upon presentation of appropriate credentials and written notice or warrant to the employers, shall have the right of entry into any workplace or work area of such employers at reasonable times to inspect and investigate complaints within reasonable limits and in a reasonable manner.
34-13-16. The provision of information to an employee pursuant to the provisions of this chapter shall not be construed to affect the liability of an employer with regard to the health and safety of an employee or other persons exposed to hazardous chemicals, nor shall it affect the employer's responsibility to take any action to prevent the occurrence of occupational disease as required under any other provision of law. The provision of information to an employee shall not affect any other duty or responsibility of a chemical manufacturer or distributor to warn ultimate users of a hazardous chemical under any other provision of law.
34-13-17. The provisions of this chapter shall not apply to: (1) Any article which is formed to a specific shape or design during manufacture
which has end use functions dependent in whole or in part upon its shape or design during end use and which does not release or otherwise result in exposure to a hazardous chemical under normal conditions of use;
(2) Products intended for personal consumption by employees in the workplace; (3) Retail food sale establishments and all other retail trade establishments, exclusive of processing, maintenance, and repair areas; (4) A workplace where a hazardous chemical is received in a sealed package and is subsequently sold or transferred in that package if the seal remains intact while the chemical is in the workplace and if the chemical does not remain in the workplace more than 14 days, except for the provisions of Code Sections 34-13-10 and 34-13-13; (5) Any food, food additive, color additive, drug, or cosmetic as such terms are defined in the Food and Drug Act 21 U.S.C. 301 et seq., or distilled spirits, wines, or malt beverages as such terms are defined in the Federal Alcohol Administration Act 27 U.S.C. 201 et seq.; (6) A laboratory under the direct supervision or guidelines of a technically qualified individual provided that:
(A) Labels on containers of incoming chemicals shall not be removed or defaced; (B) Material safety data sheets received shall be maintained and made accessible to employees and students;
(C) The provisions of Code Sections 34-13-10 and 34-13-13 are met; and
(D) The laboratory is not used primarily to produce hazardous chemicals in bulk for commercial purposes; or
(7) The workplace of an agriculture employer or employer group if the Commissioner of Agriculture certifies to the Commissioner of Labor that the chemicals are covered by other federal or state laws and regulations.
34-13-18. (a) Any complaint of a violation of any provision of this chapter shall be filed in writing with the Commissioner. Any such complaint shall be investigated in a timely manner by the Commissioner or the Commissioner's designated representative.
(b) Duly designated representatives of the Commissioner, upon presentation of appropriate credentials to the employer, shall have the right of entry into any workplace, business, or facility at reasonable times to inspect and investigate complaints within reasonable limits and in a reasonable manner.

1428

JOURNAL OF THE HOUSE,

(c) Employers found to be in violation of this chapter shall be given 14 days following receipt of written notification of the violation to comply with this chapter. Employers not complying within 14 days following receipt of written notification of a violation shall be subject to civil penalties of not more than $1,000.00 per violation. Each day the violation continues shall constitute a separate offense. The enforcement of such penalties shall be subject to and in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
Section 2. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 1987.
(b) Subsection (b) of Code Section 34-13-8 shall become effective on July 1, 1986.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Clark of the 13th and Benn of the 38th move to amend the Committee substitute to HB 206 by adding a new Section 3 to read as follows:
"This Bill does not apply to farmers or employers employing 10 or less employees",
and renumber accordingly.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Aaron Adan,G
N Adams.M N Aiken Y Alford Y Alien Y Anderson YArgo
Athon Y Atkins
Auten
N Bailey Balkcom
N Bannister
Y Bargeron Y Barnett.B N Barnett.M YBeck N Benefield YBenn Y Birdsong N Bishop N Bolster Y Bostick
Y Branch Bray Brooks
N Brown.G NBuck
Burruss YByrd Y Carter
N Chambless Y Chance
Cheeks
N Childers

N Childs N Clark.B Y Clark,L
Colbert Coteman Y Colwell Connell N Cooper Y Copelan
N Couch YCox N Crawford Y Crosby
Cummings Daugherty Y Davis NDean N Dixon
NDobbs Y Dover N Dunn
Edwards Y Felton Y Floyd
Foster N Galer YGodbee N Goodwin Y Greene YGreer
N Groover N Hamilton Y Manner Y Harris Y Hasty Y Hays

Y Heard NHill Y Holcomb
Holmes N Hooks Y Home Y Hudson
Isakson
N Jackson.J N Jackson.N Y Jamieson
Johnson,D N Johnson,F Y Johnson,R
Johnson,S Y Kilgore Y Kingston
YLane,D Lane.R
N Lawler N Lawrence
Lawson NLee.C NLee,W Y Under YLogan
YLong Lord Lucas Lupton Maddox
N Mangum N Martin,C N Martin.J Y Matthews Y McDonald

N McKelvey McKinney
YMilam Y Milford
Y Moody Y Moore YMorton N Mostiler N Moultrie Y Mueller Y Oliver.C N Padgett N Pannell
Y Parham Y Parrish
Patten Y Peters
Pettit Phillips
N Pinkston Y Porter Y Rainey
Ramsey.T Y Ramsey.V N Randall
Ransom
YRay Y Reaves N Redding N Richardson
Robinson.C N Robinson.P
NRoss Y Royal
Y Russell Y Selman

On the adoption of the amendment, the ayes were 75, nays 67. The amendment was adopted.

Y Shepard Y Sherrod N Sinkfleld
Y Sizemore Y Smith.L Y Smith.P Y Smith,T
Smyre YSnow N Stancil
N Steinberg Y Thomas.C N Thomas.M N Thompson N Townsend
Triplett Y Twiggs N Waddle N Waldrep N Walker.C
N Walker.L N Wall
Ware N Watson
N Watts White
Y Wilder N Williams.B Y Williams,J Y Williams,R N Wilson N Wood N Workman
N Yeargin Young Murphy,Spkr

MONDAY, FEBRUARY 24, 1986

1429

The following amendments were read and adopted:

Representative Alford of the 57th moves to amend the Committee substitute to HB 206 by adding on page 6, at the end of the sentence on line 17 the following:
"This subsection shall not be construed to place responsibility on any person, firm, or corporation other than contractors and subcontractors."

Representatives Brown of the 88th, Martin of the 26th, White of the 132nd and others move to amend the House Committee on Industrial Relations substitute to HB 206 by deleting from line 21 of page 2 the following:
"by May, 1986,". By deleting from line 23 of page 2 the following: "hazard communication". By striking line 21 of page 5, which reads as follows: "the provisions of this chapter.", and inserting in its place the following: "the provisions of this chapter except for the provisions of Code Section 34-13-13." By striking lines 3 through 5 of page 7, which read as follows: "request as required in the Occupational Safety and Health Administration standard or subsection (c) of this Code section, an employee or a recognized or certified", and inserting in its place the following: "request as required by subsection (c) of this Code section, an employee or a certified". By deleting from lines 8 and 9 of page 8 the following: "or the Occupational Safety and Health Administration standard". By deleting from lines 25 through 28 of page 9 the following: "required of manufacturing employers pursuant to 29 CFR Section 1910.1200(e) and (h) and the education and training program". By deleting from lines 30 and 31 of page 9 the following: "29 CFR Section 1910.1200(e) and (h) and". By striking line 12 of page 10, which reads as follows: "during calendar year 1987.", and inserting in its place the following: "during the 12 month period following the effective date of this chapter." By striking from line 11 of page 11 the following: "pursuant to requirements stated", and inserting in its place the following: "as required". By deleting from lines 12 and 13 of page 11 the following:

1430

JOURNAL OF THE HOUSE,

"set forth in 29 CFR Part 1910.1200(i)(2)".
By deleting from line 11 of page 13 the following: "to".
By striking from line 25 of page 13 the following: "(a)",
and inserting in its place the following: "(b)".
By deleting from lines 4 through 28 of page 14 the following:
"34-13-14. (a) (1) Employers shall compile and maintain a workplace chemical list which shall contain the following information for each hazardous chemical known to be present in the workplace:
(A) The chemical name or common name used on the material safety data sheet and the container label;
(B) The chemical abstracts service number for such hazardous chemical if such number is included on the material safety data sheet; and
(C) The work area or workplace in which the hazardous chemical is normally used or stored. (2) The workplace chemical list shall be maintained by the employer for not less than 30 years. Complete records pertinent to the workplace chemical list shall be sent to the Commissioner if the employer generating such list ceases to operate a business within the state. (3) The workplace chemical list shall be filed with the Commissioner no later than July 1, 1987, and shall be updated as necessary but not less than annually thereafter."
By striking from line 29 of page 14 the following: "(b)",
and inserting in its place the following:
"34-13-14. (a)".
By striking from lines 21 and 22 of page 15 the following:
"July 1, 1987",
and inserting in its place the following:
"January 1, 1988".
By striking from line 24 of page 15 the following: "(c)",
and inserting in its place the following: "(b)".
By striking from line 28 of page 15 the following: "(d)",
and inserting in its place the following: "(c)".
By striking from line 1 of page 16 the following:

MONDAY, FEBRUARY 24, 1986

1431

"(e)",

and inserting in its place the following: "(d)".

Representatives Brown of the 88th and Martin of the 26th move to amend the House Committee on Industrial Relations substitute to HB 206 by striking on line 10 of page 12 the following:
"Employers", and inserting in lieu thereof the following:
"Upon request of the local emergency officials, employers". By striking on line 16 of page 12 the following: "Each",
and inserting in lieu thereof the following: "Upon request of the local emergency officials, each".
Representative Martin of the 26th moved that the House reconsider its action in adopting the Clark-Benn amendment.
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
Alien N Anderson N Argo
Athon N Atkins N Auten Y Bailey N Balkcom Y Bannister N Bargeron N Barnett.B Y Barnett.M
NBeck Y Benefield NBenn Y Birdsong Y Bishop Y Bolster
Bostick N Branch
Bray Brooks Y Brown.G YBuck Burruss NByrd
N Carter N Chambless Y Chance
Cheeks Y Childers

Y Childs Y Clark,B N Clark.L
Colbert N Coleman
N Colwell Connell
Y Cooper N Copelan Y Couch NCox Y Crawford N Crosby Y Cummings
Daugherty Davis YDean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards N Felton Y Floyd N Foster YGaler NGodbee Y Goodwin
N Greene NGreer Y Groover Y Hamilton N Hanner Y Harris N Hasty NHays

N Heard NHill Y Holcomb
Holmes Y Hooks
N Home N Hudson N Isakson N Jackson^J Y Jackson.N N Jamieson
Johnson,D Y Johnson,F Y Johnson.R
Johnson,S Y Kilgore N Kingston
Y Lane,D Y Lane.R N Lawler
Y Lawrence N Lawson
YLee.C YLee,W N Under
NLogan NLong
Lord Y Lucas
Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J N Matthews
N McDonald

On the motion, the ayes were 81, nays 71. The motion prevailed.

Y McKelvey McKinney
YMilam
Milford N Moody N Moore NMorton Y Mostiler Y Moultrie Y Mueller N Oliver.C
Y Padgett Y Pannell N Parham NParrish
Patten N Peters Y Pettit
Phillips N Pinkston
N Porter YRainey
Ramsey.T N Ramsey.V YRandall N Ransom NRay N Reaves Y Redding Y Richardson
Robinson.C Y Robinson,? YRoss
N Royal Y Russell YSelman

N Shepard N Sherrod Y Sinkfield N Sizemore N Smith,L Y Smith,P N Smith,T
YSmyre NSnow
Y Stancil Y Steinberg N Thomas.C Y Thomas.M Y Thompson
Townsend
Triplett NTwiggs Y Waddle
Y Waldrep Y Walker.C N Walker.L Y Wall N Ware Y Watson N Watts
White Y Wilder Y Williams,B N Williams.J N Williams,R Y Wilson N Wood Y Workman N Yeargin
Young
Murphy,Spkr

1432

JOURNAL OF THE HOUSE,

The Clark-Benn amendment was again read.

The following amendment was read and adopted:

Representative Childers of the 15th moves to amend the Clark-Benn amendment to HB 206 by striking the words "or employers employing 10 or less employees."

The Clark-Benn amendment, as amended, was adopted.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M Y Aiken Y Alford Y Alien Y Anderson
Y Argo Athon
Y Atkins
Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M N Beck
Y Benefleld YBenn
Y Birdsong Y Bishop Y Bolster
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 N Colwell
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 Ployd Y Foster Y Galer Y Godbee Y Goodwin Y Greene
Y Greer Y Groover Y Hamilton Y Manner
Y Harris Y Hasty NHays

Y Heard YHill Y Holcomb Y Holmes Y Hooks
Y Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N 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 Y Linder Y Logan
YLong Lord
Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald

Y McKelvey Y McKinney Y Milam
Milford
Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller N Oliver.C Y Padgett Y Pannell
Parham Y Parrish
Patten
Y Peters Y Pettit
Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall
N 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,? N Smith.T Y Smyre YSnow Y Stancil Y Steinberg Y Thomas.C
Y Thomas.M Y Thompson
Townsend 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 N Williams,J Y Williams,R Y Wilson Y Wood Y Workman Y Yeargin
Young Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 150, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Young of the 134th stated that she had been called from the floor of the House during the preceding roll call. She wished to vote "aye" thereon.

Representative Brooks of the 34th stated that he had been called from the floor of the House during the preceding roll call. He wished to vote "aye" thereon.

MONDAY, FEBRUARY 24, 1986

1433

By unanimous consent, HB 206, by substitute, as amended, was ordered immediately transmitted to the Senate.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Special Judiciary and referred to the Committee on Judiciary:

HB 1906. By Representatives Johnson of the 72nd and Bailey of the 72nd:
A bill to amend Code Section 17-10-8 of the Official Code of Georgia Annotated, relating to the fine that may be imposed in a felony case as a condition to probation, so as to change the amount that a defendant may be fined.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 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 Annotated, relating to reimbursement for mileage and travel expenses for public officials and employees, so as to change the mileage 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:

Y Aaron Adams.G
Y Adams.M Y Aiken
Alford Y Alien Y Anderson YArgo
Athon N Atkins YAuten Y Bailey
Balkcom N Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Boetick
Y Branch Bray Brooks Brown.G
YBuck Burruss
Byrd Y Carter
Chambless Y Chance Y Cheeks N Childera

Y Childs Y Clark.B Y Clark,L Y Colbert Y Coleman
Y Colwell Connell
Y Cooper YCopelan Y Couch YCoi
Crawford
Y Crosby Y Cummings
Daugherty Davis Dean Y Dixon YDobbs Y Dover YDunn
Y Edwards N Felton Y Floyd
Y Foster YGaler Y Godbee Y Goodwin YGreene YGreer Y Groover Y Hamilton
Manner
Y Harris Y Hasty YHays

Y Heard NHill Y Holcomb Y Holmes
Y Hooks Home
Y Hudson Isakson
Y Jackson.J Y Jackson.N
Jamieson Johnson,D Y Johnson,F
Y Johnson,R Johnson.S
Y Kilgore Kingston Lane.D
Y Lane,R Y Lawler Y Lawrence YLawson YLee.C YLee,W Y Linder YLogan
YLong Lord
Y Lucas Lupton
Y Maddox Y Mangum Y Martin.C Y MartinJ Y Matthews
McDonald

N McKelvey Y McKinney YMilam
Y Milford
Moody Y Moore YMorton Y Mostiler
Moultrie Mueller Y Oliver.C Y Padgett Y Pannell Parham
Y Parrish Patten
Y Peters Pettit Phillips Pinks ton
Y Porter Y Rainey Y Ramsey.T YRamsey.V
Randall
N Ransom YRay Y Reaves Y Redding Y Richardson
Robinson,C Y Robinson.P
YRoss Y Royal Y Russell
YSelman

On the passage of the Bill, the ayes were 129, nays 9.

N Shepard
Y Sherrod Y Sinkfield Y Sizemore Y Smith,L
Y Smith,P Smith.T
YSmyre YSnow
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 YWare Y Watson Y Watts
White N Wilder Y Williams.B Y Williams.J Y Williams,R Y Wilson
YWood Y Workman Y Yeargin Y Young
Murphy,Spkr

1434

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

HB 847. By Representatives Coleman of the 118th, Childers of the 15th, Smith of the 16th, McKelvey of the 15th and Porter of the 119th:
A bill to amend Code Section 43-6-12 of the Official Code of Georgia Annotated, relating to issuance of certain auctioneer licenses by reciprocity, so as to authorize the Georgia Auctioneers Commission to issue licenses to certain applicants who are nonresidents of this state.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of auctioneers, so as to change the provisions relating to the issuance of licenses to certain applicants who are nonresidents of this state; to provide for the applicability of Chapter 6 with respect to the regulation or licensing of auctioneers by any municipality, county, or other political subdivision; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of auctioneers, is amended by striking in its entirety Code Section 43-6-12, which reads as follows:
"43-6-12. (a) In connection with the application of a nonresident of this state for a license as an auctioneer or apprentice auctioneer, the commission may accept, in lieu of the qualifications otherwise required, the license as auctioneer or apprentice auctioneer issued to the applicant by the proper authority of the state of his domicile upon the payment by the applicant of the proper license fee and the filing with the commission of a duly certified copy of the license issued to the applicant by the other state. This Code section shall only apply to licensed auctioneers and apprentice auctioneers of those states under the laws of which similar recognition and courtesies are extended to licensed auctioneers and apprentice auctioneers of this state and if the licensing requirements of such state include the passing of an examination of equal or higher standards than those required by this state.
(b) Should such nonresident licensee become a resident of this state or desire to maintain a place of business in this state, he must secure a regular resident license in compliance with this article and rules of the commission governing original resident applicants, provided that, if another state requires a resident of this state to maintain a place of business in such other state, a resident of such other state shall maintain a place of business in this state and need not secure a regular resident license to maintain such place of business in this state.
(c) Prior to the issuance of a license to a nonresident auctioneer or apprentice auctioneer, such nonresident shall file with the commission a designation in writing that appoints the commission or a deputy to be designated by it to act as the licensee's agent upon whom all judicial and other process or legal notices directed to such licensee may be served. Service upon the agent so designated shall be equivalent to personal service upon the licensee. Copies of such appointment, certified by the commission chairman, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In such written designation, the licensee shall agree that any lawful process against the licensee which is served upon such agent shall be of the same legal force and validity as if served upon the licensee and that the authority shall continue in force so long as any liability remains outstanding in this state. Upon the receipt of all such process or notices, the commission or the deputy as designated by it shall immediately mail a copy of the same by certified mail to the last known business address of the licensee.

MONDAY, FEBRUARY 24, 1986

1435

(d) Nonresident licenses granted under reciprocal agreements, as provided for in this Code section, shall remain in force unless suspended or revoked by the commission for just cause or for failure to pay the renewal fee and only as long as a reciprocal agreement is in effect between this state and the resident state of the nonresident licensee.
(e) Any nonresident who is a resident of a state without a license law may obtain a nonresident license by meeting the age requirements and passing the auctioneer's examination provided for by Code Section 43-6-11. Such nonresident license shall be subject to the same requirement as other nonresident licenses under this Code section.", and inserting in lieu thereof the following:
"43-6-12. (a) Persons licensed as auctioneers under the laws of any other state having requirements similar to those in this chapter may, in the discretion of the commission, be issued a license to practice as an auctioneer in this state without written examination upon the payment of a fee as required by the commission.
(b) Any applicant who is a resident of a state which does not prescribe qualifications for licensure similar to those in this chapter may, in the discretion of the commission, qualify to take the examination without having completed the apprenticeship requirement, provided that such applicant exhibits to the commission that his experience and competency meet a minimum level equivalent to apprentice experience as prescribed in this chapter and by the commission in its rules.
(c) Prior to the issuance of a license to a nonresident auctioneer or apprentice auctioneer, such nonresident shall file with the commission a designation in writing that appoints the commission or a deputy to be designated by it to act as the licensee's agent upon whom all judicial and other process or legal notices directed to such licensee may be served. Service upon the agent so designated shall be equivalent to personal service upon the licensee. Copies of such appointment, certified by the commission chairman, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In such written designation, the licensee shall agree that any lawful process against the licensee which is served upon such agent shall be of the same legal force and validity as if served upon the licensee and that the authority shall continue in force so long as any liability remains outstanding in this state. Upon the receipt of all such process or notices, the commission or the deputy as designated by it shall immediately mail a copy of the same by certified mail to the last known business address of the licensee."
Section 2. Said chapter is further amended by adding between Code Sections 43-6-25 and 43-6-26 a new Code Section 43-6-25.1 to read as follows:
"43-6-25.1. Nothing in this chapter shall prohibit any lawful regulation or licensing of auctioneers by any municipality, county, or other political subdivision of this state; provided, however, that no such political subdivision shall license any auctioneer required to be licensed by this chapter unless such auctioneer has been approved for licensure by the commission as required in this chapter."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
YAdams,M
YAiken Alford
Y Alien YYAArngdoerson
Athon Y Atkins

Y Auten Y Bailey Y Balkcom
Y Bannister YBargeron
Y Barnett,B Y BBeacrknett.M YBenefield YBenn

Y Birdsong Y Bishop Y Bolster
Y Bostick Y Branch
Bray Y BBrrooowkns.G
Buck Y Burruas

Y Byrd Y Carter
Chambless
J hance Y Cheeks
19!^" YYCChairlkd.sB ^lafk'L Y Colbert

Y Coleman Y Colwe
^onnell
vr I Y Copelan
YP v^rrawfof rdA Y Crosby
Cummmgs

1436

JOURNAL OF THE HOUSE,

Daugherty Y Davis
Dean Y Dinon
Dobbs Y Dover
Dunn Y Edwards
Felton Y Floyd Y 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 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 Kilgofe 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
Lord Y Lucas Y Lupton

Maddoi Y Mangum Y Martin.C Y Martin,J Y Matthews
McDonald Y McKelvey Y McKinney Y Milam Y Milford Y Moody Y Moore Y Morion Y Mostiler
Moultrie Mueller Y Oliver.C Y Padgett
Y Pannell Parham
Y Parrish
Patten Y Peters
Pettit Phillips Pinkston

Y Porter Y Rainey
Ramsey.T Y Ramsey.V
Randall Ransom Y Ray 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.P Smith,T
Y Smyre Y Snow Y Stancil

Y Steinberg Thomas.C
Y Thomas.M Y Thompson
Townsend Y Triplet! 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 Williams,J Williams.R Wilson
Y Wood Y Workman Y Yeargin Y Young
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 139, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

HR 812. By Representative Murphy of the 18th:
A resolution commending the Tallapoosa Garden Club on its fiftieth anniversary.

Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 812 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 812. By Representative Murphy of the 18th:
A resolution commending the Tallapoosa Garden Club on its fiftieth anniversary.

The following Resolutions of the House were read and adopted:

MONDAY, FEBRUARY 24, 1986

1437

HR 813. By Representatives Thompson of the 20th and Bailey of the 72nd: A resolution commending the Georgia Sheriffs' Association.

HR 814. By Representatives Thompson of the 20th and Bailey of the 72nd: A resolution commending the Peace Officers' Association of Georgia.

HR 815. By Representatives Peters of the 2nd and Ramsey of the 3rd: A resolution commending the Ringgold Chamber of Commerce.

HR 816. By Representatives Argo of the 68th and Logan of the 67th: A resolution honoring the University of Georgia Lady Bulldog Golf Team.

HR 817. By Representatives Argo of the 68th and Logan of the 67th:
A resolution honoring the University of Georgia Lady Bulldog Volleyball Team.

HR 818. By Representatives Argo of the 68th and Logan of the 67th:
A resolution commending the Georgia academic decathlon team and its coaches and inviting them to appear before the House of Representatives.

HR 819. By Representatives Argo of the 68th and Logan of the 67th: A resolution honoring University of Georgia Athletic Ail-Americans.

HR 820. By Representatives Argo of the 68th and Logan of the 67th:
A resolution commending the Lady Bulldog Basketball Team of the University of Georgia.

HR 821. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A resolution congratulating Mr. and Mrs. R. L. Crompton on their 70th wedding anniversary.

HR 822. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A resolution commending Honorable Lamar Hutcheson.

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 1907 Do Pass HB 1913 Do Pass HB 1914 Do Pass

SB 425 Do Pass SB 479 Do Pass SB 481 Do Pass

1438

JOURNAL OF THE HOUSE,

Respectfully submitted, Is/ 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 1907. By Representatives Thompson of the 20th, Cooper of the 20th, Atkins of the 21st, Isakson of the 21st and Johnson of the 21st:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges of the state court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1913. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Tift County, so as to change the composition of that board and provide for commissioner districts therefor and elections therefrom; to provide for the powers, duties, and obligations 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.

HB 1914. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act providing for the Tift County Board of Education, so as to provide for the composition of the Board of Education of Tift County and provide for education districts therefor and elections therefrom; to provide for the powers, duties, and obligations 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.

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

MONDAY, FEBRUARY 24, 1986

1439

On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

The report of the Committee, which was favorable to the passage of the Bill, was 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 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.

The report of the Committee, which was favorable to the passage of the Bill, was 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 Reaves of the 147th District, Chairman of the Committee on Agriculture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1984 Do Pass
Respectfully submitted, /si 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 following recommendation:
HB 1687 Do Pass, by Substitute

1440

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Childers of the 15th
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 1602 Do Pass SB 456 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Acting Chairman

Representative Wilson of the 20th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr, Speaker:
Your Committee on Ways & Means has had under consideration the following Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1785 Do Pass SR 330 Do Pass, by Substitute
Respectfully submitted, /s/ Wilson of the 20th
Chairman

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

Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

HB 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 Annotated, relating to disciplinary sanctions by the Composite State Board of Medical Examiners, so as to require that board to investigate a licensee's fitness 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 following communication from the Honorable Max Cleland, Secretary of State, was received and read:

MONDAY, FEBRUARY 24, 1986

1441

Secretary of State 214 State Capitol
Atlanta 30334
February 21, 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 21, 1986, as of 3:00 p.m. this date. The list is numbered 602 through 610.
With best wishes, I am
Most sincerely, /s/ 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 names and addresses of those persons, numbered 602 through 610, who have registered in the Docket of Legislative Appearance as of February 21, 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 21st 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

602. Guy Slappey United Transportation Union Route 6, Box 320 Thomasville, Georgia 31792
603. Susan E. Calhoun Georgia PTA 303 Skyline Drive Cohutta, Georgia 30710

604. Margaret Ball REGISTERED AGENT Georgia PTA Dalton-Whitfield Chamber of Commerce 2475 Dug Gap Road, S.W.
Dalton, Georgia 30720

1442

JOURNAL OF THE HOUSE,

605. Bobby E. Hall Georgia PTA 3554 South Dixie Hwy. Dalton, Georgia 30701
606. Pat Gardner Ga. Psychological Assn. 100 Edgewood, Suite 1250 Atlanta, Georgia 30303
607. Aaron Baranan Ansley Pavilion 560 St. Charles Avenue Atlanta, Georgia 30308

608. Thomas L. Osborne Southeastern Independent Oil Marketers Assn. 6045 Barfield Road, N.E. #104 Atlanta, Georgia 30328
609. Kenneth C. S. Cruickshank Informed Health Care National Health Foundation 2121 Hewatt Road Snellville, Georgia 30084
610. John C. Millican C.I.G.N.A. 3150 Holcomb Bridge Road #410 Norcross, Georgia 30071

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.

TUESDAY, FEBRUARY 25, 1986

1443

Representative Hall, Atlanta, Georgia Tuesday, February 25, 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 Bill O'Conner, Pastor, First Baptist Church, Jackson, 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 of the House were introduced, read the first time and referred to the committees:
HB 2003. By Representatives Alford of the 57th, Watson of the 114th and Robinson of the 58th: A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to provide a procedure for levying and collecting maintenance fees for certain enhanced emergency telephone number "911" systems directly from subscribers of telephone service.
Referred to the Committee on Industry.
HB 2004. By Representative Russell of the 64th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Barrow 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.

1444

JOURNAL OF THE HOUSE,

HB 2005. By Representative Maddox of the 7th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Gordon 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.

HB 2006. By Representatives Williams of the 6th, Foster of the 6th and Ramsey of the 3rd:
A bill to amend an Act creating the board of commissioners of Whitfield County, so as to change the composition and method of election of the board of commissioners of Whitfield County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2007. By Representative Cummings of the 17th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Rockmart Development Authority (Res. Act No. 48).
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2008. By Representative Greene of the 130th:
A bill to amend an Act creating a new charter for the City of Richland in the County of Stewart, so as to include certain property in the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2009. By Representatives Twiggs of the 4th, Jamieson of the llth, Colwell of the 4th and Dover of the llth:
A bill to amend an Act providing for an investigator for the District Attorney of the Mountain Judicial Circuit, so as to change the provisions relating to the compensation of the investigator.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2010. By Representative Carter of the 146th:
A bill to provide for the election of the members of the Cook County Board of Education; to provide for election districts; to provide for election of the chairman.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2011. By Representative Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Cook County, so as to provide for the election of a five-member board of commissioners; to provide for commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2012. By Representatives Isakson of the 21st, Johnson of the 21st, Wilson of the 20th, Burruss of the 20th, Wilder of the 21st and others:

TUESDAY, FEBRUARY 25, 1986

1445

A bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, so as to provide for the appointment of members of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2013. By Representative Royal of the 144th:
A bill to amend an Act providing a new charter for the City of Pelham, so as to provide for the election and terms of the mayor and council members; to provide for districts and election from districts; to provide for residency requirements.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2014. By Representative Royal of the 144th:
A bill to amend an Act providing a new charter for the City of Pelham, so as to provide for the election and terms of office of the board of education of the public school system of the city; to provide for residency requirements.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2015. By Representatives Coleman of the 118th, Walker of the 115th, Dixon of the 151st and Ramsey of the 3rd:
A bill to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fireworks, so as to change the definition of the term "fireworks"; to authorize and direct the Safety Fire Commissioner to promulgate safety regulations relating to the manufacture, storage, and transportation of fireworks within this state.
Referred to the Committee on Public Safety.

HB 2016. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act creating a board of commissioners for Habersham County, so as to change the compensation of the chairman and the members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2017. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act placing the clerk of the Superior Court of Bulloch County on an annual salary, so as to change the compensation of the employees of the clerk.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2018. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act placing the judge of the Probate Court of Bulloch County upon an annual salary, so as to change the compensation of the clerk of the judge of the probate court; to provide for part-time employees.
Referred to the Committee on State Planning & Community Affairs - Local.

1446

JOURNAL OF THE HOUSE,

HB 2019. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act creating the office of tax commissioner of Bulloch County, so as to change the compensation of the assistants of the tax commissioner; to provide for part-time clerical employees.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2020. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act placing the coroner of Bulloch County on an annual salary, so as to change the compensation of the coroner; to provide for travel expenses.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2021. By Representatives Watts of the 41st, Kilgore of the 42nd and Lee of the 70th:
A bill to amend an Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, so as to change the compensation of the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2022. By Representative Smith of the 78th:
A bill to amend an Act creating a board of commissioners of Butts County, so as to provide for the selection of a vice chairman to act in the absence of the chairman; to provide for vacancies if members move their residence from the district from which they were elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2023. By Representative Edwards of the 112th:
A bill to amend an Act providing for education districts for the election of members of the board of education of Marion County, so as to provide for the manner of electing the first and subsequent members of the board of education of Marion County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2024. By Representative Edwards of the 112th:
A bill to amend an Act creating a board of commissioners of Marion County, so as to reapportion the commissioner districts in said county; to provide for the election of members of the board of commissioners from commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2025. By Representatives Chambless of the 133rd, Balkcom of the 140th and Young of the 134th:
A bill to amend an Act creating the Dougherty Judicial Circuit, so as to change the county supplements for the judges of that circuit.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2026. By Representatives Chambless of the 133rd, Balkcom of the 140th and Young of the 134th:

TUESDAY, FEBRUARY 25, 1986

1447

A bill to amend an Act creating the State Court of Dougherty County, formerly known as the City Court of Albany, so as to change provisions concerning costs and fees.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2027. By Representatives Chambless of the 133rd, Balkcom of the 140th and Young of the 134th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Dougherty 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.

HB 2028. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
A bill to increase the homestead exemption from county ad valorem taxes for residents of Clayton County who own and occupy their residences; to increase the homestead exemption from county ad valorem taxes for residents of Clayton County who are 65 years of age or over and who own and occupy their residences if the net income of said residents does not exceed $4,000.00 for the immediately preceding taxable year.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2029. By Representatives Lee of the 72nd, Johnson of the 72nd, Bailey of the 72nd, Holcomb of the 72nd and Benefield of the 72nd:
A bill to provide that the term of office of the chairman of the board of education of Clayton County shall be two years; to provide that the chairman shall be eligible for reelection to subsequent terms of office; to provide for filling vacancies in the office of chairman.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2030. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act changing the composition of and manner of selection of the members of the board of education of Clayton County, so as to change the method of filling vacancies on the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2031. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the method of selecting the vice-chairman; to change the compensation of the chairman and other members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2032. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:

1448

JOURNAL OF THE HOUSE,

A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, so as to change the county supplement to the state salary of said judges.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2033. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2034. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers; to change the compensation of the deputy clerk of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2035. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act creating the State Court of Clayton County, so as to create the office of deputy clerk of the State Court of Clayton County; to authorize the clerk of the State Court of Clayton County to appoint and fix the compensation of said deputy clerk.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2036. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relative to the compensation of the tax commissioner; to change the provisions relative to the compensation of the deputy tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2037. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act providing for the compensation and expenses of the coroner of Clayton County, so as to change the compensation of the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2038. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 25, 1986

1449

HB 2039. By Representatives Bailey of the 72nd, Benefield of the 72nd, Lee of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
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 and school superintendent of Clayton County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2040. By Representatives Bailey of the 72nd, Benefield of the 72nd, Lee of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
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 creation of a civil service system for all persons other than elected officials whose wages or salaries are paid in whole or part out of the funds of Clayton County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2041. By Representatives Bailey of the 72nd, Benefield of the 72nd, Lee of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
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 licensing and regulation of businesses in the unincorporated areas of Clayton County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2042. By Representatives Bailey of the 72nd, Benefield of the 72nd, Lee of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
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 empower the governing authority of Clayton County to adopt ordinances and to provide penalties for violating ordinances.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2043. By Representatives Bailey of the 72nd, Benefield of the 72nd, Lee of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes Clayton County to incur additional indebtedness and issue bonds for the purpose of establishing a system of waterworks and sewerage.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2044. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and others:
A bill to amend an Act establishing a new charter for the City of College Park, so as to annex certain contiguous property into the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

1450

JOURNAL OF THE HOUSE,

HB 2045. 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 change certain provisions relating to the creation of the authority; to change certain provisions relating to the issuance of revenue bonds; to change certain provisions relating to the negotiability of revenue bonds.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2046. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act placing the sheriff of Bulloch County upon an annual salary, so as to change the compensation of the deputies and office clerk of the sheriff; to authorize the sheriff to expend county funds in excess of certain limitations with the approval of the board of county commissioners in order to comply with the overtime pay provisions of the federal Fair Labor Standards Act.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2047. By Representatives Hasty of the 8th and Anderson of the 8th:
A bill to amend Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to eligibility and qualifications for civil office, so as to provide preference for certain disabled individuals in state government or any political subdivision thereof.
Referred to the Committee on Rules.

HB 2048. By Representatives Chambless of the 133rd, Childers of the 15th and Hooks of the 116th:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to provide for the performance of certain duties by dental hygienists.
Referred to the Committee on Health & Ecology.

HB 2049. By Representative Edwards of the 112th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to prohibit certain conduct relating to the administration of tests and the testing of students or educators; to prohibit falsifying full-time-equivalent counts.
Referred to the Committee on Education.

By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:

HB 1965 HB 1966 HB 1967 HB 1968 HB 1969 HB 1970 HB 1971 HB 1972 HB 1973 HB 1974

HB 1975 HB 1976 HB 1977 HB 1978 HB 1979 HB 1980 HB 1981 HB 1982 HB 1983 HB 1984

TUESDAY, FEBRUARY 25, 1986

1451

HB 1985 HB 1986 HB 1987 HB 1988 HB 1989 HB 1990 HB 1991 HB 1992 HHBB 11999934
HB 1995
HB 1996
HB 1997
HB 1998
HB 1999
HB 2000

HB 2001 HB 2002 HR 795 SB 273 SB 355 SB 459 CR AQK P *?? *hB* f55l2
SB 566
SB 56?
SB 568
SB 569
SB 571
SB 572

Representative Ross of the 82nd District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

SB 416 Do Pass SB 474 Do Pass

HR 109 Do Pass HB 98 Do Pass, by Substitute

Respectfully submitted, /s/ Ross of the 82nd
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 314 Do Pass
Respectfully submitted, /s/ Watson of the 114th
Chairman

Representative Ware of the 77th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 447 Do Pass, by Substitute

1452

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Ware of the 77th
Chairman

Representative Phillips of the 120th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 411 Do Pass SB 450 Do Pass, by Substitute
Respectfully submitted, Is/ Phillips of the 120th
Chairman

Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1986 Do Pass HB 2001 Do Pass HR 715 Do Pass
Respectfully submitted, /s/ 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 1493 Do Pass, as Amended HB 1939 Do Pass HB 1942 Do Pass HB 1943 Do Pass HB 1944 Do Pass HB 1945 Do Pass HB 1946 Do Pass HB 1948 Do Pass HB 1949 Do Pass HB 1950 Do Pass

HB 1951 Do Pass HB 1956 Do Pass HB 1957 Do Pass HB 1958 Do Pass HB 1959 Do Pass HB 1960 Do Pass HB 1961 Do Pass HB 1963 Do Pass HB 1964 Do Pass SB 550 Do Pass, as Amended

TUESDAY, FEBRUARY 25, 1986

1453

Respectfully submitted, /s/ Richardson of the 52nd
Sub-Committee Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 25, 1986
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 32nd Legislative Day as enumerated below:
HB 1247 Insurance Agents: Fees For Certain Services HB 1276 Local Boards of Education: Disciplinary Matters: Appeals HB 1300 General Appropriations: FY 1986-87 HB 1524 Health: Blood Donations: Requirements HB 1602 Traffic Offenses: Conviction Record: Forwarding Fee HB 1684 Local Retirement Systems: Investments HB 1687 Level II Dental Hygienists: Licensing HB 1742 Property: Gov. Agencies Judicial Actions HB 1785 County Board of Tax Assessors: Membership HB 1818 Indigent Defense: Liability of Attorney HB 1839 Apartment Complex: Eligible HSG Units: Certain Persons HB 1888 Public Property: Filing Of Conveyances: Amend Provisions HB 1917 Driver's License: Hab. Violator Status: Moving Violations HB 1938 Sapelo Island Heritage Authority: Hog Hammock Community
HR 125 Public School Emp. Retirement: Health Insurance: Retirees HR 517 U.S. Constitution: Urge Amendment: Silent Prayer In Schools HR 688 Spec. Agriculture Study Committee: Create HR 794 Carroll County Gov. Authority Study Committee: Create
SB 45 Driver's License Record: Access: Certain Persons SB 330 Financial Institutions: Currency Transact: Reports
SR 361 Culver Kidd Med./Surgical Building: Designation
ALL APPROPRIATIONS COMMITTEE APPROVED COMPENSATION RESOLUTIONS
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

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 portion of the City of Atlanta lying within DeKalb County.

1454

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs moves to amend HB 1493 by striking from line 7 of page 1 the following:
"repeal",
and inserting in its place the following:
"change".
By striking from line 26 of page 1 the following:
"repealing",
and inserting in its place the following:
"striking".
By striking line 7 of page 2 and inserting in its place the following:
"and inserting in lieu thereof the following:
'In the event the county-wide library system shall discontinue to use any real property transferred pursuant to this section for a library facility or service, the property shall be disposed of by Fulton County after a public hearing, and the proceeds of such disposal shall be used for the county-wide library system.'"
By striking lines 4 and 5 of page 3 and inserting in their place the following:
"valorem taxes, including fines and fees for overdue, lost, and damaged books, nonresident membership fees, service charges paid by municipalities utilizing the Fulton County library system, State of Georgia grants, federal grants, or both, dedicated for library operations, funds available from the sale of library property initially owned by the City of Atlanta, and any other sources directly associated with Fulton County's operation of the library system, as shown by the annual Fulton County budget;".

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 1939. By Representative Crawford of the 5th:
A bill to amend an Act consolidating the laws chartering the City of Summerville in Chattooga County and granting a new charter for said city, so as to change the provisions relating to the corporate limits of the City of Summerville.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 25, 1986

1455

HB 1942. By Representatives Mostiler of the 75th and Johnson of the 76th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Spalding County during designated registration periods as provided in Code Section 40-2-20.1 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1943. By Representative Cummings of the 17th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Cedartown Development Authority (Res. Act No. 169).

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1944. By Representative Ray of the 98th: A bill to create the Peach County Water and Sewerage 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 1945. By Representative Parrish of the 109th:
A bill to create and incorporate the City of Nunez in the County of Emanuel and grant a charter to that municipality under that corporate name and style.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1946. By Representative Maddox of the 7th:
A bill to provide for the compensation of the coroner of Gordon 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.

1456

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 1948. By Representatives Lee of the 70th, Thomas of the 69th and Shepard of the 71st:
A bill to provide for the compensation and expenses of the chairperson and members of the Board of Education of Carroll County; to provide for practices and procedures in connection 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1949. By Representative Peters of the 2nd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change the compensation of the members of said 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 1950. By Representative Peters of the 2nd:
A bill to amend an Act creating the office of commissioner of Catoosa County, so as to provide for hospitalization insurance for certain elected officers of the county to be continued after they cease to hold office; to provide conditions for such insurance, including the payment of the full cost thereof by such officers.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1951. By Representative Peters of the 2nd:
A bill to amend an Act placing the judge of the Probate Court of Catoosa County on an annual salary in lieu of fees, so as to increase the clerical help allowance of the judge of the probate 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.

TUESDAY, FEBRUARY 25, 1986

1457

HB 1956. By Representatives Barnett of the 59th, Wall of the 61st, Goodwin of the 63rd, Lawson of the 9th, Wood of the 9th and others:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Gwinnett County during designated registration periods as provided in Code Section 40-2-20.1 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1957. By Representatives Lane of the lllth and 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 Bulloch County during designated registration periods as provided in Code Section 40-2-20.1 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1958. By Representatives Kilgore of the 42nd, Watts of the 41st and Lee of the 70th:
A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to specify that the mayor of the City of Douglasville and the chairman of the board of commissioners of Douglas County shall have full voting rights as 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 1959. By Representative Birdsong of the 104th:
A bill to provide that future school superintendents of the Twiggs County School District shall be appointed by the board of education rather than 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.

1458

JOURNAL OF THE HOUSE,

HB 1960. By Representative Birdsong of the 104th: A bill to provide a new charter for the City of Ivey.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1961. By Representatives Mostiler of the 75th and Johnson of the 76th:
A bill to amend an Act abolishing the fee system as the mode of compensation of the Coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, 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.

HB 1963. By Representatives Aiken of the 21st, Atkins of the 21st, Johnson of the 21st, Wilder of the 21st, Cooper of the 20th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the county supplement for the district attorney; to change the provisions relative to the compensation of the chief investigator and the other investigators.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1964. By Representatives Logan of the 67th, Argo of the 68th, Clark of the 13th and Milford of the 13th:
A bill to amend an Act establishing a City Court in the County of Clarke, now known as the State Court of Clarke County, Georgia, so as to provide for compensation of the judge 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.

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 compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.

TUESDAY, FEBRUARY 25, 1986

1459

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs moves to amend SB 550 by striking the figure "$32,500.00" on line 16 of page 1 and inserting in its place the figure "$35,200.00".
By striking the figure "$34,125.00" on line 21 of page 1 and inserting in its place the figure "$36,960.00".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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 573. By Senator Kidd of the 25th:
A bill to authorize the governing authority of Jasper 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.

SB 574. By Senator Kidd of the 25th:
A bill to amend an Act creating a board of commissioners for Jasper County, so as to change the compensation of the chairman and other members of said board.

SB 577. By Senators Barnes of the 33rd, Harrison of the 37th and Tolleson of the 32nd:
A bill to amend an Act changing the compensation of the clerk of superior court, the sheriff, and the probate judge of Cobb County from the fee system to the salary system, so as to fix the salary of the chief deputy to the sheriff of Cobb County; to fix the compensation of the chief investigator for Cobb County.

SB 578. By Senators Harrison of the 37th, Brantley of the 56th, Tolleson of the 32nd and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge and the clerk of the probate court.

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.

1460

JOURNAL OF THE HOUSE,

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.

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.

HB 1569. 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 the General Assembly may grant to the governing authority of Chatham County the right to provide for the construction and maintenance of streets, sidewalks, and curbing within any subdivision of the county located outside the corporate limits of any municipality where lots have been subdivided.

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.

HB 1645. By Representatives Hamilton of the 124th, Pannell of the 122nd, Triplett of the 128th, Johnson of the 123rd and Kingston of the 125th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Mayor and Aldermen of the City of Savannah to issue bonds without a referendum under certain conditions (Resolution Act No. 244).

HB 1646. By Representatives Hamilton of the 124th, Pannell of the 122nd, Triplett of the 128th, Johnson of the 123rd and Kingston of the 125th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Mayor and Aldermen of the City of Savannah to issue bonds without a referendum under certain conditions (Resolution Act No. 63).

HB 1647. By Representatives Hamilton of the 124th, Pannell of the 122nd, Triplett of the 128th, Johnson of the 123rd, Alien of the 127th 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 Downtown Savannah Authority.

HB 1648. 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 creating the Savannah Airport Commission.

TUESDAY, FEBRUARY 25, 1986

1461

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.

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.

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.

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 authorized 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.

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.

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 compensation and per diem of such members.

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 District, so as to change the formula by which the proceeds of such tax are to be allocated between said two school systems.

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.

1462

JOURNAL OF THE HOUSE,

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.

HB 1562. 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 authorizing the designation of judges pro hac vice in the Eastern Judicial Circuit of Georgia.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:

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.

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 Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

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 Annotated, 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 unincorporated areas of counties.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the House and Senate:

SR 376. By Senators Perry of the 7th, Turner of the 8th, Reddish of the 6th and others:
A resolution urging the Congress of the United States to propose an amendment to the Constitution of the United States to authorize the public schools to conduct a brief period of voluntary silent prayer, meditation, or contemplation at the opening of each school day.

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.

TUESDAY, FEBRUARY 25, 1986

1463

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 professionals in the processing and management of cases involving child abuse, sexual abuse, or sexual exploitation.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

HB 1146. By Representative Johnson of the 72nd:
A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court costs, so as to provide that 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 Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

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 officials regarding school buses, so as to authorize local school officials to allow the use of buses for other than school purposes under certain stated conditions.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:

SB 380. By Senators Harrison of the 37th, Tolleson of the 32nd and Brantley of the 56th:
A bill to amend Code Section 36-36-22.1 of the Official Code of Georgia Annotated, relating to limitations on certain municipalities to annex property pursuant to application by 60 percent of landowners and electors, so as to change the provisions relative to such limitations on such municipalities.

SB 475. By Senator Dawkins of the 45th:
A bill to amend Code Section 15-10-22 of the Official Code of Georgia Annotated, relating to qualifications of magistrates, so as to provide that a magistrate who does not exercise any of the criminal jurisdiction of the magistrate court and who is an attorney shall not be prohibited from appearing in any court in any criminal matter when engaged in the private practice of law.

SB 532. By Senator Kidd of the 25th:
A bill to amend Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Equipment Financing Authority Act," so as to change certain definitions; to change the provisions relating to

1464

JOURNAL OF THE HOUSE,

the administration of the authority; to change the provisions relating to staff of the authority and the duties of such staff.

SB 561. By Senator Greene of the 26th:
A bill to amend Code Section 15-6-25 of the Official Code of Georgia Annotated, relating to the employment, status, and compensation of secretaries of judges of the superior courts, so as to provide that the base salary of each secretary shall be established on a pay schedule beginning at Step 1 and ending at Step 7.

SB 562. By Senators Coleman of the 1st, Scott of the 2nd and Peevy of the 48th:
A bill to amend Article 2 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, known as the "Air Transportation Act," so as to provide that pilots employed by the Department of Transportation may not continue in employment past 65 years of age.

SB 563. By Senators Coleman of the 1st, Scott of the 2nd and Peevy of the 48th:
A bill to amend Code Section 32-2-3 of the Official Code of Georgia Annotated, relating to the development of transportation plans and public hearings, so as to provide that a facility, site, or project corridor hearing and a design hearing may be held simultaneously for a proposed facility.

SB 564. By Senators Coleman of the 1st, Scott of the 2nd and Peevy of the 48th:
A bill to amend Code Section 32-10-60 of the Official Code of Georgia Annotated, 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.

SB 570. By Senators Dawkins of the 45th, Barker of the 18th and Barnes of the 33rd:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to make unlawful the advertisement by an attorney that legal services are available on a contingent fee basis unless the advertisement identifies any payments which are required to be made to any person by clients retaining the attorney on a contingent fee basis.

HB 460. By Representative Ramsey of the 3rd:
A bill to amend Code Section 35-2-48 of the Official Code of Georgia Annotated, relating to the composition of the State Patrol Disciplinary Board and hearings by the board, so as to change the provisions relating to the composition of the State Patrol Disciplinary Board.

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 Annotated, 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 conditions.

TUESDAY, FEBRUARY 25, 1986

1465

SB 468. By Senators Langford of the 35th, Bond of the 39th and Walker of the 43rd:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to provide special procedures for the trial and imposition of sentences in certain cases in which the defendant is under 18 years of age; to provide for practices and procedures; to provide for psychiatric examinations and the use of the results thereof.

SB 497. By Senator Deal of the 49th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of physicians, osteopaths, and orthotists, so as to change comprehensively the provisions relating to the regulation of physicians, osteopaths, orthotists, and related matters; to provide that the Composite State Board of Medical Examiners shall be independent of the joint-secretary of the state examining boards.

HB 1159. By Representative Parham of the 105th:
A bill to amend Code Section 16-13-41 of the Official Code of Georgia Annotated, relating to prescriptions, and Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide that practitioners of the healing arts who dispense drugs shall comply with all record-keeping and labeling requirements imposed upon pharmacists and pharmacies.

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 Uniform Division of the Department of Public Safety.

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.

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 Annotated, relating to the definition of family violence, so as to change such definition.

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 Annotated, relating to salary and allowances of members and officers of the General Assembly, so as to change provisions relating to reimbursement for costs of air travel during the interim.

1466

JOURNAL OF THE HOUSE,

The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate:

SR 389. By Senators Foster of the 50th, Fincher of the 54th and Tate of the 38th:
A resolution creating the Joint Developmental Studies in Georgia Study Committee.

The Speaker Pro Tern assumed the Chair.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the
third time:

HB 1839. By Representative Isakson of the 21st:
A bill to amend Code Section 8-3-3.1 of the Official Code of Georgia Annotated, relating to definitions with regard to housing authorities, so as to change the definition of "eligible housing unit".

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
Athon Atkins
Y Auten Y Bailey Y Balkcom
Bannister Y Bargeron Y Barnett,B
Barnett,M YBeck Y Benefield
Benn Y Birdsong
Bishop Bolster Y Bostick
Y Branch YBray
Brooks Brown ,G YBuck Burruss
YByrd Y Carter Y Chambless Y Chance
Cheeks Y Childers

Childs Clark,B Y Clark.L Y Colbert Coleman Colwell Connell
Y Cooper Y Copelan Y Couch YCox Y Crawford
Crosby Y Cummings
Daugherty Davis Dean Y Dixon Y Dobbs Y Dover Y Dunn
Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin
Y Greene Y Greer
Groover Y Hamilton
Hanner Y Harris Y Hasty Y Hays

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
Y Lane.D Lane.R Lawler
Y Lawrence Y Lawson Y Lee.C Y Lee.W
Linder
YLogan Long
YLord Y Lucas Y Lupton
Maddox Y Mangum Y Martin.C
Martin.J Y Matthews
McDonald

Y McKelvey McKinney
Y Milam Milford
Y Moody Y Moore
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 Y Randall Y Ransom
Ray Y Reaves
Y Redding Richardson
Robinson.C Robinson.P Ross
Y Royal Russell Selman

Y Shepard
Y Sherrod Y Sinkfield
Y Sizemore Y Smith.L
Smith.P Smith.T
Y Smyre YSnow
Y Stancil Y Steinberg
Y Thomas.C Thomas.M
Y Thompson Y Townsend
Y Triplett Twiggs
Y Waddle Y Waldrep
Walker.C
Y Walker.L Y Wall
Ware Y Watson
Watts White Wilder Williams.B Y Williams,J Y Williams,R
Y Wilson Y Wood
Workman Yeargin Young Murphy.Spkr

On the passage of the Bill, the ayes were 119, nays 0. The Bill, having received the requisite constitutional majority, was

TUESDAY, FEBRUARY 25, 1986

1467

HB 1602. By Representatives Buck of the 95th and Robinson of the 96th:
A bill to amend Code Section 40-5-53 of the Official Code of Georgia Annotated, relating to the courts' responsibility for forwarding traffic convictions, so as to provide that the clerks of any court forwarding a record of a conviction shall retain as additional compensation any fee paid by the state for such report.

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
Auten Y Bailey Y Balkcom Y Bannister
Bargeron Y Barnett,B
Barnett.M YBeck Y Benefield
Benn
Birdsong Bishop Y Bolster Y Bostick
Y Branch YBray
Brooks Brown.G YBuck Burruss
Byrd Y Carter Y Chambless
Y Chance Cheeks
Y Childers

N Childs Clark.B
Y Clark.L Colbert
Y Coleman Y Colwell
Connell Y Cooper Y Copelan Y Couch
YCox Y Crawford
Crosby Y Cummings
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 Y Greer
Groover Y Hamilton Y Hanner 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
Jamieson Y Johnson,D Y Johnson.F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston Y Lane.D
Lane.R Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Under
Y Logan Long
YLord
Y Lucas Y Lupton Y Maddox
Mangum Y Martin,C
Y Martin,J Y Matthews
Y McDonald

Y McKelvey
McKinney Y Milam
Milford Y Moody Y Moore Y Morton Y Mostiler
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 Y Randall
Y Ransom Ray
Y Reaves Y Redding Y Richardson
Robinson.C Robinson,P
Ross Y Royal
Russell Selman

Y Shepard Y Sherrod Y Sinkfield Y Sizemore
Y Smith.L Y Smith.P
Smith.T Y Smyre YSnow Y Stancil Y Steinberg Y Thomas.C
Thomas.M Y Thompson Y Townsend
Triplet! Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Watson Y Watts White Wilder Y Williams.B
Y Williams,J Y Williams,R Y Wilson Y Wood Y Workman
Yeargin Young Murphy ,Spkr

On the passage of the Bill, the ayes were 128, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representatives Ramsey of the 155th and Morton of the 47th stated that they inadvertently voted "aye" on the preceding roll call. They wished to vote "nay" thereon.

Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to vote "nay" thereon.

By unanimous consent, HB 1602 was ordered immediately transmitted to the Senate.

HR 688. By Representatives Reaves of the 147th, Royal of the 144th, Godbee of the 110th, Triplett of the 128th, Hanner of the 131st and others:

1468

JOURNAL OF THE HOUSE,

A RESOLUTION
Creating the Special Agriculture Study Committee; and for other purposes.
WHEREAS, agriculture is Georgia's leading industry and is the backbone of this state's economy; and
WHEREAS, agriculture and the men and women who depend on agriculture and agribusiness for their livelihoods face a serious economic crisis; and
WHEREAS, a substantial number of Georgia farmers are currently facing foreclosures on their farms and equipment; and
WHEREAS, the prices which many farmers receive for their crops are below their costs of producing those crops; and
WHEREAS, a thorough study is needed of all aspects of agriculture and agribusiness, including an examination of the programs and policies of federal, state, and local governments; agricultural education; production and marketing problems and opportunities; and other relevant factors which affect the profitability of farms in this state.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the Special Agriculture Study Committee of the House of Representatives to be composed of ten members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker shall designate a member of the committee as chairman of the committee. The chairman shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the needs, issues, and problems mentioned above and any other problems related thereto and shall recommend necessary steps to be undertaken to alleviate any such problems or assist citizens engaged in agriculture or agribusiness. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of government. The committee may make a report of its findings and recommendations, with 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, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Aaron Adam8,G YYAAdikaemns,M YY AAllfioenrd YAnderson YArgo YAthon YY AAutkteinns
YYBBaaliklecyom Y Bannister
Y25,

YBarnett,M Y Beck Y BBeennnefield
Y BBiirsdhsoopng
Bolster YBostick
Y Branch YBBrraoyoks
BBruocwk n.G
Burruss

YChambless Y Chance Y CChhe,edkesrs
VC ,a,rk,.B,
v r 1L ' Y Co bert
Y Co eman vY CCoonlwneell
^Y Coppeflarn
Y Couch

Y Cummings DaSSv
YV DDaavmfs DDi,xxoonn
Y Dover * g^'
idSLs YV HFe*Htoonn
YY FFoarstteerr v finHW
YGL

Y GrlT Y Groover Y ^ Ham^ilton
Yy ^ Harris
Y H"?8 Heid
Y Hm Y ^ Hol^ comb
Y HHooomkes
Y Hudson

TUESDAY, FEBRUARY 25, 1986

1469

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 Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W
Linder Y Logan Y Long YLord

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 Randall
Y Ransom Ray
Y Reaves Y Redding Y Richardson
Y 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 Smyre YSnow Y Stancil
Steinberg Y Thomas.C
Thomas.M Y Thompson Y Townsend
Triplett

Y Twiggs Waddle
Y Waldrep Walker.C
Y Walker.L Y Wall
Ware
Watson Y Watts
White Wilder Y Williams.B Y Williams,J Y Williams.R
Y Wilson Y Wood Y Workman
Y Yeargin Y Young
Murphy.Spkr

On the adoption of the Resolution, the ayes were 132, nays 1.

The Resolution, having received the requisite constitutional majority, was adopted.

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

HR 823. By Representatives Thomas of the 69th and Chambless of the 133rd: A resolution creating the Joint Rules of Evidence Study Committee.

The Speaker 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:

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 Annotated, relating to the creation and appointment of county boards of tax assessors, so as to change the number of members which may be appointed to a county board of tax assessors.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 1785 was ordered immediately transmitted to the Senate.

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 institutions, so as to provide that neither a medical facility nor a licensed medical practitioner shall prohibit a person from providing blood donors to furnish

1470

JOURNAL OF THE HOUSE,

blood which may be needed by such person in previously scheduled surgery or medical treatment.

The following Committee substitute was read:

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 institutions, 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; to provide conditions for such donations; to provide that the medical facility may utilize its regular source of blood if an insufficient amount is donated; to provide exceptions; 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 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, is amended by adding a new Code Section 31-7-14 to read as follows:
"31-7-14. (a) When any person is admitted to a medical facility for surgical or medical treatment which has been scheduled in advance, neither the medical facility nor any licensed medical practitioner shall prohibit such person from providing a blood donor or donors to furnish blood which may be needed in such surgery or medical treatment, provided that:
(1) The blood donation will not be detrimental to the donor or the recipient of such blood or any of its components;
(2) The donor has donated blood to a licensed blood bank within the previous year; and
(3) The donation is made not more than 48 hours prior to the scheduled surgery. (b) If the person receiving surgical or other medical treatment requires more blood than is furnished by the provided donor or donors, then the medical facility may utilize its regular sources to supply the necessary amount. (c) This Code section shall not apply to any emergency surgical or medical treatment. (d) This Code section shall not apply to any medical facility which does not maintain a system for the collection, processing, and storage of blood and its component parts. (e) This Code section shall not apply to any person who is under the jurisdiction of the Department of Corrections."
Section 2. This Act shall become effective January 1, 1987.
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 1524 by adding a new section to be numbered (1A) to read:
"(1A) No hospital, doctor or other provider of health care to a person electing to utilize the provisions of this act shall be liable in damages for injury or death occurring during such medical procedure or as a result thereof which results from the blood utilized as selected by the patient."

The Committee substitute, as amended, was adopted.

TUESDAY, FEBRUARY 25, 1986

1471

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G Adams.M
Y Aiken Y Alford Y Alien N Anderson
YArgo
Y Athon Y Atkins Y Auten Y Bailey N Balkcom Y Bannister Y Bargeron
Y Barnett,B Y Barnett,M YBeck Y Benefield
Benn Birdsong N Bishop Bolster Y Bostick Y Branch YBray Y Brooks
Y Brown.G NBuck Y Burruss YByrd Y Carter N Chambless Y Chance
Cheeks Y Childers

N Childs 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 YDean
Dixon YDobbs Y Dover Y Dunn Y Edwards
Felton Y Floyd
Foster N Galer
Y God bee Y Goodwin Y Greene Y Greer Y Groover
Y Hamilton Y Manner Y Harris N Hasty YHays

Heard
NHill Y Holcomb Y Holmes Y Hooks
Y Home Y 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 N Lee.C YLee,W Y Linder
YLogan YLong YLord Y Lucas N Lupton Y Maddox Y Mangum Y Martin.C N Martin,J
Matthews McDonald

Y McKelvey
Y McKinney Y Milam Y Milford Y Moody
Y Moore Y Morton Y Mostiler Y Moultrie
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 Y Randall N Ransom
YRay Y Reaves
Y Redding Y Richardson N Robinson,C
N Robinson.P Ross
Y Royal Y Russell Y Selman

Y Shepard Y Sherrod N Sinkfield Y Sizemore Y Smith,L
Y Smith.P Y Smith,T
Smyre YSnow
Y Stancil N Steinberg Y Thomas.C Y Thomas.M Y Thompson N Townsend Y Triplett Y Twiggs
Waddle
Y Waldrep Walker.C
Y Walker,L Y Wall Y Ware
Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Wilson
Wood Workman Y Yeargin
Y Young Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 131, nays 18.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

By unanimous consent, HB 1524, by substitute, as amended, 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 insists on its amendment to the following Bill of the House:

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.

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:

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JOURNAL OF THE HOUSE,

HB 1917. By Representatives Jackson of the 9th, Murphy of the 18th, Porter of the 119th and Yeargin of the 14th:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to revocations of licenses of habitual violators, so as to change the time period during which moving traffic violations will be considered for the purpose of determining habitual violator status.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Adams,G
Adams,M Aiken Y Alford Y Alien Anderson Y Argo N Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B
Y Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop
Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G
YBuck 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
Couch YCox N Crawford
Y Crosby Y Cummings
Daugherty Y Davis
Dean 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 Manner Y Harris Y Hasty
YHays

Heard YHill Y Holcomb Y Holmes Y Hooks
Y Home Y Hudson N Isakson Y Jackson,J Y Jackson.N Y Jamieson
Johnson,D Johnson.F Y Johnson.R Johnson,S Y Kilgore Y Kingston
Y Lane.D N Lane.R Y Lawler N Lawrence
Y Lawson Y Lee.C Y Lee.W Y Under
Y Logan Long
YLord
Y Lucas N Lupton Y Maddox Y Mangum
Y Martin.C Y Martin,J Y Matthews Y McDonald

N McKelvey Y McKinney
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
Pettit Phillips Y Pinkston Y Porter Y Rainey
Y Ramsey.T Y Ramsey.V
Randall N Ransom YRay
Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P
Ross Y Royal Y Russell N Selman

Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith,? Y Smith.T
Y Smyre Y Snow
Stancil Steinberg Thomas.C Y Thomas.M Y Thompson
N 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,J Y Williams.R Y Wilson Y Wood Workman Y Yeargin Y Young
Murphy.Spkr

On the passage of the Bill, the ayes were 130, nays 14. The Bill, having received the requisite constitutional majority, was passed.

Representative Mueller of the 126th stated that she inadvertently voted "nay" on the preceding roll call. She wished to vote "aye" thereon.

Representative Davis of the 45th stated that he inadvertently voted "aye" on the preceding roll call. He wished to vote "nay" thereon.
Representative Wilder of the 21st stated that he had been called from the floor of the House during the preceding roll call. He wished to vote "aye" thereon.
By unanimous consent, HB 1917 was ordered immediately transmitted to the Senate.

HR 125. By Representatives Murphy of the 18th, Oliver of the 121st, Lane of the lllth, Dover of the llth, Hays of the 1st and others:

TUESDAY, FEBRUARY 25, 1986

1473

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law and expend or authorize the expenditure of public funds for a health insurance plan or program for persons and the spouses and dependent children of persons who are retired former employees of public schools or public school systems of this state; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article III, Section VI, Paragraph VI of the Constitution is amended by adding at the end thereof a new subparagraph (c) to read as follows:
"(c) The General Assembly may provide by law and may expend or authorize the expenditure of public funds for a health insurance plan or program for persons and the spouses and dependent children of persons who are retired former employees of public schools or public school systems of this state."

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 authorize the General Assembly to provide by law and expend or authorize the expenditure of public funds for a health insurance plan or program for persons and the spouses and dependent children of persons who are retired former employees of public schools or public school systems of this state?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Adams.M Aiken Y Alford Y Alien 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
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
Crosby
Y Cummings

Daugherty Y Davis
Dean Dixon
Y Dobbs Y Dover YDunn 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 YHays
Heard Hill
Y Holcomb

Y Holmes Y Hooks YHorne Y Hudson
Y Isakson Y Jackson,J Y Jackson,N
Y Jamieson Johnson,D Johnson,F
Y Johnson,K 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
Long 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 YParham YParrish
Patten Y Peters

1474

JOURNAL OF THE HOUSE,

Pettit
Y Phillips
YPinkston YYRPaoirnteery YRamsey.T YRamsey.V
YRandall Y Ransom Y Ray
Reaves

Y Redding
Y Richardson
Robinson.C YY RRoosbsinson P Y Royal Y Russell
Y Selman Y Shepard Y Sherrod Y Sinkfield

Y Sizemore
Y Smith.L
Smith.P V SSmmiytrhe.T V Snow Y Stancil
Y Steinberg Y Thomas.C Y Thomas.M Y Thompson

Townsend
^nplett
l^"SS XV SWtat?d*reep Y Wa ker.C Y Wa ker.L
Y Wall Y Ware Y Watson Y Watts

White
vwm ' B
V w' Z ? YY WW, hZ am,s.RR Y W.lson Y Wood
Y,Tn ^eargm Y Young
Murphy.Spkr

On the adoption of the Resolution, the ayes were 149, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

Representative Adams of the 79th stated that he had been called from the floor of the House during the preceding roll call. He wished to vote "aye" thereon.

By unanimous consent, HR 125 was ordered immediately transmitted to the Senate.

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 convention for the purpose of proposing an amendment to the Constitution of the United States.

The following Committee substitute was read and adopted:

A RESOLUTION
Urging the Congress of the United States to propose an amendment to the Constitution of the United States; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
That this body respectfully urges the Congress of the United States to propose an amendment to the Constitution of the United States to authorize the public schools to conduct a brief period of voluntary silent prayer, meditation, or contemplation at the opening of each school day but prohibit the public schools from requiring any particular prayer or any particular method or manner of student participation.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and instructed to transmit a duly attested copy of this resolution to the Secretary of the Senate of the United States Congress, to the Clerk of the House of Representatives of the United States Congress, to the Presiding Officer of each House of each State Legislature in the United States, and to each member of the Georgia Congressional Delegation.
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 Adams.G Y Adams.M
Y Aiken

Y Alford Y Alien
Anderson
Y Argo

Y Athon Y Atkins Y Auten
Y Bailey

Y Balkcom Y Bannister Y Bargeron
Y Barnett.B

Barnett,M Y Beck Y Benefield
Benn

TUESDAY, FEBRUARY 25, 1986

1475

Y Birdsong
Bishop N Bolster Y Bostick
Y Branch YBray N Brooks
Brown.G YBuck
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 Y Cooper Y Copelan
Y Couch YCox Y Crawford
Y Crosby Y Cummings
Daughterly Y Davis

YDean
Dixon Y Dobbs Y Dover YDunn
Edwards Y Felton Y Floyd Y Foster N Galer Y Godbee Y Goodwin Y Greene Y Greer
Groover Y Hamilton Y Manner Y Harris
Hasty YHays Y Heard YHill Y Holcomb N 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 Linder Y Logan
Long YLord
Lucas Y Lupton Y Maddox Y Mangum
Martin.C N Martin,J
Matthews Y McDonald
Y McKelvey McKinney Milam Milford
Y Moody Y Moore Y Morton Y Mostiler

Y Moultrie Y Mueller Y Oliver.C
Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters
Pettit Y Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall
Y Ransom YRay
Reaves Y Redding N Richardson
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
Y Smith.T Y Smyre YSnow Y Stancil
Steinberg
Y Thomas.C N Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L YWall
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 adoption of the Resolution, by substitute, the ayes were 139, nays 7.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

Representative Barnett of the 59th stated that he had been called from the floor of the House during the preceding roll call. He wished to vote "aye" thereon.

Representative Wilder of the 21st stated that he had been called from the floor of the House during the preceding roll call. He wished to vote "aye" thereon.

SR 361. By Senators Reddish of the 6th, Burton of the 5th, Scott of the 2nd and others:
A resolution providing for the designation of the Culver Kidd Medical and Surgical Building.

The following substitute, offered by Representatives Colwell of the 4th, Jackson of the 9th, Hays of the 1st and Lawson of the 9th, was read and adopted:

A RESOLUTION
Providing for the designation of the Culver Kidd Medical and Surgical Building and the Joe T. Wood War Veterans Nursing Home; and for other purposes.
WHEREAS, the record of public service for the people of Baldwin County and the State of Georgia attained by Culver Kidd is an admirable one; and
WHEREAS, Culver Kidd served as a Baldwin County commissioner for ten years, a state representative for 12 years, and has served as a state senator for 23 years; and
WHEREAS, through his leadership, legislation has transformed the concept of care and service for mentally ill adults and has improved the care of retarded children; and

1476

JOURNAL OF THE HOUSE,

WHEREAS, he has worked to utilize effectively the buildings and facilities of Central State Hospital and was instrumental in renovating facilities at the hospital for the Department of Corrections; and
WHEREAS, as a further result of his dedication, there has been built at the hospital a medical and surgical facility serving the mentally ill, the mentally retarded, disabled veterans, and prison inmates; and
WHEREAS, Joe T. Wood joined the American Legion and the Veterans of Foreign Wars organizations in February, 1946, immediately upon his return from 38 months of active duty with the United States Army primarily in the Pacific Theater of Operations; and
WHEREAS, Joe T. Wood has been a continuous member of both veterans organizations for over 40 years; and
WHEREAS, he served as State Commander of the VFW in 1953-54 and as a member of the board of the Department of Veterans Service from 1954-59; and
WHEREAS, he has served in a national office of the VFW, including Chief of Staff, every year since 1954; and
WHEREAS, there is not a person in Georgia who has worked longer and harder on behalf of the veterans of this state and their families than Joe T. Wood.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Human Resources is authorized and directed to designate the medical and surgical facility on the grounds of Central State Hospital as the Culver Kidd Medical and Surgical Building and shall affix an appropriate plaque at the entrance of the building for such purpose.
BE IT FURTHER RESOLVED that the Department of Veterans Service is authorized and directed to designate the planned, new War Veterans Nursing Home on the grounds of Central State Hospital in Milledgeville as the Joe T. Wood War Veterans Home and the department shall affix an appropriate plaque at the entrance of the building identifying it as the "Joe T. Wood War Veterans Home."
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to Senator Culver Kidd and to the Board of Human Resources and to Representative Joe T. Wood and the Department of Veterans Service.

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
Adams,G YAdams,M
Aiken YAlford N Alien
Y Anderson YArgo YAthon Y Atkins YAuten Y Bailey
YBalkcom
YYBBaarngneirsotner
Y Barnett,B

Y Barnett.M
Y Beck Y Benefield YBenn YBirdsong
Bishop
Bolster YBostick Y Branch YBray Y Brooks
Brown.G
Y Buck
YY BByurrdruss
Y Carter

Y Chambless
Y Chance Cheeks
Y Childers Y Childs Y Clark.B
Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell
Cooper
Y Copelan
YY CCooxuch
Y Crawford

Y Crosby
Y Cummmgs Daugherty
Y Davis Y Dean Y D,xon
Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd
Foster
YY GGoaldebree
Y Goodwm

Y Greene
Y Groover y HaZL, V {tamer > Wanner Y Harm
vH Y Hewd v Hill Y HoLmb ? Solmef Y Holmes
*
vY HHund*sLon,

TUESDAY, FEBRUARY 25, 1986

1477

Y Jackson,.! Y Jackson.N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston Y Lane.D
Y Lane.R Lawler Lawrence
Y Lawson Y Lee.C Y Lee.W Y 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 Y Milam Y Milford Y Moody Y Moore
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 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 Smith,P
Y Smith.T
Y Smyre YSnow Y Stancil
Steinberg Y Thomas,C Y Thomas.M
Thompson Y Townsend Y Triplett

Y Twiggs Y Waddle Y Waldrep
Y Walker.C Y Walker.L Y Wall Y Ware Y Watson
Watts White Wilder Y Williams,B Y Williams.J Y Williams.R Y Wilson Wood Workman Y Yeargin Y Young Murphy,Spkr

On the adoption of the Resolution, by substitute, the ayes were 153, nays 1.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HB 1687. By Representative Thompson of the 20th:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to provide for the licensing of Level II dental hygienists; to provide for educational requirements; to provide for the supervision of dental hygienists and Level II dental hygienists by licensed dentists.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to provide for the performance of certain duties by dental hygienists; to provide for 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. Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, is amended by striking Code Section 43-11-74, relating to the requirement of performing duties under the supervision of a licensed dentist, in its entirety and inserting in lieu thereof a new Code Section 43-11-74 to read as follows:
"43-11-74. (a) Dental hygienists shall perform their duties only under the supervision of a licensed dentist. No dental hygienist shall practice dentistry or do any kind of dental work other than to remove calcareous deposits, secretions, and stains from the normally exposed surfaces of the teeth, to apply ordinary wash or washes of a soothing character, to sterilize instruments, and to perform routine office work2 and to perform those acts, services, procedures, and practices, reasonable and necessary for the prevention and treatment of dental disease, which the board shall prescribe by rule or regulation.
(b) Effective July 1^ 1987, this Code section shall stand repealed in its entirety."
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.

1478

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Adama.G
Y Adaros.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
Bishop Bolster
Y Bostick Y Branch YBray Y Brooks
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 Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings
Daugherty
Y Davis Dean
Y Diion Y Dobbs Y Dover
YDunn Y Edwards Y Felton Y Floyd
Y Foster Y Galer YGodbee Y Coodwin
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
Y Kilgore Y Kingston
Lane.D YLane,R Y Lawler
Y Lawrence Y Lawson YLee,C YLee,W
Y Under YLogan YLong YLord
Lucas 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 Y Parham Y Parrish
Patten Y Peters
Pettit Y Phillips Y Pinkston
Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y 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
Sinkfield Y Sizemore
Smith.L Y Smith.P
Y Smith.T Y Smyre YSnow Y Stancil
Steinberg Thomas.C Y Thomas.M Y Thompson Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L
Y Wall Ware
Y Watson
Y Watts White Wilder
Y Williams,B Y Williams,J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Wilder of the 21st stated that he had been called from the floor of the House during the preceding roll call. He wished to vote "aye" thereon.

HB 1276. By Representative Richardson of the 52nd:
A bill to amend Code Section 20-2-754 of the Official Code of Georgia Annotated, 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.

The following amendment was read and adopted:

The Committee on Education moves to amend HB 1276 by striking from line 5 on page 1 the figure "15" and inserting in lieu thereof the word "ten".
By striking from line 18 on page 1 the following:
"ten 15",

TUESDAY, FEBRUARY 25, 1986

1479

and inserting in lieu thereof the following: "ten".

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,('
Y Adams.M Aiken
Y Alford Y Alien Y Anderson YArgo
Athon Y Atkins Y Auten
Y Bailey Y Balkcom Y Bannister
Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong
Bishop
Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G YBuck 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
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 Pelton
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 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
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 Y 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 Patten
Y Peters
Pettit Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay 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,? Y Smith.T Y Smyre YSnow Y Stancil
Steinberg Y Thomas.C Y Thomas,M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White Wilder 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, as amended, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 45. By Senators Bryant of the 3rd and Allgood of the 22nd:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to authorize the Department of Public Safety to disseminate certain information from its records to certain governmental agencies or units of this state and of the United States having legitimate governmental needs therefor.

The following Committee substitute was read and adopted:
A BILL To amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the

1480

JOURNAL OF THE HOUSE,

access to such records, so as to authorize the Department of Public Safety to disseminate certain information from its records to the Georgia Crime Information Center; to authorize the Department of Public Safety to provide access to its records to certain attorneys and to the Department of Human Resources for the purpose of the enforcement of support obligations pursuant to private actions or through Chapter 11 of Title 19 of the Official Code of Georgia Annotated; to provide requirements before access is granted to attorneys; to restrict the use of such information; to authorize the Department of Public Safety to promulgate rules, regulations, or policies governing the means of affording access to such information; to authorize the Department of Public Safety to charge a reasonable fee to defray its expenses in providing access to its records; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, is amended by striking subsections (f) and (g) in their entirety and substituting in lieu thereof new subsections (f), (g), and (h) to read as follows:
"(f) The department may, upon request, disseminate from its records to the United States Selective Service System and the Georgia Crime Information Center compilations of the names, addresses, license numbers, and dates of birth of licensees or applicants for licenses. Such information shall only be used in the fulfillment of the legitimate governmental duties of the United States Selective Service System and the Georgia Crime Information Center and shall not be further disseminated to any person. The department is further authorized to promulgate rules, regulations, or policies governing the means by which such information will be disseminated from its records to the United States Selective Service System and the Georgia Crime Information Center and is further authorized to charge a fee to defray actual expenses incurred in disseminating such information.
(g) Notwithstanding any other provisions of this Code section, the department may, upon request, provide access to and disseminate information from its records, including compilations of the names and addresses of licensees or applicants for licenses, to an attorney at law or to the Department of Human Resources. Such information shall not be further disseminated to any person. A private attorney seeking to obtain information provided pursuant to this subsection shall be required to present to the department an affidavit of his client attesting that the attorney has been employed by the client, that an action for the recovery of child support is forthcoming, and that the revealed information shall not be further disseminated for purposes other than the recovery of child support. Any information provided pursuant to this subsection shall be limited to only the names, most current addresses, license numbers, and dates of birth of licensees or applicants for licenses and shall only be used by the attorney or the Department of Human Resources in connection with the recovery of delinquent child support payments by a private action or under Chapter n_ of Title 19, known as the 'Child Support Recovery Act.' The department is authorized to promulgate rules, regulations, or policies governing the means by which access to its records will be afforded and is further authorized to charge a reasonable fee to defray its costs incurred in affording access to or disseminating information contained in its records.
{g} (h) Except as otherwise provided in subsection {f) ef this Code section, the department shall not furnish to any person any compilations of the names or addresses of licensees or applicants for licenses."
Section 2. 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 substitute, was agreed to.

TUESDAY, FEBRUARY 25, 1986

1481

On the passage of the Bill, by substitute, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1742. By Representatives Colwell of the 4th and Walker of the 115th:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions of public property, so as to empower and authorize any unit or instrumentality of government within this state to assert any cause of action, initiate any proceeding, seek any remedy, and request or demand any judicial relief which pertains to property and which is available under the general law of this state to nongovernmental parties in like circumstances.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions of public property, so as to empower and authorize any unit or instrumentality of government within this state to assert any cause of action, initiate any proceeding, seek any remedy, and request or demand any judicial relief which pertains to property and which is available under the general law of this state to nongovernmental parties in like circumstances; to provide definitions; 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 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions of public property, is amended by adding immediately following Code Section 50-16-16 a new Code section, to be designated Code Section 50-16-17, to read as follows:
"50-16-17. (a) Cumulative of any other prerogatives or powers, any unit or instrumentality of government within this state is empowered and authorized to assert any cause of action, initiate any proceeding, seek any remedy, and request or demand any judicial relief which pertains to property and which is available under the general law of this state to nongovernmental parties in like circumstances. Without limitation this law shall apply to matters in law and equity, matters of general civil procedure, and matters of special proceedings. This law shall apply to property in its broadest meanings and to all of its meanings within Title 44. This law shall be construed liberally as a remedial law, and it shall be applicable to all claims, whether heretofore or hereafter accruing and regardless of whether proceedings concerning such claims have commenced or may hereafter be commenced. Neither this law nor any actions taken by a governmental unit or instrumentality within its terms shall be deemed or construed as waiving sovereign immunity under state law or waiving any immunities under the Eleventh Amendment of the Constitution of the United States.
(b) For purposes of this Code section, the term 'real property' shall have the same meaning as 'realty' and 'real estate' in Code Section 44-1-2.
(c) For purposes of this Code section, the term 'unit or instrumentality of government' shall mean the state, its constituent agencies, associations, authorities, boards, bureaus, commissions, departments, instrumentalities, officers, and public corporations, and all like units and instrumentalities of local government, including, without limitation, counties and municipal corporations, other political subdivisions, their school boards, the boards of independent school systems, authorities and other instrumentalities, and any other entities or instrumentalities of state and local government created under or pursuant to state law and performing governmental functions."

1482

JOURNAL OF THE HOUSE,

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 substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M Y 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
Benn Y Birdsong
Bishop Bolster Y Bostick Y Branch Bray Y Brooks Brown.G YBuck Burruss YByrd Y Carter Chambless Y Chance Y Cheeks Y Childers

Childs Clark.B Y Clark.L 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 YDunn 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 YHays

Y Heard YHill Y Holcomb
Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,J
Jackson.N Y Jamieson Y Johnson.D Y Johnson,F Y Johnson.R Y Johnson.S Y Kilgore Y Kingston Y Lane.D Y Lane.R
Lawler Y 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
Matthews McDonald

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 Peters Y Pettit Y Phillips Y Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Reaves Y Redding Y Richardson Robinson.C Y Robinson,P Rusts Y Royal Y Russell Selman

Y Shepard Y Sherrod
Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smyre YSnow 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
Ware Y 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, by substitute, the ayes were 139, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1684. By Representatives Manner of the 131st and Sizemore of the 136th:
A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, generally, so as to provide for the investment and reinvestment of assets of local retirement systems under the same terms, conditions, limitations, and restrictions as are imposed on domestic life insurance companies.

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 Athon

Y Atkins Y Auten Y Bailey

Y Balkcom
Y Bannister Y Bargeron

TUESDAY, FEBRUARY 25, 1986

Y Barnett.B Y Barnett.M YBeck 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 Y Childers
Y Childs Y Clark.B Y Clark.L
Colbert Coleman Y Colwell Y Connell
Y Cooper Y Copelan
Y Couch YCox Y Crawford

Y Crosby Y Cummings
Daugherty Y Davis
Dean Y Dixon 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
Manner Y Harris
Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson.J

Jackson.N Y Jamieson Y Johnson.D Y Johnson.F Y Johnson.R Y Johnson,S Y Kilgore Y Kingston N 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 Milam Y Milford Y Moody Y Moore

N Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham
Parrish Patten
Y Peters Y Pettit Y Phillips Y 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
Ross Y Royal
Y Russell Selman
Y Shepard Y Sherrod
Sinkfield

On the passage of the Bill, the ayes were 146, nays 2. The Bill, having received the requisite constitutional majority, was

1483
Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smyre YSnow Y Stancil Y Steinberg Y Thomas,C Y Thomas.M Y Thompson Y Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker,L Y Wall
Ware Watson Y Watts White Wilder Y Williams.B Williams,J Y Williams,R Y Wilson Y Wood Y Workman Y Yeargin Y Young Murphy ,Spkr

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 provide 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.

The following Committee substitute was read and adopted:

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 change a certain definition; 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 provide that certified copies of court orders relative to condemnation of certain real property by and copies of conveyances of the acquisition or disposition of real property held or owned by the Board of Regents of the University System of Georgia, the Georgia Building Authority, the Georgia Building Authority (Hospital), the Georgia Building Authority (Markets), the Georgia Building Authority (Penal), the Georgia Education Authority (University), the Georgia Ports Authority, the Jekyll Island State Park Authority, and the Stone Mountain Memorial Association shall be filed with the State Properties Commission; to repeal the authority of the Secretary of State to promulgate certain rules and regulations; to repeal conflicting laws; and for other purposes.

1484

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to inventory of public property, is amended by striking Code Section 50-16-122 in its entirety and inserting in lieu thereof a new Code Section 50-16-122 to read as follows:
"50-16-122. (a) As used in this Code section, the term: (1) 'Real property' means any real property owned by the state and under the
jurisdiction custody of any state official, department, board, bureau, commission, or other state agency, except public road, street, and highway rights of way and other real property ewnd held by the Department of Transportation pursuant to Ga. L. 1919, p. 242, art. 5, Section 5, as amended by Ga. L. 1922, p. 176, Section 1; Ga. L. 1939, p. 188, Section 1; Ga. L. 1945, p. 258, Section 1; and Ga. L. 1953, Jan.-Feb. Sess., p. 421, Section 1. Also expressly excluded from the meaning of 'real property,' as used in this Code section, is all real property held by the Board of Regents of the University System of Georgia and owned by the following public corporations: the Georgia Building Authority, the Georgia Building Authority (Hospital), the Georgia Building Authority (Markets), the Georgia Building Authority (Penal), the Georgia Education Authority (University), the Georgia Ports Authority, the Jekyll fakmd State Island State Park Authority, and the Stone Mountain Memorial Association^ and th Beatd ef Regents ef- the University System ef Georgia.
(2) 'Department' means any state official, department, board, bureau, commission, or other state agency having custody of state owned real property ander its jurisdiction. (b) All real property, the ownership of which is either acquired or disposed of by the state or any department thereof after July 1, 1970, shall be subject to the following requirements:
(1) Except as otherwise provided by law and except as otherwise required by the nature of the transaction conveying real property to the state or any department thereof, the title to all real property acquired shall be in the name of the state; but the conveyance shall have written or printed thereon in the upper right-hand corner of the initial page thereof the name of the department for which acquired who is the custodian thereof;
(2) The original of any conveyance acquiring real property shall be filed in the office of Secretary ef State the State Properties Commission before being recorded in the office of the clerk of the superior court of the county or counties wherein the real property is located. When the conveyance is presented to the Secretary of State State Properties Commission for filing, it shall be accompanied by a plat of the real property conveyed; and it shall be the duty of the Secretary ef State State Properties Commission to have the conveyance and plat recorded in the office of the clerk of the superior court of the county or counties wherein the real property is located. Any fees required for such recording shall be paid by the department acquiring the real property or by the seller of the property, as the case may be. After having the conveyance and plat so recorded, the Secretary ef State State Properties Commission shall index and retain the same as a part of the permanent records of his office such commission; but an exact copy of the conveyance and plat shall be produced by the Secretary ef State State Properties Commission and forwarded by him such commission to the department acquiring the real property;
(3) When real property is acquired by eminent domain and is conveyed to the state or department thereof by court order, it shall be the duty of the acquiring custodial department to obtain and transmit to the Secretary ef State State Properties Commission a certified copy of the court order; and the Secretary ef State State Properties Commission shall index and retain the same as a part of the permanent records of his office such commission;
(4) (A) The original of any conveyance disposing of real property, except a an Act or resolution of the General Assembly, shall be filed in the office of the Secretary ef State State Properties Commission before being recorded in the office of the clerk of the superior court of the county or counties wherein the real property is

TUESDAY, FEBRUARY 25, 1986

1485

located. When the conveyance is presented to the Secretary of State State Properties Commission for filing, it shall be accompanied by a plat of the real property conveyed, and the Secretary of State State Properties Commission shall cause the conveyance and plat to be duplicated. The duplicate of the conveyance and plat shall be indexed and retained by the Secretary of State State Properties Commission as a part of the permanent records of his office such commission. The original of the conveyance and plat, along with a certificate, under seal of the Secretary of State State Properties Commission showing that the same has been filed in his the office of such commission, shall be returned to the purchaser of the real property. Upon receiving the original of the conveyance and plat and certificate of the Score tary ef State State Properties Commission, the purchaser of the real property may then have the same recorded in the office of the clerk of the superior court of the county or counties wherein the real property is located.
(B) The General Assembly may vary or authorize the variance of the requirements of subparagraph (A) of this paragraph in any enactment, including an Act or resolution, authorizing or directing a disposition of real property; and (5) When real property is conveyed by a an Act or resolution of the General Assembly, the Secretary ef State State Properties Commission shall obtain and certify as true and correct a copy of the Act or resolution and retain the same as a part of the permanent records of his office such commission. (c) The documents which are required to be maintained by the Secretary ef State State Properties Commission as a part of the permanent records of his office such commission, as provided by paragraphs (2) through (5) of subsection (b) of this Code section, shall be used by the State Properties Commission in such manner as it shall determine in maintaining the inventory of real property."
Section 2. Said article is further amended by striking Code Section 50-16-123 in its entirety and inserting in lieu thereof a new Code Section 50-16-123 to read as follows:
"50-16-123. A copy of all conveyances for the acquisition or and disposition of real property held or owned or heW by the Board of Regents of the University System of Georgia; the Georgia Building Authority, the Georgia Building Authority (Hospital), the Georgia Building Authority (Markets), the Georgia Building Authority (Penal), the Georgia Education Authority (University), the Georgia Ports Authority, the Jekyll Island State Park Authority, and the Stone Mountain Memorial Association shall be filed with the Secretary ef State fey the teeaitl State Properties Commission within 30 days after the conveyance in an acquisition has been recorded in the office of the clerk of the superior court in the county in which the land is located and within 30 days after the conveyance in a disposition has been dated, executed, and delivered. When real property is acquired by condemnation by the Board of Regents of the University System of Georgia, the Georgia Building Authority, the Georgia Building Authority (Hospital), the Georgia Building Authority (Markets), the Georgia Building Authority (Penal), the Georgia Education Authority (University), the Georgia Ports Authority, the Jekyll Island State Park Authority, and the Stone Mountain Memorial Association, by eensciRfistiort, tn occpctflry of otstc snsll ~oc supplied witfi 8 certified copy ot tlic court order vesting titte m the board a certified copy of the court order vesting title in such board, association, or any such authority shall be filed with the State Properties Commission within 30 days after the date of the court order."
Section 3. Said article is further amended by striking Code Section 50-16-124 in its entirety and inserting in lieu thereof a new Code Section 50-16-124 to read as follows:
"50-16-124. The Secretary of State ad the State Properties Commission are is authorized and directed to promulgate such rules and regulations as may be necessary to carry out this part, provided such rules and regulations are not in conflict with this part."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

1486

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 Adams.G
Y Adams.M Y Aiken Y Alford Y Alien Y Anderaon 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

Y 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 Dobbs
Y Dover
Y Dunn Y Edwards Y Felton
Floyd Y Foster Y Galer
Godbee Y Goodwin Y Greene
Greer Y Groover Y Hamilton Y Hanner Y Harris
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 Y Johnson,S
Y Kilgore Y Kingston Y Lane.D
Y Lane.R Y Lawler Y Lawrence
Y Lawson YLee.C YLee.W
Y Linder YLogan YLong YLord Y Lucas Y Lupton
Maddox
Y Mangum Y Martin.C Y Martin,J Y Matthews
McDonald

Y McKelvey Y McKinney
Y Milam Milford
Y Moody Y Moore Y Morion Y Mostiler
Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham
Parrish Patten Y Peters Y Pettit Y Phillips
Y Pinkston
Y Porter Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom YRay
Reaves
Y Redding Y Richardson Y Robinson.C Y Robinson,?
YRoss Y Royal
Y Russell Y Selman

Y Shepard Y Sherrod
Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smyre
Y Snow 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 Y Workman Y Yeargin Y Young
Murphy, Spki

On the passage of the Bill, by substitute, the ayes were 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The Speaker announced the House in recess until 1:30 o'clock, this afternoon.

TUESDAY, FEBRUARY 25, 1986

1487

AFTERNOON SESSION

The Speaker called the House to order.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 824. By Representatives Johnson of the 21st, Aiken of the 21st, Atkins of the 21st, Isakson of the 21st, Wilder of the 21st and others: A resolution inviting Brenda G. Opie, the 1986 Georgia Teacher of the Year, to appear before the House of Representatives.
The following Resolution of the House was read and adopted:
HR 825. By Representatives Johnson of the 21st, Aiken of the 21st, Atkins of the 21st, Isakson of the 21st, Wilder of the 21st and others: A resolution commending Brenda G. Opie for being named 1986 "Georgia Teacher of the Year."
Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker: Your Committee on Rules has had under consideration the following Resolution of the
House and has instructed me to report the same back to the House with the following recommendation:
HR 824 Do Pass Respectfully submitted,
/s/ Lee of the 72nd Chairman
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 824. By Representatives Johnson of the 21st, Aiken of the 21st, Atkins of the 21st, Isakson of the 21st, Wilder of the 21st and others: A resolution inviting Brenda G. Opie, the 1986 Georgia Teacher of the Year, to appear before the House of Representatives.
The following Resolutions of the House were read and adopted:
HR 826. By Representative Hudson of the 117th: A resolution honoring the Wilcox County High School "Patriots."
HR 827. By Representatives Childs of the 53rd, Robinson of the 58th, Richardson of the 52nd, Russell of the 64th and Murphy of the 18th: A resolution expressing regrets at the passing of Irving Kaler.

1488

JOURNAL OF THE HOUSE,

HR 828. By Representatives Childs of the 53rd, Dunn of the 73rd, Lawler of the 20th, Atkins of the 21st, Johnson of the 21st and others:
A resolution expressing appreciation to the volunteers of the American Cancer Society and requesting the Governor to designate April, 1986, as Cancer Control Month in Georgia.

HR 829. By Representatives Childs of the 53rd, Workman of the 51st, Williams of the 54th and Aaron of the 56th:
A resolution expressing regrets at the passing of Sam Wilhoit.

HR 830. By Representatives Robinson of the 58th, Lawrence of the 49th, Steinberg of the 46th, Williams of the 48th, Richardson of the 52nd and others:
A resolution recognizing and commending J. Paul Copeland.

HR 831. By Representative Branch of the 137th: A resolution commending Irene McDearmid Barr.

HR 832. By Representatives Robinson of the 58th, Richardson of the 52nd, Childs of the 53rd, Williams of the 54th, Workman of the 51st and others:
A resolution commending Mrs. Lucille McCurdy.

HR 833. By Representatives Bishop of the 94th, Maddox of the 7th, Bostick of the 138th, Randall of the 101st, Thomas of the 31st and others:
A resolution commending Irvin Tracy Harris.

HR 834. By Representatives Barnett of the 10th, Anderson of the 8th, Hasty of the 8th, Martin of the 60th, Wall of the 61st and others:
A resolution expressing sorrow at the passing of Ledford B. Pruitt.

HR 835. By Representatives Parham of the 105th, Moore of the 139th, Coleman of the 118th and Jamieson of the llth:
A resolution relative to the House photography staff.

HR 836. By Representatives Mostiler of the 75th and Johnson of the 76th:
A resolution commending Willie Gault and inviting him to appear before the House of Representatives.

HR 837. By Representatives Clark of the 13th, Murphy of the 18th, Milford of the 13th, Johnson of the 72nd and Phillips of the 120th:
A resolution expressing sorrow at the passing of Myrvin C. Clark.

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

HR 838. By Representatives Argo of the 68th and Logan of the 67th:
A resolution commending the Georgia academic decathlon team and its coaches and inviting them to appear before the House of Representatives.

TUESDAY, FEBRUARY 25, 1986

1489

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 409. By Senators Gillis of the 20th, Timmons of the llth, English of the 21st and others:
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 protection of public health, safety, and the environment by establishing an Asbestos Licensing Board.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SB 380. By Senators Harrison of the 37th, Tolleson of the 32nd and Brantley of the 56th:
A bill to amend Code Section 36-36-22.1 of the Official Code of Georgia Annotated, relating to limitations on certain municipalities to annex property pursuant to application by 60 percent of landowners and electors, so as to change the provisions relative to such limitations on such municipalities.
Referred to the Committee on State Planning & Community Affairs.

SB 468. By Senators Langford of the 35th, Bond of the 39th and Walker of the 43rd:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to provide special procedures for the trial and imposition of sentences in certain cases in which the defendant is under 18 years of age; to provide for practices and procedures; to provide for psychiatric examinations and the use of the results thereof.
Referred to the Committee on Judiciary.

SB 475. By Senator Dawkins of the 45th:
A bill to amend Code Section 15-10-22 of the Official Code of Georgia Annotated, relating to qualifications of magistrates, so as to provide that a magistrate who does not exercise any of the criminal jurisdiction of the magistrate court and who is an attorney shall not be prohibited from appearing in any court in any criminal matter when engaged in the private practice of law.
Referred to the Committee on Judiciary.

SB 497. By Senator Deal of the 49th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of physicians, osteopaths, and orthotists, so as to change comprehensively the provisions relating to the regulation of physicians, osteopaths, orthotists, and related matters; to provide that the

1490

JOURNAL OF THE HOUSE,

Composite State Board of Medical Examiners shall be independent of the joint-secretary of the state examining boards.
Referred to the Committee on Health & Ecology.

SB 532. By Senator Kidd of the 25th:
A bill to amend Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Equipment Financing Authority Act," so as to change certain definitions; to change the provisions relating to the administration of the authority; to change the provisions relating to staff of the authority and the duties of such staff.
Referred to the Committee on Health & Ecology.

SB 561. By Senator Greene of the 26th:
A bill to amend Code Section 15-6-25 of the Official Code of Georgia Annotated, relating to the employment, status, and compensation of secretaries of judges of the superior courts, so as to provide that the base salary of each secretary shall be established on a pay schedule beginning at Step 1 and ending at Step 7.
Referred to the Committee on Appropriations.

SB 562. By Senators Coleman of the 1st, Scott of the 2nd and Peevy of the 48th:
A bill to amend Article 2 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, known as the "Air Transportation Act," so as to provide that pilots employed by the Department of Transportation may not continue in employment past 65 years of age.
Referred to the Committee on Transportation.

SB 563. By Senators Coleman of the 1st, Scott of the 2nd and Peevy of the 48th:
A bill to amend Code Section 32-2-3 of the Official Code of Georgia Annotated, relating to the development of transportation plans and public hearings, so as to provide that a facility, site, or project corridor hearing and a design hearing may be held simultaneously for a proposed facility.
Referred to the Committee on Transportation.

SB 564. By Senators Coleman of the 1st, Scott of the 2nd and Peevy of the 48th:
A bill to amend Code Section 32-10-60 of the Official Code of Georgia Annotated, 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.
Referred to the Committee on Transportation.

SB 570. By Senators Dawkins of the 45th, Barker of the 18th and Barnes of the 33rd:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to make unlawful the advertisement by an attorney that legal services are

TUESDAY, FEBRUARY 25, 1986

1491

available on a contingent fee basis unless the advertisement identifies any payments which are required to be made to any person by clients retaining the attorney on a contingent fee basis.
Referred to the Committee on Judiciary.

SB 573. By Senator Kidd of the 25th:
A bill to authorize the governing authority of Jasper 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.

SB 574. By Senator Kidd of the 25th:
A bill to amend an Act creating a board of commissioners for Jasper County, so as to change the compensation of the chairman and other members of said board.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 577. By Senators Barnes of the 33rd, Harrison of the 37th and Tolleson of the 32nd:
A bill to amend an Act changing the compensation of the clerk of superior court, the sheriff, and the probate judge of Cobb County from the fee system to the salary system, so as to fix the salary of the chief deputy to the sheriff of Cobb County; to fix the compensation of the chief investigator for Cobb County.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 578. By Senators Harrison of the 37th, Brantley of the 56th, Tolleson of the 32nd and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge and the clerk of the probate court.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 409. By Senators Gillis of the 20th, Timmons of the llth, English of the 21st and others:
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 protection of public health, safety, and the environment by establishing an Asbestos Licensing Board.
Referred to the Committee on Rules.

SR 376. By Senators Perry of the 7th, Turner of the 8th, Reddish of the 6th and others:
A resolution urging the Congress of the United States to propose an amendment to the Constitution of the United States to authorize the public schools

1492

JOURNAL OF THE HOUSE,

to conduct a brief period of voluntary silent prayer, meditation, or contemplation at the opening of each school day.
Referred to the Committee on Education,

SR 389. By Senators Foster of the 50th, Fincher of the 54th and Tate of the 38th:
A resolution creating the Joint Developmental Studies in Georgia Study Committee.
Referred to the Committee on Rules.

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 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; to make and provide such appropriations for the operation of the
State Government, its departments, boards, bureaus, commissions, institutions, and other agencies and for the university system, common schools, counties, municipalities, and political subdivisions and for all other governmental activities, projects and undertakings
authorized by law and for all leases, contracts, agreements, and grants authorized by law;
to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1986 and ending June 30, 1987, as prescribed hereinafter for such fiscal year,
from the General Funds of the State, including unappropriated surplus and a revenue estimate of $5,316,000,000 for fiscal year 1987.

PART I. LEGISLATIVE BRANCH

Section 1. F.Y. 1987

Legislative Branch. $17,891,084

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; for the Legislative Services Committee, the Office of Legislative Counsel and the Office of Legislative Budget Analyst; for the operation of the Georgia Educational Improvement Council; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing services, and other expenses of the Legislative Branch of Government. 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

TUESDAY, FEBRUARY 25, 1986

1493

promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.

Section 2. F.Y. 1987

Department of Audits. $10,120,156

PART II. JUDICIAL BRANCH

Section 3. F.Y. 1987

Supreme Court. $3,469,287

Section 4. F.Y. 1987

Court of Appeals. $3,669,344

Section 5. F.Y. 1987

Superior Courts. $30,413,460

Section 6. F.Y. 1987

Juvenile Courts. $682,297

Section 7. F.Y. 1987

Institute of Continuing Judicial Education. $554,556

Section 8. F.Y. 1987

Judicial Council. $780,414

Section 9. F.Y. 1987

Judicial Qualifications Commission. $111,360

Section 10. F.Y. 1987

Council of Magistrate Court Judges. $20,000

Section 11. F.Y. 1987

Council of Probate Court Judges. $20,000

Section 12. F.Y. 1987

Council of State Court Judges. $9,500

Section 13. F.Y. 1987

Indigent Defense Council. $1,979,698

PART III. EXECUTIVE BRANCH

Section 14. F.Y. 1987

Department of Administrative Services. $32,070,753

Section 15. F.Y. 1987

Department of Agriculture. $31,397,790

Section 16. F.Y. 1987

Department of Banking and Finance. $4,557,092

Section 17. F.Y. 1987

Department of Community Affairs.

$6,130,199

/

Section 18. F.Y. 1987

Department of Corrections. V $242,644,557

1494

JOURNAL OF THE HOUSE,

Provided, that of the above appropriation relating to Grants for County Workcamp Construction, the State shall provide one hundred percent funding of projects for new county camps of one hundred inmates or more to existing county camps. The State shall continue to provide no more than fifty percent of the total construction cost for expansion projects
involving less than one hundred inmates. The Board of Corrections shall be the State authority determining submission and grant
approval criteria for County Workcamp Construction and Probation Detention Center
grant requests and the Board shall make awards in accordance with the established criteria.

Section 19. F.Y. 1987

Department of Defense. $4,412,336

Section 20. F.Y. 1987

State Board of Education. $2,016,432,155

Provided, that none of the State funds appropriated above may be expended to initiate or commence any new program or project which would create a continuing obligation of
the current funds of the State, unless such program or project has been authorized by the General Assembly.
Provided, that of the above appropriation relative to special education, $30,000 is designated and committed for payment to the Houston County Board of Education for pay-
ment to Houston County Speech and Hearing School, and $30,000 is designated and committed for payment to the Houston County Board of Education for payment to
Houston County Happy Hour School. Provided, that of the funds appropriated for the High School Program, comprehensive
high schools or vocational schools may use funds for the purpose of repairing existing
equipment in lieu of purchasing new equipment without prior approval of the Department of Education.
Provided that, of the above appropriation relative to Regional Educational Service Agencies (RESAs), the amount each RESA will receive will be one-eighteenth of the total
appropriation for each Area Planning and Development Commission area served; provided further that each RESA receiving such appropriation has complied with the State Board
of Education's policy concerning the composition of RESA Boards of Control and that each member system of a RESA has committed to contribute at least the same equivalent
amount to RESA in Fiscal Year 1987 as it contributed in Fiscal Year 1986. Provided, that of the above appropriation relative to the QBE Staff Development, no
funds may be used for the compensation of individuals receiving such staff development. Provided, further that the QBE formula grants shall be based upon a Base Amount of
$1,113.54, as adjusted by the amount necessary to cover pay raises included in the Cost-ofLiving Salary Adjustment section.

Section 21. F.Y. 1987

Employees' Retirement System. $1,600,000

Section 22. F.Y. 1987

Forestry Commission. $28,844,086

Section 23. F.Y. 1987

Georgia Bureau of Investigation. $27,540,059

Section 24. F.Y. 1987

Office of the Governor. $15,240,677

Section 25. F.Y. 1987

Grants to Counties and Municipalities. $6,800,000

Section 26. F.Y. 1987

Department of Human Resources. $693,532,369

TUESDAY, FEBRUARY 25, 1986

1495

Section 27. F.Y. 1987

Department of Industry and Trade. $14,002,907

Section 28. F.Y. 1987

Department of Insurance, y" $8,192,070

Section 29. F.Y. 1987

Department of Labor. $5,402,587

Section 30. F.Y. 1987

Department of Law. $6,556,458

Provided, that the total number of positions budgeted for the Department of Law shall be increased four without additional funding, one additional secretary position will be allowed to move within the divisions to handle excess workloads and three additional positions are to allow limited, advance recruiting, especially of third-year law students, at a time when promising applicants are making their career decisions.

Section 31. F.Y. 1987

Department of Medical Assistance. $289,934,195

Section 32. F.Y. 1987

Department of Natural Resources. $57,945,471

Provided, that no land shall be purchased for State Park purposes from funds appropriated in this section without the approval of the State Properties Control Commission, except that land specifically provided for in this Section.
Provided that from the above appropriation Environmental Facilities Grants $1,000,000 shall be available for allotment to counties and municipalities for emergency type watersewer 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.
Provided that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Department of Natural Resources is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Park, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.
Provided that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Department of Natural Resources is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Park, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.

Section 33. F.Y. 1987

Board of Postsecondary Vocational Education. $75,918,804

Provided, that $752,358 is designated and committed for Conversion Grants. Provided, further that none of these funds shall become available to area vocational-technical schools until said schools formally agree to convert from their present governance to governance by the Board of Postsecondary Vocational Education.

Section 34. F.Y. 1987

Department of Public Safety. $69,084,899

Section 35. F.Y. 1987

Public School Employees' Retirement System. $12,319,084

Section 36. F.Y. 1987

Public Service Commission. $6,334,005

1496

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Section 37. F.Y. 1987

Regents, University System of Georgia. $645,367,708

Provided, that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata cost of any employer contribution applicable to such salary to the Teachers' Retirement System.
No funds realized by the State Board of Regents of the University System or any college or university, from the State General fund, from the Federal Government, or from any other source, shall be available for use or expenditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended.
Provided, that revenue from student fees which exceeds the original budget estimates of student fees by $2,000,000 shall not be available for operations unless prior approval is granted by the Fiscal Affairs Subcommittees of the House and Senate, except that student fee revenue derived from increased rates authorized by the State Board of Regents shall not be subject to this limitation. Provided, further, that revenue from sales and services shall be classified as restricted funds and shall be available for use by the unit of the University System generating such income.
Provided, further, it is the intent of this General Assembly that the 1 Vi % Personal Services continuation factor incorporated into the Resident Instruction appropriation in this Appropriations Act be utilized to provide 2 !/2 % merit-type increases.
Provided, 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 Sub-Committees.
Provided that, of the above appropriations relative to Unit C, Public Telecommunications Commission, $584,250 is appropriated contingent upon the Commission being award $1,602,750 in Federal Funds to replace transmitters and related equipment at the Wrens and Cochran stations.

Section 38. F.Y. 1987

Department of Revenue. $54,975,900

Section 39. F.Y. 1987

Secretary of State. $18,398,267

Section 40. F.Y. 1987

Soil and Water Conservation Committee. $946,598

Section 41. F.Y. 1987

Georgia Student Finance Commission. $17,300,367

Provided, that of the above appropriated amount 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 $225,000. (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 $800 per academic year and for payment of grants for the summer

TUESDAY, FEBRUARY 25, 1986

1497

school quarter or semester to undergraduate students attending colleges as provided for in Code Section 20-3-410 through 20-3-416.

Section 42. F.Y. 1987

Teachers' Retirement System. $11,986,606

Section 43. F.Y. 1987

Department of Transportation. $453,303,478

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 Revenues actually paid into the Fiscal Division of the Department

of Administrative Services.

Grants to counties for aid in county road construction and maintenance shall be 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 balance brought forward from

previous years, subject to approval by the Office of Planning and Budget.

Interstate rehabilitation funds may be used for four-lanes and passing lanes. Funds

appropriated for on-system resurfacing four-laning and passing lanes funds may be used

to match additional Federal Aid.

The Fiscal Offices 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 fiscal 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 this bill.

Functions and objects 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. L. 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 for federal interstate funds $20,000,000 is designated and

committed for the construction of four lane highways in designated growth corridors. This

$20,000,000 is a portion of the Federal Interstate Payback to the state to offset the debt

service on bonds sold for the advanced construction of the Interstate System. This pay-

ment will leave a principal balance due to the State of $139,101,427.

It is the intent of this General Assembly that the above referenced appropriation for

construction of four-lane highways in growth corridors shall be utilized for those highway

segments as designated by the Governor through his Economic Development Council.

Section 44.

Department of Veterans Service.

F.Y. 1987

$15,219,351

Section 45. F.Y. 1987

State Board of Workers' Compensation. $5,811,002

Section 46.

State of Georgia General Obligation

Debt Sinking Fund.

F.Y. 1987

$222,279,489

Provided, that from the above appropriated amount for the State of Georgia General

Obligation Debt Sinking Fund, $11,000 is specifically appropriated for the purpose of

1498

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financing loans to local governments for the construction and refinancing of environmental facilities, such loans to be issued by the Georgia Development Authority, through the issuance of not more than $100,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $4,231,150 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improvement of public library facilities for county and independent school systems, counties, municipalities, boards of trustees of public library systems throughout the State of Georgia, including land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, under the jurisdiction of the State Board of Education, through the issuance of not more than $17,270,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $7,362,250 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, 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 $30,050,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $6,002,500 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement, and improvement of land, waters, property, highways, buildings, structures, and equipment, of the Board of Regents of the University System of Georgia, both real and personal, necessary or useful in connection with a Bio-Science facility to be located in the vicinity if the University of Georgia, through the issuance of not more than $24,500,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,629,250 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 at Gracewood State School and Hospital, both real and personal, necessary or useful in connection therewith, of and for the Department of Human Resources through the issuance of not more than $6,650,000 in principal amount of General Obligation Debt.
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,628,850 is specifically appropriated for the purpose of financing the purchase and installation of equipment for the State Board of Education (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 Board), through the issuance of not more than $10,730,000 in principal amount of General Obligation Debt.

Section 47. F.Y. 1987

Cost-of-Living Salary Adjustment. $143,797,525

In addition to all others appropriations for the State fiscal year ending June 30, 1987, there is hereby appropriated $143,797,525 for the purposes described herein: (1) For a 4% cost-of-living adjustment of 4% with a $500 minimum for full-time employees of the executive, judicial and legislative branches of government, including eligible State agency heads, effective July 1,1986; (2) For upgrading selected Merit System classifications; (3) For a 4"i) cost-of-living adjustment effective September 1, 1986, for academic personnel and July 1, 1986, for non-academic personnel and fiscal year contracted personnel of the University System and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Stations; (4) For the increase of all Merit System classes by one pay grade effective July 1, 1986, with the provision that all employees will be moved to the new pay grade on a dollar-for-dollar basis, except where it is necessary to bring the

TUESDAY, FEBRUARY 25, 1986

1499

employees to the minimum step of the new pay grade; (5) For a 4% salary adjustment for state-paid school bus drivers and lunchroom workers, effective July 1, 1986; (6) for a 5'i increase in the teacher salary schedule in effect for F.Y. 1986 for all certificated education personnel, effective September 1, 1986, which will increase the T-4 entrance level; and (7) For an increase from $16,000 to $16,800 per year and will increase the QBE Base Amount by $41,49; and (8) in the mileage reimbursement rate for privately owned vehicles from twenty cents ($.20) per mile to twenty-one cents ($.21) per mile to be effective July 1, 1986.
Section 48. 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 49. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 50. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner. The State Auditor shall make the utilization of State motor vehicles a matter of special interest in future audits to insure strict compliance with the intent of this General Assembly.
Section 51. No State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommunications Network either directly or indirectly.
Section 52. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provisions, 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 provisions 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

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appropriations are to be paid from the general funds of the State as a first charge upon General Funds.
Section 53. It is the intent of this General Assembly that 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. It is the further intent of this General Assembly that the Office of Planning and Budget utilize its budgetary and fiscal authority so as to accomplish the above-stated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Planning and Budget provide written notice to members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
Section 54. It is the intent of this General Assembly that each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine by Object Class the expenditures of each activity and function contained in this Appropriations Act.
Section 55. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 56. No State appropriation authorized under this Act shall be used to continue programs currently funded by 100% federal funds.
Section 57. It is the intent of the General Assembly that for the purposes of this Act, (1) Authorized motor vehicles are defined as sedans, pick-up trucks, vans, station wagons and other such vehicles for street and highway use, and (2) The number of passenger-carrying motor vehicles indicated for each budget unit shall include leased vehicles and State-owned vehicles. (3) The Departments are not authorized to accept vehicles from surplus property to increase the number authorized in this Act unless specifically approved by the General Assembly.
Section 58. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1986 regular session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs, activities and functions 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 Appropriations Act applies, and provided, further, that no funds whatsoever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each

TUESDAY, FEBRUARY 25, 1986

1501

budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this state are in violation of this section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of 'the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers.

Section 59. The Officer of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State.

Section 60. F.Y. 1987

TOTAL STATE FUND APPROPRIATIONS $5,316,000,000.

Section 61. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 62. All laws and parts of laws in conflict with this Act are repealed.

The following Committee substitute was read:

A BILL
To make and provide appropriations for the State Fiscal Year beginning July 1, 1986, and ending June 30, 1987; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the State fiscal year beginning July 1, 1986, and ending June 30, 1987, as prescribed hereinafter for such fiscal year, from funds from the Federal Government, and the General Funds of the State including unappropriated surplus and a revenue estimate of $5,316,000,000 for State fiscal year 1987.
PART I. LEGISLATIVE BRANCH
Section 1. Legislative Branch. Budget Unit: Legislative Branch ........................................................................$ 17,891,084 Personal Services - Staff.......................................................................................$ 7,696,617 Personal Services - Elected Officials................................................................................................................$ 2,955,447

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Regular Operating Expenses ................................................................................$ 1,748,372 Travel - Staff ...............................................................................................................$ 97,800 Travel - Elected Officials.............................................................................................* 5,000 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing........................................................................................! 412,100 Equipment Purchases...............................................................................................? 393,000 Computer Charges ....................................................................................................$ 396,500 Real Estate Rentals....................................................................................................* 62,300 Telecommunications.................................................................................................* 595,200 Per Diem, Fees and
Contracts - Staff....................................................................................................* 342,581 Per Diem, Fees and
Contracts - Elected Officials............................................................................* 1,824,067 Postage........................................................................................................................* 141,300 Photography.................................................................................................................* 71,000 Expense Reimbursement Account.......................................................................* 1,132,800 Capital Outlay.............................................................................................................* 17.000 Total Funds Budgeted ........................................................................................$ 17,891,084 State Funds Budgeted.........................................................................................* 17,891,084

Senate and Research Office
Lt. Governor's Office
Secretary of the Senate's Office
Total

Senate Functional Budgets

Total Funds

$

3,382,295

*

429,013

$_

993.982

$

4,805,290

State Funds 3,382,295 429,013
993,982 4,805,290

House of Representatives and Research Office
Speaker of the House's Office
Clerk of the House's Office
Total

House Functional Budgets Total Funds

$

7,099,572

$

256,192

1,002.437 8,358,201

State Funds

$

7,099,572

$

256,192

*

1,002,437

8,358,201

Legislative Counsel's Office
Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

Joint Functional Budgets Total Funds

*

1,854,705

$

1,362,830

$

728,050



782.008

$

4,727,593

State Funds
1,854,705 1,362,830
728,050 782,008 4,727,593

TUESDAY, FEBRUARY 25, 1986

1503

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any state owned building other than the State Capitol, the committee shall measure the need for said space as compared to the space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction for legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst, Legislative Educational Research Council and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.
Section 2. Department of Audits. Budget Unit: Department of Audits ..................................................................$ 10,120,156 Operations Budget: Personal Services....................................................................................................! 8,491,466 Regular Operating Expenses ...................................................................................$ 261,200 Travel..........................................................................................................................$ 700,000 Motor Vehicle Purchases ...........................................................................................$ 54,000 Publications and Printing..........................................................................................! 30,000 Equipment Purchases.................................................................................................! 55,000 Per Diem, Fees and Contracts ..................................................................................................................$ 25,000 Real Estate Rentals..................................................................................................! 238,490 Computer Charges ....................................................................................................$ 205,000 Telecommunications...................................................................................................| 60,000 Total Funds Budgeted ........................................................................................$ 10,120,156 State Funds Budgeted.........................................................................................! 10,120,156
PART II. JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court ................................................................................$ 3,204,000

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Section 4. Court of Appeals. Budget Unit: Court of Appeals ................,............................................................$ 3,653,000

Section 5. Superior Courts. Budget Unit: Superior Courts .............................................................................$ 29,593,400 Operation of the Courts......................................................................................$ 28,210,000 Prosecuting Attorneys' Council ..............................................................................$ 564,000 Sentence Review Panel ............................................................................................$ 116,000 Council of Superior Court Judges............................................................................................................$ 67,000 Judicial Administrative Districts ..................................................................................................................$ 629,000 Habeas Corpus Clerk....................................................................................................$ 7,400

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts...................................................................................! 202,000

Section 7. Institute of Continuing
Judicial Education. Budget Unit: Institute of Continuing
Judicial Education.........................................................................................! 289,150 Institute's Operations...............................................................................................! 270,000 Georgia Magistrate Courts
Training Council .....................................................................................................$ 19,150

Section 8. Judicial Council. Budget Unit: Judicial Council..................................................................................! 644,100 Council Operations...................................................................................................! 553,000
Payments to Judicial Administrative Districts for Case Counting................,.........................................................................................! 69,000
Board of Court Reporting..........................................................................................! 22,100

Section 9. Judicial Qualifications Commission.
Budget Unit: Judicial Qualifications Commission....................................................................................................! 105,000

Section 10. Council of Magistrate
Court Judges. Budget Unit: Council of Magistrate
Court Judges....................................................................................................! 20,000

Section 11. Council of Probate
Court Judges. Budget Unit: Council of Probate
Court Judges....................................................................................................! 20,000

Section 12. Council of State
Court Judges. Budget Unit: Council of State
Court Judges......................................................................................................! 9,500

PART III. EXECUTIVE BRANCH

TUESDAY, FEBRUARY 25, 1986

1505

Section 13. Department of Administrative Services.
A. Budget Unit: Department of Administrative Services.............................................................................! 18,759,495
Administrative Services Budget: Personal Services..................................................................................................$ 32,881,811 Regular Operating Expenses ................................................................................$ 6,930,557 Travel..........................................................................................................................$ 196,000 Motor Vehicle Equipment Purchases...........................................................................................$ 382,000 Publications and Printing........................................................................................$ 160,000 Equipment Purchases............................................................................................$ 1,296,015 Computer Charges .................................................................................................$ 8,162,000 Real Estate Rentals ...............................................................................................$ 2,901,000 Telecommunications.................................................................................................! 633,154 Per Diem, Fees and Contracts................................................................................$ 389,000 Rents and Maintenance Expense ......................................................................$ 19,487,000 Utilities.........................................................................................................................? 39,000 Unemployment Compensation Reserve............................................................................................................................$ -0Postage........................................................................................................................$ 251,935 Payments to DOAS Fiscal Administration ........................................................................................$ 1,960,000 Direct Payments to Georgia Building Authority for Capital Outlay .......................................................................................................$ 183,927 Direct Payments to Georgia Building Authority for Authority Lease Rentals...............................................................................................! -0Direct Payments to Georgia Building Authority for Operations ......................................................................................................................$ -0Telephone Billings ...............................................................................................$ 28,762,000 Materials for Resale...............................................................................................! 9,913,000 Public Safety Officers Indemnity Fund ....................................................................................................$ 609,000 Health Planning Review Board Operations....................................................................................................! 50,000 Georgia Golf Hall of Fame Operations.....................................................................................................! 30,000 Unemployment Compensation Payments........................................................................................................................! -0Comprehensive General Liability Reserve Fund......................................................................................................! 5,000,000 Hazardous Materials Liability Reserve Fund.........................................................................................................! 500,000 Utilization Adjustment..........................................................................................! (119.790) Total Funds Budgeted......................................................................................! 120,597,609 State Funds Budgeted.........................................................................................! 18,759,495

Department of Administrative Services Functional Budgets

Total Funds

State Funds

State Properties Commission

!

316,000

!

316,000

Departmental Administration

!

2,173,927

!

2,173,927

1506

JOURNAL OF THE HOUSE,

Treasury and Fiscal Administration

14,790,299

12,830,299

Central Supply Administration

9,536,000

-0-

Procurement Administration

2,360,797

2,360,797

General Services Administration

570,000

-0-

Space Management Administration

471,000

Data Processing Services

46,090,453

Motor Vehicle Services

2,465,000

Communication Services

33,559,000

Printing Services

5,392,000

Surplus Property Services

1,260,000

Mail and Courier Services

428,000

Risk Management Services

1,304,923

Utilization Adjustment

(119,790)

Total

120,597,609

B. Budget Unit: Georgia Building Authority ..................................................................$ -0Georgia Building Authority Budget: Personal Services..................................................................................................! 15,224,810 Regular Operating Expenses ..............................................................................$ 11,104,860 Travel..............................................................................................................................! 8,000
Motor Vehicle Equipment Purchases..................................................................................................................! 36,000
Publications and Printing..........................................................................................! 30,000 Equipment Purchases...............................................................................................! 133,280 Computer Charges ......................................................................................................$ 41,000 Real Estate Rentals....................................................................................................! 39,300 Telecommunications...................................................................................................! 94,316 Per Diem, Fees and Contracts................................................................................! 133,800 Capital Outlay ...........................................................................................................$ 230,000 Authority Lease Rentals ..........................................................................................$ 340,640 Utilities...............................................................................................................-...............! -0-
Facilities Renovations and Repairs....................................................................................................................! -0-
Total Funds Budgeted........................................................................................! 27,416,006 State Funds Budgeted......................................................................................................! -0-

Grounds Custodial Maintenance

Georgia Building Authority Functional Budgets

Total Funds

!

1,307,604

!

!

3,561,225

!

!

3,146,284

!

State Funds -0-0-0-

TUESDAY, FEBRUARY 25, 1986

1507

Security Van Pool Sales Administration Facility Renovations Undistributed Total

$

2,704,755

$

-0-

$

3,510,402

$

-0-

$

110,672

$

-0-

$

13,075,064

$

-0-

$

-0-

$

-0-

$

^

?

Q

$

27,416,006

$

-0-

Section 14. Department of Agriculture. A. Budget Unit: Department of
Agriculture...................................................................................................! 30,551,025 State Operations Budget:
Personal Services..................................................................................................$ 24,593,000 Regular Operating Expenses ................................................................................$ 2,318,000 Travel..........................................................................................................................$ 852,000 Motor Vehicle Equipment
Purchases................................................................................................................? 381,000 Publications and Printing........................................................................................! 606,000 Equipment Purchases...............................................................................................? 307,000 Computer Charges ....................................................................................................$ 258,270 Real Estate Rentals ..................................................................................................$ 607,000 Telecommunications.................................................................................................? 358,000 Per Diem, Fees and Contracts................................................................................? 318,000 Market Bulletin Postage..........................................................................................? 547,000 Payments to Athens and Tifton
Veterinary Laboratories....................................................................................? 1,947,535 Poultry Veterinary Diagnostic
Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro............................................................................................................$ 1,390,500 Veterinary Fees.........................................................................................................? 547,000 Indemnities................................................................................................................? 114,000 Bee Indemnities..........................................................................................................? 75,000 Advertising Contract................................................................................................? 105,000 Payments to Georgia Agrirama Development Authority for Operations..............................................................................................................? 409,000 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets...............................................................................................? 340,000 Capital Outlay........................................................................................................? 2,560,000 Contract - Federation of Southern Cooperatives...........................................................................................? 60,000 Tick Control Program................................................................................................? 50,000 Utilization Adjustment..........................................................................................? (310,280) Total Funds Budgeted........................................................................................? 38,433,025 State Funds Budgeted.........................................................................................? 30,551,025

Plant Industry

Department of Agriculture Functional Budgets

Total Funds

?

5,883,000

?

State Funds 5,432,000

1508

JOURNAL OF THE HOUSE,

Animal Industry

6,161,035

5,810,035

Marketing

1,882,000

1,877,000

General Field Forces

3,042,000

3,042,000

Internal Administration

3,477,270

3,413,270

Information and Education

1,265,000

1,265,000

Fuel and Measures

2,230,000

2,225,000

Consumer Protection Field Forces

5,217,000

4,161,000

Meat Inspection

3,821,000

1,544,000

Major Markets Seed Technology

3,660,000 330,000

410,000 -0-

Entymology and Pesticides

1,775,000

1,682,000

Undistributed

(310,280)

(310,280)

Total

38,433,025

30,551,025

B. Budget Unit: Georgia Agrirama Development Authority....................................................................................i| -0-
Georgia Agrirama Development Authority Budget: Personal Services.......................................................................................................? 459,000 Regular Operating Expenses ...................................................................................$ 115,000 Travel..............................................................................................................................$ 7,000 Motor Vehicle Equipment Purchases ......................................................................$ 10,000 Publications and Printing................,.......................................................,.................$ 16,000 Equipment Purchases...................................................................................................! 7,000 Computer Charges.............................................................................................................! -0Real Estate Rentals..........................................................................................................! -0Telecommunications ..........................................................................................,..........$ 8,000 Per Diem, Fees and Contracts..................................................................................! 31,000 Capital Outlay ...........................................................................................................$ 205,000 Goods for Resale .........................................................................................................$ 78,000 Total Funds Budgeted .............................................................................................$ 936,000 State Funds Budgeted......................................................................................................! -0-

Section 15. Department of Banking and Finance.
Budget Unit: Department of Banking and Finance.................................................................................................! 4.483,300
Administration and Examination Budget: Personal Services....................................................................................................! 3,724,000 Regular Operating Expenses ...................................................................................$ 171,000 Travel..........................................................................................................................! 298,000 Motor Vehicle Equipment Purchases......................................................................! 23,000 Publications and Printing..........................................................................................! 13,000 Equipment Purchases...................................................................................................! 7,000 Computer Charges......................................................................................................! 89,000 Real Estate Rentals..................................................................................................! 158,000 Telecommunications...................................................................................................! 35,000

TUESDAY, FEBRUARY 25, 1986

1509

Per Diem, Fees and Contracts ..................................................................................$ 10,500 Utilization Adjustment............................................................................................$ (45,200) Total Funds Budgeted ..........................................................................................$ 4,483,300 State Funds Budgeted...........................................................................................! 4,483,300

Section 16. Department of Community Affairs.
A. Budget Unit: Department of Community Affairs.......................................................................................$ 6,204,040
State Operations Budget: Personal Services....................................................................................................$ 4,218,000 Regular Operating Expenses ...................................................................................$ 137,000 Travel..........................................................................................................................$ 188,000 Motor Vehicle Equipment Purchases....................................................................................................................! 7,000 Publications and Printing..........................................................................................$ 78,000 Equipment Purchases.................................................................................................! 20,000 Computer Charges......................................................................................................! 34,000 Real Estate Rentals..................................................................................................! 206,000 Telecommunications...................................................................................................! 73,000 Per Diem, Fees and Contracts................................................................................! 101,000 Capital Felony Expenses............................................................................................! 50,000 Contracts with Area Planning and Development Commissions .......................................................................$ 1,350,500 Local Assistance Grants...........................................................................................! 170,000 Appalachian Regional Commission Assessment.............................................................................................................! 139,000 Community Development Block Grants (Federal)...............................................................................................! 30,515,000 Juvenile Justice Grants (Federal).................................................................................................! 1,000,000
Grant - Richmond County...............................................................................................! -0Economic Development Grants ..............................................................................$ 500,000 Payment to Georgia
Development Authority........................................................................................! 375,000 Technical Assistance
to S.D.A. .........................................................................................................................$ -0Utilization Adjustment............................................................................................! (36,460) Total Funds Budgeted........................................................................................! 39,125,040 State Funds Budgeted...........................................................................................! 6,204,040

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Executive and Administrative

2,791,738

2,734,738

Technical Assistance

2,273,829

1,051,793

Community and Economic Development

33,050,759

1,563,925

Intergovernmental Assistance

1,045,174

890,044

Utilization Adjustment

(36,460)

(36,460)

Total

39,125,040

6,204,040

1510

JOURNAL OF THE HOUSE,

B. Budget Unit: Authorities...............................................................................................? JL Operations Budget: Personal Services....................................................................................................? 2,902,441 Regular Operating Expenses ...................................................................................$ 269,957 Travel............................................................................................................................? 77,589 Motor Vehicle Equipment Purchases..................................................................................................................? 75,018 Publications and Printing..........................................................................................? 74,601 Equipment Purchases.................................................................................................? 40,959 Computer Charges......................................................................................................? 56,000 Real Estate Rentals..................................................................................................? 236,291 Telecommunications...................................................................................................? 79,589 Per Diem, Fees and Contracts................................................................................? 138,555 Rental Assistance Payments ..............................................................................? 14,500,000 Grants to Housing Sponsors....................................................................................? 500,000 Total Funds Budgeted........................................................................................? 18,951,000 State Funds Budgeted......................................................................................................? -0-

Georgia Residential Finance Authority
Georgia Development Authority
Undistributed
Total

Authorities Functional Budgets Total Funds

?

18,576,000

$

375,000

$

^

?

18,951,000

State Funds

?

-0-

$

-0-

|

^

?

-0-

Section 17. Department of Corrections. A. Budget Unit: Departmental Operations.........................................................? 26,686,328
Departmental Operations Budget: Personal Services..................................................................................................? 10,760,000 Regular Operating Expenses...................................................................................? 727,000 Travel..........................................................................................................................? 366,000 Motor Vehicle Equipment Purchases................................................................................................................? 500,000 Publications and Printing..........................................................................................? 65,000 Equipment Purchases.................................................................................................? 99,000 Computer Charges.................................................................................................? 1,140,000 Real Estate Rentals...............................................................................................? 1,112,000 Telecommunications.................................................................................................? 321,000 Per Diem, Fees and Contracts.............................................................................? 1,054,000 Utilities.........................................................................................................................? 50,000 County Subsidy......................................................................................................? 8,299,188 County Subsidy for Jails..........................................................................................? 221,900 Court Costs................................................................................................................? 350,000 Central Repair Fund ................................................................................................? 581,000
Grants for County Workcamp Construction...................................................................................? 1,000,000
Local Jail Equipment Grants..........................................................................................? -0Grants for Local Jails...............................................................................................? 515,000 Payments to Georgia
Correctional Industries.............,...................................................................................? -0-

TUESDAY, FEBRUARY 25, 1986

1511

Utilization Adjustment..........................................................................................! (254,760) Total Funds Budgeted ........................................................................................$ 26,906,328
Indirect DOAS Funding...................................................................................................$ -0State Funds Budgeted.........................................................................................! 26,686,328

Departmental Operations Functional Budgets

Total Funds

State Funds

General Administration and Support

10,841,000

10,841,000

Adult Facilities and Programs

14,832,088

14,612,088

Training and Staff Development

1,488,000

1,488,000

Utilization Adjustment

(254,760)

(254,760)

Total

26,906,328

26,686,328

B. Budget Unit: Correctional Institutions, Transitional Centers and Support......................................................................................................! 160,034,152
Institutional Operations Budget: Personal Services................................................................................................! 113,809,533 Regular Operating Expenses ..............................................................................$ 19,722,800 Travel............................................................................................................................! 90,163 Motor Vehicle Equipment Purchases........................................................................................................................! -0Publications and Printing..........................................................................................! 90,000 Equipment Purchases............................................................................................! 2,096,110 Computer Charges.............................................................................................................! -0Real Estate Rentals..................................................................................................! 305,000 Telecommunications..............................................................................................! 1,123,000 Per Diem, Fees and Contracts................................................................................! 221,000 Utilities....................................................................................................................! 7,618,000 Payments to Central State Hospital for Meals .............................................................................................$ 2,464,000 Payments to Central State Hospital for Utilities..........................................................................................! 1,220,000 Payments to Public Safety for Meals.................................................................................................................! 287,000 Inmate Release Funds..............................................................................................! 877,000 Health Service Purchases ...................................................................................$ 11,600,000 Payments to the Medical Association of Georgia for Jail and Prison Health Care Certification....................................................................................................! 46,000 University of Georgia Cooperative Extension Service Contracts ..................................................................................................$ 239,000 Minor Construction Fund........................................................................................! 860,976 Authority Lease Rentals ................,.........................................................................$ 440,000 Capital Outlay...................................................................................................................! -0Utilization Adjustment.......................................................................................! (1,556,430) Total Funds Budgeted ......................................................................................$ 161,553,152 State Funds Budgeted.......................................................................................! 160,034,152

1512

JOURNAL OF THE HOUSE,

Correctional Institutions, Transitional Centers, and Support Functional Budgets

Total Funds

State Funds

Georgia Training and Development Center

2,045,000

2,045,000

Georgia Industrial Institute

8,399,000

8,399,000

Alto Education and Evaluation Center

1,538,000

1,538,000

Georgia Diagnostic and Classification Center

9,313,000

9,313,000

Georgia State Prison

18,338,000

18,338,000

Consolidated Branches

14,478,000

14,388,000

Middle Georgia Correctional Institution

20,630,000

20,630,000

Jack T. Rutledge Correctional Institution

4,115,000

$

4,115,000

Central Correctional Institution

3,561,000

$

3,561,000

Metro Correctional Institution

4,842,000

$

4,842,000

Coastal Correctional Institution

4,642,000

$

4,583,000

Central Funds

11,132,976

$

11,132,976

D.O.T. Work Details

697,000

$

-0-

Food Processing and Distribution

12,768,000

$

12,120,000

Farm Operations

5,361,000

$

5,336,000

Dodge Correctional Institution

3,587,000

$

3,587,000

Transitional Centers

3,594,000

$

3,594,000

Augusta Correctional and Medical Institution

6,156,000

$

6,156,000

Health Care

21,081,000

$

21,081,000

Richard H. Rogers Correctional Institution

4,005,606

$

4,005,606

Forsyth Correctional Institution

2,826,000

$

2,826,000

TUESDAY, FEBRUARY 25, 1986

1513

Federal Grants

$

-0-

$

-0-

Utilization Adjustment

$ (1,556,430)

$ (1,556,430)

Total

$ 161,553,152

$ 160,034,152

C. Budget Unit: Board of Pardons and Paroles..........................................................................................................$ 14,697,340
Board of Pardons and Paroles Budget: Personal Services..................................................................................................! 12,205,625
Regular Operating Expenses ...................................................................................$ 331,970 Travel..........................................................................................................................$ 422,000 Motor Vehicle Equipment
Purchases..................................................................................................................! 70,000 Publications and Printing..........................................................................................! 43,000
Equipment Purchases.................................................................................................! 85,000 Computer Charges ....................................................................................................$ 122,000
Real Estate Rentals..................................................................................................! 852,000 Telecommunications.................................................................................................! 347,000 Per Diem, Fees and Contracts..................................................................................! 64,000
County Jail Subsidy .................................................................................................$ 293,895 Utilization Adjustment..........................................................................................! (139,150) Total Funds Budgeted ........................................................................................$ 14,697,340 State Funds Budgeted.........................................................................................! 14,697,340

D. Budget Unit: Georgia Correctional Industries..................................................................................................................! ^
Georgia Correctional Industries Budget: Personal Services....................................................................................................! 2,499,192
Regular Operating Expenses ................................................................................$ 1,067,950 Travel............................................................................................................................! 66,400
Motor Vehicle Equipment Purchases................................................................................................................! 198,000
Publications and Printing............................................................................................! 8,800 Equipment Purchases...............................................................................................! 310,000
Computer Charges........................................................................................................! 1,985 Real Estate Rentals....................................................................................................! 81,650
Telecommunications...................................................................................................! 75,000 Per Diem, Fees and Contracts................................................................................! 270,000
Cost of Sales...........................................................................................................! 6,380,000 Repayment of Prior Year's
Appropriations........,................................................................................................! 84,000
Capital Outlay ...................................................................................................................$ rQ; Total Funds Budgeted ........................................................................................$ 11,042,977 State Funds Budgeted......................................................................................................! -0-

E. Budget Unit: Division of Probations..............................................................! 34,897,099
Operations Budget: Personal Services..................................................................................................! 34,105,569 Regular Operating Expenses...................................................................................! 861,000 Travel..........................................................................................................................! 678,000
Motor Vehicle Equipment Purchases........................................................................................................................! -0-
Publications and Printing..........................................................................................! 92,000 Equipment Purchases...............................................................................................! 187,000 Computer Charges.............................................................................................................! -0Real Estate Rentals ...............................................................................................$ 1,078,000 Telecommunications.................................................................................................! 468,000

1514

JOURNAL OF THE HOUSE,

Utilities.......................................................................................................................! 326,000 Per Diem, Fees and Contracts.....,............................................................................! 12,000 Capital Outlay...........................................................................................................! 840,000 Utilization Adjustment..........................................................................................! (322,470) Total Funds Budgeted ........................................................................................$ 38,325,099 State Funds Budgeted.........................................................................................! 34,897,099

Division of Probations Functional Budgets

Total Funds

State Funds

Probation Administration

$

773,000

$

773,000

Probation Field Operations

$

30,877,569

!

28,237,569

Diversion Centers

$

6,997,000

$

6,209,000

Utilization Adjustment

!

(322,470)

|

(322,470)

Total

!

38,325,099

$

34,897,099

Section 18. Department of Defense. Budget Unit: Department of Defense..................................................................! 3,844,333
Operations Budget: Personal Services....................................................................................................! 6,143,967 Regular Operating Expenses ................................................................................$ 1,677,000 Travel............................................................................................................................! 60,000 Motor Vehicle Equipment Purchases..................................................................................................................! 10,000 Publications and Printing..........................................................................................! 40,000 Equipment Purchases...............................................................................................! 107,850 Computer Charges......................................................................................................! 18,000 Real Estate Rentals......................................................................................................! 8,000 Telecommunications...................................................................................................! 76,000 Per Diem, Fees and Contracts................................................................................! 141,000 Utilities....................................................................................................................! 1,655,000 Grants to Locals EMA (P&A) M/S...............................................................................................! 1,498,000 Grants - Others...........................................................................................................! 41,000 Georgia Military Institute Grant..............................................................................! 18,000 Civil Air Patrol Contract...........................................................................................! 42,000 Capital Outlay...................................................................................................................! -0Grants to Armories...................................................................................................! 510,000 Repairs and Renovations...........................................................................................! 71,000 Utilization Adjustment............................................................................................! (65,530) Total Funds Budgeted ........................................................................................$ 12,051,287 State Funds Budgeted...........................................................................................! 3,844,333

Department of Defense Functional Budgets

Total Funds

Office of the Adjutant General

$

2,487,560

$

Georgia Emergency Management Agency

!

1,741,000

$

State Funds 995,560 755,071

Georgia Air National Guard
Georgia Army National Guard
Utilization Adjustment
Total

TUESDAY, FEBRUARY 25, 1986

$

2,917,700

$

4,970,557

$

(65,530)

$

12,051,287

1515

$

399,675

$

1,759,557

$

(65,530)

$

3,844,333

Section 19. State Board of Education -
Department of Education. A. Budget Unit: Department of
Education................................................................................................! 1,914,123,992 Operations:
Personal Services..................................................................................................! 32,405,897 Regular Operating Expenses ................................................................................$ 3,268,210 Travel.......................................................................................................................$ 1,040,401 Motor Vehicle Equipment
Purchases................................................................................................................! 115,000 Publications and Printing........................................................................................! 510,375 Equipment Purchases...............................................................................................! 265,815 Computer Charges.................................................................................................! 8,239,140 Real Estate Rentals...............................................................................................! 1,997,335 Telecommunications.................................................................................................! 609,488 Per Diem, Fees and Contracts.............................................................................! 9,158,755 Utilities....................................................................................................................! 1,098,045 Capital Outlay........................................................................................................! 1,030,000 QBE Formula Grants:
Kindergarten...................................................................................................! 115,416,525 Grades 1-3.......................................................................................................$ 316,614,350 Grades 4-8.......................................................................................................! 373,213,685 Grades 9-12.....................................................................................................! 200,079,797 Indirect Cost...................................................................................................$ 325,581,790 High School Laboratories ...............................................................................$ 55,846,916 Vocational Education
Laboratories..................................................................................................! 64,725,749 Special Education.............................................................................................! 99,887,360 Gifted ...................................................................................................................$ 9,967,685 Remedial Education.........................................................................................! 12,804,969 Staff Development.............................................................................................! 5,709,552 Media.................................................................................................................! 59,364,193 Pre-Paid Teacher
Retirement................................................................................................! (142,000,000) July/August APEG Salaries .........................................................................$ 231,464,756 Pupil Transportation...........................................................................................! 98,571,983 Isolated Schools.........................................................................................................! 854,310 Longevity Steps Increase ....................................................................................$ 10,800,728 Local Fair Share..............................................................................................! (263,231,651) Other QBE Categorical Grants: Equalization Formula......................................................................................! 82,960,267 Grants for Contract
Transfer Payment .............................................................................................$ 833,666 Sparsity Grants......................................................................................................! 500,000 Education of Children of
Low-Income Families...................................................................................! 78,364,380 Retirement...........................................................................................................! 1,700,000

1516

JOURNAL OF THE HOUSE,

Instructional Services for the Handicapped ..........................................................................................$ 22,688,125
Tuition for the Multi handicapped....................................................................................................! 1,472,000
Severely Emotionally Disturbed .......................................................................................................$ 25,484,215
School Lunch (Fed.) ......................................................................................$ 121,090,490 School Lunch (State).......................................................................................$ 19,970,920 Innovative Programs.............................................................................................$ 548,000 Supervision and Assessment
of Students and Beginning Teachers and Performance Based Certification.........................................................................................! 4,952,385 Cooperative Educational Service Areas...................................................................................................$ 5,052,795 Georgia Learning Resources System....................................................................................................,.........$ 1,228,304 High School Program ......................................................................................$ 15,021,725 High School Program (Salaries; July/August) ..................................................................................$ 3,579,853 Special Education/ State Institutions............................................................................................! 2,603,867 Governor's Scholarship.........................................................................................! 500,000 Special Projects .....................................................................................................$ 186,000 Job Training and Partnership Act ..............................,...................,...........................................$ 2,860,000 Vocational Research and Curriculum.........................................................................................................! 366,540 Adult Education .................................................................................................$ 3,481,909 Salaries and Travel of Public Librarians............................................................................................! 7,589,363 Public Library Materials...................................................................................! 4,133,430 Talking Book Centers...........................................................................................! 737,570 Public Library M & O.............................,...................,.....................................! 3,204,525 Special Education/Hold Harmless..........................................................................................................! 7,738,861 Health Insurance - Non Certificated Personnel.................................................................................! 21,624,000 Teacher Health Insurance Retired Teachers............................................................................................! 7,807,000 Grants to Local School Systems for Educational Purposes.........................................................................................................! 78,000,000 Payment of Federal Funds to Board of Postsecondary Vocation Education......................................................................................! 10,440,540 Child Care Lunch Program (Federal)........................................................................................! 14,261,645 Local School Construction (Asbestos) ................................................................................$ 4,100,000 Chapter II - Block Grant Flow Through.......................................................,.............................................! 8,702,655
Utilization Adjustment..........................................................................................| (298,300)
Total Funds Budgeted ...................................................................................$ 2,198,897,888
Indirect DOAS Services
Funding.......................................,...................................................................................! -0-
State Funds Budgeted....................................................................................! 1,914,123,992

TUESDAY, FEBRUARY 25, 1986

1517

Instructional Services
Governor's Honors Program
Vocational Education
Public Library Services
State Administration
Administrative Services
Planning and Development
Professional Standards Commission
Vocational Advisory Council
Professional Practices Commission
Georgia Academy for the Blind
Georgia School for the Deaf
Atlanta Area School for the Deaf
Local Programs
Utilization Adjustment
Total

Education Functional Budgets Total Funds

$

7,096,467

$

820,720

$

5,288,340

$

1,827,715

$

10,552,205

$

8,718,855

$

9,922,619

$

183,410

$

156,405

$

459,150

$

3,853,370

$

6,176,430

$

4,682,775

$ 2,139,457,727

$

(298,300)

$ 2,198,897,888

State Funds

$

4,401,532

$

805,720

$

2,525,790

$

830,715

$

9,547,310

$

5,618,675

$

9,062,289

$

183,410

$

-0-

$

459,150

!

3,552,940

$

5,996,715

$

4,440,460

$ 1,866,997,586

|

(298,300)

! 1,914,123,992

Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement System..........................................................................................................$ 1,600,000 Employees' Retirement System Budget: Personal Services.......................................................................................................$ 740,000 Regular Operating Expenses .....................................................................................$ 12,000 Travel..............................................................................................................................$ 7,500 Motor Vehicle Equipment Purchases ............................................................................$ -0Publications and Printing..........................................................................................! 22,000 Equipment Purchases...................................................................................................! 1,000 Computer Charges....................................................................................................! 174,000 Real Estate Rentals..................................................................................................! 101,000 Telecommunications...................................................................................................! 12,000 Per Diem, Fees and Contracts................................................................................! 555,000 Postage..........................................................................................................................! 65,000 Benefits to Retirees...............................................................................................! 1,600,000

1518

JOURNAL OF THE HOUSE,

Employer Contribution..............................................................................,.....................! -0Total Funds Budgeted ..........................................................................................$ 3,289,500 State Funds Budgeted..........,................................................................................! 1,600,000

Section 21. Forestry Commission. Budget Unit: Forestry Commission...................................................................-! 28,174,738 State Operations Budget: Personal Services..................................................................................................! 22,268,863 Regular Operating Expenses ................................................................................$ 5,558,150 Travel..........................................................................................................................! 134,000 Motor Vehicle Equipment Purchases.............................................................................................................! 1,074,000 Publications and Printing..........................................................................................! 87,000 Equipment Purchases............................................................................................! 2,182,810 Computer Charges......................................................................................................! 59,000 Real Estate Rentals....................................................................................................! 28,000 Telecommunications.................................................................................................! 572,000 Per Diem, Fees and Contracts................................................................................! 171,000 Contractual Research...............................................................................................! 250,000
Payments to the University of Georgia, School of Forestry for Forest Research...............................................................................................! 300,000
Ware County Grant....................................................................................................! 90,000 Wood Energy Program...............................................................................................! 68,000 Capital Outlay...........................................................................................................! 139,725 Utilization Adjustment..........................................................................................! (260,760) Total Funds Budgeted........................................................................................! 32,721,788 State Funds Budgeted.........................................................................................! 28,174,738

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation

!

3,109,597

!

996,547

Field Services

!

27,960,342

!

25,534,342

Wood Energy

!

68,000

!

68,000

General Administration and Support

!

1,844,609

!

1,836,609

Utilization Adjustment

!

(260,760)

$

(260,760)

Total

!

32,721,788

!

28,174,738

Section 22. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation.........................................................................................! 29,381,027 Operations Budget: Personal Services..................................................................................................! 18,103,207 Regular Operating Expenses................................................................................! 1,777,730 Travel..........................................................................................................................! 528,000 Motor Vehicle Equipment Purchases.............................................................................................................! 1,145,550 Publications and Printing..........................................................................................! 93,750 Equipment Purchases...............................................................................................! 654,830 Computer Charges.................................................................................................! 1,993,000 Real Estate Rentals...............................................................................................! 1,458,000

TUESDAY, FEBRUARY 25, 1986

1519

Telecommunications..............................................................................................! 1,250,800 Per Diem, Fees and Contracts..................................................................................! 34,000 Evidence Purchased.................................................................................................-! 440,000 Utilities.........................................................................................................................! 93,000 Postage..........................................................................................................................! 72,510 Capital Outlay........................................................................................................! 2,000,000 Utilization Adjustment..........................................................................................! (263,350) Total Funds Budgeted ........................................................................................$ 29,381,027 Indirect DOAS Funding...................................................................................................! -0Total State Funds Budgeted..............................................................................! 29,381,027

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration

4,564,000

4,564,000

Drug Enforcement

5,728,810

5,728,810

Investigative

9,191,000

9,191,000

Georgia Crime Information Center

5,796,346

5,796,346

Utilization Adjustment

Total

25,060,448

25,060,448

Forensic Sciences Budget:

Personal Services....................................................................................................! 3,448,221 Regular Operating Expenses ...................................................................................$ 391,000 Travel............................................................................................................................! 30,000 Motor Vehicle Equipment Purchases......................................................................! 94,000 Publications and Printing............................................................................................! 8,000 Equipment Purchases...............................................................................................! 135,000 Computer Charges....................................................................................................! 124,000 Real Estate Rentals..........................................................................................................! -0Telecommunications...................................................................................................! 89,000 Per Diem, Fees and Contracts....................................................................................! 5,000 Capital Outlay...................................................................................................................! -0Postage............................................................................................................................! 5,000 Utilities.........................................................................................................................! 35,000 Utilization Adjustment............................................................................................! (43,642) Total Funds............................................................................................................! 4,320,579 State Funds.............................................................................................................! 4,320,579

Section 23. Georgia State Financing and Investment Commission.
Budget Unit: Georgia State Financing and Investment Commission .......................................................................................$ -0-
Departmental Operations Budget: Personal Services.......................................................................................................! 938,861 Regular Operating Expenses .....................................................................................$ 29,275 Travel..............................................................................................................................! 9,000 Motor Vehicle Equipment Purchases ............................................................................$ -0Publications and Printing............................................................................................! 1,200 Equipment Purchases...................................................................................................! 2,325 Computer Charges......................................................................................................! 16,937

1520

JOURNAL OF THE HOUSE,

Real Estate Rentals ....................................................................................................$ 86,130 Telecommunications.... ..........,....................................................................................$ 11,100 Per Diem, Fees and Contracts................................................................................! 115,000 Total Funds Budgeted ..........................................................................................$ 1,209,828 State Funds Budgeted......................................................................................................! -0-

Section 24. Office of the Governor. A. Budget Unit: Governor's Office........................................................................-! 5,637,640
1. Governor's Office Budget: Cost of Operations.................................................................................................! 2,366,000 Mansion Allowance.....................................................................................................! 40,000 Governor's Emergency Fund................................................................................$ 2,500,000 Intern Stipends and Travel.....................................................................................! 150,000 Total Funds Budgeted ..........................................................................................$ 5,056,000 State Funds Budgeted...........................................................................................! 5,056,000
2. Office of Fair Employment Practices Budget: Personal Services.......................................................................................................! 478,000 Regular Operating Expenses .....................................................................................$ 10,000 Travel...........................................................................................................................-! 11,000 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing............................................................................................! 3,000 Equipment Purchases.................................................................................................! 10,000 Computer Charges.............................................................................................................! -0Real Estate Rentals....................................................................................................! 57,000 Telecommunications...................................................................................................! 11,000 Per Diem, Fees and Contracts..................................................................................! 68,000 Utilization Adjustment..............................................................................................^ (6,360) Total Funds Budgeted .............................................................................................$ 641,640 State Funds Budgeted..............................................................................................! 581,640
Budget Unit Object Classes: Cost of Operations.................................................................................................! 2,366,000 Mansion Allowance.....................................................................................................! 40,000 Governor's Emergency Fund................................................................................$ 2,500,000 Intern Stipends and Travel.....................................................................................! 150,000 Personal Services..............................................................,...................................,....! 478,000 Regular Operating Expenses .....................................................................................$ 10,000 Travel............................................................................................................................! 11,000 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing............................................................................................! 3,000 Equipment Purchases.................................................................................................! 10,000 Computer Charges.............................................................................................................! -0Real Estate Rentals....................................................................................................! 68,000 Telecommunications...................................................................................................! 11,000 Per Diem, Fees and Contracts..................................................................................! 68,000 Utilization Adjustment..............................................................................................! (6,360)
B. Budget Unit: Office of Planning and Budget....................................................................................................! 3,761,860
Office of Planning and Budget Budget: Personal Services....................................................................................................! 3,161,000 Regular Operating Expenses .....................................................................................$ 89,000 Travel............................................................................................................................! 60,000 Motor Vehicle Equipment Purchases ............................................................................$ -0Publications and Printing..........................................................................................! 36,000

TUESDAY, FEBRUARY 25, 1986

1521

Equipment Purchases.. ...............................................................................................I 25,000 Computer Charges....................................................................................................! 183,560 Real Estate Rentals ..................................................................................................$ 197,000 Telecommunications ...................................................................................................$ 52,000 Per Diem, Fees and Contracts..................................................................................! 95,000 Utilization Adjustment............................................................................................! (36,700) Total Funds Budgeted ..........................................................................................$ 3,861,860 State Funds Budgeted...........................................................................................! 3,761,860
C. Budget Unit: Units Attached for Administrative Purposes Only ...............................................................................................$ 5,555,559
Attached Units Budget: Personal Services....................................................................................................! 2,953,000 Regular Operating Expenses ...................................................................................$ 140,000 Travel............................................................................................................................$ 86,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0Publications and Printing........................................................................................! 106,000 Equipment Purchases.................................................................................................! 23,000 Computer Charges......................................................................................................! 51,000 Real Estate Rentals ..................................................................................................$ 251,000 Telecommunications.................................................................................................! 145,000 Per Diem, Fees and Contracts.............................................................................! 5,451,000 Art Grants - State Funds .....................................................................................$ 2,250,029 Art Grants - Federal Funds ....................................................................................$ 376,000 Art Grants - Donations..............................................................................................! 44,000 Humanities Grant - State Funds..............................................................................! 50,000 Utilization Adjustment............................................................................................! (39,470) Total Funds Budgeted ........................................................................................$ 11,886,559 State Funds Budgeted...........................................................................................! 5,555,559

Attached Units Functional Budgets

Total Funds

Council for the Arts

!

3,208,029

Office of Consumer Affairs

$

1,707,000

State Energy Office

$

6,087,000

Governor's Committee on Post-Secondary Education

$

156,000

Consumers' Utility Counsel

!

411,000

Criminal Justice Coordinating Council

!

357,000

Utilization Adjustment

!

(39,470)

Total

!

11,886,559

State Funds 2,678,029 1,707,000 286,000
156,000
411,000
357,000 (39,470) 5,555,559

Section 25. Grants to Counties and Municipalities.
Budget Unit: Grants to Counties and Municipalities......................................................................

1522

JOURNAL OF THE HOUSE,

Grants to Counties.................................................................................................$ 2,600,000
Grants to Municipalities.......................................................................................$ 4,200,000 Total Funds Budgeted ..........................................................................................$ 6,800,000 State Funds Budgeted...........................................................................................! 6,800,000

Section 26. Department of Human
Resources. A. Budget Unit: Departmental
Operations.................................................................................................! 339,863,589
1. General Administration and
Support Budget: Personal Services..................................................................................................? 33,361,598 Regular Operating Expenses ................................................................................$ 1,275,396
Travel.......................................................................................................................? 1,111,390
Motor Vehicle Equipment Purchases..................................................................................................................? 26,000
Publications and Printing........................................................................................? 141,945
Equipment Purchases...............................................................................................? 233,827
Computer Charges.................................................................................................? 1,394,000 Real Estate Rentals...............................................................................................? 3,740,750 Telecommunications.................................................................................................? 705,026
Per Diem, Fees and Contracts...........................................................................? 10,094,620 Utilities.......................................................................................................................? 185,000
Postage........................................................................................................................? 721,046 Capital Outlay.............................................................................................................? 24,000
Institutional Repairs and Maintenance...................................................................................................? 132,000
Menninger Group Homes........................................................................................? 402,000
Benefits for Child Care.........................................................................................? 2,144,317
Contract - Georgia Advocacy Office, Inc....,........................................................................................? 215,000
Utilization Adjustment..........................................................................................? (228,869) Total Funds Budgeted ........................................................................................? 55,679,046
Indirect DOAS Services Funding...................................................................................? -0State Funds Budgeted.........................................................................................? 25,673,414

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office

?

721,003

?

721,003

Administrative Appeals

?

980,861

?

980,861

Administrative Policy,
Coordination, and Direction

?

223,626

?

223,626

Personnel

?

6,253,453

?

6,192,453

Support Services

?

2,688,047

?

2,688,047

Indirect Cost

?

-0-

? (5,476,184)

Facilities Management

?

4,205,389

?

3,017,772

Public Affairs

?

409,295

$

409,295

Community/ Intergovernmental Affairs

?

444,062

?

444,062

TUESDAY, FEBRUARY 25, 1986

1523

Budget Administration

1,444,195

1,444,195

Accounting Services

4,280,000

4,280,000

Auditing Services

1,675,822

1,675,822

Special Projects

287,000

287,000

Children and Youth Planning

192,206

192,206

Troubled Children Benefits

2,546,317

2,546,317

Developmental Disabilities

247,413

-0-

Council on Maternal and Infant Health

116,324

116,324

Council on Family Planning
Community Services

16,610

1,661

9,324,850

-0-

Regulatory Services Program Direction and Support

636,945

561,945

Child Care Licensing

1,865,281

1,848,431

Laboratory Improvement

707,769

445,187

Health Care Facilities Regulation

2,378,109

Compliance Monitoring

317,450

Radiological Health

715,471

Fraud and Abuse

3,920,102

Child Support Recovery

9,310,315

Utilization Adjustment

(228,869)

Total

55,679,046

2. Public Health Budget: Personal Services..................................................................................................! 33,657,795 Regular Operating Expenses ..............................................................................$ 46,645,610 Travel..........................................................................................................................$ 981,720
Motor Vehicle Equipment Purchases........................................................................................................................$ -0-
Publications and Printing........................................................................................$ 302,700 Equipment Purchases...............................................................................................! 330,435 Computer Charges ....................................................................................................$ 461,000 Real Estate Rentals..................................................................................................! 674,100 Telecommunications.................................................................................................! 565,000 Per Diem, Fees and Contracts...........................................................................! 16,024,236 Utilities ...............................................................................................................................$ -0Postage..........................................................................................................................! 86,000 Crippled Children Clinics ........................................................................................$ 518,000

1524

JOURNAL OF THE HOUSE,

Grants for Regional Intensive Infant Care.........................................................................................$ 4,936,795
Grants for Regional Maternal and Infant Care.................................................................................$ 2,055,000
Midwifery Program Benefits................................................................................$ 1,385,000 Crippled Children Benefits ..................................................................................$ 6,933,116 Kidney Disease Benefits ..........................................................................................$ 505,000 Cancer Control Benefits........................................................................................! 2,388,000 Contract for the Purchase of
Clotting Factor for the Hemophilia Program............................................................................................! 300,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants.......................................................................................................$ 5,113,000 Grant to Grady Hospital for Cystic Fibrosis Program.........................................................................................! 42,000 Contract with Emory University for Cancer Research..............................................................................................! 119,000 Contract with Auditory Educational Clinic...................................................................................................$ 89,000 Grant-In-Aid to Counties ...................................................................................$ 45,993,000 Contract with Emory University for Arthritis Research...........................................................................................! 215,000 Contract for Scoliosis Screening................................................................................................! 115,000 Family Planning Benefits ........................................................................................$ 302,000 Grants to Counties for Teenage Pregnancy Prevention ..........................................................................................$ 519,500 Grant to Counties for Metabolic Disorders Screening and Treatment ......................................................................................$ 47,000 Contract - Macon-Bibb County Hospital Authority.............................................................................................! 5,000,000 Utilization Adjustment..........................................................................................! (342,834) Total Funds Budgeted ......................................................................................$ 175,961,173 Indirect DOAS Services Funding...................................................................................! -0State Funds Budgeted.........................................................................................! 98,880,404

Public Health Functional Budgets

Total Funds

Director's Office

!

706,705

Employee's Health

$

348,503

Health Program Management

$

859,716

Vital Records

!

1,432,678

Health Services Research

$

607,946

Primary Health Care

!

909,308

Stroke and Heart Attack Prevention

$

1,772,944

Epidemiology

$

1,536,639

Immunization

$

442,822

State Funds

!

706,705

$

313,503

$

774,716

$

1,369,678

$

607,946

$

909,308

$

1,242,944

$

863,663

$

-0-

TUESDAY, FEBRUARY 25, 1986

Sexually Transmitted Diseases

Community Tuberculosis

Center

$

Family Health Management

$

Infant and Child Health

$

Maternal Health -

Perinatal

$

Family Planning

$

Malnutrition

$

Dental Health

$

Children's

Medical Services

$

Chronic Disease

$

Diabetes

$

Cancer Control

$

Environmental Health

$

Laboratory Services

$

Emergency Health

$

Minimum Foundation

$

Newborn Follow Up Care

$

Sickle Cell, Vision

and Hearing

$

High-Risk Pregnant

Women and Infants

$

Grant in Aid to Counties

$

Teenage Pregnancy

Prevention

$

Community Health

Management

$

Community Care

$

Utilization Adjustment

$

Total

$

3. Mental Health - Program Direction and Support Budget: Personal Services........................................... Regular Operating Expenses ....................... Travel.............................................................. Motor Vehicle Equipment Purchases ., .,, Publications and Printing............................ Equipment Purchases...................................

1,451,305
1,340,778 7,726,526 8,336,277
229,839 8,367,907 51,301,240 1,444,289
10,693,402 1,410,211
490,715 3,248,538
932,717 4,019,363 2,346,147 8,483,709
753,747
1,104,547
6,907,777 42,757,000
519,500
1,346,150 2,475,062 (342,834) 175,961,173

1525

352,105

$

1,213,778

$

2,543,566

$

8,206,762

$

-0-

$

3,427,907

$

-0-

$

1,234,114

$

7,920,787

$

1,410,211

$

490,715

$

3,248,538

$

393,945

$

3,884,363

$

1,285,647

$

8,483,709

$

570,797

$

1,104,547

$

6,907,777

$

37,504,037

$

519,500

$

755,933

$

976,037

$

(342,834)

$

98,880,404

.....................$ 4,686,000 ..........................$ 91,000 ........................$ 127,000 ,................................$ -0..........................$ 39,000 ..........................$ 43,000

1526

JOURNAL OF THE HOUSE,

Computer Charges .................................................................................................$ 1,040,000 Real Estate Rentals ...........................................................................................,..............$ -0Telecommunications .................................................................................................$ 247,000 Per Diem, Fees and Contracts................................................................................! 276,000 Utilities ...............................................................................................................................$ -0Postage............................................................................................................................$ 1,000 Contract with
Housing Alternatives..............................................................................................! 70,000 Utilization Adjustment............................................................................................! (60,310) Total Funds Budgeted ..........................................................................................$ 6,559,690 Indirect DOAS Services Funding ...................................................................................$ -0State Funds Budgeted...........................................................................................! 6,110,690

Mental Health - Program Direction and Support Functional Budgets

Total Funds

State Funds

Administration

6,576,975

6,422,975

Indirect Cost

(295,000)

MH/MR Advisory Council

43,025

Utilization Adjustment

(60,310)

Total

$

6,559,690

6,110,690

4. Youth Services - Program Direction and Support: Personal Services....................................................................................................! 1,451,000 Regular Operating Expenses .....................................................................................$ 23,000 Travel............................................................................................................................$ 31,000 Motor Vehicle Equipment Purchases ............................................................................$ -0Publications and Printing............................................................................................! 5,000 Equipment Purchases.................................................................................................! 12,000 Computer Charges ......................................................................................................$ 62,000 Real Estate Rentals..........................................................................................................! -0Telecommunications ...................................................................................................$ 38,000 Per Diem, Fees and Contracts....................................................................................! 4,000 Utilities...............................................................................................................................! -0Postage................................................................................................................................$ -0Utilization Adjustment............................................................................................! (16,260) Total Funds Budgeted ...,......................................................................................$ 1,609,740 Indirect DOAS Services Funding...................................................................................! -0Agency Funds....................................................................................................................! -0State Funds Budgeted...........................................................................................! 1,609,740

5. Services to the Aged Budget: Personal Services....................................................................................................! 2,033,000 Regular Operating Expenses .................,...................................................................$ 46,000 Travel............................................................................................................................! 58,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0Publications and Printing..........................................................................................! 21,000 Equipment Purchases.................................................................................................! 11,000 Computer Charges ......................................................................................................$ 75,000 Real Estate Rentals......................................................................................................! 4,000 Telecommunications..................,................................................................................! 66,000 Per Diem, Fees and Contracts...........................................................................! 23,849,000

TUESDAY, FEBRUARY 25, 1986

1527

Utilities ...............................................................................................................................$ -0Payments to DMA .................................................................................................$ 6,898,000 Postage............................................................................................................................$ 1,000 Utilization Adjustment............................................................................................! (43,870) Total Funds Budgeted ........................................................................................$ 33,018,130 State Funds Budgeted.........................................................................................! 11,241,130

Services to the Aged Functional Budgets

Total Funds

State Funds

Administration and Planning

$

2,725,400

$

1,404,328

Aging Services

$

23,438,600

$

2,982,672

Alternative Health Services

$

6,898,000

$

6,898,000

Utilization Adjustment

$

(43,870)

$

(43,870)

Total

$

33,018,130

$

11,241,130

6. Rehabilitation Services Budget: Personal Services..................................................................................................! 24,637,460 Regular Operating Expenses ................................................................................$ 1,127,000 Travel..........................................................................................................................$ 537,000 Motor Vehicle Equipment Purchases..................................................................................................................! 23,000 Publications and Printing.........................................................................................-! 49,000 Equipment Purchases...............................................................................................! 141,000 Computer Charges....................................................................................................! 786,000 Real Estate Rentals ...............................................................................................$ 1,038,000 Telecommunications.................................................................................................! 625,000 Per Diem, Fees and Contracts................................................................................! 910,000 Utilities.......................................................................................................................! 282,000 Capital Outlay...................................................................................................................! -0Postage..........................................................................................................................$ 94,000 Institutional Repairs and Maintenance...........................................................................................................! -0Grants for Nephrology Centers...............................................................................! 245,000 Contract with Vocational Rehabilitation Community Facilities..............................................................................................................! 5,052,515 Contract for Epilepsy .................................................................................................$ 67,000 Case Services..........................................................................................................! 9,816,000 E.S.R.P. Case Services ...............................................................................................$ 50,000 Contract with the Affirmative Industries................................................................................................................! 110,000 Contract with RCW Industries, Inc.............................................................................................! 146,000 Utilization Adjustment............................................................................................! (68,903) Total Funds Budgeted ........................................................................................$ 45,667,072 Indirect DOAS Services Funding ...................................................................................$ -0State Funds Budgeted.........................................................................................! 14,351,684

Rehabilitation Services Functional Budgets

Total Funds

Program Direction and Support

!

2,841,700

$

State Funds 1,163,689

1528

JOURNAL OF THE HOUSE,

Grants Management

580,210

473,190

Atlanta Rehabilitation Center

2,342,892

468,578

Rehabilitation Center for the Deaf - Cave Spring

480,237

96,047

Central Rehabilitation Center

581,924

116,385

Georgia Vocational Adjustment Center Gracewood

424,575

84,915

Ireland Rehabilitation Center

392,456

78,495

Rome Rehabilitation Center

213,179

J. F. Kennedy Center

413,659

Production Workshop

1,100,980

District Field Services

29,906,054

Independent Living

322,307

Sheltered Employment

1,083,287

Community Facilities

4,698,140

Bobby Dodd Workshop

354,375

Utilization Adjustment

(68,903)

Total

45,667,072

7. Roosevelt Warm Springs Rehabilitation Institute: Personal Services..................................................................................................! 10,435,000 Regular Operating Expenses ................................................................................$ 1,687,000 Travel............................................................................................................................$ 48,000 Motor Vehicle Equipment Purchases..................................................................................................................! 54,000 Publications and Printing..........................................................................................? 15,000 Equipment Purchases...............................................................................................! 110,000 Computer Charges ......................................................................................................$ 62,000 Real Estate Rentals....................................................................................................! 11,000 Telecommunications.................................................................................................! 173,000 Per Diem, Fees and Contracts.............................................................................! 1,452,000 Utilities.......................................................................................................................! 578,000 Postage..........................................................................................................................! 14,300 Case Services......................................................................................................................! -0Capital Outlay...............................,...................................................................................! -0Institutional Repairs and Maintenance...........................................................................................................! -0Utilization Adjustment...................................................................,........................! (40,103) Total Funds Budgeted ........................................................................................$ 14,599,197 Indirect DOAS Services Funding...................................................................................! -0State Funds Budgeted...........................................................................................! 3,970,197

TUESDAY, FEBRUARY 25, 1986

1529

Roosevelt Warm Springs Rehabilitation Institute Functional Budgets

Total Funds

State Funds

Administration

5,545,888

2,498,923

Rehabilitation Services

9,093,412

1,511,377

Utilization Adjustment

(40,103)

(40,103)

Total

$

14,599,197

3,970,197

8. Georgia Factory for the Blind Budget: Personal Services....................................................................................................! 4,653,000 Regular Operating Expenses ................................................................................$ 8,332,000 Travel............................................................................................................................$ 17,000 Motor Vehicle Equipment Purchases.............................................................................................! 20,000 Publications and Printing............................................................................................! 9,000 Equipment Purchases.................................................................................................! 42,000 Computer Charges......................................................................................................! 70,000 Real Estate Rentals.........................................................................................................-! -0Telecommunications ...................................................................................................$ 30,000 Per Diem, Fees and Contracts..................................................................................! 66,000 Utilities.......................................................................................................................! 125,000 Postage............................................................................................................................! 6,000 Capital Outlay...................................................................................................................! -0Utilization Adjustment..............................................................................................^ (5,210) Total Funds Budgeted........................................................................................! 13,364,790 State Funds Budgeted..............................................................................................! 515,790

Georgia Factory for the Blind Functional Budgets

Operations

Total Funds 12,849,000

State Funds -0-

Supervision

521,000

521,000

Utilization Adjustment

Total

13,364,790

515,790

9. Rehabilitation Services Disability Adjudication Budget: Personal Services..................................................................................................! 11,725,000 Regular Operating Expenses...................................................................................! 273,000 Travel............................................................................................................................! 82,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0Publications and Printing..........................................................................................! 41,000 Equipment Purchases...............................................................................................! 150,000 Computer Charges....................................................................................................! 370,000 Real Estate Rentals ..................................................................................................$ 752,000 Telecommunications.................................................................................................! 494,000 Per Diem, Fees and Contracts.............................................................................! 1,441,000 Utilities...............................................................................................................................! -0Postage........................................................................................................................! 342,000

1530

JOURNAL OF THE HOUSE,

Case Services ........................................................................................................$ 11,832,000 Total Funds Budgeted ........................................................................................$ 27,502,000 State Funds Budgeted......................................................................................................! -0-
10. Family and Children Services Budget: Personal Services..................................................................................................! 11,434,000 Regular Operating Expenses ..............................................................................$ 16,968,000 Travel..........................................................................................................................$ 390,000 Motor Vehicle Equipment Purchases..................................................................................................,.....................! -0Publications and Printing........................................................................................! 673,000 Equipment Purchases...............................................................................................! 132,000 Computer Charges...............................................................................................! 11,090,000 Real Estate Rentals ..................................................................................................$ 227,000 Per Diem, Fees and Contracts...........................................................................! 31,997,000 Telecommunications...,.............................................................................................! 972,000 Utilities...........................................................................................................................! 7,000 Postage.................................................................................,......................................! 949,000 AFDC Benefits...................................................................................................! 237,079,440 Grants to County DFACS Operations..................................,....................................................................! 137,686,022 WIN Benefits.............................................................................................................! 886,594 Benefits for Child Care.......................................................................................! 19,745,784 SSI - Supplement Benefits........................................................................................! 20,000 Utilization Adjustment..........................................................................................! (913,294) Total Funds Budgeted ......................................................................................$ 469,343,546 Indirect DOAS Services Funding ...................................................................................$ -0State Funds Budgeted.......................................................................................! 177,510,540

Family and Children Services Functional Budgets

Total Funds

Refugee Benefits

$

1,104,936

AFDC Payments

! 237,079,440

SSI - Supplement Benefits

!

20,000

Energy Benefits

!

16,026,500

County DFACS Operations Social Services

38,073,464

County DFACS Operations Homemaker Services

5,283,806

County DFACS Operations Eligibility

57,329,848

County DFACS Operations Joint and Administration

36,768,293

Food Stamp Issuance

2,512,000

Grants to Fulton County for 24-hour Emergency Services

230,611

Director's Office

532,543

State Funds -0-
80,488,470 20,000 -0-
15,083,519
4,702,406
28,532,087
18,014,890 -0-
230,611 532,543

TUESDAY, FEBRUARY 25, 1986

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

$

Special Projects

$

Utilization Adjustment

$

Total

$

Budget Unit Object Classes: Personal Services................ ............... Regular Operating Expenses ........... Travel.................................................. Motor Vehicle Equipment Purchases........................................ Publications and Printing................ Equipment Purchases....................... Computer Charges ............................ Real Estate Rentals.......................... Telecommunications......................... Per Diem. Fees and Contracts

4,875,190 3,220,157
7,395,831
13,419,303
1,002,765 -0-
4,020,594 700,000
15,034,474 2,932,380
337,700 1,109,230
32,700 19,924,430
130,000 50,000
7,000
172,200 710,030 221,415 (913,294) 469,343,546

1531

$

3,539,239

$

3,220,157

$

3,809,935

$

7,811,953

$

1,002,765

$

(7,375,000)

$

707,410

$

475,000

$

9,432,180

$

2,047,639

$

100,407

$

1,054,848

$

32,700

$

4,302,278

$

128,500

$

50,000

$

7,000

$

44,016

$

206,866

$

221,415

$

(913,294)

$ 177,510,540

.................$ 138,073,853 ...................$ 76,468,006 .....................$ 3,383,110
........................$ 123,000 .....................$ 1,296,645 .....................$ 1,205,262 ...................$ 15,410,000 .....................$ 6,446,850 .....................$ 3,915,026 ...................$ 86.113.856

1532

JOURNAL OF THE HOUSE,

Utilities ....................................................................................................................$ 1,177,000 Postage.....................................................................................................................$ 2,214,346 Capital Outlay .............................................................................................................$ 24,000 Grants for Regional
Intensive Infant Care.........................................................................................$ 4,936,795 Grants for Regional
Maternal and Infant Care.................................................................................$ 2,055,000 Crippled Children Benefits ..................................................................................$ 6,933,116 Crippled Children Clinics ........................................................................................$ 518,000 Kidney Disease Benefits ..........................................................................................$ 505,000 Cancer Control Benefits.......................................................................................-! 2,388,000 Benefits for Medically Indigent
High-Risk Pregnant Women and Their Infants.......................................................................................................$ 5,113,000 Family Planning Benefits ........................................................................................$ 302,000 Benefits for Midwifery Program..........................................................................! 1,385,000 Grant-In-Aid to Counties ...................................................................................$ 45,993,000 Work Incentive Benefits ..........................................................................................$ 886,594 Benefits for Child Care .......................................................................................$ 21,890,101 Grants for Nephrology Centers...............................................................................$ 245,000 Case Services ........................................................................................................$ 21,648,000 E.S.R.P. Case Services ...............................................................................................$ 50,000 SSI-Supplement Benefits...........................................................................................! 20,000 AFDC Benefits...................................................................................................! 237,079,440 Grants to County DFACS Operations.......................................................................................................! 137,686,022
Contract with Vocational Rehabilitation Community Facilities..............................................................................................................! 5,052,515
Contract for the Purchase of Clotting Factor for the Hemophilia Program ............................................................................................$ 300,000
Contract with the Affirmative Industries..........................................................................................! 110,000
Institutional Repairs and Maintenance...................................................................................................! 132,000
Contract with Emory University for Arthritis Research...........................................................................................! 215,000
Grant for Epilepsy Program......................................................................................! 67,000
Grant to Grady Hospital for Cystic Fibrosis Program.........................................................................................! 42,000
Contract for Scoliosis Screening................................................................................................................! 115,000
Menninger Group Homes ........................................................................................$ 402,000
Contract - Georgia Advocacy Office, Inc.............................................................................................! 215,000
Grant for Teenage Pregnancy Prevention Program..............................................................................................! 519,500
Contract - Cancer Research
at Emory.................................................................................................................! 119,000
Contract - Macon-Bibb County
Hospital Authority .............................................................................................$ 5,000,000
Contract with
RCW Industries, Inc.............................................................................................! 146,000
Grants to Counties for
Metabolic Disorders
Screening and Testing............................................................................................! 47,000

TUESDAY, FEBRUARY 25, 1986

1533

Payments to DMA.................................................................................................$ 6,898,000 Contract with
Housing Alternatives..............................................................................................! 70,000 Contract with Auditory
Educational Clinic...................................................................................................! 89,000 Utilization Adjustment.......................................................................................! (1,719,653)
B. Budget Unit: State Health Planning and Development.............................................................................................! 684,090
State Health Planning and Development Budget: Personal Services.......................................................................................................! 755,000 Regular Operating Expenses .....................................................................................$ 32,000 Travel..............................................................................................................................! 6,000 Publications and Printing............................................................................................! 3,000 Equipment Purchases.................................................................................................! 18,000 Computer Charges......................................................................................................! 28,000 Real Estate Rentals..................................................................................................! 106,000 Telecommunications...................................................................................................! 27,000 Per Diem, Fees and Contracts................................................................................! 113,000 Postage..........................................................................................................................! 10,000 Utilization Adjustment..............................................................................................! (6,910) Total Funds Budgeted ..........................................................................................$ 1,091,090 Indirect DOAS Services Funding...................................................................................! -0State Funds Budgeted..............................................................................................! 684,090
C. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions................................................................................................! 356,053,560
Departmental Operations: Personal Services................................................................................................! 285,723,409 Regular Operating Expenses..............................................................................! 29,841,938 Travel..........................................................................................................................! 625,000 Motor Vehicle Equipment Purchases................................................................................................................! 808,000 Publications and Printing..........................................................................................! 88,000 Equipment Purchases...........................................................................................-! 2,407,000 Computer Charges.................................................................................................! 3,413,000 Real Estate Rentals..................................................................................................! 618,000 Telecommunications..............................................................................................! 2,538,000 Per Diem, Fees and Contracts...........................................................................! 16,474,933 Utilities..................................................................................................................! 16,036,000 Postage........................................................................................................................! 241,000 Capital Outlay...........................................................................................................! 703,240 Authority Lease Rentals .......................................................................................$ 2,415,000 Institutional Repairs and Maintenance................................................................................................! 2,000,000 Grants to County-Owned Detention Centers..............................................................................................! 2,223,000 Reserve for Thomasville RYDC......................................................................................$ -0Reserve for Claxton RYDC .............................................................................................$ -0Drug Abuse Contracts ...........................................................................................$ 1,053,000 Day Care Centers for the Mentally Retarded...........................................................................................! 60,471,800 MR Day Care Center Motor Vehicle Purchases ..............................................................................................$ 1,917,000 Supportive Living Staff ........................................................................................$ 1,604,715

1534

JOURNAL OF THE HOUSE,

Supportive Living Benefits...................................................................................! 8,351,848 Georgia State Foster
Grandparent/Senior Companion Program............................................................................................-! 568,000 Community Mental Health Center Services............,...............................................,....................................! 69,968,548 Project Rescue...........................................................................................................! 348,000 Project ARC...............................................................................................................! 244,000 Project Friendship....................................................................................................! 277,000 Group Homes for Autistic Children...................................................................................................! 241,000 Contract with Clayton County Board of Education for Autistic Children.....................................................................................................! 71,000 Uniform Alcoholism Projects ...............................................................................$ 1,560,616 Child Care Benefits....................................................................................................! 16,000 Community Mental Retardation Staff ...............................................................................................$ 2,973,000 Community Mental Retardation Residential Services.........................................................................................! 15,269,817 Lumpkin Area Individual Living, Inc. ...............................................................................................................$ 33,000 Utilization Adjustment.......................................................................................! (2.626,464) Total Funds Budgeted ......................................................................................$ 528,497,400 Indirect DOAS Services Funding...................................................................................! -0State Funds Budgeted.......................................................................................! 356,053,560

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets

Total Funds

State Funds

Southwestern State Hospital

!

30,181,168

$

19,633,168

Georgia Retardation Center

$

26,385,400

$

13,028,400

Georgia Mental Health Institute

$

21,420,279

$

18,938,300

Georgia Regional Hospital at Augusta

$

14,045,669

$

12,906,669

Northwest Regional Hospital at Rome

!

22,019,005

$

17,423,005

Georgia Regional Hospital at Atlanta

$

21,346,628

$

16,608,650

Central State Hospital

$ 103,644,007

$

72,868,007

Georgia Regional Hospital at Savannah

$

14,560,996

$

12,978,996

Gracewood State School and Hospital

!

38,631,000

$

20,253,000

West Central Georgia Regional Hospital

$

12,335,002

$

10,542,002

TUESDAY, FEBRUARY 25, 1986

Regional Youth Development Centers
State Youth Development Centers
Court Services
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

13,333,300

$

20,025,600

$

7,902,000

$

2,167,000

$

744,000

$

556,000

$

430,000

$

93,000

$

2,589,966

$

331,000

$

1,651,500

$

7,130,000

$

2,691,000

$

140,000

$

62,388,800

$

9,956,563

$

568,000

$

348,000

$

1,053,000

69,968,548

1,560,616 244,000
1,503,000

241,000 277,000 315,000

2,973,000

1535

13,062,300

$

19,695,600

$

7,902,000

$

2,167,000

$

744,000

$

556,000

$

430,000

$

93,000

$

2,548,966

$

331,000

$

1,633,500

$

7,130,000

$

1,993,000

$

140,000

$

28,785,800

$

5,927,936

$

568,000

$

185,000

$

1,053,000

32,271,000

$

1,497,616

$

244,000

$

630,000

$

241,000

$

277,000

$

-0-

2,703,000

1536

JOURNAL OF THE HOUSE,

Community Mental Retardation Residential Services
Lumpkin Area Individual Living, Inc.
Contract with Clayton County Board of Education for Autistic Children
Utilization Adjustment
Total

$

15,269,817

$

33,000

$

71,000

$

(2,626,464)

$ 528,497,400

$

10,586,109

$

33,000

$

71,000

$

(2,626,464)

$ 356,053,560

Section 27. Department of Industry
and Trade. A. Budget Unit: Department of Industry
and Trade ....................................................................................................$ 14,570,646 State Operations Budget:
Personal Services....................................................................................................? 5,663,251 Regular Operating Expenses ...................................................................................$ 741,000 Travel..........................................................................................................................$ 312,000 Motor Vehicle Equipment
Purchases........................................................................................................................$ -0Publications and Printing........................................................................................! 324,000 Equipment Purchases.................................................................................................! 63,600 Computer Charges ....................................................................................................$ 148,000 Real Estate Rentals..................................................................................................! 407,000 Telecommunications.................................................................................................! 163,000 Per Diem, Fees and Contracts................................................................................! 448,000 Postage........................................................................................................................! 181,000 Local Welcome Center Contracts...........................................................................! 190,000 Advertising..............................................................................................................! 3,250,000 Cooperative Advertising...................................................................................................! -0-
Georgia Ports Authority Authority Lease Rentals ...................................................................................$ 2,735,000
Georgia Ports Authority General Obligation Bond Payments...........................................................................................................! 23,288,000
Historic Chattahoochee Commission Contract.............................................................................................! 60,000
Atlanta Council for International Visitors .............................................................................................$ 25,000
Waterway Development in Georgia..........................................................................! 50,000 Georgia Music Week Promotion...............................................................................! 35,000 Georgia World Congress Center
Operating Expenses......................................................................................................! -0Contract - Georgia Association
of Broadcasters........................................................................................................! 53,000 Southern Center for
International Studies..............................................................................................! 25,000 Capital Outlay ...........................................................................................................$ 575,000
Contract - Lanier Regional Committee......................................................................................................................! -0-
Utilization Adjustment............................................................................................! (78^500) Total Funds Budgeted ........................................................................................$ 38,658,351 State Funds Budgeted.........................................................................................! 14,570,646

TUESDAY, FEBRUARY 25, 1986

1537

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration

$

29,016,824

$

4,929,119

Economic Development

$

3,740,840

$

3,740,840

Tourist

$

5,979,187

$

5,979,187

Utilization Adjustment

$

(78,500)

$

(78,500)

Total

$

38,658,351

$

14,570,646

B. Budget Unit: Authorities..............................................................,................................! -0Administration Budget: Personal Services..................................................................................................$ 32,597,003 Regular Operating Expenses ..............................................................................$ 12,302,025 Travel..........................................................................................................................$ 547,664 Motor Vehicle Equipment Purchases........................................................................................................................! -0Publications and Printing........................................................................................! 160,896 Equipment Purchases.................................................................................................! 50,000 Computer Charges....................................................................................................! 608,000 Real Estate Rentals..................................................................................................! 134,810 Telecommunications.................................................................................................! 442,919 Per Diem, Fees and Contracts.............................................................................! 1,755,377 G.O. Bonds and Lease Rentals - G.P.A. ...............................................................................................$ 16,415,000 Other Debt Service Payments - G.P.A. .............................................................................................$ 1,564,000 Capital Outlay - Internal Operations - G.P.A.............................................................................................! 5,498,955 Atlanta Convention and Visitors Bureau - G.W.C.C...............................................................................$ 1,945,997 Total Funds Budgeted ........................................................................................$ 74,022,646 State Funds Budgeted......................................................................................................! -0-

Georgia World Congress Center
Georgia Ports Authority
Total

Authorities Functional Budgets Total Funds

$

12,259,275

!

61,763,371

!

74,022,646

State Funds

$

-0-

!

^

$

-0-

Section 28. Department of Insurance. Budget Unit: Office of Insurance Commissioner..............................................................................................! 8,089,615 Operations Budget: Personal Services....................................................................................................! 7,551,126 Regular Operating Expenses ...................................................................................$ 397,200 Travel..........................................................................................................................! 208,000 Motor Vehicle Equipment Purchases....................................................................! 106,000 Publications and Printing........................................................................................! 135,000 Equipment Purchases.................................................................................................! 51,635

1538

JOURNAL OF THE HOUSE,

Computer Charges....................................................................................................? 199,163 Real Estate Rentals ..................................................................................................$ 470,000 Telecommunications.................................................................................................^ 143,700 Per Diem, Fees and Contracts..................................................................................! 33,001 Utilization Adjustment............................................................................................$ (79,210) Total Funds Budgeted ..........................................................................................$ 9,215,615 State Funds Budgeted...........................................................................................! 8,089,615

Department of Insurance Functional Budgets

Total Funds

Internal Administration

$

1,305,897

Insurance Regulation

$

2,081,625

Industrial Loans Regulation

$

520,152

Information and Enforcement

1,444,547

Fire Safety and Mobile Home Regulations

3,942,604

Utilization Adjustment

(79,210)

Total

9,215,615

State Funds 1,305,897 1,976,625
520,152
1,444,547
2,921,604 (79,210) 8,089,615

Section 29. Department of Labor. Budget Unit: Department of Labor......................................................................! 6,306,347 State Operations: Personal Services..................................................................................................! 58,650,000 Regular Operating Expenses ................................................................................$ 2,952,000 Travel..........................................................................................................................! 968,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0Publications and Printing..........................................................................................! 36,000 Equipment Purchases...............................................................................................! 301,000 Computer Charges .................................................................................................$ 2,459,000 Real Estate Rentals ...............................................................................................$ 2,255,000 Telecommunications..............................................................................................! 1,158,000 Per Diem, Fees and Contracts (JTPA).............................................................................................$ 56,388,000 Per Diem, Fees and Contracts.............................................................................! 1,747,000 Capital Outlay........................................................................................................! 1,000,000 W.I.N. Grants ............................................................................................................$ 260,000 Payments to State Treasury ...................................................................................$ 539,000 Utilization Adjustment............................................................................................! (41,653) Total Funds Budgeted ......................................................................................$ 128,671,347 State Funds Budgeted...........................................................................................! 6,306,347

Department of Labor Functional Budgets

Total Funds

Executive Offices

5,726,904

Administrative Services

10,994,966

Unemployment Insurance

7,736,403

State Funds 1,844,169 912,202 4,209

TUESDAY, FEBRUARY 25, 1986

1539

Employment Services Field Services Job Training
Partnership Utilization Adjustment
Total

3,912,294 47,062,346
53,280,087 (41,653)
128,671,347

344,323 3,243,097

Section 30. Department of Law.
Budget Unit: Department of Law.........................................................................! 6,481,719 Attorney General's Office Budget:
Personal Services....................................................................................................$ 5,786,712 Regular Operating Expenses ...................................................................................$ 290,100 Travel..........................................................................................................................! 127,000 Motor Vehicle Equipment Purchases ............................................................................$ -0Publications and Printing..........................................................................................? 38,000 Equipment Purchases.................................................................................................! 28,000 Computer Charges ....................................................................................................$ 127,899 Real Estate Rentals ..................................................................................................$ 315,000 Telecommunications ...................................................................................................$ 95,000 Per Diem, Fees and Contracts ..................................................................................$ 45,000 Books for State Library ...........................................................................................$ 110,000 Capital Outlay...................................................................................................................! -0Utilization Adjustment............................................................................................! (61,092) Total Funds Budgeted ..........................................................................................$ 6,901,619 State Funds Budgeted...........................................................................................! 6,481,719

Section 31. Department of
Medical Assistance. Budget Unit: Medicaid Services .......................................................................$ 288,501,878 Departmental Operations Budget:
Personal Services....................................................................................................! 8,054,096 Regular Operating Expenses ...................................................................................$ 267,000 Travel..........................................................................................................................! 168,000 Motor Vehicle
Equipment Purchases...................................................................................................! -0Publications and Printing..........................................................................................? 52,000 Equipment Purchases.................................................................................................! 89,000 Computer Charges.................................................................................................? 9,102,422 Real Estate Rentals..................................................................................................? 798,000 Telecommunications.................................................................................................? 383,000 Per Diem, Fees and Contracts...........................................................................! 11,058,000 Postage..........................................................................................................................! 88,000 Medicaid Benefits..............................................................................................? 918,965,044 Payments to Counties for
Mental Health ..................................................................................................$ 13,200,000 Audits Contracts....................................................................................................? 1,285,000 Utilization Adjustment............................................................................................! (73,353) Total Funds Budgeted......................................................................................? 963,436,209 State Funds Budgeted.......................................................................................? 288,501,878

Medical Assistance Functional Budgets

Total Funds

Commissioner's Office

$

709,537

State Funds

$

354,937

1540

JOURNAL OF THE HOUSE,

Program Management Administration Operations Program Integrity Benefits Utilization Adjustment Total

$

13,885,911

$

2,702,569

$

11,013,624

$

3,032,877

$ 932,165,044

|

(73,353)

$ 963,436,209

$

2,169,444

$

792,529

$

2,769,624

$

1,306,309

$ 281,182,388

$

(73,353)

$ 288,501,878

Section 32. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration Agency Assessments...................................................................................! 6,387,222
Departmental Operations Budget: Personal Services....................................................................................................! 4,984,695 Regular Operating Expenses ...................................................................................$ 143,990 Travel............................................................................................................................! 67,950 Motor Vehicle Equipment Purchases........................................................................................................................! -0Publications and Printing........................................................................................! 182,250 Equipment Purchases.................................................................................................! 30,805 Computer Charges......................................................,...................,......................! 1,612,307 Real Estate Rentals..................................................................................................! 685,737 Telecommunications...................................................................................................! 76,450 Per Diem, Fees and Contracts...........................................................................! 27,092,631 Postage........................................................................................................................! 179,240 Health Insurance Payments.............................................................................| 254,557,620 Total Funds Budgeted ......................................................................................$ 289,613,675 Agency Assessments ..............................................................................................$ 6,387,222 Employee and Employer Contributions..................................................................................................! 283,190,116 Deferred Compensation ....................................................................................,........$ 36,337

Merit System Functional Budgets

Total Funds

Applicant Services

!

1,871,082

Classification and Compensation

$

836,325

Program Evaluation and Audit

$

646,545

Employee Training and Development

!

1,036,547

Health Insurance Administration

!

6,902,764

Health Insurance Claims

$ 276,025,822

Internal Administration

$

1,177,381

State Funds

!

-0-

$

-0-

$

-0-

!

-0-

!

-0-

$

-0-

$

-0-

TUESDAY, FEBRUARY 25, 1986

1541

Commissioner's Office Undistributed Total

$

1,117,209

$

-0-

$

^

$

^

$ 289,613,675

$

-0-

Section 33. Department of Natural
Resources.
A. Budget Unit: Department of Natural Resources.....................................................................................................$ 58,508,063
Operations Budget: Personal Services..................................................................................................$ 42,466,183 Regular Operating Expenses ................................................................................$ 8,300,050 Travel..........................................................................................................................$ 476,500 Motor Vehicle Equipment Purchases.............................................................................................................$ 1,366,500 Publications and Printing........................................................................................$ 541,500 Equipment Purchases............................................................................................$ 1,138,500 Computer Charges ....................................................................................................$ 407,000 Real Estate Rentals...............................................................................................$ 1,479,196 Telecommunications.................................................................................................! 825,680 Per Diem, Fees and Contracts.............................................................................! 1,002,000 Postage........................................................................................................................! 354,800 Land and Water Conservation Grants ..................................................................................................................$ 3,000,000 Recreation Grants.....................................................................................................! 540,000 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................................................................................................! 1,242,000 Capital Outlay Shop Stock - Parks...............................................................................................! 520,000 Capital Outlay - Heritage Trust.............................................................................! 535,000 Authority Lease Rentals ..........................................................................................$ 915,000 Cost of Material for Resale ..................................................................................$ 1,310,000 Payments to Lake Lanier Islands Development Authority........................................................................................! 513,000 Contract - Special Olympics, Inc............................................................................................................................! 206,000 Georgia Sports Hall of Fame....................................................................................! 50,000 Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition .........................................................................................$ 400,000 Capital Outlay - User Fee Enhancements - Parks ......................................................................................$ 1,300,000
Capital Outlay - Buoy Maintenance.............................................................................................................! 20,000
Capital Outlay - Consolidated Maintenance - Game and Fish............................................................................! 250,000
Technical Assistance Contract................................................................................! 125,000 Capital Outlay...........................................................................................................! 142,000 Contract - Georgia Rural
Water Association ...................................................................................................$ 10,000 Grant - The Hay House.............................................................................................! 40,000 Lanier Regional Committee.......................................................................................! 13,000

1542

JOURNAL OF THE HOUSE,

Contract - Corps of Engineers (Cold Water Creek St. Park)...............................................................................$ 188,000
Contract - Corps of Engineers (Tybee Island)................................................................................................................$ -0-
Advertising and Promotion .....................................................................................$ 100,000
Payment to Georgia Agricultural Exposition Authority ................................................................................................................$ 250,000
Historic Preservation Grant ...............................................................................................................................$ -0-
Payment to Jekyll Island State Park Capital Outlay................................................................................................................? -0-
Payment to Stone Mountain Memorial Association Capital Outlay................................................................................................................$ -0-
Environmental Facilities Grants..........................................................................$ 8,000,000
Non-Game Wildlife Habitat Fund .........................................................................................................$ 150,000
Georgia Boxing Commission........................................................................................! 5,000 Utilization Adiustment....................................................................................-....$ (413,190) Total Funds Budgeted ........................................................................................$ 78,168,719 Receipts from Jekyll Island
State Park Authority ..............................................................................................$ 53,750 Receipts from Stone Mountain
Memorial Association...........................................................................................! 315,000 Indirect DOAS Funding...................................................................................................! -0State Funds Budgeted.........................................................................................! 58,508,063

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration

5,419,764

5,051,014

Game and Fish

21,680,705

18,764,014

Parks, Recreation and Historic Sites
Environmental Protection

$

26,692,173

$

23,484,921

!

14,089,042

!

19,781,837

Coastal Resources

!

1,304,346

!

1,235,346

Utilization Adjustment

I

(413,190)

!

(413,190)

Total

$

78,168,719

$

58,508,063

.................................$ -0-
Operations Budget: Personal Services....................................................................................................! 5,733,850 Regular Operating Expenses ................................................................................$ 3,425,200 Travel............................................................................................................................! 68,000
Motor Vehicle Equipment Purchases..................................................................................................................! 39,000
Publications and Printing........................................................................................! 104,000 Equipment....................................................................................................................! 44,200 Computer Charges ......................................................................................................$ 20,000 Real Estate Rentals.................................................................................................-! 13,950 Telecommunications.................................................................................................! 119,000

TUESDAY, FEBRUARY 25, 1986

1543

Per Diem, Fees and Contracts................................................................................$ 191,000 Capital Outlay ...................................................................................................................$ -0Promotion Expense...........................................................................................................$ -0Boat Replacement Expense.....................................................................................! 156,200 Payments to the Department
of Natural Resources ..............................................................................................$ 53,750 Mortgage Payments..........................................................................................................! -0Total Funds Budgeted ..........................................................................................$ 9,968,150 State Funds Budgeted......................................................................................................! -0-

Authorities Functional Budgets

Total Funds

Lake Lanier Islands Development Authority

$

3,640,800

Jekyll Island State Park Authority

$

6,077,350

Georgia Agricultural Exposition Authority

$

250,000

Stone Mountain Memorial Association

$

^

Total

$

9,968,150

State Funds

$

-0-

$

-0-

$

-0-

$

-0-

$

-0-

Section 34. Board of Postsecondary
Vocational Education. Budget Unit: Board of Postsecondary
Vocational Education...............................................................................! 83,784,079 Board of Postsecondary Vocational
Education Budget: Personal Services....................................................................................................! 7,604,431 Regular Operating Expenses ................................................................................$ 1,298,545 Travel............................................................................................................................! 94,700 Motor Vehicle
Equipment Purchases.................................................................................-......-....! 29,000 Publications and Printing..........................................................................................! 43,720 Equipment Purchases...............................................................................................! 289,100 Computer Charges....................................................................................................! 259,400 Real Estate Rentals ..................................................................................................$ 222,450 Telecommunications...................................................................................................! 89,150 Per Diem, Fees and Contracts................................................................................! 947,000 Utilities.......................................................................................................................! 928,900 Area School Construction................................................................................................! -0Area-School Program...........................................................................................! 70,618,700 Junior College Program ........................................................................................$ 2,570,625 Teacher's Health Insurance..................................................................................! 1,852,850 Quick Start..............................................................................................................! 2,800,000 Teacher's Retirement ............................................................................................$ 6,507,120 Capital Outlay...................................................................................................-......-.......-! -0Utilization Adjustment............................................................................................! (66,273) Total Funds Budgeted ........................................................................................$ 96,089,418 State Funds Budgeted.........................................................................................! 83,784,079

1544

JOURNAL OF THE HOUSE,

Board of Post Secondary Functional Budgets

Total Funds

State Operations

$

87,844,626

North Georgia VocationalTechnical School

4,632,135

South Georgia VocationalTechnical School

3,678,930

Utilization Adjustment

(66,273)

Total

96,089,418

State Funds 77,326,077
3,571,235
2,953,040 (66,273)
83,784,079

Section 35. Department of Public Safety. A. Budget Unit: Department of Public
Safety ...........................................................................................................$ 61,810,216 Operations Budget:
Personal Services..................................................................................................! 44,932,526 Regular Operating Expenses ................................................................................$ 6,105,800 Travel......................................................................,...................................................! 128,000 Motor Vehicle Equipment
Purchases.............................................................................................................! 3,676,214 Publications and Printing.......................................................................................-! 680,000 Equipment Purchases...............................................................................................! 596,095 Computer Charges .................................................................................................$ 3,116,512 Real Estate Rentals....................................................................................................! 13,000 Telecommunications.................................................................................................! 774,200 Per Diem, Fees and Contracts................................................................................! 182,000 Postage.....................................................................................................................! 1,022,500 Conviction Reports ...................................................................................................$ 215,000 State Patrol Posts
Repairs and Maintenance ....................................................................................$ 180,000 Driver License Processing........................................................................................! 850,000 Utilization Adjustment..........................................................................................! (615,731) Total Funds Budgeted ........................................................................................$ 61,856,116 Indirect DOAS Service Funding.....................................................................................! -0State Funds Budgeted.........................................................................................! 61,810,216

Public Safety Functional Budgets

Total Funds

Administration

!

6,847,000

Driver Services

!

14,113,847

Field Operations

!

41,511,000

Utilization Adjustment

!

(615,731)

Total

!

61,856,116

B. Budget Unit: Units Attached for Administrative Purposes Only....................
Attached Units Budget: Personal Services......................... Regular Operating Expenses .....

State Funds 6,847,000 14,067,947 41,511,000 (615,731) 61,810,216
..! 9,821,548 ..! 4,468,173 ..$ 1,923,131

TUESDAY, FEBRUARY 25, 1986

1545

Travel..........................................................................................................................$ 148,400 Motor Vehicle Equipment
Purchases...............................................................................................................^ 140,500 Publications and Printing..........................................................................................! 54,500 Equipment Purchases...............................................................................................$ 127,386 Computer Charges ....................................................................................................$ 246,800 Real Estate Rentals....................................................................................................! 87,000 Telecommunications.................................................................................................$ 216,446 Per Diem, Fees and Contracts.............................................................................! 1,009,730 Postage..........................................................................................................................$ 37,500 Peace Officers Training Grants...........................................................................! 2,295,000 Highway Safety Grants .........................................................................................$ 3,500,000 Utilization Adjustment............................................................................................! (77,818) Total Funds Budgeted ........................................................................................$ 14,176,748 State Funds Budgeted...........................................................................................! 9,821,548

Attached Units Functional Budgets

Total Funds

Office of Highway Safety

$

3,918,000

Georgia Peace Officers Standards and Training

3,718,665

Police Academy

1,172,000

Fire Academy

835,000

Georgia Firefighters Standards and Training Council

396,000

Organized Crime Prevention Council

294,000

Georgia Public Safety Training Facility

3,920,901

Utilization Adjustment

(77.818)

Total

14,176,748

State Funds 214,000
3,702,465 1,127,000
748,000
396,000
294,000
3,417,901 (77,818)
9,821,548

Section 36. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System...................................................................................! 12,319,084
Departmental Operations Budget: Payments to Employees' Retirement System ...............................................................................................$ 194,084 Employer Contributions......................................................................................! 12,125,000 Total Funds Budgeted ........................................................................................$ 12,319,084 State Funds Budgeted....................................................................-...................-! 12,319,084

Section 37. Public Service Commission. Budget Unit: Public Service Commission .................................................................................................$ 5,996,462
Departmental Operations Budget: Personal Services.......................................................................................-...........! 4,599,374 Regular Operating Expenses ...................................................................................$ 237,641

1546

JOURNAL OF THE HOUSE,

Travel..........................................................................................................................$ 137,000 Motor Vehicle Equipment Purchases ......................................................................$ 86,000
Publications and Printing..........................................................................................$ 24,000 Equipment Purchases.................................................................................................! 38,450 Computer Charges ....................................................................................................$ 167,157
Real Estate Rentals..................................................................................................! 249,000 Telecommunications..................................................................,..............................! 112,000
Per Diem, Fees and Contracts................................................................................! 855,000 Utilization Adjustment............................................................................................! (59,160) Total Funds Budgeted ..........................................................................................$ 6,446,462
State Funds Budgeted...........................................................................................! 5,996,462

Public Service Commission Functional Budgets

Total Funds

Administration

$

1,119,737

$

Transportation

$

2,124,135

$

Utilities

$

3,261,750

$

Utilization Adjustment

$

(59,160)

$

Total

$

6,446,462

$

State Funds 1,119,737 1,768,585 3,167,300 (59,160) 5,996,462

Section 38. Regents, University System of Georgia.
A. Budget Unit: Resident Instruction...............................................................! 584,460,044 Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs.........................................................................$ 604,701,041 Sponsored Operations......................................................................................! 72,000,000 Operating Expenses: Educ., Gen., and Dept. Svcs.........................................................................$ 164,557,208 Sponsored Operations......................................................................................! 80,000,000 Office of Minority Business Enterprise..............................................................................................! 295,513 Special Desegregation Programs.............................................................................! 330,702 Authority Lease Rentals .....................................................................................$ 15,589,169 Research Consortium.............................................................................................! 5,100,000 Eminent Scholars Program......................................................................................! 500,000 Total Funds Budgeted ......................................................................................! 943,073,633 Departmental Income..........................................................................................! 23,000,000 Sponsored Income..............................................................................................! 152,000,000 Other Funds........................................................................................................$ 183,613,589 Indirect DOAS Services Funding...................................................................................! -0State Funds Budgeted.......................................................................................! 584,460,044
B. Budget Unit: Regents Central Office and Other Organized Activities....................................................................................................! 123,153,390
Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs.........................................................................! 156,846,499 Sponsored Operations......................................................................................! 49,528,203 Operating Expenses: Educ., Gen., and Dept. Svcs...........................................................................! 68,831,395 Sponsored Operations......................................................................................! 22,314,962

TUESDAY, FEBRUARY 25, 1986

1547

Fire Ant and Environmental Toxicology Research.............................................................................................! 254,661
Agricultural Research............................................................................................! 1,535,240 Advanced Technology
Development Center.............................................................................................! 992,043 Capitation Contracts for
Family Practice Residency ...............................................................................$ 2,580,000 Capital Outlay - ETMH .......................................................................................$ 2,200,000 Residency Capitation Grants ...............................................................................$ 2,381,730 Student Preceptorships............................................................................................! 158,000 Center for Rehabilitation
Technology.............................................................................................................! 538,375 SREB Payments.....................................................................................................! 6,481,600 Medical Scholarships................................................................................................! 611,750 Regents Opportunity Grants...................................................................................! 600,000 Regents Scholarships................................................................................................! 200,000 Equipment - Agricultural
Experiment Stations.............................................................................................! 200,000 Rental Payments to Georgia
Military College.....................................................................................................! 608,124 Total Funds Budgeted ......................................................................................$ 316,862,582 Departmental Income............................................................................................! 1,932,626 Sponsored Income................................................................!...............................! 71,843,165 Other Funds........................................................................................................! 117,733,401 Indirect DOAS Services Funding...................................................................................! -0State Funds Budgeted.......................................................................................! 123,153,390

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

Marine Resources Extension Center

$

1,491,788

!

991,788

Skidaway Institute of Oceanography

$

2,983,423

$

1,275,423

Marine Institute

!

1,498,698

$

750,350

Georgia Tech Research Institute

$

81,320,874

$

9,888,474

Engineering Extension Division

$

3,526,187

$

1,940,916

Agricultural Experiment Station

!

44,031,172

$

28,253,772

Cooperative Extension Service

!

42,420,465

$

27,781,898

Eugene Talmadge Memorial Hospital

! 113,120,545

$

30,760,361

Veterinary Medicine Experiment Station

!

2,574,951

$

2,574,951

Veterinary Medicine Teaching Hospital

!

2,101,034

$

477,458

1548

JOURNAL OF THE HOUSE,

Family Practice Residency Program

$

5,439,370

$

5,439,370

Georgia Radiation Therapy Center

$

1,387,911

$

-0-

Athens and Tifton Veterinary
Laboratories

$

1,947,535

$

-0-

Regents Central Office

$

13,018,629

$

13,018,629

Undistributed

|

^

$

-0-

Total

$ 316,862,582

$ 123,153,390

C. Budget Unit: Georgia Public Telecommunications Commission ...................................................................................................$ 6,722,181
Public Telecommunications
Commission Budget: Personal Services:
Educ., Gen., and Dept. Svcs.............................................................................$ 4,265,020
Operating Expenses: Educ., Gen., and Dept. Svcs.............................................................................$ 6,069,604
Total Funds Budgeted ........................................................................................$ 10,334,624
State Funds Budgeted...........................................................................................$ 6,722,181

Section 39. Department of Revenue. Budget Unit: Department of Revenue...............................................................! 58,075,362
Operations Budget: Personal Services..................................................................................................$ 35,171,600
Regular Operating Expenses ................................................................................$ 1,131,865 Travel.......................................................................................................................$ 1,374,915 Motor Vehicle Equipment
Purchases..................................................................................................................$ 97,245 Publications and Printing.....................................................................................$ 2,070,145 Equipment Purchases..............................................................................................^ 371,585
Computer Charges .....................................................,...........................................$ 7,165,851 Real Estate Rentals ...............................................................................................$ 2,008,340
Telecommunications...............................................................................................^ 579,775 Per Diem, Fees and Contracts................................................................................$ 205,595
County Tax Officials/Retirement and FICA.............................................................................................................$ 1,593,000
Grants to Counties/Appraisal
Staff......................................................................................................................$ 1,554,610 Motor Vehicle Tag Purchases ..............................................................................$ 2,584,750
Motor Vehicle Decal Purchases ..............................................................................$ 441,875 Postage.....................................................................................................................$ 2,219,340
Utilization Adjustment..........................................................................................$ (495,129) Total Funds Budgeted ........................................................................................$ 58,075,362
Indirect DOAS Services Funding ...................................................................................$ -0State Funds Budgeted.........................................................................................$ 58,075,362

Departmental Administration

Department of Revenue Functional Budgets Total Funds

$

4,743,181

$

State Funds 4,743,181

TUESDAY, FEBRUARY 25, 1986

1549

Internal Administration Electronic Data
Processing Field Services Income Tax Motor Vehicle Central Audit Property Tax Sales Tax Utilization Adjustment Total

6,238,912
3,662,044 11,608,295 6,543,842 13,301,821 4,759,260 3,863,395 3,849,741
(495,129) 58,075,362

6,238,912
3,662,044 11,608,295 6,543,842 13,301,821 4,759,260 3,863,395 3,849,741
(495,129) 58,075,362

Section 40. Secretary of State. A. Budget Unit: Secretary of State......................................................................! 17,105,729
Personal Services..................................................................................................! 10,978,910 Regular Operating Expenses ................................................................................$ 1,476,974 Travel..........................................................................................................................$ 216,873 Motor Vehicle Equipment
Purchases................................................................................................................! 144,625 Publications and Printing........................................................................................! 377,225 Equipment Purchases...............................................................................................! 170,225 Computer Charges ....................................................................................................$ 556,112 Real Estate Rentals...............................................................................................! 1,802,820 Telecommunications.................................................................................................! 289,177 Per Diem, Fees and Contracts................................................................................! 450,618 Election Expenses.....................................................................................................! 500,000 Postage........................................................................................................................! 306,250 Utilization Adjustment..........................................................................................! (164,080) Total Funds Budgeted ........................................................................................$ 17,105,729 State Funds Budgeted.........................................................................................! 17,105,729

Secretary of State Functional Budgets

Total Funds

Internal Administration

2,547,486

Archives and Records

4,116,785

Corporations Regulation

1,604,009

Elections and Campaign Disclosure

1,214,992

Securities Regulation

1,286,568

Drugs and Narcotics

704,550

State Campaign and Financial Disclosure

142,039

Occupational Certification

5,653,380

Utilization Adjustment

(164,080)

Total

17,105,729

State Funds 2,547,486 4,116,785 1,604,009
1,214,992 1,286,568
704,550
142,039
5,653,380 (164,080) 17,105,729

1550

JOURNAL OF THE HOUSE,

Occupational Certification Functional Budgets

Accounting Architect Athletic Trainers Auctioneers Barbers Chiropractic Construction Industry Cosmetology Dentistry Dieticians Engineers Forestry Funeral Service Geology Hearing Aid Landscape Architect Librarians Marriage and Family
Therapists Medical Examiners Nursing Home
Administrators Board of Nursing Dispensing Opticians Optometry Occupational Therapy Pharmacy Physical Therapy Podiatry Polygraph Examiners Practical Nursing Private Detective

Board Costs
197,605 55,960
736 6,022 9,120 13,040 65,960 33,660 53,955 12,945 54,440 3,451 18,770 3,157 4,297 12,129 2,399
30,460 141,670
11,025 62,180 5,387 13,610 8,920 75,363 16,350 4,105 6,319 48,420 11,720

Cost of Operations

$

349,303

$

122,571

$

3,066

$

31,799

$

134,965

$

76,790

$

397,133

$

653,366

$

268,581

$

22,270

$

287,217

$

27,041

$

182,374

$

16,584

$

13,022

$

22,437

$

16,366

$

85,482

$

1,060,965

$

52,470

$

748,600

$

39,668

$

32,981

$

16,332

$

426,254

$

45,510

$

13,407

$

23,625

$

425,737

$

274,618

TUESDAY, FEBRUARY 25, 1986

1551

Psychologists

$

13,191

$

56,724

Recreation

$

5,270

$

22,342

Sanitarian

$

3,795

$

17,739

Speech Pathology

$

5,375

$

20,648

Used Car Dealers

$

13,510

$

131,681

Used Car Parts

$

8,305

$

30,652

Veterinary

$

39,615

$

Wastewater

$

6,160

$

Total

$ 1,078,396

$

6,348,862

B. Budget Unit: Real Estate Commission ............................................................$ 1,155,050 Real Estate Commission Budget: Personal Services.......................................................................................................! 709,000 Regular Operating Expenses ...................................................................................$ 115,000 Travel............................................................................................................................$ 13,000 Motor Vehicle Equipment Purchases......................................................................! 16,000 Publications and Printing..........................................................................................! 26,000 Equipment Purchases...................................................................................................! 8,000 Computer Charges....................................................................................................! 128,500 Real Estate Rentals....................................................................................................! 44,000 Telecommunications...................................................................................................! 17,000 Per Diem, Fees and Contracts..................................................................................! 90,000 Utilization Adjustment............................................................................................! (11,450) Total Funds Budgeted ..........................................................................................$ 1,155,050 State Funds Budgeted...........................................................................................! 1,155,050

Real Estate Commission Functional Budget

Real Estate Commission

State Funds

$

1,155,050

$

Cost of Operations
1,207,000

Section 41. Georgia Student Finance Commission. Budget Unit: Georgia Student Finance Commission................................................................................! 17,301,750 Administration Budget: Personal Services....................................................................................................! 2,855,000 Regular Operating Expenses ...................................................................................$ 197,000 Travel............................................................................................................................! 52,000 Motor Vehicle Equipment Purchases...................................................................................................! -0Publications and Printing..........................................................................................! 78,000 Equipment Purchases.................................................................................................! 24,000 Computer Charges ....................................................................................................$ 249,000 Telecommunications...................................................................................................! 88,000 Per Diem, Fees and Contracts..................................................................................! 17,000 Payment of Interest and Fees.................................................................................! 381,000 Guaranteed Educational Loans ...........................................................................$ 3,325,000 Tuition Equalization Grants ..............................................................................$ 10,786,250 Student Incentive Grants .....................................................................................$ 4,790,500 Law Enforcement Personnel Dependents' Grants................................................................................................! 34,000

1552

JOURNAL OF THE HOUSE,

North Georgia College ROTC Grants.........................................................................................................$ 128,000
Osteopathic Medical Loans ...................................,.................................................$ 240,000 Georgia Military Scholarship
Grants.....................................................................................................................! 166,000 Academic Scholarships.....................................................................................................$ -0Utilization Adjustment.....................................................................................................!| ^K Total Funds Budgeted ........................................................................................$ 23,410,750 State Funds Budgeted.........................................................................................$ 17,301,750

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration

$

3,560,000

$

-0-

Higher Education Assistance Corporation

$

381,000

$

361,000

Georgia Student Finance Authority

$

19,469,750

$

16,940,750

Utilization Adjustment

$

^

$

-_&

Total

$

23,410,750

$

17,301,750

Section 42. Soil and Water Conservation Committee.
Budget Unit: Soil and Water Conservation Committee ..............................................................................$ 933,570
Soil and Water Conservation Central Office Budget: Personal Services.......................................................................................................? 628,000 Regular Operating Expenses .....................................................................................$ 58,000 Travel............................................................................................................................$ 50,000 Motor Vehicle Equipment Purchases ............................................................................$ -0Publications and Printing..........................................................................................? 22,000 Equipment Purchases...................................................................................................? 4,000 Computer Charges........................................................................................................? 2,000 Real Estate Rentals....................................................................................................? 33,000 Telecommunications...................................................................................................? 15,000 Per Diem, Fees and Contracts................................................................................? 131,000 Utilization Adjustment..............................................................................................? (9,430) Total Funds Budgeted .............................................................................................? 933,570 State Funds Budgeted..............................................................................................? 933,570

Section 43. Teachers' Retirement System. Budget Unit: Teachers' Retirement System........................................................................................................? 11,986,606 Departmental Operations Budget: Personal Services....................................................................................................? 2,111,000 Regular Operating Expenses .....................................................................................$ 72,000 Travel............................................................................................................................? 25,000 Motor Vehicle Equipment Purchases...................................................................................................? -0Publications and Printing..........................................................................................? 54,000 Equipment Purchases...................................................................................................? 7,000
Computer Charges................,...................................................................................? 730,000

TUESDAY, FEBRUARY 25, 1986

1553

Real Estate Rentals..................................................................................................$ 186,000 Telecommunications ...................................................................................................$ 57,000 Per Diem, Fees and Contracts ................................................................................$ 279,000 Postage..........................................................................................................................! 88,000
Cost-of-Living Increases for Local Retirement System
Members............................................................................................................$ 10,868,606 Floor Fund for Local
Retirement Systems...........................................................................................$ 1,118,000
Total Funds Budgeted ........................................................................................$ 15,595,606 State Funds Budgeted.........................................................................................$ 11,986,606

Section 44. Department of Transportation. Budget Unit: Department of
Transportation........................................................................................! 453,187,870 For Public Roads and Bridges, for Grants to Counties for Road Construc-
tion and Maintenance, and for other transportation activities. Departmental Operations Budget:
Personal Services................................................................................................! 172,898,800 Regular Operating Expenses ..............................................................................$ 47,913,019 Travel.......................................................................................................................$ 1,461,200 Motor Vehicle Equipment
Purchases.............................................................................................................? 1,001,500 Publications and Printing........................................................................................! 855,800 Equipment Purchases............................................................................................! 2,969,120
Computer Charges .................................................................................................$ 2,458,041 Real Estate Rentals...............................................................................................! 1,082,103
Telecommunications..............................................................................................! 1,774,400 Per Diem, Fees and Contracts...........................................................................! 13,212,700
Capital Outlay....................................................................................................! 566,349,144 Grants to Counties.................................................................................................! 9,317,013 Grants to Municipalities .......................................................................................$ 9,317,000
Capital Outlay Airport Development.........................................................................................! 1,270,000
Capital Outlay Airport Approach Aid
and Operational Improvement.........................................................................! 1,343,000 Mass Transit Grants..............................................................................................! 7,426,563
Savannah Harbor Maintenance Payments................................................................................................................! 630,000
Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction..........................................................................................! 5,570,000
Utilization Adjustment............................................................................................! (20,377) Total Funds Budgeted ......................................................................................$ 846,829,026
State Funds Budgeted.......................................................................................! 453,187,870

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction

? 588,637,462

$ 217,080,829

Maintenance and Betterments

$ 196,937,510

$ 189,265,029

1554

JOURNAL OF THE HOUSE,

Facilities and Equipment
Assistance to Counties
Administration
Undistributed
Total
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
Utilization Adjustment
Local Assistance Road Program and Savannah Harbor Widening Project
Total

4,663,200
9,317,013 16,937,129
-0;
816,492,314
9,317,000

750,000
500,000 1,790,376
11,799,713
6,200,000 (20,377)

$

-0,

$

30,336,712

4,000,000 9,317,013 16,337,129
-0436,000,000
9,317,000
750,000 500,000 1,310,376 4,700,871 630,000 (20,377)
17,187,870

Section 45. Department of Veterans Service.
Budget Unit: Department of Veterans Service........................................................................................................! 15,329,247
Departmental Operations Budget: Personal Services....................................................................................................$ 3,838,000 Regular Operating Expenses .....................................................................................$ 45,000 Travel............................................................................................................................$ 82,000 Motor Vehicle Equipment Purchases........................................................................................................................? -0Publications and Printing..........................................................................................$ 22,000 Equipment Purchases.................................................................................................? 97,000 Computer Charges.............................................................................................................? -0Real Estate Rentals ..................................................................................................$ 198,000 Telecommunications...................................................................................................? 58,000 Per Diem, Fees and Contracts..................................................................................? 12,000 Capital Outlay ...................................................................................................................$ -0Postage..........................................................................................................................? 33,000 Operating Expense/Payments to Central State Hospital ......................................................................................$ 9,050,000 Operating Expense/Payments to Medical College of Georgia...............................................................................? 4,902,097 Regular Operating Expenses for Projects and Insurance...................................................................................? 184,000 Utilization Adjustment............................................................................................? (43,850)

TUESDAY, FEBRUARY 25, 1986

1555

Total Funds Budgeted. State Funds Budgeted..

..! 18,477,247 ..! 15,329,247

Veterans Service Functional Budgets

Total Funds

Veterans Assistance

$

4,302,000

Veterans Home and Nursing Facility Milledgeville

!

9,246,000

Veterans Nursing Home - Augusta

$

4,973,097

Utilization Adjustment

|

(43,850)

Total

!

18,477,247

State Funds

!

4,087,000

!

7,429,000

!

3,857,097

!

(43,850)

!

15,329,247

Section 46. Workers' Compensation Board. Budget Unit: Workers' Compensation Board............................................................................................................! 5,724,900 Operations Budget: Personal Services....................................................................................................! 4,559,080 Regular Operating Expenses.....................................................................................! 75,000 Travel............................................................................................................................! 58,000 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing..........................................................................................! 78,000 Equipment Purchases.................................................................................................! 30,000 Computer Charges....................................................................................................! 200,000 Real Estate Rentals..................................................................................................! 528,000 Telecommunications...................................................................................................! 87,000 Per Diem, Fees and Contracts................................................................................! 123,000 Postage..........................................................................................................................! 80,000 Utilization Adjustment............................................................................................! (58,180) Total Funds Budgeted ..........................................................................................$ 5,759,900 State Funds Budgeted...........................................................................................! 5,724,900

Workers' Compensation Board Functional Budgets

Total Funds

State Funds

Administration

!

5,251,080

5,216,080

Vocational Rehabilitation

!

567,000

567,000

Utilization Adjustment

!

(58,180)

(58,180)

Total

$

5,759,900

5,724,900

Section 47. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) .......................
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New)..........................

..! 234,414,490 ..! 16,355,500

1556

JOURNAL OF THE HOUSE,

Section 48. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions of Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.

Section 49. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions of judges and employees of the Court.

Section 50. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than five years of experience to attend the Judicial College.

Section 51. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.

Section 52. 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 53. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council.

Section 54. Provisions Relative to Section 13, 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............................................................................................................! 570,000 Data Processing Services ........................................................................................$ 45,363,191 Motor Vehicle Services .............................................................................................$ 2,465,000 Communication Services.........................................................................................I 33,559,000 Printing Services.......................................................................................................^ 5,392,000
The State Auditor shall report any exceptions or violations of this intent in the annual financial audit of the Department of Administrative Services.

TUESDAY, FEBRUARY 25, 1986

1557

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 55. Provisions Relative to Section 14, Department of Agriculture. From the appropriation in Section 14 (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 "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 14 relating to Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets shall be made without prior approval of the Georgia Building Authority (Markets).
Section 56. Provisions Relative to Section 19, State Board of Education Department of Education. From the appropriation in Section 19 (State Board of Education - 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.
None of the State funds appropriated in Section 19 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 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, 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.
Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), Funds will be allocated to each RESA for FY86-87 on the basis of oneeighteenth of the total appropriation for each Area Planning and Development area served; provided, however, that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA and that each RESA has the commitments of each anticipated member system to contribute at least the same equivalent amount during FY86-87 that it contributed during FY85-86.
Provided, that for the above appropriations relative to equalization grants authorized under Code Section 20-2-165, the grants to each system which serves under contract all of the students in one or more grade levels from an adjoining school system shall be the larger of the following two amounts:
a. The equalization grant calculated as prescribed in Code Section 20-2-165 and reduced by the amount of funds transferred under contract between adjoining school systems, as prescribed by Code Section 20-2-163; or
b. The equalization grant calculated as prescribed in Code Section 20-2-165 except that all FTE student counts used in such calculations are reduced by the number of FTE student counts enrolled in the receiving system under the contract with the adjoining system and the resulting amount shall not be reduced pursuant to Code Section 20-2-163.

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Provided, that local school allotments from funds appropriated in Section 19 (State Board of Education - Department of Education) shall be in accordance with the working papers used to develop such appropriations.

Section 57. Provisions Relative to Section 20, Employees' Retirement System. The Employees' Retirement System is authorized to increase the employer contribution rate by sixteen one-hundredths of one percent of salaries to fund one and onehalf per cent cost of living increases on July 1, 1986, and January 1, 1987.

Section 58. Provisions Relative to Section 21, Forestry Commission. From the Appropriation in Section 21 (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 59. Provisions Relative to Section 24, 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 24 (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 60. Provisions Relative to Section 26, Department of Human Resources. From the appropriation in Section 26 (Department of Human Resources), $100,000 is designated and committed to operate a hemophilia program in the metropolitan Atlanta area and to operate a hemophilia program in Augusta; further, $300,000 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; 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
1 2
3
4
5 6 7 8 9 10 11

Standards of Needs
$ 202 306
366
432
494 536 580 616 648 694 742

Maximum Monthly Amount
$ 141 214
256
302
346 375 406 431 454 486 519

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.

TUESDAY, FEBRUARY 25, 1986

1559

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 26 (Department of Human Resources), $146,000 is designated and committed to operate the RCW Industries, Inc.
From the appropriation in Section 26, the Department of Human Resources is authorized to provide treatment for eye disorders, provided that treatment for such disability cannot be obtained from other sources.
The Department of Human Resources is authorized to make payments (not to exceed $5,000) to the Georgia Building Authority for the purpose of maintaining the grounds at Warm Springs Hospital.
No dentist shall be paid at a rate in excess of twenty-five dollars ($25.00) per hour for services rendered in the District Dental Clinics.
From the appropriation in Section 26 (Department of Human Resources) relating to the Public Health Family Health Activity, $50,000 is designated and committed to purchase, lease or otherwise acquire or reimburse for the purchase of drugs and medical treatment of persons with cystic fibrosis over the age of 21. Funds shall be expended for those per-
sons 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 AFDC-
Institutional 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 sufficient to sustain in subsequent years.
From the appropriation in Section 26 (Department of Human Resources), not less than $186,000 is committed for funding of the Community Cardiovascular Council StrokeScreening Program.
From the appropriation in Section 26 (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. It is the intent of this General Assembly that any new Midwifery program funded after
July 1, 1986, must be on a contractual basis. From the appropriation in Section 26 (Department of Human Resources), $42,406 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 26 (Department of Human Resources) relating to
Community Mental Health Centers, agency income, excluding Federal grants where prohibited, shall be expended first to cover expenses for local programs, excepting private

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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 26 (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 $455, and the Department is directed to supplant State funds with patient collections to reduce the State cost of the program.
The Department shall have flexibility in the Community Mental Retardation Residential Services to use benefits to contract with private home providers for service or to provide small group living situations or semi-independent living situations for clients and that these residential services be available to clients residing in the community as well as those returning to their communities from institutions.
The Department shall have flexibility in Supportive Living Benefits to contract with private home providers for services in the home and/or to provide small group residences for clients and/or provide respite care services for clients and/or other residential services needed to support clients in the communities.
No additional Youth Services group homes or community treatment centers shall be started with Federal funds without prior approval by the General Assembly of Georgia.
From the appropriation in Section 26 (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 26 (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 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 61. Provisions Relative to Section 27, Department of Industry and Trade. From the appropriation in Section 27 (Department of Industry and Trade) relative to advertising, $12,000 is designated and committed for brochures promoting Georgia's agriculture, for distribution at Welcome Centers.
To the greatest extent feasible, the Georgia Ports Authority shall utilize surplus funds for payments to bond trustees for unmatured issues.

Section 62. Provisions Relative to Section 29, 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 63. Provisions Relative to Section 31, Department of Medical Assistance. 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 31, no funds for the payment of Medicaid Benefits may be expended for the purpose of reimbursing return-on-equity for hospitals.

Section 64. Provisions Relative to Section 32, 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

TUESDAY, FEBRUARY 25, 1986

1561

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 $121.73 per merit system budgeted 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 1987 shall not exceed five and seventy-five one hundredths percent (5.75%).
Section 65. Provisions Relative to Section 33, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 33 (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 33.
From the appropriation in Section 33 (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 33, the Department of Natural Resources is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.
Section 66. Provisions Relative to Section 17, 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 17 (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.
The Board of Pardons and Paroles is authorized and directed to use agency funds to purchase and renovate the Labor Department facility in Gainesville, Georgia.
Section 67. Provisions Relative to Section 35, Department of Public Safety. From the appropriation in Section 35 (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 35, the Office of Planning and Budget is authorized and directed to supplant State funds appropriated herein. Such supplantation shall not be implemented if doing so would cause any portion of the anticipated Federal funds not to be realized. This provision shall not apply to project grants.
For the purpose of purchasing police pursuit motor vehicles, the Department of Public Safety is hereinafter authorized to develop and establish specifications for said purchases of police pursuit vehicles when such purchases are made by the State of Georgia or otherwise placed a part of a State of Georgia contract. The development of said specifications shall be submitted to the Purchasing Division of the Department of Administrative Services by November 1 of each year. The Department of Administrative Services is hereby instructed to complete said specifications and place to bid for the letting of contracts by December 1 of such fiscal year.
The Department of Public Safety is authorized to contract with the Department of Transportation for patrol duty at Department of Transportation construction sites.

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Section 68. Provisions Relative to Section 38, 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 '/z % Personal Services continuation factor incorporated into the Resident
Instruction appropriation in Section 38 (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. Provided, that from the appropriation for the Agricultural Experiment Station, $250,000
is designated and committed for a horticulture specialist in peaches, vegetables, and small fruits and a horticulture specialist in disease control in pecans and peanuts, both at the
Tifton Experiment Station. Provided, that from the appropriation for the Cooperative Extension Service, $300,000
is designated and committed for a vegetable specialist at Statesboro, a weed specialist in
row crops at Tifton, a weed specialist in horticulture at Tifton, a soil and fertilizer specialist at Tifton, an animal science specialist at Griffin, and a catfish specialist at Griffin.

Section 69. Provisions Relative to Section 39, Department of Revenue.
From the appropriation in Section 39 (Department of Revenue) relating to motor vehicle tag purchases, $2,584,750 is designated and committed for the sole purpose of contracting for the production of motor vehicle tags and may be used for partial, advance payment during tag production.

Section 70. Provisions Relative to Section 41. From the appropriation in Section 41 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 41 relative to Tuition Equalization Grants provides for payment of grants of $800 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.

TUESDAY, FEBRUARY 25, 1986

1563

Section 71. Provisions Relative to Section 44, Department of Transporta tion. In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
Grants to Counties for aid in county road construction and maintenance shall be distributed and disbursed to each county of the State by the Fiscal Division of the Department of Administrative Services in the same proportion as each county's total public road mileage bears to the total public road mileage in the State, as such mileage information is furnished by the Department of Transportation.
Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years subject to the approval by the Office of Planning and Budget.
Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 44 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.

Section 72. Provisions Relative to Section 34, Board of Postsecondary Edu cation. None of the State funds appropriated in Section 34 may be used for the purpose of planning, designing, constructing, or renovating area vocational-technical schools unless said school agrees to be governed by the State Board of Postsecondary Vocational Education.

Section 73. In addition to all other appropriations for the State fiscal year ending June 30, 1987, there is hereby appropriated $3,228,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $6,535,000 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 ($6,400,000 Budget Unit "C") in the Department of Human Resources. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets on a quarterly basis in amounts equal to those of departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.

Section 74. 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.

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Section 75. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.

Section 76. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of State motor vehicles a matter of special interest in future audits to insure strict compliance with the intent of this General Assembly.

Section 77. 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 78. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine by Object Class the expenditures of each activity and function contained in this Appropriations Act.

Section 79. 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 80. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.

Section 81. No State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommunications Network either directly or indirectly.

Section 82. 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

TUESDAY, FEBRUARY 25, 1986

1565

payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the general funds of the State as a first charge upon General Funds.

Section 83. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Reports submitted to the General Assembly for this State fiscal year, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit of the Executive Branch between objects, functional budgets, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be so transferred between objects without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each Executive Branch budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendations by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers.

Section 84. Wherever in this Act the term "Budget Unit Object Classes" is used, it shall mean that the object classification following such term shall apply to the total expenditures with the Budget Unit, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

Section 85. 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

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(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 86. 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 87. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Sections of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amount so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State.

Section 88. Delayed Hiring Factor by Department.

Agency

Legislative Branch

Department of Audits

Supreme Court

Court of Appeals

Superior Courts

Juvenile Court

Institute of Continuing Judicial

Education

'

Judicial Council

Judicial Qualifications Commission

Council of Magistrate Court Judges

Council of Probate Court Judges

Council of State Court Judges

Department of Administrative Services

Department of Agriculture

Department of Banking and Finance

Department of Community Affairs

Department of Corrections

Department of Defense

Department of Education

Employees' Retirement System

Georgia Forestry Commission

$ -0$ -0$ -0$ -0$ -0$ -0-
$ -0$ -0$ -0$ -0$ -0$ -0-
$ 2,200 $ -0$ -0$ -0-
$ 1,414,000 $ -0$ -0$ -0$ -0-

TUESDAY, FEBRUARY 25, 1986

1567

Georgia Bureau of Investigation Georgia State Financing and
Investment Commission Office of the Governor Department of Human Resources "A" Department of Human Resources "B" Department of Human Resources "C" Department of Industry and Trade Department of Insurance Department of Labor Law Department Department of Medical Assistance Merit System Department of Natural Resources Board of Postsecondary Education Department of Public Safety Public Service Commission Board of Regents "C" Department of Revenue Secretary of State State Student Finance Commission Soil and Water Conservation
Committee Teachers' Retirement System Department of Transportation Department of Veterans Service Board of Workers' Compensation

$ -0-
$ -0$ -0$ 20,923 $ -0$ -0$ -0$ -0$ -0$ -0$ -0$ -0$ -0$ -0$ 585,000 $ 2,140 $ 18,415 $ -0$ 2,410 $ -0-
$ -0$ -0$ -0$ -0$ -0-

Section 89. Cost-of-Living Increases. In addition to all other appropriations for the State fiscal year ending June 30, 1987, there is hereby appropriated $142,560,926 for the purpose described herein: 1.) An increase of 4% with a $500 minimum for full-time employees of the Executive, Judicial and Legislative branches of State government, effective July 1, 1986; 2.) For an increase from $16,000 to $16,800 for the T-4 entrance level, with first and second year teachers to be paid as those with two years of experience and with resumption of annual increments after completion of one year experience and permanent certification, effective the following month, effective September 1, 1986; 3.) For school bus drivers and lunchroom workers a 4% increase to be effective July 1, 1986; 4.) For University System employees, a 4% salary increase to be effective September 1, 1986 for academic contracted personnel; 5.) A 4% salary increase, effective July 1, 1986, for non-academic personnel, and fiscal year contracted personnel of the University System and

1568

JOURNAL OF THE HOUSE,

employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Station; and 6.) An increase of 4" for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as amended, as authorized in said act, Code Section 45-7-4.
In addition, $4,036,171 is provided for upgrading selected classifications as recommended by the State Merit System. All Merit System classes shall be increased by one pay grade effective July 1, 1986, with the provision that all employees will be moved to a new pay grade without increase, except where it is necessary to bring employees to the minimum step of the new pay grade. The mileage reimbursement rate shall be increased from $.20 to $.21 per mile effective July 1, 1986.
Provided, further, that no funds shall be transferred from this section without prior approval by the Legislative Budget Office.

Section 90. Provisions Relative to Section 47, State of Georgia General Obligation Debt Sinking Fund. Provided, that from the amount appropriated for the State of Georgia General Obligation Debt Sinking Fund, the amount as shown for the specific projects is specifically appropriated for the purpose shown through the issuance of not more than the amount listed in principal amount of General Obligation Debt:

Project - Principal Amount

Debt Service

Talmadge Bridge ($23,000,000) Sports Hall of Fame ($5,500,000)

$ 4,528,000

Agricultural Exposition ($14,990,000)

$ 3,747,500

Lake Lanier Islands Development Authority Expansion ($13,600,000)

$ 3,400,000

Public Safety Training Center dormitory ($8,000,000)

$ 2,000,000

Griffin and Moultrie AVT School Expansion and Renovations ($2,900,000)

$ 725,000

Augusta Correctional Institution Surgical Unit ($1,500,000)

$ 375,000

Georgia Tech Student Center Galleria ($3,760,000)

$ 940,000

Railroad Relocation Projects ($2,560,000)

$ 640,000

Provided that if the Georgia State Financing and Investment Commission determines that bonds for the Talmadge Bridge replacement cannot or should not be sold, the debt service appropriation therefor contained in this bill may be used for the harbor-widening
project at Savannah. Provided that if the Georgia State Financing and Investment Commission determines
that bonds cannot or should not be sold, the debt service appropriations for the Georgia Tech Student Center, the Augusta Correctional Institution Surgical Unit, the Public Safety Training Center dormitory, the Griffin and Moultrie Area Vocational Technical School expansions, the Lake Lanier Islands Development Authority project and the Agricultural Exposition project may be used instead for capital outlay at the Agricultural Exposition project, the Griffin and Moultrie Area Vocational Technical School expansions and the Lake Lanier Islands Development Authority project, in that sequence.

Section 91. TOTAL STATE FUND APPROPRIATIONS
State F.Y. 1987....................................................................................................$ 5,316,000,000

TUESDAY, FEBRUARY 25, 1986

1569

Section 92. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 93. 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 1300, 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 1300 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

The following amendment was read and lost:

Representative Shepard of the 71st moves to amend the Committee substitute to HB 1300 by cutting on page 22, line 23, the figure "$1,040,401" to the figure "$540,401", and
By cutting on page 23, line 13, the figure "$5,709,552" to the figure "$4,709,552".

The following amendment was read and adopted:

Representatives Murphy of the 18th, McDonald of the 12th, and Burruss of the 20th move to amend the House Appropriations Committee Substitute to HB 1300 by inserting between lines 31 and 32 on page 85 a new paragraph to read as follows:
"100 percent of the funds earned for special education either under the QBE formula or the hold harmless provision shall be used exclusively for special education programs. If any system receives more funds for special education programs under QBE than they would under APEG calculation of FY 87, those systems would not receive any of the 90 percent hold harmless funds. Subject to approval by the General Assembly, mid-term adjustments in special education shall be made on the basis of data deemed appropriate by the State Board of Education and verified by the Department of Education."

The following amendment was read and ruled out of order:

Representative Shepard of the 71st moves to amend the Committee substitute to HB 1300 by changing on page 23, line 11, the figure "$9,967,685" to the figure "$11,467,685".

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M Y Aiken
YAlford 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 Y Beck
Y Benefield Y Benn Y Birdsong

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 Y Cheeks

1570

JOURNAL OF THE HOUSE,

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 Davis YDean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd
Y Poster 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 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 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
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
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

Y Smyre YSnow 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 Y Workman
Y Yeargin Y Young
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative McKinney of the 35th stated that he had been called from the floor of the House during the preceding roll call. He wished to vote "aye" thereon.

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.

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

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 1930 Do Pass HB 1933 Do Pass HB 1934 Do Pass HB 1935 Do Pass

HB 1936 Do Pass HB 1937 Do Pass HB 1941 Do Pass SB 464 Do Pass

Respectfully submitted, Is/ 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:

TUESDAY, FEBRUARY 25, 1986

1571

HB 1930. By Representative Birdsong of the 104th: A bill to provide a new charter for the City of Allentown.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1933. By Representatives Thompson of the 20th and Lawler of the 20th:
A bill to reincorporate and provide a new charter for the City of Austell in Cobb and Douglas 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1934. By Representative Lawler of the 20th:
A bill to amend an Act reincorporating the City of Marietta, so as to change the qualifications for the office of councilman and provide that a candidate for councilman shall be a resident of the ward from which he seeks election for one year immediately preceding his 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 1935. By Representative Lawler of the 20th:
A bill to amend an Act reincorporating the City of Marietta, so as to deannex and exclude certain property from the corporate limits 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 1936. By Representative Lawler of the 20th:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

1572

JOURNAL OF THE HOUSE,

HB 1937. By Representative Lawler of the 20th:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1941. By Representative Wall of the 61st: A bill to create a new charter for the City of Lawrenceville.

The report of the Committee, which was favorable to the passage of the Bill, was 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 464. By Senator Harrison of the 37th:
A bill to amend an Act re-creating and reincorporating the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, particularly by an Act approved March 18, 1985 (Ga. L. 1985, p. 3869), so as to change the corporate boundaries 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.

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

HR 839. By Representative Aaron of the 56th: A resolution creating the DeKalb County Housing Study Committee.

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 330. By Senator Cobb of the 28th:
A bill to amend Article 11 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to records and reports of currency transactions, so as to change the definition of the term "financial institution" as it relates to records and reports of currency transactions; to change the amount of a deposit which a financial institution is required to notify the department of by telephone or wire.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, FEBRUARY 25, 1986

1573

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
Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong
Bishop Y Bolster Y Bostick Y Branch YBray
Brooks Y Brown.G
Buck 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 Y Copelan Y Couch YCox
Crawford 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
Y Greer
Y Groover
Y Hamilton
Hanner
Y Harris 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
Y Johnson.D
Y Johnson.F
Y Johnson.R
Y Johnson.S
Y Kilgore
Y Kingston
Y Lane.D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W
Linder Y Logan YLong YLord 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
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
Y Ransom
Ray
Y Reaves
Redding
Y Richardson
Robinson.C
Y Robinson,P
YRoss
Y Royal
Y Russell
Y Selman

On the passage of the Bill, the ayes were 152, nays 0.

The Bill, having received the requisite constitutional majority, was

Y Shepard Y Sherrod Y Sinkfield
Y Sizemore Y Smith.L Y Srnith.P Y Smith.T
Smyre Snow Y Stancil Y Steinberg Y Thomas.C Thomas.M Y Thompson Y Townsend Y Triplet! 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 WilIiams,J Y Williams.R Y Wilson Y Wood
Workman Y Yeargin Y Young
Murphy.Spkr

HB 1938. By Representative Colwell of the 4th:
A bill to amend Part 7 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Sapelo Island Heritage Authority Act," so as to provide that the best and most important use of the Hog Hammock community located on Greater Sapelo Island is for it to remain occupied by the direct descendants of the slaves of Thomas Spalding.

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
Alford
Alien Y Anderson YArgo
Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister

Y Bargeron Y Barnett,B
Y Barnett.M YBeck Y Benefield
Benn Y Birdsong
Bishop Y Bolster Y Bostick Y Branch YBray
Brooks Y Brown.G

Buck Y Burruss
Byrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Childs
Clark.B Y Clark.L Y Colbert Y Coleman Y Colwell

Y Connell
Y Cooper
Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings
Daugherty N Davis YDean 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 Hanner Y Harris

1574

JOURNAL OF THE HOUSE,

Y Hasty YHays Y Heard YHill Y Holcomb
Holmes Y Hooks Y Horne Y Hudson Y Isakson
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 Y Lawson Y Lee.C YLee.W
Linder Y Logan YLong
YLord Y Lucas
Lupton Maddox Y Mangum Y Martin.C Y Martin,J
Y Matthews Y McDonald Y McKelvey
McKinney Y Milam Y Milford Y Moody Y Moore

Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish
Patten Peters Y Pettit Y Phillips Pinks ton Y Porter Rainey 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
Sinkfield Y Sizemore Y Smith.L Y Smith,P Y Smith.T
Smyre YSnow 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 Y Wil!iams,J Y Williams.R Y Wilson Y Wood
Workman Y Yeargin Y Young
Murphy,Spkr

On the passage of the Bill, the ayes were 144, nays 2. The Bill, having received the requisite constitutional majority, was passed.

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 Annotated, 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 this state as a result of any act or omission by such attorney in his representation of any indigent person in any criminal proceeding under certain circumstances.

The following amendment was read and adopted:

Representative Isakson of the 21st moves to amend HB 1818 by striking line 8 of page 1 in its entirety and inserting in lieu thereof the following:
"for discipline of attorneys; to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians and osteopaths, so as to provide that no action for damages shall be brought against any licensed physician in this state as a result of any act or omission in the treatment of an indigent patient under certain circumstances; to provide for discipline of physicians; to repeal conflicting laws; and".
By adding between lines 5 and 6 of page 2 a new Section 2 to read as follows:
"Section 2. Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians and osteopaths, is amended by adding at the end thereof a new Code Section 43-34-47 to read as follows:
'43-34-47. Unless a licensed physician is disciplined by the Composite State Board of Medical Examiners for malpractice in treating an indigent patient, no action for damages shall be brought against the physician as a result of any act or omission by the physician in the treatment of the indigent patient if such physician received no compensation from any source for such treatment other than remuneration from public funds. This Code section shall not affect the right of the Composite State Board of Medical Examiners to discipline any physician for misconduct.'"
By renumbering Section 2 as Section 3 on line 6 of page 2.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

TUESDAY, FEBRUARY 25, 1986

1575

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 YArgo
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 Bray Brooks Y Brown.G YBuck Y Burruss Byrd Y Carter Y Chain bless Y Chance Y Cheeks N Childers

Y Childs Clark.B
Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch
YCox Y Crawford 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 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
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
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
Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parhara Y Parrish
Patten Peters Pettit Y Phillips Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Richardson Robinson.C Y Robinson.P YRoss Y Royal Y Russell Y Selman

Shepard Y Sherrod
Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smyre Y Snow 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 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 149, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

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 YArgo
Athon N Atkins

Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield
Benn

Y Birdsong Bishop
Y Bolster Y Bostick Y Branch YBray
Brooks Y Brown.G YBuck Y Burruss

YByrd Y Carter
Chambless Y Chance Y Cheeks Y Childers Y Childs
Clark.B Y Clark.L Y Colbert

Y Coleman N Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford
Crosby Y Cummings

1576

JOURNAL OF THE HOUSE,

Daugherty NDavis YDean YDixon NDobbs Y Dover YDunn Y Edwards YFelton YFloyd Y Foster YGaler YGodbee YGoodwin YGreene YGreer Y Groover Y Hamilton Y Banner Y Harris Y Hasty Y Havs
?
YHef

Y Hooks YHorne Y Hudson Ylsakson YJackson,J
Jackson.N Y Jamieson Y Johnson.D N Johnson.F YJohnson,R Y Johnson,S Y Kilgore Y Kingston YLane,D Y Lane.R Y Lawler Y Lawrence
Lawson Y Lee.C Y Lee.W
Linder Y Loean
!&
Y&

Y Maddo* Y Mangum
Martin.C Y MartinJ 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
Padgett Y Pannell Y Parham Y Parnsh
Patten
?S?
Y pPSn

Y Porter Ramey

Y Thomas.C

Ramsey.T Y Ramsey.V

nTM^ Y Thompson

Randall

^. etnd

Y Ransom

Y Tnplett

Ray

Y Twiggs

Y Reaves

vwu

Y Redding Y Richardson

w^v ^ Walker,C

Robmson.C

Y Wa ker.L

Y Robmson.P

Y Wall

Y Rosa Y Royal

Y Ware Y Wateon

Y Russell Y Selman
Shepard

wU't NWH? N Wi der

Y SherrodY Wihams.B

Sinkfield

W. amsJ

Y Sizemore

Y W ,amS,R

Y Szmth.L Y Smith,?

Wnod Wood

vim-T

Vf"

Y |=

On the passage of the Bill, the ayes were 139, nays 7. The Bill, having received the requisite constitutional majority, was passed.

HR 794. By Representatives Lee of the 70th, Thomas of the 69th and Shepard of the 71st:

A RESOLUTION
Creating the Carroll County Government Authority Study Commission; and for other purposes.
WHEREAS, the office of the commissioner of Carroll County constitutes the present governing authority of Carroll County; and
WHEREAS, the best interest of Carroll County citizens will be served by a coordinated study of alternative methods of county government.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Carroll County Government Authority Study Commission which shall be composed of 21 members as follows:
(1) Seven members to be the mayors of the municipalities in Carroll County, or the designees of such mayors;
(2) One member to be appointed by the Carroll County chapter of the League of Women Voters; and
(3) Thirteen members to be appointed by the Carroll County delegation to the General Assembly. All members of the commission shall be representative of the territory and the population of Carroll County.
BE IT FURTHER RESOLVED that the commission shall select a chairperson and a vice-chairperson by vote of the members at the first meeting. The commission may elect such other officers as it deems advisable and shall establish such quorum, attendance, and other rules as it deems necessary.
BE IT FURTHER RESOLVED that the commission shall undertake a study of all aspects of the office of commissioner of Carroll County. It shall investigate the coordination, design, and functions of such governing authority and shall study and examine

TUESDAY, FEBRUARY 25, 1986

1577

alternative methods of county government for Carroll County. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to perform fully and effectively its duties and accomplish the objectives and purposes of this resolution. The members of the commission shall serve without compensation.
BE IT FURTHER RESOLVED that the commission shall make a report of its findings, conclusions, and recommendations for the improvement of the present form of government of Carroll County, including any proposed legislation, to the Carroll County delegation to the General Assembly on or before December 15, 1986. The commission shall stand abolished on December 31, 1986.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron
Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo
Athon Y Atkins Y Auten
Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M
YBeck Y Benefield
Benn Y Birdsong
Bishop Y Bolster Y Bostick Y Branch YBray
Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless
Y Chance Y Cheeks Y Childers

Childs Clark.B Y Clark.L Y Colbert Y Coleman
Y Colwell Y Connell Y Cooper Y Copelan Y Couch
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
Y Galer 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
Jackson,N Y Jamieson Y JohnsonJD Y Johnson,? 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
Linder YLogan YLong YLord Y Lucas
Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J
Matthews Y McDonald

Y McKelvey McKinney
Y Milam Y Milford Y Moody Y Moore Y Mortpn
Mostiler Moultrie Y Mueller Y Oliver.C
Y Padgett Y Pannell Y Parham Y Parrish
Patten Peters Pettit Y Phillips Pinks ton Y Porter Rainey Y Ramsey.T Ramsey.V Randall Y Ransom Ray Y Reaves Y Redding Y Richardson Robinson.C Y Robinson.P
YRoss Y Royal
Russell Y Selman

Y Shepard Y Sherrod
Sinkfleld Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smyre YSnow 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 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 148, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 567. By Representative Ross of the 82nd: A resolution compensating Miss Annie M. Peterson.

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 567

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Page 1 Line 19 by removing the amount of $750.02 and inserting in lieu thereof the amount of $300.00.

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 152, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 593. By Representative Johnson of the 76th: A resolution compensating Wyman Nail, Jr., and Rhonda Nail.

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 593 Page 1 Line 18
by removing the amount of $2300.66 and inserting in lieu thereof the amount of $2045.60.

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 152, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 635. By Representative Sizemore of the 136th: A resolution compensating Mr. Willie Lee Boone.

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 635 Page 1 Line 20
by removing the amount of $650.00 and inserting in lieu thereof the amount of $550.00.

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 152, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 642. By Representative Anderson of the 8th: A resolution compensating Mr. Terry Lamar Johnson.

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 642

TUESDAY, FEBRUARY 25, 1986

1579

Page 1 Line 18 by removing the amount of $757.05 and inserting in lieu thereof the amount of $72.00.

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 152, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 643. By Representative Mueller of the 126th: A resolution compensating Ms. Barbara Ann Rozier Sawyer.

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 643 Page 1 Line 22
by removing the amount of $1478.08 and inserting in lieu thereof the amount of $78.43.

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 152, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 742. By Representative Morton of the 47th: A resolution compensating Mr. Franklin D. Woodall.

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 742 Page 1 Line 22
by removing the amount of $3364.95 and inserting in lieu thereof the amount of $2839.95.

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 152, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 743. By Representative Morton of the 47th: A resolution compensating Mr. Norman Breen.

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 743

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Page 1 Line 22 by removing the amount of $1350.00 and inserting in lieu thereof the amount of $1200.00.

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 152, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:
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 Senate amendment was read:

Amend HB 1488 by adding in the title on line 5 of page 1, immediately following the semicolon and preceding the words "to provide", the following:
"to provide an exception;".
By adding at the end of line 28 of page 2 a new sentence to read as follows:
"This subsection shall not apply to a county tax collector or tax commissioner who is serving the first year of such official's initial term of office."

Representative Bostick of the 138th moved that the House agree to the Senate amendment to HB 1488.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo
Athon Y Atkins 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 Y Branch

YBray Brooks
Y Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Childs Clark.B
Y Clark,L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford
Crosby Y Cummings

Daugherty Y Davis
Dean
Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee
Y Goodwin Y Greene YGreer Y Groover
Hamilton Y Manner Y Harris Y Hasty
YHays Y Heard YHill Y Holcomb

Y Holmes Y Hooks Y Home Y Hudson
Isakson Y Jackson^I
Y Jackson,N Y Jamieson Y Johnson.D Y Johnson,F
Y Johnaon,R Y Johnson,S Y Kilgore Y Kingston Y Lane,D YLane,R Y Lawler Y Lawrence YLawson YLee,C YLee,W
Under YLogan
YLong YLord

Y Lucas Lupton
Y Maddox Y Mangum
Martin.C Y Martin,J Y Matthews
McDonald McKelvey
McKinney Y Milam Y Milford Y Moody Y Moore Y Mortpn
Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish
Patten Y Peters

TUESDAY, FEBRUARY 25, 1986

Pettit Phillips 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
Sinkfield

Y Sizemore Y Smith.L Y Smith,?
Y Smith.T Y Smyre YSnow
Y Stancil Y Steinberg Y Thomas.C
Thomas.M Y Thompson

Y Townsend Y Triplett YTwiggs
Y Waddle Y Waldrep Y Walker.C Y Walker.L
YWall Y Ware
Watson Y Watts

On the motion, the ayes were 147, nays 0. The motion prevailed.

1581
White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Wilson Y Wood
Workman Y Yeargin
Young Murphy,Spkr

HB 1146. By Representative Johnson of the 72nd:
A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court costs, so as to provide that 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 Senate substitute was read:

A BILL
To amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to costs in civil cases in this state, so as to include in the definition of costs attorney's fees and related expenses in certain cases; to provide for when such costs may be demanded; to provide discretion in the court to award attorney's fees and related expenses; to provide for all procedural matters and other matters related to the foregoing; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to costs in civil cases in this state, is amended by striking Code Section 9-15-1, relating to parties liable for costs, in its entirety and inserting in lieu thereof a new Code Section 9-15-1 to read as follows:
"9-15-1. (a) In all civil cases in any of the courts of this state, except as otherwise provided, the party who dismisses, loses, or is cast in the action shall be liable for the costs thereof.
(b) Except as otherwise specifically provided by law, the court shall include hi any judgment in a court of record of this state reasonable and necessary attorney's fees and related expenses as required for the attainment of justice or for defending the rights of any party. For purposes of this Code section, the term 'party' shall include the state and its officers, departments, agencies, authorities, boards, commissions, and political subdivisions.
(c) Such award of reasonable and necessary attorney's fees and related expenses shall not be awarded to a prevailing party where the court finds that:
(1) Services were performed subsequent to the time of a written offer of settlement, if the offer was made more than ten days before trial begins, the offer was not accepted, and the court finds that the relief finally obtained by the party is not more favorable to the party than the offer of settlement;
(2) There was no bona fide attorney-client relationship with an identified client; (3) The prevailing party proceeded pro se; or

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(4) The litigation was brought principally for the purpose of obtaining fees and related expenses. (d) Such award of reasonable and necessary attorney's fees and related expenses may be denied or reduced, in the discretion of the court, where the court finds that the prevailing party:
(1) Engaged in conduct during the course of the proceeding that unreasonably or unduly protracted the final resolution of the matter or matters in controversy;
(2) Incurred or increased fees or expenses through overcaution, negligence, or mistake, by payment of special fees to counsel or special charges or expenses to witnesses or other persons, or by other unusual expenses or costs; or
(3) Provided time and service which was excessive with regard to the nature of the controversy or unreasonably exceeded the results achieved in the proceeding. The court may also find that special circumstances make such an award unjust, requiring its denial or reduction. (e) In addition to subsections (c) and (d) of this Code section, attorney's fees and related expenses shall not be awarded against the state, its officer, or its department, agency, authority, board, commission, or political subdivision when the court finds the position of the state, its officer, or its department, agency, authority, board, commission, or political subdivision was substantially justified. (f) Nothing contained in this chapter shall affect attorney's fees as between a lawyer and his client, which remain a matter of private agreement."
Section 2. Said chapter is further amended by striking Code Section 9-15-3, relating to when costs may be demanded, in its entirety and inserting in lieu thereof a new Code Section 9-15-3 to read as follows:
"9-15-3. (a) The several officers of court are prohibited from demanding the costs in any civil case or any part thereof until after judgment in the same, except as otherwise provided by law.
(b) Reasonable and necessary attorney's fees and related expenses pursuant to subsection (b) of Code Section 9-15-1 may be dealt with by the court, in its discretion, at any stage of the proceeding where there has been a final determination on the merits of a significant legal claim at issue in the litigation, notwithstanding that the proceedings have not been concluded or brought to final judgment.
(c) A party seeking an award of attorney's fees and related expenses under subsection (b) of Code Section 9-15-1 shall, within 30 days of final judgment in the action, submit to the court an application for such costs which shows that the party is a prevailing party and is eligible to receive an award under subsection (b) of Code Section 9-15-1 and the amount sought, including an itemized statement from any attorney or expert witness representing or appearing in behalf of the party, stating the actual time expended and the rate at which fees and other expenses are computed. The attorney shall also certify that the services rendered or related expenses incurred were required by the prevailing party for the attainment of justice or for defending the party's rights.
(d) Where any attorney fails to file his bill of costs, with the required documents, within the time fixed under this Code section or otherwise delays or impedes the taxation, then, unless the court otherwise directs, the attorney shall not be allowed the costs to which he would otherwise be entitled."
Section 3. Said chapter is further amended by striking Code Section 9-15-7, relating to liability of attorneys for costs, in its entirety and inserting in lieu thereof a new Code Section 9-15-7 to read as follows:
"9-15-7. (a) If any plaintiff is involuntarily dismissed or cast in the action by reason of the willful neglect or misconduct of his attorney, his attorney shall be liable for the costs which may have accrued in the case. In like manner, if any defendant is cast in the action by reason of the willful neglect or misconduct of his attorney, his attorney shall be liable for the costs thereof.
(b) In any proceeding where reasonable and necessary attorney's fees and related expenses are imposed pursuant to subsection (b) of Code Section 9-15-1, the attorney may be jointly and severally liable with the losing party in whole or part, or may be

TUESDAY, FEBRUARY 25, 1986

1583

solely liable in whole or part, in the discretion of the court, when it is determined that the costs or part of the costs incurred by the prevailing party were as the result of the losing attorney's failure to determine, to the best of his knowledge, information, and belief formed after reasonable inquiry, that:
(1) The losing party's position, pleading, motion, or other action was well grounded in fact and warranted by existing law or a good faith argument existed for the extension, modification, or reversal of existing law; and
(2) That such position, pleading, motion, or other action was not interposed for any improper purpose. (c) No order under this Code section shall be made against an attorney unless he has been given reasonable opportunity to appear before the court and show cause why the order should not be made. The court may direct that notice of any proceeding or order against an attorney under this Code section shall be given to his client in such manner as may be specified."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, but the provisions of this Act relating to reasonable and necessary attorney's fees and related expenses shall apply only to actions initiated and filed on or after January 1, 1987.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Johnson of the 72nd moved that the House disagree to the Senate substitute to HB 1146.
The motion prevailed.

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 Annotated, relating to disciplinary sanctions by the Composite State Board of Medical Examiners, so as to require that board to investigate a licensee's fitness 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 following Senate amendments were read:

Senate Amendment No. 1: Amend HB 1316 by striking from line 20 of page 1 the following: "$100,000.00", and inserting in lieu thereof the following: "$50,000.00".

Senate Amendment No. 2:
Amend HB 1316 by striking on Page 1, lines 1 through 9, and inserting in lieu thereof the following:
"To amend Code Section 33-3-27 of the Official Code of Georgia Annotated, relating to reports of awards under medical malpractice insurance policies, so as to provide for the disclosure of certain information in certain judgments and agreements sealed by court order; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians and osteopaths, so as to delete certain provisions regarding the

1584

JOURNAL OF THE HOUSE,

practice of naturopathy; to require that the Composite State Board of Medical Examiners investigate a licensee's fitness 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; to repeal conflicting laws; and for other purposes."
By striking on Page 1, lines 11 through 15, and inserting in lieu thereof the following:
"Section 1. Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians and osteopaths, is amended by striking in its entirety Code Section 43-34-1, relating to the practice of naturopathy, and inserting in its place the following:
'43-34-1. Reserved.' Section 2. Said chapter is further amended by adding at the end of Code Section 43-34-37, relating to disciplinary sanctions by the Composite State Board of Medical Examiners, a new subsection to read as follows:".
By adding a new Section 3 to read as follows:
"Section 3. Code Section 33-3-27 of the Official Code of Georgia Annotated, relating to reports of awards under medical malpractice insurance policies, is amended by adding at the end thereof a new subsection to read as follows:
'(c) A court order requiring that a judgment or agreement be sealed shall not prevent the disclosure of information necessary for any report required by subsection (b) of this Code section.'"
By striking from Page 1, line 24, the number "2" and inserting in lieu thereof the numibber "4".

Representative Childers of the 15th moved that the House agree to the Senate amendments to HB 1316.
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 Y 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 Y Bolster Y Bostkk Y Branch YBray Y Brooks Y Brown.G
Buck Y Burruss YByrd Y Carter Y Chambless
Y Chance Y Cheeks Y Childers

Childs Clark.B Y Clark.L Y Colbert Y Coleman Cohvell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty N Davis YDean Y Dixon Y Dobbs N 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 Y Holmes Y Hooks Y Horne 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
Linder Y Logan
YLong YLord Y Lucas
Y Lupton Y Maddox
Y Mangum Martin.C
Y Martin,J Y Matthews Y McDonald

Y McKelvey McKinney
Y Milam Y Milford Y Moody Y Moore Y Morton
Y Mostiler Y Moultrie N 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 Y Ramsey.V
Randall
Y Ransom YRay Y Reaves
Redding Richardson Robinson.C Y Robinson.P YRoss Y Royal Y Russell Y Selman

Y Shepard Y Sherrod
Sinkfield Y Sizemore
Smith.L Y Smith.P
N Smith.T YSmyre YSnow Y Stancil
Y Steinberg Thomas.C Thomas.M
Y Thompson Y Townsend Y Triplett
Twiggs Y 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
Young Murphy ,Spkr

TUESDAY, FEBRUARY 25, 1986

1585

On the motion, the ayes were 147, nays 4. The motion prevailed.

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 officials regarding school buses, so as to authorize local school officials to allow the use of buses for other than school purposes under certain stated conditions.

The following Senate amendment was read:

Amend HB 1560 by adding on page 1, line 21, after the word "than" the following: "school funds."

Representative Thomas of the 69th moved that the House agree to the Senate amendment to HB 1560.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Adams.G Y Adams,M Y Aiken
Y Alford Y Alien Y Anderson YArgo
Athon Y Atkins YAuten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Bamett,M YBeck Y Benefield
Benn 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

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 Y Davis
Dean Y Dixon
Y Dobbs Y Dover YDunn Y Edwards
Felton Y Floyd Y Foster Y Galer Y God bee
Y Goodwin Greene
Y Greer Y Groover
Hamilton Y Manner Y Harris Y Hasty YHays

Y Heard YHill Y Holcomb Y Holmes Y Hooks
Home Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson
Johnson,D Y Johnson.F
Y Johnson.R Y Johnson.S Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Lawler Y Lawrence Y Lawson Y Lee.C YLee.W
Under YLogan
YLong YLord Y Lucas Y Lupton
Y Maddox Y Mangum
Martin.C Y Martin,J Y Matthews Y McDonald

On the motion, the ayes were 139, nays 0. The motion prevailed.

Y McKelvey
McKinney Y Milam Y Milford Y Moody Y Moore Y Morton
Mostiler Y Moultrie Y Mueller Y Oliver.C
Y Padgett Y Fannell YParham Y Parrish
Patten Peters Pettit Y Phillips Pinkston Y Porter
Y Rainey Y Ramsey.T
Ramsey.V Randall
Ransom Ray Reaves Redding Y Richardson Robinson,C Y Robinson.P YRoss Y Royal Russell Y Selman

Y Shepard Y Sherrod
Sinkfleld Y Sizemore
Smith,L Y Smith,P Y Smith.T
Smyre YSnow 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
Watts White Y Wilder Y Williams.B Y Williams,J Y Williams.R
Y Wilson Y Wood
Workman Y Yeargin
Young Murphy,Spkr

HB 906. By Representatives Kingston of the 125th, Alien of the 127th and Mueller of the 126th:

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JOURNAL OF THE HOUSE,

A bill to propose the incorporation and provide a proposed charter for the City of Islands in Chatham County.

The following Senate substitute was read:

A BILL
To propose the incorporation and provide a proposed charter for the City of Islands in Chatham County; to provide for the corporate limits of the city, the powers of the city, the form and method of government of the city, the administration of city affairs, the municipal court of the city, elections for city offices, taxation by the city, and the financial management of the city; to provide for all related matters; to provide for a referendum; to provide additional conditions for this Act to become effective; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
Section 1.10. Proposed incorporation. The City of Islands in Chatham County is proposed for incorporation by the enactment of this proposed charter.
Section 1.11. Corporate boundaries, (a) The boundaries of this city shall be those described and set forth in Appendix A which is attached to and made a part of this charter. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the mayor of the city and to be designated, as the case may be: "Official Map or Description of the Corporate Limits of the City of Islands, Georgia." Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace but such earlier maps shall be retained in the office of the mayor.
Section 1.12. Powers and construction, (a) The city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter.
(b) The powers of the city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of the city.
Section 1.13. Examples of powers. The powers of the city shall include, but are not limited to, the following powers:
(1) Ad valorem taxation: to levy, assess, and collect ad valorem taxes on all taxable property in the city;
(2) Other taxes: to levy, assess, and collect other taxes allowed by general law; (3) Business regulation and taxation: to levy, assess, and collect occupational and business taxes and to license and regulate occupations and businesses; (4) Appropriations: to make appropriations and expend funds for support of the city and any other lawful purpose; (5) Municipal debts: to borrow money and issue bonds as authorized by general law; (6) Property: to own property and interests in property; (7) Gifts: to accept gifts and grants for any purpose related to the powers and duties of the city on such terms as the donor may impose; (8) Condemnation: to condemn property inside or outside the city for present or future use;

TUESDAY, FEBRUARY 25, 1986

1587

(9) Municipal utilities: to acquire, lease, operate, and dispose of public utilities; (10) Public utilities: to grant franchises or make contracts for public utilities and to prescribe the conditions of such franchises and contracts; (11) Roadways: to open, maintain, improve, and close streets and roads and to grant franchises and rights of way thereon; (12) Public facilities: to acquire, operate, and dispose of public buildings, public projects, parks, cemeteries, golf courses, and other public improvements inside or outside the city; (13) Sidewalk maintenance: to require real estate owners to repair and maintain sidewalks adjoining their land; (14) Building regulation: to regulate the building trades and the construction of buildings and to adopt and enforce building, housing, plumbing, electrical, gas, heating, and air-conditioning codes; (15) Planning and zoning: to provide for city planning by zoning, subdivision regulation, and the like; (16) Police power: to exercise the police power for the public safety and well-being of the city;
(17) Roadside regulation: to prohibit or regulate signs, billboards, and other items upon or adjacent to streets and roads;
(18) Health: to prescribe and enforce health and sanitation standards; (19) Pollution: to regulate emissions which pollute the air and water; (20) Fire safety: to fix fire limits and to prescribe and enforce fire-safety regulations; (21) Public hazards: to provide for the destruction or removal of public hazards; (22) Waste disposal: to provide for and regulate the collection, disposal, and recycling of garbage and wastes; (23) Garbage fees: to fix and collect garbage fees; (24) Sewer fees: to fix and collect sewer fees; (25) Nuisances: to define and provide for the abatement of nuisances; (26) Property protection: to preserve and protect the property of the city; (27) Prisoners: to provide for public work by municipal prisoners and for their confinement; (28) Animal control: to regulate or prohibit the keeping of animals; (29) Motor vehicles: to regulate the operation and parking of motor vehicles; (30) Taxicabs: to regulate vehicles operated for hire in the city; (31) Pensions: to provide and maintain a system of pensions and retirement for city employees and officers; (32) Special assessments: to levy, assess, and collect special assessments to cover the cost of public improvements; (33) Contracts: to enter into lawful contracts and agreements; (34) City agencies: to create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer appropriate authority upon them; (35) Penalties: to provide penalties for violations of municipal ordinances;
(36) Police and fire protection: to exercise the power of arrest through appointed policemen and to operate a fire department;
(37) Emergencies: to provide for the determining, proclamation, and combating of emergencies;
(38) Urban redevelopment: to organize and operate an urban redevelopment program;
(39) Public transportation: to organize and operate public transportation systems;
(40) General health, safety, and welfare: to define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city; and
(41) Other powers: to exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter; and to exercise all powers

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now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No listing of particular powers in this charter shall be held to be exclusive of others nor restrictive of general words and phrases granting powers.
Section 1.14. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by the Constitution of Georgia, by general law, or by this charter. If general law and this charter make no provision, such shall be carried into execution as provided by ordinance.
ARTICLE II GOVERNMENT STRUCTURE
Section 2.10. City council creation; composition; number; election. The legislative authority of the government of this city except as otherwise specifically provided in this charter shall be vested in a city council to be composed of a mayor and six council members. The mayor and council members shall be elected in the manner provided by Article V of this charter.
Section 2.11. City council terms and qualifications for office. The mayor and council members shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless he or she is a qualified municipal voter and shall have been a resident of the city for two years immediately prior to the date of his or her election. The mayor and each council member shall continue to reside therein during their period of service. No person shall be eligible to serve as a council member unless he or she is at least 25 years of age, and no person shall be eligible to serve as mayor unless he or she is at least 30 years of age.
Section 2.12. Vacancy; filling of vacancies, (a) The office of mayor or council member shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia.
(b) A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, as provided for in Article V.
Section 2.13. Compensation of expenses, (a) Until changed as provided in subsection (b), the mayor shall receive an annual salary of $2,400.00 and a council member shall receive an annual salary of $600.00.
(b) The compensation of the mayor and council members may be changed by ordinance, but any increase shall be subject to Code Section 36-35-4 of the O.C.G.A. or any similar law hereafter enacted.
(c) The mayor and council members shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office.
Section 2.14. Holding other office. Except as authorized by general state law, the mayor or any council member shall not hold any other city office or city employment during the term for which he or she was elected.
Section 2.15. Conflict of interest, (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair his or her independence of judgment or action in the performance of his or her official duties;
(2) Engage in or accept private employment or render services for private interest when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair the independence of his or her judgment or action in the performance of his or her official duties;

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(3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is engaged without proper legal authorization or use such information to advance the financial or other private interests of himself or herself or others;
(4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign;
(5) Represent other private interests in any action or proceeding against this city or any portion of its government; and
(6) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he or she has a financial interest. (b) Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any council member who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such government for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of another party to a contract or sale shall render said contract or sale voidable as to that party, at the option of the city council. (e) (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his or her office or position.
(2) Any officer or employee of the city who shall forfeit his or her office or position as described in paragraph (1) above shall be ineligible for appointment or election to, or employment in, a position in the city government for a period of three years thereafter.
Section 2.16. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished aa provided by ordinance.
Section 2.17. General power and authority of the city council. Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I.
Section 2.18. Organization meeting. The city council shall meet for organization on the first Tuesday in January of each year or as soon thereafter as practicable. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly swear (or affirm) that I will faithfully perform the duties of (mayor or council member as the case may be) of this city and that I will support and defend

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the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."
Section 2.19. Regular and special meetings, (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance.
(b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Except where waiver by all members is effected by their presence or in writing, only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the city council shall be public to the extent required by general state law and notice to the public of all meetings shall be made as required by general state law.
Section 2.20. Rules of procedure, (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping minutes of its proceedings, which shall be a public record.
(b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor. The mayor shall have the power to remove members of any committee and the power to appoint new members to any committee, at any time, within the mayor's discretion.
Section 2.21. Quorum; voting. Four council members and the mayor or mayor pro tempore shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the minutes, but any member of the city council shall have the right to request a roll-call vote. The affirmative vote of a majority of the votes cast shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. The mayor, or mayor pro tempore if presiding, shall be entitled to vote only in the case of a tie.
Section 2.22. Ordinance form; procedure, (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. The enacting clause shall be: "The council of the City of Islands hereby ordains..." and every ordinance shall so begin.
(b) An ordinance may be introduced by any council member and read at a regular or special meeting of the city council.
(c) Upon passage, all ordinances shall be signed by the mayor, or mayor pro tempore if presiding, and the city clerk.
(d) Failure to comply with the technical requirements of this section shall not invalidate an ordinance if the intention of the governing authority that the ordinance be effective is evident.
Section 2.23. Form of official action. Notwithstanding any other provisions of this charter, acts of the city council which have the force and effect of law may be done by motion or resolution of the city council, except that any act of the city council to amend the charter or the code of ordinances or any other act required by general state law to be done by ordinance shall be done by ordinance.
Section 2.24. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three council members and promptly adopt an emergency ordinance, but such ordinance may not levy taxes, grant, renew, or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except for loans to be repaid within

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30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
Section 2.25. Codes of technical regulations, (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally.
(b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.
Section 2.26. Signing; authenticating; recording; codification; printing, (a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book, kept for that purpose, all ordinances adopted by the council.
(b) The city council shall provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council and shall be published as soon as is practicable, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Islands, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council.
(c) The city council shall cause each ordinance and each amendment to this charter to be published as soon as is practicable following their adoption, and the published ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
Section 2.27. Chief executive officer. The mayor shall be the chief executive of this city. He or she shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia and all the executive and administrative powers contained in this charter.
Section 2.28. Powers and duties of mayor. As the chief executive of this city, the mayor shall:
(1) See that all laws and ordinances of the city are faithfully executed; (2) Preside at all meetings of the mayor and council and have the right to take part in the deliberations of said board but shall not vote on any question except in the case of a tie; (3) Sign all deeds and contracts, except deeds for property sold under execution at public sale; (4) Cosign, along with the city clerk, all checks for the payment of money after payment of unpaid invoices, bills, and vouchers is approved by the mayor and council and approval for payment has been entered upon the minutes of the city; (5) Be clothed with veto power as hereinafter set out; (6) Keep the council advised from time to time of the general condition of the city and recommend such measures as he or she may deem necessary or expedient for the welfare of the city; and

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(7) Call the council together at any time when deemed necessary by him or her.
Section 2.29. Mayor pro tempore. The city council shall elect by a majority vote from among its members a mayor pro tempore who shall assume the duties and powers of the mayor upon the mayor's disability or absence.
Section 2.30. Veto power. Every ordinance and resolution passed and every election of an officer or employee by the mayor and council shall be subject to the veto of the mayor in the following manner: The mayor shall within three days write out his or her objections to such resolution, ordinance, or election; and the mayor and council shall, at the next regular or called meeting at which a quorum shall be present, order said objections entered on the minutes and take a vote on the question as to whether said ordinance, resolution, or other action shall become adopted over said veto. Should as many as five council members vote in the affirmative, said resolution, ordinance, or other action shall stand affirmed and become effective without the approval of the mayor; otherwise, not. The ayes and nays shall in all cases be entered on the minutes.
ARTICLE III ADMINISTRATIVE AFFAIRS
Section 3.10. Administrative and service departments, (a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties of and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city.
(b) Except as otherwise provided by this charter or general state law or federal law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance.
(d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor and council, be responsible for the administration and direction of the affairs and operations of his or her department or agency.
Section 3.11. Boards, commissions, and authorities, (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasijudicial, or quasi-legislative functions as the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof.
(b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointed authority, term of office, or manner of appointment is prescribed by this charter, a local Act, or general state law.
(c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.
(d) Except as specifically authorized by general law, no member of any board, commission, or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter, by other local law, by general law, or by ordinance.
(f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance and administered by the mayor.
(g) Any member of a board, commission, or authority may be removed from office for cause by a majority vote of the city council.
(h) Except as otherwise provided by this charter or by general state law, each board, commission, or authority of the city shall elect one of its members as chairman and one

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member as vice-chairman and one member as secretary. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or general state law as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the clerk of the city.
Section 3.12. City attorney. The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him or her by virtue of his or her position as city attorney.
Section 3.13. City clerk. The city council shall appoint a city clerk who shall not be a council member. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council.
Section 3.14. City treasurer. The city council shall appoint a city treasurer to perform the duties of a treasurer and fiscal officer.
Section 3.15. Personnel policies. The city council may adopt rules and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs.
ARTICLE IV JUDICIAL BRANCH
Section 4.10. Creation; name. There shall be a court to be known as the Municipal Court of the City of Islands.
Section 4.11. Chief judge; associate judge, (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by associate judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance.
(b) No person shall be qualified or eligible to serve as judge on the municipal court unless he or she shall have attained the age of 21 years. Members of the State Bar of Georgia shall be given preference in selection. All judges shall be appointed by the city council.
(c) Compensation of the judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of four members of the city council. (e) Before entering on the duties of his or her office, each judge shall take an oath given by the mayor that he or she will honestly and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council.
Section 4.12. Convening. The municipal court shall be convened at regular intervals as designated by ordinance or as provided by ordinance.

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Section 4.13. Jurisdiction; powers, (a) The municipal court shall try and punish violations of all city ordinances.
(b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $100.00 or 15 days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 30 days or both or may sentence any offender upon conviction to labor for the city on the streets, sidewalks, squares, or other public places for a period not exceeding 60 days.
(d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law.
(e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.
(f) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated.
(g) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary.
(h) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by general state law. All judges of the municipal court and the city clerk are authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city.
(i) Each judge of the municipal court shall have the same authority as a magistrate to issue warrants for offenses against state laws committed within the city.
(j) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of this city granted by general state laws to mayor's, recorder's, and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
Section 4.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Chatham County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
Section 4.15. Rules for court. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations for procedure in the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection and, upon request, a copy shall be furnished to all defendants in municipal court proceedings.
ARTICLE V ELECTIONS
Section 5.10. Applicability of general law. All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., known as the "Georgia Municipal Election Code."

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Section 5.11. Regular elections; time for holding, (a) On the first Tuesday in December of each odd-numbered year, there shall be an election for council members and the mayor. The terms of office shall begin at the time of taking the oath of office as provided in Section 2.18 of this charter.
(b) Candidates for the city council must run from one of the six council posts. A candidate for membership on the city council must designate which post he or she intends to run from upon qualifying to run for office.
Section 5.12. Special elections; vacancies. In the event that the office of mayor or council member shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such office. However, if such a vacancy occurs within six months of the expiration of the term of that office, the city council or those remaining shall by majority vote appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., known as the "Georgia Municipal Election Code."
Section 5.13. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels.
Section 5.14. Election by plurality. The person receiving a plurality of the votes cast for any city office shall be elected.
ARTICLE VI FINANCE
Section 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
Section 6.11. Millage rate; due dates; payment methods. The city council, by ordinance, may establish a millage rate, not to exceed 25 mills, for the city property tax, a due date, and in what length of time these taxes must be paid. In order to levy an ad valorem tax in excess of 25 mills, the council must first receive the approval of a majority of the voters voting in a referendum on the issue. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum and may authorize the voluntary payment of taxes prior to the time when due.
Section 6.12. Occupation and business taxes. The city council, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by general state law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in Section 6.18.
Section 6.13. Licenses; permits; fees. The city council, by ordinance, shall have the power to require any individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general state law in such a way as to preclude city regulation. Such fees, if unpaid, shall be collected as provided in Section 6.18. The city council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates.
Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of the city's streets and alleys for the purposes of railroads, street railways,

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telephone companies, electric companies, cable television, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises.
Section 6.15. Service charges. The city council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for sewer, sanitary, health services, or any other services rendered within and without the corporate limits of the city. If unpaid, such charges shall be collected as provided in Section 6.18.
Section 6.16. Special assessments. The city council, by ordinance, shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18.
Section 6.17. Construction; other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by state law and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
Section 6.18. Collection of delinquent taxes and fees. The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city by whatever reasonable means as are not precluded by general state law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, allowing exceptions for hardship, and providing for the assignment or transfer of tax executions.
Section 6.19. General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the general laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken.
Section 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
Section 6.21. Short-term loans. Any short-term loan obtained by the city must be repaid by December 31 of the year in which the loan was obtained unless otherwise provided by present or future state law.
Section 6.22. Fiscal year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government, unless otherwise provided by general state or federal law.
Section 6.23. Action by city council on budget, (a) The city council shall adopt and may thereafter amend an annual budget, except that the budget as finally adopted and amended must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues.
(b) The city council, by ordinance, shall adopt the final budget for the ensuing fiscal year not later than the first day of the fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the

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ensuing fiscal year. Such adoption shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity.
(c) The amount set out in the adopted budget for each organizational unit shall constitute the annual appropriation for such; and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable unless by a majority vote of the city council.
Section 6.24. Tax levies. As the next order of business following adoption of the budget, the city council shall levy, by ordinance, such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.
Section 6.25. Changes in appropriations. The city council, by majority vote, may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose.
Section 6.26. Independent audit. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public.
Section 6.27. Contracting procedures. No contract with the city shall be binding on the city unless:
(1) It is in writing; (2) It is drawn by or submitted to and reviewed by the city attorney; and (3) It is made or authorized by the city council and such approval is entered in the city council minutes.
Section 6.28. Centralized purchasing. The city council may prescribe procedures for a system of centralized purchasing for the city.
Section 6.29. Sale of city property, (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as provided by general state law.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city is of no readily ascertainable monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
Section 7.10. Official bonds. The officers and employees of this city, both elective and appointive, shall execute such official bonds in such amounts and upon such terms

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and conditions as the city council shall from time to time require by ordinance or as may be provided by state law.
Section 7.11. Prior ordinances. All ordinances, bylaws, rules, and regulations now in force in Chatham County not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council.
Section 7.12. Referendum on charter, (a) Not less than 120 days nor more than 180 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the board of elections of Chatham County to issue the call for an election for the purpose of submitting this Act to the electors of Chatham County residing inside the corporate limits of the proposed City of Islands, as described in Appendix A of this Act, and the electors of the unincorporated area of Chatham County residing outside the corporate limits of the proposed City of Islands, as described in Appendix A of this Act, for approval or rejection. The board of elections shall set the date of such election for a day not less than 30 days nor more than 90 days after the date of the issuance of the call. The board of elections shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Chatham County. The ballot shall have written or printed thereon the following:
"( ) YES Shall the Act proposing to incorporate the City of Islands, Georgia, be approved?"
( ) NO
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No."
(b) (1) The votes of the electors of Chatham County residing inside the corporate limits of the proposed City of Islands and the votes of the electors of Chatham County residing in the unincorporated area of Chatham County outside the corporate limits of the proposed City of Islands shall be counted separately.
(2) If more than one-half of the electors of Chatham County voting inside the corporate limits of the proposed City of Islands and more than one-half of the electors of Chatham County voting in the unincorporated area of Chatham County outside the corporate limits of the proposed City of Islands vote "Yes" in the election provided for in subsection (a) of this section, such vote shall constitute a formal request to the General Assembly to implement this Act as provided in Section 7.13 of this Act.
(3) If one-half or more of the electors of Chatham County voting inside the corporate limits of the proposed City of Islands or if one-half or more of the electors of Chatham County voting in the unincorporated area of Chatham County outside the corporate limits of the proposed City of Islands vote "No" in such election, this Act shall be null, void, and of no force and effect and shall stand repealed in its entirety upon the certification of the results of the referendum. (c) The expense of the election provided for in this section shall be borne by Chatham County. It shall be the duty of the board of elections of Chatham County to hold and conduct such election and to certify the result thereof to the Secretary of State.
Section 7.13. Subsequent legislative action required. If this Act is approved at the election provided for in Section 7.12, it shall not become effective, notwithstanding such approval, until the General Assembly at any subsequent regular session of the General Assembly amends this Act to provide for the first election of the mayor and council of the City of Islands and for the first mayor and council to take office and to provide for such changes in this charter as the General Assembly may find necessary or appropriate.
Section 7.14. Severability. 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

TUESDAY, FEBRUARY 25, 1986

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remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 7.15. Repealer. All laws and parts of laws in conflict with this Act are repealed.
APPENDIX A DESCRIPTION OF THE MUNICIPAL BOUNDARIES
OF THE CITY OF ISLANDS, GEORGIA
Begin at the confluence of St. Augustine Creek, Turner Creek, and Tybee River. Proceed Southeasterly along the thread of the stream of Tybee River to the intersection of the Tybee and Shad Rivers. Proceed Southeasterly along the thread of the stream of the Shad River to the intersection of the Shad River and the Tybee River at a point lying just South of the intersection of the Tybee River and Lazaretto Creek. Proceed Southerly along the thread of the stream of the Tybee River to Wassaw Sound. Continue in a straight direction on a Southwesterly course to the intersection of the Wilmington River. Proceed Northwesterly along the thread of the stream of the Wilmington River to the intersection of a line lying on the North side of a canal right-of-way lying between Lots 68 and 69, Walthour S/D. Proceed Easterly along the North side of the canal to the intersection of Wilmington Island Public Road at the centerline of the road. Proceed Northerly along the centerline of the right-of-way of Wilmington Island Public Road to the intersection of a line extending from the rear lot line of Lot 1, Block 1, Wilmington Park S/D, Phase A. Proceed Easterly along the rear lot line of Lot 1, Block 1, Wilmington Park S/D, Phase A and continue along the rear lot lines of Lots 2 through 9, Block 1, Wilmington Park S/D, Phase A. Continue along the rear lot lines of Lots 1 and 2, Block 1, Wilmington Park S/D, Phase A, Addition 2. Continue along the rear lot lines of Lots 65 through 72 inclusive, Block 1, Wilmington Park S/D, Phase A, Addition 3. Continue Southeasterly along the rear lot lines of Lots 78 through 80 inclusive, Wilmington Park S/D, Phase A, Addition 3. Continue Southeasterly along the rear lot lines of Lots 133 through 135; Block 1, Wilmington Park S/D, Phase A, Addition 5. Proceed Northeasterly along the rear lot line of the Oglethorpe Golf Course. Proceed Northwesterly along the rear lot line of the Oglethorpe Golf Course to the intersection of this line, extended to the intersection of the centerline of the Wilmington Island Road. Proceed Northeasterly along the centerline of Wilmington Island Road to Sea Island Drive. Continue Northeasterly along the centerline of Sea Island Drive, also known as Tybee Road, to the intersection of a line extending along the southwest side of a forty-foot drainage easement lying on the northeast side of Walthour S/D. Proceed along this drainage easement line Northwesterly to the intersection of the side lot line on the Northwesterly side of Lot 157, Block 2, Harbour Creek S/D, Phase 2. Continue along the said side lot line Northwesterly to Hillary Road. Proceed along the Northwesterly edge of the right-of-way of Hillary Road to the intersection of a line that is the contiguous side lot line of Lots 161 and 162, Block 2, Harbour Creek S/D, Phase 4B. Proceed Northerly along said contiguous lot line to the thread of the stream of Camoose Creek. Proceed Northerly along the thread of the stream of Camoose Creek to the intersection of a line extending from the rear lot line of Block 8, Camoose Cove, Phase 2. Continue Northeasterly along the rear lot line of the extension of Lot 178 to the Northeast side of a sixty-foot drainage easement lying along the Northeast side of said Lot 178, Block 4, Harbour Creek S/D, Phase 4A. Proceed Southeasterly along said sixty-foot drainage easement on the Northeast side of said easement to the centerline of Sandnettles Drive. Proceed Northeasterly along the centerline of Sandnettles Drive to the intersection of the centerline of Quarterman Road. Proceed Northwesterly along the centerline of Quarterman Road across U. S. Highway 80, continuing along the centerline of Quarterman Drive to the intersection of the centerline of Falligant Avenue. Proceed Southwesterly along the centerline of Falligant Avenue to the intersection of a line that is the contiguous side lot of Lots 16 and 17, Block 1, Talahi S/D. Continue Southwesterly along the centerline of Falligant Avenue, a distance of thirty-two and one-half feet. Proceed Northwesterly along the Southwest side lot line of the private boat ramp property lying in Lot 16, Block 1, Talahi S/D to the thread of the stream of Turners Creek. Proceed Northeasterly along

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the thread of the stream of Turners Creek to the confluence of St. Augustine Creek and Tybee River, the FOB.

Representative Kingston of the 125th moved that the House agree to the Senate substitute to HB 906.
On the motion, the ayes were 103, nays 3.
The motion prevailed.

The following Resolutions of the House were read and adopted:

HR 840. By Representatives Dean of the 29th, Redding of the 50th, Couch of the 40th, Lane of the 27th, Thomas of the 31st and others:
A resolution urging MARTA to consider the immediate implementation of an exterior bus advertising program.

HR 841. By Representatives Richardson of the 52nd, Galer of the 97th, Smyre of the 92nd, Robinson of the 96th, Groover of the 99th and others:
A resolution commending John D. Watson, Jr., M.D and for other purposes.

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 1185 Do Pass, by Substitute HB 1931 Do Pass

SB 537 Do Pass HB 962 Do Pass, by Substitute

Respectfully submitted, /s/ Thomas of the 69th
Acting 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 of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1074 Do Pass, by Substitute SB 490 Do Pass, by Substitute
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:

TUESDAY, FEBRUARY 25, 1986

1601

Mr. Speaker:
Your Committee on Ways & Means 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 1658 Do Pass, by Substitute
Respectfully submitted, /s/ Wilson of the 20th
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.

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Representative Hall, Atlanta, Georgia Wednesday, February 26, 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 J. D. Turner, Pastor, Pinehill Baptist Church, Hephzibah, 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 of the House were introduced, read the first time and referred to the committees:
HB 2050. By Representative Dixon of the 151st: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Camden 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.
HB 2051. By Representative Goodwin of the 63rd: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes and exemptions therefrom, so as to provide a credit from income taxes for persons contributing real property to nonprofit youth service corporations; to provide for a definition in connection therewith.
Referred to the Committee on Ways & Means.

WEDNESDAY, FEBRUARY 26, 1986

1603

HB 2052. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act creating the Board of Commissioners of Rabun County, so as to change the provisions relating to the selection of the chairman of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2053. By Representatives Dover of the llth and Jamieson of the llth:
A bill to reincorporate and provide a new municipal charter for the City of Baldwin, in Habersham and Banks counties; to provide for the boundaries of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2054. By Representatives Pettit of the 19th, McKelvey of the 15th and Childers of the 15th:
A bill to provide that each resident of the Bartow County School District who is 62 years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $18,000.00 per annum shall be granted an exemption from all Bartow County School District taxes on the full value of such person's homestead owned and occupied by such person as a residence.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2055. By Representatives Crawford of the 5th, Hays of the 1st and Snow of the 1st:
A bill to amend an Act relating to the Dade County board of education, so as to change the number of members of the board of education which constitutes a quorum for the transaction of business.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2056. By Representatives McDonald of the 12th, 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 authorizing the Board of Commissioners of Banks County to assess and collect license fees and taxes from all persons, firms, and corporations maintaining any place of business in any area of Banks County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2057. By Representatives Triplet! of the 128th, Hamilton of the 124th and Pannell of the 122nd:
A bill to amend an Act creating a new charter for the City of Pooler, so as to change the corporate limits of the City of Pooler.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2058. By Representatives Lucas of the 102nd, Randall of the 101st, Pinkston of the 100th, Groover of the 99th and Home of the 103rd:

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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 Macon to grant preferential assessments for city ad valorem property tax purposes for revitalized or rehabilitated residential property (Res. Act No. 171).
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 2003 HB 2004 HB 2005 HB 2006 HB 2007 HB 2008 HB 2009 HB 2010 HB 2011 HB 2012 HB 2013 HB 2014 HB 2015 HB 2016 HB 2017 HB 2018 HB 2019 HB 2020 HB 2021 HB 2022 HB 2023 HB 2024 HB 2025 HB 2026 HB 2027 HB 2028 HB 2029 HB 2030 HB 2031 HB 2032 HB 2033 HB 2034

HB 2035 HB 2036 HB 2037 HB 2038 HB 2039 HB 2040 HB 2041 HB 2042 HB 2043 HB 2044 HB 2045 HB 2046 HB 2047 HB 2048 HB 2049 SB 380 SB 409 SB 468 SB 475 SB 497 SB 532 SB 561 SB 562 SB 563 SB 564 SB 570 SB 573 SB 574 SB 577 SB 578 SR 376 SR 389

Representative Ross of the 82nd District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 2049 Do Pass SB 478 Do Pass, as Amended HB 1274 Do Pass, by Substitute

WEDNESDAY, FEBRUARY 26, 1986

1605

Respectfully submitted, Is/ Ross of the 82nd
Chairman

Representative Rainey of the 135th District, Chairman of the Committee on Game, Fish & Recreation, submitted the following report:

Mr. Speaker:

Your Committee on Game, Fish & Recreation has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

SB 410 Do Pass SB 350 Do Pass HR 771 Do Pass

SB 299 Do Pass, by Substitute HB 1466 Do Pass, by Substitute

Respectfully submitted, /s/ Rainey of the 135th
Chairman

Representative Jackson of the 9th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 463 Do Pass SB 417 Do Pass SB 551 Do Pass

SB 552 Do Pass SB 390 Do Pass, by Substitute

Respectfully submitted, /s/ Jackson of the 9th
Chairman

Representative Colwell of the 4th District, Chairman of the Committee on State Institutions & Property, submitted the following report:

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 770 Do Pass
Respectfully submitted, /s/ Colwell of the 4th
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:

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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 1618 Do Pass HB 1619 Do Pass HB 1620 Do Pass HB 1621 Do Pass HB 1622 Do Pass HB 1623 Do Pass HB 1624 Do Pass HB 1625 Do Pass HB 1626 Do Pass HB 1628 Do Pass HB 1629 Do Pass HB 1630 Do Pass HB 1631 Do Pass HB 1633 Do Pass HB 1634 Do Pass HB 1714 Do Pass HB 1822 Do Pass HB 1824 Do Pass HB 1854 Do Pass HB 1966 Do Pass HB 1967 Do Pass HB 1970 Do Pass

HB 1971 Do Pass HB 1972 Do Pass HB 1973 Do Pass HB 1975 Do Pass HB 1978 Do Pass HB 1980 Do Pass HB 1981 Do Pass HB 1982 Do Pass HB 1983 Do Pass HB 1985 Do Pass HB 1987 Do Pass HB 1988 Do Pass HB 1989 Do Pass HB 1991 Do Pass HB 1993 Do Pass HB 1994 Do Pass HB 1995 Do Pass HB 1996 Do Pass HB 1997 Do Pass HB 1998 Do Pass HB 1999 Do Pass HB 1968 Do Pass

Respectfully submitted, /s/ Richardson of the 52nd
Sub-Committee Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 26, 1986
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 33rd Legislative Day as enumerated below:
HB 264 Fireworks: Regulate Sale: Permits HB 310 Abortions: Certain Minors or Incompetent Persons: Notices HB 414 Alcoholic Beverage: Consumption While Driving HB 568 Education: School Security Personnel: Powers HB 962 Medical Information: Release By Physicians HB 1185 Civil Practice: Dismissal Of Actions HB 1347 School Buses: Reports Of Veh. Passing: Hearings HB 1549 County Boards of Health: Immunity From Liability HB 1658 Ad Valorem Tax Exemption: Certain Property HB 1688 Superior Court Clerks: Vacancy: Appointment HB 1843 Uniform Division: Designate Cadets As Peace Officers HB 1931 Landlord/Tenant: Removing Mobile Home, Etc.: Writ Of Possession HB 1952 Agency For Removal of Hazardous Materials: Create HB 1953 Hazardous Materials: State Officials: Liability Insurance HB 1984 Food Act: Labeling of Beef HB 1986 Veterinary Care: Records: Privileged Information HB 2001 Aid To Families: Exempt Certain Income

WEDNESDAY, FEBRUARY 26, 1986

1607

HR 518 Children & Youth Study Committee; Create HR 644 Indemnification: Law Enf. Off., Etc.: Perm. Disabil-CA (Rec) HR 686 Atlanta-Fulton County Taxation Study Committee; Create HR 717 English: Designate Official Language: State of Georgia HR 718 Devel. Districts: Creation: Ad Valorem Tax Exemption
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 1618. By Representative Benn of the 38th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing any municipality having a population of 150,000 or more to issue street improvement bonds subject to certain limitations.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1619. By Representative Benn of the 38th:
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 Atlanta to issue revenue bonds for the purpose of providing repairs and improvements in its water works system and sanitation 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 1620. By Representative Benn of the 38th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that, upon the extension of the corporate limits of the City of Atlanta into Fulton County, the additional territory and school property located in the annexed area become a part of the City of Atlanta independent 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.

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JOURNAL OF THE HOUSE,

HB 1621. By Representative Benn of the 38th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which provides that the City of Atlanta shall assume a portion of the bonded indebtedness of the Fulton County School District when territory within the school district is annexed into 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 1622. By Representative Benn of the 38th:
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 maximum indebtedness which may be incurred by the City of Atlanta shall be 12 percent of the total tax digest.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1623. By Representative Benn of the 38th:
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 Atlanta to incur bonded indebtedness without the necessity of the referendum for the purpose of constructing and repairing water and solid waste disposal 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 1624. By Representative Benn of the 38th:
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 new court or system of courts in each city having a population of more than 300,000 and to provide jurisdiction of such court or system of courts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 26, 1986

1609

HB 1625. By Representative Benn of the 38th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing a procedure whereby the City of Atlanta may issue a total of $4 million in bonds in any fiscal year for school purposes without 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.

HB 1626. By Representative Benn of the 38th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing a procedure whereby the City of Atlanta may issue a total of $4 million in bonds in any fiscal year for municipal corporate purposes without 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.

HB 1628. By Representative Benn of the 38th:
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 Atlanta to establish historic zones and to enact planning and zoning ordinances applicable 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 1629. By Representative Benn of the 38th:
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 establish procedures whereby any city with a population of over 400,000 may demolish certain buildings or structures from private premises under certain conditions at public expense.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1630. By Representative Benn of the 38th:
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

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Atlanta under certain circumstances to levy ad valorem taxes not to exceed two mills in any calendar year for the purpose of retiring revenue obligations issued by 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 1631. By Representative Benn of the 38th:
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 Atlanta to issue and sell revenue bonds for the construction of off-street parking facilities.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1633. By Representative Benn of the 38th:
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 for the creation of a county-wide public library system within all counties having a population of 550,000 or more and to transfer the library facilities of any city located wholly or partially in the county to such 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 1634. By Representative Couch of the 40th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb and creating a new charter for that city, so as to authorize the city to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the "Redevelopment Powers Law," as now or hereafter 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 26, 1986

1611

HB 1714. By Representative McKinney of the 35th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of more than 300,000 according to the United States decennial census of 1960 or any future such census, approved April 21, 1967, as amended, so as to create the position of senior judge of any such 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 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).

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1824. By 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1854. By Representatives 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1966. By Representative Chance of the 129th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Effingham County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1967. By Representative Waddle of the 113th:
A bill to amend an Act incorporating the City of Centerville in Houston County, so as to authorize the city to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such 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 ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1968. By Representative Pannell of the 122nd:
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 the City of Savannah to establish historic zones within a designated area 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 1970. By Representative Murphy of the 18th:
A bill to provide the commission retained by the Haralson County tax commissioner for collection of Haralson County school taxes shall be reduced to one-quarter of 1 percent; to provide that all school taxes collected in excess of said one-quarter of 1 percent commission shall be paid over to the Haralson County board of education in the manner provided by general law.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1971. By Representative Patten of the 149th: A bill to create the Lakeland-Lanier County Charter 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.

WEDNESDAY, FEBRUARY 26, 1986

1613

The Bill, having received the requisite constitutional majority, was passed.

HB 1972. By Representative Crawford of the 5th:
A bill to create a board of commissioners of Chattooga County; to provide for their election, oath, and powers and duties; to prohibit candidates for nomination or election to said board from making certain agreements and to provide for penalties in connection therewith.

The following substitute, offered by Representative Crawford of the 5th, was read and adopted:

A BILL
To create a board of commissioners of Chattooga County; to provide for their election, oath, and powers and duties; to prohibit candidates for nomination or election to said board from making certain agreements and to provide for penalties in connection therewith; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The governing authority of Chattooga County shall be the board of commissioners of Chattooga County, hereinafter referred to in this Act as the "board of commissioners" or the "board," which shall consist of five members. The members of the board of commissioners shall be elected as provided in this Act.
Section 2. (a) For the purpose of electing the members of the board of commissioners, Chattooga County shall be divided into five commissioner districts as follows:
Commissioner District No. 1
Chattooga Tract 9901 That part of Block 114 west of Taylor Ridge Blocks 115 through 154 That part of Block 155 inside the City of Trion Blocks 156 through 159 and 165 through 171 Tract 9902 Blocks 101 through 160
Commissioner District No. 2
Chattooga Tract 9901 That part of Block 155 outside the City of Trion Blocks 162 through 164, 172 through 184, and 186 through 199 Blocks 201 through 226, 228 through 236, 265, and 267 through 271 That part of Block 272 inside the Trion CCD Blocks 317 and 318 Tract 9902 Blocks 161 through 169

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Blocks 305 through 317 Tract 9903
Blocks 206, 264, 265, and 269
Commissioner District No. 3
Chattooga Tract 9901 Blocks 227, 237 through 261, 263, and 264 That part of Block 272 inside the Trion CCD Tract 9902 Blocks 318 through 357 Tract 9903 Blocks 207 through 263 Tract 9904 Blocks 115 through 163
Commissioner District No. 4
Chattooga Tract 9902 Block Group 2 Blocks 301 through 304 Tract 9903 Block Group 1 Blocks 201 through 205, 266 through 268, and 270 through 273 Block Group 3 Tract 9904 Blocks 164 through 167 and 178 through 181
Commissioner District No. 5
Chattooga Tract 9901
Blocks 101 through 113 That part of Block 114 East
of Taylor Ridge That part of Block 272 in the
Little Sand Mountain CCD Blocks 273 through 299 Blocks 301 through 307 Tract 9904 Blocks 101 through 114, 168, 170
through 177, and 182 through 199 Block Groups 2 and 3
(b) For the purposes of subsection (a) of this section the terms "Census County Division (CCD)," "Tract," "Block Group," and "Block" shall mean and describe the same geographical boundaries as described in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia, County of Chattooga.
(c) Any part of Chattooga County which is not included in any district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980.
Section 3. (a) There shall be elected one commissioner from each commissioner district described in Section 2 of this Act. Each commissioner shall be elected by a majority

WEDNESDAY, FEBRUARY 26, 1986

1615

of the qualified electors voting within each respective commissioner district. In order to be eligible lor election as commissioner, a candidate for said office must have resided within the area comprising the commissioner district for which said candidate is offering for election for at least one year prior to the date of the general election at which such commissioner is to be elected. Each person offering for nomination or election as commissioner shall specify the commissioner district for which the person is offering. A person must be at least 21 years of age as of the date of taking office as a member of the board of commissioners.
(b) Each member of the board of commissioners shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
(c) Each member of the board of commissioners shall remain a resident of the respective commissioner district from which the member was elected during a term of office. Any member who ceases to be a resident of the district from which elected during a term of office shall thereby forfeit the remaining term of office and a vacancy shall thereby be created.
(d) It shall be unlawful for any candidate for nomination or election to the board to enter into any agreement or understanding with any person relating to the disposal of any work, the purchase of any supplies, or any appointment which is or shall be under the control of the board. Any person violating the provisions of this subsection shall be ineligible to hold office as a member of the board and shall be guilty of a misdemeanor and upon conviction therefor shall be punished as for a misdemeanor.
Section 4. (a) The first members of the board of commissioners provided for by this Act shall be elected at the general election of 1988. The first members elected from Commissioner Districts 1, 3, and 5 shall take office on the first business day of January, 1989, for terms of four years and until their successors are elected and qualified. The first members elected from Commissioner Districts 2 and 4 shall take office on the first business day of January, 1989, for initial terms of two years and until their successors are elected and qualified.
(b) Successors to the first members of the board of commissioners elected under subsection (a) of this section and future successors shall be elected at the general election immediately preceding the expiration of the respective terms of office and shall take office on the first business day of January immediately following their election for terms of four years and until their successors are elected and qualified.
Section 5. Before entering office, each member of the board shall subscribe to the oath required by law of county officers and shall also give bond, with good security, payable to the Governor of this state in the sum of $25,000.00 conditioned upon the faithful performance of duties as a member of the board. Each such bond shall be approved by the judge of the Probate Court of Chattooga County. The costs of such bonds shall be paid from the funds of Chattooga County.
Section 6. The board of commissioners shall hold a regular meeting at least once each month and shall provide by ordinance or resolution for the time of such regular meetings and the procedures and requirements for holding additional meetings. All meetings of the board shall be conducted in conformity with the requirements of Chapter 14 of Title 50 of the O.C.G.A., relating to the conduct of meetings by public agencies.
Section 7. (a) At the first regular meeting of the board of commissioners which is held immediately following newly elected members taking office, the members of the board shall elect a chairman from their own membership to serve until a successor chairman is elected at the first regular meeting of the board of commissioners which is held following the next election of members of the board. Any member who serves as chairman shall be eligible to succeed himself or herself in office as chairman.
(b) The chairman shall preside at meetings of the board and shall have such additional powers and duties as the board, by ordinance or resolution, shall prescribe.
(c) The member serving as chairman shall continue to be a full voting member of the board.

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Section 8. (a) Each member of the board of commissioners including the chairman shall be compensated in the amount of $2,400.00 per annum. The compensation of the chairman and other members shall be paid in equal monthly installments from the funds of Chattooga County.
(b) The members of the board of commissioners including the chairman may be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties and may receive a travel allowance for traveling by private automobile on official county business. For traveling by common carrier on official county business, members may be reimbursed for actual and necessary transportation expenses. The board of commissioners shall provide by ordinance or resolution procedures and requirements for the reimbursement of expenses consistent with the provisions of this subsection.
(c) Except as otherwise provided by subsection (b) of Code Section 16-10-6 of the O.C.G.A., no officer or employee of Chattooga County or any agency thereof shall be interested, directly or indirectly, in any contract made with the county or receive any profit or emolument for any purchase or sale of material or other articles sold to the county or paid for from the funds of the county.
Section 9. (a) In the event a vacancy occurs in the membership of the board of commissioners because of death, resignation, removal of residence from the commissioner district from which elected or because of any other reason, such vacancy shall be filled as follows:
(1) If the remaining term of office is more than one year, the vacancy shall be filled for the unexpired term by special election as provided in subsection (b) of this section; or
(2) If the remaining term of office is one year or less, the remaining members of the board shall appoint a qualified resident of the commissioner district wherein the vacancy exists to serve for the unexpired term. (b) A special election required by paragraph (1) of subsection (a) of this section shall be called by the election superintendent of Chattooga County within ten days after the date of the vacancy. The election superintendent shall set the date of the election at least 30 but not more than 90 days after the date on which the call for the election is issued. The special election shall be held only within the commissioner district wherein the vacancy exists. All such special elections shall be held and conducted in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code." When a vacancy is filled by special election, the remaining members of the board of commissioners shall be authorized to appoint a qualified resident of the commissioner district wherein the vacancy exists to serve until the person elected at the special election takes office. (c) If the vacancy is in the office of the member who is serving as chairman, the remaining members shall elect from their membership a chairman to serve until a chairman is regularly elected as provided in subsection (a) of Section 7 of this Act.
Section 10. (a) Every proposed ordinance or resolution shall be introduced in writing. No ordinance or resolution shall pass which refers to more than one subject matter or contains matter different from that expressed in the title thereof, except ordinances or resolutions adopting the annual operating and capital budgets and general codifications and revisions of ordinances and resolutions of the board of commissioners.
(b) Except for emergency ordinances or resolutions under subsection (c) of this section, no ordinance or resolution shall be adopted until it has been read or presented in written form at two meetings held not less than one week apart. The affirmative vote of a majority of the full membership of the board of commissioners shall be required for the adoption of any ordinance or resolution. The passage of all ordinances or resolutions shall require the recording of "ayes" and "nays" and the names of the members of the board of commissioners voting for and against each proposed ordinance or resolution or amendment thereto shall be entered upon the journal of the proceedings of the board of commissioners.
(c) To meet a public emergency threatening life, health, property, or public peace, the board of commissioners may adopt emergency ordinances or resolutions, but such ordinances or resolutions may not be enacted to levy taxes, or to grant, renew, or extend a

WEDNESDAY, FEBRUARY 26, 1986

1617

franchise, or to regulate the rate charged for any public utility or service, or to authorize the borrowing of money. An emergency ordinance or resolution shall be in the form prescribed for ordinances or resolutions generally, except that it shall be plainly designated as an emergency ordinance or resolution and shall contain a declaration stating what emergency exists. An emergency ordinance or resolution may be adopted with or without amendment or may be rejected at the meeting at which it is introduced, but the affirmative vote of at least three members of the board of commissioners shall be required for its adoption, it shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance or resolution shall automatically stand repealed on the sixteenth day following the date on which it was adopted but, if the emergency still exists, the automatic repeal of the ordinance or resolution shall not prevent its reenactment in the manner specified in this subsection. An emergency ordinance or resolution may also be repealed by adoption of the repealing ordinance or resolution in the same manner specified in this subsection for adoption of emergency ordinances or resolutions.
(d) The board of commissioners may adopt any standard code of technical regulations by reference thereto in an adopting ordinance or resolution.
Section 11. (a) There shall be a county manager who shall be elected by a majority vote of the members of the board. The county manager shall be chosen solely on the basis of executive and administrative qualifications and need not be a resident of Chattooga County or of the state at the time of election by the board of commissioners. A person selected as county manager shall have at least three years' experience in government or business administration or a bachelor's degree in business or public administration.
(b) The county manager may be removed from office by a majority vote of the members of the board of commissioners. At least 30 days before such removal shall become effective, the board of commissioners shall adopt a preliminary resolution stating the reasons for the removal of the county manager. By the preliminary resolution, the board of commissioners may suspend the county manager from duty. The county manager may, within ten days, reply in writing and may request a public hearing which shall be held not earlier than 20 nor later than 30 days after the filing of such request. After such public hearing, if one be requested, and after full consideration, the board of commissioners may adopt a final resolution of removal. If the county manager is removed from office, the board of commissioners shall cause to be paid forthwith to the county manager any unpaid balance of the county manager's salary and the county manager's salary for the next three calendar months following adoption of the preliminary resolution, unless the county manager is removed for malfeasance, misfeasance, or nonfeasance in office, in which event the salary of the county manager shall be paid only to the date of the adoption of the resolution of removal.
(c) The county manager shall receive such compensation as shall be fixed by the board of commissioners.
Section 12. The county manager shall be responsible to the board of commissioners for the proper and efficient administration of the affairs of the county government and shall have the following powers and duties:
(1) To serve as the chief executive officer and head of the administrative branch of the county government;
(2) To recommend to the board of commissioners the creation, reorganization, or abolishment of certain offices, departments, or bureaus;
(3) To appoint or remove certain officers and employees as authorized by Section 13 of this Act;
(4) To direct and supervise the administration of all departments, offices, and agencies of the county government except as otherwise provided by ordinance or resolution of the board of commissioners;
(5) To see that the ordinances, resolutions, and regulations of the board of commissioners and laws of the state, subject to enforcement by the county manager or by officers subject to said officer's supervision and control, are faithfully executed and enforced;

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(6) To attend all meetings of the board of commissioners unless excused and, upon the request of the board of commissioners, to take part in the discussion; but the county manager may not vote on any question before the board of commissioners;
(7) To prepare and submit annually a proposed balanced operating and capital budget and capital improvement program to the board of commissioners and to appoint such officers or employees of the county government as the county manager may select to assist in the preparation of such budget;
(8) To submit to the board of commissioners and make available to the public a complete report of the finances and administrative activities of the county government as of the end of each fiscal year and at such other times as the board of commissioners may direct;
(9) To prepare and make such other reports concerning the operations of departments, offices, and agencies of the county government as may be required by the board of commissioners;
(10) To keep the board of commissioners fully informed of the financial condition and future needs of the county government and to make recommendations to the board of commissioners concerning the affairs of the county government;
(11) To appoint, subject to the approval of the board of commissioners, a qualified administrative officer to exercise the powers of the county manager during the temporary absence or disability of said officer by filing a letter for such purpose with the clerk of the board of commissioners; and
(12) To exercise and perform such other or additional duties and assignments as may be required by the board of commissioners.
Section 13. (a) Subject to the personnel rules or ordinances or resolutions adopted by the board of commissioners, to the limitations of subsection (c) of this section, and to other general limitations or qualifications prescribed by law, the county manager shall have the power to appoint and, when said officer deems it in the best interest of the county government, to remove all officers and employees of the county government who are subject to the supervision and control of the county governing authority.
(b) Subject to budgetary limits, salary ranges established by the board of commissioners, and resolutions or ordinances of the board of commissioners, the county manager shall have the authority to fix the salaries of all employees who are subject to said officer's supervision and control. The salary ranges of all employees shall be established by appropriate action of the board of commissioners.
(c) The authority of the county manager to supervise and control county officers and employees shall not extend to or include the following officers and employees:
(1) Officers elected by the people; (2) Members of boards, commissions, and authorities; and (3) Employees subject to the supervision and control of elected county officers. (d) There shall be a county attorney who shall be selected by the board of commissioners. The county attorney shall be a member of the State Bar of Georgia in good standing. The county attorney shall act as legal adviser, attorney, and counsel to the board of commissioners and carry out such other duties as the county's legal officer as shall be directed by the board of commissioners. The board of commissioners shall fix the compensation of the county attorney. (e) The board of commissioners shall provide for and cause to be made an annual audit of the financial affairs and transactions of all funds and activities of the county government for each fiscal year and shall otherwise comply with the requirements of Chapter 81 of Title 36 of the O.C.G.A., relating to budgets and audits of local governments.
Section 14. (a) The board of commissioners shall require competitive bidding before making a purchase or contract, except professional services contracts, under such rules and regulations as it may establish, but the board may by ordinance or resolution exempt purchases under $2,500.00 from competitive bidding subject to such regulations as it may deem proper. Should the board of commissioners desire to do so it may take bids for professional services.

WEDNESDAY, FEBRUARY 26, 1986

1619

(b) Under procedures and requirements which the board of commissioners may establish by ordinance or resolution, the repair of county equipment may be exempted from competitive bidding when such competitive bidding causes unreasonable delay in the repair of such equipment.
Section 15. The board of commissioners shall have the power to fix and establish, by appropriate resolution or ordinance entered on its minutes, policies, rules, and regulations governing all matters over which the board of commissioners has authority as the governing authority of Chattooga County. Without limiting the generality of the foregoing, but subject to the requirements and limitations of the general laws of this state, the following powers are vested in the board of commissioners:
(1) To levy taxes; (2) To fix the rates of all other charges; (3) To make appropriations; (4) To authorize the incurring of indebtedness; (5) To authorize work to be done where the cost is to be assessed against benefited property and to fix the basis for such assessment; (6) To establish, alter, or abolish public roads, private ways, bridges, and ferries, according to law; (7) To establish, abolish, or change election precincts and militia districts according to law; (8) To allow the insolvent lists for the county; (9) To authorize the acceptance for the county of the provisions of any optional statute where the statute permits its acceptance by the governing authority of a county; (10) To regulate land use by the adoption of a comprehensive development plan and by the adoption of other planning and zoning ordinances which relate reasonably to the public health, safety, morality, and general welfare of the county and its citizens; (11) To create and change the boundaries of special taxing districts authorized by law;
(12) To fix the bonds of county officers where the same are not fixed by statute; (13) To direct and control all the property of the county according to law; (14) To levy a general tax for general purposes and special taxes for particular county purposes; (15) To examine and audit the accounts of all officers, including all county officers, having the care, management, keeping, collecting, or disbursement of money belonging to the county or collected for the county's use and benefit; (16) To examine, settle, and allow all claims against the county; (17) To regulate peddling and fix the cost therefor and to fix the cost for licenses for the sale of spirituous liquors and alcoholic beverages and to fix the cost for the exhibition of shows in the county; (18) To enact any ordinances or other legislation the county may be given authority to enact; (19) To determine the priority of capital improvements; (20) To call elections for the voting of bonds; (21) To exercise all of the power and authority vested by law in the judge of the probate court when sitting for county purposes; (22) To fix, levy, and assess license fees, charges, or taxes on all persons, firms, and corporations engaging in or offering to engage in any trade, business, calling, avocation, or profession in the unincorporated area of Chattooga County, except businesses which are subject to regulation by the Public Service Commission, and to classify all such persons, firms, and corporations according to the nature, manner, and size of business conducted by such persons, firms, and corporations and to fix, levy, and assess different license fees, charges, or taxes against different classes of trades, businesses, callings, avocations, or professions; (23) To adopt ordinances and resolutions to govern and regulate all trades, businesses, callings, avocations, or professions, not contrary to regulations prescribed by

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general law, for the purpose of protecting and preserving the health, safety, welfare, and morals of the citizens of said county, and to prescribe penalties for the violation of any such ordinances and resolutions, including the operation of such businesses
without the obtaining of a license or when such license is revoked or suspended; (24) To prescribe penalties and punishment for the violation of zoning ordinances,
building codes, including electrical, plumbing, heating, and air-conditioning regula-
tions, and all other lawful ordinances adopted by the board of commissioners pursuant to this or any other law in force in said county;
(25) To provide ordinances for the preservation and protection of county property
and equipment and the administration and use of county facilities, such as parks, playgrounds, and swimming pools, by the public, and to prescribe penalties and pun-
ishment for violations thereof; (26) To prescribe fire safety regulations relating to both fire prevention and detec-
tion and to fire fighting, and to prescribe penalties and punishment for violation
thereof; (27) To prohibit or regulate and control the erection and maintenance of signs, bill-
boards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads within the
unincorporated area of said county, and to prescribe penalties and punishment for violation of such ordinances;
(28) To adopt ordinances and regulations for the prevention of idleness, loitering,
vagrancy, disorderly conduct, public drunkenness, and disturbing the peace in the unincorporated area of said county and to prohibit the playing of lotteries therein, and to prohibit or regulate such other conduct and activities within said area of Chattooga County which, while not constituting offenses against the general laws of this state,
are deemed by the board of commissioners to be detrimental and offensive to the peace, good order, and dignity of Chattooga County and to the welfare and morals of
the citizens thereof; and (29) To exercise all powers now or hereafter vested in county governing authorities
by the Constitution and general laws of this state.

Section 16. Unless prohibited by the federal Voting Rights Act of 1965, as amended,
the election superintendent of Chattooga County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Chattooga County for approval or rejection. The election superintendent shall conduct that election
on the same date as the general election of 1986 and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. 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 Chattooga County. The ballot shall have
written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act creating a five-member board of commissioners of Chattooga County who are elected from single-member commissioner dis-
tricts and providing for the powers and duties of said board of commissioners be approved?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the
votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in Section 17 of this Act, but otherwise it shall be void and of no force
and effect. The expense of such election shall be borne by Chattooga County. It shall be the duty
of the superintendent to hold and conduct such election and to certify the result thereof
to the Secretary of State.

Section 17. If this Act is approved in the referendum provided for by Section 16 of this Act, it shall become effective for all purposes on January 1, 1989, but the provisions of this Act relating to the election of the first members of the Board of Commissioners of Chattooga County at the 1988 general election as provided in subsection (a) of Section

WEDNESDAY, FEBRUARY 26, 1986

1621

4 of this Act shall be effective as necessary for the nomination and election of such members.
Section 18. If this Act becomes effective as provided in Section 17 of this Act, then the Act creating the Office of Commissioner of Chattooga County approved March 6, 1956 (Ga. L. 1956, p. 2899), as amended, shall be repealed in its entirety effective on the date the first board of commissioners provided for by this Act takes office.
Section 19. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1973. By Representative Jackson of the 65th:
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 Walton Industrial Building Authority and the powers and functions 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 1975. By Representatives Auten of the 156th and Ramsey of the 155th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Glynn County during designated registration periods as provided in Code Section 40-2-20.1 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1978. By Representatives Cummings of the 17th and Murphy of the 18th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Polk County during designated registration periods as provided in Code Section 40-2-20.1 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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HB 1980. By Representatives Hill of the 83rd and Harris of the 84th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Columbia County during designated registration periods as provided in Code Section 40-2-20.1 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1981. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act creating a board of commissioners of Bulloch County, so as to change the name of the position "chairman and clerk" of the board of commissioners of Bulloch County to "chairman"; to authorize the board of commissioners to employ a clerk and a deputy clerk; to provide for editorial revision.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1982. By Representatives Thomas of the 69th, Lee of the 70th and Shepard of the 71st:
A bill to amend an Act relating to the board of education and school superintendent of the Carroll County School District, so as to clarify provisions relating to the date of future elections of certain members of the 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 1983. By Representatives Thomas of the 69th, Lee of the 70th and Shepard of the 71st:
A bill to amend an Act placing the clerk of the Superior Court of Carroll County on a salary basis, so as to change the compensation of the clerk of the Superior Court 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.

WEDNESDAY, FEBRUARY 26, 1986

1623

HB 1985. By Representative Smith of the 78th:
A bill to create the Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer 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 1987. By Representatives Groover of the 99th, Randall of the 101st and Home of the 103rd:
A bill to amend an Act providing a new charter for the City of Macon in Bibb County, so as to authorize the city to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such 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 ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1988. By Representatives Groover of the 99th, Home of the 103rd, Lucas of the 102nd, Pinkston of the 100th and Randall of the 101st:
A bill to amend an Act establishing the board of commissioners of Bibb County, so as to authorize Bibb County to have and be authorized to exercise all redevelopment and other powers authorized or granted counties pursuant to the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such 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 ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1989. By Representative Sizemore of the 136th:
A bill to provide for the compensation of the chairman and members of the board of education of Worth 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 1991. By Representative Reaves of the 147th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Brooks County Development Authority (Res. Act No. 64).

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1993. By Representative McDonald of the 12th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Jackson County during designated registration periods as provided in Code Section 40-2-20.1 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1994. By Representatives McDonald of the 12th, Dover of the llth and Jamieson of the llth:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Banks County during designated registration periods as provided in Code Section 40-2-20.1 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1995. By Representative McDonald of the 12th: A bill to create the Jackson County Water and Sewerage 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 1996. 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, operation, and powers of the City of Dalton Building 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.

WEDNESDAY, FEBRUARY 26, 1986

1625

HB 1997. By Representatives Lane of the lllth and 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 Screven County during designated registration periods as provided in Code Section 40-2-20.1 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1998. By Representative Parrish of the 109th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Emanuel County Development Authority (Res. Act No. 87).

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1999. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act creating a board of commissioners of Stephens County, so as to change the compensation 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.

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 583. By Senator Bond of the 39th:
A bill to amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances binding succeeding councils, so as to permit municipal governing authorities in cities having populations of not less than 400,000 according to the United States decennial census of 1980 or any future such census to enter into binding contracts regarding downtown development areas and urban redevelopment areas.

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JOURNAL OF THE HOUSE,

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 Annotated, 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.

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.

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.

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.

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.

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.

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.

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.

WEDNESDAY, FEBRUARY 26, 1986

1627

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 taxation for educational purposes levied for and in behalf of such school system.

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).

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.

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.

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).

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.

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 designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.

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).

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.

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JOURNAL OF THE HOUSE,

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.

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 that constitutional amendment which relates to the creation of the Webster County Industrial Development Authority.

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.

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).

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.

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 Development Authority (Res. Act No. 120).

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).

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).

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:

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:

WEDNESDAY, FEBRUARY 26, 1986

1629

A bill to provide for the compensation of certain officials and judicial officers in Chatham County; to provide procedures for changing such compensation.

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 Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:

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.

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.

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 Annotated, relating to the termination of the State Board of Examiners of Psychologists, 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.

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 preventing 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 Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:

SB 553. By Senator Stumbaugh of the 55th:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rule making, rates, and related organizations, so as to authorize agreements among insurers with respect to the equitable apportionment of certain property and casualty insurance risks; to require that such agreements apportioning property and casualty insurance risks be approved by the Commissioner of Insurance.

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JOURNAL OF THE HOUSE,

SB 540. By Senator Deal of the 49th:
A bill to amend Part 3 of Article 2 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to the arbitration of construction contracts, so as to extend such provisions to contracts generally; to provide a short title; to provide for applicability; to provide for the submission by agreement to arbitrate,

HB 1200. By Representative Hamilton of the 124th:
A bill to amend Code Section 19-9-1 of the Official Code of Georgia Annotated, 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 custodial parent to notify the court of any changes in the residence of the child.

HB 1393. By Representative Wood of the 9th:
A bill to amend Code Section 33-22-13 of the Official Code of Georgia Annotated, 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.

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 Annotated, relating to the Teachers Retirement System of Georgia, so as to provide that certain contributions shall be made by local units of administration rather than from appropriations made to the State Board of Education.

HB 1682. By Representatives Reaves of the 147th, Moore of the 139th, Branch of the 137th, Moody of the 153rd, Royal of the 144th and others:
A bill to amend Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Boll Weevil Eradication Act of 1985," so as to authorize the certified cotton growers' organization to borrow money or incur indebtedness for certain purposes.

SB 358. By Senators Land of the 16th, Phillips of the 9th, Brannon of the 51st and others:
A bill to amend Part 2 of Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries in felony cases, so as to change the provisions relating to the number of peremptory challenges in felony cases; to change the provisions relating to selection of alternate jurors and additional peremptory challenges in felony cases.

The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate:

SR 375. By Senators Allgood of the 22nd, Gillis of the 20th and Kennedy of the 4th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law and expend or authorize the expenditure of public funds for a health insurance plan or program for persons and the spouses and dependent children of persons who are retired former employees of public schools or public school systems of this state.

The Senate recedes from amendment #2 to the following Bill of the House:

WEDNESDAY, FEBRUARY 26, 1986

1631

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 Senate has agreed to the House substitute to the following Bill of the Senate:

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 Senate has adopted the report of the Committee of Conference to the following Bill of the Senate:

SB 77. By Senator Barnes of the 33rd:
A bill to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to change the nature of relevant and competent evidence in libel actions; to provide that evidence of a plaintiffs request for retraction shall be relevant and competent if the request is made in writing at least 14 days prior to the filing of the action.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:

HB 840. By Representative Evans of the 84th:
A bill to amend Part 1 of Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances to secure debt and bills of sale, so as to provide for the method of cancellation of deeds to secure debt which apply to real property.

HB 1246. By Representatives Watson of the 114th, Kilgore of the 42nd and Hooks of the 116th:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to change the provisions relating to 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.

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 Annotated, 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

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JOURNAL OF THE HOUSE,

steps higher than the salary step for which such person is otherwise qualified.

HB 1324. By Representatives Dobbs of the 74th, Twiggs of the 4th, Post 2, 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.

HB 1538. By Representative Ware of the 77th:
A bill to amend Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, so as to extend the time of operation of the chapter.

The Senate has adopted by the requisite constitutional majority the following Resolutions 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.

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.

HR 588. By Representative Maddox of the 7th: A resolution designating the Roland Hayes Parkway.

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".

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."

The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolutions 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.

WEDNESDAY, FEBRUARY 26, 1986

1633

HR 577. By Representative Stancil of the 66th: A resolution creating a Joint Liability Insurance Study Committee.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

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 proceedings, so as to provide that, in proceedings between parents, an agreement regarding custody issues may be presented to the court.

The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate:

SR 436. By Senator Kennedy of the 4th: A resolution designating the John C. Beasley Bridge.

The Senate insists on its substitute to the following Bill of the House:

HB 1146. By Representative Johnson of the 72nd:
A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court costs, so as to provide that 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 Senate has passed by the requisite constitutional majority the following Bills of the Senate:

SB 579. By Senators Barnes of the 33rd and Starr of the 44th:
A bill to amend Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia State Financing and Investment Commission Act," so as to provide that the Georgia State Financing and Investment Commission shall be authorized to negotiate the sale of notes and bonds.

SB 341. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to required uninsured motorist coverage in motor vehicle liability insurance policies, so as to change provisions relating to motor vehicles considered to be uninsured motor vehicles; to change provisions relating to underinsured motorist coverage.

The Senate has disagreed to the House substitute to the following Bill of the Senate:

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JOURNAL OF THE HOUSE,

SB 45. By Senators Bryant of the 3rd and Allgood of the 22nd:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to authorize the Department of Public Safety to disseminate certain information from its records to certain governmental agencies or units of this state and of the United States having legitimate governmental needs therefor.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate:

SB 457. By Senator Barnes of the 33rd:
A bill to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide procedures for obtaining relief from judgments; to repeal Code Section 9-3-21, relating to the time within which proceedings to set aside judgments shall be brought; to amend Title 23 of the Official Code of Georgia Annotated, relating to equity, so as to repeal Code Section 23-2-1, relating to setting aside judgments in equity; to eliminate fraud as an equitable claim for setting aside a judgment.

SB 544. By Senators Kennedy of the 4th, Kidd of the 25th and Harris of the 27th:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to authorize the Georgia Peace Officer Standards and Training Council to develop a plan for peace officer incentive pay based upon attainment of advanced levels of certification.

SB 565. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, so as to make it unlawful for any officer of the court, law enforcement officer, or attorney in this state to engage either directly or indirectly in the bail bond business.

SB 580. By Senators Barnes of the 33rd and Starr of the 44th:
A bill to amend Code Section 8-3-176 of the Official Code of Georgia Annotated, relating to powers of the Georgia Residential finance Authority, so as to provide for the repeal of certain provisions relating to the "state ceiling" on single-family residential housing bonds imposed by and defined in subsection (g) of Code Section 8-3-176, the "Mortgage Subsidy Bond Tax Act of 1980," upon the occurrence of certain events.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate:

SR 427. By Senators Barnes of the 33rd and Starr of the 44th:
A resolution proposing an amendment to the Constitution so as to provide for reimbursement from general obligation bond proceeds for projects less than two years old; to provide for a change in the investment criteria for funds in the State of Georgia General Obligation Debt Sinking Fund and to provide the creation of a State of Georgia Construction Fund under the control of the Georgia State Financing and Investment Commission.

WEDNESDAY, FEBRUARY 26, 1986

1635

SR 438. By Senators Allgood of the 22nd and Albert of the 23rd:
A resolution creating the Workers' Compensation Coverage Study Committee.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SB 341. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to required uninsured motorist coverage in motor vehicle liability insurance policies, so as to change provisions relating to motor vehicles considered to be uninsured motor vehicles; to change provisions relating to underinsured motorist coverage.
Referred to the Committee on Motor Vehicles.

SB 358. By Senators Land of the 16th, Phillips of the 9th, Brannon of the 51st and others:
A bill to amend Part 2 of Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries in felony cases, so as to change the provisions relating to the number of peremptory challenges in felony cases; to change the provisions relating to selection of alternate jurors and additional peremptory challenges in felony cases.
Referred to the Committee on Special Judiciary.

SB 457. By Senator Barnes of the 33rd:
A bill to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide procedures for obtaining relief from judgments; to repeal Code Section 9-3-21, relating to the time within which proceedings to set aside judgments shall be brought; to amend Title 23 of the Official Code of Georgia Annotated, relating to equity, so as to repeal Code Section 23-2-1, relating to setting aside judgments in equity; to eliminate fraud as an equitable claim for setting aside a judgment.
Referred to the Committee on Judiciary.

SB 540. By Senator Deal of the 49th:
A bill to amend Part 3 of Article 2 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to the arbitration of construction contracts, so as to extend such provisions to contracts generally; to provide a short title; to provide for applicability; to provide for the submission by agreement to arbitrate.
Referred to the Committee on Judiciary.

SB 544. By Senators Kennedy of the 4th, Kidd of the 25th and Harris of the 27th:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to authorize the Georgia Peace Officer Standards and Training Council to develop a plan for peace officer incentive pay based upon attainment of advanced levels of certification.
Referred to the Committee on Public Safety.

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JOURNAL OF THE HOUSE,

SB 553. By Senator Stumbaugh of the 55th:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rule making, rates, and related organizations, so as to authorize agreements among insurers with respect to the equitable apportionment of certain property and casualty insurance risks; to require that such agreements apportioning property and casualty insurance risks be approved by the Commissioner of Insurance.
Referred to the Committee on Insurance.

SB 565. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, so as to make it unlawful for any officer of the court, law enforcement officer, or attorney in this state to engage either directly or indirectly in the bail bond business.
Referred to the Committee on Judiciary.

SB 579. By Senators Barnes of the 33rd and Starr of the 44th:
A bill to amend Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia State Financing and Investment Commission Act," so as to provide that the Georgia State Financing and Investment Commission shall be authorized to negotiate the sale of notes and bonds.
Referred to the Committee on Appropriations.

SB 580. By Senators Barnes of the 33rd and Starr of the 44th:
A bill to amend Code Section 8-3-176 of the Official Code of Georgia Annotated, relating to powers of the Georgia Residential Finance Authority, so as to provide for the repeal of certain provisions relating to the "state ceiling" on single-family residential housing bonds imposed by and defined in subsection (g) of Code Section 8-3-176, the "Mortgage Subsidy Bond Tax Act of 1980," upon the occurrence of certain events.
Referred to the Committee on Appropriations.

SB 583. By Senator Bond of the 39th:
A bill to amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances binding succeeding councils, so as to permit municipal governing authorities in cities having populations of not less than 400,000 according to the United States decennial census of 1980 or any future such census to enter into binding contracts regarding downtown development areas and urban redevelopment areas.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 375. By Senators Allgood of the 22nd, Gillis of the 20th and Kennedy of the 4th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law and expend or authorize the

WEDNESDAY, FEBRUARY 26, 1986

1637

expenditure of public funds for a health insurance plan or program for persons and the spouses and dependent children of persons who are retired former employees of public schools or public school systems of this state.
Referred to the Committee on Appropriations.

SR 427. By Senators Barnes of the 33rd and Starr of the 44th:
A resolution proposing an amendment to the Constitution so as to provide for reimbursement from general obligation bond proceeds for projects less than two years old; to provide for a change in the investment criteria for funds in the State of Georgia General Obligation Debt Sinking Fund and to provide the creation of a State of Georgia Construction Fund under the control of the Georgia State Financing and Investment Commission.
Referred to the Committee on Appropriations.

SR 436. By Senator Kennedy of the 4th: A resolution designating the John C. Beasley Bridge.
Referred to the Committee on Transportation.

SR 438. By Senators Allgood of the 22nd and Albert of the 23rd:
A resolution creating the Workers' Compensation Coverage Study Committee.
Referred to the Committee on Rules.

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

HR 842. By Representative Groover of the 99th: A resolution amending the Rules of the House of Representatives.

Representative Hasty of the 8th arose to a point of personal privilege and addressed the House:

Representative Benn of the 38th arose to a point of personal privilege and addressed the House:

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1984. By Representative Reaves of the 147th:
A bill to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Food Act," so as to provide that the Commissioner of Agriculture is authorized to promulgate and adopt rules and regulations for the labeling of beef; to provide for certification that beef has been produced without feeding, injecting, or implanting antibiotics or growth hormones in the animal.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1638

JOURNAL OF THE HOUSE,

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
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 Birdaong Bishop
Y Bolster Y Bostick Y Branch YBray Y Brooks
Brown.G YBuck YBurruss YByrd Y Carter
Chambless Y Chance
Y Cheeks Y Childers

Childs Clark.B Y Clark,L Y Colbert Coleman Y Colwell Y Connell Y Cooper YCopelan Y Couch YCoi Y Crawford Y Crosby Y Cummings Daugherty YDavis Dean
Y Diion Dobbs
Y Dover Dunn
Y Edwards Felton
Y Floyd Y Foster
Galer Y Godbee
Good win YGreene YGreer Y Groover Y Hamilton
Y Manner Y Harris Y Hasty YHays

Y Heard YHill Y Holcomb
Y Holmes Y Hooks
Home Y Hudson Ylsakson Y Jackson.J Y Jackson.N Y Jamieson Y Johnson,D
Johnson,F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston
YLane,D YLane,R Y Lawler
Y Lawrence Lawson Lee.C
YLee.W Y Linder YLogan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin,C Y Martin.J Y Matthews
Y McDonald

Y McKelvey Y McKinney YMilam
Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett
Pannell YParham Y Parrish
Patten Y Peters
Pettit Y Phillips
Pinkston Porter Y Rainey Y Ramsey.T 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
Smith.P Y Smith.T
YSmyre YSnow Y Stancil Y Steinberg
Thomas.C Thomas,M Y Thompson Y Townsend Y Triplett YTwiggs Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall
Ware Y Watson
Watts Y White
Wilder Y Williams,B Y WiUiams,J Y WUliams.R Y Wilson YWood Y Workman Y Yeargin Y Young
Murphy.Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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 568. By Representatives Walker of the 85th, Ransom of the 90th, Brown of the 88th and Redding of the 50th:
A bill to amend Code Section 20-8-5 of the Official Code of Georgia Annotated, relating to law enforcement powers of school security personnel in certain counties, so as to remove certain population limitations and provide for applicability to school security personnel of county boards of education and independent boards 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 roll call was ordered and the vote was as follows:

Aaron
Adams,G Y Adams.M Y Aiken
Alford
Y Alien Y Anderson Y Argo

Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B

Y Barnett,M YBeck Y Benefield
Benn Birdsong
Bishop Bolster Y Bostick

Y Branch
Bray Y Brooks
Brown.G YBuck Y Burruss
Byrd Y Carter

Y Chambless Y Chance Y Cheeks Y Childers
Childs Y Clark,B
Y Clark,L Y Colbert

WEDNESDAY, FEBRUARY 26, 1986

1639

Coleman Y Colwell YConnell Y Cooper
YCopelan Y Couch Y Cox Y Crawford Y Crosby Y Cummings
Daugherty Y Davis Y Dean YDixon
Dobbs Y Dover
Dunn Y Edwards
Felton Y Floyd Y Foster YGaler YGodbee
Goodwin Y Greene
Greer Y Groover Y Hamilton

Y Manner Y Harris
Hasty Hays
Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,J YJackson.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
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 Y Pannell Y Parham Y Parrish
Patten

Y Peters Y Pettit Y Phillips
Pinkston
Y Porter Y Rainey Y Ramsey.T
Ramsey.V Y Randall Y Ransom Y Ray Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,P Y Ross Y Royal
Russell Y Selman Y Shepard N Sherrod Y Sinkfield Y Sizemore Y Smith,L
Smith,P Y Smith.T Y Smyre

Snow Y Stancil
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
Ware Y Watson
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 146, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 1658. By Representative Walker of the 85th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to exempt from the return and payment of ad valorem taxes certain tangible personal property if the value of that property does not exceed $1,000.00.

The following Committee substitute was read and adopted:

A BILL
To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to exempt from the return and payment of ad valorem taxes certain tangible personal property accounts if the value of that account does not exceed $1,000.00; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, is amended by adding following Code Section 48-5-42 a new Code Section 48-5-42.1 to read as follows:
"48-5-42.1 (a) It is the intent of this Code section to exempt from the payment of ad valorem taxation certain tangible personal property accounts on which the tax due exceeds the reasonable cost of administering and collecting the tax.
(b) All tangible personal property accounts, except motor vehicles, trailers, and mobile homes, shall be exempt from all ad valorem taxation if the actual fair market value of that account as determined by the board of tax assessors does not exceed $1,000.00."
Section 2. The Secretary of State shall call and conduct a referendum for the approval or disapproval of this Act on the date of and in conjunction with the November, 1986, general election. The Secretary of State shall cause the date and purpose of the

1640

JOURNAL OF THE HOUSE,

referendum to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written or printed thereon the following:
"( ) YES Shall the Act granting an exemption from the payment of ad valorem taxes on certain tangible personal property accounts if the value of that
( ) NO account does not exceed $1,000.00 be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become effective on January 1, 1987, and shall apply to all tax years beginning on or after that date; otherwise, Section 1 of this Act shall be void.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Adams,G
Y Adaim.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 Y Beck
Y Benefield Benn
Birdsong Bishop Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G YBuck Y Burruss
YByrd Y Carter
Chambless Chance Y Cheeks Y Childers

Childs
Clatk.B Y Clark.L
Colbert Coleman
Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings
Daugherty Y Davis
Dean Y Dixon
Dobbs Y Dover Y Dunn Y Edwards
Felton Y Floyd
Y Foster Y Galer Y Godbee
Goodwin Y Greene
Greer Y Groover
Y Hamilton Y Hanner Y Harris Y Hasty
Hays

Y Heard YHill Y Holcomb
Y Holmes Y Hooks
Home Hudson Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson.D Y Johnson,?' 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 Y Lupton Y Maddox Y Mangum
Martin.C Y Martin,J Y Matthews
Y McDonald

Y McKelvey McKinney
Y Milam
Y Milford Y Moody
Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell
Y Parham Y Parrish
Patten Peters Pettit
Y Phillips Pinkston
Y Porter Y Rainey Y Ramsey.T
Ramsey.V Y Randall
Ransom
YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P
YRoss Y Royal
Russell Y Selman

Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith,T
Y Smyre Snow
Y Stancil Steinberg
Y Thomas.C 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 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, by substitute, the ayes were 141, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Under the general order of business, established by the Committee on Rules, the following Resolution of the House was again taken up for consideration:

WEDNESDAY, FEBRUARY 26, 1986

1641

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 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; 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 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 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 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?"

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 substitute, offered by Representatives Lucas of the 102nd, Murphy of the 18th and Galer of the 97th, was read:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly may provide by law for a program of indemnification with respect to the death or permanent disability of any law enforcement officer, fireman, or prison guard who was killed or permanently disabled in the line of duty at any time in the past; 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 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 may provide by law for a program of indemnification with respect to the death or permanent disability of any law enforcement officer, fireman, or prison guard who was killed or permanently disabled in the line of duty at any

1642

JOURNAL OF THE HOUSE,

time in the past. 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 an amount not greater than that now or hereafter provided for indemnification with respect to the death or permanent disability of other 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 may provide by law for a program of indemnification with respect to the death or permanent disability of any law enforcement officer, fireman, or prison guard who was killed or permanently disabled in the line of duty at any time in the past?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

On the adoption of the Floor 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 Anderaon 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
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 N Crosby Y Cummings
Daugherty N Davis
Dean Y Dixon Y Dobbs
Dover
Y Dunn Y Edwards
Felton Y Floyd
Foster Y Galer 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
Home Y Hudson Y Isakson Y Jackson,*} Y Jackson.N Y Jamieson
Johnson.D Y Johnson,F
Johnson.R Y Johnson,S Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Lawler Y Lawrence Y Lawson
Y Lee.C Y Lee,W Y Under Y Logan
YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y MartinJ
Y Matthews Y McDonald

Y McKelvey Y McKinney Y Milam Y Milford
Y Moody Y Moore N Morton Y Mostiler Y Moultrie
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 Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P YRoss Y Royal
Russell
Y Selman

On the adoption of the Floor substitute, the ayes were 147, nays 5.

The Floor substitute was adopted.

Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith,? Y Smith.T
Smyre YSnow Y Stancil Y Steinberg
Thomas.C Thomas.M Y Thompson N Townsend
Y Triplett 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 Y Workman Y Yeargin
Y Young Murphy,Spkr

WEDNESDAY, FEBRUARY 26, 1986

1643

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 Adams.G
Y Adams.M Y Aiken
Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins YAuten Y Bailey Y Balkcom Y Bannister
Y Bargeron Y Barnett.B Y Barnett.M YBeck
Benefield Benn 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 Cofeman Y Colwell Y Connell Y Cooper Y Copelan Y Couch
YCox Y Crawford N Crosby Y Cummings
Daugherty N Davis
Dean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards
Felton Y Ployd
Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer N Groover
Y Hamilton Y Banner Y Harris Y Hasty Y Hays

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 Y Linder Y Logan
Long YLord Y Lucas Y Lupton
Maddox Y Mangum Y Martin.C Y Martin.J Y Matthews Y McDonald

Y McKelvey Y McKinney
Y Milam Y Milford Y Moody Y Moore N Morton Y Mostiler Y Moultrie
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 Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P YRoss Y Royal
Russell Y Selman

Shepard Y Sherrod Y Sinkfield
Sizemore Y Smith.L
Smith,? Smith.T Y Smyre YSnow Y Stancil
Y Steinberg Thomas.C 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 Watte 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 adoption of the Resolution, by substitute, the ayes were 149, nays 5.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute.

Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the House were taken up for consideration and read the third time:

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; 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 II of the Constitution is amended by adding at the end thereof a new Paragraph VI to read as follows:

1644

JOURNAL OF THE HOUSE,

"Paragraph VI. Development districts. The General Assembly may by general law provide a procedure for the creation of development districts in areas which, because of a need for commercial development or because of an unrealized potential for commercial development, ad valorem tax incentives are likely to lead to commercial development so as to promote the vitality and well-being of the political subdivisions for which such development districts are created. Any such general law shall provide that a development district may be created only upon the recommendation of an agency of the executive branch of government and only with the consent of the political subdivision for which the development district is to be created. Any such general law shall provide that each development district shall be created by local law and shall authorize such local laws to grant exemptions from ad valorem taxes levied by the political subdivisions for which development districts are created. Any such general law may provide that such local laws shall not be subject to the requirements of Paragraph III of Section I of this article and of Paragraph II of this section. No person shall acquire any vested right to a tax exemption granted pursuant to this Paragraph."

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 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?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""NYeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M
Aiken
Alford Y Alien N Anderson YArgo N Athon N Atkins Y Auten N Bailey N Balkcom N Bannister N Bargeron Y Barnett,B N Barnett.M
Beck N Benefield
Benn Y Birdsong Y Bishop
Y Bolster Y Bostick Y Branch YBray Y Brooks

N Brown.G YBuck
Burruss NByrd Y Carter Y Chambless
Chance N Cheeks N Childers Y Childs Y Clark.B N Clark.L N Colbert
Coleman N Colwell
Connell N Cooper N Copelan
Couch YCox Y Crawford
Y Crosby N Cummings
Daugherty N Davis
Dean Y Dixon

Y Dobbs Y Dover
NDunn Y Edwards
Felton N Floyd N Foster Y Galer NGodbee Y Goodwin N Greene Y Greer Y Groover Y Hamilton Y Hanner Y Harris
Hasty NHays Y Heard YHill N Holcomb Y Holmes
Y Hooks Home
Y Hudson
Y Isakson Y Jackson,J

Jackson.N
N Jamieson Y Johnson,D Y Johnson.F N Johnson,R N Johnson,S Y Kilgore Y Kingston N Lane.D N Lane,R N Lawler Y Lawrence Y Lawson Y Lee.C NLee.W
Y Under Y Logan
YLong YLord
Lucas Y Lupton Y Maddox N Mangum Y Martin.C Y Martin,J N Matthews
McDonald

N McKelvey
McKinney Y Milam
Milford N Moody N Moore Y Morton Y Mostiler N Moultrie N Mueller Y Oliver.C
Padgett Y Pannell
Parham N Parrish
Patten N Peters
Pettit
Y Phillips Y Pinkston Y Porter N Rainey Y Ramsey.T
Ramsey.V Y Randall N Ransom NRay

WEDNESDAY, FEBRUARY 26, 1986

1645

Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,? NRoss N Royal
Russell N Selman

Shepard N Sherrod Y Sinkfield Y Sizemore N Smith,L N Smith.P Y Smith.T
Smyre N Snow

Y Stancil Y Steinberg Y Thomas.C
Thomas.M Y Thompson Y Townsend Y Triplett
Twiggs Y Waddle

Y Waldrep Walker.C Walker.L
Y Wall Ware Watson
Y Watts Y White N Wilder

Y Williams.B Y Williams,J Y Williams.R Y Wilson Y Wood Y Workman N Yeargin Y Young
Murphy.Spkr

On the adoption of the Resolution, the ayes were 89, nays 55.
The Resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.

Representative Bolster of the 30th moved that the House reconsider its action in failing to give the requisite two-thirds constitutional majority to HR 718.

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

Y Aaron
Adams.G Adams.M Y Aiken
Alford Alien N Anderson
YArgo N Athon Y Atkins YAuten
N Bailey N Balkcom N Bannister
N Bargeron Y Barnett.B N Barnett,M
Beck N Benefield
Benn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks N Brown.G YBuck
Burruss NByrd
Y Carter Y Chambless
N Chance N Cheeks Y Childers

Y Childs Y Clark,B N Clark.L N Colbert Y Coleman
Colwell Y Connell Y Cooper N Copelan
Couch NCox Y Crawford Y Crosby Y Cummings
Daugherty Y Davis
Dean Y Dixon NDobbs Y Dover N Dunn Y Edwards Y Felton N Floyd
Foster Y Galer
N Godbee Y Goodwin N Greene
Greer N Groover
Y Hamilton Manner
N Harris N Hasty
NHays

Y Heard YHill N Holcomb Y Holmes Y Hooks
Home Y Hudson Y Isakson Y Jackson.J
N Jackson.N N Jamieson
Johnson.D Y Johnson.F N Johnson.R
N Johnson,S Y Kilgore Y Kingston N Lane.D N Lane,R N Lawler Y Lawrence Y Lawson
YLee.C N Lee.W Y Under N Logan
NLong Lord
Y Lucas Y Lupton Y Maddox N Mangum
N Martin.C Y Martin,J N Matthews N McDonald

On the motion, the ayes were 81, nays 60.

The motion prevailed.

N McKelvey
McKinney Y Milam
Milford N Moody
Moore Y Morton N Mostiler N Moultrie N Mueller N Oliver.C
Y Padgett Y Pannell
Parham
N Parrish Patten
N Peters Pettit
Y Phillips Pinkston
Y Porter N Rainey Y Ramsey.T
Ramsey.V Randall N Ransom YRay
Reaves Y Redding Y Richardson Y Robinson.C
Robinson,P
NRoss N Royal Y Russell N Selman

Shepard
N Sherrod Y Sinkfield
Sizemore N Smith.L N Smith,P Y Smith.T
Smyre Snow Y Stancil
Y Steinberg Y Thomas.C
Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Walker,L Y Wall
Ware N Watson
N Watts White
N Wilder
Y Williams.B Y Williams,J Y Williams.R Y Wilson Y Wood Y Workman N Yeargin
Young Murphy,Spkr

HB 310. By Representatives Smith of the 152nd, Aiken of the 21st, Goodwin of the 63rd, Mueller of the 126th, Holcomb of the 72nd and others:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to enact comprehensive provisions requiring notice to parents before abortions are performed on certain minors and incompetents; to provide notice requirements; to provide for certain judicial proceedings regarding objection to such notice.

1646

JOURNAL OF THE HOUSE,

Representative Lee of the 72nd moved that debate be limited to five minutes per speaker on HB 310.

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

Y Aaron
Adams.G
Y Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom N Bannister Y Bargeron
Barnett.B N Barnett.M YBeck Y Benefield NBenn
Birdsong Y Bishop N Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G Y Buck Y Burruss
YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers

N Childs Y Clark.B Y Clark.L Y Colbert
Coleman Y Colwell
Connell N Cooper
Copelan N Couch YCox Y Crawford Y Crosby
Cummings Daugherty Y Davis N Dean Y Dixon
Y Dobbs Y Dover
Dunn Y Edwards Y Pelton Y Floyd N 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 N Holmes Y Hooks N 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 Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Under
YLogan YLong YLord
Lucas Y Lupton Y Maddox Y Mangum Y Martin.C N Martin,J
Y Matthews Y McDonald

On the motion, the ayes were 132, nays 19. The motion prevailed.

Y McKelvey N McKinney Y Milam
Milford
Y Moody Y Moore
Y Morton Y Mostiler Y Moultrie N Mueller Y Oliver.C
Y Padgett N Pannell NParham
Y Parrish Patten
Y Peters Y Pettit Y Phillips Y Pinkston Y Porter
Rainey Y Ramsey.T
Y Ramsey.V Y Randall Y Ransom
YRay Y Reaves N Redding Y Richardson Y Robinson.C Y Robinson.P YRoss Y Royal
Russell Selman

Shepard Y Sherrod
Sinkfleld Y Sizemore Y Smith.L Y Smith.P Y Smith.T
Smyre YSnow
Stancil Steinberg Thomas,C N Thomas,M Y Thompson Y Townsend Y Triplett YTwfggs Y Waddle Y Waldrep Y Walker.C Y Walker.L N Wail Ware
Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J
Williams,R
Y Wilson YWood
Workman
Y Yeargin Young Murphy.Spkr

The following Committee substitute was read:

A BILL
To amend Code Section 15-11-5 of the Official Code of Georgia Annotated, relating to jurisdiction of the juvenile court, so as to grant juvenile courts jurisdiction over proceedings concerning notice to a parent or guardian when certain medical or surgical procedures are performed on an unemancipated minor; to amend Title 39 of the Official Code of Georgia Annotated, relating to minors, so as to provide notice to a parent or guardian when certain medical or surgical procedures are performed on an unemancipated minor; to provide requirements of such notice; to provide for certain judicial proceedings regarding objections to such notice; to provide for definitions; to provide for applicability; to provide for exceptions; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-11-5 of the Official Code of Georgia Annotated, relating to jurisdiction of the juvenile court, is amended by striking "or" immediately following subparagraph (a)(2)(B), by striking the period and inserting in its place "; or" immediately

WEDNESDAY, FEBRUARY 26, 1986

1647

following subparagraph (a)(2)(C), and by adding at the end of paragraph (2) of subsection (a) a new subparagraph, to be designated subparagraph (a)(2)(D), to read as follows:
"(D) Under Chapter 5 of Title 39, relating to notice to a parent or guardian when certain medical or surgical procedures are performed on an unemancipated minor."
Section 2. Title 39 of the Official Code of Georgia Annotated, relating to minors, is amended by adding immediately following Chapter 4 a new chapter, to be designated Chapter 5, to read as follows:
"CHAPTER 5
39-5-1. As used in this chapter, the term: (1) 'Actual notice' means the giving of direct notice in person or by telephone. (2) 'Constructive notice" means the giving of notice by registered or certified mail
to the last known address of a parent, if any, or the legal guardian. (3) 'Treatment' means any elective medical or surgical procedure for the termina-
tion of a pregnancy. (4) 'Unemancipated minor" means any person under the age of 18 who is not or
has not been married or has not by court order or otherwise been freed from the care, custody, and control of such person's parents. 39-5-2. (a) No physician or other person shall give treatment to an unemancipated minor unless such person or the agent of such person has given:
(1) Actual notice to a parent or to the legal guardian of such minor of the request by the unemancipated minor for treatment; or
(2) Constructive notice to a parent or to the legal guardian of such minor if a parent or guardian cannot be reached by actual notice after a reasonable effort to find them. (b) When a parent or legal guardian accompanies a minor to the office of the person from whom treatment is sought, the notice requirement of subsection (a) of this Code section shall not apply. (c) If the parents of such minor are divorced, actual notice shall first be directed to the parent with custody and, if such is not successful, then actual notice shall be directed to the noncustodial parent. If actual notice cannot be accomplished, then constructive notice shall be given to the custodial parent. (d) (1) The requisite information about parents or guardians from which a person or his agent must give actual or constructive notice under this Code section shall be supplied by the unemancipated minor.
(2) There shall be no liability, either civil or criminal, on the part of a person giving treatment or his agent arising from a failure to give notice under this Code section when such failure is due to defective or false information supplied by the unemancipated minor.
(3) If the forms of notice provided in subsection (a) of this Code section are attempted but prove to be unsuccessful in giving notice which is actually received by a parent or guardian, the person giving treatment or his agent shall be relieved of any duty to give further notice. (e) An unemancipated minor who objects to such notice being given to a parent or legal guardian may petition, on such minor's own behalf or by next friend, the juvenile court in the county in which the minor resides or in which the treatment is to be rendered for a waiver of such notice requirement pursuant to the procedures provided for in Code Section 39-5-3. (f) In cases where treatment is elected because the actions of one parent have caused the need for such treatment, actual or constructive notice only to the other parent of such minor shall be sufficient. 39-5-3. (a) An unemancipated minor may participate in proceedings in the court on such minor's own behalf and the court shall advise such minor of the right to court appointed counsel and shall provide such minor with such counsel upon request or if such minor is not already adequately represented. (b) All court proceedings under this Code section shall be conducted in a manner to preserve the anonymity of the parties and shall be given such precedence over other

1648

JOURNAL OF THE HOUSE,

pending matters as is necessary to ensure that a decision is reached by the court as expeditiously as is possible under the circumstances of the case.
(c) Notice shall be waived if the court finds either: (1) That the unemancipated minor is mature and well-informed enough to make
personally the decision to elect treatment; or (2) That notice given pursuant to Code Section 39-5-2 would not be in the best
interests of such minor. (d) A court that conducts proceedings under this Code section shall issue written and specific factual findings and legal conclusions supporting its decision and shall order that a record of the evidence be maintained. Such record shall preserve the anonymity of the parties. (e) An expedited appeal preserving the anonymity of the parties shall be available to any unemancipated minor to whom the court denies a waiver of notice. The appellate courts are authorized and directed to issue promptly such rules as are necessary to preserve anonymity and to ensure the expeditious disposition of procedures provided by this Code section. (f) No filing fees shall be required of any unemancipated minor who uses the procedures provided by this Code section. 39-5-4. The requirements and procedures of this chapter shall apply to all unemancipated minors within this state whether or not such persons are residents of this state. 39-5-5. This chapter shall not apply when, in the best clinical judgment of the person from whom treatment is sought on the facts of the case before him, a medical emergency exists that so complicates the condition of the minor as to require immediate treatment. A person who does not comply with this chapter by reason of the exception provided for in this Code section shall certify in writing the medical indications on which his judgment was based when filing such reports as are required by law. 39-5-6. Any person who gives treatment with knowledge that, or who disregards whether, the person upon whom the treatment is performed is an unemancipated minor and who intentionally or knowingly fails to conform to any requirement of this chapter shall be guilty of a misdemeanor."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Chambless of the 133rd et al, was read:

A BILL
To amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortions, so as to require counseling regarding pregnancy termination alternatives to minors seeking abortions; to encourage consultation with parents; to provide for filing of statements of compliance; to provide for exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortions, is amended by inserting immediately following Code Section 16-12-141.1 a new Code section, to be designated Code Section 16-12-141.2, to read as follows:
"16-12-141.2. (a) No person shall perform an abortion upon a minor until such minor has received:
(1) Counseling regarding pregnancy termination alternatives, such as adoption, foster homes, single parent homes, and other alternatives; and
(2) Encouragement to reveal to the parents of the minor the intention to seek an abortion and encouragement to engage in parental consultation regarding such deci-

WEDNESDAY, FEBRUARY 26, 1986

1649

(b) Each person performing an abortion upon a minor shall file with the report of abortion required by Code Section 31-10-19 a statement certifying compliance with subsection (a) of this Code section.
(c) Compliance with subsection (a) of this Code section shall not be required if: (1) The minor is accompanied by a parent; (2) A medical emergency exists; or (3) The minor is emancipated."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Williams of the 6th moves to amend the Floor substitute to HB 310 by adding a new sub-paragraph "(c)" to Code Section 16-12-141.2 to read as follows:
"(c) Each person performing an abortion upon a minor shall notify the parents or guardian that the abortion has been performed.",
and redesignating the existing sub-paragraph "(c)" to sub-paragraph "(d)".

On the adoption of the amendment, the ayes were 95, nays 47. The amendment was adopted.

The following amendment was read and adopted:

Representative Aiken of the 21st moves to amend the Floor substitute to HB 310 by inserting on line 16, before the word "Counseling", the word "Professional" and inserting after the word "Counseling", the words "conducted by a person recognized by the State of Georgia as a professional counselor,."

On the adoption of the Committee substitute, the ayes were 120, nays 39. The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 125, nays 31.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Wall of the 61st, Smith of the 152nd and Dover of the llth wished to be recorded as voting "aye" on the passage of HB 310, by substitute.

The Speaker announced the House in recess until 2:30 o'clock, this afternoon.

1650

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 843. By Representatives White of the 132nd, Young of the 134th, Chambless of the 133rd and Balkcom of the 140th: A resolution commending Ms. Geraldine West Hudley.
HR 844. By Representatives White of the 132nd, Holmes of the 28th, Young of the 134th, Benn of the 38th, McKinney of the 35th and others: A resolution commending Dr. Guy Calvin Craft.
HR 845. By Representatives McKinney of the 35th, Aiken of the 21st, Johnson of the 21st, Moore of the 139th, Wilder of the 21st and others: A resolution recognizing and commending Honorable Joe Mack Wilson.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HR 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.
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 100, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
Representatives Bolster of the 30th and Steinberg of the 46th stated that they had been called from the floor of the House during the preceding vote. They wished to vote "nay" thereon.
HB 1952. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th, Phillips of the 120th and Lee of the 72nd: A bill to amend Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, so as to create the Agency for Removal of Hazardous Materials to provide for the abatement and removal of asbestos and other hazardous materials from public premises.
The following amendment was read and adopted:
Representative Walker of the 115th moves to amend HB 1952 by deleting the word "public" on line 3, page 2, and by deleting the "comma" after the word "premises" on line 3, page 2, and by deleting the words "including premises" on line 4, page 2.

WEDNESDAY, FEBRUARY 26, 1986

1651

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 108, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1953. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th, Phillips of the 120th and Lee of the 72nd:
A bill to amend Code Section 45-9-4 of the Official Code of Georgia Annotated, relating to state liability insurance and self-insurance, so as to provide for insuring and self-insuring liability of officers of the state for separate insurance and self-insurance in connection with abatement and removal of asbestos and other hazardous materials from state facilities.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 95, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1986. By Representatives Logan of the 67th and Argo of the 68th:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications in general, so as to provide a privilege for information concerning veterinary care; to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that records of veterinary care shall not be open to public inspection.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

The Speaker Pro Tern assumed the Chair.

HB 1549. By Representative Richardson of the 52nd:
A bill to amend Code Section 31-7-261 of the Official Code of Georgia Annotated, regarding immunity from liability for criminal records checks of personal care home personnel, so as to extend that immunity to county boards of health; to change a term.

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 YAiken
YAlford

Y Alien Y Anderson
Argo Y Athon
Y Atkins

Auten Y Bailey Y Balkcom Y Bannister
Y Bargeron

Y Barnett.B Y Barnett,M Y Beck Y Benefield
Y Benn

Y Birdsong Bishop
Y Bolster Y Bostick
Y Branch

1652

JOURNAL OF THE HOUSE,

Y Bray
Brooks Y Brown.G Y Buck Y Burruss Y Byrd
Y Carter Chambless
Y Chance Y Cheeks
Y Childers Childs Clark.B
Y Clark.L Y Colbert Y Coleman
YColwell Connell
Y Cooper Y Copelan Y Couch Y Cox Y Crawford Y Crosby Y Cummings
Daugherty Davis Dean 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
Groover Y Hamilton
Hanner
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 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 Under
Y Logan Long Lord
Y Lucas Y Lupton
Maddox
Y Mangum Y Martin.C Y Martin,J
Matthews McDonald Y McKelvey Y McKinney Y Milan) Y Milford Y Moody Y Moore 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 Randall
Y Ransom
Ray 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.P
Y Smith.T Smyre
Y Snow 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 Ware Watson
Y Watts White
Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin
Young Murphy,Spkr

On the passage of the Bill, the ayes were 140, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2001. By Representatives Lucas of the 102nd, Lee of the 72nd and Smyre of the 92nd:
A bill 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 that all income earned by persons aged 18 or under under the Jobs Training Program Act shall not be deducted from any payments made under this article.

The following amendment was read and adopted:

Representatives Lucas of the 102nd, Smyre of the 92nd and Lee of the 72nd move to amend HB 2001 by striking from lines 3 through 6 of page 1 the following:
"all income earned by persons aged 18 or under under the Job Training Program Act shall not be deducted from any payments made under this article;",
and inserting in its place the following:
"any income earned by a person aged 18 or under in a job acquired pursuant to a Title 2B Summer Youth Employment Training Program or a Title 2A Adult and Youth Program under the Job Training Partnership Act shall not be deducted from certain payments made under this article; to provide that such income shall be disregarded for a period not exceeding six months per year and shall be limited to an amount not to exceed $2,000.00;".
By striking from lines 17 through 20 of page 1 the following:
"pursuant to the Job Training Program Act shall not be deducted from any assistance payments which may be made to or on behalf of such dependent child pursuant to this article.'",

WEDNESDAY, FEBRUARY 26, 1986

1653

and inserting in its place the following:
"pursuant to a Title 2B Summer Youth Employment Training Program or a Title 2A Adult and Youth Program under the Job Training Partnership Act shall not be deducted from any assistance payments which may be made to or on behalf of such dependent child pursuant to this article. Such income shall be disregarded for a period not exceeding six months per year and shall be limited to an amount not to exceed $2,000.00."'

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 Alford
Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B
Y Barnett.M YBeck
Y Benefield Benn
Y Birdsong Bishop
Y Bolster Y Bostick Y Branch
Bray Brooks Y Brown.G YBuck Y Burruss Byrd Y Carter Chambless Y Chance Y Cheeks Y Childers

Childs Y Clark.B Y Clark.L
Colbert Y Coleman Y Colwell
Connell Cooper Copelan Y Couch
Cox
Y Crawford Y Crosby Y Cummings
Daugherty Davis Dean Y Dixon Y Dobbs Y Dover
Y Dunn Y Edwards Y Felton Y Floyd Y Foster
Galer Godbee Y Goodwin 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 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 Under
Y Logan Long
YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J
Matthews Y McDonald

Y McKelvey McKinney
Y Milam
Y Milford Y Moody Y Moore
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 Y Ramsey.T Y Ramsey.V Y 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 YSmyre YSnow 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
Ware Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Williams.R Y Wilson Y Wood Workman
Y Yeargin Young Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 140, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1931. By Representative Porter of the 119th:
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 the removal from a landlord's property of a tenant's manufactured home, mobile home, trailer, or other transportable housing after the issuance of a writ of possession; to provide for fees and storage costs.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1654

JOURNAL OF THE HOUSE,

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron
Adams.G Y Adams.M Y Aiken
Alford Y Alien Y Anderson Y Argo
Athon Y Atkins Y Auten Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong
Bishop Y Bolster Y Bostick Y 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 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 YDobbs Y Dover
Dunn
Y 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 NHill 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 Kilgore Y Kingston Lane.D YLane,R Y Lawler Y Lawrence Y Lawson Y Lee.C
YLee.W Y Linder YLogan
Long YLord
Y Lucas Y Lupton Y Maddox Y Mangum
Martin.C Y Martin,J
Matthews Y McDonald

Y McKelvey McKinney
Y Milam Y 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
Pinkston Y Porter
Y Rainey Y Ramsey.T Y Ramsey.V YRandaU Y Ransom
YRay Reaves
Y Redding Y Richardson
Robinson.C Y Robinson.P
Ross Y Royal
Y Russell Y Selman

Y Shepard Y Sherrod
Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T
YSmyre YSnow Y Stancil
Y Steinberg Y Thomas,C
Thomas.M
Thompson Y Townsend Y Triplett Y Twiggs
Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Y Williams,R Y Wilson Y Wood Workman Y Yeargin Young
Murphy ,Spkr

On the passage of the Bill, the ayes were 141, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 264. By Representative Barnett of the 59th:
A bill to amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to permit the sale of certain types of fireworks; to provide for definitions; to provide for the licensing of manufacturers, distributors, and retailers of fireworks; to provide for the regulation of the manufacture and sale of fireworks by the state fire marshal.

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to permit the sale of certain types of fireworks; to provide for definitions; to provide for legislative intent; to provide for the licensing of manufacturers, distributors, and retailers of fireworks; to provide for the regulation of the manufacture and sale of fireworks by the state fire marshal; to provide for fees; to provide for the display of licenses; to provide for rules and regulations; to provide for local licenses; to provide for records; to provide certain restrictions on the sale of fireworks; to provide that a county or municipal governing authority may prohibit the sale of fireworks by ordinance or resolution; to provide for enforcement; to provide for public displays of fireworks; to prohibit the sale of certain types of fireworks; to provide for exceptions and exemptions

WEDNESDAY, FEBRUARY 26, 1986

1655

from application of the chapter; to provide for storage and display requirements for fireworks; to provide for penalties; 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 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, is amended by striking said chapter in its entirety and inserting in lieu thereof a new Chapter 10 to read as follows:
"CHAPTER 10
25-10-1. As used in this chapter, the term: (1) 'Class C common fireworks' means all articles of fireworks as are now or here-
after classified as 'Class C common fireworks' in the regulations of the United States Department of Transportation for transportation of explosives and other dangerous articles.
(2) 'Class C distributor' means any person engaged in the business of making sales of 'Class C common fireworks' to any other person engaged in the business of reselling 'Class C common fireworks.' Any sale of 'Class C common fireworks' to a retailer may only be made by a manufacturer or 'Class C common fireworks' distributor possessing the required applicable license issued by the state fire marshal.
(3) 'Manufacturer* means any person engaged in the making, manufacture, or construction of fireworks of any kind within this state.
(4) 'Person' means any individual, firm, partnership, or corporation. (5) 'Retailer' means any person engaged in the business of making retail sales of 'Class C common fireworks' at any time during the year. (6) 'Sale' means an exchange of articles of 'Class C common fireworks' for money and shall also include barter, exchange, or gift, or offer thereof, and each such transaction made by any person, whether as principal, proprietor, salesman, agent, association, copartnership, or one or more individuals. (7) 'Special fireworks' means all articles of fireworks that are classified as 'Class B explosives' in the regulations of the United States Department of Transportation and shall include all articles other than those classified as 'Class C common fireworks.' 25-10-2. It is the intent of the General Assembly that all 'Class C common fireworks' sold and delivered to consumers within this state be sold and delivered only by retailers licensed by the state fire marshal and the appropriate local governing authority and that all fireworks coming into the state and sold within the state be under the supervision of the state fire marshal as provided in this chapter. 25-10-3. (a) It shall be unlawful for any person to manufacture, sell, offer for sale, ship, or cause to be shipped or received into or within this state, except as provided in this chapter, any item of fireworks without having first obtained the required applicable license or licenses as a manufacturer, distributor, or retailer. This provision applies to residents and nonresidents of this state. Mail orders whereby consumers purchase any 'Class C common fireworks' through the mail or receive any 'Class C common fireworks' by mail, parcel service, or other carrier are prohibited. A sales clerk shall be on duty to serve customers at the time of purchase or delivery. (b) A manufacturer's license issued under this chapter shall be subject to rules and regulations promulgated by the state fire marshal to govern the manufacture of fireworks as in his judgment the public welfare requires. (c) No license shall be issued to a person under the age of 18 years. All licenses shall be issued for the calendar year or any fraction thereof and shall expire on December 31 of each year. A grace period of two days shall be allowed each holder of a license. No license shall be transferable to another person or location unless such transfer is approved by the state fire marshal. (d) The annual license fee for any licenses issued by the state fire marshal under this chapter shall be: (1) 'Class C common fireworks' manufacturer ....................................................$ 750.00

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JOURNAL OF THE HOUSE,

(2) 'Class C common fireworks' distributor......................................................... 750.00
(3) 'Class C common fireworks' retailer............................................................... 500.00
(e) A 'Class C common fireworks' retailer shall be required to obtain, in addition to the license issued by the state fire marshal, a license from the local governing authority of the county or municipality in which the retailer plans to engage in the retail sale of 'Class C common fireworks.' The annual license fee for any such 'Class C common fireworks' retailer's license shall be $250.00 which shall be paid into the funds of the county or municipality. The provisions of this subsection shall not be construed to require any county or municipality which has not previously approved the sale of 'Class C common fireworks' to issue a retailer's license for the sale of such 'Class C common fireworks.'
(f) The holder of current, valid retailer's licenses issued by the state fire marshal and the appropriate local governing body shall be authorized to engage in the retail sale of 'Class C common fireworks' in any quantity.
(g) The holder of a 'Class C common fireworks' manufacturer's license shall not be required to obtain any additional license or licenses in order to sell to distributors or retailers.
25-10-4. (a) Each person holding a license issued pursuant to this chapter shall display the license prominently at all times on the premises for which the license is issued.
(b) The state fire marshal shall assign a number to each license issued and each holder of such a license shall imprint or affix such number to all orders or invoices issued or used by each manufacturer, distributor, or retailer.
25-10-5. The issuance of the licenses required under this chapter shall not replace or relieve any person from any state, county, or municipal licenses or taxes as provided by law.
25-10-6. (a) No person shall deliver, sell, or ship 'Class C common fireworks' into or within this state unless the consignee produces the required license or proof that the consignee holds such a license. No person shall purchase 'Class C common fireworks' from another person without requiring proof that the proper license required of the seller under this chapter has been obtained and is current and valid.
(b) Each holder of a manufacturer's or distributor's license shall keep a record of each sale, delivery, or shipment of fireworks. Each holder of a retailer's license shall keep a record of each shipment of fireworks received. Such records shall be clear, legible, and accurate and shall show the name and address of the seller or purchaser and quantity received or sold. Such records shall be kept at each place of business of a manufacturer, distributor, or retailer for a period of three years from the date of manufacture, purchase, or sale and shall be subject to inspection by the state fire marshal or his designated representative during regular business hours.
25-10-7. The retail sale of 'Class C common fireworks' is authorized in all counties or municipalities of this state in accordance with the requirements of this chapter; provided, however, that the governing authority of any county or municipality may by ordinance or resolution prohibit such sales within their respective boundaries.
25-10-8. The governing authority of any county or municipality which adopts a resolution or ordinance prohibiting the sale of 'Class C common fireworks' shall notify the state fire marshal of the adoption of such resolution or ordinance. The state fire marshal shall not approve any application for a retailer's license if the proposed location is in a county or municipality which has adopted a resolution or ordinance prohibiting the sale of 'Class C common fireworks.'
25-10-9. (a) All 'Class C common fireworks' held for sale at retail within local jurisdictions where the sale or use of 'Class C common fireworks' is prohibited are declared contraband and subject to confiscation.
(b) It is declared illegal to sell or to ship into any county or municipality of this state for purposes of possession for sale at retail any 'Class C common fireworks' where such municipality or county has declared that the sale or possession of such 'Class C common fireworks' is illegal. The state fire marshal or his designated representative may inspect the location for such license before the issuance of such license to determine if the location meets the requirements of this chapter and reasonable safety standards for

WEDNESDAY, FEBRUARY 26, 1986

1657

the storage and sale of 'Class C common fireworks.' The exact mailing address and the exact address where 'Class C common fireworks' are to be sold must be stated on each application and license. Inspection shall not be required for renewal of licenses at the same location to be operated by the same owner unless there has occurred substantial structural use or environmental changes.
25-10-10. (a) The state fire marshal may suspend or revoke any license issued under this chapter, after notice and a hearing, for any violation of or failure to comply with this chapter or the rules and regulations promulgated under this chapter; provided, however, that the hearing shall be held in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(b) The state fire marshal may, at his discretion, refuse to issue another license to the holder of a license which has been canceled or revoked for cause for a period not to exceed three years.
25-10-11. (a) Nothing in this chapter shall be construed as applying to the shipping, sale, possession, and use of 'Class B special fireworks' or 'Class C common fireworks' for public displays by holders of a permit for public display to be conducted in accordance
with the rules and regulations promulgated by the state fire marshal. Such items of fireworks which are to be used for public display only and which are otherwise prohibited
for sale and use within the state shall include display shells designed to be fired from mortars and display set pieces of fireworks classified by the regulations of the United
States Department of Transportation as 'Class B special fireworks' and shall not include such items of commercial fireworks as cherry bombs, tubular salutes, repeating bombs, aerial bombs, and torpedoes.
(b) Any person, firm, corporation, association, or partnership desiring to conduct a public exhibition or display of 'Class B special fireworks' shall first obtain a permit from
the judge of the probate court of the county in which the exhibition or display is to be held. Application for a permit must be made in writing and filed with the judge not less than ten days prior to the date of the proposed exhibition or display of 'Class B special
fireworks,' provided that the judge may, in his discretion, approve an application for a permit made less than ten days prior to the event. The judge may grant a permit for
the display on the following conditions: (1) That the display be conducted by a competent operator approved by the judge;
(2) That the display shall be of such character as in the opinion of the judge will not be hazardous to persons or property; and
(3) That the application be accompanied by a bond in the principal sum of $50,000.00, payable to the county in which the display is being held and conditioned for the payment of damages which may be caused either to persons or to property by
reason of the display, or, alternatively, that the application be accompanied by evidence that the applicant carries proper liability insurance for bodily injury in the
amount of not less than $50,000.00 for each person and $100,000.00 for each accident and for property damage in the amount of not less than $50,000.00 for each accident and $100,000.00 aggregate with an insurance company duly licensed by the Insurance Commissioner.
(c) The permit provided for in subsection (a) of this Code section shall be limited to the time specified therein, such time not to exceed a two-week period. The permit
shall not be transferable. In the event any fireworks bought and possessed under this Code section are not used by the licensee or in the event that there is a surplus or
excess after the two-week period expires, it shall be the duty of the licensee to dispose of the fireworks by turning them over to the state fire marshal or any of his agents, with
the exception of those fireworks returned to stock. Any fireworks bought pursuant to this Code section which are not used for the purpose of public display in the time speci-
fied or returned to the general stock of the exhibitor shall, at the expiration of such time, be deemed contraband and subject to seizure by the state fire marshal, the Georgia
State Patrol, or any sheriff or local police official and shall be destroyed at the licensee's expense.
(d) The judge of the probate court shall receive $10.00 for his services in granting or refusing the original permit and $1.00 for each copy issued, to be paid by the applicant.

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JOURNAL OF THE HOUSE,

25-10-12. It shall be unlawful for any individual, firm, partnership, or corporation to possess, sell, or use within this state or to ship into this state, except as provided in this chapter, any pyrotechnics known as 'fireworks' other than the following permissible items:
(1) Those items now or hereafter classified as 'Class C common fireworks'; or (2) Those items which comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission and permitted for use by the general public under such regulations. 25-10-13. No permissible articles of common fireworks as defined in Code Section 25-10-1 shall be sold, offered for sale, or possessed or used in this state, except as provided in Code Section 25-10-11, unless properly named to conform to the nomenclature of Code Section 25-10-12 and unless it is certified as 'common fireworks' on all shipping cases and imprinted on the article or retail container 'D.O.T. Class C common fireworks' in such a manner as to be readily recognizable by law enforcement authorities and the general public.
25-10-14. The term 'fireworks' shall not include toy pistols, toy canes, toy guns, or other devices in which paper caps containing 0.25 grains or less explosive compounds are used, provided that they are so constructed that the hand cannot come in contact with the cap when in place for exploding, and toy paper pistol caps which contain less than 0.25 grains of explosive compounds, cone, bottle, tube, and other type serpentine pop-off novelties, nonpoisonous toy snakes, smoke sticks without report, sparklers, all smoke devices, snappers, and pop-pops.
25-10-15. (a) Placing, storing, locating, or displaying of fireworks in any window where the sun may shine through glass onto the fireworks so displayed or permitting the presence of lighted cigars, cigarettes, or pipes within ten feet of where the fireworks are offered for sale is declared unlawful and prohibited. At all places where fireworks are stored or sold there must be posted signs with the words 'fireworks no smoking' in letters not less than four inches high. No fireworks shall be sold at retail at any location where paints, oils, or varnishes are for sale or use, unless such paints, oils, or varnishes are kept in their original consumer containers, nor where resin, turpentine, gasoline, or any other flammable substance is stored or sold, if the storage creates an undue hazard to any person or property.
(b) All firework devices that are readily accessible to handling by consumers or purchasers must have their fuses protected in such a manner as to protect against accidental ignition of an item by spark, cigarette ash, or other ignition source. Safety-type thread-wrapped and coated fuses shall be exempt from this provision.
25-10-16. (a) It shall be unlawful to offer for retail sale or to sell any fireworks to any person under the age of 16 years or to any intoxicated or irresponsible person. It shall be unlawful to explode or ignite fireworks within 600 feet of any church, hospital, asylum, or public school, or within 200 feet of where fireworks are stored, sold, or offered for sale. No person shall ignite or discharge any permissible articles of fireworks within a motor vehicle or throw the same from a motor vehicle; nor shall any person place or throw any ignited article of fireworks into or at such a motor vehicle or at or near any person or group of people.
(b) All items of fireworks which exceed the limits of 'D.O.T. Class C common fireworks' as to explosive composition, such items being commonly referred to as 'illegal ground salutes' designed to produce an audible effect, are expressly prohibited from shipment into, manufacture, possession, sale, or use, within the State of Georgia for any purpose. This subsection shall not affect display fireworks authorized by this chapter.
25-10-17. (a) Nothing in this chapter shall be construed as applying to the manufacture, storage, sale, or use of signals necessary for the safe operation of railroads or other classes of public or private transportation or of illuminating devices for photographic use; nor as applying to the military or naval forces of the United States or of this state or to peace officers; nor as prohibiting the sale or use of blank cartridges for ceremonial, theatrical, or athletic events or ammunition consumed by weapons for sporting and hunting purposes; nor as applying to the transportation, sale, or use of fireworks solely for agricultural purposes, provided that the purchaser shall first secure a written

WEDNESDAY, FEBRUARY 26, 1986

1659

permit to purchase and use fireworks for agricultural purposes only from the state fire marshal, after obtaining approval of the county agricultural agent of the county in which the fireworks are to be used. The fireworks must at all times be kept in possession of the farmer to whom the permit is issued. Such permits and fireworks shall not be transferable. Items sold for agricultural purposes shall be limited to those items that are legal for retail sale and use within the State of Georgia.
(b) This chapter shall not apply to the high explosives covered by Code Section 25-2-17 over which the Safety Fire Commissioner has regulatory control.
25-10-18. The state fire marshal is charged with the enforcement of this chapter and may call upon any state, county, municipal, or other peace officer for assistance in the enforcement of this chapter. The state fire marshal may designate a deputy fire marshal as the 'fireworks enforcement officer.'
25-10-19. (a) Any individual violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction, except for a violation of subsection (b) of Code Section 25-10-16, shall be punished by a fine of not less than $50.00 nor more than $200.00 or imprisoned for not less than 30 days nor more than 90 days, or both, in the discretion of the court. Any corporation violating any provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, except for a violation of subsection (b) of Code Section 25-10-16, shall be punished by a fine of not less than $50.00 nor more than $200.00.
(b) Any individual violating any provisions of this chapter, except for a violation of subsection (b) of Code Section 25-10-16, for a second or subsequent offense shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $200.00 nor more than $1,000.00 or imprisoned for not less than 90 days nor more than 11 months and 29 days, or both, in the discretion of the court. Any corporation violating any provisions of this chapter, except for a violation of subsection (b) of Code Section 25-10-16, for a second or subsequent offense shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $200.00 nor more than $1,000.00.
(c) (1) Any individual violating subsection (b) of Code Section 25-10-16 shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $1,000.00 or imprisoned for 11 months and 29 days, or both, in the discretion of the court. Any corporation violating subsection (b) of Code Section 25-10-16 shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $1,000.00.
(2) Any individual violating subsection (b) of Code Section 25-10-16 for a second or subsequent offense shall be guilty of a felony and, upon conviction, shall be punished by a fine of $5,000.00 or imprisonment for not less than one year nor more than three years, or both, at the discretion of the court. Any corporation violating subsection (b) of Code Section 25-10-16 for a second or subsequent offense shall be guilty of a felony and upon conviction shall be punished by a fine of not less than $5,000.00.
25-10-20. (a) The state fire marshal shall seize as contraband any fireworks other than 'Class C common fireworks' or 'special fireworks' for public displays which are sold, displayed, used, or possessed in violation of this chapter. The fire marshal is authorized to destroy fireworks so seized.
(b) Before any seized fireworks may be destroyed:
(1) If the owner of such seized fireworks is known, the state fire marshal shall give notice by registered mail or personal service to such owner of his intention to destroy such seized materials. Such notice shall inform the owner of his right to a hearing concerning such destruction of fireworks in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(2) If the identity of the owner of any seized fireworks is not known to the state fire marshal, the fire marshal shall cause to be published, in a newspaper of general circulation in the county wherein the seizure was made, notice of such seizure and of his intention to destroy such fireworks. The notice shall be published once each week for three consecutive weeks; and if no person claims ownership of the fireworks within ten days of the date of the last publication, the state fire marshal may proceed to

1660

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destroy the fireworks; if the owner does claim the fireworks within the above-specified time, a hearing as set out in this subsection shall be held."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Coleman of the 118th, was read and adopted:

A BILL
To amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fireworks, so as to change the definition of the term "fireworks"; to authorize and direct the Safety Fire Commissioner to promulgate safety regulations relating to the manufacture, storage, and transportation of fireworks within this state; 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 25 of the Official Code of Georgia Annotated, relating to the regulation of fireworks, is amended by striking Code Section 25-10-1, relating to the definition of the term "fireworks," in its entirety and substituting in lieu thereof a new Code Section 25-10-1 to read as follows:
"25-10-1. As used in this chapter, the term 'fireworks' means any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, including blank cartridges, balloons requiring fire underneath to propel them, firecrackers, torpedos, skyrockets, Roman candles, bombs, sparklers, and other combustibles and explosives of like construction, as well as articles containing any explosive or flammable compound and tablets and other devices containing an explosive substance. The term 'fireworks' shall not include model rockets and model rocket engines, designed, sold, and used for the purpose of propelling recoverable aero models, toy pistol paper caps in which the explosive content does not average more than 0.25 grains of explosive mixture per paper cap nor toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps; nor shall the term 'fireworks' include ammunition consumed by weapons used for sporting and hunting purposes."
Section 2. Said chapter is further amended by striking Code Section 25-10-5, relating to the annual license fee for the manufacture, storage, and transportation of fireworks; promulgation of safety regulations; and conduct of inspections, in its entirety and substituting in lieu thereof a new Code Section 25-10-5 to read as follows:
"25-10-5. The annual license fee for any person, firm, or corporation conducting business in this state under paragraph (4) of Code Section 25-10-3 shall be $1,000.00 per year, payable to the Fiscal Division of the Department of Administrative Services. The license shall expire on December 31 of each year. The Inspection Division ef the Department ef Labor Safety Fire Commissioner is authorized and directed to promulgate safety regulations relating to the manufacture, storage, and transportation of fireworks within this state in order to ensure the adequate protection of the employees of any such person, firm, or corporation and of the general public. The state fife marshal Safety Fire Commissioner is further authorized and directed to conduct periodic inspections of the facilities of any person, firm, or corporation manufacturing, storing, and transporting fireworks as provided in paragraph (4) of Code Section 25-10-3 in order to ensure compliance with fire safety rules and regulations."
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 report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.

WEDNESDAY, FEBRUARY 26, 1986

1661

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 YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M
YBeck Y Benefield
YBenn Y Birdsong
Bishop Bolster
Y Bostick Y 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 Ciark.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 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
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
Kilgore Y Kingston
Lane,D Y 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
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
Reaves Y Redding Y Richardson Y Robinson,C
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 YSmyre YSnow Y Stancil Y Steinberg Y Thomas.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 White
Y Wilder
Y Williams.B Y Williams,J Y Williams,R Y Wilson
YWood Y Workman Y Yeargin
Young Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 414. By Representatives Lupton of the 25th, Barnett of the 59th, Athon of the 57th, Morton of the 47th, Brown of the 88th and Lawrence of the 49th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that it shall be a criminal offense to consume any alcoholic beverage while driving or while in actual physical control of a moving vehicle; to provide that it shall be a criminal offense to consume any alcoholic beverage while in a moving vehicle.

The following Committee substitute was read and withdrawn:

A BILL
To amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that it shall be a criminal offense to consume any alcoholic beverage while driving or while in actual physical control of a moving vehicle; to provide that it shall be a criminal offense to consume any alcoholic beverage or possess any opened alcoholic beverage while driving or while in actual physical control of a moving vehicle; to provide for related matters; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, is amended by striking subsections (a) and (b) of Code Section 40-6-391, relating to driving under the influence, and inserting in their place new subsections to read as follows:
"(a) A person shall not drive or be in actual physical control of any moving vehicle while:
(1) Under the influence of alcohol; (2) Under the influence of any drug to a degree which renders him incapable of driving safely; (3) Under the combined influence of alcohol and any drug to a degree which renders him incapable of driving safely; or (4) There is 0.12 percent or more by weight of alcohol in his blood, (b) (1) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section. (2) A person shall not while driving or while in actual physical control of any moving vehicle consume any alcoholic beverage or have possession of any alcoholic beverage when the bottle, can, or jar containing such alcoholic beverage has been opened to allow access to the alcoholic beverage for consumption."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Lupton of the 25th and Walker of the 115th, was read and adopted:

A BILL
To amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that it shall be a criminal offense to consume any alcoholic beverage while driving or while in actual physical control of a moving vehicle; to provide a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, is amended by adding a new Code Section 40-6-391.2 to read as follows:
"40-6-391.2. (a) It shall be unlawful for any person to consume any alcoholic beverage while driving or while in actual physical control of any moving motor vehicle.
(b) Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not to exceed $300.00."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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 Bainett.M
Y Beck Y Benefield Y Benn
Y Birdsong Y Bishop
Bolster Bostick

Y Branch
Y Bray Brooks Brown.G
Y Buck Y Burruss
Y Byrd Y Carter

N Chambless
Y Chance Cheeks
Y Childers
Childs Y Clark.B
Clark.L Y Colbert

WEDNESDAY, FEBRUARY 26, 1986

1663

Coleman YColwell
Connell Y Cooper
Copelan Couch YCox
YCrawford
Crosby YCummings
Daugherty YDavis YDean YDixon Y Dobbs
Y Dover YDunn
Edwards YFelton YFloyd Y Foster Y Galer
Godbee YGoodwin YGreene YGreer
Groover Y Hamilton

Manner Y Harris Y Hasty YHays Y Heard YHill YHolcomb
Y Holmes
Y Hooks Home
Y Hudson Ylsakson
Jackson,J Jackson.N Y Jamieson
Y Johnson.D YJohnson,F
Y Johnson.R Y Johnson,S
Kilgore Y Kingston Y Lane,D
Y Lane.R YLawler Y Lawrence
Lawson Y Lee.C Y Lee.W

Y Under Y Logan
Long Y Lord
Lucas YLupton Y Maddox
Y Mangum
Martin.C Y Martin,J
Matthews N McDonald Y McKelvey
McKinney Milam
N 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 Porter
Y Rainey Y Rarasey.T
Y Ramsey.V
Y Randall Y Ransom
Y Ray Reaves
Y Redding Y Richardson Y Robinson.C
Y Robinson.P Y Ross
Y Royal Y Russell Y Selman Y Shepard Y Sherrod
N Sinkfield Y Sizemore Y Smith,L Y Smith.P
Smith.T Y Smyre

vcl"""-, Y Stancil Y btemberg
ma9 Ihomas.M Y Thompson Y Townsend
J^nplett
H,w!f!? Y Waddle
Y Waldrep Wa ker.C
Y WaUcer.L Y Wall
Ware
Watson Y Watts
White Wi der Y Wi iams,B Y Wi hams,J Y Wilbams.R
Y Wilson Y Wood Y Workman Y Yeargm
Young Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 129, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Cheeks of the 89th and Wilder of the 21st stated that they had been called from the floor of the House during the preceding roll call. They wished to vote "aye" thereon.

HB 1688. By Representative Bray of the 91st:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for the filling of a vacancy in the office of clerk of the superior court; to change the provisions relating to certain appointments by the probate judge pending the filling of certain vacancies.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for the filling of a vacancy in the office of clerk of the superior court; to change the provisions relating to certain appointments by the probate judge pending the filling of certain vacancies; to provide for the procedure for filling vacancies in the office of clerk of the superior court; 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. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by striking Code Section 15-6-54, relating to certain appointments by the probate judge pending the filling of vacancies in the office of clerk of the superior court, and inserting in its place a new Code Section 15-6-54 to read as follows:

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JOURNAL OF THE HOUSE,

"15-6-54. (a) As Except as provided in subsection (c) of this Code section, as soon as a vacancy in the office of superior court clerk occurs et in anticipation ef seh a vacancy, the judge of the probate court must shall appoint some qualified person to discharge the duties of clerk 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 judge of the probate court 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."
Section 2. Said article is further amended by striking Code Section 15-6-56, relating to elections to fill a vacancy in the office of clerk of the superior court, and inserting in its place a new Code Section 15-6-56 to read as follows:
"15-6-56. (a) When Except as otherwise provided in subsection (b) of Code Section 15-6-54 or subsection (c) of this Code section, when a vacancy occurs ef in anticipation ef a vacancy, the judge ef the probate court election superintendent of the county where it nsppens occurs sti9ll ive notice Ht one r more ot tne puuiic newspapers of trie
of tne county "sk? dsys prior vO tne d&te of election) wnicn dflte sndii oe set by nun C3.il and conduct a special election in the manner provided for in Chapter 2 of Title 21.
(b) The person elected on such date shall hold office for the unexpired term of his such person's predecessor. The returns of the election must shall be made to the Goverttof-, whe must commission the clerk Secretary of State. Such person shall be commissioned by the Governor.
(c) In any county in which the position of chief deputy clerk has been created by law or in which a chief deputy clerk has been appointed pursuant to Code Section 15-6-59, the chief deputy clerk shall succeed the clerk of the superior court if a vacancy occurs. The chief deputy clerk shall serve until January 1 following the next general election which is held more than 30 days after the date the vacancy occurs; provided, however, that in no event shall the chief deputy clerk serve past the date that the successor is qualified immediately upon the expiration of the term of office in which the vacancy was created. If a portion of the original term will remain unexpired after January 1, then a person to fill the vacancy for the remainder of the unexpired term shall be elected at such general election. In any such case, the other provisions of law for filling such a vacancy shall not apply. The provisions of this subsection shall only be applicable to the clerk of the superior court and shall not be applicable to other county officers."
Section 3. Said article is further amended by striking Code Section 15-6-57, relating to holding certain elections in the event of a tie, which reads as follows:
"15-6-57. Should any two or more candidates at an election to fill a vacancy in the office of superior court clerk, or at a regular election, have the highest and an equal number of votes, the judge of the probate court shall set a date and advertise another election in the manner prescribed in Code Section 15-6-56 and shall do so until a choice is made.", and inserting in its place the following:
"15-6-57. Reserved."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron
Adams.G Adams.M YAiken

Y Alford
Y Alien Y Anderson Y Argo

Y Athon
Y Atkins Y Auten Y Bailey

Balkcom
Y Bannister Y Bargeron Y Barnett,B

Y Barnett,M
Y Beck Y Benefield Y Benn

WEDNESDAY, FEBRUARY 26, 1986

1665

Y Birdaong Y Bishop
Bolster Y Bostick Y Branch YBray
Brooks 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 Y Copelan Y Couch
YCoi Y Crawford
Crosby Y Cummings
Daugherty Y Davis

Dean Y Dixon YDobbs Y Dover Y Dunn
Edwards Felton Y Floyd Y Foster Y Galer Y God bee 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 YHome Y Hudson Y Isakson Y Jackson,,) 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 YLee,W Y Linder YLogan
Long YLord
Lucas Y Lupton Y Maddox Y Mangum
Martin.C
Y Martin,J 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 Y Parham 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
Y Robinson.C Y Robinson,P YRoss Y Royal Y Russell YSelman Y Shepard Y Sherrod Y Sinkfield Y Sizemore

Y Smith.L Y Smith,P
Smith.T YSmyre Y Snow Y Stancil
Y Steinberg Y Thomas.C
Thomas,M Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Watson Y Watts White Y Wilder Y Williams.B Y Williams^ Y Williams.R Wilson Y Wood Workman Y Yeargin Young Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 146, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 Annotated, 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 relative to the conduct of hearings and actions taken by the Department of Public Safety.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 40-6-163 of the Official Code of Georgia Annotated, relating to the duty of driver of vehicle meeting or overtaking a school bus and reports of certain violations, so as to change certain reporting requirements relative to persons who violate a certain law relative to duty of driver of vehicle meeting or overtaking a school bus; to repeal certain provisions relative to duties of the Department of Public Safety; to repeal other provisions relative to the administration and enforcement of this Code section; 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 40-6-163 of the Official Code of Georgia Annotated, relating to the duty of driver of vehicle meeting or overtaking a school bus and reports of certain violations, is amended by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) {1} Every school bus driver who observes a violation of subsection (a) of this Code section is authorized and directed to record specifically the vehicle description, license number of the offending vehicle, and time and place of occurrence on forms

1666

JOURNAL OF THE HOUSE,

furnished by the Department of Public Safety. Such report shall be submitted within 15 days of the occurrence of the violation to the Department ef Public Safety whieh shall be responsible for ascertaining the owner ef said vehicle local law enforcement agency which has law enforcement jurisdiction where the alleged offense occurred. nee the ownership ef said vehicle is determined, the Department ef Public Safety snsH issue ftn flppropr itte Wflrnm^j tetter within xo dftys to trie owner or the vehicle. A reuuttdDle presumption sh8.ll exist tndt the owner or the vehicle is trie vioifltor. Unlcaa a hearing is requested, the Department ef Public Safety shaH make saeh warning a part ef the owner's driving history.
\cj \A~7 Any person receiving ft w&minjj letter ettinjj ft viols110n ot this oode section shdll nsve the pigfit to FeQuest ft he&Fin^ oeiorc the commissioner ot puoiic safety er his authorized representative by submitting a written request te the depsrtment tor s he&nnj^ within ot? dsys &rter receipt ot the wsrnm^ letter, i he commissioner ef public safety er his authorized representative shall schedule a hearmj* within ft re&sond Die time out not ictte? thctn yt? dftys fitter the rGQUG3t ts received .
conduct or fldmintstrstive he&Pin^s ftnd fictions tctken oy the Uepflft" ^s'nUa--i1l1 TUJ. Co saullu\~j1cf.c-vA TO,. fv^jVimtnyjjyif.0c1r* T1 OQ wf^if Tiii-tfilfc> uf\\(/\j t\rtinirutw\vrn\ aana ttVti>co
'Georgia Administrative Procedure Act.'
contdins s wflpnmg letter issued pursusnt to the provisions or this oode section find wl violates th provisions ef this Code section shall be guilty ef a misdemeanor."
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 substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron
Adams,G
Y Adams.M Y Aiken Y Alford Y Alien
Y Anderson Y Argo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister
Y Bargeton Y Barnett,B
Y Barnett.M YBeck
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
Clark.B Y Clark.L
Y Colbert Y Coleman Y Colwell
Connell Y Cooper
Copelan Y Couch YCox
Crawford
Crosby Y Cummings
Daugherty Y Davis
Dean Y Dixon
Y Dobbs Y Dover
Dunn Edwards Y Felton Y Floyd Y Foster Y Galer
Y Godbee Y Goodwin
Greene Greer

Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty YHays Y Heard YHill
Holcomb Y Holmes Y Hooks Y Home
Y Hudson Y Isakson
Y Jackson,J Y Jackson.N
Jamieson Y Johnson,D Y Johnson,F
Johnson,R Y Johnson.S
Kilgore
Y Kingston Y Lane,D Y Lane.R Y Lawler
Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Under Y Logan
Long

YLord Lucas
Y 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 YMorton 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 Reaves
Y Redding Y Richardson
Y Robinson.C Y Robinson.P YRoss Y Royal
Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L
Smith,?
Y Smith.T YSmyre YSnow
Y Stancil Y Steinberg Y Thomas.C
Thomas,M Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker,L

WEDNESDAY, FEBRUARY 26, 1986

1667

Y Wall Ware Watson

Y Watts White Wilder

Y Williams,B Y WiIliam8,J Y Williams.R

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 substitute.

HB 962. By Representatives Thomas of the 69th and Pinkston of the 100th:
A bill to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the privilege for and release of medical information, so as to change the conditions under which medical information shall be released by physicians.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to the production of documents and things, so as to change certain procedures applicable to requests to produce documents made to nonparties who are certain practitioners of the healing arts, hospitals, or health care facilities; to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the privilege for and release of medical information, so as to include certain hospitals and health facilities; to provide exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to the production of documents and things, is amended by striking in its entirety subsection (c) and inserting in its place a new subsection (c) to read as follows:
"(c) (1) This Code section shall also be applicable with respect to discovery against persons, firms, or corporations who are not parties, in which event a copy of the request shall be served upon all parties of record; or, upon notice, the party desiring such discovery may proceed by taking the deposition of the person, firm, or corporation on oral examination or upon written questions under Code Section 9-11-30 or 9-11-31. The nonparty or any party may file an objection as provided in subsection (b) of this Code section. If the party desiring such discovery moves for an order under paragraph (a) of Code Section 9-11-37 to compel discovery, he shall make a showing of good cause to support his motion.
(2) This Code section shall also be applicable with respect to discovery against a nonparty who is a practitioner of the healing arts or a hospital or health care facility, including those operated by an agency or bureau of the state or other governmental unit. Where such a request is directed to such a nonparty, a copy of the request shall be served upon all parties of record; or, upon notice, the party desiring such discovery may proceed by taking the deposition of the person, firm, or corporation on oral examination or upon written questions under Code Section 9-11-30 or 9-11-31. The nonparty or any party may file an objection with the court in which the action is pending and shall serve a copy of such objection on the nonparty to whom the request is directed, who shall not furnish the requested materials until further order of the court, and on all other parties to the action. Upon the filing of such objection, the party desiring such discovery may move for an order under paragraph (a) of Code Section 9-11-37 to compel discovery and, if he shall make a showing of good cause to support his motion, discovery shall be allowed. If no objection is filed within ten days of the request, the nonparty to whom the request is directed shall promptly comply therewith."

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JOURNAL OF THE HOUSE,

Section 2. Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the privilege for and release of medical information, is amended by striking in its entirety Code Section 24-9-40 and inserting in its place a new Code Section 24-9-40 to read as follows:
"24-9-40. No physician licensed under Chapter 34 of Title 43 and no hospital or health care facility, including those operated by an agency or bureau of the state or other governmental unit, shall be required to release any medical information concerning a patient except to the Department of Human Resources, its divisions, agents, or successors when required in the administration of public health programs pursuant to Code Section 31-12-2 and where authorized or required by law, statute, or lawful regulation; or on written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or on appropriate court order or subpoena; provided, however, that any physician releasing information under written authorization or other waiver by the patient, or by his or her parents or guardian ad litem in the case of a minor, or pursuant to law, statute, or lawful regulation, or under court order or subpoena shall not be liable to the patient or any other person; provided, further, that the privilege shall be waived to the extent that the patient places his care and treatment or the nature and extent of his injuries at issue in any civil or criminal proceeding. This Code section shall not apply to psychiatrists or to hospitals in which the patient is being or has been treated solely for mental illness."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G 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 YBenn Y Birdsong
Bishop Bolster Y Bostick Y Branch YBray Brooks Y Brown.G YBuck 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
Connell Y Cooper
Copelan Y Couch YCox
Crawford Crosby
Y Cummings Daugherty
Y Davia Dean
Y Di*on
Y Dobhs Y Dover
Dunn
Edwards Y Felton Y Floyd Y Foster YGaler
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 Y Home Y Hudson
Y Isakson Y Jackson,J Y Jackson.N
Y Jaroieson 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
Y Lee.W Y Under YLogan
Long YLord
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 Patten Peters Pettit Phillips
Y Pinkston Y Porter
Rainey Y Ramsey.T Y Ramsey.V
YRandall Y Ransom YRay
Reaves Redding Y Richardson Y Robinson.C Y Robinson,P YRoss Y Royal Y Russell
YSelman

Y Shepard Y Sherrod
Sinkfield Y Sizemore Y Smith.L
Y Smith,P Smith.T
YSmyre YSnow 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 YWall
Ware
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, by substitute, the ayes were 140, nays 0.

WEDNESDAY, FEBRUARY 26, 1986

1669

The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

HB 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 following Senate substitute was read:

A BILL
To amend an Act providing a charter for the county-wide government of Columbus, Georgia, approved October 5, 1971 (Ga. L. 1971, Ex. Sess., p. 2007), as amended, so as to provide for procedures for filling vacancies in the office of Mayor or Councilor; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing a charter for the county-wide government of Columbus, Georgia, approved October 5, 1971 (Ga. L. 1971, Ex. Sess., p. 2007), as amended, is amended by striking Section 6-201 and inserting in its place a new Section 6-201 to read as follows:
"Section 6-201. Special Elections. In the event the office of Mayor or Councilor shall become vacant for any cause whatsoever, then such vacancy shall be filled in the manner provided for in this section. If a vacancy occurs within one and one-half years after the date of a regular election for the office of Mayor or Councilor, then the Board of Elections shall within ten (10) days after the occurrence of such vacancy call a special election to fill the balance of the unexpired term of such office by giving notice in one or more newspapers of general circulation in Columbus, Georgia. If a vacancy occurs more than one and one-half years after the date of a regular election for the office of Mayor or Councilor, then a person shall be appointed by a majority vote of the total membership of the Council to serve until a successor is elected and qualified at a special election held concurrently with the next regular election for the office of Mayor or Councilor. The successor elected at such special election shall serve the remainder of the unexpired term of such office. The special election required herein shall be held on the date specified in the advertisement, but not less than thirty (30) days nor more than forty-five (45) days after the publication of the call of the election. In all other respects, every special election shall be held and conducted in accordance with those provisions of the applicable laws of Georgia as provided in section 6-200 of this Charter."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Moultrie of the 93rd moved that the House agree to the Senate substitute to HB 1787.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

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JOURNAL OF THE HOUSE,

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 Annotated, 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.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 9-11-41 of the Official Code of Georgia Annotated, 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 plaintiff rests his case; to provide that after commencement of a trial permission and an order of the court must be obtained before dismissal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 9-11-41 of the Official Code of Georgia Annotated, relating to the dismissal and recommencement of civil actions, is amended by striking in its entirety subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) Subject to the provisions of subsection (c) of Code Section 9-11-23, of Code Section 9-11-66, and of any statute, an action may be dismissed by the plaintiff, without order or permission of court, by filing a written notice of dismissal at any time before the submission ef th plaintiff rests his case te th jwy. After the plaintiff rests his case, permission and an order of the court must be obtained before dismissal. If a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiffs motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court. A dismissal under this subsection is without prejudice, except that the filing of a third notice of dismissal operates as an adjudication upon the merits."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Aaron Adams.G
Y Adams.M Aiken
Y Alford N 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 Y Beck

Benefield Benn
Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch Y Bray N Brooks Y Brown.G Y Buck Y Burruss Y Byrd Y Carter Y Chambless
Y Chance Y Cheeks Y Childers

N Childs N Clark.B
Y Ciark.L Y Colbert Y Coleman Y Colwell
Connell Y Cooper
Copelan Y Couch Y Cox Y Crawford
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 Hanner
Y Harris Y Hasty Y Hays

Y Heard Y Hill
N 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

WEDNESDAY, FEBRUARY 26, 1986

1671

Y Lane.R Y Lawler Y Lawrence Y Lawson
YLee.C YLee,W Y Linder YLogan
Long YLord Y Lucas
Y Lupton
Y Maddox Y Mangum Y Martin.C N MartinJ Y Matthews
McDonald

Y McKelvey Y McKinney
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
Pettit

Phillips
Y Pinkston
Y Porter
Y Rainey Y Ramsey.T Y Ramsey.V
N 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 N Smith.L
Y Smith.P Y Smith.T Y Smyre YSnow 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
Watts White Y Wilder Y Williams.B N 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 148, nays 12.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 Annotated, 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.

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 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
YBeck Y Benefield
YBenn Birdsong
Y Bishop Bolster
Y Bostick 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 Colwell
Connell Y Cooper
Copelan Y Couch YCox Y Crawford
Crosby Y Cummings
Daugherty Y Davis Y 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 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
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
Long

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 Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham
Y Parrish
Patten
Peters
Pettit
Phillips Y Pinkston Y Porter
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
Sinkfield Y Sizemore Y Smith.L Y Smith.P
Smith.T Y Smyre YSnow Y Stancil Y Steinberg
Thomas.C Thomas.M Y Thompson Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L

1672

JOURNAL OF THE HOUSE,

Y Wall
Y Ware Watson

Y Watts
White Y Wilder

Y Williams.B
Y Williams,J Y Williams.R

Y Wilson
Y Wood Y Workman

Y Yeargin
Young Murphy.Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HR 686. By Representatives McKinney of the 35th, Couch of the 40th, Dean of the 29th, Thomas of the 31st, Holmes of the 28th, Greer of the 39th, Adams of the 36th, Colbert of the 23rd, Lane of the 27th, Martin of the 26th, Bolster of the 30th, Lupton of the 25th, Townsend of the 24th, Clark of the 55th, Selman of the 32nd and Felton of the 22nd:

A RESOLUTION
Creating the Atlanta-Fulton County Taxation Study Commission; and for other purposes.
WHEREAS, the property tax burden and long-term debt are far higher in Atlanta and Fulton County than in any other political subdivisions in the metropolitan Atlanta area; and
WHEREAS, a study should be made of the property tax burden and bonded indebtedness of all political subdivisions within the metropolitan area in an effort to determine why the property tax burden of Atlanta and Fulton County is excessive as compared to the remainder of the metropolitan Atlanta area; and
WHEREAS, the study should include an analysis of the state or regional impact of projects financed or partially financed or proposed to be financed by Atlanta-Fulton taxpayers and make recommendations for state or regional participation in the financing of such projects.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Atlanta-Fulton County Taxation Study Commission is created to consist of five members of the House of Representatives appointed by the Speaker of the House, five members of the Senate appointed by the President of the Senate, and five citizens of Fulton County, who shall not be officials or employees of the state or of any political subdivision of the state, appointed by the Governor. All members shall be appointed by May 1, 1986. The Speaker of the House shall designate one of his appointees as a cochairman, and the President of the Senate shall designate one of his appointees as a cochairman. The cochairmen may jointly preside at meetings of the commission or may alternate presiding or may designate either one as the presiding officer for all or any number of meetings. In the absence of one cochairman, the other shall preside at a meeting of the commission. The cochairmen shall call the organizational meeting of the commission. At such meeting, the commission shall elect from its own membership such additional officers as may be necessary or convenient.
BE IT FURTHER RESOLVED that all members of the commission shall serve without compensation and may not be reimbursed from public funds for expenses incurred by them in carrying out their duties as members of the commission. The commission may meet for such number of times and at such places as may be necessary to carry out its duties under this resolution.
BE IT FURTHER RESOLVED that the commission may make a study of taxation, particularly ad valorem taxation, by the City of Atlanta and Fulton County. The commission shall compare the tax burden within Atlanta and Fulton County with the tax burden within other political subdivisions of the metropolitan Atlanta area and seek to determine why the tax burden of Atlanta-Fulton County taxpayers is excessive as compared to such other political subdivisions. In making its study, the commission may examine past and

WEDNESDAY, FEBRUARY 26, 1986

1673

proposed budgets for the City of Atlanta and Fulton County and such other information relative to taxation by said political subdivisions as the commission may find appropriate. The commission shall also examine the financing of projects and proposed projects which will increase the tax burden of Atlanta or Fulton County taxpayers and determine to what extent such projects are of regional or state-wide significance and how such projects may be financed with regional or state-wide participation.
BE IT FURTHER RESOLVED that the City of Atlanta and its officials, departments, and agencies and Fulton County and its officials, departments, and agencies shall cooperate fully with the commission by providing such information, documents, and assistance as the commission may reasonably require in carrying out its duties under this resolution.
BE IT FURTHER RESOLVED that the commission shall complete its study and issue its report and recommendations by December 15, 1986. The commission's report and recommendations shall be sent to the Governor, to the members of the General Assembly, and to the members of the governing bodies of Atlanta and Fulton County. The commission shall stand abolished on December 31, 1986.

The following amendments were read and adopted:

Representative Redding of the 50th moves to amend HR 686 as follows:
On page 3, line 6, after the period, place "The commission shall consult with DeKalb County Government on any matter concerning that portion of Atlanta lying within DeKalb County."

Representative Redding of the 50th moves to amend HR 686 as follows:
On page 1, line 23 after the comma, strike the word "five" and substitute the word "four" and after the second comma, insert "one citizen residing in that portion of Atlanta lying within DeKalb County."

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 ayes were 101, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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; and for other purposes.
WHEREAS, the General Assembly continues to be concerned about the youth adjudicated to the Youth Services Division of the Department of Human Resources; and
WHEREAS, the present juvenile justice system needs to be studied further to determine where improvements need to be made and to determine if alternative procedures and programs are needed; and
WHEREAS, a recent survey (see December, 1985, Report of the House Children and Youth Study Committee) clearly indicates the need for a further and more structured inquiry into the issues identified; and

1674

JOURNAL OF THE HOUSE,

WHEREAS, the resolutions adopted at the Southern Legislators Conference on Children and Youth in November, 1985, need support and implementation; and
WHEREAS, child abuse and neglect are community concerns and they occur at all economic levels; and
WHEREAS, the Child Abuse Central Registry published figures showing an increase in physical and sexual child abuse cases.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the Children and Youth Study Committee to be composed of four members of the House and two citizens at large appointed by the Speaker of the House. The committee shall elect its chairman at its initial meeting. The committee shall be authorized to study and make recommendations regarding the entire juvenile justice system of this state and regarding troubled children and child abuse and neglect. The committee is further authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with this resolution which are necessary or convenient to enable it to exercise fully and adequately its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The Department of Human Resources and other state agencies shall assist and support the committee in its study. Each member of the committee shall receive for his services on the committee the expenses and allowances authorized by law for members of legislative committees, but for no longer than five days unless an extension is obtained from the Speaker of the House. The committee shall work closely with the standing Senate Children and Youth Committee. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of government. The committee shall stand abolished on December 31, 1986.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 99, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted.

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 26, 1986
Mr. Speaker and Members of the House:
Your Committee on Rules met and submits the following supplemental to the calendar already adopted this February 26, 1986, by adding the following:
HR 770 Forestry Comm.: Transfer Structure to Schley Co. Bd. Comm.
Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

Under the general order of business, established by the Committee on Rules, the following Resolution of the House was taken up for consideration and read the third time:

WEDNESDAY, FEBRUARY 26, 1986

1675

HR 770. By Representative Edwards of the 112th:
A resolution transferring the ownership of a certain structure owned by the Georgia Forestry Commission to the Schley County Board of Commissioners.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 107, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

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

HB 840. By Representative Evans of the 84th:
A bill to amend Part 1 of Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances to secure debt and bills of sale, so as to provide for the method of cancellation of deeds to secure debt which apply to real property.

The following Senate substitute was read:

A BILL
To amend Part 1 of Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances to secure debt and bills of sale, so as to provide for the method of cancellation of deeds to secure debt which apply to real property; to provide that such cancellation shall, in order to authorize the clerk of superior court to show the original instrument as canceled of record, be made by a cancellation on the face of the original deed to secure debt, by a conveyance from the record holder of the deed to secure debt, or by execution of another document when the original deed is lost, stolen, or otherwise mislaid; to provide that no clerk of superior court shall incur any liability to any person for canceling of record any security deed authorized to be canceled as provided above; to provide for a form; 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. Part 1 of Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances to secure debt and bills of sale, is amended by striking Code Section 44-14-67, relating to cancellation of conveyances to secure debts, and inserting in its place a new Code section to read as follows:
"44-14-67. (a) In all cases where property is conveyed to secure a debt, the surrender and cancellation of the deed, in the same manner as mortgages are canceled, on payment of the debt to any person legally authorized to receive the same, shall operate to reconvey the title of the property to the grantor or his heirs, executors, administrators, or assigns. The cancellation may be recorded by the eterfc ef- the superior court in the same manner that cancellations ef mortgages are now recorded.
(b) In the case of a deed to secure debt which applies to real property, in order to authorize the clerk of superior court to show the original instrument as canceled of record, there shall be presented for recording:
(1) A cancellation upon the original security deed itself; or (2) A conveyance from the record holder of the security deed, which conveyance is in the form of a quitclaim deed or other form of deed suitable for recording and which refers to the original security deed; or (3) A cancellation as provided in subsection (c) of this Code section. Any clerk of superior court who cancels of record any deed to secure debt in the manner authorized in this subsection shall be immune from any civil liability, either in his official capacity or personally, for so canceling of record such security deed.

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JOURNAL OF THE HOUSE,

(c) Cancellation of a security deed, the original of which has been lost, stolen, or otherwise mislaid, may be made based upon a document executed by the record holder of the security deed and meeting the requisites for recordation, which document shall be in substantially the following form:
___________________ County, Georgia The indebtedness referred to in that certain deed to secure debt from_________________to___________________, dated___________, and of record in Deed Book____________i Page________t in the office of the clerk of the Superior Court of________________County, Georgia, having been paid in full and the undersigned being the present record holder and owner of such deed, the clerk of such superior court is authorized and directed to cancel that deed of record. In witness whereof, the undersigned has set his hand and seal, this
____________ day of ____________________,19_________.
(SEAL) Signature
Signed, sealed, and delivered on the date above shown

Unofficial Witness

Notary Public

My commission expires:
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Home of the 103rd moved that the House disagree to the Senate substitute to HB 840.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 1146. By Representative Johnson of the 72nd:
A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court costs, so as to provide that 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.
Representative Johnson of the 72nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 1146 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:

WEDNESDAY, FEBRUARY 26, 1986

1677

Representatives Johnson of the 72nd, Groover of the 99th and Thomas of the 69th.

The following Resolutions of the House were read and adopted:

HR 846. By Representatives Murphy of the 18th and Dover of the llth:
A resolution urging the Citizens' Stamp Advisory Committee of the United States Postal Service to accept the painting "The Courthouse Museum in Cleveland" by Jon Toorchen for inclusion as a United States Commemorative Postage Stamp.

HR 847. By Representatives Richardson of the 52nd, Childs of the 53rd, Robinson of the 58th, Steinberg of the 46th, Williams of the 48th and others:
A resolution commending Garland D. Perdue, M.D..

HR 848. By Representatives Wilson of the 20th, Thompson of the 20th, Burruss of the 20th, Watts of the 41st, Cooper of the 20th and others:
A resolution recognizing Reverend Nelson L. Price.

The following Resolution of the House was taken up for the purpose of considering the Senate substitute thereto:

HR 577. By Representative Stancil of the 66th: A resolution creating a Joint Liability Insurance Study Committee.

The following Senate substitute was read:

A RESOLUTION
Creating the Joint Liability Insurance and Motor Vehicle Insurance Cost Containment and Availability Study Committee; and for other purposes.
WHEREAS, rising liability insurance and motor vehicle insurance costs are a vital concern to the people of this state; and
WHEREAS, access to liability and motor vehicle insurance is a right of the people and an area in which the state government has an interest; and
WHEREAS, the cost of such insurance is rapidly rising beyond the economic reach of a large segment of our population; and
WHEREAS, the uninsured motorist continues to be a critical problem affecting the safety and lives of the citizens of this state; and
WHEREAS, the General Assembly wishes to determine what is the most effective means of containing rising insurance costs while meeting the needs of the population of the State of Georgia for accessible liability insurance; and
WHEREAS, all citizens of this state should be protected from the economic hardships that arise from the presence of uninsured motorists on the roads and highways of the state; and
WHEREAS, there are many factors bearing upon the cost and availability of insurance; and

1678

JOURNAL OF THE HOUSE,

WHEREAS, it appears that many uninsured motorists are not intentionally breaking the law but are frustrated in their attempts to obtain motor vehicle insurance by certain practices in the insurance industry; and
WHEREAS, a special study committee should be created to investigate the complicated issues, problems, and factors involved in the cost and availability of liability and motor vehicle insurance.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that there is created the Joint Liability Insurance and Motor Vehicle Insurance Cost Containment and Availability 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 committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees, 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.

Representative Stancil of the 66th moved that the House agree to the Senate substitute to HR 577.
On the motion, the ayes were 106, nays 0.
The motion prevailed.

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 1962 Do Pass
Respectfully submitted, /s/ Coleman of the 118th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 26, 1986
Mr. Speaker and Members of the House:

WEDNESDAY, FEBRUARY 26, 1986

1679

Your Committee on Rules met and submits the following supplemental to the calendar already adopted this February 26, 1986, by adding the following:
HB 1074 Elect.: Voter Registration: Residence Req. HB 1274 Schools: Extracurr. Activities: Student Maintain Cert. Average
HR 69 Public Emergency Med. Tech.: Indemnification-CA HR 718 Devel. Districts: Creation: Ad Valorem Tax Exemption
Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the House were taken up for consideration and read the third time:

HB 1074. By Representatives Logan of the 67th, Bray of the 91st and Argo of the 68th:
A bill to amend Title 21 of the O.C.G.A., relating to elections, so as to provide certain conditions under which no person shall be deemed to have gained or lost a residence by reason of such person's presence or absence; to provide for consideration by the registrars of an applicant's expressed intent and all attendant surrounding circumstances relating to such intent and conduct.

The following Committee substitute was read and adopted:

A BILL
To amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to the registration of voters, so as to provide certain conditions under which no person shall be deemed to have gained or lost a residence by reason of such person's presence or absence; to provide for consideration by the registrars of an applicant's expressed intent and any relevant circumstances determining the applicant's residence; to provide for certain factors which the registrars may consider; to provide that the decision of the registrars shall be presumptive evidence of a person's residence for voting purposes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to the registration of voters, is amended by striking Code Section 21-2-241, relating to rules for determining residence, and inserting in lieu thereof a new Code Section 21-2-241 to read as follows:
"21-2-241. (a) In determining the residence of a person desiring to register to vote, the following rules shall be followed so far as they are applicable:
(1) The residence of any person shall be held to be in that place in which his habitation is fixed, without any present intention of removing therefrom, and to which, whenever he is absent, he intends to return;
(2) A person shall not be considered to have lost his residence who leaves his home and goes into another state, or county in this state, for temporary purposes only, with the intention of returning, unless said person shall register to vote or perform other acts indicating a desire to change his citizenship and residence;

1680

JOURNAL OF THE HOUSE,

(3) A person shall not be considered to have gained a residence in any county of this state into which he has come for temporary purposes only without the intention of making such county his permanent place of abode;
(4) If a person removes to another state with the intention of making it his residence, he shall be considered to have lost his residence in this state;
(5) If a person removes to another state with the intention of remaining there an indefinite time and making such state his place of residence, he shall be considered to have lost his residence in this state, notwithstanding that he may intend to return at some indefinite future period;
(6) The residence for voting purposes of a person shall not be required to be the same as the residence for voting purposes of his or her spouse;
(7) Reserved No person shall be deemed to have gained or lost a residence by reason of such person's presence or absence while enrolled as a student at any college, university, or other institution of learning in this state;
(8) The mere intention to acquire a new residence, without the fact of removal, shall avail nothing; neither shall the fact of removal without the intention;
(9) No member of the armed forces of the United States shall be deemed to have acquired a residence in this state by reason of being stationed on duty in this state;
(10) If a person removes to the District of Columbia or other federal territory, another state, or foreign country to engage in government service, he shall not be considered to have lost his residence in this state during the period of such service; and the place where the person resided at the time of his removal shall be considered and held to be his place of residence;
(11) If a person is adjudged mentally ill and is committed to an institution for the mentally ill, he shall not be considered to have gained a residence for voting purposes in the county in which the institution to which he is committed is located; and
(12) If a person goes into another state and while there exercises the right of a citizen by voting, he shall be considered to have lost his residence in this state. (b) In determining a voter's qualification to register and vote, the registrars to whom such application is made shall consider, in addition to the applicant's expressed intent, any relevant circumstances determining the applicant's residence. The registrars taking such registration may consider the applicant's financial independence, business pursuits, employment, income sources, residence for income tax purposes, age, marital status, residence of parents, spouse and children, if any, leaseholds, sites of personal and real property owned by the applicant, motor vehicle and other personal property registration, and other such factors that the registrars may reasonably deem necessary to determine the qualification of an applicant to vote in a primary or election. The decision of the registrars to whom such application is made shall be presumptive evidence of a person's residence for voting purposes."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Adama.G
Y Adams.M Y Aiken
Alford
N Alien Y Anderson Y Atgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom

Y Bannister Y Bargeron Y Barnett.B Y Barnett.M Y Beck
Y Benefield Benn
Y Birdsong Bishop
Y Bolster Y Bostick
Branch Y Bray

Y Brooks N Brown.G Y Buck Y Burruss Y Byrd
Y Carter Y Chambless Y Chance Y Cheeks N Childers N Childs N Clark.B Y Clark.L

Y Colbert Y Coleman
Colwell Connell Y Cooper
Y Copelan Y Couch
Cox Y Crawford
Crosby Y Cummings
Daugherty Y Davis

Dean Y Dixon Y Dobbs Y Dover
Dunn
Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene

WEDNESDAY, FEBRUARY 26, 1986

1681

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 Y Lee.C
Y Lee.W Y Under Y Logan
Long YLord Y Lucas
Y Lupton Y Maddox Y Manguni Y Martin.C N Martin,J Y Matthews Y McDonald Y McKelvey Y McKinney Y Milam

Y Milford Y Moody Y Moore Y Morion Y Mostiler Y 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 N Randall Y Ransom

YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,P YRoss Y Royal Y Russell
Selman Y Shepard Y Sherrod
Sinkfield Y Sizemore Y Smith,L Y Smith.P
Smith.T Smyre YSnow Y Stancil Y Steinberg Thomas,C N Thomas,M

Y Thompson Y Townsend Y 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 Williams,R Y Wilson Wood Workman Y Yeargin Young Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 138, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 69. By Representatives Reaves of the 147th, Long of the 142nd, Royal of the 144th, Matthews of the 145th, Moody of the 153rd and Branch of the 137th:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for indemnification with respect to publicly employed emergency medical technicians who are or have been killed or permanently disabled in the line of duty
on or after January 1, 1987; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article III, Section VI, Paragraph VI of the Constitution is amended by adding a new subparagraph (c) to read as follows:
"(c) The General Assembly may provide by law for indemnification with respect to publicly employed emergency medical technicians who are or have been killed or perma-
nently disabled in the line of duty on or after January 1, 1987."

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 authorize the General Assembly to provide by law for indemnification with respect to publicly
employed emergency medical technicians who are or have been killed or permanently disabled in the line of duty on or after January 1, 1987?"

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.

1682

JOURNAL OF THE HOUSE,

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

Aaron Adams.G Y Adams.M Y Aiken Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Brooks Y Brown.G YBuck Bumiss 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
Copelan Couch YCox Y Crawford Crosby Y Cummings Daugherty Y Davis Dean Y Dixon
Y Dobbs Y Dover
Dunn Y Edwards
Y Felton Y Floyd Y Foster Y Galer YGodbee
Y Goodwin Y Greene Y Greer Y Groover
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
Johnson,S Y Kilgore Y Kingston Y Lane,D Y Lane,R
Lawler Y Lawrence
Lawson Lee.C Y Lee.W Y Under Y Logan Long YLord Y Lucas 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 Morion
Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell
Y Parham Y Parrish
Patten Peters Y 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.P YRoss Y Royal
Russell Y Selman

Y Shepard Y Sherrod
Sinkfleld Y Sizemore
Smith.L Y Smith,?
Smith.T Y Smyre YSnow 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 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, the ayes were 138, nays 0.

The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

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 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; 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 II of the Constitution is amended by adding at the end thereof a new Paragraph VI to read as follows:
"Paragraph VI. Development districts. The General Assembly may by general law provide a procedure for the creation of development districts in areas which, because of a need for commercial development or because of an unrealized potential for commercial development, ad valorem tax incentives are likely to lead to commercial development so as to promote the vitality and well-being of the political subdivisions for which such

WEDNESDAY, FEBRUARY 26, 1986

1683

development districts are created. Any such general law shall provide that a development district may be created only upon the recommendation of an agency of the executive branch of government and only with the consent of the political subdivision for which the development district is to be created. Any such general law shall provide that each development district shall be created by local law and shall authorize such local laws to grant exemptions from ad valorem taxes levied by the political subdivisions for which development districts are created. Any such general law may provide that such local laws shall not be subject to the requirements of Paragraph III of Section I of this article and of Paragraph II of this section. No person shall acquire any vested right to a tax exemption granted pursuant to this Paragraph."

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 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?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M Y Aiken
Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron
Y Barnett,B Y Barnett,M
Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G YBuck
Burruss
YByrd Y Carter
Chambless

Y Chance Y Cheeks Y Childers
Childs Y Clark,B Y Clark.L Y Colbert Y Coleman
Colwell Connell Y Cooper Y Copelan Y Couch
YCox Y Crawford Y Crosby Y Cummings
Daugherty Y Davis YDean Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer
N 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 N Lane,D N Lane.R N Lawler Y Lawrence Y Lawson Y Lee,C YLee.W Y Under
Y Logan Long

YLord Y Lucas Y Lupton Y Maddox
N Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey Y McKinney Y Milam 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
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 NRoss Y Royal Y Russell
Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith,P
Y Smith.T YSmyre YSnow 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

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JOURNAL OF THE HOUSE,

Y Wall Y Ware Y Watson

Y Watts White
Y Wilder

Y Williams,B Y Williams,J Y Williams,R

Y Wilson Y Wood Y Workman

Y Yeargin Y Young
Murphy.Spkr

On the adoption of the Resolution, the ayes were 159, nays 6.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

The Speaker assumed the Chair.

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 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 academic standards in order to be eligible to participate in certain extracurricular activities.

Representative Hasty of the 8th moved that HB 1274 be recommitted to the Committee on Education.
The motion prevailed.

The following Resolution of the House was read:

HR 849. By Representative Dunn of the 73rd:
A resolution urging the University of Georgia Athletic Association to reimburse the University System of Georgia for any damages the university system may have to pay as a result of the lawsuit filed by Ms. Jan Kemp against two administrators in the Developmental Studies Program at the University of Georgia.

By unanimous consent, further consideration of HR 849 was postponed until the Clerk could have it printed and distributed.

By unanimous consent, all House Bills and Resolutions passed today were ordered immediately transmitted to the Senate.

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.

THURSDAY, FEBRUARY 27, 1986

1685

Representative Hall, Atlanta, Georgia Thursday, February 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 roll call was ordered and the following Representatives answered to their names:

Aaron
Adams.M Aiken Alien Anderson Argo Athon Atkins
Auten Bailey
Balkcom
Bannister Bargeron Barnett.B Barnett.M
Beck Benefield Benn Birdsong Bolster
Bostick Branch Brooks Brown.G Burruss
Carter
Chambless Chance

Cheeks Childers Childs Clark,B Clark.L Coleman Connell
Copelan
Cox
Crawford Crosby Cummings Da vis Dixon Dover Dunn Edwards Floyd Galer Godbee Goodwin Greene Greer Groover Hamilton Harris
Hasty Hays

Heard Holcomb Hooks Home Jackson ,J Jackson.N Johnson,D Johnson,F JohnsontR Kilgore Kingston Lane.D
Lane.R Lawrence Lawson
Lee.C Lee,W
Linder
Logan Long Lord Lupton Maddox Mangum Martin,C Martin,J Matthews McDonald

McKelvey McKinney Moody Moore Morton Mostiler Moultrie Mueller Oliver.C Padgett Pannell Parham Parrish Peters Pettit Phillips Porter Rainey Ramsey.T Randall Ransom Ray
Redding Richardson Robinson.P Ross

Royal Russell Selman Sherrod Sinkfield Sizemore Smith,!. Smith.P
Snow Stancil Thomas,M Townsend Twiggs Waddle Waldrep
Walker.C Walker.L Wall
Watson
Watts
Williams,B Williams,J
Williams.R
Wilson
Wood
Workman
Yeargin

Prayer was offered by the Reverend Earnie Pirkle, Pastor, First Baptist Church, Sylvester, 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.

1686

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:

HB 2059. By Representative Williams of the 48th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to prohibit the use of certain medical equipment in the performance of circumcisions; to provide for all related matters.
Referred to the Committee on Health & Ecology.

HB 2060. By Representative Maddox of the 7th:
A bill to create a board of commissioners of Gordon County; to provide for a chairman of the board; to provide for the election, oath, bond, powers, and duties of board members and for all other related matters; to repeal a specific Act; to provide for a referendum.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2061. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Lumpkin 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.

HB 2062. By Representative Dixon of the 151st:
A bill to amend an Act creating a board of commissioners for Ware County, so as to provide for the governing authority of Ware County.
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 2050 HB 2051 HB 2052 HB 2053 HB 2054 HHBB 22005556 HB 2057
HB 2058
SB 341 SB 358
SB 457

SB 540 SB 544 SB 553 SB 565 CD r 7Q SB 5,8*0
bts 583
SR 375
SR 427
SR 436
SR 438

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 and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:

THURSDAY, FEBRUARY 27, 1986

1687

SB 302 Do Pass SR 281 Do Pass, as Amended

Respectfully submitted, M 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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 496 Do Pass SB 536 Do Pass
Respectfully submitted, /s/ Watson of the 114th
Chairman

Representative Jackson of the 9th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 331 Do Pass
Respectfully submitted, /s/ Jackson of the 9th
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 356 Do Pass SB 449 Do Pass
Respectfully submitted, /s/ Dixon of the 151st
Chairman

Representative Randall of the 101st District, Vice-Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

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JOURNAL OF THE HOUSE,

Your Committee on Special Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 476 Do Pass
Respectfully submitted, /s/ Randall of the 101st
Vice-Chairman

Representative Bolster of the 30th District, Vice-Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 380 Do Pass, by Substitute
Respectfully submitted, /s/ Bolster of the 30th
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 Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1627 Do Pass HB 1955 Do Pass HB 1976 Do Pass HB 1990 Do Pass, by Substitute HB 2004 Do Pass HB 2006 Do Pass HB 2007 Do Pass HB 2008 Do Pass HB 2009 Do Pass HB 2010 Do Pass HB 2011 Do Pass
HB 2012 Do Pass HB 2013 Do Pass, as Amended HB 2014 Do Pass, by Substitute
HB 2016 Do Pass
HB 2017 Do Pass HB 2018 Do Pass
HB 2019 Do Pass HB 2020 Do Pass
HB 2021 Do Pass HB 2022 Do Pass
HB 2023 Do Pass
HB 2024 Do Pass HB 2025 Do Pass

HB 2026 Do Pass HB 2027 Do Pass HB 2028 Do Pass HB 2029 Do Pass HB 2030 Do Pass HB 2031 Do Pass HB 2032 Do Pass HB 2033 Do Pass HB 2034 Do Pass HB 2035 Do Pass HB 2036 Do Pass HB 2037 Do Pass HB 2038 Do Pass HB 2039 Do Pass HB 2040 Do Pass
HB 2041 Do Pass HB 2042 Do Pass
HB 2043 Do Pass
HB 2044 Do Pass HB 2045 Do Pass
HB 2046 Do Pass SB 452 Do Pass, by Substitute
SB 572 Do Pass

THURSDAY, FEBRUARY 27, 1986

1689

Respectfully submitted, Is/ 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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 465 Do Pass, by Substitute
Respectfully submitted, /s/ Wilson of the 20th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 27, 1986
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 34th Legislative Day as enumerated below:
HR 715 Property Damage By Deer Study Committee: Create
SB 309 Deprived Child: Detention Hearing: Time Limitation SB 328 Annexation: Municipal Corp.: Independent School Systems SB 339 Criminal Procedure: Dismissal of Action: Cost Assessment SB 340 Magistrate Courts: Amend Provisions SB 342 Probate Court Judges: Retirement: Time For Payments SB 368 State Examining Boards: Sanction Businesses Without Licenses SB 385 Civil Cases: Pleading: Required Signature SB 405 Superior Court Clerks: Minimum Salary SB 416 Local Boards of Ed: Parties Right To Appeal Decision SB 417 Private Property: Uniform Rules of Road: Enforcement SB 421 Abandoned Wells: Counties: Authorization To Cover, Etc. SB 429 Federal Grant Programs: Contract With Other States SB 436 Correctional Institutions: Deputize Certain Persons SB 473 Employment Security Law: Security Bonds For Employers
SR 330 St. Children's Trust Fund: Create-CA
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:

1690

JOURNAL OF THE HOUSE,

HB 1627. By Representative Benn of the 38th:
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 Atlanta to incur bonded indebtedness to the extent of $45 million for school facilities and equipment without 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.

HB 1955. By Representatives Yeargin of the 14th, Clark of the 13th and Milford of the 13th:
A bill to amend an Act creating and incorporating the City of Comer, so as to change the term of office of the mayor.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1976. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to change provisions relating to the compensation of the tax commissioner; to increase the amount payable for help in that office.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1990. By Representative Sizemore of the 136th:
A bill to provide for the election of a chairman and four members of the Worth County Board of Education; to provide the manner of election; to provide for education districts.

The following Committee substitute was read and adopted:

A BILL
To provide for the election of a chairman and four members of the Worth County Board of Education; to provide the manner of election; to provide for education districts; to provide for filling vacancies; to provide for eligibility; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Worth County Board of Education shall consist of a chairman and four additional members. The chairman shall be elected by a majority vote of the voters voting from the Worth County School District at large, and the other four members shall

THURSDAY, FEBRUARY 27, 1986

1691

be elected from education districts by a majority vote of the voters voting from each district. The chairman and district members of the board shall serve for a term of four years and until their successors are elected and qualified. For the purpose of electing the four district members of the board, Worth County shall be divided into four education districts as follows:
Education District No. 1
Worth Tract 9902 Those parts of Blocks 240 and 241 inside the City of Sylvester Blocks 242 through 290 Those parts of Blocks 291 and 292 inside the City of Sylvester Tract 9903 Blocks 101 through 123 Those parts of Blocks 126 and 129 inside the City of Sylvester Blocks 130 through 172 and 174 through 176 Those parts of Blocks 177 and 211 inside the City of Sylvester Blocks 212 through 220 That part of Block 221 inside the City of Sylvester Tract 9904 Blocks 235 through 239 That part of Block 240 inside the City of Sylvester Blocks 241 through 281 That part of Block 282 inside the City of Sylvester
Education District No. 2
Worth Tract 9901 Blocks 234 through 247, 256 through 299, 301 through 317, 319 through 335, and 337 through 399 Block Group 4 Tract 9904 Block Group 1 Blocks 201 through 205, 207 through 232, and 234 Those parts of Blocks 240 and 282 outside the City of Sylvester Blocks 283 through 299, 301 through 314, 335, 336, 342, and 344
Education District No. 3
Worth Tract 9901 Block Group 1 Blocks 201 through 233, 248 through 255, and 318 Tract 9902 Block Group 1 Blocks 202 through 239

1692

JOURNAL OF THE HOUSE,

Those parts of Blocks 240, 241, 291, and 292 outside the City of Sylvester
Blocks 293 through 299 Block Group 3
Education District No. 4
Worth That part of Tract 9903 outside the City of Sylvester Tract 9904 Blocks 315 through 317, 319 through 321, 323 through 334, 337 through 341, 343, and 345 through 392 Block Groups 4 and 5
Section 2. From and after the effective date of this Act, no member of the Worth County Board of Education shall be appointed by the grand jury. The existing board of education shall continue in existence until such time as their successors shall be appointed or elected as provided in this Act. No term of a present member of the board shall be shortened or terminated by this Act.
Section 3. At the general election in 1988 and each four years thereafter, board members shall be elected from Education Districts No. 2 and No. 3 to represent the seats presently held by board members Bryan and Moore, respectively. At the general election in 1990 and each four years thereafter, the chairman and the board members from Education Districts No. 1 and No. 4 shall be elected to represent the seats presently held by Willis, Crapps, and Whitman, respectively. All elected board members shall take office on the first day of January immediately following their election.
Section 4. Any vacancy occurring on the board between the effective date of this Act and the time specified herein for such post to be filled by election of the voters shall be filled by the board of education as constituted at the time such vacancy occurs and whether such vacancy occurs by expiration of term, resignation, or otherwise.
Section 5. Should a vacancy occur in any post on the board of education after such post has been first filled by an election as provided by this Act, then the vacancy for the remainder of the unexpired term shall be filled as follows:
(1) If more than two years shall remain on such unexpired term and the vacancy occurs more than 30 days preceding the next general election, the vacancy shall be filled for the unexpired term by the voters at the next succeeding general election; provided, however, that the board of education shall make an interim or temporary appointment of a member to fill the post until such time as the member elected to fill the unexpired term shall take office.
(2) In all other instances, the vacancy shall be filled by the board of education as then constituted for the entire remainder of the unexpired term; provided, however, that any person appointed by the board shall meet all the qualifications for membership on the board.
Section 6. In the event a member elected to represent an education district removes his residence from the education district, the office shall not be declared vacant and the member shall be qualified to serve the full term to which he was elected.
Section 7. Until the chairman is elected by the voters and qualified as provided in this Act, a chairman shall be elected annually by the members of the board then sitting.
Section 8. To be eligible for service on the board of education and to be eligible to offer as a candidate for election to the board, a person must meet the following requirements:
(1) Be a citizen of Georgia who has resided in Worth County, Georgia, for two years immediately preceding his qualification as a candidate and resided within the

THURSDAY, FEBRUARY 27, 1986

1693

education district he seeks to represent for one year immediately preceding his qualification as a candidate for the office;
(2) Be a registered voter qualified to vote for members of the General Assembly of Georgia and be at least 21 years of age;
(3) Not be the holder of any other public elective office; (4) Have at least a high school education and be of good moral character; (5) Possess such other qualifications as required by law.
Section 9. After the approval of this Act by the Governor or it otherwise becomes law without such approval, it shall be the duty of the election superintendent of Worth County to issue the call for an election for the purpose of submitting this Act to the electors of Worth County for approval or rejection. The election superintendent shall set the date of such election to coincide with the date of the general election to be held in 1986. The election superintendent shall issue the call for such election at least 30 days prior to the date thereof. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act providing for education districts and providing for the election of the members and chairman of the Worth County Board of Edu-
( ) NO cation be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Worth County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 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 substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 2004. By Representative Russell of the 64th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Barrow County during designated registration periods as provided in Code Section 40-2-20.1 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2006. By Representatives Williams of the 6th, Foster of the 6th and Ramsey of the 3rd:
A bill to amend an Act creating the board of commissioners of Whitfield County, so as to change the composition and method of election of the board of commissioners of Whitfield County.

1694

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 2007. By Representative Cummings of the 17th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Rockmart Development Authority (Res. Act No. 48).

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2008. By Representative Greene of the 130th:
A bill to amend an Act creating a new charter for the City of Richland in the County of Stewart, so as to include certain property in the corporate limits 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 2009. By Representatives Twiggs of the 4th, Jamieson of the llth, Colwell of the 4th and Dover of the llth:
A bill to amend an Act providing for an investigator for the District Attorney of the Mountain Judicial Circuit, so as to change the provisions relating to the compensation of the investigator.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2010. By Representative Carter of the 146th:
A bill to provide for the election of the members of the Cook County Board of Education; to provide for election districts; to provide for election of the 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.

THURSDAY, FEBRUARY 27, 1986

1695

HB 2011. By Representative Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Cook County, so as to provide for the election of a five-member board of commissioners; to provide for commissioner 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 2012. By Representatives Isakson of the 21st, Johnson of the 21st, Wilson of the 20th, Burruss of the 20th, Wilder of the 21st and others:
A bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, so as to provide for the appointment of 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 2013. By Representative Royal of the 144th:
A bill to amend an Act providing a new charter for the City of Pelham, so as to provide for the election and terms of the mayor and council members; to provide for districts and election from districts; to provide for residency requirements.

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs moves to amend HB 2013 by inserting on line 24 of page 2 between "north" and "of the following:
"or west".
By inserting on line 26 of page 2 between "south" and "of the following:
"or east".

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 2014. By Representative Royal of the 144th:
A bill to amend an Act providing a new charter for the City of Pelham, so as to provide for the election and terms of office of the board of education of the public school system of the city; to provide for residency requirements.

1696

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing a new charter for the City of Pelham, approved March 11, 1977 (Ga. L. 1977, p. 3034), so as to provide for the election and terms of office of the board of education of the public school system of the city; to provide for districts and election from districts; to provide for residency requirements; to provide for the number of members; to provide that the mayor shall not be a member; to provide for an election day; to change the terms of the present board members; to provide that primaries shall not be held; to provide for election by plurality voting; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing a new charter for the City of Pelham, approved March 11, 1977 (Ga. L. 1977, p. 3034), is amended by inserting between Articles VI and VII a new article, to be designated Article VI-A, to read as follows:
"Article VI-A Specific Boards and Commissions
Section 6A.10. City of Pelham public school system, (a) The City of Pelham public school system existing on the date immediately preceding the effective date of this Act is continued in existence. Said system shall continue to be controlled by a board of education. For the purpose of electing the members of the board of education, the City of Pelham school district is divided into two districts to be known as District 1 and District 2. The dividing line between the districts shall be as follows:
COMMENCING at the intersection of the west city limit boundary with Hand Avenue, run thence along Hand Avenue in an easterly direction to Mize Street, run thence in a northerly direction along Mize Street to A Street, run thence in an easterly direction along A Street to School Street, run thence in an easterly direction along School Street to Hurst Street, run thence in a southerly direction along Hurst Street to Church Street; run thence in a northerly direction along Church Street to Rome Street, run thence in a southerly direction along Rome Street to West Railroad Street, run thence in a southerly direction along West Railroad Street to Upson Street, run thence in an easterly direction along Upson Street to Glausier Street, run thence in a northerly direction along Glausier Street until said street intersects with northern city limits boundary. (b) All property lying to the north or west of the dividing line within the corporate boundaries shall be part of District 1. All property lying to the south or east of the dividing line within the corporate boundaries shall be part of District 2. Properties annexed into the corporate limits shall accordingly be classified as a portion of the respective district into which such properties fall based upon the line of demarcation. (c) Until the city election in 1987, the board shall be composed of six members and the mayor of the city. Commencing with the election in 1987 and thereafter, the board shall be composed of seven members and the mayor shall no longer be a member of the board. Three board members shall be elected from District 1, and four board members shall be elected from District 2. Members of the board shall be elected for a term of two years and until their successors are elected and qualified. Only those persons residing within a district shall be qualified to vote for members of the board of education from such district. (d) No person may offer for election to the board unless such person resides in the district from which he offers for election. A board member elected from a district must continue to reside in the district during the term of office. The qualifications for candidates for the board of education shall otherwise be the same as for the city council. (e) Elections for members of the board of education shall be held annually on the second Tuesday in January at the city elections.

THURSDAY, FEBRUARY 27, 1986

1697

(f) (1) At the election held in 1987 and biennially thereafter, there shall be elected two board members from District 1 and two board members from District 2. Such members shall hold office for terms of two years and until their successors are elected and qualified.
(2) At the election held in 1988 and biennially thereafter, there shall be elected one board member from District 1 and two board members from District 2. Such members shall hold office for terms of two years and until their successors are elected and qualified.
(3) Members of the board holding office on the effective date of this Act shall serve for the period of time specified in this paragraph. The terms of office being served on the effective date of this Act by Rhonda McBee, Hope Sapp, and William Twitty shall expire upon the election and qualification of board members elected at the election held in 1987. The terms of office being served on the effective date of this Act by Kenneth West, Phillip Strickland, and Marlene Bishop shall expire upon the election and qualification of board members elected at the election held in 1988. (g) Members of the board shall assume the duties of office at the first regular meeting of the board in February following their election. (h) (1) Pursuant to Code Section 21-3-95 of the O.C.G.A., elections shall be nonpartisan, and there shall be no primary elections.
(2) Pursuant to Code Section 21-3-407 of the O.C.G.A., elections shall be by plurality vote. (i) All other rules, regulations, and ordinances affecting the board not inconsistent with this section are continued in effect until otherwise modified or repealed."
Section 2. As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, but in no event later than November 4, 1986, and under the general laws of this state, the election superintendent of the City of Pelham shall call and conduct an election for the purpose of submitting this Act to the electors of the city for approval or rejection. 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 Mitchell County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides for the election and terms of the board of education of the public school system for the City of
( ) NO Pelham?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section on or before November 4, 1986, the Act shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section or on November 5, 1986, whichever date is earlier.
The expense of such election shall be borne by the City of Pelham. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

1698

JOURNAL OF THE HOUSE,

HB 2016. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act creating a board of commissioners for Habersham County, so as to change the compensation of the chairman and 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 2017. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act placing the clerk of the Superior Court of Bulloch County on an annual salary, so as to change the compensation of the employees of the clerk.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2018. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act placing the judge of the Probate Court of Bulloch County upon an annual salary, so as to change the compensation of the clerk of the judge of the probate court; to provide for part-time 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.

HB 2019. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act creating the office of tax commissioner of Bulloch County, so as to change the compensation of the assistants of the tax commissioner; to provide for part-time clerical 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.

HB 2020. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act placing the coroner of Bulloch County on an annual salary, so as to change the compensation of the coroner; to provide for travel expenses.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

THURSDAY, FEBRUARY 27, 1986

1699

On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2021. By Representatives Watts of the 41st, Kilgore of the 42nd and Lee of the 70th:
A bill to amend an Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, 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.

HB 2022. By Representative Smith of the 78th:
A bill to amend an Act creating a board of commissioners of Butts County, so as to provide for the selection of a vice chairman to act in the absence of the chairman; to provide for vacancies if members move their residence from the district from which they were 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.

HB 2023. By Representative Edwards of the 112th:
A bill to amend an Act providing for education districts for the election of members of the board of education of Marion County, so as to provide for the manner of electing the first and subsequent members of the board of education of Marion 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 2024. By Representative Edwards of the 112th:
A bill to amend an Act creating a board of commissioners of Marion County, so as to reapportion the commissioner districts in said county; to provide for the election of members of the board of commissioners from commissioner 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.

1700

JOURNAL OF THE HOUSE,

HB 2025. By Representatives Chambless of the 133rd, Balkcom of the 140th and Young of the 134th:
A bill to amend an Act creating the Dougherty Judicial Circuit, so as to change the county supplements for the judges of that 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 ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2026. By Representatives Chambless of the 133rd, Balkcom of the 140th and Young of the 134th:
A bill to amend an Act creating the State Court of Dougherty County, formerly known as the City Court of Albany, so as to change provisions concerning costs and 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 2027. By Representatives Chambless of the 133rd, Balkcom of the 140th and Young of the 134th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Dougherty County during designated registration periods as provided in Code Section 40-2-20.1 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2028. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
A bill to increase the homestead exemption from county ad valorem taxes for residents of Clayton County who own and occupy their residences; to increase the homestead exemption from county ad valorem taxes for residents of Clayton County who are 65 years of age or over and who own and occupy their residences if the net income of said residents does not exceed $4,000.00 for the immediately preceding taxable 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.

THURSDAY, FEBRUARY 27, 1986

1701

HB 2029. By Representatives Lee of the 72nd, Johnson of the 72nd, Bailey of the 72nd, Holcomb of the 72nd and Benefield of the 72nd:
A bill to provide that the term of office of the chairman of the board of education of Clayton County shall be two years; to provide that the chairman shall be eligible for reelection to subsequent terms of office; to provide for filling vacancies in the office of 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 2030. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act changing the composition of and manner of selection of the members of the board of education of Clayton County, so as to change the method of filling vacancies on 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 2031. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the method of selecting the vice-chairman; to change the compensation of the chairman and other 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 2032. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, so as to change the county supplement to the state salary of said judges.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2033. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:

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JOURNAL OP THE HOUSE,

A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2034. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers; to change the compensation of the deputy clerk of the 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 2035. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act creating the State Court of Clayton County, so as to create the office of deputy clerk of the State Court of Clayton County; to authorize the clerk of the State Court of Clayton County to appoint and fix the compensation of said deputy clerk.

The following substitute, offered by Representatives Bailey of the 72nd, Holcomb of the 72nd, Lee of the 72nd, Benefield of the 72nd and Johnson of the 72nd, was read and adopted:

A BILL
To amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4458) and particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4462), so as to create the office of deputy clerk of the State Court of Clayton County; to authorize the clerk of the State Court of Clayton County to appoint and fix the compensation of said deputy clerk; to provide for the qualifications and oath of office of said deputy clerk; to provide that said deputy clerk shall not be subject to the provisions of the "Clayton County Civil Service System Act"; to change the compensation of the judge and solicitor of said court; to provide that all fines, forfeitures, and moneys arising from cases in said court shall be collected by the clerk of said 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. An Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4458) and particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4462), is amended by adding a new Section 1A, immediately following Section 1, to read as follows:

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"Section 1A. There is created an office in Clayton County to be known as deputy clerk of the state court, and the clerk of the State Court of Clayton County is authorized to appoint the deputy clerk of the state court. The deputy clerk of the state court shall serve at the pleasure of the clerk of the state court and may be removed from office by the clerk of the state court. The deputy clerk of the state court shall have the same authority granted to clerks of the state court by the laws of this state when acting on behalf and at the direction of the clerk of the State Court of Clayton County. The qualifications of the deputy clerk of the state court shall be the same as those prescribed for the clerk of the state court, and such person shall be required to take the same oath of office as the clerk of the state court after appointment and before assuming the duties of office. The deputy clerk of the state court shall receive a salary to be fixed in the discretion of the clerk of the state court in an amount not to exceed $24,000.00 per annum, payable in equal monthly installments out of the funds of Clayton County. The deputy clerk of the state court shall not be subject to the provisions of the 'Clayton County Civil Service System Act,' approved April 2, 1963 (Ga. L. 1963, p. 2747), as now or hereafter amended."
Section 2. Said Act is further amended by striking from Section 3 the following: "$48,355.00", and substituting in lieu thereof the following: "$50,775.00", so that when so amended Section 3 shall read as follows: "Section 3. Judges' salaries. Each judge of the State Court of Clayton County shall receive a salary of $50,775.00 per annum which shall be paid monthly by the board of commissioners of Clayton County. The judges of the State Court of Clayton County shall receive no other compensation for serving as judges of said court, and they shall not engage in the private practice of law in any capacity during their tenure as judges of said court, and they shall not be eligible to hold any other public office while serving as judges of said court. The salary of each judge shall be paid out of the general funds of Clayton County."
Section 3. Said Act is further amended by striking from Section 6 the following: "$35,280.00", and substituting in lieu thereof the following: "$37,045.00", so that when so amended Section 6 shall read as follows: "Section 6. Salary of solicitor. The salary of the solicitor of said court shall be $37,045.00 per annum payable in equal monthly installments by the board of commissioners out of the general funds of Clayton County. The solicitor of said court shall receive no other compensation for serving as solicitor of said court and shall not engage in the private practice of law in any capacity during his tenure as solicitor of said court and shall not be eligible to hold any other public office while serving as solicitor of said court."
Section 4. Said Act is further amended by striking Section 25 in its entirety and substituting in lieu thereof a new Section 25 to read as follows:
"Section 25. Fines and forfeitures. All fines, forfeitures, and moneys arising from cases in the State Court of Clayton County shall be collected by the clerk of said court and deposited in the name of the county in the county depository on or before the tenth day of the month following the month in which they were collected or received. At the time of each such monthly deposit in the county depository, the clerk of said court shall make and deliver to the clerk of the county commissioners an itemized statement of the sources of said moneys and the duplicate deposit slips."
Section 5. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

1704

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 2036. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relative to the compensation of the tax commissioner; to change the provisions relative to the compensation of the deputy 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 2037. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act providing for the compensation and expenses of the coroner of Clayton County, 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.

HB 2038. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2039. By Representatives Bailey of the 72nd, Benefield of the 72nd, Lee of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
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 and school superintendent of Clayton County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

THURSDAY, FEBRUARY 27, 1986

1705

On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2040. By Representatives Bailey of the 72nd, Benefield of the 72nd, Lee of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
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 creation of a civil service system for all persons other than elected officials whose wages or salaries are paid in whole or part out of the funds of Clayton 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 2041. By Representatives Bailey of the 72nd, Benefield of the 72nd, Lee of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
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 licensing and regulation of businesses in the unincorporated areas of Clayton 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 2042. By Representatives Bailey of the 72nd, Benefield of the 72nd, Lee of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
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 empower the governing authority of Clayton County to adopt ordinances and to provide penalties for violating ordinances.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2043. By Representatives Bailey of the 72nd, Benefield of the 72nd, Lee of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes Clayton County to incur additional indebtedness and issue bonds for the purpose of establishing a system of waterworks and sewerage.

1706

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 2044. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and others:
A bill to amend an Act establishing a new charter for the City of College Park, so as to annex certain contiguous property into the corporate limits of said 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 2045. 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 change certain provisions relating to the creation of the authority; to change certain provisions relating to the issuance of revenue bonds; to change certain provisions relating to the negotiability of 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 2046. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act placing the sheriff of Bulloch County upon an annual salary, so as to change the compensation of the deputies and office clerk of the sheriff; to authorize the sheriff to expend county funds in excess of certain limitations with the approval of the board of county commissioners in order to comply with the overtime pay provisions of the federal Fair Labor Standards 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.

SB 452. 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. 3541), as amended, so as to deannex and exclude certain property from the city.

The following Committee substitute was read and adopted:

THURSDAY, FEBRUARY 27, 1986

1707

A BILL
To amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, so as to deannex and exclude certain property from the city; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, is amended by adding at the end of Section 1.4 thereof the following:
"Any other provision of this Section to the contrary notwithstanding, the following described property is hereby deannexed and excluded from the corporate limits of the City of Marietta:
Tract Number 1
All that tract and parcel of land in the southwest corner and south side of original Land Lot No. 114 of the 19th District, 2nd Section, Cobb County, Georgia, and beginning at the southwest corner of said land lot, and running thence North along the original west line of said lot, running North 58 minutes East, a distance of 661.19 feet; thence south 64 degrees 22 minutes east a distance of 1520.24 feet to the southeast corner of said lot; thence south 89 degrees 51 minutes west along south line of said lot a distance of 1381.21 feet to beginning point for description of this parcel, which contains 10.48 acres, and is bounded north and east by other lands of first parties; south by lands of the John Hancock Mutual Life Insurance Company; and west by lands of T. L. or Lawrence Manning.
Tract Number 2
All that tract and parcel of land, lying and being in the southwest corner of original land lot No. 184 of said 19th District and 2nd Section in Cobb County Georgia, and beginning at the southwest corner of said land lot and run thence North 56 minutes east along west line of said lot, a distance of 684.76 feet; thence south 89 degrees 04 minutes east a distance of 666.28 feet; thence south 1 degree and 06 minutes west 680.44 feet to south line of said lot; thence along the south line of said lot, running north 89 degrees 26 minutes west a distance of 664.47 feet to beginning point. This tract containing 10.43 acres, and is bounded North and East by other lands of parties of the First Part; south and west by lands of John Hancock Mutual Life Insurance Company.
Tract Number 3
All that certain parcel of land being a part of land lot No. 249 of the 20th District, 2nd Section, of Cobb County, Georgia, containing 53.50 acres, more or less, of land and described by metes and bounds as follows: BEGINNING at a point in the S line of said land lot 249 1328.61 feet westerly from the southeast corner of said lot; thence north 1 degree 47 minutes east 2,526.18 feet to a point; thence north 79 degrees 38 minutes east 314.69 feet to a point; thence south 8 degrees 40 minutes east 285.55 feet to a point; thence south 6 degrees 10 minutes east 313 feet to a point; thence south 2 degrees 11 minutes west 297.83 feet to a point; thence south 6 degrees 10 minutes west 282.23 feet to a point; thence south 88 degrees 58 minutes east 960 feet to a point in the east line of said land lot; thence along the said east line of said lot south 2 degrees 12 minutes west 1,428.87 feet to a point being the southeast corner of said lot 249, and thence along the southerly line of said lot north 88 degrees 26 minutes west 1,328.61 feet to the point of beginning.
Tract Number 4
All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: Land Lots Nos. 937 and 1008 in the 16th District and 2nd Section of Cobb

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County, Georgia; containing 88.66 acres; also 10 acres, more or less, of land lot No. 248 in the 20th District and 2nd Section of said County, beginning at the southeast corner of said lot and running due north 48 rods; thence west for a distance of 34 rods; thence south 48 rods to the original south line of said lot; thence east along the said south line of said lot 34 rods to the point of beginning; said 10 acres being on and containing the top or summit of Kennesaw Mountain. Said tract containing in the aggregate 98.66 acres.
Tract Number 5
All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: Beginning at the NW corner of land lot No. 285 of the 20th District and 2nd Section of Cobb County, Georgia, and running South 0 degrees 19 minutes west, a distance of 1248 feet to the property of A. J. Rogers; thence east a distance of 1106 feet to the District line between the 16th and 20th Districts; thence north along said District line 1248 feet to the NE corner of said lot; thence north 89 degrees and 15 minutes west, a distance of 1106 feet to the beginning point, containing 37.8 acres. Also all of land lot No. 1009 in the 16th District and 2nd Section of Cobb County, Georgia; beginning at the SW corner of said lot and running north along the District line a distance of 1121 feet, more or less, to the NW corner of said lot; thence east along the north line of said lot to the NE corner; thence east 1380 feet; thence south 1128 feet to the SE corner; thence west along the south line of said lot 1380 feet to the beginning point, containing 35.5 acres.
Tract Number 6
All the certain parcel of land situate in Cobb County, State of Georgia, described as follows: 86 acres of land lot No. 284 of the 20th District and 2nd Section of Cobb County, Georgia, beginning at the SW corner of land lot No. 284 of the 20th District and 2nd Section and running north 1230 feet to a rock wall, said rock wall being the line between the property herein described and the property of Mrs. Rynyan*; thence running east 1360 feet to the top of Little Kennesaw Mountain; thence north 44 degrees and 38 minutes, east, a distance of 90 feet, thence north 67 degrees and 58 minutes, a distance of 270 feet; thence north 31 degrees and 28 minutes, a distance of 178.5 feet; thence north 9 degrees and 28 minutes east, a distance of 233 feet, thence north 23 degrees and 58 minutes east, a distance of 529.5 feet; thence north 51 degrees and 28 minutes east, a distance of 529.5 feet; thence north 63 degrees and 20 minutes east, a distance of 173 feet to the NE corner of land lot No. 284; thence south along said lot line for a distance of 450 feet; thence west 208.7 feet; thence south 0 degrees and 19 minutes west, a distance of 2250 feet to the south line of land lot No. 284; thence west along said land line a distance of 1654 feet to a marble post; thence north 86 degrees and 58 minutes west a distance of 991 feet to the point of beginning, containing 86 acres, more or less.
Tract Number 7
All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: 20 acres, more or less, off the South side of Land Lot No. 938 in the 16th District and 2nd Section of Cobb County, Georgia, being all of said lot lying south of the old private roadway leading up Big Kennesaw Mountain in a westerly direction; containing 20 acres, more or less.
Tract Number 8
All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: 20 acres, more or less, of Land Lot No. 938 in the 16th District and 2nd Section of Cobb County, Georgia, being all of said lot lying north of the old roadway leading to the summit of Big Kennesaw Mountain. Also 27 '/2 acres, more or less, of Land Lot No. 935 in the 16th District and 2nd Section of Cobb County, Georgia, being all of that portion lying south and west of the Cassville Public Road. Also 2

THURSDAY, FEBRUARY 27, 1986

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acres, more or less, of Land Lot No. 939, being the NW corner thereof, and being all of that portion of said lot lying north of private road leading from Marietta-Acworth Road to top of Kennesaw Mountain and west of said Marietta-Acworth Road, said 2 acres being triangular in shape and having located thereon the home place of E. D. C. Hames, all of said land lying and being in one contiguous body in the 16th District and 2nd Section of Cobb County, Georgia, and containing in the aggregate 49 Vi acres, more or less.
Tract Number 9
All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: 12.44 acres out of the SE corner of Land Lot No. 936 of the 16th District and 2nd Section, and 37.56 acres of Land Lot No. 248 of the 20th District and 2nd Section of Cobb County, Georgia, and described as follows: Beginning at a point on the district line (between the 16th and 20th Districts) 792 feet to the SE corner of and running north along said district line 1,497 feet to the SW corner of Land Lot No. 936 of the 16th District and 2nd Section; thence north 88 degrees and 55 minutes east 1,445 feet to the SE corner of said lot; thence 1 degree and 18 minutes east 750 feet along the east line of Land Lot No. 936; thence south 62 degrees and 20 minutes west, 1,655 feet to the SW corner of said Lot No. 936 of the 16th District; thence south 88 degrees and 55 minutes west, 300 feet; thence south 38 degrees and 45 minutes west 1,280 feet to a point on the west line of Lot No. 248 of the 20th District; thence south 0 degree and 20 minutes west 1,278 feet to the SW corner of Lot No. 248; thence south 89 degrees and 15 minutes east along the south line of Lot No. 248; a distance of 536 feet; thence north 792 feet; thence south 89 degrees and 15 minutes east 550 feet to the above described district line and the beginning point. The above described property is situated on the northern side of Kennesaw Mountain, and contains in the aggregate 50 acres, more fully described by plat of W. W. McCulloch, C.E., March 4th, 1924.
Tract Number 10
All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: 15 acres of Land Lot No. 285 of the 20th District, 2nd Section, and 10 acres of Land Lot No. 284, said District and Section, and described as follows: Beginning at the SW corner of Land Lot No. 285 and running east 564 feet to the land of Ned Jenkins; thence north 0 degrees and 19 minutes east, 1,182 feet to the property of Gus Dickerson; thence west 555 feet to the West line of Land Lot No. 285; thence south 0 degrees and 19 minutes west along said line to the beginning point, containing 15 acres. Also beginning at the SE corner of Land Lot No. 284, and running north 0 degrees and 19 minutes east, 2,087 feet; thence west 208.7 feet; thence south 0 degrees and 19 minutes west, 2,087 feet to the south line of said Lot No. 284; thence east along said south line 208.7 feet to beginning point, containing 10 acres, and being a strip of land running north and south, one acre wide and 10 acres long, containing 25 acres, more or less.
Tract Number 11
All that tract or parcel of land lying and being in Land Lot Number 247 of the 20th District, 2nd Section of Cobb County, Georgia, and more particularly described as follows: beginning at a point formed by the intersection of the north side of U.S. Highway 41, known as the Dixie Highway, with the western line of Land Lot 247, and running thence north 2 degrees 11 minutes east 35.20 feet to a point; thence north 51 degrees 25 minutes east a distance of 412.46 feet to a point; thence north 64 degrees 13 minutes east a distance of 140.80 feet to the center of the old Marietta and Kennesaw Road; thence south 64 degrees, 06 minutes east a distance of 66.33 feet to a point; thence south 35 degrees 31 minutes east a distance of 161.55 feet to a point; thence south 20 degrees 51 minutes east a distance of four hundred fifty-eight and fifty-four hundredths (458.54) feet to a point on the north side of the said highway

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right-of-way; thence north 72 degrees 57 minutes west along the north side of said highway right-of-way a distance of 802.43 feet to the point of beginning. Said tract containing 5.17 acres, and is more particularly shown in a plat of the property of E. R. Hunt, located in the 20th District, 2nd Section of Cobb County, Georgia surveyed March, 1936, by John H. Saxon, Assistant Topographic Engineer, N. P. S. and being all of the land embraced within the following boundaries: on the West by the West line of Land Lot 247; on the Northwest by the W. & A. Railroad right-of-way; on the Northeast by the center of the old Marietta-Kennesaw Road; on the South by the right-of-way of U. S. Highway 41.
Tract Number 12
All that tract or parcel of land lying and being in Land Lot No. 117 of the 19th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: beginning at the Southeast corner of said land lot, and running thence north 89 degrees, 14 minutes west a distance of 200 feet to a point; thence north 1 degree 58 minutes east a distance of 264.43 feet to a point in the center of an old road; thence south 43 degrees 33 minutes east a distance of 196.49 feet to a point; thence south 24 degrees 02 minutes east a distance of 136.39 feet to the Southeast corner of said land lot and point of beginning. Said tract herein described containing 0.71 acres as shown by plat of property of C. C. James, located in said District and Section of Cobb County, Georgia, as surveyed June, 1936, by John H. Saxon, Assistant Topographic Engineer, N. P. S., copy of which plat is filed with the National Park Service, Washington, D.C.
Tract Number 13
All that tract or parcel of land lying and being in the 20th District, 2nd Section, Cobb County, Georgia, and being parts of Land Lots 246 and 249 of said District and Section; more particularly described as follows: beginning at the Southwest corner of said Land Lot 246 and running thence north 1,320 feet to a stake; thence south 89 degrees 58 minutes east a distance of 1,317 feet along the line of property of Mrs. Annie C. Young and W. M. Murray to a stake; thence south 13 degrees 10 minutes east a distance of 822.6 feet crossing the right-of-way of the N. C. & St. L. R. R. to a stake; thence north 74 degrees 40 minutes east along the line of the property of the N.C. & St. L. R. R. a distance of 419.81 feet to a stake; thence north 15 degrees 26 minutes west a distance of 104.8 feet to a stake on the right-of-way of said railroad; thence in a northeasterly direction along said railroad right-of-way a distance of 406 feet to a stake; thence south 30 degrees 11 minutes east a distance of 169.42 feet to a stake; thence north 59 degrees 49 minutes east a distance of 486.27 feet to a stake on the east line of Land Lot 246; thence south 2 degrees 11 minutes west a distance of 805.17 feet to the center of the Stilesboro Road; thence south 67 degrees 21 minutes west along the center of the Stilesboro Road a distance of 625 feet; thence continuing along the center of Stilesboro Road south 72 degrees 11 minutes west a distance of 196.06 feet to a point; thence continuing along the center of said road south 79 degrees 09 minutes west a distance of 638 feet to a point; thence north 1 degree 47 minutes east a distance of 188 feet to a point on the south line of said Land Lot 246; thence west 1,320 feet to the point of beginning, said tract containing 60 acres, more or less.
Tract Number 14
All that tract or parcel of land lying and being in the State of Georgia and County of Cobb, and described as follows: beginning at a point where the Northeast corner of land now or formerly owned by J. M. Austin, intersects with the Northwest corner of land, now or formerly owned by Mrs. T. L. Bussey, and running thence South 88 rods, more or less, to the Easterlin property; thence west along said Easterlin property a distance of 3 rods; thence north 3 rods; thence west 15 rods to made corner; thence north 85 rods, more or less, to public road; thence east 18 rods to a starting point,

THURSDAY, FEBRUARY 27, 1986

1711

same containing 10 acres, more or less, and being in Land Lot No. 286 of the 20th District and 2nd Section of Cobb County, Georgia, and being the same property deeded by J. M. Austin to the City of Marietta and the County of Cobb, by deed dated January 13, 1905, recorded in Deed Book 77, page 425, public records, Cobb County, Georgia.
Tract Number 15
All that tract or parcel of land lying and being in Land Lot No. 283 of the 20th District, 2nd Section, Cobb County, Georgia, and beginning at a point on the eastern side of the Mountain Road at the north line of the property formerly owned by F. R. Kirk, now by the United States of America, and running thence north 5 degrees 33 minutes east a distance of 127 feet to a point; thence continuing along the eastern side of said lot north 3 degrees 15 minutes east a distance of 299.17 feet to a point; thence continuing along the eastern side of said lot north no degrees 44 minutes east a distance of 138.67 feet to a point; thence north 83 degrees 31 minutes east 202.30 feet to the western line of the Kennesaw Mountain Battlefield Association property; thence south no degrees 24 minutes west a distance of 593.23 feet to the line of the said Kirk property now owned by the United States of America; thence in a westerly direction along the north line of said property a distance of 228.94 feet to the point of beginning, being a part of the same property conveyed to Thos. Annandale by W. S. N. Neal by deed dated August 20, 1900, recorded in Deed Book Z - page 439, Cobb County records.
Tract Number 16
All that tract or parcel of land lying and being in the 20th District, 2nd Section, Cobb County, Georgia, being a portion of Land Lot No. 320 of said district and section, more particularly described as follows: beginning at a point on the East line of said land lot 698.45 feet south of the Northeast corner of said land lot and running thence S1-26W 1,130.91 feet to a point; thence N88-26W a distance of 717.97 feet to a point; thence N33-53E a distance of 1,338.18 feet to the point of beginning on the East line of said land lot. Said tract is triangular in shape and contains 9.32 acres and is bounded as follows: On the South by the property of Channell, on the West by property of G. W. Hardage Estate, on the East by the Eastern land lot line and property of F. R. Kirk. Said tract is shown by plat of the property of the G. W. Hardage Estate surveyed May, 1936, by John H. Saxon, Assistant Topographic Engineer, N. P. S.
Tract Number 17
All that tract or parcel of land situate, lying and being in the State of Georgia, and County of Cobb, and located in original Land Lot No. 320 of the 20th District and Second Section of said county, the same being in the shape of a triangle and bounded as follows: on the North by lands known as the G. W. Hardage Estate; on the East by lands now or formerly of F. R. Kirk; on the Southwest by lands of L. M. Channell, and having the following courses and distances, viz.; beginning at the Southeast corner of said Lot No. 320, and being the point where the land herein described corners with the land of C. W. Manning, Lucius Hardage and L. M. Channell, and going thence North 1 degree 26' 0" East 892.38 chains along the land now or formerly of F. R. Kirk to a corner; thence in a Westerly direction north 88 degrees 26' West 717.97 chains; thence in a southerly direction south 37 degrees 21 minutes east 1,146.22 chains, being the point of beginning, all of said tract or parcel of land containing 7.33 acres.
Tract Number 18
All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: being a tract or parcel of land situated, lying and being in the 20th District and 2nd Section of Cobb County, Georgia, and known as 15.71 acres off of the Southeast corner of Land Lot 285, the same being in the shape of a parallelogram and being

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the same land conveyed by George F. Gober to D. N. Anderson by deed dated September 14, 1888, recorded in Deed Book 'K,' page 596, of the records of Cobb County, Georgia.
Tract Number 19
All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: being all of Land Lot 42 and parts of Land Lots 33 and 107 in the 19th District and 2nd Section of Cobb County, Georgia, described by metes and bounds as follows: beginning at the SW corner of said Land Lot 107, and running thence N 1 degree 39 minutes E 13.30 feet along the Westerly line of said Land Lot to the NW corner thereof; thence N 0 degree 58 minutes E 2,352.62 feet along the Westerly line of Land Lots 42 and 43 to a point in the center of Dallas Road; thence following the center line of said road the following courses and distances; N 89 degrees 52 minutes E 379.08 feet to a point; thence N 85 degrees 4 minutes E 177.49 feet to a point; thence N 77 degrees 48 minutes E 171.63 feet to a point; thence N 73 degrees 32 minutes E 318.63 feet to a point; thence N 77 degrees 33 minutes E 284.63 feet to a point; thence leaving the center line of said road and running S 1 degree 0 minutes W 2,606.13 feet along the Easterly lines of said Land Lots 33 and 42 to the NE corner of said Land Lot 107; thence N 88 degrees 33 minutes W 672.35 feet along the Northerly line of said Land Lot 107 to a point; thence S 0 degree 38 minutes W 1,333.22 feet to a point, and thence N 86 degrees 56 minutes W 653.47 feet along the Southerly line of said Land Lot 107 to the point of beginning, containing 92.77 acres of land, more or less.
Tract Number 20
All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: all of Land Lot No. 1010 of the 16th District and 2nd Section of Cobb County, Georgia, containing 40 acres.
Tract Number 22
All that tract or parcel of land lying and being in the 20th District, 2nd Section of Cobb County, Georgia, and being a part of Land Lot 246 of said District and Section, more particularly described as follows: beginning at the Northeast corner of said land lot, and running thence south along the Eastern line of said land lot a distance of 1,305 feet to the point where the said land lot line intersects the right-of-way of the N. C. & St. L. Railway (also known as W. & A. Railroad); thence running in a Southwesterly direction along the Northwestern side of said railroad right-of-way a distance of 1,000 feet to the Southeast corner of the old railroad woodyard property; thence north along the Eastern line of said woodyard property 105 feet to a corner; thence south 76 degrees 50 minutes west along the Northern line of said woodyard lot 420 feet to a point; thence north 13 degrees 10 minutes west 548 feet along the line of the property of Anna Cross Young to a point; thence north 89 degrees 58 minutes west 1,012 feet along the Northern line of said Young property to a point; thence north still along the property of Anna Cross Young a distance of 1,335 feet crossing the Dixie Highway and continuing north to a marble corner on the North land lot line of said Land Lot 246; thence east along the North line of said land lot 730 feet to a point; thence south 100 feet to a point; thence south 72 degrees 20 minutes east 248 feet to a point; thence north 42 degrees 47 minutes east a distance of 255 feet to a point; thence south 40 degrees east a distance of 206 feet; thence north 29 degrees 45 minutes east a distance of 173 feet to the North line of said land lot; thence east along the North line of said land lot 1,094 feet to the point of beginning. Said tract contains in the aggregate 78.72 acres, as per plat of A. T. Merritt, Jr., C. E., October 16, 1937. There is excepted from the above described property the land included in the Dixie Highway State Route #3, U. S. Route #41, running through said property. The whole tract including the highway right-of-way contains 82.04 acres.
Tract Number 23

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All that tract and parcel of land lying and being in the State of Georgia and County of Cobb, and being part of original Land Lot 180 of the 19th Land District and 2nd Section of said county, the same containing 3.21 acres and described as follows: beginning at the Northeast corner of said Lot 180 and running thence South no degrees and 15 minutes west a distance of 715.13 feet along the East line of said lot and the West line of Lot 181 to the center line of the John Ward Road; thence along the center line of said road in a westwardly direction a distance of 253.8 feet to a point; thence North 1 degree and 58 minutes East a distance of 607.2 feet to the North line of said original Lot; thence along original North line of said Lot 180, 89 degrees and 14 minutes east a distance of 200 feet to point of beginning.
Tract Number 24
All that tract or parcel of land lying and being in the 16th District, 2nd Section of Cobb County, Georgia, and being known as original Land Lot No. 1007 of said District and Section, said Lot being more particularly described as follows: beginning at the Southeast corner of said original land lot and running thence north 89 degrees, 0 minutes west a distance of 1,434.17 feet to the Southwest corner of said Land Lot; thence north 1 degree 50 minutes east a distance of 1,508 feet along the line of the Kennesaw Mountain Battlefield Association to the Northwest corner of said land lot; thence south 88 degrees, 25 minutes east along the line of Kennesaw Mountain Battlefield Association 1,422.54 feet to the Northeast corner of said land lot; thence south 1 degree, 24 minutes west a distance of 1,492.76 feet along the line of the property of Mrs. Annie C. Young and G. W. Kirk to the Southeast corner of said land lot and point of beginning. Being the same property deeded to George Maxwell Kirk by G. W. L. Kirk, Trustee, August 21, 1931, by deed recorded in Deed Book 106, page 369, Cobb County records.
Tract Number 25
All that tract or parcel of land lying and being in the 19th District, 2nd Section of Cobb County, Georgia, and being the Southwest quarter of Land Lot No. 181 of said District and Section, containing 10 acres, more or less, and being all of the property in said land lot conveyed to Charles M. Brown by John H. Boston, by deed recorded June 17, 1935, in Deed Book 115, page 518, Cobb County records.
Tract Number 26
All that tract or parcel of land situate, lying and being in the 19th District and 2nd Section of Cobb County, Georgia, and described as follows: Land Lot No. 182 containing 40.29 acres, more or less; Land Lot No. 183 containing 45.69 acres, more or less; Land Lot No. 188 containing 43.42 acres, more or less; Land Lot No. 189 containing 37.03 acres, more or less; west half (W '/2) of Land Lot No. 187 containing 19.38 acres, more or less. All of said described land lying in one body of 185.81 acres, more or less, as shown on plat made by W. W. McCulloch, County Surveyor, in March, 1914, recorded in the office of the Clerk of the Superior Court of Cobb County, Georgia, in Book #1, Folio 378-379. Being part of the same premises conveyed to said John Hancock Mutual Life Insurance Company by Deed Under Power of Sale dated January 7, 1935, and recorded in the office of the Clerk of the Superior Court of said Cobb County, in Book 117, page 132.
Tract Number 27
All that tract or parcel of land, situate, lying and being in the State of Georgia and County of Cobb, and being lands in original Lots Nos. 321 and 326 of the 20th District and 2nd Section in said County, and also tracts in original Land Lots Nos. 33 and 34 of the 19th District and 2nd Section in said County, all said lands lying in one contiguous body and forming one tract, and located westerly from the City of Marietta, on a public road known as Marietta-Dallas Road, and more particularly described and bounded as follows: beginning at a point on the West original boundary

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of said Lot No. 326, which point is 231 feet north of the Southwest corner of said Lot, being at corner of lands of Lucius Hardage and J. J. Hardage, and run thence from said point in a southeasterly direction in a straight line along boundary of lands of J. J. Hardage to the South boundary of said Lot 326 and to north boundary of said Lot No. 33; thence continuing in same straight line into Lot 33 a distance of 330 feet to the center of the aforementioned road; thence northeasterly along center of said road to the East line of said Lot No. 33 and west line of Lot 34 in said 19th Land District; continuing thence along center of said road through Lot 34 to the North boundary thereof; and continuing thence along center of said road into Lot No. 326 to a point which is on a line and 170 feet north of the South line of said Lot; thence North through said Lot a distance of 2,468.06 feet to the North line of said Lot and to south line of Lot 321; thence east along south line of said Lot 321 a distance of 642.05 feet to southeast corner of said Lot 321; thence north along east original boundary of said Lot a distance of 1,276.29 feet to a corner at the boundary of the F. R. Kirk land; thence southwesterly along his line a distance of 1,265.75 feet to a corner marked by a rock in bed of creek; thence south along the F. R. Kirk line 660 feet to north line of Lot 326; thence west along said line 800.44 feet to a point near the creek; thence in a Northwesterly course and direction around the curved formation of the bluff line forming the division line between the bottom lands and high lands on north side of the creek in said Lot No. 321, said bluff line being defined by courses running westerly, southerly and northerly and last northwesterly to the west original line of said Lot 321, and along the boundary line of the F. R. Kirk property in said Lot; thence south along said original west line to northwest corner of Lot No. 326; and continuing thence south along west line of said Lot 2,416.74 feet to beginning point. Said tract containing in all 145 acres, more or less, and is bounded on the North by F. R. Kirk lands, east by C. W. Manning; South by C. W. Manning and J. J. Hardage; and west by Lucius Hardage; and west by Lucius Hardage and L. M. Channell and others.
Tract Number 28
All that tract or parcel of land situate, lying and being in Land Lots Number 246 and 249 of the 20th District, 2nd Section of Cobb County, Georgia, being 2 acres, more or less, in the Southeast corner of said Land Lot 246 and 28 acres, more or less, in the Northeast corner of Land Lot 249 of said District and Section, more particularly described as follows: beginning at a point formed by the intersection of the South side of the Stilesboro Road with the Eastern line of Land Lot No. 246, and running thence in a southwesterly direction along the Southern side of said Stilesboro Road to the intersection of the South side of said road with a settlement road; thence in a southerly direction along said settlement road a distance of 1,178 feet, more or less, to the North line of the property of Mrs. Sallie Ashley; thence south 88 degrees, 58 minutes east along the said Ashley property for a distance of 960 feet to the East line of Land Lot 249; thence north 2 degrees 11 minutes east a distance of 1,505 feet to the South side of the said Stilesboro Road and point of beginning. Being the same property conveyed by H. P. Presley to Jewell Holcomb by warranty deed dated March 1, 1933, recorded in Deed Book 109, page 544, Cobb County records.
Tract Number 29
All that tract or parcel of land situate, lying and being in Land Lots 247 and 248 of the 20th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: beginning at the Southeast corner of the tract above described in Tract Number 28, and running thence south along the Eastern line of Land Lot 249 a distance of 80 feet to a point; thence north 40 degrees, 37 minutes east along the property of Kennesaw Mountain Battlefield Association a distance of 158 feet to a point; thence north 2 degrees 11 minutes east along the property of H. L. Hyde a distance of 1,410 feet to the South side of the Stilesboro Road; thence west 104.35 feet to the Eastern line of Land Lot No. 246; thence south along the Eastern line of Land Lots

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246 and 249 a distance of 1,505 feet to the point of beginning at the Southeast corner of the tract before described in Tract No. 28.
Tract Number 30
All that tract or parcel of land lying and being in Land Lot 33 of the 19th District, 2nd Section of Cobb County, Georgia and Land Lot 326 of the 20th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: beginning at a point in the center of the Marietta-Dallas Road formed by the intersection of the West line of Land Lot No. 33 with the center of said road, and running thence in an easterly direction along the center of said road to a point on the line of the property of C. W. Manning; thence in a northwesterly direction along the property of C. W. Manning to the North line of said Land Lot No. 33; thence continuing in a northwesterly direction following a ditch in said Land Lot No. 326 of the 20th District, 2nd Section to the Western line of said Land Lot No. 326; thence south along said land lot line to the district line separating the 20th and the 19th Districts of said county; thence westerly along said district line 256.9 feet to the Northwest corner of said Land Lot No. 33; thence south along the Western line of said Land Lot No. 33 a distance of 282.56 feet to the point of beginning in the center of the Marietta-Dallas Road; being part of the same property conveyed to J. J. Hardage by V. B. Channell March 7, 1906, recorded in Deed Book "HH," page 630, Cobb County records, and deed from C. W. Manning to J. J. Hardage, dated March 7, 1906, recorded in Deed Book "HH," page 632, Cobb County records.
Tract Number 31
All that tract or parcel of land lying and being in Land Lots 32 and 43 of the 19th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: beginning at the Southeast corner of land Lot 43 and running thence north along the East line of Land Lot 43 and the East line of Lot 32 a distance of 2,168.4 to the corner in the road known as the John Ward or Cheatham Hill Road where the Eastern line of Land Lot 32 intersects the middle of said road, which point of intersection is 172 feet, more or less, south of the intersection of said road with the Dallas Road; running thence southwesterly along the center of the said John Ward or Cheatham Hill Road through Land Lots 32 and 43 a distance of 2,150 feet, more or less, to a stake; thence south parallel with the Eastern line of said Land Lot 43 and 660 feet, more or less, therefrom to the South line of said Land Lot, said point being the center of the Southern line of said Land Lot; thence east along the Southern line of said Land Lot 660 feet, more or less, to the point of beginning, being a part of the same property conveyed to Mrs. Izie* Goggins by James Goggins by deed dated March 7, 1903, recorded in Deed Book "BB" page 658, Cobb County records.
Tract Number 32
All that tract or parcel of land lying and being in Cobb County, Georgia, being parts of Lots Number Two Hundred Forty-Seven (247) and Number Two Hundred FortyEight (248) of the Twentieth (20th) District, Second (2nd) Section of said county, and Land Lot Number nine hundred thirty-six (936) of the Sixteenth (16th) District, Second (2nd) Section of said county, said tract being more particularly described as follows: Beginning at a point where the western line of said Land Lot # 247 intersects the southern margin of the Marietta-Kennesaw Road, known as the Dixie Highway, and running thence south 72 degrees 57 minutes east along the southern side of said highway across the Stilesboro Road to the point where the eastern margin of said Stilesboro Road intersects the southern margin of said highway; thence in a northeasterly and easterly direction following the southern margin of the old MariettaKennesaw Highway to the point where the said old road intersects the eastern line of said Land Lot # 936; thence south along the eastern line of said Land Lot # 936 crossing the present paved Dixie Highway four hundred twenty-eight (428) feet to the property of the Kennesaw Mountain Battlefield Association; thence following the

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northern line of the Kennesaw Mountain Battlefield Association property in a southwesterly westerly direction fifteen hundred forty-two (1542) feet to the southwestern corner of Land Lot # 936; thence west following the line of the Kennesaw Mountain Battlefield Association property into Land Lot No. 248 for a distance of three hundred forty-five (345) feet; thence southwesterly still following the line of the Kennesaw Mountain Battlefield Association property a distance of eleven hundred twelve (1112) feet to a point one hundred four and 35/100 (104.35) feet from the western line of said Land Lot # 248 into the 20th District, 2nd Section of said county; thence north parallel with the western line of Land Lot # 248 and crossing the north line of said Land Lot # 248 and continuing north parallel with the western line of said Land Lot # 247 and one hundred four and 35/100 (104.35) feet east therefrom, a distance of sixteen hundred (1600) feet to the center of the said Stilesboro Road; thence west one hundred four and 35/100 (104.35) feet to the western line of Land Lot # 247; thence north along the western line of said land lot a distance of nine hundred twenty-five (925) feet to the point of beginning. Being the same property conveyed to Homer L. Hyde by George D. and T. P. Redd, Executors, by deed dated April 10, 1920, recorded in Deed Book 67, page 111, except that portion of said property conveyed by said Homer L. Hyde to Kennesaw Mountain Battlefield Association, by deed dated March 31, 1924, recorded in Deed Book 79, page 245, Cobb County records, and the small strip one-half acre wide crossing the western line of Land Lots # 247 and # 248 conveyed by the said Homer L. Hyde to Mrs. Jewel Holcomb.
Tract Number 33
All that certain parcel of land being a part of Land Lot No. 287 of the 20th District, 2nd Section, of Cobb County, Georgia, containing 112.91 acres, more or less, of land and described by metes and bounds as follows: BEGINNING at the southwest corner of said Land Lot 287 and thence south 88 degrees 21 minutes east 2,641.97 feet to the SE corner of said lot; thence along the east line of said lot north 2 degrees 13 minutes east 1,361.95 feet to a point; thence north 88 degrees 15 minutes west 1,663.92 feet to a point; thence north 41 degrees east 1,327.84 feet to a point in the north line of said lot; thence along the north line of said lot and thence along the west line of said lot south 2 degrees 00 minutes west 2,722.06 feet to the point of beginning.
Tract Number 34
All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: Being a part of Land Lot 181 in the 19th District and 2nd Section of Cobb County, State of Georgia, described by metes and bounds as follows: BEGINNING at the SE corner of said Land Lot 181 and running thence N 0 degrees 27 minutes E 1377.79 feet along the easterly line of said Land Lot to the northeast corner thereof; thence north 88 degrees 46 minutes west 1372.19 feet along the northerly line of said Land Lot to the northwest corner thereof; thence south 0 degrees 15 minutes west 675.13 feet along the westerly line of said Land Lot to a point; thence south 89 degrees 8 minutes E 670.46 feet to a point; thence south 0 degrees 36 minutes east 703.76 feet to a point; and thence south 88 degrees 28 minutes east 686.48 feet along the southerly line of said Land Lot to the point of beginning, containing 30 acres of land, more or less.
Tract Number 35
Being that certain parcel of land situated in Cobb County, State of Georgia, described as follows: Beginning at a point where the old Marietta-Kennesaw Highway joins the United States Highway No. 41 in Land Lot # 936, 16th District and 2nd Section; thence along the North side of United States Highway No. 41 to where the old MariettaKennesaw Highway leaves highway, and running in a northwestwardly direction

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through the center of the old Marietta-Kennesaw Highway for a distance of 250 feet to a point in the center of said highway, this lot and point being in Land Lot # 247, 20th District, and 2nd Section; thence southeastwardly through Land Lot #247, 20th District and 2nd Section, and Lot # 865, 16th District and 2nd Section, 1325 feet to a point on the South line of said Land Lot # 865 in the 16th District, thence along this lot line, same being the south line of Land Lot #865 and the north line of Land Lot # 936 both in the 16th District, being a distance of 490 feet to the intersection of Land Lots Nos. 865, 866, 935 and 936; thence south along the lot line between Land Lots Nos. 865 and 866 and along the west side of the settlement road a distance of 175 feet to the middle of Old Marietta-Kennesaw Highway; thence westwardly, running with the middle of the Old Marietta-Kennesaw Highway; to the point of beginning, containing 6 acres, more or less.
Tract Number 36
Being all that tract or parcel of land situate in Cobb County, State of Georgia, described as follows: All that parcel of land situate, lying and being in Land Lot # 330 of the 19th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: Beginning at the northeast corner of said land lot and running thence south along the eastern line of said land lot 660 feet to a stake; thence west parallel with the north line of said land lot 660 feet to a stake; thence north parallel with the east line of said land lot 660 feet to the north line of said land lot; thence east along said land lot line 660 feet to the point of beginning; the same being square and containing ten (10) acres of land.
Tract Number 37
Being all that tract or parcel of land situate in Cobb County, State of Georgia, described as follows: All that tract or parcel of land situate, lying and being in Land Lot # 322 of the 20th District, 2nd Section of Cobb County, Georgia, being more particularly described as follows: Beginning at a point on the north line of said Land Lot 99.25 feet west of a marble post marking the northeast corner of said land lot; said beginning point being in the center of a small stream or branch intersecting the north line of said land lot; running thence west along the north line of said land lot a distance of 2542.72 feet to the northwest corner of said land lot; thence south along the western line of said land lot 1208.42 feet to a stake, thence north 56 degrees 63 minutes east a distance of 803.55 feet to the center of a creek running through the northern side of said land lot; thence following the meanderings of said creek in a northeasterly direction to the point where said creek intersects the branch mentioned above; thence in a northeasterly direction along the center of said branch to the point of beginning. Said tract above described contains 32.61 acres and is a part of the property known as the Delk mill track in the northern side of Land Lot 322 of the 20th District, 2nd Section of said County.
Tract Number 38
Being parts of Land Lots 283, 288 and 321 in the 20th District and 2nd Section of Cobb County, State of Georgia, described by metes and bounds as follows: BEGINNING at the northeast corner of Land Lot 321 which point is marked by a marble stone and running thence north 2 degrees 0 minutes east 2,722.06 feet along the easterly line of Land Lot 288 to the northeast corner of said Land Lot 288 marked by a marble stone; thence north 0 degrees 24 minutes east along the easterly line of Land Lot 283 621.26 feet to a point; thence north 86 degrees 42 minutes west 228.94 feet; thence south 5 degrees 33 minutes west 375.19 feet to a point; thence south 14 degrees 45 minutes west 264.26 feet to a point; thence south 50 degrees 43 minutes west 92.08 feet to a point; thence south 45 degrees 15 minutes west 145.27 feet to a

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point; thence south 4 degrees 47 minutes west 422.30 to a point; thence south 27 degrees 11 minutes west 202.34 feet to a point; thence south 34 degrees 49 minutes west 132.45 feet to a point; thence south 18 degrees 19 minutes west 300.60 feet to a point; thence south 3 degrees 38 minutes east 146.64 feet to a point; thence south 6 degrees 9 minutes east 338.66 feet to a point; thence north 81 degrees 33 minutes west 480.15 feet to a point; thence south 1 degree 10 minutes west 1129.39 feet to a point; thence north 88 degrees 29 minutes west 1387.40 feet along the northerly line of said Land Lot 321 to the NW corner of said Land Lot 321 marked by an iron pin; thence south 1 degree 26 minutes west 2405.87 feet along the westerly line of said Land Lot 321 to a point; thence south 40 degrees 55 minutes east 158.96 feet to a point; thence north 84 degrees 48 minutes east 109.50 feet to a point; thence north 65 degrees 38 minutes east 148.50 feet to a point; thence south 57 degrees 59 minutes east 266.20 feet to a point; thence south 23 degrees 42 minutes east 158.36 feet to a point; thence south 88 degrees 17 minutes east 800.44 feet along the southerly line of said Land Lot 321; thence north 1 degree 51 minutes east 660 feet to a point; thence north 62 degrees 35 minutes east 1265.75 feet to a point and thence north 1 degree 3 minutes east 1456.21 feet along the said easterly line of said Land Lot 321 to the point of beginning, containing 189.45 acres of land, more or less.
Tract Number 39
All that certain parcel of land situate in Cobb County, State of Georgia, described as follows; Being a part of Land Lot 331 in the 19th District and 2nd Section of Cobb County, State of Georgia, described by metes and bounds as follows: BEGINNING at the northwest corner of said Land Lot 331 and running thence south 1 degree 47 minutes west 1336.32 feet along the westerly line of said Land Lot to the southwest corner thereof; thence north 46 degrees 28 minutes east 592.5 feet to a point; thence north 58 degrees 13 minutes east 294.24 feet to a point; thence north 1 degree 47 minutes east 772.24 feet to a point and thence north 88 degrees 46 minutes west 661.58 feet along the northerly line of said Land Lot to the point of beginning, containing 15.00 acres of land, more or less.
Tract Number 40
All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: Being all of Land Lots 257 and 262 in the 19th District and 2nd Section of Cobb County, State of Georgia, containing 83 acres of land, more or less.
Tract Number 41
All that certain parcel of land situate in Cobb County, State of Georgia, described as follows: Being all that tract or parcel of land situate, lying and being in Land Lot # 263, in the 19th District and 2nd Section of Cobb County, Georgia, containing 10 acres of land, more or less, and being the southeast quarter of said land lot, more particularly described as follows; Beginning at the southeast corner of said land lot and running thence 88 degrees 36 minutes west along the south line of said land lot a distance of 660 feet; thence north 1 degree 11 minutes east, 660 feet, to a point; thence south 88 degrees 36 minutes east 663.45 feet to the east line of said land lot; thence south 129 degrees west along the east line of said Land Lot 659.80 feet to the point of beginning.
Tract Number 42
Parcel No. 1 Being all that tract or parcel of land lying and being in Land Lots 286 and 287 of the 20th District and 2nd Section of Cobb County, Georgia, more particularly described as follows;

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Beginning at the northeast corner of Land Lot # 287, running thence south along the east line of said land lot to a point marking the boundary of the property between the property herein described and the property now or formerly belonging to B. F. Reed, known as the Easterlin property, and running thence west parallel with the north line of said land lot to a corner marking the southwest corner of the property herein described; thence running north parallel with the east line of said Lot # 287, along said Reed property line to the north line of said land lot; thence east along the north line of said land lot the point of beginning; being approximately 60 acres out of the northeast corner of said land lot, and being all of said land lot except what is known as the Reed or Easterlin property.
Parcel No. 2
All that tract or parcel of land lying and being in Land Lots 286 and 287 of the 20th District and 2nd Section of Cobb County, Georgia and being more particularly described as follows: Beginning at the northwest corner of Fractional Lot # 286 of the 20th District and 2nd Section of Cobb County, Georgia, and running thence east along the north line of said land lot to the northwest corner of tract conveyed to Marietta and Cobb County January 13, 1905, by J. M. Austin by deed recorded in Deed Volume 77, page 425; thence running south along the western line of said property to the southwest corner thereof; thence west parallel with the north line of said Land Lot # 286, to the western line of said land lot; thence north along the west line of said land lot to the point of beginning. Said last tract (Parcel No. 2) has an exception consisting of ten (10) acres in the northeast corner of said Land Lot # 286, which is described in a deed from J. M. Austin to the City of Marietta and Cobb County, Georgia, dated January 13, 1905, recorded in Deed Book 77, page 425, the records of Cobb County, Georgia. Said tract consists of 36 acres, more or less, and less the exception of ten (10) acres in the Northeast corner of said Lot 286.
Tract Number 43
All that tract or parcel of land situated, lying and being in the northwest corner of original Land Lot No. #249 of the 20th District and 2nd Section of Cobb County, Georgia, more particularly described as follows: Beginning at the original northwest corner of said land lot and running thence south 88 degrees and 48 minutes east along the original north line of said land lot for a distance of 1342.33 feet to a point and corner; thence S1-46-30W for a distance of 380.86 feet to a point and corner; thence S85-10-30W for a distance of 818.17 to a point; thence S79-28-50W for a distance of 534.10 feet to a point on the original west line of said land lot; thence north 1 degree and 2 minutes east along the original west line of said land lot for a distance of 575.03 feet to beginning point, said tract containing 14.20 acres.
Tract Number 44
All that tract or parcel of land lying and being in the 19th District and 2nd Section of Cobb County, Georgia, and being 6.66 acres, more or less, out of the southeast corner of original Land Lot No. 266 and being more fully described as follows: Beginning at the original southeast corner of said land lot and running north 87 degrees and 37 minutes west for 451.11 feet along the original land line of the south side of said land lot to a point on said land line; thence north 3 degrees 23 minutes and 20 seconds west for 606.98 feet to a point; then running north 89 degrees and 25 minutes east for 489.14 feet to a point on the original land line of the eastern side of said land lot; thence south no degrees and 14 minutes west for 630.00 feet to point of beginning, said tract containing 6.66 acres of land more or less.
Parcel #1 Two and forty three one hundredths (2.43) acres out of the southwest part of original Land Lot No. 337 and off of the east side or portion of Land Lot No. 338 in the 19th District and 2nd Section, Cobb County, Georgia and commencing at a

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point in said Land Lot No. 337, on the south side of the Marietta-Powder Springs Road where the center of the old Phillips Farm Road, now a public road, intersects with said Powder Springs Road, and running along the center of the Phillips Farm Road south 00 degrees and 40 minutes and 30 seconds east for 226.80 feet to a point in the center of said road; thence leaving road and running north 86 degrees and 40 minutes west for 63.0 feet; thence south 00 degrees and 40 minutes and 30 seconds east 51.5 feet; thence south 86 degrees and 40 minutes east 63.0 feet to the center line of above mentioned road; thence along center line of said road south 00 degrees 40 minutes and 30 seconds east for a distance of 174.40 feet; thence leaving road and running south 88 degrees and 45 minutes west for 230.18 feet to a point in Land Lot 338; thence north 44 degrees and 27 minutes and 40 seconds west 236.92 feet to a point on south boundary of said Powder Springs Road; thence north 53 degrees and 33 minutes east 485.78 feet, along south side of said road to the point of beginning, said tract being bounded on the north by said Powder Springs Road; East by Kolb Cemetery and the center of said Phillips Farm Road which separates this tract from land now, or formerly, belonging to C. M. Head; south and southwest by land of W. F. Brooks, containing 2.43 acres, more or less.
Parcel #2 Fifteen and five one-hundredths (15.05) acres out of the western portion of Land Lot 338, in the 19th District and 2nd Section, Cobb County, Georgia more particularly described as follows: Commencing at a point on the north side of the Powder Springs Road and running north 28 degrees and 05 minutes and 40 seconds west for 160.06 feet to a point; thence north 88 degrees and 6 minutes west for 552.63 feet to a point; thence north 49 minutes east for 971.36 feet to a point thence north 77 degrees and 34 minutes east for 318.73 feet to a rock corner; thence south 29 degrees and 47 minutes east for 1149 feet to a point at said Powder Springs Road; thence south 53 degrees and 33 minutes west for 150.48 feet along said road to a point; thence south 52 degrees and 36 minutes west for 184.97 feet to the point of beginning, containing 15.05 acres, more or less.
Tract Number 45
Commencing at a point in the center of Marietta-Dallas Public Road and on the south land line of Lot No. 327 of the 20th District and 2nd Section of Cobb County, Georgia and at a point 1464.60 feet from the southeast corner of said land lot, and running thence N89-13-40W for a distance of 128.10 feet to a point in center of said road; thence N 3-54W for a distance of 949.94 feet to a point; thence N 1-02-25E for a distance of 770.00 feet to a corner; thence S 87-57-30E for a distance of 210.00 feet to a point; thence S 1-02-25W for a distance of 1716.14 feet to original point of beginning, containing 7.38 acres.
Tract Number 46
All that tract or parcel of land situate, lying and being in Original Land Lots Nos. #282 and #283 of the 20th District and 2nd Section of Cobb County, Georgia, more particularly described as follows: Beginning at the original northwest corner of said Land Lot No. #283 and running thence S88-52-20E along the original North line of said land lot for a distance of 149.17 feet to a point; thence S2-38-OOW for a distance of 1376.54 feet to a point, thence S24-07-40W across original land line separating lots Nos. #282 and #283 for a distance of 1369.43 feet to a point on the original south line of said Land Lot No. #282; thence N89-25-40W along the original south line of said Land Lot No. # 282 for a distance of 881.31 feet to a point which is the southwest corner of the east half of said Land Lot No. #282; thence N36-04-10E for a distance of 1618.63 feet to a point; thence N4-12-10W for a distance of 1325.04 feet to a point on the original north line of said Land Lot No. #282; thence S88-46E along the original north line of said Land Lot No. #282 for a distance of 499.25 feet to beginning point which is also the northeast corner of said Land Lot No. #282. Said tract contains 38.33 acres, the larger part of which lies in said Land Lot No. #282, all in said District and said Section, containing 38.33 acres.

THURSDAY, FEBRUARY 27, 1986

1721

Tract Number 47
Beginning at the northwest corner of original Land Lot No. 328 19th District and 2nd Section of Cobb County, Georgia and thence running south 89 degrees east along the original land line for 360 feet to a point on said land line; thence south 2 degrees and 13 minutes west for 1195.88 feet to a point on the original land line of the south side of said land lot; thence north 88 degrees and 26 minutes west for 52 feet to a point on said land line; thence north 16 degrees 27 minutes and 40 seconds west for 478.47 feet to a point; thence North 55 degrees 20 minutes and 40 seconds west, crossing into Land Lot No. 327, for 673.43 feet to a point in said Land Lot No. 327; thence north 3 degrees 23 minutes and 20 seconds west for 377.21 feet to a point on the original land line of the northern side of Land Lot No. 327; thence south 87 degrees and 37 minutes east for 451.11 feet to the point of beginning, said tract of land being bounded on the north by lands of A. D. Barfield and Mrs. Mattie Smith; on the east by land of Mrs. Mattie Smith; and on the south by land of J. E. Mozley, and containing 12.24 acres.
Tract Number 48
All that tract or parcel of land situate, lying and being in the 20th District, 2nd Section of Cobb County, Georgia, being parts of Land Lots Nos. 289 and 320 of said district and section, more particularly described as follows: Beginning at the northeast corner of Land Lot No. 320, said beginning point being the southeast corner of Land Lot No. 289, and running thence south 1 degree, 24 minutes west along the east line of said Land Lot No. 320 a distance of six hundred ninety-eight and forty-five hundredths (698.45) feet to a monument marking the corner of the property of the United States; running thence south 35 degrees, 50 minutes west along the property of the United States a distance of thirteen hundred thirty-eight and eighteen hundredths (1338.18) feet to a monument marking another corner of the property of the United States; thence north 88 degrees, 26 minutes west a distance of eight hundred seventyone and twenty-eight hundredths (871.28) feet to a corner; thence north 2 degrees, 10 minutes, 20 seconds east through Land Lots Nos. 320 and 289 a distance of Thirty-one hundred twenty-two and twenty-four hundredths (3122.24) feet to a point in the center of the Burnt Hickory Road; thence north 10 degrees, 17 minutes east a distance of fourteen hundred seven and fifty-two hundredths (1407.52) feet to a point on the north line of said Land Lot No. 289; thence south 89 degrees, 26 minutes east along the north line of said land lot a distance of 49 feet to a corner; thence south 1 degree, 13 minutes west a distance of thirteen hundred ninety and fifty hundredths (1390.50) feet to a corner in the center of said Burnt Hickory Road; thence south 89 degrees, 05 minutes east along the center of said road a distance of five hundred twenty-four and forty-five hundredths (524.45) feet to a point; thence south 84 degrees, 20 minutes east continuing along the center of said road a distance of seven hundred thirty-six and ninety-five hundredths (736.95) feet to the east original line of said Land Lot No. 289; thence south 1 degree, 01 minutes west along the east line of said land lot a distance of twelve hundred forty-eight and thirty-two hundredths (1248.32) feet to the point of beginning, said described tract containing 107.60 acres.
Tract Number 49
All that tract or parcel of land situate, lying and being in Land Lots Nos. 330 and 337 of the 19th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: Beginning at a point on the eastern line of Land Lot No. 330 at a monument marking the southeastern corner of a 10 acre tract in the northeast corner of said lot, and running thence south 1 degree, 42 minutes, 30 seconds west a distance of 367.60 feet to the northwestern side of the Powder Springs Road; thence south 53 degrees, 33 minutes west along the northwestern side of said road a distance of 1599.24 feet to a point on the northwestern side of said road at the intersection of the western side of the John Ward Road with the northwestern side of Powder Springs Road; running thence north 1 degree, 17 minutes, 30 seconds West along the

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western side of John Ward Road a distance of 649.39 feet to a point; thence north 88 degrees, 26 minutes West a distance of 10 feet; thence north 0 degrees, 15 minutes, 40 seconds east a distance of 120.95 feet to a point on the western side of said John Ward Road; thence south 52 degrees, 25 minutes east a distance of 346.77 feet to a point on the northern side of Land Lot No. 337; thence north 65 degrees, 12 minutes, 30 seconds east crossing the north line of said Land Lot No. 337 a distance of 700.14 feet to a point in Land Lot No. 330; thence north 32 degrees, 41 minutes, 10 seconds east a distance of 556.44 feet to a point on the south line of the property of the U. S. Government above mentioned; thence south 88 degrees, 40 minutes, 30 seconds east a distance of 110.03 feet to the point of beginning, containing 10.75 acres.
Tract Number 50
All that tract or parcel of land situate, lying and being in Land Lot No. 266 of the 19th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: Beginning at the northeast corner of said Land Lot No. 266 and running thence south 0 degrees, 14 minutes west a distance of 715 feet along the eastern line of said land lot to a point on said land lot line; thence south 89 degrees, 25 minutes west a distance of 120 feet; thence north 2 degrees, 30 minutes west a distance of 727.32 feet to the north line of said land lot; thence south 86 degrees, 16 minutes east a distance of 155 feet along the north line of said land lot to the point of beginning. Said tract being bounded on the north by the property of W. T. Hicks; on the east by property of Mattie Dobbs Smith; on the south by the property of A. D. Barfield; and on the west by the property of Mattie Dobbs Smith, containing 2.27 acres.
Tract Number 51
All that tract or parcel of land situate, lying and being in original Land Lot No. 289 of the 20th District and 2nd Section of Cobb County, Georgia, being 28.71 acres of land lying in the northeast corner of said lot and being more particularly described as follows: Commencing at the original southeast corner of said Land Lot # 289 and running thence north 1 degree and 1 minute east along the original east line of said Land Lot #289 for a distance of 1248.32 feet to a point in the center of the Burnt Hickory Road, thence in a westerly direction along the center of said Burnt Hickory Road for a distance of 571.5 feet to a point, which point in said road is the beginning point of the land herein described; thence north 84 degrees and 20 minutes west along the center of Burnt Hickory Road for a distance of 165.45 feet to a point; thence north 89 degrees and 5 minutes west, along the center of Burnt Hickory Road for a distance of 524.45 feet to a point; thence north 1 degree and 13 minutes east for a distance of 1390.5 feet to a point on the original north line of said land lot; thence south 89 degrees and 26 minutes east along the original north line of said land lot; thence south 89 degrees and 26 minutes east along the original north line of said land lot for a distance of 832.31 feet to a point; thence south 13 degrees and 7 minutes east for a distance of 776.68 feet to a point; thence south 28 degrees and 10 minutes west for a distance of 737.53 feet to beginning point, containing 28.71 acres.
Tract Number 52
All that tract or parcel of land situate, lying and being in Land Lots Nos. 337 and 338 of the 19th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: Beginning at the northwest corner of Land Lot # 338 of said District and Section and running thence along the north line of said lot south 88 degrees and 26 minutes east, 1334.13 feet to the northeast corner of said lot, this being identical to southeast corner of land lot #329; thence continuing south 88 degrees and 26 minutes east along north line of Land Lot # 337 for a distance of 10.00 feet to the west side of John Ward Road; thence along the west side of said road, south 1 degree and 17 minutes and 30 seconds east 649.39 feet to the north right-of-way line of Powder Springs Road; thence following said right-of-way south 53 degrees and 33 minutes west 595.00 feet to a point in Land Lot # 338; thence north 29 degrees and 47

THURSDAY, FEBRUARY 27, 1986

1723

minutes west 1149.00 feet to a rock; thence south 77 degrees and 34 minutes west 318.73 feet to the west line of Land Lot 338; thence along west line of said lot north 00 degree and 49 minutes east 110.28 feet to a point of beginning, containing 16.42 acres.
Tract Number 53
All that tract or parcel of land situate, lying and being in the 19th District, 2nd Section of Cobb County, Georgia, being part of Land Lot No. 180 of said district and section, more particularly described as follows: Beginning at the northwest corner of said Land Lot No. 180 and running thence south 88 degrees, 56 minutes, 20 seconds east a distance of five hundred fifty-five and ninety-four hundredths (555.94) feet along the north line of said land lot to a point on east side of John Ward Road; thence south 7 degrees, 19 minutes, 10 seconds west a distance of fourteen hundred thirteen and seventeen hundredths (1413.17) feet to a point on the south line of said Land Lot No. 180; thence north 89 degrees, 26 minutes west a distance of three hundred ninety-five and five hundredths (395.05) feet to the southwest corner of said Land Lot No. 180; thence north 0 degrees, 49 minutes east a distance of fourteen hundred eight and seventy-seven (1408.77) feet along the western line of said Land Lot No. 180 to the northwest corner thereof, which is the point of beginning, containing 15.37 acres.
Tract Number 54
All that tract or parcel of land lying and being in the southeast corner of original Land Lot No. 251 of the 20th District and 2nd Section of Cobb County, Georgia, and being 3.38 acres more fully described as follows: Beginning at the original southeast corner of said land lot and running thence north 00 degrees and 57 minutes east for 589.85 feet to a point in the original land line of the eastern side of said land lot; thence running south 41 degrees and 18-20 minutes west for 770.75 feet to a point on the original south land line of said lot, which point is 499.25 feet west of starting point; thence running south 88 degrees and 46 minutes east for 499.25 feet to point of beginning, said tract of land being a triangle shape and bounded on the south by lands of W. M. Gilbert; east by lands of B. V. Greer; north and west by other lands of the Oscar H. Orr estate, 3.38 acres.
Tract Number 55
All that tract or parcel of land situated, lying and being in original Land Lot No. 250 of the 20th District and 2nd Section of Cobb County, Georgia, being triangular in shape, and in the northwest corner of the southeast quarter of the said land lot, and being more particularly described as follows: Beginning at a certain point, which point is arrived at in the following manner: Beginning first at the original northeast corner of said land lot, and running thence south along the original east line of said land lot for a distance of one thousand three hundred eighty-five and thirty-one hundredths (1385.31) feet to a point; thence north 88 degrees and 28 minutes west for a distance of eight hundred seventy five and three tenths (875.3) feet to a point, which point is the beginning point of the property described as follows: Beginning at the point thus arrived at, and running thence south 35 degrees, 17 minutes, 40 seconds west for a distance of eight hundred four and eighty-five hundredths (804.85) feet to a point; thence north 1 degree 18 minutes east for a distance of six hundred sixty-nine and thirteen hundredths (669.13) feet to a point; thence south 88 degrees and 28 minutes east for a distance of four hundred fifty (450) feet to beginning point, said tract contains three and fifty-six hundredths (3.56) acres.
Tract Number 56
All that tract or parcel of land, situate lying and being in the 19th District, 2nd Section of Cobb County, Georgia being parts of Land Lots Nos. 117 and 118 of said District and Section, more particularly described as follows:

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Beginning at a point on the south line of said Land Lot No. 117 at the southeast corner of the tract herein conveyed, which point is two hundred (200) feet west of the southeast corner of said land lot at the line of the property purchased by the United States from C. C. James and running thence North 88 degrees, 56 minutes, 20 seconds West a distance of one thousand seventy-three and two-hundredths (1073.02) feet to the Southwest corner of Land Lot No. 117; thence north 88 degrees, 16 minutes, 20 seconds west nine hundred ninety-nine and thirty-hundredths (999.30) feet to the line of the property of J. W. Smith; thence north 1 degree, 16 minutes east along the property of J. W. Smith a distance of one thousand three hundred forty-three and eighty-two hundredths (1343.82) feet to a corner of property line between the property herein conveyed and the property of the said J. W. Smith; thence south 88 degrees, 40 minutes, 30 seconds east along the property of said J. W. Smith a distance of one thousand seventeen and fifty-one hundredths (1017.51) feet to an old road separating the property herein conveyed from the property of R. O. Hardage; thence south 52 degrees, 08 minutes, 40 seconds east a distance of one hundred fifty-five and twentytwo hundredths (155.22) feet; thence south 33 degrees, 43 minutes east a distance of two hundred forty-five and seventy-eight hundredths (245.78) feet; thence south 43 degrees, 19 minutes, 20 seconds east three hundred sixty-one and sixty-five hundredths (361.65) feet; thence south 44 degrees, 24 minutes east a distance of four hundred eighty-five and eighty-two hundredths (485.82) feet; thence south 43 degrees, 36 minutes, 40 seconds east a distance of two hundred seventy and sixty-one-hundredths (270.61) feet to the northwest corner of property purchased by the United States from C. C. James; thence south 1 degree, 56 minutes west a distance of two hundred sixtyfour and forty-three-hundredths (264.43) feet to point of beginning. Being the same property purchased by C. C. James from T. P. Redd by deed dated December 27, 1919, recorded in Deed Book 66, Page 240, Cobb County Records, excepting a small tract of 0.71 of an acre in the Southeast corner of said Land Lot No. 117, previously conveyed by the said C. C. James to U. S. A.
Tract Number 57
All that tract or parcel of land situate, lying and being in the 20th District, 2nd Section of Cobb County, Georgia, and being 80.40 acres, more or less, in Land Lot No. 250 of said district and section and a fractional part of an acre in the southeast corner of Land Lot No. 245 southeast of the railroad right-of-way, more particularly described as follows: Beginning at the southwest corner of said Land Lot No. 250 and running thence north 0 degrees 57 minutes, 00 seconds east a distance of 1771.71 feet to a point on the south line of the W. & A. Railroad right-of-way; thence running north 83 degrees, 36 minutes, 40 seconds east a distance of 308.48 feet to a point; thence north 82 degrees, 52 minutes east a distance of 179.51 feet to a point; thence north 80 degrees, 53 minutes, 20 seconds east a distance of 167.29 feet to a point; thence north 85 degrees, 41 minutes east a distance of 120.71 feet to a point; thence north 70 degrees, 21 minutes, 20 seconds east a distance of 121.58 feet to a point; thence north 74 degrees, 52 minutes east a distance of 211.64 feet to a point; thence north 71 degrees, 59 minutes, 40 seconds east a distance of 183.79 feet to a point; thence north 69 degrees, 24 minutes east a distance of 212.70 feet to a point; thence north 71 degrees, 53 minutes, 20 seconds east a distance of 417.02 feet to a point; thence north 58 degrees, 34 minutes, 20 seconds east a distance of 252.04 feet to a point; thence north 52 degrees, 48 minutes east a distance of 205.72 feet to a point; thence north 52 degrees, 59 minutes, 20 seconds east a distance of 86.19 feet to a point; thence north 50 degrees, 44 minutes east a distance of 90.10 feet to a point; thence north 48 degrees, 48 minutes east a distance of 107.58 feet to a point; thence north 56 degrees, 19 minutes, 40 seconds east a distance of 70.50 feet to a point; thence north 50 degrees, 11 minutes east a distance of 60.05 feet to a point; thence north 38 degrees, 0 minutes, 20 seconds east a distance of 62.40 feet to the east line of Land Lot No. 245 of said district and section; thence south 1 degree, 55 minutes west a distance of 132.18 feet to the northeast corner of

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1725

Land Lot No. 250; thence south along the east line of said land lot 1 degree, 02 minutes west a distance of 1385.31 feet to a point on the line separating the property herein described from the property of W. F. Newton; thence north 88 degrees, 28 minutes west along said Newton property a distance of 1325.30 feet to a point; thence south 1 degree, 18 minutes west, a distance of 669.13 feet to a point; thence north 88 degrees, 37 minutes, 20 seconds west, a distance of 330.00 feet; thence south 1 degree, 16 minutes, 20 seconds west a distance of 659.04 feet to a point on the south line of said Land Lot No. 250; thence north 88 degrees, 52 minutes, 20 seconds west a distance of 916.03 feet to a point of beginning.
Tract Number 58
All that tract or parcel of land, situate, lying and being in the 19th and 20th Districts of Cobb County, Georgia, and being parts of Land Lot No. 32 of the 19th District, 2nd Section of said county and a part of Land Lots Nos. 327 and 320 of the 20th District, 2nd Section of said county, more particularly described as follows: beginning at a point in the center of the Marietta-Dallas Road on the line separating the 20th District from the 19th District of said county at the southeast corner of the property of C. D. Elder; and running thence north 1 degree, 02 minutes, 25 seconds east a distance of 3556.14 feet to the line of the property of G. W. Hardage Estate; thence south 88 degrees, 26 minutes east a distance of 721.28 feet to a point on the line of the property owned by the United States Government; thence south 37 degrees, 29 minutes east a distance of 1147.91 feet to the southeast corner of said Land Lot No. 320; thence north 88 degrees, 00 minutes west along the line separating Land Lot No. 320 from Land Lot No. 327 a distance of 952.09 feet to a point; thence south 0 degrees, 04 minutes, 40 seconds west a distance of 2802.25 feet crossing said district line to the center of said Marietta-Dallas Road; thence north 72 degrees, 15 minutes, 30 seconds west a distance of 418.12 feet to a point in the center of said road; thence continuing along the center of said road north 82 degrees, 40 minutes west a distance of 131.13 feet to the point of beginning.
Tract Number 59
All that tract or parcel of land, situate, lying and being in Land Lots Nos. 32 and 43 of the 19th District, 2nd Section of Cobb County, Georgia, being more particularly described as follows: beginning at a point marked by a concrete United States Government land monument located on the district line between the 19th District and the 20th District of said county being the northeast corner of said Land Lot No. 32, and running thence south no degrees, 58 minutes, 30 seconds west a distance of 252 feet to a point on the Dallas-Marietta Highway; thence north 86 degrees, 57 minutes, 30 seconds west a distance of 105.63 feet to a point; thence north 82 degrees, 35 minutes, no seconds west 113 feet to a point; thence south 7 degrees, 25 minutes, no seconds west across said highway a distance of 80 feet to a point; thence south 82 degrees, 35 minutes, no seconds east 116.05 feet to a point; thence south 86 degrees, 57 minutes, 30 seconds east 111.57 feet to a point in the center of the so called Mountain of Cheatham Hill Road; thence south no degrees, 58 minutes, 30 seconds west a distance of 40.26 feet to a point; thence south 9 degrees, 28 minutes, no seconds west 107.56 feet to a point; thence south 4 degrees, 36 minutes, 30 seconds west a distance of 285.21 feet to a point; thence south 9 degrees, 25 minutes, 30 seconds west a distance of 541.46 feet to a point; thence south 22 degrees, 24 minutes, no seconds west a distance of 361.55 feet to a point; thence south 23 degrees, 02 minutes, no seconds west a distance of 18.10 feet to a point; thence south 89 degrees, 53 minutes, 40 seconds west a distance of 1065.41 feet to a point on the west side of said Land Lot No. 43; thence north 1 degree, 09 minutes no seconds east a distance of 330.55 feet to a point marking the southwest corner of said Land Lot No. 32; thence north no degrees, 04 minutes, 40 seconds east a distance of 1337.65 feet to the northwest corner of said Land Lot No. 32, which point is in the center of the said Dallas-Marietta Highway; thence south 89 degrees, 13 minutes, 40 seconds east along the center of said highway a distance of 128.10 feet to a point; thence south 82 degrees, 40 minutes, no seconds

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east continuing along the center of said highway a distance of 131.13 feet; thence south 72 degrees, 15 minutes, 30 seconds east continuing along the center of said highway a distance of 418.12 feet to a point in the center of said highway; thence north no degrees, 04 minutes, 40 seconds east a distance of 137 feet to the north line of said Land Lot No. 32 and the district line above mentioned; thence south 89 degrees, 13 minutes, 40 seconds east along the said district line and the north line of the said Land Lot No. 32 a distance of 682.17 feet to the point of beginning, said tract containing 46.76 acres.
Tract Number 60
All those tracts or parcels of land situate, lying and being in the 19th District and 2nd Section of Cobb County, Georgia, being parts of Land Lots No. 253, No. 265, No. 266, No. 328, No. 338, No. 339, No. 403, and all of No. 329, consisting of two tracts and containing in the aggregate, one hundred thirty-nine and eighteen hundredths (139.18) acres more or less, and more particularly described as follows: Parcel 1 beginning at the original northwest corner of Land Lot No. 403 and running thence along the south line of Land Lot No. 339, North 89 degrees, 20 minutes, 30 seconds west for a distance of six hundred eighty-six and thirty-nine hundredths (686.39) feet; thence north 23 degrees, 50 minutes, 50 seconds west for a distance of two hundred sixty-four (264.00) feet to a stake in Land Lot No. 339; thence north 11 degrees, 10 minutes, 20 seconds west for a distance of one thousand one hundred twenty and ninety-two (1120.92) feet to a stake on the north line of Land Lot No. 339; thence running with the North line of Land Lot No. 339, south 88 degrees, 26 minutes east for a distance of fifty-two (52.00) feet; thence north 2 degrees, 13 minutes east for a distance of one thousand one hundred ninety-five and eighty-eight hundredths (1195.88) feet to a stake on north line of Land Lot No. 328, thence running with north line of Land Lot No. 328, north 89 degrees, 0 minutes west, a distance of three hundred sixty (360.00) feet to the northwest corner of Land Lot No. 328; thence running along west line of Land Lot No. 265, north 0 degrees, 14 minutes east, for a distance of one thousand three hundred forty-five (1345.00) feet to the northwest corner of Land Lot No. 265; thence along north line of Land Lot No. 265; south 87 degrees, 29 minutes east for a distance of three hundred twenty-three and thirty-nine hundredths (323.39) feet to a point; thence south 22 degrees, one minute, 50 seconds east for a distance of sixteen and sixty-six hundredths (16.66) feet to a stake on the west bank of a ditch; thence south 25 degrees, 16 minutes east for a distance of six hundred thirty and thirty-seven hundredths (630.37) feet to a stake on the east side of a ditch in Land Lot No. 265; thence north 50 degrees, 54 minutes, 20 seconds east for a distance of five hundred forty-one and ninety-five hundredths (541.95) feet; thence north 89 degrees, 20 minutes, 10 seconds east for a distance of two hundred ninety-two and nine hundredths (292.09) feet to the east line of Land Lot No. 265; thence running with east line of Land Lot No. 265 and west line of Land Lot No. 264, south 0 degrees, 39 minutes west for a distance of nine hundred seventysix (976.00) feet to the southwest corner of Land Lot No. 264; thence running with south line of Land Lot No. 264, south 89 degrees, 59 minutes east for a distance of one thousand three hundred twenty-five and sixty-three hundredths (13325.63) feet to the southeast corner of Land Lot No. 264 and the northeast corner of Land Lot No. 329, thence running with the east line of Land Lot No. 329, south 0 degrees, 15 minutes, 40 seconds west, for a distance of one thousand three hundred sixty-nine and ninety-one hundredths (1369.91) feet to southeast corner of Land Lot No. 329; thence running with south line of Land Lot No. 329 north 88 degrees, 26 minutes west for a distance of one thousand three hundred thirty-four and thirteen hundredths (1334.13) feet to the southwest corner of Land Lot No. 329 and the northeast corner of Land Lot No. 339; thence running with the east line of Land Lot No. 339, south 0 degrees, 49 minutes west for a distance of one thousand eighty-one and sixty-four (1081.64) feet; thence south 88 degrees, 6 minutes east for a distance of five hundred fifty-two and sixty-three hundredths (552.63) feet to a stake in Land Lot No. 338; thence south 28 degrees, 5 minutes, 40 seconds east for a distance of one hundred

THURSDAY, FEBRUARY 27, 1986

1727

sixty and six hundredths (160.06) feet to a stake in Land Lot No. 338, on the north right-of-way line of the Marietta-Powder Springs Road; thence running with said right-of-way line, south 51 degrees, 8 minutes, 10 seconds west for a distance of 160 feet to a stake on the south line of Land Lot No. 338; thence continuing with right of way line of said road, south 48 degrees 39 minutes 10 seconds west for a distance of two hundred sixty-three and twenty-six hundredths (263.26) feet; thence north 58 degrees, 57 minutes, 30 seconds west for a distance of three hundred sixty and sixtyeight hundredths (360.68) feet to the point of beginning, containing one hundred thirty-one and eighty-four hundredths (131.84) acres, more or less. Parcel 2 beginning at the original northwest corner of Land Lot No. 265 and running thence with the north line of Land Lot No. 266, north 86 degrees, 16 minutes west for a distance of one hundred fifty-five (155.00) feet; thence with center line of a ditch, south 2 degrees, 30 minutes east for a distance of seven hundred twenty-seven and thirty-two hundredths (727.32) feet to the property line of A. D. Barfield in Land Lot No. 266; thence running with the property line of A. D. Barfield, south 89 degrees, 25 minutes west for a distance of three hundred sixty-nine and fourteen hundredths (369.14) feet; thence with the property line of W. T. Hicks, north 3 degrees, 23 minutes, 20 seconds west for a distance of eight hundred three and nineteen hundredths (803.19) feet to a point on the north side of Ward Creek in Land Lot No. 253; thence north 87 degrees, 8 minutes east for a distance of five hundred forty-one and eighty-one hundredths (541.81) feet to the east line of Land Lot No. 253; thence running with the east line of Land Lot No. 253, south 0 degrees, 50 minutes west for a distance of one hundred nine (109.00) feet to the point of beginning, containing seven and thirty-four hundredths (7.34) acres, more or less.
Tract Number 61
All that tract or parcel of land situate, lying and being in the 19th District and 2nd Section of Cobb County, Georgia, being parts of Land Lots No. 43, No. 106 and No. 117, and more particularly described as follows: beginning at the original northwest corner of Land Lot No. 106 and running with north line of said land lot*, south 88 degrees, 23 minutes, 30 seconds east for a distance of three hundred twenty-five (325.00) feet to a point on the center line of the John Ward Road; thence running with center line of said road in Land Lot No. 43, north 65 degrees, 35 minutes, 20 seconds east for a distance of three hundred ninety-four and fifty-one hundredths (394.51) feet; thence south 2 degrees, 16 minutes west for a distance of one hundred seventy-three and five hundredths (173.05) feet in Land Lot No. 43 to a point on the north line of Land Lot No. 106; thence running with north line of Land Lot No. 106, south 88 degrees, 53 minutes east for a distance of four hundred forty-two and sixtythree hundredths (442.63) feet; thence crossing original line between Land Lots No. 106 and 117, south 1 degree, 56 minutes west for a distance of two thousand four hundred thirteen and twenty-six hundredths (2413.26) feet to a point on the center line of an abandoned road in Land Lot No. 117; thence running with center line of said road north 43 degrees, 36 minutes, 40 seconds west for a distance of two hundred seventy and sixty-one hundredths (270.61) feet; thence continuing with center line of said road, north 44 degrees, 24 minutes west for a distance of four hundred eighty-five and eighty-two hundredths (485.82) feet; thence continuing with center line of said road, north 43 degrees, 19 minutes, 20 seconds west for a distance of three hundred sixty-one and sixty-five hundredths (361.65) feet; thence continuing with said center line north 33 degrees, 43 minutes west for a distance of two hundred forty-five and seventy-eight (245.78) feet to a point on the east side of the John Ward Road; thence crossing said road north 52 degrees, 8 minutes, 40 seconds west for a distance of one hundred fifty-five and twenty-two hundredths (155.22) feet to the original northwest corner of Land Lot No. 117; thence running with west line of Land Lot No. 106, north 0 degrees, 10 minutes west for a distance of one thousand three hundred thirty-three and forty-five hundredths (1333.45) feet to the point of beginning, containing fortyseven and sixty-one hundredths (47.61) acres, more or less.
Tract Number 62

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JOURNAL OF THE HOUSE,

All that tract or parcel of land situate, lying and being in Land Lot No. 43 of the 19th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: beginning at the southwest corner of said Land Lot No. 43, and running thence north 1 degree, 09 minutes east along the west line of said land lot a distance of nine hundred forty-seven and seventy-eight hundredths (947.78) feet to a stake on the west line of said land lot; thence running north 89 degrees, 53 minutes, 40 seconds east along the south line of the property of Searight Goggins a distance of one thousand sixty-five and forty-one hundredths (1065.41) feet to the center of the John Ward road; thence South 23 degrees, 02 minutes west along the center of said road a distance of five hundred thirty-two and eighty-two hundredths (532.82) feet to a point; thence south 22 degrees, 32 minutes, 30 seconds west a distance of one hundred fiftyeight and ten hundredths (158. 10) feet to a point; thence south 34 degrees, 44 minutes, 30 seconds west a distance of one hundred seven and forty-two hundredths (107.42) feet to a point; thence south 45 degrees, 01 minutes, 30 seconds west a distance of one hundred and eighty-six hundredths (100.86) feet to a point; thence south 65 degrees, 35 minutes, 20 seconds west continuing along the center of said road a distance of three hundred ninety-four and fifty-one hundredths (394.51) feet to the south line of said Land Lot No. 43, thence north 88 degrees, 23 minutes, 30 seconds west & distance of three hundred twenty-five (325) feet to the southwest corner of said land lot and point of beginning, containing eighteen and twenty-seven hundredths (18.27) acres, more or less.
Tract Number 63
All that tract or parcel of land situate, lying and being in the 19th District and 2nd Section of Cobb County, Georgia, being parts of Land Lots No. 179, No. 191, No. 192, No. 253, and No. 254 and more particularly described as follows: beginning at the original northeast corner of Land Lot No. 179 and running thence along the north line of said Land Lot, north 88 degrees, 16 minutes, 20 seconds west, a distance of three hundred seventy-three and twenty-hundredths (373.20) feet to a stake; thence south 6 degrees, 30 minutes, 20 seconds west a distance of two thousand five hundred five and forty-one hundredths (2505.41) feet through Land Lot No. 179 to a stake in Land Lot No. 192; thence south 36 degrees, 15 minutes west, a distance of eight hundred thirteen and twenty-three hundredths (813.23) feet to a stake in Land Lot No. 253; thence south 30 degrees, 25 minutes, 20 seconds east, a distance of one thousand fiftyone and forty-eight hundredths (1051.48) feet to a stake in Land Lot No. 253; thence north 87 degrees, 8 minutes east, a distance of five hundred forty-one and eighty-one hundredths (541.81) feet to the east line of Land Lot No. 253; thence along east line of Land Lot No. 253; south 0 degrees, 50 minutes west, a distance of one hundred nine (109.00) feet to southeast corner of Land Lot No. 253, thence along south line of Land Lot No. 254, south 87 degrees, 29 minutes east, a distance of three hundred twentythree and thirty-nine hundredths (323.39) feet to a point on Ward Creek; thence north 22 degrees, 1 minute, 50 seconds west, a distance of four hundred seventy and nineteen hundredths (470.19) feet to a stake in Land Lot No. 254; thence north 7 degrees, 19 minutes, 10 seconds east, a distance of two thousand three hundred seven and fifty-two hundredths (2307.52) feet to the north line of Land Lot No. 191; thence with the north line of Land Lot No. 191, north 89 degrees, 26 minutes west, a distance of three hundred ninety-five and ninety-five hundredths (395.95) feet to the northwest corner of Land Lot No. 191; thence north 0 degrees, 49 minutes east a distance of one thousand four hundred eight and seventy-seven hundredths (1408.77) feet to the point of beginning, said tract containing seventy-four and thirty-eight hundredths (74.38) acres, more or less.
Tract Number 64
All those tracts or parcels of land being described as follows: A tract consisting of Land Lots 936, 937, 938, 1008, 1009, 1007 and 1010 in the 16th District 2nd Section Cobb County, Georgia.

THURSDAY, FEBRUARY 27, 1986

1729

Tract Number 65
All those tracts or parcels of land being described as follows: A tract consisting of Land Lots 248, 285, 287, 321 and 320 in the 20th District and 2nd Section of Cobb County, Georgia.
Tract Number 66
All those tracts or parcels of land being described as follows: A tract consisting of Land Lots 32, 33, 42, 43, 106, 107, 108, 115, 116, 117, 181, 182, 183, 188, 189, 257, 262 and 329 in the 19th District and 2nd Section of Cobb County, Georgia.
Tract No. 67
All that tract or parcel of land being described as follows: Those portions of Land Lots 865 and 936, 16th District and 2nd Section; Land Lots 247, 286, 322, 284, 249, 245, 246, 250, 257, 283, 282, 288, 289, 326 and 327 of the 20th District 2nd Section; Land Lots 118, 114, 184, 180, 179, 192, 191, 187, 254, 253, 263, 265, 266, 331, 330, 328, 327, 339, 338 and 337 of the 19th District and 2nd Section Cobb County, Georgia that are part of the Kennesaw Mountain National Battlefield Park, Cobb County, Georgia.
Tract Number 68
All that tract or parcel of land being described as follows: All of the right of way of the Powder Springs Road lying in Land Lots 330, 337, and 338, 19th District and 2nd Section of Cobb County, Georgia."
Section 2. An Act entitled "An Act to amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, so as to de-annex and exclude certain property from the city; to repeal conflicting laws; and for other purposes.", approved April 12, 1985 (Ga. L. 1985, p. 5143), is repealed in its entirety.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 572. By Senator Foster of the 50th:
A bill to provide that the homestead of each resident of Dawson County 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 $12,000.00 for the immediately preceding taxable year for income tax purposes.

The report of the Committee, which was favorable to the passage of the Bill, was 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:

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JOURNAL OF THE HOUSE,

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House and Senate:

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:
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 resident of Cobb County actually occupied by the owner as a residence and homestead.

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.

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.

HB 1651. By Representatives Galer of the 97th, Buck of the 95th, Robinson of the 96th, Smyre of the 92nd and Bishop of the 94th:
A bill to amend the charter of the county-wide government of Columbus, Georgia, and the Act ratifying, confirming, enacting, and incorporating said charter, so as to provide that violations of the code of ethics of the consolidated government may be punished, in addition to any other punishment provided by law, as provided by ordinance.

HB 1660. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act providing for a new board of education of Newton County, so as to change the provisions relative to the chairman of the board.

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 amusement or sporting activities.

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.

THURSDAY, FEBRUARY 27, 1986

1731

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.

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.

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.

HB 1758. By Representatives Moody of the 153rd, Byrd of the 153rd and Smith of the 152nd:
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 compensation 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.

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.

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.

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 residents of that school district who have annual incomes not exceeding $10,000.00 and who are 62 years of age or over.

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.

1732

JOURNAL OF THE HOUSE,

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.

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.

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.

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 designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.

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.

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 compensating the board.

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.

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

THURSDAY, FEBRUARY 27, 1986

1733

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 franchises for solid waste collection and disposal, ambulance service, and cable television.

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 garbage disposal, acquire and operate sanitary landfills, levy a tax, divide the county into territorial sanitation districts, and procedures connected therewith.

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.

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.

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 ordinances protecting the health, welfare, and safety of the citizens.

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:
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.

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 establishment of a water, sanitation, sewerage, and fire protection district in Gwinnett County and the levying of taxes for such services in such district.

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:

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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 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.

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.

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.

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.

SB 290. By Senator Gillis of the 20th:
A bill to amend an Act providing a new charter for the City of Soperton, so as to change the method of election of the members of council of the City of Soperton.

SB 592. By Senator Harrison of the 37th:
A bill to amend an Act creating a new charter for the City of Acworth, so as to change the provisions relating to the election of the mayor and aldermen; to provide for qualifications; to provide for entrance fees; to provide for election procedures; to provide for elections and run-off elections; to provide for staggered four-year terms of office.

The Senate has agreed to the House substitute to the following Resolution of the Senate:

SR 361. By Senators Reddish of the 6th, Burton of the 5th, Scott of the 2nd and others:
A resolution providing for the designation of the Culver Kidd Medical and Surgical Building.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the House:

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:

THURSDAY, FEBRUARY 27, 1986

1735

A resolution designating a certain highway in Cobb County as the "Lost Mountain Scenic Highway."

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.

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 Commissioners.

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.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:

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 inventory.

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 Annotated, relating to the regulation of distilled spirits, so as to provide that certain 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.

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 Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

HB 1218. By Representatives Argo of the 68th, Couch of the 40th, Benefield of the 72nd and Lee of the 72nd:

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JOURNAL OF THE HOUSE,

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.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 290. By Senator Gillis of the 20th:
A bill to amend an Act providing a new charter for the City of Soperton, so as to change the method of election of the members of council of the City of Soperton.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 592. By Senator Harrison of the 37th:
A bill to amend an Act creating a new charter for the City of Acworth, so as to change the provisions relating to the election of the mayor and aldermen; to provide for qualifications; to provide for entrance fees; to provide for election procedures; to provide for elections and run-off elections; to provide for staggered four-year terms of office.
Referred to the Committee on State Planning & Community Affairs - Local.

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

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 following Senate amendment was read:

Amend HB 1809 by striking from line 28 on page 14 the following: "327",
and inserting in lieu thereof the following: "37".

Representative Matthews of the 145th moved that the House agree to the Senate amendment to HB 1809.
On the motion, the ayes were 103, nays 0.
The motion prevailed.
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.

THURSDAY, FEBRUARY 27, 1986

1737

The following amendment was read:

Amend HB 1811 by striking from line 7 on page 6 the following: "327",
and inserting in lieu thereof the following: "37".

Representative Matthews of the 145th moved that the House agree to the Senate amendment to HB 1811.
On the motion, the ayes were 103, nays 0.
The motion prevailed.
The following Resolution of the House was again taken up for consideration:
HR 849. By Representative Dunn of the 73rd:
A resolution urging the University of Georgia Athletic Association to reimburse the University System of Georgia for any damages the university system may have to pay as a result of the lawsuit filed by Ms. Jan Kemp against two administrators in the Developmental Studies Program at the University of Georgia.
By unanimous consent, HR 849 was referred to the Committee on University System of Georgia.
The Speaker Pro Tern assumed the Chair.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
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.
The following Senate substitute was read:
A BILL
To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, 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; to define a certain term; to provide that certain uses or contracting for certain uses of automatic dialing and recorded message players are unlawful; to provide that certain uses or contracting for certain uses of automatic dialing and recorded message players are unfair acts or practices in the conduct of consumer transactions; to require the furnishing of certain information in connection with telephone calls made through the use of automatic dialing and recorded message players; to provide for time limitations upon the use of automatic dialing and recorded message players; to prohibit the connection or use of automatic dialing and

1738

JOURNAL OP THE HOUSE,

recorded message players under certain circumstances; to make it unlawful to use an automatic dialing and recorded message player for certain purposes unless a permit has been issued for such use; to provide procedures for the issuance of permits; to provide for fees; to provide for renewal of permits; to provide for exceptions; 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. 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," is amended by adding between paragraphs (1) and (1.1) of subsection (a) of Code Section 10-1-392, relating to definitions of terms used in the "Fair Business Practices Act of 1975," a new paragraph (1.05) to read as follows:
"(1.05) 'Automatic dialing and recorded message player' means any automatic device or equipment which, when connected to a telephone line, is capable of dialing telephone numbers, whether working alone or in conjunction with other equipment, and which disseminates a prerecorded message to the telephone number called."
Section 2. Said part is further amended by adding at the end of Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions, a new subsection (d) to read as follows:
"(d) (1) It shall be an unfair act or practice in the conduct of consumer transactions and unlawful for any person to use, to employ or direct another person to use, or to contract for the use of an automatic dialing and recorded message player for the purpose of advertising or offering for sale, lease, rental, or as a gift any goods, services, or property, either real or personal, primarily for personal, family, or household use or for the purpose of conducting polls or soliciting information where:
(A) Such use is on Sunday; (B) The automatic dialing and recorded message player is not so designed and equipped with an automatic clock and calendar device which will operate, even in the event of power failures, to prevent unattended operation in violation of subparagraphs (A) and (B) of this paragraph; (C) Such use involves either the random or sequential dialing of telephone numbers; (D) The automatic dialing and recorded message player does not automatically and immediately terminate its connection with any telephone call after the person called hangs up his or her telephone; (E) The recorded message fails to state clearly the name of the person or organization initiating the call within the first 20 seconds of the call; or (F) The recorded message fails to state clearly the telephone number of the person or organization initiating the call at least twice during the term of the message. (2) It shall be an unfair act or practice in the conduct of consumer transactions and unlawful for any person to connect any automatic dialing and recorded message player to any telephone line in this state for the purpose of making telephone calls to persons in this state through the use of an automatic dialing and recorded message player unless a permit has been issued for such automatic dialing and recorded message player by the administrator. Any person desiring to use an automatic dialing and recorded message player in this state shall make application for a permit to the administrator on forms prescribed by the administrator and shall pay a fee of $25.00 for such permit. Permits shall be renewed biennially as prescribed by the administrator and upon payment of a renewal fee of $25.00."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Argo of the 68th moved that the House disagree to the Senate substitute to HB 1218.
The motion prevailed.

THURSDAY, FEBRUARY 27, 1986

1739

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

SB 45. By Senators Bryant of the 3rd and Allgood of the 22nd:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to authorize the Department of Public Safety to disseminate certain information from its records to certain governmental agencies or units of this state and of the United States having legitimate governmental needs therefor.

Representative Galer of the 97th moved that the House insist on its position in substituting SB 45.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 421. By Senators Turner of the 8th, Harris of the 27th, McKenzie of the 14th and others:
A bill to amend Code Section 44-1-14 of the Official Code of Georgia Annotated, relating to abatement of hazards from abandoned wells or holes, so as to change the conditions under which approval of owners or possessors of private property is required prior to abating certain hazards and to authorize a county to expend county funds for such abatement and recover costs of such abatement.

The following amendment was read and adopted:

The Committee on Natural Resources and Environment moves to amend SB 421 by adding on line 3 of page 1 after the following:
"so as to",
the following:
"change a definition; to". By adding on line 22 of page 1 after the following: "quarries",
the following: "; clay pits; surface mines as defined in the 'Georgia Surface Mining Act of 1968'; or
geologic boreholes as defined in the 'Water Well Standards Act of 1985.'"

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M

Y Aiken Alford
Y Alien

Y Anderson Y Argo
Athon

Y Atkins Y Auten
Y Bailey

Balkcom Y Bannister
Y Bargeron

1740

JOURNAL OF THE HOUSE,

Barnett.B Barnett.M YBeck Y Benefield
YBenn Birdsong
Y Bishop Bolster
Y Bostick Y Branch
Bray Y Brooks Y Brown.G YBuck Y Burruss
YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Childs Clark.B Y Clark.L Y Colbert Y Coleman Colwell Connell Cooper Y Copelan Couch YCox Y Crawford

Y Crosby Y Cummings
Daugherty Davis Dean Dixon
Y Dobbs Y Dover Y Dunn Y Edwards
Felton
Y Floyd Y Foster
Galer YGodbee Y Goodwin Y Greene Y Greer Y Groover
Y Hamilton Y Manner
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 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 Lawson
YLee,C Y Lee,W Y Under
Logan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y MartinJ
Matthews
Y McDonald Y McKelvey
McKinney
Milam Y Milford
Y Moody Y Moore

Morton Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Patten Peters Pettit Y Phillips Y Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Redding Y Richardson Robinson, C
Y Robinson,P YRoss Y Royal Y Russell
Selman Shepard
Y Sherrod Y Sinkfield

Sizemore Y Smith.L Y Smith.P
Smith.T Smyre
YSnow Y Stancil
Steinberg Y Thomas.C Y Thomas.M
Thompson
Y Townsend
Y Triplett
Y Twiggs Y Waddle
Y Waldrep Y Walker.C Y Walker.L YWall
Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams,J Williams.R Wilson Y Wood Workman
Y Yeargin Young Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 127, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

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
Alford Y Alien
Y Anderson Y Argo
Athon
Y Atkins Y Auten
Y Bailey Balkcom
Y Bannister Y Bargeron
Barnett.B Y Barnett.M YBeck Y Benefield
Benn Birdsong

Bishop Y 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
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 Davis Dean Dixon Y Dobbs Y Dover
Y Dunn Y Edwards
Felton
Y Floyd Foster Galer
YGodbee

Y Goodwin Y Greene Y Greer Y Groover Y Hamilton
Manner Y Harris
Y Hasty YHays Y Heard
Hill Y Holcomb
Holmes Y Hooks
Y Home 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 Y Lane.D Y Lane.R Y Lawler
Lawrence Y Lawson YLee.C YLee,W Y Linder Y Logan
YLong YLord
Lucas
Y Lupton Y Maddox Y Mangum Y Martin.C

THURSDAY, FEBRUARY 27, 1986

1741

Y Martin,J Matthews McDonald
Y McKelvey
McKinney
Milam Y Milford Y Moody
Moore Morton Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett

Y Pannell Y Parham Y Parrish
Patten Peters Pettit Y Phillips Y Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay

Y Reaves Redding
Y Richardson Robinson,C Robinson,?
YRoss
Y Royal Russell
Y Selman Shepard
Y Sherrod
Y Sinkfield Sizemore
Y Smith,L Y Smith.P

Smith.T
Smyre YSnow Y Stancil
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 Wilder Y Williams.B
Y Williams,J
Williams.R
Y Wilson
Y Wood Workman
Y Yeargin Young
Murphy ,Spkr

On the passage of the Bill, the ayes were 126, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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 officials from other states for the purpose of facilitating implementation and administration of federal grant programs administered by the State of Georgia.

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 Y Alien Y Anderson YArgo Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Barnett.B Y Barnett,M Y Beck Y Benefield Benn
Birdsong Y Bishop Y Bolster Y Bostick Y Branch
YBray Y Brooks Y 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
Coleman
Colwell Connell Y Cooper Y Copelan Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Davis Dean Dixon Dobbs Y Dover Y Dunn Y Edwards Felton Y Floyd
Foster Y Galer 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
Hudson Y Isakson Y Jackson,J Y Jackson.N
Y Jamieson Y Johnson.D Y Johnson,F Y Johnson.R
Johnson,S Y Kilgore
Kingston Y Lane,D
Y Lane.R Y Lawler
Lawrence Y Lawson YLee.C Y Lee.W
Y Linder YLogan YLong YLord 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
Moore Morton Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Padgett Y Pannell
Y Parham Y Parrish
Patten
Peters
Pettit Y Phillips Y Pinkston Y Porter
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

Y Shepard
Y Sherrod Y Sinkfield
Y Sizemore
Y Smith.L Y Smith.P
Smith.T
Y Smyre
YSnow Stancil
Steinberg Y Thomas.C
Thomas.M Y Thompson Y Townsend Y Triplett
Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall
Ware Watson Y Watts White Wilder Y Williams.B Y Williams,J
Y Williams.R Y Wilson Y Wood
Workman Y Yeargin
Young Murphy.Spkr

1742

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 132, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 368. By Senator Kidd of the 25th:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions concerning the state examining boards, so as to authorize state examining boards to provide for sanctions against persons engaging in the practice of a business or profession without a proper license; to provide for cease and desist orders.

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
Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield
Benn
Birdsong
Bishop Bolster Y Bostick Y Branch Bray Y Brooks Y 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 Coleman
Y Colwell Connell
Y Cooper Y Copelan
Couch YCox Y Crawford
Y Crosby Y Cummings
Daugherty Davis Dean Dixon Y Dobbs Y Dover Y Dunn
Y Edwards Felton Floyd
Y Foster Y Galer
Y Godbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton
Hanner Y Harris Y Hasty YHays

Y Heard Hill
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
Johnson,S Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Lawler
Lawrence Y Lawson YLee,C Y Lee.W Y Linder YLogan YLong YLord Y Lucas Y Lupton N Maddoi
Y Mangum Y Martin.C Y Martin,J
Matthews McDonald

Y McKelvey
Y 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
Patten Peters Pettit Y Phillips Y Pinkston Y Porter 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

YShepard YSherrod Y Sinkfield
Sizemore
Y Smith,L Y Smith.P
Smith,T
YSmyre YSnow
Stancil Steinberg Y Thomas.C Thomas,M Y Thompson Y Townsend
Y Triplett YTwiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts
White Wilder Williams.B Y Williams^ Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin
Young Murphy,Spkr

On the passage of the Bill, the ayes were 134, nays 1. The Bill, having received the requisite constitutional majority, was passed.

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.

The report of the Committee, which was favorable to the passage of the Bill, wag agreed to.

THURSDAY, FEBRUARY 27, 1986

1743

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
Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey
Balkcom Y Bannister Y Bargeron Y Bornett.B Y Barnett.M YBeck Y Benefleld
Benn
Birdsong Bishop Bolster
Y Bostick Y Branch
Bray Y 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
Connell Y Cooper Y Copelan
Couch YCox Y Crawford Y Crosby Y Cummings
Daugherty Y Davis
Dean Y Dixon
Y Dobbs Dover
YDunn Y Edwards
Felton Floyd Foster Y Galer
Y Godbee Y Goodwill
Y Greene Y Greer Y Groover
Y Hamilton Hanner
Y Harris Y Hasty YHays

Y Heard Hill
Y Holcomb Holmes
Y Hooks Home
Y Hudson Y Isakson Y Jackson,J Y Jackson.N
Jamieson Y Johnson.D Y Johnson,F Y Johnson.R
Johnson,S Y Kilgore Y Kingston
Y Lane.D Y Lane.R Y Lawler
Lawrence Y Lawson Y Lee.C YLee,W Y Linder
Logan YLong YLord Y Lucas
Lupton Y Maddox
Y Mangum Y Martin.C Y Martin,J
Matthews Y McDonald

Y McKelvey McKinney 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 Peters
Pettit Y Phillips
Pinkston Porter Rainey Y Ramsey.T Y Ramsey.V
Y Randall Y Ransom YRay Y Reaves Y Redding
Richardson Robinson,C
Y Robinson,? YRoss Y Royal
Y Russell Y Selman

Y Shepard Y Sherrod Y Sinkfield
Sizemore Y Smith.L Y Smith,P
Smith.T YSmyre YSnow
Stancil Steinberg Y Thomas.C Thomas.M Thompson Townsend Y Triplett YTwiggs
Y Waddle Y Waldrep Y Walker,C Y Walker.L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams,B Y Williams,J Y Williams,R Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy,Spkr

On the passage of the Bill, the ayes were 129, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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

HR 850. By Representatives Childs of the 53rd, Sinkfield of the 37th, Redding of the 50th, Richardson of the 52nd, Williams of the 54th and others:
A resolution honoring Ronald E. McNair, expressing sorrow at his death, and inviting his family to appear before the House of Representatives.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 340. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide that with certain exceptions the chief magistrates of certain counties must be active members of the State Bar of Georgia; to provide that review of default judgments in the magistrate courts shall be by certiorari to the superior courts.

The following Committee substitute was read:

1744

JOURNAL OF THE HOUSE,

A BILL
To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide that prejudgment attachment may not be granted by a magistrate court; to provide that with certain exceptions the chief magistrates of certain counties must be active members of the State Bar of Georgia; to provide that no appeal may be had from default judgments in the magistrate courts; to provide for opening of defaults in certain cases; to provide for relief from judgments of the magistrate courts; to provide for recording of executions in the general execution docket kept by the clerk of superior court; to provide a minimum age requirement for clerks of the magistrate court; to provide for the powers and duties of the clerks; to provide for all matters related to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended by striking in its entirety paragraph (5) of Code Section 15-10-2, relating to the jurisdiction of magistrate courts, and inserting in its place a new paragraph (5) to read as follows:
"(5) The trial of civil claims including garnishment and attachment in which exclusive jurisdiction is not vested in the superior court and the amount demanded or the value of the property claimed does not exceed $2,500.002 provided that no prejudgment attachment may be granted;".
Section 2. Said chapter is further amended by adding at the end of Code Section 15-10-22, relating to qualifications of magistrates and practice of law by magistrates, a new subsection (c) to read as follows:
"(c) In addition to all other qualifications imposed by general or local law, in any county having a population of 75,000 or more according to the United States decennial census of 1980 or any future such census, the chief magistrate shall be an active member of the State Bar of Georgia. However, a chief magistrate who is in office in such a county on July 1, 1986, or who is in office in a county when the county's population reaches 75,000, shall be eligible to hold the office of chief magistrate in such county and to succeed himself without the necessity of meeting the qualification of active membership in the State Bar of Georgia."
Section 3. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 15-10-41, relating to trials in and appeals from magistrate courts, and inserting in its place a new subsection (b) to read as follows:
"(b) Appeals Except as otherwise provided in this subsection, appeals may be had from judgments returned in the magistrate court to the state court of the county or to the superior court of the county and the same provisions now provided for by general law for appeals contained in Code Section 5-3-29 shall be applicable to appeals from the magistrate court, the same to be a de novo appeal. No appeal shall lie from a default judgment entered in the magistrate court, provided that the defaulting party may, upon payment of costs, reopen the case in the magistrate court at any time prior to the expiration of 15 days following the entry of judgment. Any case so reopened shall stand immediately ready for trial."
Section 4. Said chapter is further amended by adding at the end of Code Section 15-10-43, relating to proceedings on civil claims, new subsections (e), (f), and (g) to read as follows:
"(e) At any time before final judgment, the court, in its discretion, upon payment of costs, may allow the default to be opened for providential cause preventing the filing of required pleadings or for excusable neglect or where the judge, from all the facts, shall determine that a proper case has been made for the default to be opened, on terms to be fixed by the court. In order to allow the default to be thus opened, the showing shall be made under oath, shall set up a meritorious defense, shall offer to plead instanter, and shall announce ready to proceed with the trial.

THURSDAY, FEBRUARY 27, 1986

1745

(f) Notwithstanding the provisions of Code Section 15-10-42, the magistrate court may grant relief from a judgment under the same circumstances as the state court may grant such relief. Requests for relief from judgments in the magistrate court shall be by filing a new action pursuant to this Code section. The procedure shall then be the same as in other cases except the court may assess costs as seems just.
(g) A complaint in equity to set aside a judgment of the magistrate court may be brought under the same circumstances as a complaint to set aside a judgment in a court of record."
Section 5. Said chapter is further amended by striking in its entirety Code Section 15-10-47, relating to money judgments in civil cases, and inserting in its place a new Code Section 15-10-47, to read as follows:
"15-10-47. (a) Except where otherwise provided by law, the general laws and rules applicable to the effect, recordation, execution, and enforcement of money judgments in civil cases in the superior courts of this state shall be applicable to and govern the magistrate courts.
(b) Upon the issuance of any execution by the magistrate court, the clerk of the magistrate court shall immediately transmit a copy of the execution to the clerk of superior court of the county. The clerk of the superior court shall immediately enter the execution upon the general execution docket in the same manner as executions issued by the superior court, without the necessity of any action by the plaintiff in fL fa. The clerk of superior court shall not charge or collect any fee for such entry."
Section 6. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 15-10-49, relating to procedure in attachment, garnishment, dispossessory, and distress warrant proceedings, and inserting in its place a new subsection (a) to read as follows:
"(a) Procedure in attachment cases shall be subject to Chapter 3 of Title 182 except that there shall be no prejudgment attachment granted in the magistrate court."
Section 7. Said chapter is further amended by striking in its entirety subsection (f) of Code Section 15-10-105, relating to the selection, compensation, and eligibility of clerks of magistrate courts, and inserting in its place a new subsection (0 to read as follows:
"(f) The eligibility for clerk is the same as for magistral^ except that a clerk shall be required to be at least 18 years of age."
Section 8. Said chapter is further amended by adding after Code Section 15-10-105 a new Code Section 15-10-105.1 to read as follows:
"15-10-105.1. (a) The duties of the clerk shall be as assigned by the chief magistrate,
(b) The authority of the clerk of magistrate court shall include the power: (1) To administer oaths and take affidavits in all cases permitted by law or where
such authority is not confined to some other officer; (2) To receive the amounts of all costs due in the court of which they are clerks
and to receive other sums whenever required to do so by law or by order of the judge, and not otherwise; and
(3) To advertise under the same rules and restrictions as apply to sheriffs."
Section 9. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Williams of the 6th moves to amend the Committee substitute to SB 340 by striking sub-paragraph "(c)" in Section 2.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

1746

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Aaron Adams.G Adams.M Aiken Alford Y Alien Y Anderson YArgo Y Athon N Atkins Y Auten Bailey N Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield Benn Y Birdsong Bishop Y Bolster Y Bostick Y Branch YBray N Brooks N Brown.G YBuck Y Burruss NByrd Y Carter Chambless Y Chance Y Cheeks Y Childers

Y Childs
Y Clark.B
Y Clark.L
Y Colbert
Y Coleman
N Colwell
Connell
Cooper
Y Copelan
Couch
YCox
Y Crawford
Y Crosby
Y Cummings
Daugherty
Y Davis Dean Dixon
NDobbs N Dover Y Dunn Y Edwards Y Felton Y Floyd N Foster Y Galer N Godbee Y Goodwin Y Greene N Greer Y Groover Y Hamilton
Hanner Y Harris 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 Y Johnson.D Y Johnson,F Y Johnson.R Y Johnson.S Y Kilgore Y Kingston
Y Lane,D YLane,R
Lawler Y Lawrence Y Lawson Y Lee.C YLee.W Y Linder
Logan YLong YLord Y Lucas
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 Morion
Mostiler
Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham N 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

N Shepard N Sherrod
Sinkfield Sizemore Y Smith,L Y Smith.P Smith.T Smyre Snow Y Stancil Steinberg
Y Thomas.C Thomas.M Thompson Townsend
Y Triplett NTwiggs
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, by substitute, as amended, the ayes were 124, nays 15.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The Speaker assumed the Chair.

SB 339. By Senator Deal of the 49th:
A bill to amend Code Section 17-11-4 of the Official Code of Georgia Annotated, relating to assessment of costs against prosecutors of criminal proceedings, 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 following Committee substitute was read:

A BILL
To amend Code Section 17-11-4 of the Official Code of Georgia Annotated, relating to assessment of costs against prosecutors of criminal proceedings, so as to provide that a magistrate may, in his discretion, assess costs and jail fees against certain persons when at a committal hearing the action is dismissed for want of probable cause and the magistrate finds that the complaint was unfounded and malicious; to provide for all related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 27, 1986

1747

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 17-11-4 of the Official Code of Georgia Annotated, relating to assessment of costs against prosecutors of criminal proceedings, is amended by designating the existing text of the Code section as subsection (a) and by adding thereafter a new subsection (b) to read as follows:
"(b) A magistrate may, in his discretion, assess costs and jail fees against the person who instigated the prosecution when, at a committal hearing, the action is dismissed for want of probable cause and the magistrate finds that the complaint was unfounded and malicious."
Section 2. This Act shall become effective July 1, 1986, and shall apply to prosecutions commenced on or after said effective date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Lawson of the 9th moves to amend the Committee substitute to SB 339 by inserting on line 8 of page 1, between "malicious;" and "to" the following:
"to provide exceptions;",
By inserting on line 24 of page 1, between "malicious." and the quotation marks the following:
"This subsection shall not apply to law enforcement personnel."

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Aaron
Adams.G YAdams.M YAiken
Alford Y Alien Y Anderson
Y Argo Y Athon Y Atkins YAuten Y Bailey Y Balkcom Y Bannister
YBargeron Y Barnett.B YBarnett,M Y Beck
Y Benefleld YBenn
YBirdsong N Bishop
Bolster Y Bostick Y Branch Y Bray N Brooks
Y Brown G YBuck YBurruss

Y Byrd
Y Carter Chambless
Y Chance Y Cheeks Y Childers
Childs
Y Clark.B Y Clark.L Y Colbert
Coleman Colwell Y Connell Y Cooper
Y Copelan Couch
Y Cox Y Crawford
Crosby Y Cummings
Daugherty YDavis
Dean Y Dixon Y Dobbs Y Dover Y Dunn
Y Edwards YFelton
Floyd

Y Foster
Y Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover
Y Hamilton Y Hanner Y Harris Y Hasty Y Hays 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 Y Lane,D

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
Matthews Y 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 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
Robmson.C Y Robinson,?
Y Ross Y Royal
Y Russell Y Selman
Shepard Y Sherrod N Sinkfield
Y Sizemore Y Smith,L Y Smith.P

1748

JOURNAL OF THE HOUSE,

Smith.T
Smyre YSnow
Y Stancil Y Steinberg Y Thomas.C

Thomas.M Thompson Y Townsend Y Triplet! Y Twiggs Y Waddle

Y Waldrep Y Walker.C Y Walker.L YWall Y Ware
Watson

Y Watts White Wilder Williams.B
N Williams,J Y Williams,R

Wilson
YWood Y Workman Y Yeargin
Y Young Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 147, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Davis of the 45th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB
339, by substitute, as amended.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 117u. 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 Annotated, relating to the termination of the State Board of Examiners of Psychologists, 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 1176 by striking from line 15 of page 1 the following: "issuance", and inserting in its place the following: "revocation". By striking from lines 7 and 8 of page 9 the following: " his discretion may shall", and inserting in its place the following: "in his discretion may". By striking from lines 15 and 16 of page 9 the following: "may, in its discretion,", and inserting in its place the following: "may, m its discretion, shall".

Representative Childers of the 15th moved that the House agree to the Senate amendment to HB 1176.
On the motion, the roll call was ordered and the vote was as follows:

Aaron
Adams.G Y Adams.M Y Aiken

Alford
Alien Y Anderson Y Argo

Y Athon
Y Atkins Y Auten
Bailey

Balkcom
Y Bannister Bargeron Barnett,B

Barnett,M
Y Beck Y Benefield
Benn

THURSDAY, FEBRUARY 27, 1986

1749

Y Birdsong Bishop Bolster
Y Bostick Branch
YBray Brooks
Y Brown.G YBuck Y Burruss YByrd Y Carter
Chambless Y Chance Y Cheeks Y Childers
Childs Clark.B Y Clark.L Y Colbert Coleman Y Colwell Connell Y Cooper Y Copelan Couch Cox Y Crawford
Crosby Y Cummings
Daugherty Davis

Dean Dixon Y Dobbs Y Dover YDunn Edwards Felton
Y Floyd Foster Galer
Y Godbee Y Goodwin
Greene Y Greer
Y Groover Y Hamilton Y Manner Y Harris
Hasty YHays Y Heard
Hill
Holcomb Y Holmes Y Hooks
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
Lane.D
Lane,R N Lawler Y Lawrence Y Lawson Y Lee,C Y Lee,W Y Under YLogan YLong YLord Y Lucas
Y Lupton Y Maddoi
Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald
Y McKelvey McKinney Milam
Y Milford Y Moody Y Moore
Morton Y Mostiler

On the motion, the ayes were 112, nays 1. The motion prevailed.

Moultrie Y Mueller Y Oliver.C
Y Padgett Y Pannell Y Parham
Parrish Patten
Y Peters Y Pettit
Phillips
Y Pinkston Y Porter Y Rainey Y Ramsey.T
Ramsey.V Randall Y Ransom
YRay Y Reaves Y Redding
Richardson Robinson,C Y Robinson,? Rosa Y Royal Y Russell Selman Shepard Y Sherrod Y Sinkfield
Y Sizemore

Smith,L Y Smith.P Y Smith.T YSmyre YSnow Y Stancil
Steinberg Thomas.C Thomas.M Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Ware
Watson Y Watts
White Wilder Y Williams.B Y Williams,J Y Williams.R Wilson Y Wood Workman Yeargin Young Murphy.Spkr

Representative Lawler of the 20th stated that he inadvertently voted "nay" on the preceding roll call. He wished to vote "aye" thereon.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Motor Vehicles and referred to the Committee on Judiciary:

SB 341. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to required uninsured motorist coverage in motor vehicle liability insurance policies, so as to change provisions relating to motor vehicles considered to be uninsured motor vehicles; to change provisions relating to underinsured motorist coverage.

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

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 Annotated, 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 qualified.

The following Senate substitute was read:

1750

JOURNAL OF THE HOUSE,

A BILL
To amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys, so as to provide a definition; to provide that any person who is appointed as a state paid assistant district attorney and who has attained, in addition to a J.D. or LL.B. degree, 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 qualified; to provide for the salary advance of an assistant district attorney who attains an LL.M. degree; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys, is amended by inserting immediately following paragraph (3) of subsection (a) a new paragraph, to be designated paragraph (3.1), to read as follows:
"(3.1) 'LL.M. degree' means a masters in law awarded by a law school accredited by the American Bar Association and the Association of American Law Schools in a field of study which has been approved by the Prosecuting Attorneys' Council of Georgia."
Section 2. Said Code section is further amended by striking from the end of subparagraph (f)(2)(D) the word "and", by replacing the period at the end of subparagraph (f)(2)(E) with the symbol and word "; and", and by adding a new subparagraph (f)(2)(F) to read as follows:
"(F) Any person who is appointed as a state paid assistant district attorney and who has attained, in addition to a J.D. or LL.B. degree, 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 qualified."
Section 3. Said Code section is further amended by striking in its entirety subsection (h) and inserting in its place a new subsection (h) to read as follows:
"(h) All salary advancements shall be based on quality of workj education, and performance. The salary of an attorney appointed pursuant to this Code section may be advanced one step at the first of the calendar month following the anniversary of such attorney's appointment; provided, however, that any attorney who, subsequent to his appointment pursuant to this Code section, attains an LL.M. degree, may be advanced two salary steps effective on the first day of the calendar month following the award of the LL.M. degree. No attorney's salary shall be increased beyond the maximum of the salary range applicable to the attorney's class. Any reduction in salary shall be made in accordance with steps in the salary schedule provided for by subsection (e) of this Code section."

Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Thomas of the 69th moved that the House agree to the Senate substitute to HB 1277.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams,G
Y Adams.M Y Aiken
Alford Alien Y Anderson YArgo Y Athon Y Atkins Auten Y Bailey
Balkcom

Y Bannister Y Bargeron Y Barnett.B Y Barnett,M Y Beck Y Benefield Y Benn YBirdsong
Bishop Bolster Y Bostick Branch
Y Bray

Brooks Y Brown.G Y Buck Y Burruss Y Byrd Y Carter
Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B
Y Clark.L

Y Colbert Coleman
Y Colwell Connell Cooper
Y Copelan Y Couch Y Cox Y Crawford
Crosby Y Cummings
Daugherty
Y Davis

Dean Dixon Y Dobbs Y Dover Y Dunn Edwards Y Felton Floyd Y Foster Y Galer Y Godbee Y Goodwin
Y Greene

THURSDAY, FEBRUARY 27, 1986

1751

YGreer Y Groover Y Hamilton Y Manner
Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home
Hudson Isakson Y Jackson,J Y Jackson.N Y Jamieson Johnson.D Y Johnson,F Y Johnson.R Y Johnson,S Y Kilgore

Y Kingston Y Lane,D Y Lane.R
Lawler
Y Lawrence Y Lawson
Y Lee.C Y Lee.W Y Under
YLogan YLong
Lord Lucas Y Lupton Y Maddox
Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey
McKinney
Milam

Y Milford Y Moody Y Moore
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
Ramsey.T Y Ramsey.V Y Randall Y Ransom

On the motion, the ayes were 134, nays 0. The motion prevailed.

YRay Reaves
Y Redding Y Richardson
Robinson,C Y Robinson,P YRoss Y Royal Y Russell
Selman
Shepard Y Sherrod Y Sinkfield
Sizemore Smith,L Y Smith,P Smith.T YSmyre YSnow Y Stancil Y Steinberg Y Thomas.C Thomas,M

Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White Wilder Y 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 adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 1146. By Representative Johnson of the 72nd:
A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court costs, so as to provide that 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 President has appointed on the part of the Senate the following: Senators Dawkins of the 45th, Peevy of the 48th and Greene of the 26th.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:

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 Annotated, 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 unincorporated areas of counties.

The following Senate amendment was read:

1752

JOURNAL OF THE HOUSE,

Amend HB 1465 by adding on line 19 of page 2, between the word "installation" and the word "is", the following:
"permit".

Representative Peters of the 2nd moved that the House agree to the Senate amendment to HB 1465.
On the motion, the roll call was ordered and the vote was as follows:

Aaron
Adams.G Y Adams.M
Y Aiken Alford
Y Alien Y Anderson
YArgo Y Athon
Y Atkins Y Auten
Y Bailey Balkcom
Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield Y Benn Y Birdsong
Bishop Bolster Y Bostick Branch
YBray Brooks
Y Brown.G YBuck Y Burruss
YByrd Y Carter
Chambless Y Chance Y Cheeks Y Childere

Y Childs Clark.B
Y Clark.L Y Colbert
Coleman Y Colwell Y Connell
Cooper Y Copelan Y Couch YCox Y Crawford
Crosby Y Cummings
Daugherty
Y Davis Dean
Dixon Y Dobbs Y Dover YDunn
Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton
Manner Harris
Y Hasty YHays

Y Heard YHill Y Holcomb
Holmes Y Hooks YHorne
Hudson Ylsakson Y Jackson,J Y Jackson.N Y Jamieson
Johnson.D Y Johnson.F Y Johnson,R
Y Johnson,S Kilgore
Y Kingston
Y Lane.D Y Lane.R
Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Under
YLogan YLong YLord
Lucas Y Lupton Y Maddox
Y Mangum Y Martin.C Y Martin,J Y Matthews
McDonald

On the motion, the ayes were 135, nays 0. The motion prevailed.

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 Y Pettit Y Phillips
Pinkston Y Porter Y Rainey
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
Sehnan

Shepard Y Sherrod Y Sinkfield Y Sizemore
Smith.L Y Smith.P
Smith.T Y Smyre Y Snow
Y Stancil Steinberg Thomas.C 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
White Wilder Y Williams.B
Y Williams,J Y Williams.R
Wilson Y Wood
Workman Y Yeargin Y Young
Murphy.Sph

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 following Senate amendment was read:

Amend HB 1573 by striking in their entirety lines 1 through 6 on page 2, which read as follows:

THURSDAY, FEBRUARY 27, 1986

1753

"(3) Any item or items which an agency feels should be included in its personal property inventory even though it fails to meet the criteria outlined above, provided the agency obtains prior approval from the Department ef- Administrative Services as stipulated in this part.'",
and inserting in lieu thereof the following:
"(3) Any item or items which an agency feels should be included in its personal property inventory even though it fails to meet the criteria outlined above; provided the agency obtains prior approval front the Department ef- Administrative Services.'"

Representative Dobbs of the 73rd moved that the House agree to the Senate amendment to HB 1573.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M Y Aiken
Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten
Bailey Balkcom Y Bannister
Y Bargeron Y Barnett,B Y Barnett,M YBeck
Benefleld YBenn Y Birdsong
Bishop Bolster Y Bostick Y Branch YBray Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter
Chambless Y Chance
Y Cheeks Y Childers

Childs Y Clark.B
Y Clark,L Y Colbert
Coleman Y Colwell Y Connell
Cooper Y Copelan Y Couch YCox
Crawford Y Crosby Y Cummings
Daugherty Y Davis
Dean Dixon
Y Dobbs Y Dover Y Dunn
Edwards Y Felton
Floyd Foster Y Galer God bee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Manner Harris Y Hasty YHays

Y Heard YHill Y Holcomb
Holmes Y Hooks YHorne Y Hudson Ylsakson Y Jackson.J Y Jackson,N Y Jamieson
Johnson,D Y Johnson,F Y Johnson.R
Y Johnson,S Kilgore
Y Kingston
Y Lane,D Y Lane,R
Lawler Y Lawrence Y Lawson YLee.C YLee.W Y Under Y Logan YLong YLord
Lucas
Y Lupton Y Maddox Y Mangum
Y Martin.C Martin,J
Y Matthews McDonald

On the motion, the ayes were 120, nays 0. The motion prevailed.

Y McKelvey McKinney Milam
Y Milford
Moody Y Moore YMorton Y Mostiler
Moultrie Mueller
Y Oliver.C Y Padgett Y Pannell YParham Y Parrish
Patten Peters Y Pettit Y Phillips Pinkston Y Porter Rainey Ramsey.T Y Ramsey.V Randall
Y Ransom YRay
Reaves Y Redding
Richardson Y Robinson.C Y Robinson,? YRoss Y Royal Y Russell
Selman

Shepard Y Sherrod
Sinkfleld Y Sizemore
Smith.L
Y Smith,P Smith.T
YSmyre YSnow Y Stancil
Stein berg Thomas.C Thomas,M Thompson Townsend Y Triplett Y Twiggs Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Ware Watson Y Watts White Wilder Y Williams.B Y Williams,J Y Williams.R Wilson
Y Wood Workman
Y Yeargin Y Young
Murphy.Spkr

HB 1538. By Representative Ware of the 77th:
A bill to amend Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, so as to extend the time of operation of the chapter.

The following Senate substitute was read:

A BILL
To amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and requirements for transacting insurance, so as to declare the necessity

1754

JOURNAL OF THE HOUSE,

of reporting of certain information by liability insurers; to require reports; to provide for the responsibility of the Commissioner of Insurance to ensure compliance with the reporting requirements; to provide for a date when such annual reports shall be due; to provide for certain actions against insurers required to file such annual reports; to amend Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, so as to extend the time of operation of the chapter; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and requirements for transacting insurance, is amended by adding a new Code Section 33-3-21.1 to read as follows:
"33-3-21.1. (a) The Commissioner shall promulgate rules and regulations which shall require each insurer licensed to write property and casualty insurance in this state, as a supplement to the annual report required under Code Section 33-3-21, to submit a report on a form furnished by the Commissioner showing its direct writings in this state.
(b) The supplemental report required by subsection (a) of this section shall include hut need not be limited to the following types of insurance written by such insurer:
(1) Motor vehicle bodily injury liability insurance, including medical payments insurance;
(2) Products liability insurance; (3) Medical malpractice insurance; (4) Architects' and engineers' malpractice insurance; (5) Attorneys' malpractice insurance; (6) Motor vehicle personal injury protection insurance; (7) Motor vehicle property liability insurance; (8) Uninsured motorist insurance; (9) Underinsured motorist insurance; and (10) Commercial casualty or property insurance as defined in paragraph (1) of Code Section 33-7-3 or Code Section 33-7-6. (c) The supplemental reports shall include the following data for the previous year ending on the thirty-first day of December: (1) Direct premiums written; (2) Direct premiums earned; (3) Net investment income, including net realized capital gains and losses, using appropriate estimates where necessary; (4) Incurred claims, developed as the sum of, and with figures provided for all loss transactions on accident (occurrence) by year of the accident (occurrence), the following:
(A) Dollar amount of claims closed with payment, plus (B) Reserves for reported claims at the end of the current year, minus (C) Reserves for reported claims at the end of the previous year, plus (D) Reserves for incurred but not reported claims at the end of the current year, minus (E) Reserves for incurred but not reported claims at the end of the previous year, plus (F) Reserves for loss adjustment expense at the end of the current year, minus (G) Reserves for loss adjustment expense at the end of the previous year; (5) Actual incurred expenses allocated separately to loss adjustment, commissions, other acquisition costs, general office expenses, taxes, licenses, and fees, and all other expenses; (6) Net underwriting gain or loss; and (7) Net operation gain or loss, including net investment income. (d) This report shall be due by the first day of May, 1987, and of each year thereafter and the first report shall cover the year 1986.

THURSDAY, FEBRUARY 27, 1986

1755

(e) It shall be the duty of the Commissioner to annually compile and review all such reports submitted by insurers pursuant to this Code section. Filings under this Code section shall be public records and shall be available to any interested insured or citizen.
(f) Any person may bring an action against an insurer required by this Code section to file annual statements as herein prescribed for any of the following purposes:
(1) To require disclosure of the foundation for any of the items contained in said insurer's annual report;
(2) To require that premiums charged have some reasonable connection to the risks of loss of the particular insured; and
(3) To seek a refund of excessive premiums paid which, based on reasonable actuarial projections, show that loss reserves for previous years were unjustified by later actual claims experience."
Section 2. Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, is amended by striking Code Section 33-33-11 in its entirety and inserting in its place a new Code Section 33-33-11 to read as follows:
"33-33-11. This chapter shall no longer be of any force or effect after December 31, 1986 1990, or after the expiration of the Urban Property Protection and Reinsurance Act of 1968 or any reenactment of the same, whichever shall last occur, except that obligations incurred by the association to be established pursuant to this chapter shall not be impaired by the expiration of this chapter and such association shall be continued for the purpose of performing such obligations."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Ware of the 77th moved that the House disagree to the Senate substitute to HB 1538.
The motion prevailed.

HB 1246. By Representatives Watson of the 114th, Kilgore of the 42nd and Hooks of the 116th:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to change the provisions relating to 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.

The following Senate substitute was read:

A BILL
To amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to change the provisions relating to additional eligibility requirements in certain counties; 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 and certain provisions of law have been made applicable to such chief clerk, if such clerk meets the qualifications of office for probate judge, such chief clerk shall assume the duties of the office of the judge of the probate court upon the death, resignation, or incapacity of such judge; to provide for determination of incapacity of a probate judge; to provide procedures; to provide for terms of service and compensation of chief clerks serving in the capacity of probate judges; to provide for elections to fill vacancies; to change the provisions relating to the appointment of clerks in the probate court; to provide authority for the appointment of chief clerks of the probate judges; to provide for the authority and powers of chief clerks of the

1756

JOURNAL OF THE HOUSE,

probate judges; to provide for the duties and authority of chief clerks of the probate judges; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by striking in its entirety subsection (a) of Code Section 15-9-4, relating to additional eligibility requirements in certain counties, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In all counties of this state having a population of more than 100,000 according to the United States decennial census of 1970 or any future such census, no person shall be judge of the probate court unless at the time of his election, in addition to the qualifications required by law, he has attained the age of 30 years and either has practiced law or participated in the writing or passage of law for three years preceding his election or has served for at least five years as a clerk of the probate court, which service has been continuous and immediately prior to his election as judge of the probate court."
Section 2. Said chapter is further amended by striking Code Section 15-9-11.1 in its entirety and inserting in lieu thereof a new Code Section 15-9-11.1 to read as follows:
"15-9-11.1. (a) Notwithstanding the provisions of Code Sections 15-9-10 and io~y~ii, in oil counties of tnis stctte nftvmg d population of not less tn&n lou^uv/u snd
!->.-.+ mArn tVinn 1 CO 000 n pf*ArH in o to f HA T Tr>itpH Rtntpq Hirpnriifil ppntma nf 1 OftO AT* any
future such census, any county in which a chief clerk of the probate judge has been appointed pursuant to Code Section 15-9-36, if this Code section has expressly been made applicable to such chief clerk and said chief clerk meets all qualifications for the office of probate judge, the chief clerk of the probate judge shall assume the duties of the office of the judge of the probate court upon the death, resignation, or incapacity^ er inability of the such judge of the probate court of any such county to serve; the chief etefk ef such jwdge shaH assume the duties ef the office. Such chief clerk of the probate judge shall serve until such time as the incapacity er inability of such judge is removed or until January 1. following the next succeeding general election, whichever occurs first. The chief clerk of the probate judge shall receive no additional compensation for performing the duties of such judge except in cases involving the death or resignation of such judge, in which case the chief clerk of the probate judge shall receive the same compensation, paid in the same manner, as such judge would have received. Unless the
ftcity of mobility ot sucn jiid^je is fcmoved prior to trie next succeeding election^ s duly cjuftirtied person snflii DC elected ss jud0ej find sucn person iso elected sfeaH serve fof the remainder ef the unexpired term of- officer If the next succeeding general election is not one at which county officers are elected and unless the incapacity of such judge is removed prior to such election, a duly qualified person shall be elected judge at a special election held at the same time as the general election. The person so elected shall take office on January I following such election and shall serve for the remainder of the unexpired term of office.
(b) The probate judge may sign an order stating that he is incapacitated to perform the duties of his office, in which case the chief clerk of the probate judge shall act as probate judge. If the chief clerk of the probate judge begins acting as probate judge pursuant to the order of the probate judge, then the probate judge may enter a subsequent order declaring that his incapacity has passed and the probate judge shall resume the duties of his office.
(c) If the chief clerk of the probate judge or a judge of the state or superior court believes that the probate judge is incapacitated, a majority of the superior court judges of the judicial circuit in which the probate court lies may, upon such notice to the probate judge as is reasonable in the circumstances, declare that the probate judge is incapacitated, which shall cause the chief clerk to act as probate judge for not more than ten days. In order for the chief clerk to act as probate judge for longer than ten days, a majority of the superior court judges of the judicial circuit in which the probate court lies shall have to decide, after at least ten days' prior written notice personally served upon the probate judge, that such judge is incapacitated to perform the duties of his

THURSDAY, FEBRUARY 27, 1986

1757

office. The time period during which the chief clerk of the probate judge may continue to act as probate judge shall be determined as provided in subsection (a) of this Code section. If at any time the probate judge believes that he has regained his capacity, he may so notify the chief clerk of the probate judge; and, if the chief clerk consents, then the probate judge shall resume his office. If the chief clerk disagrees, then a hearing shall be held within ten days before the superior court judges of the circuit. The burden in every such case shall be upon the party asserting incapacity."
Section 3. Said chapter is further amended by striking Code Section 15-9-36 in its entirety and inserting in lieu thereof a new Code Section 15-9-36 to read as follows:
"15-9-36. (a) The judges of the probate courts are, by virtue of their offices, clerks of their own courts; but they may^ at their own expense, appoint one or more clerks, for whose conduct they are responsible, who hold their offices at the pleasure of the judge unless such clerks are under a county personnel system. The judges of the probate courts shall also have the authority to appoint one of their clerks as chief clerk of the probate judge unless otherwise provided by local law.
(b) The appointed clerks^ including the chief clerk of the probate judge, may do all acts the judges of the probate courts could do which are not judicial in their nature and may act for judges of the probate courts in those cases in which they are authorized to act for the judge by Code Section 15-9-13. The chief clerk of the probate judge shall also have the authority prescribed in Code Section 15-9-11.1 ifj and only if, the order appointing such chief clerk expressly states that Code Section 15-9-11.1 is intended to apply to such chief clerk."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Watson of the 114th moved that the House disagree to the Senate substitute to HB 1246.
The motion prevailed.

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 following Senate amendment was read:

Amend HB 1789 by striking from lines 10 and 11 of page 1 the following:
"job description and compensation",
and inserting in place thereof the following:
"terms or conditions of their employment".
By striking all matter on lines 1 through 12 of page 5 and inserting in lieu thereof the following:
'"(b) To conduct hearings and render decisions on charges preferred against persons employed in the several departments and offices included in said civil service system; to hear and decide appeals by any employee who claims to have been improperly dismissed; and to hear and decide appeals by any employee who claims to have been aggrieved by an adverse decision concerning the terms or conditions of his or her employment, specifically including decisions involving disciplinary actions, promotions, demotions, salary, or job classification disputes; this power including the power to

1758

JOURNAL OF THE HOUSE,

recommend all changes necessary to resolve any and all disputes and meritorious appeals.'"
Representative Thomas of the 69th moved that the House agree to the Senate amendment to HB 1789.
On the motion, the ayes were 103, nays 0. The motion prevailed.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

SB 405. By Senator Kidd of the 25th:
A bill to amend Code Section 15-6-88 of the Official Code of Georgia Annotated, relating to minimum annual salaries for clerks of superior courts, so as to change the minimum annual salary.

The following amendment was read and adopted:

Representative Isakson of the 21st moves to amend SB 405 as follows:
On page 2, line 11, delete the number "299,000" and insert in lieu thereof the number "294,999", and
On line 12, page 2, delete the number "300,000" and insert in lieu thereof the number "295,000".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Aaron Adams.G
Y Adams.M YAiken
Alford Y Alien
Y Andereon Y Argo YAthon Y Atkins
Auten Y Bailey
Balkcom
Y Bannister YBargeron Y Barnett,B Y Barnett.M Y Beck
Y Benefield Benn
Y Birdsong Bishop Bolster Bostick
Y Branch
Y Bray Brooks
Y Brown.G Y Buck

Burruss Y Byrd
Y Carter Chambless
Y Chance Y Cheeks
N Childers Y Childs
Clark.B Y Clark.L Y Colbert
Coleman Y Colwell
Connell Y Cooper Y Copelan Y Couch
Cox
Y Crawford Y Crosby Y Cummings
Daugherty N Davis
Dean
Diion
Y Dobbs Y Dover Y Dunn
Edwards

Y Felton Floyd
Y Foster Y Galer N Godbee
Goodwin
Y Greene Y Greer
Groover Hamilton Y Hanner Y Harris Y Hasty
Y Hays Y Heard Y 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
Johnson,S

Kilgore Y Kingston
Y Lane.D Y Lane.R Y Lawler N Lawrence
Y Lawson Y Lee.C Y Lee.W Y Under Y Logan
Long Y Lord
Lucas Y Lupton Y Maddox Y Mangum Y Martin.C
Martin,J Y Matthews Y McDonald N McKelvey
McKinney Milam
Y Milford
Y Moody Y Moore N Morton
Mostiler

Y Moultrie N Mueller
Oliver.C Y Padgett Y Pannell Y Parham
Y Parrish Patten Peters
Y Pettit Y Phillips
Pinkston Y Porter
Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom
Y Ray Y Reaves
Redding Y Richardson
Robinson.C Robinson,P
Rosa
Y Royal Y Russell Y Selman Y Shepard

THURSDAY, FEBRUARY 27, 1986

1759

Y Sherrod Sinkfield
Y Sizemore YSmith.L
Smith.P
Smith.T Smyre

Y Snow Y Stancil
Steinberg Y Thomas.C
Thoroas.M
Thompson Townsend

Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C
Y Walker,L N Wall

Ware Y Watson Y Watts
White Wilder
Y Williams.B Y Williams,J

Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin
Young Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 117, nays 8.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Bargeron of the 108th stated that he inadvertently voted "aye" on the preceding roll call. He wished to vote "nay" thereon.

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.

Representative Hays of the 1st gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 405, as amended.

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; and for other purposes.
WHEREAS, numerous citizens of this state each year suffer losses when their crops and gardens are consumed and damaged by wild deer; and
WHEREAS, citizens also frequently incur property damage when they unavoidably hit wild deer with their automobiles; and
WHEREAS, the laws of this state declare that the ownership of, jurisdiction over, and control of all wildlife are in the State of Georgia; and
WHEREAS, despite its ownership of and control over wild deer the state has never assumed any responsibility for damages caused to its citizens by wild deer; and
WHEREAS, it is possible that in the interests of justice the state should provide some form of compensation to citizens who incur property damage caused by wild deer.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the Property Damage by Deer Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House. The Speaker of the House shall appoint the chairman and vice-chairman of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of all issues and matters relevant to compensation of citi/ens of this state who incur property damage caused by wild deer. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days. The funds necessary to carry out the provisions of this resolution

1760

JOURNAL OF THE HOUSE,

shall come from the funds appropriated to or available to the legislative branch of government. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, no later than December 1, 1986, at which time the committee shall stand abolished.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M N Aiken
Alford Y Alien Y Anderson
YArgo Athon
Y Atkins Y Auten Y Bailey
Balkcom
N Bannister Y Bargeron
Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong
Bishop Bolster Y Bostick Y Branch
YBray Brooks
Y Brown.G YBuck
Burruss YByrd Y Carter
Chambless Y Chance
Cheeks Y Childers

Y Childs Clark.B
Y Clark.L N Colbert
Coleman Y Colwell
Y Connell Y Cooper Y Copelan
Couch
YCox Y Crawford Y Crosby Y Cummings
Daugherty Davis Dean Y Dixon Dobbs
Y Dover Y Dunn
Edwards N Felton
Y Floyd Y Foster Y Galer Y Godbee N Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays

Y Heard NHill Y Holcomb N Holmes Y Hooks
Y Home Y Hudson N 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 N Lawrence Y Lawson
Y Lee,C Y Lee.W N Linder Y Logan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C
Martin.J
Y Matthews Y McDonald

Y McKelvey McKinney
YMilam Y Milford
Y Moody Y Moore N Morton
Mostiler Y Moultrie N 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 N Ramsey.V YRandall
N Ransom YRay Y Reaves Y Redding Y Richardson
Robinson,C Robinson,P
YRoss Y Royal
Russell
Y Selman

N Shepard Y Sherrod
Sinkfield Y Sizemore Y Smith,L
Smith.P Smith.T Y Smyre YSnow
Y Stancil Stein berg
Y Thomas.C
Thomas.M
Thompson
Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep Y 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 adoption of the Resolution, the ayes were 126, nays 15. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Goodwin of the 63rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to vote "aye" thereon.
The Speaker Pro Tern assumed the Chair.

SB 309. By Senator Kidd of the 25th:
A bill to amend Code Section 15-11-21 of the Official Code of Georgia Annotated, relating to release of child where detention not warranted, so as to extend the time for making and presenting a petition to the court in cases when the child not released at a detention hearing is alleged to be a deprived child.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

THURSDAY, FEBRUARY 27, 1986

1761

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
Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield Y Benn Y Birdsong
Bishop Y Bolster Y Bostick Y Branch YBray
Brooks Y Brown.G YBuck Y Burruss
Byrd Y Carter
Chambless Y Chance Y Cheeks Y Childers

Y Childs Y Clark.B Y Clark.L Y Colbert
Coleman Y Colwell
Connell Y Cooper Y Copelan Y Couch
Cox Y Crawford
Crosby Y Cummings
Daugherty Y Davis
Dean Y Dixon Y Dobbs Y Dover Y Dunn
Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin
Greene Y Greer Y Groover Y Hamilton Y Hanner Y Harris Y Hasty
Hays

Y Heard YHill Y Holcomb Y Holmes Y Hooks
Home Y Hudson Y Isakson Y Jackson,J
Jackson.N Y Jamieson
Johnson,D Y Johnson.F Y Johnson.R Y Johnson ,S Y Kilgore Y Kingston Y Lane.D
Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Under YLogan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald

Y McKelvey McKinney
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 Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Robinson.C Y Robinson,? YRoss Y Royal Y Russell Y Selman

Y Shepard Y Sherrod
Sinkfield
Y Sizemore
Y Smith.L
Smith.P
Smith.T
Y Smyre
Snow
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 Watts White 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 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 417. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to authorize an owner of private property to file a petition with the Department of Public Safety requesting that state and local law enforcement agencies be authorized to enforce the uniform rules of the road on said private property; to provide that a plat delineating the roads, streets, and common areas shall also be filed with the petition.

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
Alford Y Alien Y Anderson YArgo Y Athon
Atkins Y Auten Y Bailey
Balkcom

Y Bannister Y Bargeron
Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn
Birdsong Bishop Y Bolster Y Bostick Y Branch YBray

Brooks Y Brown.G
YBuck Y Burruss YByrd Y Carter
Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B
Y Clark,L

Y Colbert Coleman
Y Colwell Connell Cooper
Y Copelan
Y Couch YCox Y Crawford Y Crosby Y Cummings
Daugherty Y Davis

Dean Y Dixon Y Dobbs Y Dover
YDunn Edwards
Y Felton Y Floyd
Y Foster Y Galer YGodbee
Goodwin Y Greene

1762

JOURNAL OF THE HOUSE,

Y Greer 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 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 Y Logan YLong YLord
Lucas Y Lupton
Maddox
Y Mangum Y Martin.C Y MartinJ
Y Matthews Y McDonald Y McKelvey
McKinney Y Milam

Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y 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 Y Ramsey.V Y Randall Y Ransom

Ray Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P YRoss Y Royal Y Russell Y Selman
Y Shepard Y Sherrod
Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smyre YSnow
Y Stancil Y Steinberg Y Thomas.C
Thomas.M

Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L
Y Wall Ware
Y Watson
Watts White 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 142, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

SB 436. By Senators Garner of the 30th, Kennedy of the 4th, Engram of the 34th and others:
A bill to amend Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions of the state and counties, so as to permit wardens and superintendents to deputize persons in their employ; to permit the commissioner of corrections to confer police officer's power to necessary people in his employment.

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
Alford
Y Alien Y Anderson
Y Argo Y Athon Y Atkins Y Auten Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M
YBeck Benefield
YBenn Y Birdsong
Bishop Y Bolster Y Bostick Y Branch

Bray Brooks
Y Brown.G YBuck Y Burruss YByrd Y Carter
Chambless Y 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 YDean Y Dixon Y Dobbs Y Dover Y Dunn
Edwards
Y Felton Y Floyd Y Foster Y Galer YGodbee
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
Johnson.R Y Johnson ,S Y Kilgore Y Kingston
Y Lane.D N Lane.R Y Lawler
Y Lawrence Y Lawson YLee,C Y Lee.W Y Linder Y Logan YLong YLord

Lucas Y Lupton
Maddox Y Mangum Y Martin.C
Y Martin,J Y Matthews Y McDonald Y McKelvey
McKinney Y Milam Y Milford Y Moody Y Moore
Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C
Y Padgett Y Pannell
Y Parham Y Parrish
Patten Y Peters

THURSDAY, FEBRUARY 27, 1986

1763

Y Pettit Y Phillips
Pinks ton Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
YRay Y Reaves

Y Redding Richardson
Y Robinson.C Y Robinson.P YRoss Y Royal Y Russell Y Selman
Y Shepard Y Sherrod N Sinkfield

Y Sizemore Y Smith.L Y Smith.P
Smith.T Y Smyre YSnow Y Stancil Y Steinberg
Thomas.C Y Thomas.M Y Thompson

Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall
Ware Watson Y Watts

White Wilder Y Williams.B Y WilliamsJ Y Williams.R Y Wilson
YWood Y Workman Y Yeargin Y Young
Murphy.Spkr

On the passage of the Bill, the ayes were 147, nays 2. The Bill, having received the requisite constitutional majority, was passed.

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.

SB 473. By Senator Dawkins of the 45th:
A bill to amend Code Section 34-8-123 of the Official Code of Georgia Annotated, relating to financing of benefits paid employees of nonprofit organizations under the "Employment Security Law," so as to provide that, in the discretion of the Commissioner of Labor, the Department of Labor may secure security bonds for employers and defray all or any portion of the costs of such bonds to the covered employers and for other purposes.

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
Alford Y Alien
Y Anderson YArgo Y Athon Y Atkins YAuten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck
Benefield Benn
Birdsong Bishop Y Bolster Y Bostick Y Branch
YBray Y Brooks
Y Brown.G YBuck Y Burruss YByrd YCurter
Chambless Y 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 Diion Y Dobbs Y Dover YDunn
Edwards Y Felton Y Floyd Y 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
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 Lee.W
Y Under YLogan YLong YLord
Lucas Y Lupton Y Maddoi
Y Mangum Y Martin.C Y Martin,J
Matthews McDonald

Y McKelvey McKinney
Y Milam Y Milford
Y Moody 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
Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P
YRoss Y Royal Y Russell
Selman

Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L
Y Smith.P Smith.T
Y Smyre YSnow 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 Ware Watson
Y Watts White Wilder
Y Williams.B Y Williams,J Y Williams.R
Wilson
YWood Y Workman Y Yeargin Y Young
Murphy,Spkr

1764

JOURNAL OP THE HOUSE,

On the passage of the Bill, the ayes were 144, nays 0. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following Resolution of the Senate was withdrawn from the Committee on Education and referred to the Committee on Rules:

SR 376. By Senators Perry of the 7th, Turner of the 8th, Reddish of the 6th and others:
A resolution urging the Congress of the United States to propose an amendment to the Constitution of the United States to authorize the public schools to conduct a brief period of voluntary silent prayer, meditation, or contemplation at the opening of each school day.

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 328. By Senators Tolleson of the 32nd, Harrison of the 37th, Brantley of the 56th and others:
A bill to amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipal corporations pursuant to application of 60 percent of landowners and electors, so as to completely revise the provisions relating to annexation by certain municipalities having independent school systems within their corporate boundaries.

The following substitute, offered by Representative Wilson of the 20th, was read and adopted:

A BILL
To amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipal corporations pursuant to application of 60 percent of landowners and electors, so as to revise completely the provisions relating to annexation by certain municipalities having independent school systems within their corporate boundaries; to provide that certain territory annexed by such municipal corporations shall remain a part of the county school district for ad valorem tax purposes for a certain period of time; to provide for additional limitations and requirements relative to such annexation by such municipalities; 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. Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipal corporations pursuant to application of 60 percent of landowners and electors, is amended by striking Code Section 36-36-22.1, which reads as follows:
"36-36-22.1. (a) As used in the Code section, the term: (1) 'Assessed valuation of property per pupil in average daily attendance' means
the amount determined by dividing the number of pupils in average daily attendance of a school system into the then current equalized adjusted school property tax digest, as defined in paragraph (3) of this subsection, of the school system.
(2) 'Average daily attendance' means average daily attendance of pupils in a county or independent school system determined from official reports of attendance provided for in Code Section 20-2-226.

THURSDAY, FEBRUARY 27, 1986

1765

(3) 'Equalized adjusted school property tax digest' means 40 percent of the equalized adjusted school property tax digest for each county and independent school system prepared by the state auditor pursuant to Code Section 48-5-274.
(4) 'Municipality' means a municipality as defined in Code Section 36-36-20 which: (A) Has within its corporate boundaries an independent school system with an
average daily attendance exceeding 3,000 at the time of the adoption of an annexing ordinance as provided in Code Section 36-36-27;
(B) Is located within a county in which the county school system of such county has an average daily attendance exceeding 45,000 at the time of the adoption by the municipality of an annexing ordinance as provided in Code Section 36-36-27; and
(C) Has an assessed valuation of property per pupil in average daily attendance which exceeds by 40 percent or more the assessed valuation of property per pupil in average daily attendance of the county school system of the county wherein the municipality is located, with such calculations being based on the time of the adoption of an annexing ordinance by the municipality as provided in Code Section 36-36-27. (5) 'Residential property' means improved property used exclusively for single or multifamily dwellings and unimproved property which is zoned exclusively for either single family or multifamily dwellings. (b) Any other provisions of this article to the contrary notwithstanding, except as otherwise provided by subsection (c) of this Code section, during any calendar year, beginning with calendar year 1984, the total territory annexed by a municipality, excluding residential property, pursuant to the authority of this article shall not decrease the equalized adjusted school property tax digest of the county school system of the county wherein the municipality is located by more than 2 percent of the net increase in the equalized adjusted school property tax digest of such county school system which occurred during the immediately preceding calendar year, beginning with calendar year 1983. If there is no net increase in the equalized adjusted school property tax digest of such county school system during any calendar year, then the municipality shall not be authorized to annex any territory, other than residential property, pursuant to the authority of this article at any time during the immediately following calendar year. (c) If the value of the total territory actually annexed by a municipality during a calendar year, excluding the value of residential property annexed during the calendar year, is less than the value of territory which could have been annexed within the limitation provided by subsection (b) of this Code section during that calendar year, then for the immediately following calendar year only, the limitation otherwise applicable under subsection (b) of this Code section shall be increased by the difference between the value of the property which could have been annexed and the value of the property actually annexed during the calendar year.", in its entirety and substituting in lieu thereof a new Code Section 36-36-22.1 to read as follows: "36-36-22.1. (a) As used in this Code section, the term: (1) 'Assessed valuation per weighted FTE' has the meaning specified for such term by paragraph (2) of Code Section 20-2-165. (2) 'Average daily enrollment' means the sum of the daily pupil enrollments of a school system for each of the 180 days of a school year divided by the number 180.
(3) 'Equalized adjusted school property tax digest' means 40 percent of the equalized adjusted school property tax digest for each county and independent school system prepared by the state auditor pursuant to Code Section 48-5-274.
(4) 'Residential property' means improved property used exclusively for single or multifamily dwellings and unimproved property which is zoned exclusively for either single family or multifamily dwellings.
(b) The requirements of this Code section shall apply only to a municipal corporation which:
(1) Has within its corporate boundaries an independent school system which had an average daily enrollment exceeding 3,000 for the fiscal school year immediately preceding the adoption of an annexing ordinance as provided in Code Section 36-36-27;

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JOURNAL OF THE HOUSE,

(2) Is located within a county in which the county school system of such county had an average daily enrollment exceeding 45,000 for the fiscal school year immediately preceding the adoption by the municipality of an annexing ordinance as provided in Code Section 36-36-27; and
(3) Had an assessed valuation per weighted FTE for the independent school system of the municipality which exceeded by more than 40 percent the assessed valuation per weighted FTE of the county school system of the county wherein the municipality is located for the fiscal school year immediately preceding the adoption by the municipality of an annexing ordinance as provided in Code Section 36-36-27. (c) When a municipal corporation which is subject to the requirements of this Code section annexes ah unincorporated area to its existing corporate limits pursuant to the authority of this article, the area so annexed shall be subject to the following requirements:
(1) Except as otherwise provided by paragraph (2) of this subsection, any annexed property which was zoned residential by the county at the time of the adoption of the annexing ordinance shall become a part of the corporate limits of the municipality for all purposes on the effective date of the annexation;
(2) Any annexed property which was zoned residential by the county at the time of the adoption of the annexing ordinance which is rezoned for a nonresidential use by the annexing municipality at any time within three years thereafter shall, beginning on the first day of January immediately following the effective date of the rezoning, be a part of the county school district and subject to taxation for county school district purposes for a period of five years;
(3) Any annexed property which was zoned for a nonresidential use by the county at the time of the adoption of the annexing ordinance shall remain a part of the county school district and shall remain subject to taxation for county school district purposes for the year during which the annexing ordinance was adopted and for five years thereafter; and
(4) No annexed property shall be rezoned by the annexing municipality for a period of six months following the date of the adoption of the annexing ordinance.
(d) In addition to the limitations of subsection (c) of this Code section, during any calendar year, beginning with calendar year 1986, the total territory, excluding residential property, annexed by a municipality which is subject to the requirements of this Code section pursuant to the authority of this article shall not decrease the equalized adjusted school property tax digest of the county school system of the county wherein the municipality is located by more than 1 percent of the net increase in the equalized adjusted school property tax digest of such county school system which occurred during the immediately preceding calendar year, beginning with calendar year 1985. If there is no net increase in the equalized adjusted school property tax digest of such county school system during any calendar year, then the municipality shall not be authorized to annex any territory, other than residential property, pursuant to the authority of this article at any time during the immediately following calendar year.
(e) If the value of the total territory actually annexed by a municipality which is subject to the requirements of this Code section during a calendar year, excluding the value of residential property annexed during the calendar year, is less than the value of territory which could have been annexed within the limitation provided by subsection (d) of this Code section during that calendar year, then for the immediately following calendar year only, the limitation otherwise applicable under subsection (d) of this Code section shall be increased by the difference between the value of the property which could have been annexed and the value of the property actually annexed during the calendar year."
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, was agreed to, by substitute.

THURSDAY, FEBRUARY 27, 1986

1767

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
Alford
Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M
YBeck Y Benefield YBenn
Y Birdsong Bishop
Y Bolster Y Bostick Y Branch YBray
Y Brooks Y Brown.G YBuck YBurruss YByrd Y Carter
Chambless Y Chance N Cheeks Y Childers

Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Colwell Connell Cooper
Y Copelan Y Couch YCox Y Crawford
Crosby Y Cummings
Daugherty Y Davis
Dean Y Dixon YDobbs Y Dover YDunn
Edwards Y Felton Y Floyd Y Foster Y Galer
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 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 YLane.R
Lawler Y Lawrence Y Lawson YLee.C YLee.W Y Under YLogan YLong YLord
Lucas Y Lupton
Maddoi
Y Mangum Martin.C
Y Martin,J Y Matthews Y McDonald

Y McKelvey McKinney
Y Milam Y Milford
Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parhsm Y Parrish
Patten Y Peters Y Pettit Y Phillips
Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V
Randall
Y Ransom Ray
Y Reaves Redding
Y Richardson Robinson.C
Y Robinson.P YRoss Y Royal Y Russell Y Selman

Y Shepard Y Sherrod
Sinkfield Y Sizemore Y Smith,L Y Smith,P
Y Smith.T YSmyre YSnow 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 Wilder Y Williams.B
Y WilliamsJ 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 148, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, February 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.
The roll was called and the following Representatives answered to their names:

Aaron Adams.M
Aiken Alien Anderson Argo
Athon Atkins Auten Bailey Balkcom Bannister Bargeron Barnett.B Barnett.M Beck
Benefield
Birdsong Bolster Bostick Branch Bray Brooks Brown.G Buck
Burruss Byrd
Carter Chambless

Chance Cheeks Childers Childs Clark,B
Clark.L Colbert Colwell
Connell
Cooper Coplan
Couch Cox Crawford
Crosby Cummings Davis Dobbs
Dover Dunn
Felton
Floyd Foster Galer
Godbee Greene Greer Groover
Hamilton

Hanner Harris
Hasty Hays
Heard Hill
Holcomb Hooks 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 Maddox Mangum
Martin.C Marl-,.'
Matthews McDonald
McKelvey Milam Milford Moody Moore Mostiler Moultrie Mueller Oliver.C Padgett Parham Parrish Peters Pettit Phillips Rainey Ramaey.T Ramsey.V Randall Ransom Ray

Reaves Redding
Richardson Robinson,C Ross
Royal Russell Selman Shepard Sherrod
Sinkfield
Sizemore Smith,L Smith,P Snow Stancil Stein berg Thompson Townsend Waldrep Wall
Watts Wilder Williams,J Williams,R Wilson Wood Workman
Yeargin

Prayer was offered by Cantor Isaac Goodfriend, Ahavath Achim Congregation, 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.

FRIDAY, FEBRUARY 28, 1986

1769

By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:

HB 2063. By Representatives Dover of the llth and Jamieson of the llth:
A bill to amend an Act incorporating the Town of Alto, so as to provide for staggered two-year terms for the mayor and council members; to provide for elections from posts by majority vote.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2064. By Representatives Martin of the 60th, Jackson of the 9th, Lawson of the 9th and Wood of the 9th:
A bill to amend an Act creating a new charter for the City of Buford, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2065. By Representative Martin of the 60th:
A bill to amend an Act creating a new charter for the City of Duluth, so as to change the provisions relating to the salaries of the mayor and members of the council; to change the provisions relating to the election of officers of the city; to change the provisions relating to the clerk.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2066. By Representative Williams of the 6th:
A bill to amend Code Section 48-14-2 of the Official Code of Georgia Annotated, relating to payments by the Tennessee Valley Authority to state and local government, so as to change the formula for and method of distribution of such payments among the political subdivisions of the state.
Referred to the Committee on Appropriations.

HB 2067. By Representative Colwell of the 4th: A bill to create a new charter for the City of East Ellijay, Georgia.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2068. By Representative Wilder of the 21st:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for insurance coverage of catastrophic health care benefits.
Referred to the Committee on Insurance.

HB 2069. By Representative Aiken of the 21st:
A bill to amend an Act authorizing the establishment of a Civil Service System in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, so as to provide for the withdrawal of certain departments from inclusion under the Cobb County Civil Service System.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE,

HB 2070. By Representative Aiken of the 21st:
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 authority of Cobb County the power to regulate and license businesses and to levy license fees and occupational taxes in the county (Res. Act No. 176).
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2071. By Representative Kingston of the 125th:
A bill to propose the incorporation and provide a proposed charter for the City of Islands in Chatham County.
Referred to the Committee on State Planning & Community Affairs - Local.

By unanimous consent, the following Bills of the House and Senate were read the second time:

HB 2059 HB 2060 HB 2061

HB 2062 SB 290 SB 592

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 400 Do Pass, as Amended SB 56 Do Pass, by Substitute
Respectfully submitted, kl 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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 492 Do Pass
Respectfully submitted, kl Watson of the 114th
Chairman

Representative Ware of the 77th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:

FRIDAY, FEBRUARY 28, 1986

1771

Your Committee on Insurance has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 384 Do Pass, by Substitute SB 306 Do Pass, as Amended SB 553 Do Pass, as Amended
Respectfully submitted, /s/ 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 of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 395 Do Pass, by Substitute SB 164 Do Pass, by Substitute SB 308 Do Pass

SB 475 Do Pass SB 489 Do Pass

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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 322 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 118th
Chairman

Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 96 Do Pass, by Substitute HR 692 Do Pass SB 409 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman

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JOURNAL OF THE HOUSE,

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 has instructed me to report the same back to the House with the following recommendations:

HB 2050 Do Pass HB 2052 Do Pass
HB 2053 Do Pass HB 2054 Do Pass

HB 2055 Do Pass HB 2056 Do Pass
HB 2057 Do Pass, by Substitute HB 2058 Do Pass

Respectfully submitted,
/s/ Richardson of the 52nd Sub-Committee Chairman

Representative Triplett of the 128th District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

Your Committee on Transportation has had under consideration the following Bills
and Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 563 Do Pass SB 564 Do Pass SB 562 Do Pass

SR 339 Do Pass SR 436 Do Pass SR 292 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 FRIDAY, FEBRUARY 28, 1986
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 35th Legislative Day as enumerated below:
HR 771 Hunting Seasons Study Comm.: Create
SB 380 Annexation: Certain Municipalities: Limitations SB 438 School Food Service Personnel: Sick Leave SB 441 Education: Alcohol & Drug Course: Amend Provisions SB 442 First Offenders: Sentencing: Court Review Record SB 443 Health Insurance: Teachers: Cert. Contributions SB 447 Motor Vehicle Ins.: Law Enforcement Officers: Cert. Accidents SB 455 Presidential Preference Primary: Date SB 456 Hosp./Nursing Homes: Liens: Treatment of Injured Person SB 463 Wreckers: Light Requirements SB 465 Community Work Programs: Amend Provisions SB 470 Employment Security Law: Interest Payments

FRIDAY, FEBRUARY 28, 1986

1773

SB 478 Teachers: Demotion/Nonrenewal of Contract: Notice SB 484 Morehouse College: Special License Plates SB 539 Mountain Judicial Circuit: Superior Courts: Terms
SR 281 Handicapped Preschool Children: Encourage Service SR 330 St. Children's Trust Fund: Create CA
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 2050. By Representative Dixon of the 151st:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Camden County during designated registration periods as provided in Code Section 40-2-20.1 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2052. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act creating the Board of Commissioners of Rabun County, so as to change the provisions relating to the selection of the chairman 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.

HB 2053. By Representatives Dover of the llth and Jamieson of the llth:
A bill to reincorporate and provide a new municipal charter for the City of Baldwin, in Habersham and Banks counties; to provide for the boundaries 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 2054. By Representatives Pettit of the 19th, McKelvey of the 15th and Childers of the 15th:

1774

JOURNAL OF THE HOUSE,

A bill to provide that each resident of the Bartow County School District who is 62 years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $18,000.00 per annum shall be granted an exemption from all Bartow
County School District taxes on the full value of such person's homestead owned and occupied by such person as a residence.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2055. By Representatives Crawford of the 5th, Hays of the 1st and Snow of the 1st:
A bill to amend an Act relating to the Dade County board of education, so as to change the number of members of the board of education which constitutes a quorum for the transaction of business.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2056. By Representatives McDonald of the 12th, 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 authorizing the Board of Commissioners of Banks County to assess and collect license fees and taxes from all persons, firms, and corporations maintaining any place of business in any area of Banks 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 2057. By Representatives Triplett of the 128th, Hamilton of the 124th and Pannell of the 122nd:
A bill to amend an Act creating a new charter for the City of Pooler, so as to change the corporate limits of the City of Pooler.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating a new charter for the City of Pooler, approved March 31, 1976 (Ga. L. 1976, p. 3419), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4242), an Act approved March 18, 1980 (Ga. L. 1980, p. 3131), an Act approved April 12, 1982 (Ga. L. 1982, p. 3872), and an Act approved March 19, 1984

FRIDAY, FEBRUARY 28, 1986

1775

(Ga. L. 1984, p. 4326), so as to change the corporate limits of the City of Pooler; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Pooler, approved March 31, 1976 (Ga. L. 1976, p. 3419), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4242), an Act approved March 18, 1980 (Ga. L. 1980, p. 3131), an Act approved April 12, 1982 (Ga. L. 1982, p. 3872), and an Act approved March 19, 1984 (Ga. L. 1984, p. 4326), is amended by adding to the end of subsection (d) of Section 1.11 the following:
"ALSO ALL that certain lot, tract or parcel of land beginning at the point where the southern corporate city limits of the City of Pooler intersects the eastern right-of-way line of U.S. Interstate Highway 95 and proceeding thence in a southerly direction along the eastern right-of-way line of U.S.Interstate Highway 95 to the point where it intersects the northern right-of-way line of the Savannah and Ogeechee Canel; proceeding thence along the northern right-of-way line of the Savannah and Ogeechee Canel in a southwesterly direction to a point where it intersections the western right-of-way line of U.S. Interstate Highway 95; proceeding thence along the western right-of-way line of U.S. Interstate Highway 95 in a south by southwestern direction until it merges and intersects with the northern right-of-way line of U.S. Interstate Highway 16; proceeding thence along a northern right-of-way line of U.S. Interstate Highway 16 in a westerly direction to a point where it intersects the southern right-of-way line of the Savannah and Ogeechee Canel; proceeding thence along the southern right-of-way line of the Savannah and Ogeechee Canel in a southwestern direction to a point where it intersects the southern right-of-way line of U.S. Interstate Highway 16; proceeding thence along the southern right-of-way line of U.S. Interstate Highway 16 in a western direction to a point where it intersects the southern right-of-way line of the Old Pine Barren Road if extended; proceeding thence along the southern right-of-way line of Old Pine Barren Road if extended in an easterly direction to the point where said line intersects the Old Pine Barren Road; proceeding thence in an eastern direction along the Old Pine Barren Road to the point where it become the New Pine Barren Road; proceeding thence in an eastern direction along the southern right-of-way line of the New Pine Barren Road to the point Pine Barren Road divides; proceeding thence along the southern right-ofway line of the left fork of the new Pine Barren Road in a northern direction to the point where it intersects the eastern right-of-way line of Wildcat Dam Road; proceeding thence in a north by northeast direction along the eastern right-of-way line of Wildcat Dam Road to a point where it intersects the present city corporate limits of the City of Pooler; proceeding thence south 43 31' 00" East a distance of 298 feet to a point; proceeding thence South 65 55' 00" East a distance of 472 feet to a point; proceeding thence South 18 02' 00 West a distance of 1,124 feet to a point; proceeding thence South 19 04' 00" West a distance of 230 feet to a point; proceeding thence in a easterly direction along the northern right-of-way line of the Seaboard Coast Railroad a distance of 11,000 feet, more or less, to a point; proceeding thence South 19 32' 00" West a distance of 1,465.63 feet to a point; proceeding thence North 81 36' 00" West a distance of 1,128.39 feet to a point; proceeding thence North 81 18' 00" West a distance of 1,166.44 feet to a point; proceeding thence North 15 14' 00" Westa distance of 662.14 feet to a point; proceeding thence North 73 39' 00" West a distance of 431.53 feet to a point; proceeding thence North 20 17' 00" East a distance of 255.17 feet to a point; proceeding thence North 73 39' 00" West a distance of 431.53 feet to a point where it intersects the eastern right-of-way line of Pooler Crossroads; proceeding thence along the eastern right-of-way line of Pooler Crossroads in a southern direction a distance of 3,750 feet, more or less, to a point where it intersects the northern right-of-way line of Pine Barren Road; proceeding thence along the northern right-of-way line of Pine Barren Road in an eastern direction a distance of 2,700 feet, more or less, to a point where it intersects the eastern right-of-way line of U.S. Interstate Highway 95 which also marks the point of beginning."

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JOURNAL OF THE HOUSE,

Section 2. Not less than 30 nor more than 40 days after the date of the approval of this Act by the Governor or after it otherwise becomes law, it shall be the duty of the election superintendent of the City of Pooler to issue the call for an election for the purpose of submitting this Act to the electors of the City of Pooler for approval or rejection and it shall be the duty of the election superintendent of Chatham County to issue the
call for an election for the purpose of submitting this Act to the electors of the area proposed to be annexed for approval or rejection. Each superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issu-
ance of the call. Each superintendent shall cause the date and the purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the
official organ of the City of Pooler or Chatham County, as appropriate. The ballot shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Act annexing that territory into the City of Pooler bounded by the southern city limits of Pooler to Interstate 95 on the east to Inter-
state 16 on the south to the eastern city limits of Bloomingdale be approved?"

Those persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the
votes cast on such question within the present corporate limits of the City of Pooler and more than one-half of the votes cast on such question in the area proposed to be annexed are for approval of the Act, it shall become of full force and effect on December 31, 1986;
otherwise it shall be void and of no force and effect. At least 30 days prior to said election, the election superintendent of the City of
Pooler shall prepare a separate list of voters residing in the area proposed to be annexed who are registered to vote in the county. Each of said voters shall be eligible to vote in
the election. The election superintendent of Chatham County shall furnish any information which may be required in the preparation of such list of voters by the election superintendent of the City of Pooler. The City of Pooler shall pay to Chatham County the
actual expenses of furnishing such information as is required. The expense of such election shall be borne by the City of Pooler. It shall be the duty
of the election superintendent of the City of Pooler to hold and conduct such election in the City of Pooler and it shall be the duty of the election superintendent of Chatham
County to hold and conduct such election in the area proposed to be annexed. It shall be each superintendent's further duty to certify the results thereof to the Secretary of State.

Section 3. In the event the referendum is approved as provided above, the property that is annexed into the City of Pooler shall have the same zoning or such zoning as is currently permissible under the Zoning Ordinance of the City of Pooler as will permit the
uses that the property is being utilized at the time it is annexed into the City of Pooler.

Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 2058. By Representatives Lucas of the 102nd, Randall of the 101st, Pinkston of the 100th, Groover of the 99th and Home of the 103rd:
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 Macon to grant preferential assessments for city ad

FRIDAY, FEBRUARY 28, 1986

1777

valorem property tax purposes for revitalized or rehabilitated residential property (Res. Act No. 171).

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following Bills of the House:

HB 1652. By Representatives Watson of the 114th, Walker of the 115th and Waddle of the 113th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment, which amendment limits the power of Houston County and the Houston County School District to impose, levy, collect, and receive ad valorem taxes.

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.

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.

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.

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 Authority.

1778

JOURNAL OF THE HOUSE,

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 personnel within the clerk's office; to provide for budgets; to provide for arbitration of fees.

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.

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.

HB 1880. By Representative Parrish of the 109th: A bill to create the Metter-Candler County Airport Authority.

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 Downtown Statesboro Development Authority.

HB 1908. By Representative Murphy of the 18th:
A bill to amend an Act known as the "Haralson County Water Authority Act," so as to change the number of and selection of members of the Authority; to provide for certain members of the Authority to cease to serve on the Authority.

HB 1909. By Representative McDonald of the 12th:
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 members of the Board of Education of Jackson County and to the appointment of the school superintendent of Jackson County.

HB 1910. By Representative McDonald of the 12th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the West Jackson Fire District (Res. Act No. 240).

HB 1911. By Representative McDonald of the 12th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Jackson County Industrial Development Authority (Res. Act No. 258).

HB 1912. By Representative McDonald of the 12th:
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

FRIDAY, FEBRUARY 28, 1986

1779

authority for the Georgia Bureau of Investigation to exercise certain law enforcement powers within Jackson County.

HB 1928. By Representatives Watson of the 114th, Walker of the 115th and Waddle of the 113th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which imposes a local sales and use tax in Houston County and allocates the proceeds of the tax to the Houston County School System only if the power of said school system to levy ad valorem taxes is limited by another constitutional amendment.

HB 1932. By Representative McDonald of the 12th:
A bill to amend an Act incorporating the City of Commerce, so as to identify the corporate limits by map reference; to name the city manager as budget officer; to amend the requirements of the city manager; to provide that the maximum tax to be levied for school purposes shall be the same as provided for by general law.

HB 1944. By Representative Ray of the 98th: A bill to create the Peach County Water and Sewerage Authority.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

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 Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:

SB 581. By Senator Cobb of the 28th:
A bill to provide that certain property in the homestead of each resident of Spalding county who is totally disabled or 62 years of age or older and who has less than $12,500.00 per year of specified income shall be entirely exempt from Spalding County and Spalding County School District ad valorem taxation.

SB 591. By Senator Cobb of the 28th:
A bill to create the Pike County Recreation Authority; to authorize such authority to acquire, construct, equip, maintain, and operate an athletic stadium or stadiums and the usual facilities related thereto, recreational centers and areas, and the usual and convenient facilities appertaining to such undertakings.

SB 593. By Senator Baldwin of the 29th:
A bill to amend an Act creating the Downtown LaGrange Development Authority, so as to change the limits of the Downtown LaGrange District.

1780

JOURNAL OF THE HOUSE,

SB 595. By Senator McGill of the 24th:
A bill to provide for the election of the members of the board of education of Wilkes County; to provide for education districts; to provide the composition of the board; to provide for qualifications and residency requirements; to provide for terms of office; to provide for continuation in office of members of the present board.

SB 596. By Senator Trulock of the 10th:
A bill to provide for the composition of the Board of Education of Decatur County; to provide for the election of members of the board from education districts; to provide for filling vacancies on the board; to provide for the appointment of the county school superintendent by the board.

SB 597. By Senator Reddish of the 6th:
A bill to amend an Act placing the tax commissioner of Wayne County on a salary basis in lieu of a fee basis, so as to change the compensation of that tax commissioner; to delete certain provisions regarding employees needed in the issuing of license plates.

SB 598. By Senator Dean of the 31st:
A bill to amend an Act creating the office of tax commissioner of Polk County, so as to change the compensation of the tax commissioner.

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.

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.

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 Annotated, 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.

HB 1446. By Representative Wood of the 9th:
A bill to amend Code Section 20-3-374 of the Official Code of Georgia Annotated, relating to the service cancelable loan fund and authorized types of service cancelable educational loans, so as to change the eligibility requirements for service cancelable educational loans to residents of Georgia who are members of the Georgia National Guard.

FRIDAY, FEBRUARY 28, 1986

1781

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 disciplinary 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.

HB 1653. By Representative Burruss of the 20th:
A bill to repeal Chapter 7 of Title 20 of the Official Code of Georgia Annotated, relating to the Legislative Educational Research Council, so as to abolish said council.

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 Annotated, relating to definitions with respect to the indemnification of law enforcement officers, firemen, and prison guards, so as to change the definition of the term "firemen."

HB 1320. By Representatives Beck of the 148th, Coleman of the 118th, Hanner of the 131st, Williams of the 6th, Post 1, 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 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.

The Senate insists on its substitute to the following Bill of the House:

HB 840. By Representative Evans of the 84th:
A bill to amend Part 1 of Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances to secure debt and bills of sale, so as to provide for the method of cancellation of deeds to secure debt which apply to real property.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:

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 Annotated, relating to the disclosure of financial interests by candidates for certain 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.

HB 1352. By Representative Selman of the 32nd:
A bill to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to provide that a living will shall be in substantially a certain form; to provide that a living will shall be effective

1782

JOURNAL OF THE HOUSE,

from the date of execution unless revoked in a manner prescribed in Code Section 31-32-5.

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 Annotated, relating to annual salaries and allowances of certain state officials, so as to change the salary of the state auditor.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

HB 1662. By Representatives Ross of the 82nd, Murphy of the 18th, Lee of the 72nd, Post 1, 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 Annotated, relating to pupil transportation provisions of the "Quality Basic Education Act," so as to change the provisions relative to the minimum salary for school bus drivers.

The Senate has adopted by the requisite constitutional majority the following Resolution of the House:

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 Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

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 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 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 Senate has disagreed to the House substitute to the following Bill of the Senate:

SB 328. By Senators Tolleson of the 32nd, Harrison of the 37th, Brantley of the 56th and others:
A bill to amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipal corporations pursuant to application of 60 percent of landowners and electors, so as to completely revise the provisions relating to annexation by certain municipalities having independent school systems within their corporate boundaries.

The Senate insists on its substitute to the following Bills of the House:

FRIDAY, FEBRUARY 28, 1986

1783

HB 1538. By Representative Ware of the 77th:
A bill to amend Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, so as to extend the time of operation of the chapter.

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.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

HB 850. By Representatives Chambless of the 133rd, Childers of the 15th, Phillips of the 120th, Watson of the 114th and Reaves of the 147th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the review of all proposed legislation newly regulating a business or a profession.

The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 45. By Senators Bryant of the 3rd and Allgood of the 22nd:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to authorize the Department of Public Safety to disseminate certain information from its records to certain governmental agencies or units of this state and of the United States having legitimate governmental needs therefor.

The President has appointed on the part of the Senate the following: Senators Bryant of the 3rd, Allgood of the 22nd and Perry of the 7th.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 581. By Senator Cobb of the 28th:
A bill to provide that certain property in the homestead of each resident of Spalding county who is totally disabled or 62 years of age or older and who has less than $12,500.00 per year of specified income shall be entirely exempt from Spalding County and Spalding County School District ad valorem taxation.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 591. By Senator Cobb of the 28th:
A bill to create the Pike County Recreation Authority; to authorize such authority to acquire, construct, equip, maintain, and operate an athletic stadium or stadiums and the usual facilities related thereto, recreational centers

1784

JOURNAL OF THE HOUSE,

and areas, and the usual and convenient facilities appertaining to such undertakings.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 593. By Senator Baldwin of the 29th:
A bill to amend an Act creating the Downtown LaGrange Development Authority, so as to change the limits of the Downtown LaGrange District.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 595. By Senator McGill of the 24th:
A bill to provide for the election of the members of the board of education of Wilkes County; to provide for education districts; to provide the composition of the board; to provide for qualifications and residency requirements; to provide for terms of office; to provide for continuation in office of members of the present board.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 596. By Senator Trulock of the 10th:
A bill to provide for the composition of the Board of Education of Decatur County; to provide for the election of members of the board from education districts; to provide for filling vacancies on the board; to provide for the appointment of the county school superintendent by the board.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 597. By Senator Reddish of the 6th:
A bill to amend an Act placing the tax commissioner of Wayne County on a salary basis in lieu of a fee basis, so as to change the compensation of that tax commissioner; to delete certain provisions regarding employees needed in the issuing of license plates.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 598. By Senator Dean of the 31st:
A bill to amend an Act creating the office of tax commissioner of Polk County, so as to change the compensation of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the House and Senate were taken up for consideration and read the third time:

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 Annotated, 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

FRIDAY, FEBRUARY 28, 1986

1785

of motor vehicle insurance which provides coverage for the personal motor vehicles of a law enforcement officer.

The following Committee substitute was read:

A BILL
To amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rule making, insurance rates, and related organizations, so as to provide that insurers shall not surcharge the premium or rate charged for a policy of motor vehicle insurance which provides coverage for the personal motor vehicles of a law enforcement officer under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rule making, insurance rates, and related organizations, is amended by adding at the end thereof a new Code section, to be designated Code Section 33-9-39, to read as follows:
"33-9-39. No insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance, which provides coverage for the personal motor vehicles of any law enforcement officer in this state, any accident:
(1) Which occurred while the law enforcement officer was lawfully engaged in the performance of official duties; and
(2) Which occurred while the law enforcement officer was driving an official vehicle of the law enforcement agency; and
(3) For which the law enforcement officer furnishes proof, in the form of copies of the law enforcement agency's documents, to the insurer of the conditions provided in paragraphs (1) and (2) of 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:

Representative Johnson of the 72nd et al, moves to amend the Committee substitute to SB 447 as follows:
Add after the word "section" on line 5 of page 2, the following:
"33-9-40. No insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance or cancel such policy as a result of the insured person's involvement in a multi-vehicle accident when such person was not at fault in such accident."

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Adams,G
Y Adams.M YAiken
Alford
Y Alien

Y Andersen Y Argo Y Athon Y Atkins NAuten
Y Bailey

Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M
Y Beck

Y Benefield Benn
Y Birdsong Bishop
Y Bolster
Y Bostick

Y Branch Y Bray Y Brooks Y Brown.G Y Buck
Y Burruss

1786

JOURNAL OF THE HOUSE,

YByrd Y Carter Y Chambless Y Chance
Y Cheeks Y Childers
Childs Y Clark,B Y Clark,L Y Colbett Y Coleman Y Colwell Y Connell Y Cooper
Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings
Daugherty Oavis Dean
Dixon Dobbs Y Dover Y Dunn Edwards Felton Y Floyd

Y Foster Y Galer Y Godbee
Goodwin
Y Greene Y Greer
N Groover Y Hamilton Y Hanner 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 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
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
Morton Y Mostiler
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
Ramsey,V YRandall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P
Ross Y Royal Y Russell Y Selman
Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L
Y Smith,P

Smith/T Smyre YSnow 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
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, by substitute, as amended, the ayes were 142, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HR 771. By Representatives Rainey of the 135th, Murphy of the 18th, Peters of the 2nd, Watts of the 41st, Anderson of the 8th and others:

A RESOLUTION
To create the Hunting Seasons Study Committee; and for other purposes.
WHEREAS, the dates for opening and closing hunting seasons in Georgia, particularly the deer hunting season, continue to be a source of controversy among hunters and other interested persons; and
WHEREAS, the opening and closing dates of the hunting seasons should be given careful study by the General Assembly and should be the subject of public hearings at different locations within the state.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the Hunting Seasons Study Committee to be composed of five members of the Game, Fish, and Recreation Committee of the House of Representatives appointed by the Speaker of the House. The Speaker shall designate one of such appointees as chairman of the committee. The committee shall study and consider such matters as it deems appropriate relating to the dates for opening and closing the hunting seasons in Georgia and shall give particular attention to the deer hunting season. In addition thereto, the committee shall hold public hearings at different locations within the state to hear from hunters, other sportsmen, wildlife experts, and interested citizens regarding the dates for opening and closing hunting seasons.
BE IT FURTHER RESOLVED that the members of the committee shall receive the expenses and allowances provided by law for members of legislative interim committees for attending meetings of the committee but shall receive the same for no more than ten meeting days. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated or available to the legislative branch of the state government.

FRIDAY, FEBRUARY 28, 1986

1787

BE IT FURTHER RESOLVED that the committee shall make a report of its findings and recommendations to the Governor and to the General Assembly by January 1, 1987, and on that date the committee shall stand abolished.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Aaron Adams.G
Y Adams.M Y Aiken
Alford Y Alien
Y Anderson Y Argo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron
Barnett,B Y Barnett.M YBeck Y Benefield
Benn 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 Y Clark.B Y Clark.L Y Colbert
Coleman Colwell
Y Connell Y Cooper Y Copelan Y Couch YCox
Y Crawford Y Crosby Y Cummings
Daugherty Davis Dean Y Dixon Dobbs Y Dover Y Dunn Y Edwards
Felton Y Floyd Y Foster Y Galer
Y Godbee Y Goodwin Y Greene Y Greer
Groover 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 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 Under YLogan YLong YLord
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
Morton Y Mostiler
Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish
Patten Y 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
YRoss Y Royal Y Russell Y Selman

Y Shepard
Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith.P
Smith.T
Smyre YSnow
Y Stancil Steinberg Thomas.C Thomas.M
Y Thompson Townsend
Y Triplett Twiggs Waddle
Y Waldrep Walker.C
Y Walker.L Y Wall
Ware 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 adoption of the Resolution, the ayes were 138, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Watson of the 114th moved that the following Bill of the House be withdrawn from the Committee on Judiciary and referred to the Committee on Industry:

SB 492. By Senator Hudgins of the 15th:
A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide that a landlord may not prohibit a tenant from using a waterbed; to provide for requiring a tenant using a waterbed in a rental dwelling to obtain insurance.

The motion prevailed.

The Speaker Pro Tem assumed the Chair.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

1788

JOURNAL OF THE HOUSE,

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 Annotated, 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 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
Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister
Bargeron Y Barnett.B Y Barnett.M YBeck
Y Benefield Benn
Y Biidsong Bishop
Y Bolster Y Bostick Y Branch
YBray Y Brooks Y Brown.G YBuck
Y Burruss YByrd Y Carter Y Chambless Y Chance N Cheeks Y Childers

Childs Clark.B Clark.L Colbert
Y Coleman Y Colwell
Connell
Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings
Daugherty Davis Dean Y Dixon YDobbs Y Dover YDunn
Y Edwards Y Felton Y Floyd
Y Foster Y Galer
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
Home Y Hudson
Isakson Y Jackson.J Y Jackson.N Y Jamieson Y Johnson.D Y Johnson,F Y Johnson,R
Y Johnson,S Y Kilgore Y Kingston
Y Lane,D YLane.R Y Lawler Y Lawrence Y Lawson
Lee,C YLee.W Y Under YLogan YLong YLord
Lucas Y Lupton
Maddoi Y Mangum
Martin.C
Y Martin,J Y Matthews Y McDonald

Y McKelvey McKinney Milam 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 Phillips
Y Pinkston Y Porter YRainey Y Ramsey.T
Ramsey.V Randall Y Ransom Ray Y Reaves N Redding Richardson Y Robinson.C Y Robinson,P YRoss Y Royal
Y Russell Selman

Shepard Y Sherrod Y Sinkfield Y Sizemore
Y Smith.L Y Smith.P
Smith.T Smyre YSnow Y Stancil Y Steinberg Thomas,C Y Thomas,M Y Thompson Y Townsend Y Triplet! YTwiggs
Waddle Y Waldrep Y Walker.C Y Walker,L
Y Wall Ware
Y Watson
Watts White Wilder Y Wiffiams,B WiUiams,J
Y Williams,R Y Wilson Y Wood Y Workman Y Yeargin
Young Murphy,Spkr

On the passage of the Bill, the ayes were 134, nays 2. The Bill, having received the requisite constitutional majority, was

SB 442. By Senator Barnes of the 33rd:
A bill to amend Code Section 42-8-60 of the Official Code of Georgia Annotated, 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

FRIDAY, FEBRUARY 28, 1986

1789

Y Aaron Adams,G
Y Adams.M Y Aiken
Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten
Y Bailey Y Balkcom Y Bannister Y Bargeron
Barnett,B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong
Bishop Y Bolster Y Bostick Y Branch YBray
Brooks
Y Brown.G YBuck YBurruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers

Y Childs Y Clark.B
Clark.L Colbert Y Coleman Colwell Connell
Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings
Daugherty Davis Dean Y Dixon
Dobbs Y Dover Y Dunn
Edwards Y Felton Y Floyd
Y Foster Y Galer Y God bee 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
Home Y Hudson
Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson.F Y Johnson,H Y Johnson.S Y Kilgore Y Kingston Y Lane.D YLane,R Y Lawler Y Lawrence Y Lawson
Lee,C YLee.W
Y Linder YLogan
YLong YLord
Lucas Y Lupton
Maddox Y Mangum
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 Y Padgett Y Pannell Y Parham
Y Parrish Patten
Y Peters
Y Pettit Y Phillips Y Pinkston Y Porter
Rainey Ramsey.T Ramsey.V Randall Y Ransom YRay Reaves Y Redding Richardson Robinson.C Y Robinson,? YRoss Y Royal Y Russell Selman

Shepard
Y Sherrod Y Sinkfield Y Sizemore
Y Smith.L Y Smith.P
Smith.T Smyre YSnow Y Stancil Y Steinberg Thomas.C Y Thomas,M Y Thompson Townsend Y Triplett Twiggs
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
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 443. By Senator Barnes of the 33rd:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide that certain contributions shall be made to the State Personnel Board by local units of administration rather than from appropriations to the State 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 roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M Y Aiken
Alford Y Alien Y Anderson
YArgo Athon
Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B
Barnett,M YBeck

Y Benefield Benn
Y Birdsong Bishop Bolster
Y Bostick
Y Branch YBray Y Brooks Y Brown.G YBuck
Y Burruss YByrd
Y Carter Chambless
Y Chance Y Cheeks Y Childers

Childs Clark,B
Y Clark.L 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 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
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 JohnsontR
Y Johnson.S Y Kilgore Y Kingston
Lane,D

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Y Lane,R Y Lawler Y Lawrence YLawson YLee.C YLe,W Y Under YLogan YLong YLord
Lucas Y Lupton
Maddox Y Mangum
Martin.C Y Martin,J Y Matthews Y McDonald

Y McKelvey McKinney
Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C
Y Padgett Y Pannell Y Parham Y Parrish
Patten Peters Y Pettit

Y Phillips Pinkston
Y Porter 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
Selman

Shepard Y Sherrod
Sinkfield Y Sizemore Y Smith,L Y Smith.P
Smith.T Smyre YSnow Y Stancil Stein berg Thomas.C 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 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 0. The Bill, having received the requisite constitutional majority, was passed.

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 presidential preference primary by the Governor.

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
Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B
Y Barnett.M YBeck Y Benefield
Benn Y Birdsong
Bishop Bolster Y 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
Colwell Connell Y Cooper Y Copelan Y Couch YCox
Y Crawford Crosby
Y Cummings Daugherty
Y Davis YDean Y Diion Y Dobbs Y Dover Y Dunn
Edwards Y Pelton
Y Floyd Y Foster
Galer 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
Home Y Hudson Y Isakson
Jackson,J Y Jackson.N Y Jamieson Y Johnson.D Y Johnson.F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Lawler Y Lawrence Y Lawson YLee.C
YLee,W Y Linder YLogan YLong

YLord Y Lucas Y Lupton
Maddox
Y Mangum Y Martin.C Y Martin,J
Matthews Y McDonald Y McKelvey
McKinney Y Milam Y Milford Y Moody
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 PhiUips Y Pinkston Y Porter Y Rainey
Ramsey.T Y Ramsey.V

Randall Y Ransom YRay Y Reaves
Y Redding Y Richardson
Robinson.C Y Robinson.P YRoss Y Royal
Y Russell Y Selman Y Shepard Y Sherrod
Sinkfield
Sizemore Y Smith.L
Smith.P Smith,T
Y Smyre YSnow Y Stancil
Steinberg Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplett Twiggs Waddle Y Waldrep Y Walker.C Y Walker.L

FRIDAY, FEBRUARY 28, 1986

1791

Y Wall Ware Watson

Y Watts White
Y Wilder

Y Williams.B Williams,J
Y Williams,R

Y Wilson Wood
Y Workman

Y Yeargin Young Murphy.Spkr

On the passage of the Bill, the ayes were 143, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

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 Annotated, relating to annual salaries and allowances of certain state officials, so as to change the salary of the state auditor.

The following Senate substitute was read:

A BILL
To amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change the salaries of certain state officials; to provide for the nonapplication of cost-of-living increases for Fiscal Year 1987; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, is amended by striking in their entirety paragraphs (4), (6), (7), (8), (11), (12), (14), (16), and (17) of subsection (a) and inserting in lieu thereof new paragraphs (4), (6), (7), (8), (11), (12), (14), (16), and (17) to read as follows:
"(4) Commissioner of Agriculture....................................................................60,600.00 62,000.00"
"(6) State auditor .....................................................................68,000.00 62,000.00"
"(7) Commissioner of Insurance ......................................................................60,600.00 62.000.00"
"(8) Commissioner of Corrections ...................................................................68.600.00 62,000.00"
"(11) Each member of the Public Service Commission ................................................................68,000.00 62,000.00"
"(12) State revenue commissioner.................................................................68,600.00 62,000.00"
"(14) Secretary of State ............................................................60,600.00 62,000.00"
"(16) Commissioner of banking and finance...........................................................................68,600.00 62,000.00"
"(17) Commissioner of Administrative Services .........................................................................68,600.00 62,000.00"
Section 2. The salaries provided for in Section 1 of this Act for the Commissioner of Agriculture, state auditor, Commissioner of Insurance, Commissioner of Corrections,

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members of the Public Service Commission, state revenue commissioner, Secretary of State, commissioner of administrative services, and commissioner of banking and finance shall not be increased by the cost-of-living adjustment granted to state employees for Fiscal Year 1987.
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 1550
The motion prevailed.

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 Annotated, relating to the disclosure of financial interests by candidates for certain 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 Senate substitute was read:

A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the comprehensive regulation of ethics in government service and the disclosure of campaign contributions and expenditures; to provide for a short title; to provide for legislative intent on a declaration of policy; to provide for definitions; to create the State Ethics Commission; to provide for composition, appointment of members, terms, vacancies, meetings, officers, quorum, and assignments; to provide for certain staff, funding, and supplies; to provide for the powers, duties, and authority of the commission; to provide for certain limitations on such authority; to provide for venue for prosecution of certain violations; to provide for the disclosure of campaign contributions; to provide for the acceptance of certain contributions; to provide for procedures regarding such contributions; to provide for persons subject to disclosure requirements; to provide for certain information in reports; to provide for certain recordkeeping and inspections; to provide for the uses of contributions; to require the filing of certain reports; to provide for the contents of such reports; to provide for filing, verification, and mailing of such reports; to provide for certain duties of the commission; to provide for the disclosure of certain financial interests; to provide for certain reports of such interests; to provide for the contents of such reports; to provide for filing requirements; to provide for verification; to provide for mailing of such reports; to provide that such reports shall be public records; 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. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Chapter 5, the "Campaign and Financial Disclosure Act," in its entirety and inserting in its place a new Chapter 5 to read as follows:
"CHAPTER 5 ARTICLE 1
21-5-1. This chapter shall be known as and may be cited as the 'Ethics in Government Act.'
21-5-2. It is declared to be the policy of this state, in furtherance of its responsibility to protect the integrity of the democratic process and to ensure fair elections for constitutional offices, state offices, district attorneys, members of the Georgia House of

FRIDAY, FEBRUARY 28, 1986

1793

Representatives and Georgia Senate, all constitutional judicial officers, and all county and municipal elected officials, to institute and establish a requirement of public disclosure of campaign contributions and expenditures relative to the seeking of such offices, to the recall of public officials holding elective office, and to the influencing of voter approval or rejection of a proposed constitutional amendment or a state-wide referendum. It is the policy of this state to require public disclosure of campaign contributions and expenditures when such are designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election. Further, it is the policy of this state that the state's public affairs will be promoted by disclosures of significant private interests of public officers and officials which may influence the discharge of their public duties and responsibilities. The General Assembly further finds that it is for the public to determine whether significant private interests of public officers have influenced the state's public officers to the detriment of their public duties and responsibilities and, in order to make that determination and hold the public officers accountable, the public must have access to the disclosure of the significant private interests of the public officers of this state.
21-5-3. As used in this chapter, the term:
(1) 'Business entity' means any corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity, whether profit or nonprofit.
(2) 'Campaign committee' means the person or committee which accepts contributions or makes expenditures designed to bring about the nomination or election of an individual to any elected office. The term 'campaign committee' also means any person or committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer or any person or committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed constitutional amendment or state-wide referendum. The term 'campaign committee' shall also mean any person or committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election.
(3) 'Campaign contribution disclosure report' means a report filed with the commission by a candidate or the chairman or treasurer of a campaign committee setting forth all expenditures in excess of $100.00 and all contributions in excess of $100.00, including contributions and expenditures of lesser amounts when the aggregate amount thereof by or to a person is greater than $100.00 for the calendar year in which the report is filed. Such report shall also include the total amount of all individual contributions received or expenditures made of less than $100.00 each. The first report required in the calendar year of the election shall contain all such expenditures made and all such contributions received by the candidate or the committee in prior years in support of the campaign in question.
(4) 'Candidate' means an individual who seeks nomination for election or election to any office, whether or not such an individual is elected; and a person shall be deemed to seek nomination or election if such person has taken necessary action under the laws of this state to qualify such person for nomination for election or election, or has received contributions or made expenditures, or has given such person's consent for such person's campaign committee to receive contributions or make expenditures with a view to bringing about such person's nomination for election or election to such office.
(5) 'Commission' means the State Ethics Commission created under Code Section 21-5-4.
(6) 'Contribution' means a gift, subscription, membership, loan, forgiveness of debt, advance or deposit of money or anything of value, conveyed or transferred for the purpose of influencing the nomination for election or election of any person for office, the recall of a public official holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or

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municipal election. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any sources and on a voluntary basis. The term 'contribution' shall include other forms of payment made to candidates for office or who hold office when such fees and compensation made can be reasonably construed as a campaign contribution designed to encourage or influence the person, company, corporation, or other entity which made the contribution. The term 'contribution' shall also encompass transactions wherein a qualifying fee required of the candidate is furnished or paid by anyone other than the candidate.
(7) 'Direct ownership interest' means the holding or possession of good legal or rightful title of property or the holding or enjoyment of real or beneficial use of the property by the public officer and includes any interest owned or held by a spouse of a public officer if such interest is held jointly or as tenants in common between the public officer and spouse,
(8) 'Election' means a primary election; run-off election, either primary or general; special election; or general election. The term 'election' also means a recall election.
(9) 'Expenditure' means a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value made for the purpose of influencing the nomination for election or election of any person, the recall of a public official holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. The term 'expenditure' shall also include the payment of a qualifying fee for and in behalf of a candidate.
(10) 'Fiduciary position' means any position imposing a duty to act primarily for another's benefit, including, but not limited to, positions such as officers, directors, managers, partners, or other designations of general responsibility.
(11) 'Gift' means any gratuitous transfer to a public officer, the spouse of the public officer, or any dependents of the public officer or loan of property or services, which is not a contribution as defined in paragraph (6) of this Code section, and which is in excess of $100.00.
(12) 'Intangible property' means property which is not real property and which is held for profit and includes stocks, bonds, interest in partnerships, choses in action, and other investments.
(13) 'Person' means an individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons.
(14) 'Public officer' means: (A) Every constitutional officer;
(B) Every elected state official;
(C) The head of every state department, agency, or commission, whether elected or appointed;
(D) Each member of the General Assembly; and
(E) The executive director of each state authority.
21-5-4. (a) There is created the State Ethics Commission, with such duties and powers as are set forth in this chapter.
(b) The commission shall be governed by ten members appointed as follows: four members shall be appointed by the Governor, two for terms of two years, one for a term of three years, and one for a term of four years; three members shall be appointed by the Lieutenant Governor, one for a term of two years, one for a term of three years, and one for a term of four years; and three members shall be appointed by the Speaker of the House of Representatives, one for a term of two years, one for a term of three years, and one for a term of four years. Those members serving on the State Campaign and Financial Disclosure Commission prior to March 1, 1987, shall serve for a term of office which expires March 1, 1987. Upon the expiration of a member's term of office, a new member, appointed in the same manner as the member whose term of office expired, shall become a member of the commission and shall serve for a term of four years and

FRIDAY, FEBRUARY 28, 1986

1795

until such member's successor is duly appointed and qualified. If a vacancy occurs in the membership of the commission, a new member shall be appointed to the unexpired term of office by the state official who appointed the vacating member. Members of the commission shall not serve for more than one complete term of office.
(c) All members of the commission shall be residents of this state. (d) Any person who:
(1) Has qualified to run for any federal, state, or local public office within a period of five years prior to such person's appointment;
(2) Has held any federal, state, or local public office within a period of five years prior to such person's appointment; or
(3) Serves as an officer of any political party, whether such office is elective or appointive and whether such office exists on a local, state, or national level shall be ineligible to serve as a member of the commission. (e) The commission shall elect a chairman, a vice chairman, and other officers as it deems necessary. The members shall not be compensated for their services but they shall be reimbursed in an amount equal to the per diem received by the General Assembly for each day or portion thereof spent in serving as members of the commission. They shall be paid their necessary traveling expenses while engaged in the business of the commission.
(f) A majority of the members of the commission constitutes a quorum for the transaction of business. The vote of at least a majority of the members present at any meeting at which a quorum is present is necessary for any action to be taken by the commission. No vacancy in the membership of the commission impairs the right of a quorum to exercise all rights and perform all duties of the commission.
(g) Meetings of the members of the commission shall be held at the call of the chairman or whenever any two members so request. The members shall meet at least once every year.
21-5-5. The funds necessary to carry out this chapter shall come from the funds appropriated to and available to the State Ethics Commission and from any other available funds.
21-5-6. (a) The commission is vested with the following powers: (1) To meet at such times and places as it may deem necessary; (2) To contract with other agencies, public or private, or persons as it deems
necessary for the rendering and affording of such services, facilities, studies, and reports to the commission as will best assist it to carry out its duties and responsibilities;
(3) To cooperate with and secure the cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this chapter;
(4) To employ an executive secretary and such additional staff as the commission deems necessary to carry out the powers delegated to the commission by this chapter;
(5) To issue subpoenas to compel any person to appear, give sworn testimony, or produce documentary or other evidence;
(6) To institute and prosecute actions in the superior courts, in its own name, seeking to enjoin or restrain any violation or threatened violation of this chapter;
(7) To adopt in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such rules and regulations as are necessary to carry out the purposes of this chapter; and
(8) To do any and all things necessary or convenient to enable it to perform wholly and adequately its duties and to exercise the power granted to it.
(b) The commission shall have the following duties:
(1) To prescribe forms to be used in complying with this chapter;
(2) To prepare and publish a manual setting forth recommended uniform methods of accounting and reporting for use by persons required by this chapter to file statements and reports;
(3) To accept and file any information voluntarily supplied that exceeds the requirements of this chapter;

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(4) To develop a filing, coding, and cross-indexing system consonant with the purposes of this chapter;
(5) To adopt a retention standard for records of the commission in accordance with Chapter 18 of Title 50, the 'Georgia Records Act';
(6) To prepare and publish such other reports and technical studies as in its judgment will tend to promote the purposes of this chapter;
(7) To provide for public dissemination of such summaries and reports; (8) To determine whether the required statements and reports have been filed and, if so, whether they conform to the requirements of this chapter; (9) To make investigations, subject to the limitations contained in Code Section 21-5-7, with respect to the statements and reports filed under this chapter and with respect to alleged failure to file any statements or reports required under this chapter, and upon receipt of the written complaint of any person, verified under oath, to the best information, knowledge, and belief, by the person making same, with respect to an alleged violation of any provision of this chapter, provided that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter; (10) To conduct a preliminary investigation, subject to the limitations contained in Code Section 21-5-7, of the merits of a written complaint by any person who believes that a violation of this chapter has occurred, verified under oath, to the best information, knowledge, and belief by the person making same. If there are found no reasonable grounds to believe that a violation has occurred, the complaint shall be dismissed, subject to being reopened upon discovery of additional evidence or relevant material. If the commission determines that there are such reasonable grounds to believe that a violation has occurred, it shall give notice by summoning the persons believed to have committed the violation to a hearing. The hearing shall be conducted in all respects in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The commission may file a complaint charging violations of this chapter, and any person aggrieved by the final decision of the commission is entitled to judicial review in accordance with Chapter 13 of Title 50; provided, however, that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter; (11) To report suspected violations of law to the appropriate law enforcement authority; (12) To investigate upon a written complaint any illegal use of state employees in a political campaign by any candidate; (13) To issue, upon request, and publish advisory opinions on the requirements of this chapter, based on a real or hypothetical set of circumstances; (14) To issue orders, after the completion of appropriate proceedings, directing compliance with this chapter or prohibiting the actual or threatened commission of any conduct constituting a violation, which order may include a provision requiring the violator:
(A) To cease and desist from committing further violations; (B) To make public complete statements, in corrected form, containing the information required by this chapter; (C) (i) To pay a civil penalty not to exceed $1,000.00 for each violation contained in any report required by this chapter or for each failure to comply with any other provision of this chapter or of any rule or regulation promulgated under this chapter.
(ii) A civil penalty shall not be assessed against any person except after notice and hearing as provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The amount of any civil penalty finally assessed shall be recoverable by a civil action brought in the name of the commission. All moneys recovered pursuant to this Code section shall be deposited in the state treasury.
(iii) The Attorney General of this state shall, upon complaint by the commission, or may, upon the Attorney General's own initiative if after examination of

FRIDAY, FEBRUARY 28, 1986

1797

the complaint and evidence the Attorney General believes a violation has occurred, bring an action in the superior court in the name of the commission for a temporary restraining order or other injunctive relief or for civil penalties assessed against any person violating any provision of this chapter or any rule or regulation duly issued by the commission.
(iv) Any action brought by the Attorney General to enforce civil penalties assessed against any person for violating the provisions of this chapter or any rule or regulations duly issued by the commission or any order issued by the commission ordering compliance or to cease and desist from commissions of further violations shall be brought in the superior court of the county in which the commission held such hearing or met to issue such order. Service of process shall lie in any jurisdiction within the state. In such actions, the superior court inquiry will be limited to whether notice was given by the commission to the violator in compliance with the Constitution and the rules of procedure of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Upon satisfaction that notice was given and a hearing was held pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the superior court shall enforce the orders of the commission and the civil penalties assessed under this chapter and the superior court shall not make independent inquiry as to whether the violations have occurred.
(v) In any action brought by the Attorney General to enforce any of the provisions of this chapter or of any rule or regulation issued by the commission, the judgment, if in favor of the commission, shall provide that the defendant pay to the commission the costs, including reasonable attorneys' fees, incurred by the commission in the prosecution of such action; (15) To make public its conclusion that a violation has occurred and the nature thereof; (16) To petition the superior court within the county where the hearing was or is being conducted for the enforcement of any order issued in connection with such hearing; and (17) To report to the General Assembly and the Governor at the close of each fiscal year concerning the action taken during that time the names, salaries, and duties of all individuals employed and the funds disbursed and to make such further report on the matters within its jurisdiction as may appear desirable. 21-5-7. The commission shall not initiate any investigation or inquiry into any matter under its jurisdiction based upon the complaint of any person unless that person shall reduce the same in writing and verify the same under oath, to the best information, knowledge, and belief of such person, the falsification of which shall be punishable as false swearing under Code Section 16-10-71. Nothing in this Code section, however, shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter. 21-5-8. Venue for prosecution of civil violations of this chapter or for any other action by or on behalf of the commission shall be in the county of the residence of the candidate at the time of the alleged violation or action. 21-5-9. Except as otherwise provided in this chapter, any person who knowingly fails to comply with or who knowingly violates this chapter shall be guilty of a misdemeanor on the first offense and upon the second or subsequent offense shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $5,000.00, or both. Notwithstanding any provision to the contrary, any person who knowingly falsifies any report required under this chapter shall be guilty of a felony.
ARTICLE 2
21-5-30. (a) No contributions to bring about the nomination or election of a candidate for any office shall be accepted except directly by a candidate or such candidate's

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campaign committee which is organized for the purpose of bringing about the nomination or election of any such candidate; and no contributions to bring about the recall of a public officer or to bring about the approval or rejection by the voters of a proposed constitutional amendment, state-wide referendum, or other issue at the municipal or county level shall be accepted except directly by a campaign committee organized for that purpose.
(b) Each candidate shall have a campaign committee for the purpose of maintaining records and the filing of reports as required by this chapter. Every campaign committee shall have a chairman and a treasurer. Before a campaign committee accepts contributions, the name and address of the chairman and treasurer shall be filed with the . commission. The same person may serve as chairman and treasurer. No contributions shall be accepted by or on behalf of the campaign committee at a time when there is a vacancy in the office of chairman and treasurer thereof.
(c) All campaign funds received by a candidate or a campaign committee shall be deposited in a campaign depository designated pursuant to subsection (d) of this Code section in an account designated 'Campaign Account of (name of candidate or committee).' All deposits shall be accompanied by a bank deposit slip containing the name of each contributor and the amount contributed by each.
(d) Contributions of money received pursuant to subsection (a) of this Code section shall be deposited in a separate campaign depository account opened and maintained for the purpose for which such campaign committee was organized. Such account may be an interest-bearing account; provided, however, that any interest earned thereon shall be deemed contributions and may only be used for the purposes allowed under this chapter.
(e) Where separate contributions of less than $100.00 are knowingly received from a common source, such contributions shall be aggregated for reporting purposes. For purposes of fulfilling this requirement, members of the same family, firm, or partnership or employees of the same person, as defined in Code Section 21-5-3, shall be considered to be a common source.
(f) The making and acceptance of anonymous contributions are prohibited. Any anonymous contributions received by a candidate or campaign committee shall be transmitted to the director of the Fiscal Division of the Department of Administrative Services for deposit in the state treasury, and the fact of such contribution and transmittal shall be reported to the commission.
(g) A person acting on behalf of a public utility corporation regulated by the Public Service Commission shall not make, directly or indirectly, any contribution to a political campaign.
21-5-31. (a) Any person who accepts contributions for or makes expenditures on behalf of candidates is subject to the same disclosure requirements of this chapter as a candidate, except that contributions from individuals made directly to a candidate or his campaign committee do not require separate reporting and except that contributions from persons as defined in paragraph (13) of Code Section 21-5-3 which do not exceed $500.00 in the aggregate or which are made to only one candidate, regardless of the amount, do not require separate reporting.
(b) When a contribution consists of the proceeds of a loan, advance, or other extension of credit, the campaign contribution disclosure report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify such relationship.
21-5-32. (a) The treasurer of each campaign committee shall keep detailed accounts, current within not more than five business days after the date of receiving a contribution or making an expenditure, of all contributions received and all expenditures made by or on behalf of the candidate or committee. The treasurer shall also keep detailed accounts of all deposits made in any savings account or certificate of deposit and of all withdrawals made therefrom to the separate campaign depository and of all interest earned thereon.

FRIDAY, FEBRUARY 28, 1986

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(b) Accounts, including campaign savings accounts and certificates of deposit, kept by the treasurer of a campaign committee may be inspected under reasonable circumstances before, during, or after the election to which the accounts refer by any authorized representative of the commission. The right of inspection may be enforced by appropriate writ issued by any court of competent jurisdiction.
(c) Accounts kept by the campaign committee shall be preserved for three years from the termination date of the campaign committee for any candidate or for three years from the election to bring about the approval or rejection by the voters of any proposed constitutional amendment, referendum, local issue, or recall vote.
21-5-33. (a) Contributions received by a candidate or a campaign committee, or a public officer and any proceeds from investing such contributions shall be utilized only to defray ordinary and necessary expenses, which may include any loan of money from a candidate or public officer to the candidate's campaign committee, incurred in connection with the candidate's campaign for elective office or a public officer's fulfillment or retention of such office.
(b) (1) All contributions received by a candidate or such candidate's campaign committee or a public officer in excess of those necessary to defray expenses pursuant to subsection (a) of this Code section and as determined by the candidate or public officer may only be used as follows:
(A) As contributions to any charitable organization described in 26 U.S.C. 170(c);
(B) For transferral without limitation to any national, state, or local committee of any political party;
(C) For repayment on a pro rata basis to individuals making such contributions;
(D) For use in future campaigns for any elective office; or (E) For any personal use; provided, however, that no candidate or public officer shall convert contributions to the personal use or benefit of the candidate or public officer unless the candidate or public officer shall have:
(i) Written to every contributor to notify the contributor that the candidate or public officer intends to convert contributions to the personal use of the candidate or public officer;
(ii) Extended an opportunity in writing to every contributor to receive a pro rata distribution from the campaign committee in lieu of having the contributions converted to the personal use of the candidate or public officer, which opportunity shall not expire for at least 30 days after extension of such opportunity; and
(iii) Distributed pro rata the contributions to all who objected to the conversion of the contributions to the personal use of the candidate or public officer.
(2) Any candidate or public officer may provide in the will of the candidate or public officer that the contributions shall be spent in any of the authorized manners upon the death of the candidate or public officer; and, in the absence of any such direction in the probated will of the candidate or public officer, the contributions shall be paid to the treasury of the state party with which the candidate or public officer was affiliated in such candidate's or officer's last election or elective office. (c) Contributions shall not constitute personal assets of the candidate or public officer. 21-5-34. (a) (1) The candidate or the chairman or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any
office except county and municipal offices and the chairman or treasurer of every
campaign committee designed to bring about the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional
amendment or state-wide referendum shall file with the commission the required campaign contribution disclosure reports. A candidate for any county or municipal office
or the chairman or treasurer of such candidate's campaign committee shall file a copy
of each of such candidate's reports with the election superintendent of the county of
such candidate's residence.

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(2) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election shall file a campaign contribution disclosure report as prescribed by this chapter; provided, however, that such report shall only be required if such campaign committee has received contributions which total more than $100.00 or if such campaign committee has made expenditures which total more than $100.00.
(3) A candidate for county office or the chairman or treasurer of such candidate's campaign committee shall file the required campaign contribution disclosure reports with the election superintendent in the respective county of election.
(4) A candidate for municipal office or such candidate's campaign committee shall file the reports with the municipal clerk in the respective municipality of election or, if there is no clerk, with the chief executive officer of the municipality. (b) All reports shall list the following:
(1) The amount, name, and mailing address of any person making a contribution in excess of $100.00, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events;
(2) The name and mailing address and occupation or place of employment of any person to whom an expenditure in excess of $100.00 is made and the amount and general purpose of such expenditure;
(3) When a contribution consists of a loan, advance, or other extension of credit, the report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify such relationship.
(c) Campaign committees which accept contributions or make expenditures designed to bring about the nomination or election of a candidate shall file campaign contribution disclosure reports 45 days and 15 days before the primary election and ten days after the primary election. Candidates in a general or special election campaign shall make such reports 15 days prior to the general or special election, and all candidates shall make a final campaign contribution disclosure report not later than December 31 of the year in which the election occurs. All candidates shall have a five-day grace period in filing the required reports. If a run-off election is required following a general or special election, candidates in such an election shall make such reports six days prior to the run-off election and shall have a two-day grace period in filing the required report, with the exception that, if an election is scheduled on a Wednesday, the grace period shall end the Friday preceding the election. The mailing of said reports by United States mail with adequate postage thereon, within the required filing time, shall be prima-facie evidence of filing. A report or statement required to be filed by this Code section shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to administer oaths. Each report required in the calendar year of the election shall contain cumulative totals of all contributions which have been received and all expenditures which have been made in support of the campaign in question and which are required, or previously have been required, to be reported.
(d) In the event any candidate covered by this chapter has no opposition in either a primary or a general election and receives no contribution in excess of $100.00, said candidate shall only be required to make the initial and final report as required under this chapter.
(e) A supplemental campaign contribution disclosure report shall be filed by each public officer elected to an office covered by this chapter no later than December 31 of each year following the year in which the election occurs. If no contribution is received or expenditure made which is required to be reported under this chapter between the date of the last campaign contribution disclosure report filed pursuant to this chapter and December 31 of any year, a supplemental campaign contribution disclosure report shall be required by this chapter and shall so indicate no contributions or expenditures.

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(f) Any campaign committee which accepts contributions or makes expenditures designed to bring about the recall of a public official or to oppose the recall of a public official shall file campaign contribution disclosure reports with the commission as follows:
(1) An initial report shall be filed within 15 days of the date when the official recall petition forms were issued to the sponsors;
(2) A second report shall be filed 45 days after the filing of the initial report;
(3) A third report shall be filed within 15 days after the expiration date for acquiring signatures on the recall petition;
(4) A final report shall be filed prior to December 31 of the year in which the recall election is held; and
(5) In the case of state officials or county officials, a copy of each of the reports shall also be filed with the election superintendent in the county of residence of the official sought to be recalled. In the case of municipal officials, a copy of the reports shall also be filed with the municipal clerk in the municipality of residence of the official sought to be recalled or, if there is no clerk, with the chief executive officer of the municipality.
(g) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of a proposed constitutional amendment or a state-wide referendum shall file a campaign contribution disclosure report with the commission ten days prior to the date of the election and shall file a final report prior to December 31 of the year in which the election is held.
(h) (1) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election shall file a campaign contribution disclosure report as prescribed by this chapter, provided that such report shall only be required if such campaign committee has received contributions which total more than $100.00 or if such campaign committee has made expenditures which total more than $100.00. All advertising pertaining to referendums must identify the principal officer of said campaign committee by containing the name and title of the principal officer.
(2) If a campaign committee is required to file a report under paragraph (1) of this subsection, said report shall be filed with the election superintendent of the county in the case of a county election or with the municipal clerk in the case of a municipal election. Any such report shall be filed 15 days prior to the date of the election; and a final report shall be filed prior to December 31 of the year in which the election is held.
(i) In any county in which the county board of elections does not maintain an office open to the public during normal business hours for five days a week, the reports required by this Code section shall be filed in the office of the judge of the probate
court of that county.
21-5-35. (a) Any member of the General Assembly or that member's campaign
committee who accepts a reportable campaign contribution during a legislative session
shall report the contribution to the proper authority on the first day of the month
following the month in which the contribution was accepted.
(b) Any person subject to Code Section 21-5-31 who gives a contribution to a
member of the General Assembly or that member's campaign committee during a legis-
lative session shall report the contribution to the proper authority on the first day of
the month following the month in which the contribution was given.
21-5-36. (a) It shall be the duty of the commission to make the campaign contribu-
tion disclosure reports available for public inspection and copying during regular office
hours commencing as soon as practicable after such filing. Such officials shall have the
authority to charge a fee for copying such reports not to exceed the actual cost thereof.
The commission shall preserve such reports for a period of five years from the date upon
which they are received.
(b) The commission has the duty to inspect each report filed by a candidate or by
a campaign committee for conformity with the law and to notify the candidate or cam-
paign committee immediately if the report does not conform with the law, is unsigned,
or is otherwise in technical violation of filing requirements.

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ARTICLE 3
21-5-50. (a) Each public officer, as defined in paragraph (14) of Code Section 21-5-3, shall file with the commission not later than February 15 of each year in which such public officer holds office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer shall file with the commission, not later than the tenth day after which such person qualifies, a financial disclosure statement for the 12 month period ending the month prior to such qualification. The commission shall review each financial disclosure statement to determine that such statement is in compliance with the requirements of this chapter.
(b) A financial disclosure statement shall be in the form specified by the commission and shall identify:
(1) All gifts and all or other consideration, fees, honoraria, and expense reimbursements in excess of $100.00 received by the public officer from speaking engagements, participation in seminars, discussion panels, or other activities which relate to the duties of the public officer or the office of the public officer, with a statement of the fair market value of the consideration received and the person from whom it was received;
(2) All fiduciary positions held by the candidate for public office or the public officer in any business entity, with a statement of the title of each such position, the name and address of the business entity, and the principal activity of the business entity as defined by the Standard Industrial Classification System;
(3) All direct ownership interests of the total assets or capital stock of any business entity, including the name, address, principal activity of the business entity as defined by the Standard Industrial Classification System, the office held by the candidate for public office or the public officer within such business entity, and the duties and responsibilities of the candidate for public office or the public officer in which such ownership is held, where:
(A) Such ownership interest is more than 5 percent; (B) Such ownership interest has a fair market value of more than $20,000.00; or (C) Such ownership interest represents at least 5 percent of the candidate for public office's or the public officer's net worth; (4) All direct ownership interests which have a fair market value of more than $20,000.00 or represent at least 5 percent of the candidate for public office's or the public officer's net worth in: (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 (B) Intangible property, including the type of such property as defined by the Standard Industrial Classification System, 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 benefit, value, or proceeds thereof; and
(5) All annual payments in excess of $20,000.00 received by the public officer or any business entity identified in paragraph (3) of this subsection from the state, any agency, department, commission, or authority created by the state, and authorized and exempted from disclosure under Code Section 45-10-24 or 45-10-25, and the agency, department, commission, or authority making the payments, and the general nature of the consideration rendered for the source of the payments. 21-5-51. The financial disclosure reports required under this part shall be verified by oath or affirmation of the public officer filing the report, such oath or affirmation to be taken before an officer authorized to administer oaths.
21-5-52. Depositing of a properly addressed financial disclosure report in the United States mails with adequate postage thereon shall constitute filing on the date of mailing.
21-5-53. Financial disclosure reports filed pursuant to this part shall be public records and shall be subject to inspection and copying by any member of the public as provided by law for other public records."

FRIDAY, FEBRUARY 28, 1986

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Section 2. This Act shall become effective March 1, 1987. Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 115th moved that the House disagree to the Senate substitute to HB 1286.
The motion prevailed.

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 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 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 Senate 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 a limitation upon the amount of punitive and exemplary damages which may be awarded in certain actions; 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; to provide that the court may in certain cases order structured award or periodic payment of amounts awarded as future damages; to provide for continuing jurisdiction during the period of such payments; to require insurance or surety as a condition of ordering periodic payments; to require submission of insurers to the continuing jurisdiction of the court; to provide for apportionment of damages in verdicts and findings of fact; to provide that, in actions for personal injury, damages other than special damages shall be apportioned among multiple defendants according to fault and shall not be subject to joint liability or to any right of contribution; 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 collateral 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 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 51-12-5, relating to punitive or exemplary damages, and inserting in its place a new Code section to read as follows:
"51-12-5. (a) In a tort action in which there are aggravating circumstances, in either the act or the intention, the jury may give additional damages to deter the wrongdoer from repeating the trespass or as compensation for the wounded feelings of the plaintiff.

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(b) The maximum amount of punitive or exemplary damages which may be awarded under this Code section or under Code Section 51-12-6 to any plaintiff against any defendant shall be $500,000.00, except that this limitation shall not apply in the case of an intentional tort and shall not have any application to any action in the nature of a products liability action."
Section 3. Said chapter is further amended by striking Code Section 51-12-12, relating 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 cither so small or 90 excessive as to justify tiic inference of gross mistsKc <w undue Dias clearly so madequate 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 4. Said chapter is further amended by adding a new Code Section 51-12-16 to read as follows:
"51-12-16. (a) In any action for a tort resulting in personal injury in which damages are awarded by the finder of fact for future medical treatment, for future care or custody, for loss of future earnings, for loss of use of bodily function, for future pain and suffering, or for any combination of the foregoing, the court may, on motion of either party, if the interests of justice will so be best served, order that all or part of such damages be paid by a structured award or by periodic payments rather than by lump-sum payment.
(b) An order for periodic payment of future damages shall specify a schedule of payments which clearly identifies the amount of each payment, the time for each payment, and the recipient of each payment and shall specify that such payments shall include interest upon the principal amount recovered at a rate of interest that is at least equal to the legal rate of interest established by law for judgments. The schedule of payments shall be such as will, in the discretion of the court, provide adequate compensation for future damages as they occur while protecting the injured party from improvident expenditure and preventing unjust enrichment in the event of the death of the injured party prior to the incurring of future damages. Such a schedule of payments, once incorporated in a final judgment of the court, shall be subject to modification only upon the death of the party entitled to such payments. Upon the death of the party entitled to such payments, all obligations of the judgment creditor to make future such payments shall cease, except that the dependents of the deceased shall thereafter be entitled to receive such future payments as were awarded for loss of future earnings.
(c) A court which enters an order for periodic payment of damages shall retain jurisdiction over the action and the parties to the action and any insurer liable for such payments until such time as all such payments have been made, such continuing jurisdiction being for the purpose of enforcing payment of any amounts not paid as they come due.
(d) An order for periodic payments shall be entered only if: (1) The court finds that a financially sound commercial insurer will be legally
liable to make such payments as they come due and such insurer consents to becoming subject to the continuing jurisdiction of the court for enforcement of such payments in the same manner as the party against whom such payments are awarded; or
(2) The party against whom such payments are awarded is required to post adequate surety to ensure that each of such payments will be made as it comes due, the terms and conditions of such surety to be determined by the court. (e) Any party who is liable for periodic payments and who willfully fails to make such payments when due shall be subject to punishment for contempt of court and shall be liable for any attorney's fees and other reasonable expenses incurred by the party entitled to such payments in enforcing such payments. If the party against whom payments are awarded willfully and habitually fails to make such payments when due, the

FRIDAY, FEBRUARY 28, 1986

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court shall after notice and hearing enter a judgment, enforceable as any other money judgment, for immediate payment of all unpaid payments.
(f) In any action which may be subject to this Code section, the court shall upon motion direct the jury to identify separately in its verdict for damages, if any, damages for loss of future earnings, other future damages, and damages other than future damages. In the absence of a timely motion for and entry of such a special verdict, no order for periodic payments shall be entered.
(g) In any action in which the jury is directed to identify separate items of damage in accordance with subparagrah (f) of this Code section, the court shall instruct the jury that they shall not reduce the value of lost future earnings or other future damages to present cash value.
(h) Upon establishing to the satisfaction of the court that no further amounts are due, the party who was liable for periodic payments shall be entitled to a final order closing the action, releasing any surety, and releasing the party from the jurisdiction of the court."
Section 5. Said chapter is further amended by adding a new Code Section 51-12-33 to read as follows:
"51-12-33. (a) As used in this Code section, the term 'noneconomic damages' means all damages other than special damages and includes, without limiting the generality of the foregoing, punitive damages and damages for pain and suffering.
(b) If there are multiple defendants in an action for personal injury, the court shall direct the jury in its award of damages, if any, to make separate awards of special damages and noneconomic damages. The court shall further instruct the jury that its award of noneconomic damages, if any, shall be apportioned among the defendants who are liable, according to the degree of fault of each such defendant. If an action for personal injury is tried without a jury, the judge as finder of fact shall likewise so apportion any noneconomic damages awarded.
(c) Noneconomic damages awarded as provided in this Code section shall be the liability of only the defendant against whom they are awarded, shall not be a joint liability, and shall not be subject to any right of contribution. Special damages awarded in cases subject to this Code section shall be subject to the rules of joint and several liability and contribution as in other cases."
Section 6. Within 12 months of the effective date of this Act all insurance carriers providing coverage for property, casualty or liability insurance shall reduce premiums for property, casualty or liability insurance coverage by thirty-three and one-third percent from the rate for such coverage on the effective date of this Act. Such insurance carrier shall not increase such premiums thereafter for a period of five years after the initial twelve-month period.
Section 7. This Act shall become effective July 1, 1986, and shall apply to causes of action arising on or after that date. This Act shall stand repealed in its entirety on July 1, 1989, and, at such time, the provisions of law affected by this Act shall be construed to read as if this Act had not been enacted as law by the General Assembly.
Section 8. Twelve months after the effective date of this Act, if no claims have been made by or against the insured, medical malpractice and liability premiums must be reduced by 25%.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

Representative Robinson of the 96th moved that the House disagree to the Senate

substitute to HB 1186.

'

The motion prevailed.

HB 850. By Representatives Chambless of the 133rd, Childers of the 15th, Phillips of the 120th, Watson of the 114th and Reaves of the 147th:

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A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the review of all proposed legislation newly regulating a business or a profession.

The following Senate substitute was read:

A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the review of all proposed legislation licensing or certifying a business or a profession not currently licensed or certified by the state; to provide for a short title; to provide for legislative purpose; to provide for definitions; to provide for the Georgia Occupational Regulation Review Council and its composition, duties, and functions; to provide procedures for review of certain proposed legislation; to provide for criteria for review; to provide for factors to be considered in determining the need for regulation; to require explanations regarding certain factors; to provide for recommended methods of regulation; to provide for construction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding immediately following Chapter 1 thereof a new Chapter 1A to read as follows:
"CHAPTER 1A
43-1A-1. This chapter shall be known and may be cited as the 'Georgia Occupational Regulation Review Law.'
43-1A-2. The General Assembly finds that the need for and the effectiveness of establishing occupational licensure and certification in this state has not been systematically evaluated. It is the purpose of this chapter to ensure that no programs of licensure and certification shall hereafter be imposed upon any profession or business unless required for the safety and well-being of the citizens of the state.
43-1A-3. As used in this chapter, the term: (1) 'Applicant group' means any business or professional group or organization,
any individual, or any other interested party which proposes that any business or professional group not presently regulated be regulated by the state.
(2) 'Certificate' or 'certification' means a voluntary process by which a statutory regulatory entity grants recognition to an individual who has met certain prerequisite qualifications specified by that regulatory entity and who may assume or use 'certified' in the title or designation to perform prescribed occupational tasks.
(3) 'Council' means the Georgia Occupational Regulation Review Council created by Code Section 43-1A-4.
(4) 'Grandfather clause' means a provision in a regulatory statute applicable to individuals engaged in the regulated business or profession prior to the effective date of the regulatory statute which exempts the individuals from meeting prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks.
(5) 'Legislative committee of reference' means the standing legislative committee designated by the Speaker of the House of Representatives or the President of the Senate to consider proposed legislation to regulate any business or occupation not previously regulated.
(6) 'License,' 'licensing,' or 'licensure' means authorization to engage in a business or profession which would otherwise be unlawful in the state in the absence of authorization. A license is granted to those individuals who meet prerequisite qualifications to perform prescribed business or professional tasks and for the use of a particular title.

FRIDAY, FEBRUARY 28, 1986

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(7) 'Regulate' or 'regulation' means the process of licensure or certification as defined in this Code section.
(8) 'Regulatory entity' means any state agency which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state.
(9) 'State agency' means each state board, bureau, commission, department, division, office, or other separate unit of state government created or established by law. 43-1A-4. (a) There is created the Georgia Occupational Regulation Review Council.
(b) The council shall consist of eight members: (1) The Secretary of State or his designee;
(2) The director of the Office of Planning and Budget or his designee; (3) The chairman of the Senate Committee on Natural Resources; (4) The chairman of the Senate Committee on Governmental Operations;
(5) The chairman of the Senate Committee on Human Resources; (6) The chairman of the House Committee on Health and Ecology; (7) The chairman of the House Committee on State of Republic; and
(8) The chairman of the House Committee on Natural Resources and Environment.
(c) The director of the Office of Planning and Budget or his designee shall serve as chairperson of the council.
43-1A-5. (a) It shall be the duty of the council to review all bills introduced in the General Assembly to license or certify a profession or business, which is not currently licensed or certified by the state, based on the criteria outlined in Code Section 43-1A-6.
(b) The legislative committee of reference shall formally notify the council of any proposed legislation intending to license or certify a business or profession not currently licensed or certified by the state. Within a period of time not to exceed nine months from the date of notification by the legislative committee of such legislation, but in no event later than the convening date of the next succeeding regular session of the General Assembly, the council shall provide a formal report, evaluating the need to regulate the
business or profession based on the factors and information provided under Code Section 43-1A-7, to the chairperson of the legislative committee of reference, the presid-
ing officers of the House of Representatives and the Senate, and the legislative counsel. If the council determines a need for regulation, the report shall recommend an appropri-
ate type of regulation and an appropriate state agency to oversee the regulation. (c) The council shall work with the applicant group, the legislative committee of
reference, and other interested parties in formulating its formal report. 43-1A-6. All bills introduced in the General Assembly to newly regulate a profession
or business should be reviewed according to the following criteria. In evaluating whether a profession or business shall hereafter be regulated, the following factors shall be
considered: (1) Whether the unregulated practice of an occupation may harm or endanger the
health, safety, and welfare of citizens of the state and whether the potential for harm
is recognizable and not remote; (2) Whether the practice of an occupation requires specialized skill or training and
whether the public needs and will benefit by assurances of initial and continuing occupational ability;
(3) Whether the citizens of this state are or may be effectively protected by other
means; and (4) Whether the overall cost-effectiveness and economic impact would be positive
for citizens of the state. 43-1A-7. After July 1, 1986, applicant groups and other interested parties shall
explain in writing each of the following factors to the extent requested by the council and the legislative committee of reference:
(1) A definition of the problem and why regulation is necessary: (A) The nature of the potential harm to the public if the business or profession
is not regulated, and the extent to which there is a threat to public health and safety; and
(B) The extent to which consumers need and will benefit from a method of regulation identifying competent individuals engaged in the business or profession;

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(2) The efforts made to address the problem: (A) Voluntary efforts, if any, by members of the business or profession to estab-
lish a code of ethics or help resolve disputes between the business or professional group and consumers; and
(B) Recourse to and the extent of use of applicable law and whether it could be strengthened to control the problem; (3) The alternatives considered:
(A) Regulation of business or professional employers rather than employees; (B) Regulation of the program or service rather than the individuals; (C) Registration of all individuals; (D) Certification of all individuals; (E) Other alternatives; (F) Why the use of the alternatives specified in this paragraph would not be adequate to protect the public interest; and (G) Why licensure would serve to protect the public interest; (4) The benefit to the public if regulation is granted: (A) The extent to which the incidence of specific problems present in the unregulated business or profession can reasonably be expected to be reduced by regulation; (B) Whether the public can identify qualified individuals; (C) The extent to which the public can be confident that regulated individuals are competent:
(i) Whether the proposed regulatory entity would be a board composed of members of the profession and public members, or a state agency, or both and, if appropriate, their respective responsibilities in administering the system of certification or licensure, including the composition of the board; the powers and duties of the board or state agency regarding examinations, investigations, and the disciplining of certified or licensed individuals; the promulgation of rules and a code of ethics; and how fees would be levied and collected to cover the expenses of administering and operating the regulatory system;
(ii) If there is a grandfather clause, whether such individuals will be required to meet the prerequisite qualifications established by the regulatory entity at a later date;
(iii) The nature of the standards proposed for certification or licensure as compared with the standards of other jurisdictions;
(iv) Whether the regulatory entity would be authorized to enter into reciprocity agreements with other jurisdictions; and
(v) The nature and duration of any training and whether applicants will be required to pass an examination; and, if an examination is required, by whom it will be developed and how the cost of development will be met; and (D) Assurance to the public that regulated individuals have maintained their competence:
(i) Whether the certification or license will carry an expiration date; and
(ii) Whether renewal will be based only upon payment of a fee or whether renewal will involve reexamination, satisfactory completion of continuing education, peer review, or other enforcement;
(5) The extent to which regulation might harm the public:
(A) The extent to which regulation might restrict entry into the business or profession and whether the proposed standards are more restrictive than necessary to ensure safe and effective performance; and
(B) Whether there are similar professions to that of the applicant group which should be included in, or portions of the applicant group which should be excluded from, the proposed legislation;
(6) A description of the group proposed for regulation, including a list of associations, organizations, and other groups representing the business or profession in this state, an estimate of the number of individuals in each group, and whether the groups represent different levels of business or professional activity;

FRIDAY, FEBRUARY 28, 1986

1809

(7) The expected cost of regulation: (A) The impact regulation might have on the costs of service to the public; (B) The impact regulation might have on various types of insurance; and (C) The initial and long-term cost to the state and to the general public of
implementing the proposed legislation; and (8) Any additional information requested by the council or the legislative committee of reference. 43-1A-8. After evaluating the report of the council and any other desired information based on the criteria outlined in Code Section 43-1A-6 and considering governmental and societal costs and benefits, if the General Assembly finds that it is necessary to regulate a business or profession not previously regulated by law, the most appropriate alternative method of regulation should be implemented, consistent with the public interest and this Code section: (1) Where the consumer may have a substantial basis for relying on the services of a profession or business, a system of certification should be implemented; (2) Where apparent that adequate regulation cannot be achieved by means other than licensing, a system of licensing should be implemented; or (3) Where regulation as defined in this chapter is deemed too restrictive and unnecessary to protect the public health and welfare, a less restrictive means of ensuring public protection, including but not limited to stricter civil action or criminal penalties, inspection requirements, or a system of registration, may be considered. 43-1A-9. Nothing in this chapter shall be construed to limit the authority of the General Assembly to legislate as authorized by the Constitution."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Chambless of the 133rd moved that the House disagree to the Senate substitute to HB 850.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 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.

Representative Robinson of the 58th moved that the House insist on its position in disagreeing to the Senate amendment to HB 1162 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 Robinson of the 58th, Rainey of the 135th and Peters of the 2nd.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

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JOURNAL OF THE HOUSE,

HB 840. By Representative Evans of the 84th:
A bill to amend Part 1 of Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances to secure debt and bills of sale, so as to provide for the method of cancellation of deeds to secure debt which apply to real property.

Representative Home of the 103rd moved that the House insist on its position in disagreeing to the Senate amendment to HB 840 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Home of the 103rd, Pinkston of the 100th and Dunn of the 73rd.

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 484. By Senator Bond of the 39th:
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 founding of Morehouse College.

The following Committee substitute was read and adopted:

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 founding of Morehouse College and for the issuance of a special license plate to commemorate the founding of Mercer University and for the issuance of a special license plate to commemorate the founding of Macon Junior College and for the issuance of a special license plate to commemorate the founding of Valdosta State College; 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. 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, is amended by adding immediately after Code Section 40-2-29.3 a new Code Section 40-2-29.4 and a new Code Section 40-2-29.5 and a new Code Section 40-2-29.6 and a new Code Section 40-2-29.7 to read as follows:
"40-2-29.4. (a) To commemorate the founding of Morehouse College there shall be issued in 1987 special license plates to commemorate the founding of that college.
(b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the founding of Morehouse College. It shall not be a requirement that a county name decal be affixed and displayed on license plates under this Code section.
(c) In calendars year 1987 through 1989, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a $25.00 manufacturing fee in addition to the regular motor vehicle registration fee, shall be issued such a special license

FRIDAY, FEBRUARY 28, 1986

1811

plate. Special license plates issued on or after January 1, 1987, under this Code section shall be used until the expiration of other seven-year license plates issued on or after January 1, 1983, as provided in Code Section 40-2-29.
(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 December 31, 1989.
40-2-29.5. (a) To commemorate the founding of Macon Junior College there shall be issued in 1987 special license plates to commemorate the founding of that university.
(b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the founding of Macon Junior College. It shall not be a requirement that a county name decal be affixed and displayed on license plates under this Code section.
(c) In calendar years 1987 through 1989, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a $25.00 manufacturing fee in addition to the regular motor vehicle registration fee, shall be issued such a special license plate. Special license plates issued on or after January 1, 1987, under this Code section shall be used until the expiration of other seven-year license plates issued on or after January 1, 1983, as provided in Code Section 40-2-29.
(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 December 31, 1989.
40-2-29.6. (a) To commemorate the founding of Mercer University there shall be issued in 1987 special license plates to commemorate the founding of that university.
(b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the founding of Mercer University. It shall not be a requirement that a county name decal be affixed and displayed on license plates under this Code section.
(c) In calendar years 1987 through 1989, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a $25.00 manufacturing fee in addition to the regular motor vehicle registration fee, shall be issued such a special license plate. Special license plates issued on or after January 1, 1987, under this Code section shall be used until the expiration of other seven-year license plates issued on or after January 1, 1983, as provided in Code Section 40-2-29.
(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 December 31, 1989.
40-2-29.7. (a) To commemorate the founding of Valdosta State College there shall be issued in 1987 special license plates to commemorate the founding of that college.
(b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the founding of Valdosta State College. It shall not be a requirement that a county name decal be affixed and displayed on license plates under this Code section.
(c) In calendar years 1987 through 1989, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a $25.00 manufacturing fee in addition to the regular motor vehicle registration fee, shall be issued such a special license plate. Special license plates issued on or after January 1, 1987, under this Code section shall be used until the expiration of other seven-year license plates issued on or after January 1, 1983, as provided in Code Section 40-2-29.

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(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 December 31, 1989."
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 substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M Y Aiken
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 YBeck Y Benefield
Benn Birdsong Y 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

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 YDean
Dixon YDobbs Y Dover YDunn
Edwards Felton Floyd Y Foster Y 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 Y Hudson
Isak&on 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
Lee.C Y Lee.W
Linder YLogan YLong YLord Y Lucas Y Lupton
Maddox Mangum Martin.C Y Martin,J Y Matthews McDonald

Y McKelvey McKinney
YMilam Y Milford
Moody Y Moore Y Morton
Mostiler Y Moultrie
Mueller Y Oliver.C Y Padgett
Pannell YParham Y Parrish
Patten Peters Pettit Phillips Y Pinkston Y Porter
Rainey Y Ramsey.T Y Ramsey.V
Randall
Y Ransom Ray Reaves
Y Redding Y Richardson Y Robinson,C Y Robinson.P
Boss Y Royal
Y Russell Selman

Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L
Y Smith,? Smith.T Smyre
YSnow Y Stancil
Steinberg Thomas.C Y Thomas,M Y Thompson Y Townsend
Y Triplett Y Twiggs
Waddle Y Waldrep Y Walker.C Y Walker,L
YWall Ware Watson
Y Watts White 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, by substitute, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, SB 484, by substitute, was ordered immediately transmitted to the Senate.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

FRIDAY, FEBRUARY 28, 1986

1813

SB 45. By Senators Bryant of the 3rd and Allgood of the 22nd:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to authorize the Department of Public Safety to disseminate certain information from its records to certain governmental agencies or units of this state and of the United States having legitimate governmental needs therefor.

Representative Galer of the 97th moved that the House adhere to its position in amending SB 45 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 Galer of the 97th, Copelan of the 106th and Childs of the 53rd.

The Speaker assumed the Chair.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time:

SR 330. By Senators Scott of the 2nd, Hudgins of the 15th, Coleman of the 1st and Langford of the 35th:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a State Children's Trust Fund from which funds shall be disbursed for the purpose of child abuse and neglect prevention programs; to provide for payments into the trust fund and disbursements therefrom; to provide for the applicability of certain provisions of the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article III, Section IX, Paragraph VI of the Constitution is amended by adding at the end thereof a new subparagraph (f) to read as follows:
"(f) The General Assembly is authorized to provide by law for the creation of a State Children's Trust Fund from which funds shall be disbursed for child abuse and neglect prevention programs. A portion of the fees collected for marriage licenses and birth certificates shall be paid directly to the State Children's Trust Fund as provided by law. The General Assembly is authorized to provide for other allocations, payments, and donations to such fund. Moneys paid into the fund and disbursements therefrom shall not be subject to the limitations of subparagraph (a) of this Paragraph or of Article VII, Section III, Paragraph II and moneys in the fund shall not lapse."

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 authorize the General Assembly to provide by law for the creation of a State Children's Trust Fund from which funds shall be disbursed for the purpose of child abuse and neglect prevention programs?"

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JOURNAL OF THE HOUSE,

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The following Committee substitute was read and adopted:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a State Children's Trust Fund from which funds shall be disbursed for the purpose of child abuse and neglect prevention programs; to provide for payments into the trust fund; to provide for the applicability of a certain provision of the Constitution; to provide for the submission of this amendment for ratification or rejec-
tion; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article III, Section IX, Paragraph VI of the Constitution is amended by adding at the end thereof a new subparagraph (f) to read as follows:
"(f) The General Assembly is authorized to provide by law for the creation of a State Children's Trust Fund from which funds shall be disbursed for child abuse and neglect prevention programs. The General Assembly is authorized to appropriate moneys to such fund and such moneys paid into the fund shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c), relative to the lapsing of funds."

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 authorize the General Assembly to provide by law for the creation of a State Children's Trust Fund from which funds shall be disbursed for the purpose of child abuse and neglect prevention programs?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Adams,G
Y Adams.M Y Aiken
Alford Y Alien Y Anderson
Y Argo Y Athon Y Atkins Y Auten Y Bailey
Balkcom

Y Bannister Y Bargeron Y Barnett.B Y Barnett,M Y Beck 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 Childers Y Childs
Clark.B Clark,L

Y Colbert Coleman Colwell Connell
Y Cooper Y Copelan Y Couch
Y Cox Y Crawford
Crosby Cummings Daugherty Y Davis

Dean Dixon Dobbs Y Dover Y Dunn Y Edwards Y Felton
Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene

FRIDAY, FEBRUARY 28, 1986

1815

Y Greer Groover
Y Hamilton Hanner
Y Harris
Y Hasty YHays Y Heard YHill
Holcomb Y Holmes Y Hooks
Home Y Hudson Y Isakson Y Jackson,J
Jackson.N Y Jamieson Y Johnson.D Y Johnson,F Y Johnson.R
Y Johnson,S Y Kilgore

Y Kingston Y Lane,D Y Lane.R Y Lawler Y Lawrence Y Lawson
Y Lee,C YLee.W Y Linder Y Logan
YLong YLord
Lucas Y Lupton
Maddox 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
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 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
Shepard Y Sherrod Y Sinkfield
Sizemore Y Smith,L Y Smith,? Y Smith.T
Smyre YSnow
Y Stancil Steinberg
Y 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
White Y Wilder
Williams.B Williams.J Y Williams.R Y Wilson
Y Wood Y Workman
Yeargin Young Murphy,Spkr

On the adoption of the Resolution, by substitute, the ayes were 134, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute.

SB 456. By Senator Barnes of the 33rd:
A bill to amend Code Section 44-14-470 of the Official Code of Georgia Annotated, relating to liens of hospitals and nursing homes for reasonable charges for the care and treatment of injured persons, so as to provide that the creation of such liens shall not be dependent upon the time elapsing from the date of injury to the date such care and treatment is provided.

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
Alford Y Alien
Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong
Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G
YBuck

YBurruss Byrd
Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark,B
Clark,L Y Colbert Y Coleman
Colwell Y Connell
Cooper Y Copelan Y Couch YCox Y Crawford
Crosby Cummings Daugherty Y Davis
Dean Dixon YDobbs Y Dover YDunn Y Edwards

Y Felton
Y Floyd Y Foster YGaler Y Godbee Y Goodwin Y Greene Y Greer
Groover Y Hamilton
Hanner Y Harris
Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes
Y Hooks Home
Y Hudson Y Isakson
Jackson,J Y JacksonJSI 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 Y Logan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum
Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey
McKinney Y Milam
Milford
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
Y Pinkston Y Porter
Y Rainey Ramsey.T
Y Ramsey.V Randall
Y Ransom YRay
Reaves Y Redding
Richardson Robinson.C Y Robinson.P YRoss Y Royal Y Russell Y Selman Y Shepard

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Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T
Smyre

Y Snow Y Stancil
Steinberg Y Thomas.C Y Thomas.M
Thompson Y Townsend

Y Triplett Y Twiggs
Waddle Y Waldrep
Walker.C Y Walker.L Y Wall

Y Ware Y Watson Y Watts
White Y Wilder
Williams.B Williams,J

Y Williams.R Wilson 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.

SB 465. By Senators Howard of the 42nd, Starr of the 44th, Trulock of the 10th and others:
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 change certain provisions relating to the establishment and designation of community work experience programs; to change the scope of such programs and require registration and participation therein under certain conditions.

The following Committee substitute was read and adopted:

A BILL
To repeal in its entirety Code Section 49-4-17.1 of the Official Code of Georgia Annotated, 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 participants in such program; to provide for mandatory registration and participation of recipients 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 of the program; to provide for state-wide or partial implementation of the program; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 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 dependent 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 experience 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.

FRIDAY, FEBRUARY 28, 1986

1817

Section 2. Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, 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. This employment services program shall be known as the Positive Employment Assistance Community Help (PEACH) Program. The program shall include such educational programs, vocational skills programs, work experience programs, 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 participants 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 provided 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 provided 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 department. (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 compensation 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 compensation unless such program is, as determined by the department, designed to and likely to result in the participant's obtaining compensated employment; and
(C) No recipient shall be required to engage in such a program without compensation 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 participation, 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 provided 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 employment 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 recklessness 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

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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' compensation, 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 provide insurance coverage with respect to any of the following:
(1) Liability of participants in the employment services program for damages arising 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 provision 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 participants in the employment services program; the number of participants securing private 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 report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M Y Aiken
Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey
Balkcom
Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield
Benn Y Birdsong
Bishop
Y Bolster Y Bostick Y Branch YBray 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
Connell Y Cooper Y Copelan Y Couch YCox
Y Crawford Crosby Cummings
Daugherty Y Davis
Dean Dixon
Y Dobbs Y Dover YDunn Y Edwards
Y Felton Y Floyd
Y Foster Y Galet 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
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 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
McDonald

Y McKelvey
McKinney Y Milam
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
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 Smyre
YSnow Y Stancil
Steinberg Y Thornas.C Y Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs
Waddle Y Waldrep Y Walker.C Y Walker.L
Y Wall Ware
Y Watson Y Watts
White Y Wilder
Williams,B Williams,J
Y Williams.R Y Wilson YWood
Workman Y Yeargin Y Young
Murphy.Spkr

FRIDAY, FEBRUARY 28, 1986

1819

On the passage of the Bill, by substitute, the ayes were 146, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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, suspension, nonrenewal, demotion, or reprimand of public school teachers and professional employees, so as to provide that certain notices required in such procedures must be given by certified mail.

The following amendment was read and adopted:

The Committee on Education moves to amend SB 478 by striking from lines 23 through 25 of page 1 the following:
"All notices required by this part may shall be served either personally or by certified mail.",
and inserting in lieu thereof the following:
"All notices required by this part relating to suspension from duty may shall be served either personally or by certified mail. All notices required by this part relating to demotion or nonrenewal of contract shall be served by certified mail."
By inserting following "fourth" on line 8 of page 2 the following:
"or subsequent".

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 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 470. By Senator Dawkins of the 45th:
A bill to amend Article 5 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to contributions and payments in lieu of contributions under the "Employment Security Law," so as to authorize the Commissioner of Labor to waive interest payments where the delay in payment was attributable to the action or inaction of the Department of Labor.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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 1218. By Representatives Argo of the 68th, Couch of the 40th, Benefield of the 72nd and Lee of the 72nd:

1820

JOURNAL OF THE HOUSE,

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.

Representative Argo of the 68th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1218 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 Argo of the 68th, Martin of the 60th and Couch of the 40th.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

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 following Senate substitute was read:

A BILL
To amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, so as to change the compensation of the judges of the state court; to change the compensation of the solicitor; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, is amended by striking in its entirety subsection (c) of Section 13, which reads as follows:
"(c) Each of the judges shall be paid a salary of $48,000.00 per annum, payable monthly out of the treasury of Gwinnett County by the officers of said county authorized to pay out the funds of said county. The salary of such judges shall be an expense of said court.", and inserting in its place a new subsection (c) to read as follows:
(c) Each of the judges shall be paid an annual salary equal to the sum of 90 percent of the annual salary of a judge of superior court, as paid by the state, plus 90 percent of the annual amount of any supplement paid by the governing authority of Gwinnett County to a judge of the superior court. Such salary shall be payable in equal monthly installments out of the treasury of Gwinnett County by the officers of said county authorized to pay out the funds of said county. The salary of such judges shall be an expense of said court."
Section 2. Said Act is further amended by striking in its entirety subsection (c) of Section 14, which reads as follows:
"(c) The solicitor shall be paid an annual salary of $30,000.00, payable in equal monthly installments from Gwinnett County funds. The salary of the solicitor shall be

FRIDAY, FEBRUARY 28, 1986

1821

an expense of the court. Said salary shall be increased by 3 percent on January 1, 1982, and by an additional 3 percent of the previous year's salary on January 1 of each year thereafter.", and inserting in its place a new subsection (c) to read as follows:
"(c) The solicitor shall be paid an annual salary equal to the sum of 90 percent of the annual salary of a district attorney, as paid by the state, plus 90 percent of the annual amount of any supplement paid by the governing authority of Gwinnett County to the district attorney of the Gwinnett Judicial Circuit. Such salary shall be payable in equal monthly installments out of the treasury of Gwinnett County by the officers of said county authorized to pay out the funds of the county. The salary of the solicitor shall be an expense of the court."
Section 3. This Act shall become effective on January 1, 1987.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Barnett of the 59th moved that the House disagree to the Senate substitute to HB 1858.
The motion prevailed.

HB 1324. By Representatives Dobbs of the 74th, Twiggs of the 4th, Post 2, 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.

The following Senate substitute was read:

A BILL
To amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of wills, so as to provide that 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 or the clerk of the probate court; to provide for all related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of wills, is amended by adding a new Article 4 to read as follows:
"ARTICLE 4
53-3-80. No acknowledgement of service in any proceeding relating to the probate of wills shall be valid unless it is attested by a notary public or the clerk of the probate court."
Section 2. This Act shall become effective July 1, 1986, and shall apply to acknowledgements filed for record on or after its effective date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Dobbs of the 74th moved that the House agree to the Senate substitute to HB 1324.
On the motion, the ayes were 91, nays 2.

1822

JOURNAL OF THE HOUSE,

The motion prevailed.

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

SB 328. By Senators Tolleson of the 32nd, Harrison of the 37th, Brantley of the 56th and others:
A bill to amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipal corporations pursuant to application of 60 percent of landowners and electors, so as to completely revise the provisions relating to annexation by certain municipalities having independent school systems within their corporate boundaries.

Representative Wilson of the 20th moved that the House insist on its position in substituting SB 328.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1538. By Representative Ware of the 77th:
A bill to amend Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, so as to extend the time of operation of the chapter.

Representative Ware of the 77th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1538 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 Ware of the 77th, Groover of the 99th and Auten of the 156th.

The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendment thereto:

HB 1662. By Representatives Ross of the 82nd, Murphy of the 18th, Lee of the 72nd, Post 1, 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 Annotated, relating to pupil transportation provisions of the "Quality Basic Education Act," so as to change the provisions relative to the minimum salary for school bus drivers.

The following Senate amendment was read: Amend HB 1662 by striking from line 18 on page 1 the following:

"386.50",

FRIDAY, FEBRUARY 28, 1986

1823

and inserting in lieu thereof the following: "402.00".

Representative Ross of the 82nd moved that the House agree to the Senate amendment to HB 1662.
On the motion, the ayes were 93, nays 0.
The motion prevailed.

HB 1352. By Representative Selman of the 32nd:
A bill to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to provide that a living will shall be 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.

The following Senate substitute was read:

A BILL
To amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to provide that a living will shall be 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; to provide for other matters related to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, is amended by striking the introductory language in subsection (b) of Code Section 31-32-3, relating to the execution, number of witnesses, and form of a living will, in its entirety and substituting in lieu thereof new introductory language in subsection (b) to read as follows:
"(b) The declaration shall be a document, separate and self-contained, and in substantially the following form:".
Section 2. Said chapter is further amended by striking Code Section 31-32-6, relating to the period of effectiveness of a living will, in its entirety and substituting in lieu thereof a new Code Section 31-32-6 to read as follows:
"31-32-6. A living will shall be effective for a period ef seven years from the date of execution thereof unless sooner revoked in a manner prescribed in Code Section 31-32-5. IT tifrc Qcciflpflnt of dft unpcvoKfid living will becomes incspflDie of cowiiHuriicflting with tftc sttenoing pnysicifln, tftc living will snsil femflwi m eiiec* ucyonti such seven yeflr period until saeh time as the declarant is aWe to communicate witn the attending physician? Nothing in this chapter shall be construed to prevent a declarant from recxecuting a living wiH at any time in accordance with the formalities ef Code Sections 31-32-3 and ol-uJ 4. IT tne declarant nas executed more tnan one living will, sucn seven-year period snail we determined trom tnc date of execution of tnc last living will Known ^o tnc attending physician."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Selman of the 32nd moved that the House agree to the Senate substitute to HB 1352.
On the motion, the roll call was ordered and the vote was as follows:

1824

JOURNAL OF THE HOUSE,

Y Aaron Adams.G
Y Adams.M Aiken Alford
N Alien N Anderson
Argo Y Athon Y Atkins
Ail ten Y Bailey N Balkcom Y Bannister Y Bargeron Y Barnett.B
Y Barnett.M Beck Benefield
YBenn Birdsong Bishop
N Bolster Y Bostick Y Branch
Bray Y Brooks N Brown.G YBuck
Burruss YByrd Y Carter
Chambless Y Chance Y Cheeks N Childers

N Childs N Clark.B Y Clark.L Y Colbert N Coleman N Cohvell , Y Connell N Cooper N Copelan Y Couch YCox N Crawford Y Crosby Y Cummings
Daugherty Davis Dean Y Dixon Y Dobbs Y Dover N Dunn Y Edwards Y Felton Y Floyd N Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer N Groover N Hamilton Manner N Harris Y Hasty YHays

Heard YHill N Holcomb N Holmes Y Hooks N Home
Hudson Y Isakson N Jackson,J Y Jackson.N N Jamieson Y Johnson.D N Johnson,F Y Johnson.R Y Johnson.S N Kilgore
Kingston Y Lane.D Y Lane.R N Lawler N Lawrence N Lawson Y Lee,C N Lee.W Y Linder Y Logan YLong YLord
Lucas Y Lupton Y Maddox N Mangum
Martin.C Y Martin,J
Matthews Y McDonald

Y McKelvey McKinney Milam
N Milford Moody Moore
Y Morton Y Mostiler
Moultrie Y Mueller N Oliver.C N Padgett Y Pannell
Parham N Parrish
Patten Y Peters
Pettit Y Phillips N Pinkston N Porter Y Rainey Y Ramsey.T Y Ramsey.V N Randall N Ransom NRay Y Reaves N Redding Y Richardson Y Robinson.C N Robinson.P
Ross Y Royal Y Russell Y Selman

Y Shepard N Sherrod Y Sinkfield
Sizemore N Smith.L Y Smith,? N Smith.T
Smyre YSnow N Stancil Y Steinberg N Thomas.C Y Thomas.M N Thompson Y Townsend Y Triplet!
Twiggs Waddle N Waldrep Walker.C N Walker.L Y Wall Ware Watson N Watts White Wilder Williams.B Williams,J Williams.R N Wilson N Wood Y Workman Yeargin Young Murphy ,Spkr

On the motion, the ayes were 82, nays 52. The motion was lost and the House disagreed to the Senate substitute to HB 1352.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 851. By Representatives Coleman of the 118th, Rainey of the 135th, Phillips of the 120th and Triplett of the 128th:
A resolution creating the Public Fishing Areas Near Developmental Highways Study Committee.

HR 852. By Representative Pannell of the 122nd:
A resolution creating the Economic Development Through Historic Preservation Study Committee.

HR 853. By Representative Smith of the 152nd:
A resolution designating the Georgia Walk of Fame in the City of Blackshear as the official state walk of fame.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time:

FRIDAY, FEBRUARY 28, 1986

1825

SB 539. By Senator Foster of the 50th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms for superior courts, so as to change the terms for the superior courts of the Mountain 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 ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SR 281. By Senators Reddish of the 6th, Albert of the 23rd and Scott of the 2nd:
A resolution encouraging the development of programs and services for handicapped preschool age children in all Georgia communities.

The following amendment was read and adopted:

The Committee on Health and Ecology moves to amend SR 281 by striking lines 9 and 10 of page 2 and inserting a period at the end of the sentence which ends on line

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 117, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 380. By Senators Harrison of the 37th, Tolleson of the 32nd and Brantley of the 56th:
A bill to amend Code Section 36-36-22.1 of the Official Code of Georgia Annotated, relating to limitations on certain municipalities to annex property pursuant to application by 60 percent of landowners and electors, so as to change the provisions relative to such limitations on such municipalities.
The following Committee substitute was read and withdrawn:
A BILL
To amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipal corporations pursuant to application of 60 percent of landowners and electors, so as to completely revise the provisions relating to

1826

JOURNAL OF THE HOUSE,

annexation by certain municipalities having independent school systems within their corporate boundaries; to provide that certain municipalities may not annex territory pursuant to such article until such time as specified conditions are met; to provide for certain other limitations on such annexation; to provide for other matters relative to the foregoing; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipal corporations pursuant to application of 60 percent of landowners and electors, is amended by striking Code Section 36-36-22.1, which reads as follows:
"36-36-22.1. (a) As used in the Code section, the term: (1) 'Assessed valuation of property per pupil in average daily attendance' means
the amount determined by dividing the number of pupils in average daily attendance of a school system into the then current equalized adjusted school property tax digest, as defined in paragraph (3) of this subsection, of the school system.
(2) 'Average daily attendance' means average daily attendance of pupils in a county or independent school system determined from official reports of attendance provided for in Code Section 20-2-226.
(3) 'Equalized adjusted school property tax digest' means 40 percent of the equalized adjusted school property tax digest for each county and independent school system prepared by the state auditor pursuant to Code Section 48-5-274.
(4) 'Municipality' means a municipality as defined in Code Section 36-36-20 which: (A) Has within its corporate boundaries an independent school system with an
average daily attendance exceeding 3,000 at the time of the adoption of an annexing ordinance as provided in Code Section 36-36-27;
(B) Is located within a county in which the county school system of such county has an average daily attendance exceeding 45,000 at the time of the adoption by the municipality of an annexing ordinance as provided in Code Section 36-36-27; and
(C) Has an assessed valuation of property per pupil in average daily attendance which exceeds by 40 percent or more the assessed valuation of property per pupil in average daily attendance of the county school system of the county wherein the municipality is located, with such calculations being based on the time of the adoption of an annexing ordinance by the municipality as provided in Code Section 36-36-27. (5) 'Residential property' means improved property used exclusively for single or multifamily dwellings and unimproved property which is zoned exclusively for either single family or multifamily dwellings. (b) Any other provisions of this article to the contrary notwithstanding, except as otherwise provided by subsection (c) of this Code section, during any calendar year, beginning with calendar year 1984, the total territory annexed by a municipality, excluding residential property, pursuant to the authority of this article shall not decrease the equalized adjusted school property tax digest of the county school system of the county wherein the municipality is located by more than 2 percent of the net increase in the equalized adjusted school property tax digest of such county school system which occurred during the immediately preceding calendar year, beginning with calendar year 1983. If there is no net increase in the equalized adjusted school property tax digest of such county school system during any calendar year, then the municipality shall not be authorized to annex any territory, other than residential property, pursuant to the authority of this article at any time during the immediately following calendar year. (c) If the value of the total territory actually annexed by a municipality during a calendar year, excluding the value of residential property annexed during the calendar year, is less than the value of territory which could have been annexed within the limitation provided by subsection (b) of this Code section during that calendar year, then for the immediately following calendar year only, the limitation otherwise applicable under subsection (b) of this Code section shall be increased by the difference between the

FRIDAY, FEBRUARY 28, 1986

1827

value of the property which could have been annexed and the value of the property actually annexed during the calendar year.", in its entirety and substituting in lieu thereof a new Code Section 36-36-22.1 to read as follows:
"36-36-22.1. (a) As used in this Code section, the term: (1) 'County' means a county having a municipality, as defined by paragraph (6) of
this subsection, lying wholly within its boundaries. (2) 'County school district' means the county school district of a county defined
by paragraph (1) of this subsection. (3) 'FTE count' means the full-time equivalent program count for a school system
which is used to compute the funds needed to finance the school system's program for the ensuing year as such term is described in subsection (b) of Code Section 20-2-160 of the 'Quality Basic Education Act.'
(4) 'Gross tax digest of a county or municipality' means the most recent actual gross tax digest for either such political subdivision as approved by the state revenue commissioner pursuant to the provisions of Code Section 48-5-271.
(5) 'Gross tax digest of a county school district' means the gross tax digest of the county reduced by the amount of the gross tax digest of a municipality.
(6) 'Municipality' means any municipal corporation which: (A) Has within its corporate boundaries an independent school system which
had an FTE count exceeding 3,000 for the fiscal school year immediately preceding the adoption of an annexing ordinance as provided in Code Section 36-36-27; and
(B) Is located within a county in which the county school system of such county had an FTE count exceeding 45,000 for the fiscal school year immediately preceding the adoption by the municipality of an annexing ordinance as provided in Code Section 36-36-27. (7) 'Population' means population as shown on the most recent 'Local Population Estimates' published by the United States Department of Commerce, Bureau of the Census. (8) 'Taxable property per county school district resident' means the amount determined by dividing the population of the county school district into the gross tax digest of the county school district. (9) 'Taxable property per municipal resident' means the amount determined by dividing the population of the municipality into the gross tax digest of the municipality. (b) (1) No municipality shall be authorized to annex any territory pursuant to the authority of this article until July 1, 1991. (2) On and after July 1, 1991, no municipality shall be authorized to annex any territory pursuant to the authority of this article until such time as the amount of taxable property per municipal resident does not exceed the amount of taxable property per county school district resident. (c) During any calendar year immediately following a calendar year when the amount of taxable property per county school district resident exceeded the amount of taxable property per municipal resident, a municipality may annex territory pursuant to this article, provided that the total annexation during such calendar year may not cause the amount of taxable property per municipal resident to exceed the amount of taxable property per county school district resident. (d) Effective July 1, 1991, this Code section shall stand repealed in its entirety."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Burruss et al, was read and adopted:
A BILL
To amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipal corporations pursuant to application of 60 percent of landowners and electors, so as to completely revise the provisions relating to

1828

JOURNAL OP THE HOUSE,

annexation by certain municipalities having independent school systems within their corporate boundaries; to provide that certain municipalities may not annex territory pursuant to such article until after a certain date; to provide for definitions in connection therewith; to provide for other matters relative to the foregoing; to provide for automatic repeal on a certain date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipal corporations pursuant to application of 60 percent of landowners and electors, is amended by striking Code Section 36-36-22.1, which reads as follows:
"36-36-22.1. (a) As used in the Code section, the term: (1) 'Assessed valuation of property per pupil in average daily attendance' means
the amount determined by dividing the number of pupils in average daily attendance of a school system into the then current equalized adjusted school property tax digest, as defined in paragraph (3) of this subsection, of the school system.
(2) 'Average daily attendance' means average daily attendance of pupils in a county or independent school system determined from official reports of attendance provided for in Code Section 20-2-226.
(3) 'Equalized adjusted school property tax digest' means 40 percent of the equalized adjusted school property tax digest for each county and independent school system prepared by the state auditor pursuant to Code Section 48-5-274.
(4) 'Municipality' means a municipality as defined in Code Section 36-36-20 which: (A) Has within its corporate boundaries an independent school system with an
average daily attendance exceeding 3,000 at the time of the adoption of an annexing ordinance as provided in Code Section 36-36-27;
(B) Is located within a county in which the county school system of such county has an average daily attendance exceeding 45,000 at the time of the adoption by the municipality of an annexing ordinance as provided in Code Section 36-36-27; and
(C) Has an assessed valuation of property per pupil in average daily attendance which exceeds by 40 percent or more the assessed valuation of property per pupil in average daily attendance of the county school system of the county wherein the municipality is located, with such calculations being based on the time of the adoption of an annexing ordinance by the municipality as provided in Code Section 36-36-27.
(5) 'Residential property' means improved property used exclusively for single or multifamily dwellings and unimproved property which is zoned exclusively for either single family or multifamily dwellings. (b) Any other provisions of this article to the contrary notwithstanding, except as otherwise provided by subsection (c) of this Code section, during any calendar year, beginning with calendar year 1984, the total territory annexed by a municipality, excluding residential property, pursuant to the authority of this article shall not decrease the equalized adjusted school property tax digest of the county school system of the county wherein the municipality is located by more than 2 percent of the net increase in the equalized adjusted school property tax digest of such county school system which occurred during the immediately preceding calendar year, beginning with calendar year 1983. If there is no net increase in the equalized adjusted school property tax digest of such county school system during any calendar year, then the municipality shall not be authorized to annex any territory, other than residential property, pursuant to the authority of this article at any time during the immediately following calendar year. (c) If the value of the total territory actually annexed by a municipality during a calendar year, excluding the value of residential property annexed during the calendar year, is less than the value of territory which could have been annexed within the limitation provided by subsection (b) of this Code section during that calendar year, then for the immediately following calendar year only, the limitation otherwise applicable under subsection (b) of this Code section shall be increased by the difference between the

FRIDAY, FEBRUARY 28, 1986

1829

value of the property which could have been annexed and the value of the property actually annexed during the calendar year.", in its entirety and substituting in lieu thereof a new Code Section 36-36-22.1 to read as follows:
"36-36-22.1. (a) As used in this Code section, the term: (1) 'Assessed valuation per weighted FTE' has the meaning specified for such term
by paragraph (2) of subsection (a) of Code Section 20-2-165. (2) 'FTE count' means the full-time equivalent program count for a school system
which is used to compute the funds needed to finance the school system's program for the ensuing year as such term is described in subsection (b) of Code Section 20-2-160 of the 'Quality Basic Education Act.'
(3) 'Municipality' means any municipal corporation which: (A) Has within its corporate boundaries an independent school system which
had an FTE count exceeding 3,000 for the fiscal school year immediately preceding the adoption of an annexing ordinance as provided in Code Section 36-36-27;
(B) Is located within a county in which the county school system of such county had an FTE count exceeding 45,000 for the fiscal school year immediately preceding the adoption by the municipality of an annexing ordinance as provided in Code Section 36-36-27; and
(C) Had an assessed valuation per weighted FTE for the independent school system of the municipality which exceeded by more than 40 percent the assessed valuation per weighted FTE of the county school system of the county wherein the municipality is located for the fiscal school year immediately preceding the adoption by the municipality of an annexing ordinance as provided in Code Section 36-36-27. (b) No municipality shall be authorized to annex any territory pursuant to the authority of this article until July 1, 1991. (c) Effective July 1, 1991, this Code section shall stand repealed in its entirety."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 Annotated, relating to elementary and secondary education, so as to provide for sick leave for school food service personnel.

By unanimous consent, SB 438 was postponed until Saturday, March 1, 1986, immediately following the period of unanimous consents.

The following communication from the Honorable Max Cleland, Secretary of State, was received and read:

Secretary of State 214 State Capitol
Atlanta
30334
February 28, 1986

1830

JOURNAL OF THE HOUSE,

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 28, 1986, as of 3:00 p.m. this date. The list is numbered 611 through 616.
With best wishes, I am
Most sincerely, /s/ 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 611 through 616, who have registered in the Docket of Legislative Appearance as of February 28, 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 28th 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

611. Nat Welch Ga. Freight Bureau, Inc. 34 Peachtree Street Suite 2434, NBG Bldg. Atlanta, Georgia 30303
612. Guy Mosier Dupont - Biomedical Dept. 4948 Bridgeport Way Norcross, Georgia 30092
613. Ronald E. Ginsberg City of Pooler, Ga. P. 0. Box 10105 Savannah, Georgia 31412

614. Al McRay Al McRay & Co. 240 Peachtree Ctr. Atlanta, Georgia 30343
615. Cedric J. Beckles Tyler Distributors 240 Peachtree Center Atlanta, Georgia 30342
616. Maxwell O. Thompson Ga. Employers Assn. Spring Street at Walnut Macon, Georgia 31201

The following communication from His Excellency, Governor Joe Frank Harris, was received and read:

FRIDAY, FEBRUARY 28, 1986

1831

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 1259, ACT NO. 791 Date: FEBRUARY 27, 1986
Please be advised that Governor Harris has line item vetoed Section 77, Page 112 and Section 82, page 115 of House Bill 1259, Act No. 791. /cab Attachment

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.

1832

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Saturday, March 1, 1986

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Acting Speaker, Representative Lee of the 72nd.

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, and Assistant Clerk of the House of Representatives.

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 Bill of the House was introduced, read the first time and referred to the committee:

HB 2072. By Representatives Cooper of the 20th and Lawler of the 20th:
A bill to amend an Act providing a new charter for the City of Powder Springs, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

By unanimous consent, the following Bills of the House and Senate were read the second time:

HB 2063 HB 2064
HB 2065 HB 2066
HB 2067 HB 2068
HB 2069 HB 2070

HB 2071 SB 581
SB 591 SB 593
SB 595 SB 596
SB 597 SB 598

SATURDAY, MARCH 1, 1986

1833

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 2061 Do Pass SB 498 Do Pass SB 499 Do Pass SB 500 Do Pass SB 501 Do Pass SB 502 Do Pass SB 503 Do Pass
aSS

en

np

aSS

SB 5 Do

SB 511 DoPass

SB 512 DoPass

SB 513 DoPass

SB 514 Do Pass

SB 515 DoPass

SB 516 Do Pass

SB 518 Do Pass

SB 519 Do Pass SB 520 Do Pass SB 521 Do Pass SB 522 Do Pass SB 523 Do Pass SB 524 Do Pass SB 525 Do Pass
SB 526 DoPass SB 527 DoPass SB 528 DoPass
SB 529 DoPass SB 530 DoPass SB fi Do Pass, as Amended
SB 547 DoPass
SB 548 Do Pass SB 549 DoPass
SB 556 Do Pass SB 557 DoPass
SB 571 Do Pass SB 578 Do Pass

Respectfully submitted, /si 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 2061. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Lumpkin County during designated registration periods as provided in Code Section 40-2-20.1 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 498. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1966, p. 925), which relates to the authorization of the Board of Commissioners of Fulton County to operate landfills.

1834

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 499. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1939, p. 36) which relates to the authorization of enactment of laws to create a civil service system and commission for certain county employees and employees and deputies of county officers of Fulton 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.

SB 500. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1929, p. 135) which relates to the authorization of the governing authority of Fulton County to establish sewerage, water, and fire prevention systems and parks and to levy taxes in support of such services.

The report of the Committee, which was favorable to the passage of the Bill, was 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 501. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1982, p. 2647), which relates to the authorization of the General Assembly by legislation to treat real property in urban enterprise zones in Atlanta as a separate class of property for Atlanta and Fulton County tax purposes.

The report of the Committee, which was favorable to the passage of the Bill, was 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 502. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1982, p. 2645), which relates to the authorization of the General Assembly to provide by local law for the freeport exemption of inventory goods to be applied for purposes of

SATURDAY, MARCH 1, 1986

1835

county, county school district, and municipal taxes to urban enterprise zones established by 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.

SB 503. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1972, p. 1439), which relates to the authorization of the Board of Commissioners of Fulton County to maintain and operate detention facilities inside or outside the boundaries of the county for the confinement of all persons, including juveniles.

The report of the Committee, which was favorable to the passage of the Bill, was 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 504. By Senator Bond of the 39th:
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 authorization of the Board of Commissioners of Fulton County to divide the county into districts for the purpose of providing any or all services which the county is authorized to provide and to levy taxes or assessments to defray the cost of such services.

The report of the Committee, which was favorable to the passage of the Bill, was 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 505. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the provision that the judge of probate court, sheriff, clerk of the superior court, tax receiver, tax collector or county tax commissioner, and county treasurer of Fulton County shall be required to appoint a chief clerk, chief assistant, or chief deputy.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

1836

JOURNAL OF THE HOUSE,

SB 506. By Senator Bond of the 39th:
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 giving to the General Assembly powers relative to ad valorem taxation by Fulton County and the political subdivisions located wholly or in part in Fulton County, including the power to prescribe the date of tax assessments and levies.

The report of the Committee, which was favorable to the passage of the Bill, was 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 507. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1978, p. 2367), which relates to the granting of a $10,000.00 homestead exemption from county and county school district ad valorem taxes to each resident of Fulton County who is disabled or 65 years of age or older.

The report of the Committee, which was favorable to the passage of the Bill, was 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 508. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1982, p. 2504), which relates to the authorization of the Board of Commissioners of Fulton County to make grants not exceeding $5,000.00 to municipalities located in Fulton County for the conduct of recreational programs.

The report of the Committee, which was favorable to the passage of the Bill, was 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 509. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1979, p. 1797), which relates to the establishing of the Fulton County Industrial District and prohibits the board of commissioners from levying any tax for education purposes within the 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.

SATURDAY, MARCH 1, 1986

1837

SB 510. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1952, p. 514) which relates to the authorization for the General Assembly to provide the method of selection of the tax commissioner of Fulton County and to provide for the appointment of a chief deputy.

The report of the Committee, which was favorable to the passage of the Bill, was 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 511. By Senator Bond of the 39th:
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 authorization of the General Assembly to provide by general or local law all the powers, responsibilities, and limitations of the governing authority of Fulton County in the incorporated and unincorporated 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.

SB 512. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1969, p. 1154), which relates to the authorization of Fulton County to issue general obligation bonds for certain public improvements without the vote of 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.

SB 513. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1972, p. 1477), which relates to the authorization of Fulton County, with the consent of the city involved, to operate recreational programs in any city within the county having a population of 5,000 or less.

'The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

1838

JOURNAL OF THE HOUSE,

SB 514. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to the provision that for purposes of determining eligibility for homestead exemption from local county, city, and school ad valorem taxes in Fulton County a homestead shall include property held under an occupancy agreement as a stockholder of a nonprofit cooperative ownership housing corporation.

The report of the Committee, which was favorable to the passage of the Bill, was 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 515. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1950, p. 453) which relates to the provision that the county governing authority of Fulton County may spend county funds to support any institution within the county which is owned by the state or an agency 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 ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 516. By Senator Bond of the 39th:
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 authorization of the inclusion in a civil service/merit system of Fulton County persons, other than elected officers, who are paid out of county funds, and prior extensions of coverage by 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.

SB 518. By Senator Bond of the 39th:
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 authorization of a levy of tax or assessment on real property in unincorporated areas of Fulton County for garbage disposal services and to divide such area into garbage disposal districts without regard to uniformity.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

SATURDAY, MARCH 1, 1986

1839

The Bill, having received the requisite constitutional majority, was passed.

SB 519. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1952, p. 591) which relates to the authorization for the General Assembly by local Act to provide a joint city-county board of tax assessors and a board of tax appeals and equalization in certain 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 520. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1976, p. 1880), which relates to the authorization of Fulton County to adopt ordinances for the unincorporated areas 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.

SB 521. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1943, p. 24) which relates to the empowering of the board of commissioners of Fulton County to spend funds not derived from taxation to advertise and promote the agricultural, industrial, historic, recreational and natural resources, facilities, and assets 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.

SB 522. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1964, p. 872) which relates to the abolition of the office of coroner in Fulton County and to create the office of medical examiner and prescribe the powers, duties and functions of such office.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

1840

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

SB 523. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1963, p. 693) which relates to the granting of full authority regarding street improvements in the unincorporated area of Fulton 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.

SB 524. By Senator Bond of the 39th:
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 authorization of Fulton County to conduct recreational programs in cities of not more than 5,000 persons provided the city contributes one-half of the cost of such programs and provided that the cost to Fulton County does not exceed $5,000.00 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.

SB 525. By Senator Bond of the 39th:
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 authorization of requiring or permitting the tax receiver, tax collector, or tax commissioner of Fulton County to receive the returns and collect taxes due to the City of Atlanta and to permit the retention of a percentage of such collections.

The report of the Committee, which was favorable to the passage of the Bill, was 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 526. By Senator Bond of the 39th:
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 authorization of certain employees whose wages are paid wholly or partially out of funds of Fulton County to participate in the pension system established for county employees.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

SATURDAY, MARCH 1, 1986

1841

On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 527. By Senator Bond of the 39th:
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 authorization of the Board of Commissioners to increase retirement benefits of retirees of any system wholly or partially supported by funds of the county, such increases may be paid only from general county funds and not from the funds of the Fulton County Teachers' Retirement Fund.

The report of the Committee, which was favorable to the passage of the Bill, was 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 528. By Senator Bond of the 39th:
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 authorization of the Board of Commissioners of Fulton County to establish no more than two branch offices for the conduct of county business and authorizes the board of education to establish branch offices for the conduct of official business on education 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.

SB 529. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1966, p. 909), which relates to the authorization of Fulton County to levy and collect business license tax in the unincorporated 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.

SB 530. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1964, p. 891), which relates to the authorization of Fulton County to cooperate with the City of Atlanta to construct a stadium and to contract with the city for the purpose of retiring the financial obligations.

1842

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 531. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1968, p. 1571), which relates to the authorization of Fulton County to indemnity the tax commissioner for uncollectible checks for automobile license tags.

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs moves to amend SB 531 by striking on Page 1, lines 4 and 11, the word "indemnity" and inserting in lieu thereof the word "indemnify".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 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.

The report of the Committee, which was favorable to the passage of the Bill, was 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 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.

The report of the Committee, which was favorable to the passage of the Bill, was 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 549. By Senators Barnes of the 33rd, Harrison of the 37th and Tolleson of the 32nd:

SATURDAY, MARCH 1, 1986

1843

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 Education without the necessity of 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.

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.

The report of the Committee, which was favorable to the passage of the Bill, was 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 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.

The report of the Committee, which was favorable to the passage of the Bill, was 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 571. By Senator Foster of the 50th:
A bill to provide for a homestead exemption from all City of Clayton, Georgia, ad valorem taxes of $2,000.00 for all residents of said city and $4,000.00 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 578. By Senators Harrison of the 37th, Brantley of the 56th, Tolleson of the 32nd and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County

1844

JOURNAL OP THE HOUSE,

from the fee system to the salary system, so as to change the compensation of the judge and the clerk of the probate 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.

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 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.

HB 1685. By Representatives Childs of the 53rd, Williams of the 54th, Richardson of the 52nd, Williams of the 48th, Aaron of the 56th and others:
A bill to amend an Act creating the State Court of DeKalb County (formerly the Civil and Criminal Court of DeKalb County), so as to provide for the appointment of additional assistant solicitors of said court.

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.

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 superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the provisions relating to the compensation of the clerk of the superior court and the deputy clerk of the superior court.

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.

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

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the governing authority of DeKalb County to enter into certain contracts providing for garbage and solid waste collection and disposal.

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.

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).

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).

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).

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).

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.

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:

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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 abolishes the office of coroner in Cobb County and establishes in lieu thereof the office of county medical examiner (Res. Act No. 216).

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).

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.

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).

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).

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 obligations of any municipality lying wholly within- Cobb County whose charter is repealed (Res. Act No. 215).

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).

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:

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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 beverages and liquors sold within Cobb County and any municipality therein to the boards of education of the county or independent school district.

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.

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.

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 designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.

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.

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.

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 Development Authority and its powers and operations.

SB 585. By Senators Bond of the 39th, Scott of the 36th, Engram of the 34th 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 Atlanta, Fulton County, and DeKalb County, or either of them, to enter into contracts with each other, or with a Hospital Authority, without the necessity of an election and irrespective of the debt limitation provision of the Constitution.

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JOURNAL OF THE HOUSE,

SB 586. By Senators Bond of the 39th, Scott of the 36th, Engram of the 34th 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 issuance of revenue anticipation obligations by the City of Atlanta, Fulton County, or DeKalb County, to provide for funds for the construction of grandstands and stadiums or to provide funds to extend, repair, or improve such existing facilities.

SB 587. By Senator Coleman of the 1st:
A bill to amend an Act incorporating the City of Tybee Island, so as to provide certain additional powers for the mayor and council of said city.

SB 599. By Senator Howard of the 42nd:
A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, so as to provide for the application of certain laws of this state to the government of DeKalb County.

HB 1881. By Representatives Steinberg of the 46th, Athon of the 57th, Workman of the 51st, Alford of the 57th, Athon 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.

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.

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.

HB 1907. By Representatives Thompson of the 20th, Cooper of the 20th, Atkins of the 21st, Isakson of the 21st and Johnson of the 21st:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges of the state court.

HB 1913. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Tift County, so as to change the composition of that board and provide for commissioner districts therefor and elections therefrom; to provide for the powers, duties, and obligations of that board.

HB 1914. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act providing for the Tift County Board of Education, so as to provide for the composition of the Board of Education of Tift

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County and provide for education districts therefor and elections therefrom; to provide for the powers, duties, and obligations of that board.

HB 1915. By Representatives Sizemore of the 136th and Hudson of the 117th:
A bill to amend an Act placing the sheriff of Turner County on an annual salary in lieu of the fee system, so as to change the maximum compensation which can be granted to the sheriff.

HB 1916. By Representatives Sizemore of the 136th and Hudson of the 117th:
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 Turner County Development Authority.

HB 1925. By Representatives Alford of the 57th, Workman of the 51st, Athon of the 57th, Childs of the 53rd, Williams of the 48th and others:
A bill to repeal an Act providing that neither DeKalb County nor any incorporated municipality located within DeKalb County shall require any fireman to be on duty for more than 60 hours in seven consecutive days.

HB 1926. By Representatives Alford of the 57th, Workman of the 51st, Athon of the 57th, Childs of the 53rd, Williams of the 48th and others:
A bill to repeal an Act providing that neither DeKalb County nor any municipality located wholly within DeKalb County shall require a fireman to be on duty for more than an average of 56 hours per week computed over a period of 52 consecutive weeks.

HB 1929. By Representatives Thompson of the 20th, Aiken of the 21st, Cooper of the 20th, Johnson of the 21st, Isakson of the 21st and others:
A bill to amend an Act creating the State Court of Cobb County, so as to authorize additional assistant solicitors; to change the compensation of the solicitor, chief assistant solicitor, and the assistant solicitors.

HB 1935. By Representative Lawler of the 20th:
A bill to amend an Act reincorporating the City of Marietta, so as to deannex and exclude certain property from the corporate limits of the city.

HB 1943. By Representative Cummings of the 17th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Cedartown Development Authority (Res. Act No. 169).

HB 1964. 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 establishing a City Court in the County of Clarke, now known as the State Court of Clarke County, Georgia, so as to provide for compensation of the judge of said court.

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JOURNAL OF THE HOUSE,

HB 1970. By Representative Murphy of the 18th:
A bill to provide the commission retained by the Haralson County tax commissioner for collection of Haralson County school taxes shall be reduced to one-quarter of 1 percent; to provide that all school taxes collected in excess of said one-quarter of 1 percent commission shall be paid over to the Haralson County board of education in the manner provided by general law.

HB 1971. By Representative Patten of the 149th: A bill to create the Lakeland-Lanier County Charter Commission.

HB 1978. By Representatives Cummings of the 17th and Murphy of the 18th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Polk County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.

HB 1980. By Representatives Hill of the 83rd and Harris of the 84th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Columbia County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.

HB 1991. By Representative Reaves of the 147th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Brooks County Development Authority (Res. Act No. 64).

HB 1993. By Representative McDonald of the 12th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Jackson County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.

HB 1995. By Representative McDonald of the 12th: A bill to create the Jackson County Water and Sewerage Authority.

HB 1169. By Representative Groover of the 99th:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, 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.

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 Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to prohibit the operation of bathhouses in this state.

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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 multiples.

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 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.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:

HB 1946. By Representative Maddox of the 7th:
A bill to provide for the compensation of the coroner of Gordon 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 908. By Representative Daugherty of the 33rd:
A bill to amend Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to year's support for spouses and children for decedents' estates, so as to eliminate provisions for the determination of year's support by appraisers; to provide that an application for year's support shall contain a schedule of the property or a statement of the amount of money or both which the applicant proposes to have set aside as year's support.

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.

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 Annotated, 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.

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.

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JOURNAL OF THE HOUSE,

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.

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 Annotated, relating to the employment of inmates in the community, so as to provide 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.

HB 1686. By Representative Reaves of the 147th:
A bill to amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, so as to revise extensively the provisions relating to the Georgia Development Authority.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:

HB 1963. By Representatives Aiken of the 21st, Atkins of the 21st, Johnson of the 21st, Wilder of the 21st, Cooper of the 20th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the county supplement for the district attorney; to change the provisions relative to the compensation of the chief investigator and the other investigators.

HB 466. By Representative Banner of the 131st:
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.

HB 788. By Representative Bray of the 91st:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions in connection with employment by the State of Georgia, so as to change certain definitions; to define the term "interdepartmental transfer".

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 Annotated, 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 authorized to issue subpoenas to compel the production of any books, records, or papers.

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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 Annotated, relating to property insurance, so as to authorize certain surplus line insurers and certain corporate surety insurers to underwrite or guarantee certain homeowner warranty agreements.

The Senate insists on its substitutes to the following Bills of the House:

HB 850. By Representatives Chambless of the 133rd, Childers of the 15th, Phillips of the 120th, Watson of the 114th and Reaves of the 147th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the review of all proposed legislation newly regulating a business or a profession.

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 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 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.

HB 1246. By Representatives Watson of the 114th, Kilgore of the 42nd and Hooks of the 116th:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to change the provisions relating to 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.

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 Annotated, relating to the disclosure of financial interests by candidates for certain 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.

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 Annotated, relating to annual salaries and allowances of certain state officials, so as to change the salary of the state auditor.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

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JOURNAL OF THE HOUSE,

HB 840. By Representative Evans of the 84th:
A bill to amend Part 1 of Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances to secure debt and bills of sale, so as to provide for the method of cancellation of deeds to secure debt which apply to real property.

The President has appointed on the part of the Senate the following: Senators Baldwin of the 29th, Greene of the 26th and Dawkins of the 45th.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

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 President has appointed on the part of the Senate the following: Senators Deal of the 49th, Hine of the 52nd and Coleman of the 1st.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate and House:

SR 447. By Senators Harrison of the 37th, Tolleson of the 32nd, Brantley of the 56th and others:
A resolution creating the Cobb County Local Governments Study Committee.

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.

HR 470. By Representatives Hamilton of the 124th and Coleman of the 118th:
A resolution designating the headquarters of the Georgia Bureau of Investigation as the Phil Peters Building.

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.

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 Senate has agreed to the House substitute to the following Bill of the Senate:

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SB 484. By Senator Bond of the 39th:
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 founding of Morehouse College.

The Senate has agreed to the House amendments to the following Bills of the Senate:

SB 405. By Senator Kidd of the 25th:
A bill to amend Code Section 15-6-88 of the Official Code of Georgia Annotated, relating to minimum annual salaries for clerks of superior courts, so as to change the minimum annual salary.

SB 421. By Senators Turner of the 8th, Harris of the 27th, McKenzie of the 14th and others:
A bill to amend Code Section 44-1-14 of the Official Code of Georgia Annotated, relating to abatement of hazards from abandoned wells or holes, so as to change the conditions under which approval of owners or possessors of private property is required prior to abating certain hazards and to authorize a county to expend county funds for such abatement and recover costs of such abatement.

The Senate has passed by the requisite constitutional majority the following Bills of the House:

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 provide that teachers shall be allowed leave for the purpose of testifying in cases arising out of their duties as teachers.

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 experimentation and production and manufacture with respect to natural and synthetic fibers and materials.

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 Annotated, relating to professional fund raisers and professional solicitors, so as to change the amount of the registration fee required of a charitable organization; 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.

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.

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JOURNAL OF THE HOUSE,

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 of 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.

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.

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 property, so as to provide for a statement of intent to implement certain provisions 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.

HB 1610. By Representative Crosby of the 150th:
A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, known as "The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act," so as to change the provisions relating to out-of-state buyer's cards.

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 continue coverage under the state health benefit plan upon payment of the full cost of the premium.

HB 1748. By Representative Ware of the 77th:
A bill to amend Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to include health maintenance organizations within the definition of insurer; to provide that domestic corporations may apply to the Commissioner of Insurance for a certificate of authority to operate and establish a health maintenance organization.

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.

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1857

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.

HB 1999. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act creating a board of commissioners of Stephens County, so as to change the compensation of the chairman and members of the board.

The Senate has adopted the report of the Committee of Conference on the following Bill of the Senate:

SB 45. By Senators Bryant of the 3rd and Allgood of the 22nd:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to authorize the Department of Public Safety to disseminate certain information from its records to certain governmental agencies or units of this state and of the United States having legitimate governmental needs therefor.

The Senate has adopted by the requisite constitutional majority the following Resolution of the House:

HR 809. By Representative McDonald of the 12th:
A resolution designating the week of October 12 through 18, 1986, as Temporary Help Services Week in Georgia.

The Senate adheres to its disagreement to the House amendment to the Senate amendment and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the 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 Annotated, relating to the promulgation of certain rules and regulations of the Judicial Council, so as to require prior written notice of the intended adoption of such rules and regulations and provide for the invalidity of rules and regulations adopted without such notice and for proceedings relating thereto.

The President has appointed on the part of the Senate the following: Senators Howard of the 42nd, Peevy of the 48th and Deal of the 49th.

By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:

SB 585. By Senators Bond of the 39th, Scott of the 36th, Engram of the 34th and others:

1858

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 City of Atlanta, Fulton County, and DeKalb County, or either of them, to enter into contracts with each other, or with a Hospital Authority, without the necessity of an election and irrespective of the debt limitation provision of the Constitution.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 586. By Senators Bond of the 39th, Scott of the 36th, Engram of the 34th 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 issuance of revenue anticipation obligations by the City of Atlanta, Fulton County, or DeKalb County, to provide for funds for the construction of grandstands and stadiums or to provide funds to extend, repair, or improve such existing facilities.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 587. By Senator Coleman of the 1st:
A bill to amend an Act incorporating the City of Tybee Island, so as to provide certain additional powers for the mayor and council of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 599. By Senator Howard of the 42nd:
A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, so as to provide for the application of certain laws of this state to the government of DeKalb County.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 447. By Senators Harrison of the 37th, Tolleson of the 32nd, Brantley of the 56th and others:
A resolution creating the Cobb County Local Governments Study Committee.
Referred to the Committee on Rules.

The following Resolutions of the House were read and adopted:

HR 854. 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 commending Maggie Willis.

HR 855. By Representatives Greene of the 130th, Murphy of the 18th, Long of the 142nd, Connell of the 87th, Galer of the 97th and others:
A resolution commemorating the one hundredth anniversary of Coca-Cola.

HR 856. By Representatives Smith of the 78th, Moultrie of the 93rd, Jamieson of the llth, Copelan of the 106th, Parham of the 105th and others:

SATURDAY, MARCH 1, 1986

1859

A resolution commending Cameron Smoak.

HR 857. By Representative Smith of the 152nd:
A resolution commending Vicki Lee, Vicki Lynn and the New Cherokee Rose.

HR 858. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A resolution commending Shane Turner.

HR 859. By Representatives Bolster of the 30th, Martin of the 26th, Couch of the 40th, Richardson of the 52nd and Childs of the 53rd:
A resolution commending Dr. Charles Le Chasney.

HR 860. By Representatives Redding of the 50th, Mangum of the 57th, Alford of the 57th and Athon of the 57th:
A resolution commending Mr. Gregory T. Baranco.

HR 861. By Representative Dunn of the 73rd: A resolution commending James Wesley DeVan.

HR 862. By Representatives Colwell of the 4th, Twiggs of the 4th, Dover of the llth, Jackson of the 9th and Wood of the 9th:
A resolution expressing regret at the passing of Mr. Walter W. Woody.

HR 863. By Representative Chance of the 129th: A resolution in memory of Mrs. Edith Kieffer Anderson.

HR 864. By Representatives Childs of the 53rd, Williams of the 54th, Townsend of the 24th, Thompson of the 20th and Richardson of the 52nd:
A resolution commending the sponsors of Georgia's first Conference on Smoking or Health.

HR 865. By Representatives Dover of the llth, Jamieson of the llth, Colwell of the 4th, Twiggs of the 4th and Stancil of the 66th:
A resolution commending Kathleen Frankum.

HR 866. By Representatives Wilson of the 20th, Burruss of the 20th, Cooper of the 20th and Thompson of the 20th:
A resolution recognizing and honoring Peggy Dosser Benson.

HR 867. By Representatives Parham of the 105th and Copelan of the 106th:
A resolution commending the Honorable Culver Kidd, Senator from the 25th District, and recognizing the designation of the Culver Kidd Medical and Surgical Building.

1860

JOURNAL OF THE HOUSE,

HR 868. By Representatives Colwell of the 4th, Jackson of the 9th, Wood of the 9th, Lawson of the 9th, Harriett of the 10th and others:
A resolution expressing appreciation to Mr. Harry S. Melling and the Melling Tool Company.

HR 869. By Representatives Bishop of the 94th, Randall of the 101st, Daugherty of the 33rd, Pettit of the 19th, Johnson of the 21st and others:
A resolution commending Jacquelyn Harmon Saylor.

Representative Edwards of the 112th moved that the House do now adjourn until 10:00 o'clock, Monday morning and the motion prevailed.
Representative Lee of the 72nd announced the House adjourned until 10:00 o'clock, Monday morning.

MONDAY, MARCH 3, 1986

1861

Representative Hall, Atlanta, Georgia Monday, March 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:

Adams.M Aiken Alford Alien Anderson Argo Athon Atkins Auten Balkcom Bannister
Bargeron Barnett.B Beck Benn Birdsong Bolster Bostick Branch Bray Brooks
Brown.G Buck Burruss
Byrd Carter
Chambless Chance Cheeks Childers

Chitds Clark.B Clark.L Colbert Coleman Colwell Connell Cooper Copelan Couch
Cox Crawford Crosby Cummings Davis Dixon Dover Dunn Edwards Floyd Foster Galer Godbee
Greene
Greer Groover Hamilton Banner Harris Hasty

Hays Heard Hill Holcomb Holmes Hooks Hudson Isakson
Jackson,J Jamieson Johnson.D Johnson,S Kilgore Kingston Lane.D
Lane.R Lawler Lawrence Lawson
Lee.C Lee.W Under Logan Long Lord Lupton Maddox Mangum Martin,J McKelvey

McKinney Milam Milford
Moody Moore Morton Mostiler Moultrie Mueller Oliver.C Padgett Pannell Parham Parrish Patten Peters Pettit Porter Rainey Ramsey.T Ramsey.V Ransom Ray Reaves Richardson Ross
Royal Russell Selman Shepard

Sherrod Sinkfield Sizemore Smith.L Smith,P Smith.T Smyre Snow Stancil Steinberg Thomas,C Thomas.M Thompson Townsend Triplett Twiggs Waddle Waldrep Walker.C VVall Ware Watson w *+
Wilhams.B Williams,R Wood Yeargin

Prayer was offered by Dr. Nat H. Long, Pastor, St. James United Methodist 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.

1862

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bill of the House was introduced, read the first time and referred to the committee:

HB 2073. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Clayton 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.

By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:

HB 2072
SB 585 SB 586

SB 587
SB 599 SR 447

Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 573 Do Pass HR 638 Do Pass HR 656 Do Pass, by Substitute
Respectfully submitted, /s/ Lee of the 72nd
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR MONDAY, MARCH 3, 1986
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 38th Legislative Day as enumerated below:
HR 692 House Uniform School Starting Date Study Committee: Create
SB 56 Hospital Authority: Sale Or Lease Of Project: Referendum SB 164 Uniform Enforcement Of Foreign Judgements Law: Enact SB 267 Pharmacists: Continued Education: Licensing SB 292 Wholesale Representatives: Sales Contracts in Writing SB 313 Civil Practice: Juries: Chgs. & Instructions in Writing SB 317 Metro Rivers: Environmental Protection: Requirement SB 331 Motor Vehicle Cert, of Title: Transfer By Probate Judge SB 334 Bail Bonds: Terms and Duration SB 348 County Surveyors: Licensing SB 350 Fishing: Certain Species: Amend Provision For Taking

MONDAY, MARCH 3, 1986

1863

SB 377 SB 384 SB 406 SB 409 SB 419 SB 438 SB 445 SB 471 SB 475 SB 496 SB 536 SB 551 SB 562

Nuisances: Repair or Close Certain Buildings Insurance Companies: Liability Reports State Agencies: Rules/Reg.: General Assembly Override Asbestos License Board: Establish Sheriffs: Minimum Salaries School Food Service Personnel: Sick Leave (Postponed 3/3/86) Alimony: Permanent Judgements: Modifications Employment Security Law: Payment Disputes: Settlement Magistrates: Practice In Any Court: Certain Conditions Public Service Comm.: Cert. Debt Approval: Exemp. Mtr. Carriers Amusement Ride: Definition Traffic Citations: Failure To Respond: Reinstatement of Lie. Department of Transportation: Pilots: Age Requirement

SR 339 Dr. W. K. Smith Highway: Designate SR 436 John C. Beasley Bridge: Designate

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, Is/ Lee of the 72nd
Chairman

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

Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:

HB 1005. By Representatives Anderson of the 8th and Barnett of the 10th:
A bill to create a board of commissioners of Cherokee County consisting of three members elected from districts; to provide for the election and terms of office of the members of the board.

HB 1590. By Representatives Walker of the 85th, Brown of the 88th and Cheeks of the 89th:
A bill to amend an Act providing a charter for the City of Augusta, so as to abolish certain offices on the city council; to provide for continuation in office of the remaining members of council and provide for the election and terms of all successors thereafter.

HB 1607. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to grant exemptions from Henry County School District ad valorem taxation to certain elderly and disabled residents of Henry County; to provide the amount of and qualifications for said exemptions; to supersede and repeal that constitutional amendment relating to homestead exemptions from Henry County School District taxes which is set out at Ga. L. 1982, p. 2515.

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 exemption from City of Decatur ad valorem taxes for certain residents of said city,

1864

JOURNAL OF THE HOUSE,

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 independent school system of said city, for residents of said city who are 65 years of
age or over.

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 covered by any contract for group medical or hospitalization insurance plans otherwise provided by the authority for its director, its officers, and its employees.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

HB 1919. 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 for the compensation of the Coroner of Clarke County, so as to change the provisions regarding that compensation.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate:

SB 600. By Senator Reddish of the 6th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Charlton County, so as to change the compensation of the tax commissioner; to authorize the tax commissioner to retain certain fees.

SB 601. By Senator Bond of the 39th:
A bill to provide for the creation of one or more community improvement districts in Fulton County and in each municipality therein except the City of Atlanta.

SB 602. By Senators Harrison of the 37th, Brantley of the 56th, Tolleson of the 32nd and others:
A bill to amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner of Cobb County, so as to change the compensation of the chief clerk.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 600. By Senator Reddish of the 6th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Charlton County, so as to change the compensation of the tax commissioner; to authorize the tax commissioner to retain certain fees.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, MARCH 3, 1986

1865

SB 601. By Senator Bond of the 39th:
A bill to provide for the creation of one or more community improvement districts in Fulton County and in each municipality therein except the City of Atlanta.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 602. By Senators Harrison of the 37th, Brantley of the 56th, Tolleson of the 32nd and others:
A bill to amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner of Cobb County, so as to change the compensation of the chief clerk.
Referred to the Committee on State Planning & Community Affairs - Local.

The Speaker Pro Tern assumed the Chair.

Under the general order of business, established by the Committee on Rules, the following Resolution of the House was taken up for consideration and read the third time:

HR 692. By Representatives Kilgore of the 42nd, Ross of the 82nd, Mangum of the 57th, Moore of the 139th, Watson of the 114th and Hamilton of the 124th:

A RESOLUTION
Creating the House Uniform School Starting Date Study Committee; and for other purposes.
WHEREAS, Georgia has recognized the importance of an adequately funded public school system by the passage of the "Quality Basic Education Act"; and
WHEREAS, Georgia's second largest industry, hospitality and travel, added $9.5 billion in receipts in 1985 to the state's economy; and
WHEREAS, the state's 186 local school boards independently set their local school calendars starting as early as mid-August and ending as late as the second week in June; and
WHEREAS, such nonuniformity and protracted school calendars have effectively reduced the summer vacation market and the associated business and tax revenues in Georgia by as much as 33 '/s percent; and
WHEREAS, in nearly 60 percent of all families with school-age children, both parents work and the shortened summer vacation period caused by staggered school openings causes difficulties in planning family summer vacations; and
WHEREAS, many school systems starting in August experience higher energy costs and student absenteeism than those starting after Labor Day; and
WHEREAS, 54 percent of all new funds available to the state were invested in public education in the FY 1986-1987 state budget.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Uniform School Starting Date Study Committee. The committee shall consist of five members from the House of Representatives appointed by the Speaker of the House. These members shall be selected from the House Industry Committee and the House Education Committee. The chairman of the committee shall be appointed by the Speaker of the House.

1866

JOURNAL OF THE HOUSE,

BE IT FURTHER RESOLVED that the committee shall undertake a study of the problems mentioned above and any problems related thereto and recommend any appropriate measures which may be undertaken to alleviate such problems. The committee may conduct such meetings in the state at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of government. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, no later than December 31, 1986, at which time the committee shall stand abolished.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G Adams,M Aiken
Alford Alien Anderson YArgo Y Athon
Atkins Y Auten
Y Bailey Y Balkcom
Bannister Y Bargeron Y Barnett.B
Harriett,M YBeck
Benefield Benn Y Birdsong
Bishop Bolster Y Bostick Y Branch Bray Y Brooks Brown,G YBuck Y Burruss YByrd Y Carter Y Chambless Chance Y Cheeks
Y Childers

Childs Y Clark.B Y Clark.L
Colbert Y Coleman Y Colwell
Connell
Y Cooper Copelan
Y Couch YCox Y Crawford Y Crosby Y Cummings
Daugherty Davis Dean Y Dixon Dobbs Y Dover
Y Dunn Edwards
Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Greene
Greer Y Groover Y Hamilton
Hanner Y Harris Y Hasty YHays

Heard Hill 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
Kingston Y Lane.D Y Lane.R Y Lawler
Lawrence Y Lawson
Lee.C YLee.W
Linder
Y Logan Long Lord
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 Y Moore
Morton Y Mostiler Y Moultrie
Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Peters
Y Pettit Y Phillips
Pinkston Y Porter
Rainey Y Ramsey.T
Ramsey.V Randall
Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P
YRoss Y Royal Y Russell Y Selman

Shepard Sherrod Y Sinkfield Y Sizemore Smith.L Y Smith.P Y Smith.T
Smyre YSnow Y Stancil Y Steinberg
Thomas.C Y Thomas,M Y Thompson
Townsend Y Triplett Y Twiggs
Waddle Y Waldrep
Walker.C Walker,L Wall Ware Y Watson Y Watte White Wilder 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, the ayes were 115, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Morton of the 47th and Alien of the 127th stated that they had been called from the floor of the House during the preceding roll call. They wished to vote "aye" thereon.

Representative Lee of the 70th stated that she had been called from the floor of the House during the preceding roll call. She wished to vote "aye" thereon.

MONDAY, MARCH 3, 1986

1867

The following Resolutions of the House were read and adopted:

HR 870. By Representatives Snow of the 1st, Crawford of the 5th and Hays of the 1st:
A resolution commending Sheriff Ralph Jones and inviting him to appear before the House of Representatives.

HR 871. By Representatives Aiken of the 21st, Bolster of the 30th, Wood of the 9th, Greer of the 39th and Foster of the 6th:
A resolution congratulating President Corazon. Aquino of the Philippine Islands.

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 850. By Representatives Chambless of the 133rd, Childers of the 15th, Phillips of the 120th, Watson of the 114th and Reaves of the 147th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the review of all proposed legislation newly regulating a business or a profession.

Representative Chambless of the 133rd moved that the House insist on its position in disagreeing to the Senate substitute to HB 850 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 Chambless of the 133rd, Childers of the 15th and Parham of the 105th.

The Speaker assumed the Chair.

Representative Royal of the 144th arose to a point of personal privilege and addressed the House.

Representative Thompson of the 20th arose to a point of personal privilege and addressed the House.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 348. By Senator Cobb of the 28th:
A bill to amend Code Section 36-7-2 of the Official Code of Georgia Annotated, relating to the election, qualifications, commissioning, and removal of county surveyors, so as to prohibit county surveyors who are not licensed by the State Board of Registration for Professional Engineers and Land Surveyors from engaging in the private practice of professional land surveying.

1868

JOURNAL OF THE HOUSE,

The following amendments were read and adopted:

The Committee on Industry moves to amend SB 348 by inserting on line 7 of page 1 between "surveying;" and "to" the following:
"to provide exceptions;".
By inserting on line 22 of page 1 between "surveying" and the period the following:
"; provided, however, that this subsection shall not apply to any county surveyor duly elected and holding office on June 30, 1986, so long as said person continues to hold the office of county surveyor".

Representatives Byrd of the 153rd, Murphy of the 18th, Dunn of the 73rd, Moody of the 153rd, and Smith of the 152nd move to amend SB 348 by inserting after the word and symbol "surveying;" in line 7 on page 1 the following:
"to allow certain county surveyors to qualify for certification and licensing;".
By adding after the word "surveying" in line 22 on page 1 the following:
"; provided, however, that any county surveyor who possesses a bachelor's degree and who has a minimum of four years of surveying experience shall be eligible to take the land surveyor examination and eligible for certification as a land surveyor".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron
Adams,G Y Adams.M Y 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 YBeck Y Benefield
Benn
Birdsong Y Bishop
Y Bolster Y Bostick Y Branch YBray
Y Brooks Brown.G
YBuck Y Burruss YByrd N Carter Y Chambless
Y Chance Y Cheeks
Y Childers

Childs Y Clark,B Y Clark,L Y Colbert Y Coleman Y Colwell Y Connell
Cooper
Y Copelan Y Couch
Cox
Y Crawford Y Crosby Y Cummings
Daugherty Y Davis
Dean Y Dixon Y Dobbs Y Dover
Y Dunn Y Edwards Y 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 Jackson.N
Y Jamieson Y Johnson,D Y Johnson,F Y Johnson.R Y Johnson.S Y Kilgore Y Kingston Y Lane,D Y Lane.R
Lawler Y Lawrence Y Lawson YLee.C YLee.W
Linder YLogan YLong 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 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 N Phillips
Pinkston
Y Porter Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom YRay Y Reaves Y Redding
Richardson Robinson.C Y Robinson,? NRoss N Royal
Y Russell Y Selman

N Shepard
Y Sherrod Y Sinkfleld Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smyre YSnow Y Stancil
Stein berg 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
Williams,J Y Williams.R
Wilson Wood Y Workman Y Yeargin
Young
Murphy,Spkr

MONDAY, MARCH 3, 1986

1869

On the passage of the Bill, as amended, the ayes were 145, nays 5.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 350. By Senators Allgood of the 22nd and Gillis of the 20th:
A bill to amend Code Section 27-4-5 of the Official Code of Georgia Annotated, relating to methods for taking fish generally, so as to add threadfin shad and blueback herring as species that may be taken by dip net and to add cast nets as a means for taking certain species of fish.

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
Beck
Y Benefield YBenn
Birdsong Y 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 Childers

Childs Y 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
Dean
Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer
Y Godbee Y Goodwin
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
Jackson,N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane,D
Y Lane.R Lawler
Y Lawrence Y Lawson YLee.C Y Lee.W
Linder Y Logan YLong YLord Y Lucas Y Lupton Y Maddox
Y Mangum Y Martin.C
Y Martin,J Matthews 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 Y Parham
Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom
YRay Y Reaves Y Redding
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 Smith.T
Y Smyre YSnow Y Stancil
Stein berg 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
Williams,J Williams.R Wilson Y Wood Y Workman Y Yeargin Young Murphy.Spkr

On the passage of the Bill, the ayes were 145, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 406. By Senator Kidd of the 25th:
A bill to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules pursuant to the "Georgia Administrative Procedure Act," so as to change the procedures relating to the overriding of rules of agencies; to authorize either branch of the General Assembly to override a rule of an agency.

1870

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 Adams.G
Y Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo
Athon Y Atkins YAuten Y Bailey
YBalkcom Y Bannister
Y Bargeron Y Barnett.B
Y Barnett.M YBeck Y Benefield
Benn Birdsong Y Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Y Brown,G
YBuck Y Burruss
YByrd Y Carter Y Chambleas 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 YCoi 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 YGodbee
Y Goodwin Y Greene YGreer
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 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 YLee.W Y Linder Y Logan YLong YLord
Lucas Y Lupton
Maddox Y Mangum Y Martin,C Y Martin,J
Matthews Y McDonald

Y McKelvey McKinney Milam
Y Milford
Y Moody Y Moore Y Morion Y Mostiler Y Moultrie Y 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 Y Ramsey.V
Randall Ransom YRay Y Reaves Y Redding Richardson Y Robinson,C 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 Y Smyre YSnow Y Stancil Y Steinberg
Y Thomas.C Y Thomas.M
Thompson Y Townsend Y Triplett YTwiggs
Waddle Y Waldrep Y 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
Workman Y Yeargin
Young
Murphy,Spkr

On the passage of the Bill, the ayes were 151, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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

HB 1552. By Representatives Alien of the 127th, Pannell of the 122nd, Hamilton of the 124th, Johnson of the 123rd and Triplett of the 128th:
A bill to provide for the compensation of certain officials and judicial officers in Chatham County; to provide procedures for changing such compensation.

The following Senate substitute was read:

A BILL
To provide for the compensation of certain public officials and judicial officers in Chatham County; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Each officer and official of Chatham County listed below shall receive a salary fixed by the governing authority of such county, provided that said salary for each officer shall be not less than the salary set forth as follows:

MONDAY, MARCH 3, 1986

1871

Tax commissioner ...................................................................... ......$ 39,500.00 per annum Sheriff.................................................................................................. 42,800.00 per annum Clerk of the superior court............................................................... 32,800.00 per annum Clerk of the state court..................................................................... 30,000.00 per annum Clerk of the probate court................................................................ 26,000.00 per annum Judge of the recorder's court........................................................... 57,000.00 per annum Judge of the probate court............................................................... 44,000.00 per annum Judge of the juvenile court.............................................................. 42,000.00 per annum Judge of the state court.................................................................... 60,000.00 per annum Chief magistrate of the magistrate court....................................... 38,000.00 per annum Coroner................................................................................................ 8,200.00 per annum

Section 2. Each official of Chatham County listed below shall receive a salary fixed by the governing authority of such county, provided that said salary for each officer shall not exceed the salary set forth as follows:
Chairman of the Board of Commissioners.....................................$ 17,000.00 per annum
Members of the Board of Commissioners...................................... 8,200.00 per annum

Section 3. The salaries provided in Section 1 and Section 2 of this Act shall be paid in equal monthly installments from the funds of Chatham County.
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.

Representative Alien of the 127th moved that the House agree to the Senate substitute to HB 1552.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 419. By Senator Kidd of the 25th:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to change the minimum annual salaries of the sheriffs; to change certain provisions relating to population classifications; to change the provisions relating to additional salary for sheriffs who perform duties for other courts.

The following amendment was read and lost:

Representative Peters of the 2nd moves to amend SB 419 by striking from lines 5 through 7 of page 1 the following:

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"to change the provisions relating to additional salary for sheriffs who perform duties for other courts;",
and inserting in lieu thereof the following:
"to repeal the provisions relating to additional salary for sheriffs who perform duties for other courts;".
By striking lines 3 through 16 on page 3, which read as follows:
"Section 2. Said chapter is further amended by striking Code Section 15-16-20.1 in its entirety and inserting in lieu thereof a new Code Section 15-16-20.1 to read as follows:
'15-16-20.1. In addition to the minimum salary provided in Code Section 15-16-20, the sheriff of any county who performs the duties of a sheriff for a state court, probate court, or magistrate court2 juvenile court, or recorder's court under any applicable general or local law of this state shall receive for his services in such court or courts a salary of not less than $200.00 per month, to be paid from the funds of the county. A sheriff who serves in more than one such court shall receive only one such salary.'",
and inserting in lieu thereof the following:
"Section 2. Said chapter is further amended by striking Code Section 15-16-20.1, which reads as follows:
'15-16-20.1. In addition to the minimum salary provided in Code Section 15-16-20, the sheriff of any county who performs the duties of a sheriff for a state court, probate court, or magistrate court under any applicable general or local law of this state shall receive for his services in such court or courts a salary of not less than $200.00 per month, to be paid from the funds of the county. A sheriff who serves in more than one such court shall receive only one such salary.', in its entirety."

An amendment, offered by Representative Hudson of the 117th, was read and withdrawn.

An amendment, offered by Representative Coleman of the 118th, was read and withdrawn.

Representative Peters of the 2nd moved that the House reconsider its action in failing to adopt the Peters amendment.

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

N Aaron Adams.G
N Adams.M Y Aiken
N Alford Y Alien Y Andersen Y Argo N Athon Y Atkins
Y Auten Y Bailey Y Balkcom
Bannister Bargeron NBarnett,B YBarnett,M
N Beck Y Benefield
Benn

N Birdsong Bishop Bolster
Y Bostick
N Branch Y Bray Y Brooks Y Brown.G N Buck
Burruss
N Byrd Y Carter
Chambless
Y Chance Y Cheeks Y Childers Y Childs
Y Clark.B N Clark.L N Colbert

Y Coleman Colwell Connell Cooper
Copelan Y Couch
Cox N Crawford Y Crosby Y Cummings
Daugherty Y Davis
Dean
Y Dixon Y Dobbs Y Dover N Dunn
N Edwards Y Felton N Floyd

Y Foster N Galer N Godbee Y Goodwin
N Greene Y Greer
Groover Y Hamilton N Manner N Harris
Y Hasty Y Hays N Heard
Y Hill Y Holcomb Y Holmes Y Hooks
Y Home Y Hudson Y Isakson

Y Jackson,J N Jackson.N Y Jamieson Y Johnson,D
Y Johnson.F Y Johnson.R Y Johnson,S N Kilgore Y Kingston Y Lane.D
Y Lane,R Y Lawler Y Lawrence
N Lawson N Lee.C Y Lee.W Y Linder
Y Logan N Long
Lord

MONDAY, MARCH 3, 1986

N Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J
Matthews N McDonald Y McKelvey N McKinney
Milam N Milford N Moody Y Moore Y Morton N Mostiler

N Moultrie Y Mueller N Oliver.C N Padgett
Pannell Y Parham N Parrish Y Patten Y Peters N Pettit N Phillips
Pinkston Y Porter Y Rainey N Ramsey.T
Ramsey.V

Randall Y Ransom NRay Y Reaves
Redding Y Richardson
Robinson,C N Robinson,P YRoss N Royal Y Russell Y Selman Y Shepard Y Sherrod
Sinkfield Y Sizemore

Y Smith,L Y Smith,P N Smith.T
N Smyre NSnow Y Stancil N Steinberg N Thomas.C Y Thomas,M N Thompson Y Townsend N Triplett Y Twiggs Y Waddle N Waldrep N Walker.C

On the motion, the ayes were 95, nays 57. The motion prevailed.

1873
N Walker,L Y Wall
Ware N Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J Y Williams,R N Wilson Y Wood Y Workman N Yeargin N Young
Murphy,Spkr

The Peters amendment was again read.

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

N Aaron Adams.G
N Adams.M N Aiken N Alford N Alien N Anderson N Argo N Athon N Atkins Y Auten N Bailey
N Balkcom Y Bannister
Bargeron N Barnett.B N Barnett.M N Beck N Benefield
Benn N Birdsong N Bishop N Bolster N Bostick N Branch
NBray N Brooks N Brown.G NBuck
Burruss NByrd N Carter
Chambless Y Chance N Cheeks Y Childers

Y Childs N Clark.B N Clark.L N Colbert N Coleman
Colwell
N Connell Cooper
N Copelan N Couch NCox N Crawford N Crosby N Cummings
Daugherty Y Davis
Dean N Dixon N Dobbs N Dover N Dunn N Edwards Y Felton N Floyd
N Foster N Galer NGodbee Y Goodwin N Greene Y Greer N Groover N Hamilton N Manner N Harris N Hasty
Hays

N Heard YHill N Holcomb Y Holmes Y Hooks NHorne N Hudson N Isakson N Jackson ,J N Jackson.N Y Jamieson N Johnson.D N Johnson.F
N Johnson.R Y Johnson.S
N Kilgore Y Kingston N Lane.D N Lane.R N Lawler Y Lawrence N Lawson N Lee.C NLee.W N Linder N Logan
NLong NLord N Lucas
Lupton N Maddox N Mangum N Martin.C N Martin.J
Matthews N McDonald

Y McKelvey N 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 Y Peters N Pettit N Phillips N Pinkston N Porter
Rainey N Ramsey.T N Ramsey.V
Randall N Ransom NRay Y Reaves N Redding Y Richardson Y Robinson.C N Robinson,P NRoss N Royal
Russell Y Selman

N Shepard N Sherrod N Sinkfield N Sizemore N Smith, L Y Smith.P
N Smith.T N Smyre N Snow Y Stancil N Steinberg N Thomas.C N Thomas.M N Thompson Y Townsend Y Triplett Y Twiggs N Waddle N Waldrep N Walker.C N Walker,L Y Wall
N Ware
N Watson N Watts N White
N Wilder Y Williams.B N Williams,J N Williams.R N Wilson N Wood
Workman N Yeargin N Young
Murphy.Spkr

On the adoption of the amendment, the ayes were 32, nays 130. The amendment was lost.

Representative Hooks of the 116th stated that he inadvertently voted 'aye" on the preceding roll call. He wished to vote "nay" thereon.

1874

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 Adams.G
Y Adams.M Y Aiken Y Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins N Auten Y Bailey Y Balkcom N Bannister
Bargeron Y Barnett,B Y Barnett,M YBeck
Benefield Benn 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 N Childers

Y Childs Y Clark.B Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell
Cooper Y Copelan
Y Couch Cox
Y Crawford Y Crosby Y Cummings
Daugherty N Davis
Dean Y Dixon YDobbs Y Dover Y Dunn Y Edwards N Felton Y Floyd
Y Foster Y Galer Y Godbee
N Goodwin Y Greene
Greer Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays

Y Heard NHill
N 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 N Johnson.S Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Lawler N Lawrence Y Lawson Y Lee.C YLee.W N Linder Y Logan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J
Matthews Y McDonald

N McKelvey
Y McKinney Y Milam Y Milford Y Moody
Y Moore N Morton
Mostiler Y Moultrie N Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish
Patten N Peters Y Pettit Y Phillips Y Pinkston Y Porter
Rainey Y Ramsey.T N Ramsey.V
Randall N Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P
Ross Royal Y Russell N Selman

Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L N Smith.P
Y Smith,T Y Smyre YSnow N Stancil Y Steinberg Y Thomas.C Y Thomas,M Y Thompson N Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L N Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J
Williams.R Y Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy.Spkr

On the passage of the Bill, the ayes were 138, nays 23. The Bill, having received the requisite constitutional majority, was passed.

Due to a machine malfunction, the vote of Representative Williams of the 6th was not recorded on the preceding roll call. He wished to vote "aye" thereon.

SB 536. By Senator Allgood of the 22nd:
A bill to amend Code Section 34-12-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Amusement Ride Safety Act," so as to clarify the definition of the term "amusement ride"; to provide for a statement of intent.

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

Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Birdsong

Y Bishop Bolster
Bostick Y Branch YBray Y Brooks Y Brown.G

YBuck Burruss Byrd
Y Carter Y Chamblei
Chance Y Cheeks

MONDAY, MARCH 3, 1986

1875

Y Childers Y Childs Y Clark.B Y Clark.L
Y Colbert Y Coleman Y Colwell Y Connell
Cooper Y Copelan
Y Couch Cox
Crawford Y Crosby
Cummings Daugherty N Davis Dean Y Dixon Dobbs Y Dover Y Dunn Y Edwards Felton
Floyd Y Foster
Galer YGodbee Y Goodwill

Y Greene Y Greer Y Groover Y Hamilton Y Hanner Y Harris Y Hasty
Hays 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
Johnson.F Y Johnson.R
Johnson.S Y Kilgore
Y Kingston Y Lane,D Y Lane,R Y Lawler
Lawrence

Y Lawson Y Lee.C Y Lee.W Y Linder Y Logan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C
Martin,J Matthews Y McDonald Y McKelvey McKinney Y Milam 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 Y Pinkston Y Porter Y Rainey
Y Ramsey.T N Ramsey.V
Randall Y Ransom YRay Y 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

Y Smyre Snow
Y Stancil Y Steinberg
Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplet! Y Twiggs Y Waddle
Waldrep Y 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 Y Workman Y Yeargin Y Young
Murphy,Spkr

On the passage of the Bill, the ayes were 139, nays 2. The Bill, having received the requisite constitutional majority, was passed.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

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.

The following Senate substitute was read:

A BILL
To authorize the Board of Commissioners of Chatham County to provide transit services throughout the county; to provide for exceptions; 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. Except as otherwise provided by Section 2 of this Act, the Board of Commissioners of Chatham County is authorized to provide transit services within any portion or portions of the unincorporated area of Chatham County and within any portion or portions of any incorporated area of Chatham County. In carrying out this function the Board of Commissioners of Chatham County may contract with a transit authority.
Section 2. (a) Except for the City of Savannah, any city in Chatham County may exclude itself from the provisions of this Act. Such exclusion may be accomplished by a resolution adopted for that purpose by any such city if such resolution is adopted within 90 days after the effective date of this Act and is approved by a minimum of two-thirds of the members of the governing authority of such city.

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JOURNAL OF THE HOUSE,

(b) Any city in Chatham County which adopts a resolution pursuant to subsection (a) of this section may, at any subsequent time, petition the Board of Commissioners of Chatham County to come back under the provisions of this Act. Such petition shall take the form of a resolution duly adopted by the governing authority of the municipality. After receiving such petition, the Board of Commissioners of Chatham County may notify the governing authority of the petitioning city of the time when the city, a portion thereof, or none of the city will be included in the special district for transit services and may take such action as may be necessary to include the city or a portion thereof within the special district for transit services.
Section 3. The Board of Commissioners of Chatham County may create a special district for transit services, which may include all, any portion, or none of the unincorporated area of Chatham County or all, any portion, or none of the areas within the municipalities of Chatham County, as provided for in Article IX, Section II, Paragraph VI of the Georgia Constitution to raise funds for the provision of transit services within such district. If said special district includes a portion or portions of Chatham County lying within the corporate boundaries of the City of Savannah, then such special district shall also include other portions of Chatham County. Nothing in this Act shall be construed to prohibit the Board of Commissioners of Chatham County from financially supporting the provision of transit services within said county from any funds of said county.
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 following amendment was read and adopted:

Representative Pannell of the 122nd et al. move to amend the Senate Substitute to HB 1698 by inserting in line 22 on page 2 immediately preceding the word "Nothing" the following:
"Any portion of the unincorporated area of Chatham County which does not receive transit services shall be excluded from the special district for transit services."

Representative Pannell of the 122nd moved that the House agree to the Senate substitute, as amended by the House, to HB 1698.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

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 following Senate substitute was read:

A BILL
To create the Chatham Area Transit Authority, so as to provide for a public transportation system for the Chatham County area; to provide for a short title; to provide a statement of findings and necessity; to provide for definitions; to provide for the membership of the authority; to provide that certain officers of the authority shall be bonded; to provide for the powers of the authority; to provide for areas to be served by the authority; to provide for the handling of the financial operations of the authority; to provide for the

MONDAY, MARCH 3, 1986

1877

issuance of bonds by the authority; to provide for revenue bonds and for matters relative to the issuance of such bonds; to provide for negotiability and for exemption from taxation; to provide for the sale of bonds; to provide for the use of the proceeds of bonds; to provide for temporary bonds; to provide for the replacement of lost or stolen bonds; to provide conditions relative to the issuance of bonds and for the purposes of issuance; to provide that revenue bonds issued by the authority shall not constitute debt of the state or any county or municipality; to provide for trust indentures; to provide for payment of proceeds of bonds; to provide for a sinking fund; to provide for remedies of bondholders; to provide for refunding bonds; to provide for venue and jurisdiction for certain actions; to provide for the validation of bonds; to provide for the protection of the interest of bondholders; to provide for construction contracts and for the purchase of supplies; to provide for the fixing and charging of fares, rates, fees, tolls, or charges; to provide for certain exemptions from taxation; to provide exemption from rules and regulations of the Georgia Public Service Commission; to provide for the transfer of assets and liabilities from a previously existing authority to the Chatham Area Transit Authority; to provide for construction; to provide for severability; to provide for other matters relative to the foregoing; to provide an effective date and for conditions relative thereto; to provide for the repeal of a specific Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
CHAPTER 1 Purpose of Article
Section 1.1. Short title. This Act shall be known and may be cited as the "Chatham Area Transit Authority Act."
Section 1.2. Statement of necessity. It is found, declared, and determined that public convenience and necessity require the creation of a public authority to operate a transit system inside and outside of Chatham County and, in connection therewith, to engage in or complete projects and exercise the powers provided by this Act.
Section 1.3. Definitions. As used in this Act, unless the context clearly requires another meaning, the term:
(1) "Authority" means the Chatham Area Transit Authority created by this Act. (2) "Cost of project" means and includes the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all machinery and equipment, financing charges, the cost of engineering, architectural, fiscal and legal expenses, and of plans and specifications, and other expenses necessary or incidental to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incidental to the financing herein authorized, the acquisition and construction of the project, the placing of the same in operation, and the condemnation of property necessary for such acquisition, construction, and operation. The cost of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority with respect to the financing and operating of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any bonds may be authorized. The cost of a project may also include all interest on revenue bonds, notes, or other obligations of the authority which accrue or are paid prior to and during the period of acquisition or construction of a project and during such additional period as the authority may reasonably determine to be necessary to place such project in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) "Director" means the director of the Chatham Area Transit Authority. (4) "Transit system" means any and all real property, equipment, or facilities necessary or incidental to the implementation of the purposes and intent of this Act

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JOURNAL OF THE HOUSE,

and shall include any subsystems or separate transportation systems including, but not limited to, a bus system, train system, or any other type of transportation system.
(5) "Project" means and includes the acquisition, construction, equipping, maintenance, improving, and operation of a transit system and related buildings and equipment and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property, both real and personal, and the lease and sale of any part or all such facilities, including real and personal property so as to assure the efficient and proper development, maintenance, and operation of such transit system deemed by the authority to be necessary, convenient, or desirable for the operation of such system.
(6) "Revenues" means all rates, fares, tolls, fees, charges, rentals, proceeds derived from contracts for the services or facilities of the authority, government grants or other grants from public or private sources, or other income and revenue actually received or receivable by or for the account of the authority from the operation of the system, including, without limiting the generality of the foregoing, interest allowed on any moneys or securities and any consideration in any way derived from any properties owned, operated, or at any time maintained by the authority.
CHAPTER 2 Creation and Organization of Authority
Section 2.1. Creation. There is created a body corporate and politic to be known as the Chatham Area Transit Authority, which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style, and title said authority may contract and be contracted with, bring and maintain actions, and complain and defend in all courts of law and equity. The authority shall have perpetual existence.
Section 2.2. Membership, (a) The authority shall consist of the members of the Board of Commissioners of Chatham County and three citizen members as follows:
(1) One resident of the City of Savannah appointed by the mayor and aldermen of said city;
(2) One resident of the unincorporated area of Chatham County appointed by the board of commissioners of said county; and
(3) One resident of any municipality, other than the City of Savannah, which lies within a special district for transit services created by the Board of Commissioners of Chatham County who shall be appointed as provided in paragraph (1) of subsection (b) of this section. (b) (1) The citizen member of the authority provided for by paragraph (3) of subsection (a) of this section shall be appointed by a resolution naming the same person as such member being adopted by the governing authority of each municipality, other than the City of Savannah, which lies within a special district for transit services created by the Board of Commissioners of Chatham County. Such citizen member shall serve for a term of office concurrent with the terms of office, or concurrent with the remaining unexpired terms of office in the case of the first such member, of members of the authority who are also members of the Board of Commissioners of Chatham County. Successors to such citizen member shall be appointed to take office at the same time members of the Board of Commissioners of Chatham County take office following their election, but any such citizen member shall serve until a successor is appointed and qualified as provided in this paragraph.
(2) The citizen members of the authority provided for by paragraphs (1) and (2) of subsection (a) of this section shall serve for terms of office concurrent with the terms of office, or concurrent with the remaining unexpired terms of office in the case of the first such members, of the members of the respective governing authorities making the appointment. Such members shall serve until their successors are appointed and qualified as provided in paragraph (1) or (2) of subsection (a) of this section.
(3) All citizen members of the authority shall be users of the transit system. Any citizen member who has served for two consecutive full terms of office shall not be eligible for reappointment as a member of the authority.

MONDAY, MARCH 3, 1986

1879

(c) (1) A citizen member's seat on the authority shall be forfeited if: (A) The member lacks at any time the qualifications for membership on the
authority provided by this Act; (B) The member is convicted of any felony or other crime involving moral turpi-
tude, regardless of the sentence imposed; or (C) The member fails to attend four consecutive regular meetings of the author-
ity without being excused by the authority. (2) If the seat of any citizen member of the authority becomes vacant because of death, resignation, or forfeiture as provided in paragraph (1) of this subsection, or for any other reason, such vacancy shall be filled for the unexpired term in the same manner that an appointment is made for a full term as provided in this section. (d) A majority of the members of the authority shall constitute a quorum for the transaction of business. No vacancy on the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority. (e) No member of the authority shall vote on any matter in which such member shall have directly or indirectly any financial interest. Except for compensation received as an employee, no employee of the authority shall have directly or indirectly any financial interest in or profit or benefit from any contract, work, or business of the authority or in the sale, lease, or purchase of any property to or from the authority. (f) Members of the authority shall serve without compensation but shall be entitled to reimbursement for actual expenses incurred on authority business, provided such expenses were authorized in advance of their being incurred. (g) Unless otherwise provided by procedures or bylaws adopted by the authority, the chairman of the Board of Commissioners of Chatham County shall be the chairman of the authority and the vice-chairman of the Board of Commissioners of Chatham County shall be the vice-chairman of the authority. The vice-chairman shall act in the absence or inability of the chairman. Regular meetings of the authority shall be held at least quarterly, the time, place, and notice of such meetings to be fixed by the authority. All meetings of the authority shall be conducted in accordance with Robert's Rules of Order, unless the authority shall adopt other rules. All motions, resolutions, and all other proceedings of the authority and all documents and records in its possession shall be public records and open to public inspection as provided in Article 4 of Chapter 18 of Title 50 of the O.C.G.A. (h) The chairman of the authority shall be entitled to vote on any matter coming before the authority.
Section 2.3. Secretary-treasurer and director, (a) A secretary-treasurer and a director shall be appointed by the authority and shall serve at the pleasure of the authority. The secretary-treasurer need not be a member of the authority and the director shall not be a member of the authority. Both officers shall perform those duties imposed by this Act and by policies of the authority. The director shall have responsibility for the management of the properties and business of the authority and the employees thereof, shall direct the enforcement of all resolutions, rules, and regulations of the authority, and shall perform such other duties as may be prescribed from time to time by the authority.
(b) Before entering upon the duties of their respective offices, the secretary-treasurer and director shall each execute a bond with a corporate surety to be approved by the authority. The bond of both officers shall be payable to the authority in whatever penal sum may be directed by the authority, conditioned upon the faithful performance of the duties of their respective offices and the payment of all moneys received by each of them according to law and the orders of the authority. The authority may at any time require a new bond from either or both officers in such penal sum as may then be determined.
Section 2.4. Audits. The authority shall cause the books and records of the authority to be audited annually by the external auditor of Chatham County, unless another qualified auditor, who shall be a certified public accountant or a firm of certified public accountants, is selected by the authority.

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CHAPTER 3 Powers of Authority
Section 3.1. General and enumerated powers. The powers of the authority shall include, but shall not be limited to, those powers generally conferred upon authorities pursuant to law and shall also include those specifically granted by this Act which may be exercised to accomplish the purpose for which the authority is created. The specific powers of the authority shall include the following:
(1) To receive and administer gifts, grants, and donations; (2) To adopt a seal and alter the same at its pleasure; (3) To execute contracts in such manner as the authority may determine; (4) To acquire by grant, purchase, gift, device, or lease; and to hold, use, sell, lease, or dispose of real and personal property of every kind and nature whatsoever as may be necessary for the full exercise of, or convenient or useful for the carrying on of, any of its powers granted by this Act; (5) To acquire, construct, complete, develop, own, operate, and maintain a transit system for the purpose of transporting persons inside and outside of Chatham County, including power to acquire by purchase, lease, gift, or otherwise all or any part of any patents, licenses, rights, interest, engineering studies, data, or reports owned or held by any person, firm, or corporation and determined by the authority to be necessary, convenient, or useful to the authority in connection with the acquisition, construction, completion, development, operation, or maintenance of the transit system; (6) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys; to fix or provide for their respective compensation; to provide for pension and retirement plans for these officers, agents, and employees; to provide for or contract for group life, medical, and hospitalization insurance plans for said officers, agents, and employees and to pay the costs thereof either in whole or in part; and to be a self-insurer as to workers' compensation claims without being required to comply with the provisions of the Official Code of Georgia Annotated which relate to self-insurers and the posting of security or indemnity bonds; (7) To borrow money for any of its corporate purposes and to issue notes or bonds therefor and to sell, convey, mortgage, pledge, and assign any and all of its funds, property, or income as security therefor and to provide for the payment of the same and the rights of the holders thereof; (8) To issue negotiable or registered bonds, including revenue and refunding bonds, under such terms and conditions as it deems appropriate and to provide for the payment of same and for the rights of the holders thereof; (9) To enter into any financial arrangements whatsoever necessary to accomplish the purposes of this Act not expressly prohibited by law; (10) To bring and maintain actions in its corporate name in all courts of competent jurisdiction; (11) To enter into contracts or agreements with any public or private corporation, or other person or with the United States, the State of Georgia, Chatham County, any municipalities, or any other governmental units, authorities, or political subdivisions in order to exercise and carry out its powers and purposes; (12) To have and to exercise the usual powers of public and private corporations performing similar functions which are not in conflict with the Constitution and laws of this state or of the United States of America; (13) To make and execute all instruments and contracts for the acquisition of existing transportation facilities, acquisition of new facilities and properties, and such other matters and things as may be needful and necessary to the proper and efficient operation of the business of the authority; (14) To enter into contracts for the operation, maintenance, management, or supervision of all or any portion of the transit system; (15) To accumulate its funds from year to year and to invest the same in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

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(16) To exercise the right and power of eminent domain for the condemnation of real or personal property or any right or interest therein for its use in the operation of the business of the authority, including the power to acquire real property in fee simple or any lesser estate or interest;
(17) To procure and enter into contracts for any type of insurance and indemnity against loss or damage to its property from any cause, including loss of use and occupancy, against death or injury of any person, against employers' liability, against any act of any member, officer, or employee of the authority in the performance of the duties of office or employment of any other insurable risk;
(18) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed as the board may deem necessary or expedient in facilitating the business of the authority;
(19) To acquire for cash or by exchange of its bonds any publicly or privately owned bus lines or other transportation facilities inside or outside of Chatham County, which may be integrated as feeder services with the transit system of the authority;
(20) To require that certain officers and employees shall execute a bond with a corporate surety to be approved by the authority. The bond of such officers and employees shall be payable to the authority in whatever penal sum may be directed by the authority, conditioned upon the faithful performance of the duties of their respective offices and the payment of all moneys received by them according to law and the orders of the authority. The authority may at any time require a new bond from any officer or employee in such penal sum as may then be determined; and
(21) To exercise any and all other powers necessary or convenient to carry out the purposes and intent of this Act.
Section 3.2. Area served. No area within Chatham County shall be served by the Chatham Area Transit Authority unless it is part of a special district for transit services created by the Board of Commissioners of Chatham County as provided by law and as authorized by Article IX, Section II, Paragraph VI of the Constitution of the State of Georgia.
Section 3.3. Financial operations. The financial operations of the authority, including but not limited to, investment of funds, financial accounting and reporting, purchasing, and other such financial or administrative matters may be performed by Chatham County unless otherwise directed by the authority.
Section 3.4. The authority shall have sovereign immunity except, however, the defense of sovereign immunity is waived as to those actions for the recovery of damages for any claim against the authority for which liability insurance protection for such claims has been provided but only to the extent of the liability insurance so provided.
CHAPTER 4 Bonds
Section 4.1. Revenue bonds. In furtherance of the purposes of this Act and for the purpose of acquiring, constructing, and equipping a modern and efficient transit system or any part thereof and for the purpose of financing the cost of any project in connection therewith, the authority may issue revenue bonds in accordance with the provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law" and exercise, in addition to the other powers provided by this Act, the powers provided by said "Revenue Bond Law" in the same manner and to the same extent as counties and municipalities of this state.
Section 4.2. Issuance of revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have power and is authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable or registered revenue bonds for the purpose of paying all or any part of the cost of a project of the authority.

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The principal and interest of such revenue bonds shall be payable solely from the special funds hereinafter provided by this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates as may be authorized by the authority from time to time, shall be payable at such times, shall mature at such time or times not exceeding 30 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance pursuant to and in conformity with the Revenue Bond Law, and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in the Revenue Bond Law and any amendments thereof, except that in lieu of specifying the rate or rates of interest which the bonds are to bear, which may be fixed or may fluctuate or otherwise change from time to time, the petition to validate the bonds may set forth a maximum rate of interest which any bonds are to bear.
Section 4.3. Form, denominations, registration, place of payment. The authority shall determine the form of the bonds and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine and provision may be made for the registration of any coupon bond as to principal alone or as to both the principal and interest.
Section 4.4. Signatures, seal. Should any officer whose signature or facsimile signature appears on any bonds or whose signature or facsimile signature appears on any coupon cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and attested by the secretary-treasurer of the authority and the official seal of the authority shall be affixed thereto or printed thereon and any coupons attached thereto shall bear the facsimile signature of the chairman or secretary-treasurer of the authority. Any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the preparation or execution of such bonds shall be duly authorized or hold the proper office, although at the date of delivery and payment of such bonds such persons may not have been so authorized or shall not have held such office.
Section 4.5. Same; negotiability; exemption from taxation. Whether or not the bonds of the authority are of such form and character as to be negotiable instruments, the bonds are made negotiable instruments within the meaning of and for all the purposes of Georgia law subject only to the provisions of the bonds for registration. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state.
Section 4.6. Same; sale; price. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority.
Section 4.7. Same; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects for which the bonds were issued, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in any trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit which, unless otherwise provided in the resolution authorizing the issuance of the bonds or in any trust indenture, shall be deemed to be of the same issue and shall be entitled to be paid from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be used for paying the principal of and the interest on such bonds.
Section 4.8. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim

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receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
Section 4.9. Same; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.
Section 4.10. Same; conditions precedent to issuance; object of issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project of the authority. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular, special, or adjourned meeting of the authority.
Section 4.11. Same; credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia, Chatham County, or any municipality served by the authority, nor a pledge of the faith and credit of the said state, county, or municipality, but such bonds shall be payable solely from the fund hereinafter provided for, and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate said state, county, or municipality to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals covering substantially the foregoing provisions of this section.
Section 4.12. Same; trust indenture as security. In the discretion of the authority, any issue of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank inside or outside of the state having trust powers. Such trust indenture may pledge or assign fees, tolls, charges, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of private corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
Section 4.13. Same; to whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in any trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank, or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide.

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Section 4.14. Same; sinking fund. The revenues, fees, tolls, charges, and earnings derived from any particular project or projects, regardless of whether or not such fees, tolls, charges, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated together with any grant funds, may be pledged and allocated by the authority to the payment of the principal of and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payments of (1) the interest on such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of any transfer, registrar, or paying agent for the bonds, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in any trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in any trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.
Section 4.15. Same; remedies of bondholders. Any holders of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by any trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted under this Act or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
Section 4.16. Same; refunding bonds. The authority is authorized to provide by resolution for the issuance of refunding bonds of the authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and to refund any revenue bonds issued by any city, county, or authority with respect to any facilities to be acquired by the authority from any such city, county, or authority. The issuance of such revenue refunding bonds, and maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
Section 4.17. Same; venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Chatham County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
Section 4.18. Same; validation. Bonds of the authority shall be confirmed and validated in accordance with the procedures of the Revenue Bond Law, as now or hereafter amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia or any other party which has contracted with the authority to furnish or receive the services and facilities of the project for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision, or instrumentality or other party

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shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The bonds when validated, and the judgment of validation, shall be final and conclusive with respect to such bonds, against the authority, subdivision, instrumentality, or other party contracting with the said authority.
Section 4.19. Same; interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interests and rights of the holders of such bonds. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
CHAPTER 5 Fiscal
Section 5.1. Construction contracts. All construction contracts and all contracts for the purchase of supplies, equipment, and services, shall be awarded in accordance with policies and procedures established by the authority.
Section 5.2. Rates. The authority is authorized to prescribe and fix and collect fares, rates, fees, tolls, or charges and to revise from time to time and collect such fares, rates, fees, tolls, or charges for the transportation services and facilities furnished.
CHAPTER 6 Exemptions
Section 6.1. Exemption from taxation. The authority shall be exempt from payment of all taxes and assessments, ad valorem, sales, use, income, and others, imposed by the State of Georgia or by any of its subdivisions or taxing districts upon any property, real and personal, acquired or owned by the authority or under its jurisdiction, control, possession, or supervision, and upon its activities in the operation and maintenance of any such properties, and on the income derived by the authority from the operation of said transit system or otherwise. The bonds of the authority, their transfer and the income therefrom, shall be exempted from taxation by the state or any of its subdivisions or taxing districts.
Section 6.2. Exemption from rules. The authority shall be exempt from the rules and regulations of the Georgia Public Service Commission and the Public Service Commission shall not be responsible for regulating the operations of the authority.
CHAPTER 7 Transition Provisions
Section 7.1. Transfer of assets and liabilities. Upon the adoption of a resolution for such purpose by the authority and at the time specified by such resolution, all property, both real and personal, and all other assets and liabilities including, but not limited to, all agreements, rights, interests, grants, and leases of the Savannah Transit Authority shall be transferred to the Chatham Area Transit Authority, except that any debts still outstanding as being owed to Chatham County or any municipality in Chatham County shall be subject to such modification or cancellation as may be mutually agreeable to the Chatham Area Transit Authority and such county or municipality.

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CHAPTER 8 Construction
Section 8.1. Construction. This Act being necessary for the welfare of the state and its inhabitants shall be liberally construed to effect the purposes of this Act; and the specific powers, authority, and immunities granted by this Act are to be construed as an illustration of and not as a limitation of, the general powers, authorities, and immunities granted by this Act.
CHAPTER 9 Construction and Legislative Intent
Section 9.1. Severability. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions; and notwithstanding any other evidence of legislative intent, it is declared to be the controlling legislative intent that if any provision of this Act, or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Insofar as the provisions of this Act are inconsistent with the provisions of any other law, the provisions of this Act shall be controlling.
CHAPTER 10 Effective Date
Section 10.1. Effective date. This Act shall become effective on January 1, 1987, provided, however, that this Act shall not become effective until a special district for transit services has been created by the Board of Commissioners of Chatham County as provided for in Article IX, Section II, Paragraph VI of the Constitution of the State of Georgia.
CHAPTER 11 Repeal of Savannah Transit Authority Act of 1960
Section 11.1. Repeal of Act. Upon the adoption of the resolution specified by Section 7.1 of this Act and at the time specified by said resolution for the transfer of the assets and liabilities of the Savannah Transit Authority to the Chatham Area Transit Authority created by this Act, the Act known as the "Savannah Transit Authority Act of 1960," approved March 17, 1960 (Ga. L. 1960, p. 2620), as amended, shall stand repealed in its entirety and shall no longer have any force and effect.
CHAPTER 12 General Repealer
Section 12.1. Conflicting laws repealed. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Pannell of the 122nd et al move to amend the Senate Substitute to HB 1699 by adding immediately following line 24 on page 13, as a part of Section 3.2, the following:
"All areas of Chatham County which are included within such special district for transit services shall be served by the transit system of the authority on a reasonable basis throughout such special district."

Representative Pannell of the 122nd moved that the House agree to the Senate substitute, as amended by the House, to HB 1699.

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On the motion, the ayes were 103, nays 0. The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 496. By Senators Hine of the 52nd, Coleman of the 1st and Scott of the 2nd:
A bill to amend Code Section 46-2-28 of the Official Code of Georgia Annotated, relating to Public Service Commission approval of certain debt of companies over which the commission has jurisdiction, so as to exempt certain companies from the provisions of that Code section.

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
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 Y Beck Y Benefield YBenn Y Birdsong
Bishop Bolster Y Bostick Y Branch Bray Y Brooks Y Brown,G YBuck Y Burruss YByrd Y Carter Y Cham bless Y Chance Y Cheeks Y Childers

Y Childs
Y Clark.B
Y Clark.L
Colbert
Y Coleman
Y Colwell
Y Connell
Cooper
Y Copelan
Y Couch
Cox Y Crawford Y Crosby Y Cummings
Daughterly Y Davis
Dean 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 Y Groover Y Hamilton Y Manner Y Harris
Hasty YHays

Y Heard YHill
Y Holcomb Y Holmes Y Hooks
Home Y Hudson
Isakson
Y Jackson,J Jackson.N
Y Jamieson
Y Johnson,D Y Johnson,F Y Johnson.R Y Johnson,S Y Kilgore Y Kingston Y Lane.D 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 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 Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Porter
Y Rainey Y Ramsey.T Y Ramsey.V
Randall
Y Ransom
YRay
Y Reaves
Y Redding
Y Richardson
Y Robinson.C
Y Robinson.P
YRoss
Y Royal
Y Russell
Selman

Y Shepard Y Sherrod
Sinkfield Y Sizemore Y Smith,L Y Smith,P Y Smith.T YSmyre YSnow Y Stancil Y Steinberg
Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs
Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder
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 151, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 562. By Senators Coleman of the 1st, Scott of the 2nd and Peevy of the 48th:
A bill to amend Article 2 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, known as the "Air Transportation Act," so as to provide that pilots employed by the Department of Transportation may not continue in employment past 65 years of age.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

N Aaron Adams.G
Y Adams.M Aiken Alford
N Alien Y Anderson YArgo
Athon Y Atkins Y Auten
Bailey Y Balkcom Y Bannister
Bargeron Y Barnett.B Y Barnett.M
YBeck Y Benefield
Benn Birdsong Y Bishop Bolster Y Bostick Y Branch Bray Y Brooks Brown.G YBuck N Burruss YByrd
Y Carter Y Chambless
Y Chance Y Cheeks Y Childers

Y Childs N Clark.B Y Clark.L Y Colbert Y Coleman Y Colwell N Connell
Cooper N Copelan Y Couch
Cox Crawford
Y Crosby Cummings Daugherty
N Davis Dean
Y Dixon Y Dobbs Y Dover
Y Dunn Y Edwards Y Felton
Floyd
Y Foster Y Galer YGodbee Y Goodwin Y Greene Y Greer Y Groover
Y Hamilton Y Manner Y Harris
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 N Lawrence N Lawson Y Lee.C
Lee.W Y Under YLogan YLong YLord N Lucas
Y Lupton Y Maddox
Mangum Martin,C Martin,J
Matthews Y McDonald

Y McKelvey McKinney Miiam
Y Milford
Y Moody Y Moore N Mortal Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips
Y Pinkston Y Porter
Y Rainey Y Ramsey.T Y Ramsey.V
Randall
Y Ransom YRay
Reaves Redding Y Richardson Y Robinson.C Y Robinson.P YRoss
Y Royal Russell Selman

Y Shepard Y Sherrod
Sinkfield Y Sizemore Y Smith.L
Y Smith.P Smith.T
Y Smyre YSnow Y Stancil Y Steinberg
Thomas.C N Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs
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
Young Murphy.Spkr

On the passage of the Bill, the ayes were 125, nays 12. The Bill, having received the requisite constitutional majority, was passed.

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 1823 Do Pass
HB 2000 Do Pass, by Substitute
HB 2060 Do Pass
HB 2062 Do Pass, By Substitute
HB 2063 Do Pass
HB 2064 Do Pass
HB 2065 Do Pass HB 2067 Do Pass

HB 2069 Do Pass HB 2070 Do Pass HB 2071 Do Pass, as Amended SB 290 Do Pass, by Substitute SB 592 Do Pass SB 596 Do Pass, as Amended SB 598 Do Pass

Respectfully submitted, /s/ Richardson of the 52nd
Sub-Committee Chairman

MONDAY, MARCH 3, 1986

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By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

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).

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2000. By Representatives Lane of the lllth and Godbee of the 110th: A bill to create a new charter for the City of Statesboro.

The following Committee substitute was read and adopted:

A BILL
To create a new charter for the City of Statesboro; to provide for the corporate limits of said city; to provide for the mayor and council; to designate the mayor and city council of Statesboro as a body corporate and politic with the power and authority to exercise all of the common functions of government; to provide for the terms of office of the mayor and members of the council; to disclaim any responsibility or liability of the city for unauthorized arrest or false imprisonment; to provide that city officers shall not be personally interested in contracts or other dealings with the city; to forbid nepotism; to provide for an oath of office for the mayor and members of the council; to provide that the mayor and councilmembers shall reside within the corporate limits of the city during their terms of office; to provide that changing residency to one outside city shall immediately cause a vacancy; to provide for filling vacancies in the offices of mayor and council; to provide for the selection of a mayor pro tempore and the duties of such officer; to provide for meetings of the council, minutes, and proceedings; to provide for the selection, term, compensation, bond, oath, and removal of officers and employees of the city; to provide for a city clerk; to provide for ex officio duties of the clerk; to authorize the city council to elect a treasurer; to provide for the selection, status, regulation, and compensation of fire department personnel; to provide for the enactment of ordinances; to provide for the authority of the mayor to vote; to provide for the posting and publication of ordinances; to provide for regulations for the general welfare; to provide that the city council shall have power and control over the finances and property of the city; to provide for the executive powers of the mayor; to provide for fire and building regulations; to provide for the designation and abatement of nuisances; to provide for the procedure for the removal of noisome weeds and vegetable growth; to provide for the impoundment and redemption or sale of animals at large within the city; to provide for the acquisition, improvement, and maintenance of parks; to provide for the regulation of vehicles; to provide for zoning rules, regulations, and ordinances; to provide for the procedure for the sale of municipal water or gas systems; to provide for the grants of utility franchises; to provide for restrictions upon the grants of utility franchises; to provide for the issuance and purpose of bonds; to provide for the preservation of existing ordinances; to provide for the establishment and jurisdiction of a recorder's court; to provide for the authority of the recorder's court; to limit penalties which may be imposed by the recorder's court; to provide for the review of decisions of the recorder's court; to provide for the time the recorder's court begins to

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function; to provide for the selection, term, qualifications, and compensation of the recorder; to provide who may act in case of the disqualification, illness, or absence of the recorder or in the event of a vacancy in the office of the recorder; to provide the procedure for removal of the recorder; to provide for a clerk of the recorder's court; to authorize the recorder to issue warrants for arrest and to fix bail; to provide for commitment for violation of penal laws of the state; to provide for arrest without a warrant and authority to summon assistance; to provide for the authority to release a prisoner upon the posting of an appearance bond; to provide for the forfeiture of an appearance bond; to provide the authority to enforce by execution the collection of taxes, debts, and claims due the city; to provide for the payment of costs of execution and sale thereunder; to provide for the time, place, and manner of execution and the sale, delivery of title, and possession of property; to provide for the force and effect of executions; to provide for defenses to executions; to provide that the officer conducting an execution sale shall execute title and deliver possession; to provide that the uniform registration cards shall be safeguarded by the city clerk; to provide for the time of registration; to provide for the registration and oath of voters; to provide for an appeal from decisions as to right to register; to provide for correcting and purging registration lists; to provide for furnishing a list of voters to election managers; to provide for special elections; to provide for the election and terms of office of the mayor and council; to provide for eligibility requirements of the mayor and council members; to provide for entrance fees for candidates for office of mayor or council member and qualification dates; to provide election districts for council members; to provide for the qualification of electors; to provide for election managers, their functions, oath of office, selection, and compensation; to provide for the conduct of elections, hours for polls to remain open, and certification of results; to provide for the penalty for illegal voting; to provide the procedure to contest the results of elections for mayor and council members; to provide the effect of filing a notice to contest an election; to provide for absentee voting; to provide for write-in candidates; to provide for the imposition of business or occupation taxes and the enforcement thereof; to provide for the licensing and regulation of business, trades, occupations, callings, and professions; to provide for an effective date of licenses and the proration of the taxes or fees imposed; to provide the authority for the establishment, maintenance, and extension of a sewage and drainage system; to authorize the mayor and council to issue bonds for sewage and drainage system; to provide that the city shall have power and authority over pipes, sewers, and private drains; to provide for the power and authority of the city over streets, lanes, alleys, sidewalks, and public places; to authorize the city to vacate, close, or abandon streets and alleys and to sell or alienate streets and alleys; to provide for the issuance of bonds for street improvements; to provide for the scope and authority of the mayor and council; to provide for the authority of the mayor and council to regulate or restrict the use of the streets for business purposes; to define certain terms; to authorize the mayor and council to establish, change street grades, pave, or improve streets; to provide for conditions which shall be applicable to railroads at the time of proposed street improvements; to provide for improvements of the right of way by the railroad or the city at the expense of the railroad; to provide for the effect of a railroad right of way traversing city streets; to provide for related matters; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
CITY OF STATESBORO CHARTER
Article I. In General
Section 1-1. Incorporation. The City of Statesboro, in the County of Bulloch, is hereby incorporated.
Section 1-1.1. Corporate limits. In addition to the area embraced within the corporate limits of the City of Statesboro on the effective date of this article, the following described property shall likewise be embraced within the corporate limits of the city:

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Beginning at a point on the Northern edge of the right of way of U.S. Highway 80 at a point common to Bel-Air Estates and lands of Naughton Beasley which said point is located at the Southeastern extremity of the proposed new limits of the City of Statesboro, the line runs North 20 degrees 34 minutes East 629.7 feet; thence North 7 degrees 02 minutes East 1600 feet; thence North 12 degrees 58 minutes East 1200 feet; thence North 72 degrees 02 minutes West 660.5 feet to a point at lands of William Bland; thence continuing on a line between lands of Bel-Air Estates and William Bland South 41 degrees 50 minutes West 2259.75 feet; thence South 54 degrees 12 minutes West 874.05 feet to a point of the Northern edge of said U.S. Highway 80; thence continuing along the Northern edge of said Highway North 53 degrees 25 minutes West 85.5 feet; thence North 51 degrees 52 minutes West 284 feet; thence North 50 degrees 59 minutes West 300 feet; thence North 49 degrees 33 minutes West 347.5 feet to a point on the Northern edge of said Highway at lands of John W. Johnson; thence North 46 degrees 59 minutes East 2481.4 feet; thence North 41 degrees 29 minutes West 704.39 feet crossing a county road at lands of Lester; thence North 25 degrees 23 minutes West 3134.82 feet to a point on the Northern edge of East Main Street on a line common to lands of Dr. Ed Smart and Lawrence Williams; thence North 0 degrees 20 minutes West 1994.24 feet to a point common with lands of Remer Mikell Estate and Dr. Ed Smart; thence South 84 degrees 25 minutes West 996.73 feet to a point common to lands of Rushing and Murphy, W. A. Bowen and W. R. Altaian; thence North 4 degrees 17 minutes West 1952.97 feet to a point common to lands of C. P. Olliff Estates and Lester Olliff; thence South 83 degrees 20 minutes West 1299.82 feet to a point on the Western edge of the Packing House Road; thence North 61 degrees 36 minutes West 320.2 feet to a point at lands of Davis Barnes; thence North 34 degrees 32 minutes West 422.1 feet to a point on the Eastern edge of U.S. Highway 301; thence crossing said Highway the line runs North 81 degrees 01 minutes West 2662.2 feet across lands of Mrs. J. G. Kennedy estate to a point on the Western edge of the right of way of the Central of Georgia Railway; thence following the curvature of said Railroad North 14 degrees 04 minutes East 211.72 feet; thence North 17 degrees, 32 minutes East 205.6 feet; thence North 20 degrees 46 minutes East 205.46 feet- thence North 24 degrees 00 minutes East 205.32 feet; thence North 27 degrees 13 minutes East 205.18 feet; thence North 30 degrees 41 minutes East 205.04 feet; thence North 33 degrees 46 minutes East 204.9 feet; thence North 36 degrees 36 minutes East 204.76 feet to a point on the Western edge of the right of way of said Railroad; thence continuing along the Western edge of said Railroad North 38 degrees 02 minutes East 1409.36 feet to a point at lands of Cleve Love; thence North 24 degrees 20 minutes West 224.5 feet; thence crossing Fletcher Drive North 9 degrees 56 minutes East 428.5 feet to a point in the center line of a county road; thence North 76 degrees 35 minutes West 434.9 feet; thence North 16 degrees 06 minutes West 775.9 feet to a point common to lands of Mrs. F. F. Fletcher and Cleve Love; thence on a line separating lands of Mrs. F. F. Fletcher and J. G. Fletcher North 86 degrees 34 minutes West 634.6 feet; thence North 3 degrees 56 minutes East 11.3 feet; thence North 86 degrees 34 minutes West 920.2 feet to a point on the Eastern edge of Lakeview Road and lands of J. G. Fletcher; thence North 2 degrees 28 minutes East 2008.65 feet; thence continuing along the Eastern edge of said road North 3 degrees 36 minutes East 430.1 feet; thence crossing said Lakeview Road in a Westerly direction North 86 degrees 42 minutes West 1211.2 feet at lands of Sally Zetterower; thence South 39 degrees 16 minutes West 732.6 feet; thence South 6 degrees 57 minutes East 1082.25 feet; thence South 16 degrees 57 minutes West 600 feet; thence crossing a pond South 34 degrees 35 minutes West 955.07 feet to lands of Mooney Estate and Francis W. Alien; thence South 31 degrees 14 minutes West 585.0 feet to a point at the old Statesboro City Limits; thence continuing along said old city limits line South 28 degrees 23 minutes West 1400.74 feet; thence continuing along the same line
South 10 degrees 22 minutes West 1463.14 feet; thence crossing U.S. Highway 25 and
U.S. Highway 80 in a Westerly direction the line runs North 84 degrees 29 minutes West
634.02 feet; thence continuing along the existing city limits of said city South 18 degrees
27 minutes East 999.9 feet to lands of F. C Parker; thence leaving the existing city
limits of said city the line runs South 72 degrees 31 minutes West 2641.0 feet to a point

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on the Southern edge of a county road; thence continuing the crossing West Main Street in a Southerly direction the line runs South 0 degrees 16 minutes East 4299.2 feet; thence South 3 degrees 04 minutes West 3573.0 feet to a point just South of the Country Club Road and just West of the intersection of said County Club Road and the Riggs Mill Road South of the residence of Mrs. W. G. Neville; thence on a line through lands of Mrs. Bruce Olliff South 32 degrees 21 minutes East 3329.5 feet; thence South 27 degrees 24 minutes East 1018.1 feet to a point on the Northern edge of the right of way of the Central of Georgia Railway running from Statesboro to Metier; thence bisecting lands of W. W. Brannen the line runs South 38 degrees 20 minutes East 1128.3 feet; thence crossing U.S. Highway 301 South 31 degrees 35 minutes East 2109.4 feet, said line bisecting lands of Nath Foss and Georgia Southern College; thence continuing on a line common to Georgia Southern College and Sam Johnston Estate South 52 degrees 58 minutes East 2442.0 feet; thence North 32 degrees 09 minutes East 16.0 feet; thence crossing a new paved highway South 65 degrees 37 minutes East 748.44 feet to a point on the Eastern edge of said new paved highway at lands common to B. W. Knight and Inman Lanier; thence South 65 degrees 17 minutes East 2623.9 feet to a point at lands of Mrs. Willie O. Cobb; thence crossing Highway 67 in an easterly direction the line runs North 78 degrees 13 minutes East 2980.2 feet to an off-set point in said line; thence continuing on the same bearing a distance of 1340 feet to a point in the center of Little Lotts Creek; thence continuing along the meanderings of said Little Lotts Creek in a general Northwesterly direction to a point common to Henry Brannen and Mrs. Katheryn Lovett marked by a concrete monument in the center of said creek; thence continuing along a line bisecting lands of Mrs. Katheryn Lovett North 9 degrees 46 minutes West 1125.0 feet; thence North 38 degrees 02 minutes East 1632 feet to a point at lands of Mrs. Lovett; thence South 52 degrees 33 minutes East 2025.07 feet to a point common to lands of Mrs. Katheryn Lovett and Henry Brannen; thence North 56 degrees 23 minutes East 300 feet to a point on the Southern edge of the right of way of U.S. Highway 80; thence continuing along the Southern edge of said Highway the line runs South 54 degrees 19 minutes East 248.3 feet; thence South 58 degrees 27 minutes East 200 feet; thence South 61 degrees 54 minutes East 138.5 feet; thence South 63 degrees 31 minutes East 889.9 feet to a point on the Southern edge of said Highway; thence crossing said Highway North 31 degrees 49 minutes East 100.3 feet to the point of beginning, according to plat of same by Lamar 0. Reddick, Surveyor, dated February 15, 1967 and recorded in Plat Book 7, page 51, Bulloch County records.
Section 1-2. Mayor and council; designated, constituted body corporate and politic; exercise of common functions of government. The municipal government of the City of Statesboro shall consist of a mayor and five members of the council who are constituted a body corporate under the name and style of the "Mayor and City Council of Statesboro," and by such name they shall have perpetual succession, with power and authority to contract and to be contracted with; to bring and defend actions; to plead and be impleaded; to have and use a common seal; shall be able in law or equity to purchase, have, hold and enjoy, receive, possess, and retain to themselves and their successors in office, for the use and benefit of the City of Statesboro, in perpetuity or for any term of years, any estate or estates, real or personal, of every kind and nature, inside or outside the corporate limits for corporate purposes; to have and to hold all property now belonging to the city either in its own name or the name of others for the use of the city for the purpose and intents for which the same was given, granted, dedicated, or purchased; to use, manage and improve, sell, convey, rent, or lease the same; shall have like power over the property hereinafter acquired; and shall succeed to all the rights and liabilities of the present corporation. They shall have the power to borrow money and give evidence of indebtedness for the same; to issue bonds from time to time; and to do and perform all and every act or acts necessary or incidental to the raising of funds for the legitimate use of the city. They shall have the right, power, and authority to govern themselves by such rules, bylaws, regulations, ordinances, or other orders as they may deem proper, not in conflict with this charter or the Constitution and laws of this state or of the United States.

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Section 1-3. Terms of officers, terms of present officers. The term of office of the mayor and the members of the council shall be four years and until their successors are elected and qualified.
Section 1-4. Responsibility of city for unauthorized arrest, false imprisonment. In no case shall the city be liable for damages to any person or persons for any unlawful or unauthorized arrest or false imprisonment made or effected by the marshal, chief of police, or any other policeman of the city; but if damages are ever thus sustained, they can only be recovered out of the officer or officers whose unlawful and unauthorized conduct may have produced them.
Section 1-5. Interest in contracts, nepotism, prohibited. No mayor of the city nor member of city council nor any other officer of the city shall be personally interested, directly or indirectly, in any contract made by the city or receive any profit or emolument for any purchase or sale of material or other article sold to the city or paid for out of the public revenues of the city; and nepotism in any of the board or officers of the city is expressly forbidden.
Article II. Mayor and Council
Section 2-1. Oath of office of mayor, members of council. Before entering upon the discharge of their respective offices, the mayor and council shall each make and subscribe the following oath:
"I do solemnly swear that I will faithfully discharge all duties devolving on me as mayor (or councilman as the case may be) of the City of Statesboro, during my continuance in office, according to the best of my ability and understanding, so help me God." The oath signed by each officer shall be entered upon the records of the city.
Section 2-2. Vacancy declared in offices of mayor and council if officer changes residency to one outside city. The mayor and each member of the council of the city shall reside within the corporate limits of the city during their terms of office. If any officer changes residency to one outside of the city, such officer's office shall be declared vacant.
Section 2-3. Filling vacancy in office of mayor, member of council. In case of a vacancy in the office of mayor caused by death, resignation, failure to elect, removal of residence from the city, or otherwise, the vacancy shall be filled by the city council of the city, which shall proceed at once to elect a mayor for the unexpired term, it being declared lawful and competent for the city council to elect one of its own members should it see fit.
In the event a vacancy occurs on the council for any reason other than the expiration of the term of office more than 120 days before the expiration of the term of office for the vacant seat, a special election to fill the unexpired term shall be held in accordance with Chapter 3 of Title 21 of the O.C.G.A., known as the "Georgia Municipal Election Code," and the applicable terms of this order in respect to residency and qualification. In the event a member moves his residence from the district he represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies shall be filled. In the event that a vacancy occurs with less than 120 days remaining before the expiration of the term of office for the vacant seat, the remaining members of the council shall appoint a person who satisfies the residency requirements for the district or post in which the vacancy occurs to serve for the unexpired term.
The mayor and councilman thus elected shall, before entering upon the duties of their respective offices, take the oath of office heretofore prescribed.
Section 2-4. Mayor pro tempore; selection, function, duties. The city council shall, at its first meeting after election and qualification, elect one of its members as mayor pro tempore, who shall, in the absence or disqualification of the mayor, be the presiding officer of the city council, shall be allowed to vote on all questions, and shall, in the absence or disqualification of the mayor, exercise all the functions of the office of mayor; and all the duties, powers, rights, and privileges conferred by this charter upon the mayor may and

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shall be exercised by the mayor pro tempore in the absence or disqualification of the mayor or when the mayor, from sickness or from other reasons, is unable to act.
Section 2-5. Meetings, minutes, proceedings of council. The city council of the city shall be presided over at its meetings by the mayor or, in his absence, by the mayor pro tern, and a majority of the council shall be necessary to form a quorum for the transaction of business. The council shall cause to be kept in a well-bound book an accurate record of all its proceedings, bylaws, acts, orders, ordinances, and resolutions, which book shall be fully indexed and open to the inspection of anyone who is required to pay taxes in the city. The council shall hold monthly, semimonthly, or weekly sessions as it may determine, and the mayor or mayor pro tern may cause to be held such other and additional meetings as emergencies may, in his discretion, require. At each meeting of the city council the proceedings of the last meeting shall be read, corrected if erroneous, and signed and approved as correct by the presiding officer for the time being.
Upon the call of any member the yeas and nays on any questions shall be taken and recorded on the book of minutes.
Article III. Officers and Employees
Section 3-1. Selection, term, compensation, bond, oath, removal. The city council of the city shall have the power to appoint one or more policemen, one of whom shall be chief of police; a clerk; a treasurer; an attorney; and such other employees as the necessities of the city may demand. The terms of office of the employees of the city shall be as provided for by council through the adoption of personnel policies, and all of them shall take an oath to perform faithfully the duties of their respective offices and give such bond and security as may be required by the city council.
Section 3-2. City clerk, ex officio capacity designated; authority to appoint separate treasurer. The clerk of the city council of the city shall be ex officio treasurer of the city, and shall be ex officio a member of the board of tax assessors of the city, and the duties of the office shall be prescribed by the city council. The clerk shall be required to give such bond and security as the city council shall fix, conditioned upon faithful performance of the duties of treasurer of the city; provided, however, that should the city council see fit it may separate the offices of treasurer and clerk and elect a treasurer of the city, prescribe duties, fix a salary, and require bond and security.
Section 3-3. Fire department personnel; selection, status, regulation, compensation. The mayor and city council shall elect a chief of the fire department and any other officers and men thereof. They shall have power to prescribe all rules and regulations for the general management of the officers and men of this department and fix the salaries of the same. The chief and members shall be appointed, suspended, and removed as provided for by council through the adoption of personnel policies.
Article IV. General Powers of the City
Section 4-1. Enactment of ordinances, vote required; authority of mayor to vote; posting, publication. The city council of the city shall have power and authority to enact such ordinances from time to time as it may deem necessary to enforce the provisions of this charter, but no ordinance or other measure shall be passed unless it receives the vote of three councilmembers, if there is a full board of five present; or in the event a full board of five councilmembers is not present, no ordinance or other measure shall be passed unless it receives the votes of three councilmembers; provided, however, that in case of a tie the mayor shall have the right to vote, and any ordinance or other measure in such cases receiving the votes of two councilmembers and the mayor shall be passed and held of full force and effect. In no case shall the mayor have the right to vote upon any ordinance or measure, except in case of a tie; but it shall be his duty to vote in all cases where a tie arises, whether with a full vote of five present or not, and such vote, when cast, shall count as the vote of a councilmember in determining whether any ordinance has received the three votes necessary to pass. In the event a councilmember shall be disqualified from voting in accordance with the disqualification prescribed by the law

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of this state, or shall refuse to vote, a note of the refusal or disqualification shall be made upon the book of minutes and the remaining members of the council shall proceed to vote and act as if the councilmember were absent.
It shall be optional but not compulsory for the city council to have posted any measure, ordinance, or resolution at such places in the city as it may direct, for the information of the public, or it may have the same published in any newspaper of the city, but failure to so post or publish any ordinance, measure, or resolution shall in no wise operate to render same void.
Section 4-2. Regulations for general welfare. To carry into effect the powers conferred upon the mayor and city council by this charter or any future amendments to the charter by the General Assembly of this state, and for the preservation of the peace, good order, temperance, morality, and general welfare of the city and the inhabitants thereof, the city council shall have the power and authority to make and pass all needed bylaws, ordinances, resolutions, rules, and regulations not contrary to the Constitution and laws of this state.
Section 4-3. Control over finances, property of city. The city council shall have the power to control the finances and property of the city, to appropriate money, and to provide for the payment of the debts and expenses of the corporation.
Section 4-4. Executive powers of mayor. The mayor of the city shall see that all laws, ordinances, and resolutions of the city are faithfully enforced and executed and that all officers of the city shall faithfully discharge the duties required of them; he shall have general jurisdiction and supervision of the affairs of the city; he may exercise within the city the power conferred upon constables and sheriffs to suppress disorder and keep the peace; he shall have authority to inspect the books and papers of any agent, employee, or officer of the city; he shall, from time to time, and especially at the end of each official year, give the city council information relative to the affairs of the city; and he shall recommend for the consideration of the council such measures as he may deem fit.
Section 4-5. Fire and building regulations. The mayor and council shall have the power to fix and establish fire limits and from time to time to extend, enlarge, or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violation thereof; also the mayor and council shall have the power to regulate the erection and construction of buildings and all other structures, including but not limited to adoption of building, housing, plumbing, electrical, gas, energy, and heating and air-conditioning codes, and to provide by ordinance penalties for any violation of the same.
Section 4-6. Nuisances; designation, abatement. The mayor and city council are empowered to declare what shall constitute a nuisance within the limits of the City of Statesboro and to pass such ordinances as are necessary to prevent the same, and by ordinance they may empower the mayor's (recorder's) court of the city to abate same and authorize the removal of such nuisance within the city limits of the City of Statesboro and to punish the person, persons, firms, or corporations causing or allowing such nuisance to exist, and they may provide for the assessment of the expense of the removal of such nuisance against such person, persons, firms, or corporations causing or continuing same and may provide for the collection of such expense by execution, the execution to have the same force and effect as city tax executions.
Section 4-7. Procedure for the removal of noisome weeds and vegetable growth, (a) Authority. The mayor and city council of the City of Statesboro shall have the power and authority to require the owner, or his duly authorized agent, of any lot, tract, parcel of land, or premises in the City of Statesboro to cut and remove from the same, at any time that the city engineer of the city may deem necessary, any and all weeds or vegetable growth thereon which might endanger the public health. If, after 15 days from service of written notice to such owner or the owner's duly authorized agent by the city engineer of the city, the vegetable growth or weeds are not cut and removed, the mayor and city council may cut and remove the same and charge the expense of the same to the owner.

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(b) Execution. The mayor and city council shall have the authority to enforce the collection of the charges for cutting and removing such weeds or vegetable growth, when such charges are due and remain unpaid for a period of 30 days, by execution to be issued by the city clerk of the city against the owner of the premises from which the vegetable growth or weeds are cut and removed and such other person as may be liable therefor. The execution shall be a lien upon the premises and, when recorded upon the general execution docket of Bulloch County, Georgia, shall be a lien upon all of the property of the defendant in execution from the date of such record.
(c) Contents of notice. The notice required shall consist of a written notice delivered to the owner or his duly authorized agent, in person or by registered mail, signed by the city engineer of the City of Statesboro and directed to the property owner in the City of Statesboro requiring such property owner within 15 days after the date of the service of such notice to cut and remove any and all weeds or vegetable growth that may exist upon the land or premises of such property owner.
(d) Procedure on execution. The said execution shall be levied and the property sold in the manner now provided for the levy and collection of taxes by the City of Statesboro, and defenses available to the defendant in execution as well as the proceedings for filing a claim to the property levied upon by third persons shall in all respects be similar to the proceedings and provisions of the law applicable to the levy of execution for taxes in said city.
Section 4-8. Impoundment and redemption or sale of animals at large within the city. The mayor and city council shall have power and authority to prevent stock from running at large; to take up and impound any horse, cow, hog, goat, or other animal found at large within the corporate limits of the city; and to provide by the proper ordinance for the redemption or sale of the same; and to enact such laws and ordinances as may be considered necessary to carry out the provisions of this section.
Section 4-9. Parks; acquisition, improvement, maintenance. The mayor and city council shall have power and authority to purchase suitable vacant lands for parks and to pay for the same out of the current funds, and to accept gifts of land to be used as parks, and to improve and maintain the same, at any time they may deem necessary.
Section 4-10. Regulation of vehicles. The mayor and city council shall have power and authority to regulate the operation of motorized and nonmotorized vehicles and to exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; such power and authority shall include but not be limited to adopting uniform traffic codes for the regulation of traffic and prescribing penalties and punishment for violation thereof.
Section 4-11. Zoning rules, regulations, and ordinances, (a) The mayor and council are authorized to promulgate rules, regulations, and ordinances whereby the City of Statesboro, Georgia, may be zoned and districted for various uses, and other or different uses prohibited therein, and to regulate the use or uses for which such zones or districts may be set apart, and to promulgate rules, regulations, and ordinances for the development of real estate.
(b) The authority given to the City of Statesboro, Georgia, acting through its mayor and council or the governing authorities thereof to pass zoning and planning laws, is that provided in Article IX, Section II, Paragraph IV of the Constitution of Georgia.
Section 4-12. Procedure for the sale of municipal water, gas systems; referendum required. The mayor and city council of the City of Statesboro may not sell, rent, lease, or otherwise dispose of the municipal water system or the municipal gas system without first obtaining permission therefor by a referendum and election in which qualified voters of the city vote; and of all the voters voting in such referendum, at least a majority of whom must vote in favor of leasing, selling, renting, or otherwise disposing of the municipal water system or the municipal gas system before the mayor or council shall be authorized to perform such acts.

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Section 4-13. Grants of utility franchises. The mayor and city council are authorized and empowered by ordinance to grant franchises or make contracts for public utilities and public services; to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Georgia Public Service Commission.
Section 4-14. Restrictions upon grant of franchises; duration limited, renewal prohibited. The mayor and city council of the City of Statesboro shall grant a franchise to any electric power company, gas company, telephone company, telegraph company, or any other public or private utility which shall be for a period as specified by the council; the franchise when granted shall contain no renewal or continuation privileges and at the expiration of the franchise, it shall be necessary for said utility companies to obtain a new franchise from the mayor and city council.
Section 4-15. Issuance of bonds; purposes designated. The mayor and city council shall have full power and authority to issue bonds for the purpose of meeting and maturing outstanding bonds of the city and for any purposes of internal improvements whatever, under the Constitution and laws of Georgia regulating the issuing of municipal bonds.
Section 4-16. Existing ordinances preserved. This charter shall not abolish any of the ordinances now of force in the city, except where they may come in conflict with this charter, but shall preserve and continue the same in operation.
Article V. Recorder's Court
Section 5-1. Establishment, jurisdiction. There is established a recorder's court for the city, which shall be presided over by a recorder and which shall have jurisdiction of offenses against the laws and ordinances of said city.
Section 5-2. Authority of recorder's court. The recorder's court shall have the power to preserve order; to compel the attendance of witnesses; to compel the production of books and papers to be used as evidence; to punish for contempt; to punish witnesses for nonattendance; and to punish all persons who shall counsel, advise, aid, encourage, or intimidate a witness whose testimony is material or desired before the court. The court shall have the power to enforce its judgment by inflicting such penalties as may be provided by the ordinances of the city.
Section 5-3. Limit upon penalties which may be imposed by recorder's court. Punishment for any violation of a city law or ordinance, not otherwise provided in this article or by ordinance, and the punishment for contempt shall be one or more or all of the following punishments at the discretion of the court: a fine not exceeding $1,000.00; imprisonment in the city jail or in the county jail by permission of the county authorities for a period not exceeding 30 days; or work on the street, or such other places where the offender may be lawfully placed at work under the provisions of this charter, for a period not exceeding 30 days.
Section 5-4. Review of decisions of recorder's court. A review of a decision of the court shall be by certiorari to the Superior Court of Bulloch County as provided by law for certiorari in other cases.
Section 5-5. Time for recorder's court to begin to function. The recorder's court shall begin to function upon the completion of the legal requirements setting up the court.
Section 5-6. Selection, term, qualifications of recorder. The mayor and council of the City of Statesboro shall appoint a recorder. The recorder shall be a resident of Bulloch County and shall be at least 21 years of age and a practicing attorney who has practiced law for two years before his election.
Section 5-7. Compensation of recorder. The recorder shall be compensated in an amount determined each year by the mayor and city council, to be paid in equal monthly installments.

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Section 5-8. Who may act in case of the disqualification, illness, or absence of the recorder or in the event of a vacancy in office of recorder. In case of disqualification, illness, or absence from the city of the recorder or in the event of a vacancy in the office of the recorder, the mayor or any one of the councilmembers may act as recorders and have all the power and authority of recorder while acting as such.
Section 5-9. Procedure for removal of recorder; written charges, hearing required. The recorder shall be subject to removal at any time by a vote of the majority of the mayor and city council. Before removal, however, written charges must be preferred against him, setting out in detail the nature of the charges against him, which charges must be signed by one or more of the mayor and council. The recorder must be furnished with a copy of such charges and of the time when same will be heard, which must not be less than five days after a copy of such charges has been furnished him. Such hearings shall be public and the recorder shall have the right to be present and to call the witnesses he may desire in his own defense, but the action of the mayor and council in removing or in refusing to remove the recorder after such hearing or after he is given the opportunity to be heard shall be final, and there shall be no appeal from the action of the mayor and council.
Section 5-10. Clerk of recorder's court; designation, function. The chief of police or his appointee is designated as clerk of the court and shall attend all sessions and keep such records and documents for the use of the court as shall be required of him, keep and preserve order, issue summonses and subpoenas, and do all and other things necessary or required by the recorder of the court. In the event of the absence or illness of the chief of police, then the acting chief of police is designated as clerk of the court during the absence of the chief of police.
Article VI. Arrest
Section 6-1. Authority to issue warrants for arrest, to fix bail. The recorder or other authorized official designated under Georgia law, of the city is authorized to issue warrants for the arrest of all persons charged, upon affidavits made before him, with having committed within the limits of the City of Statesboro offenses against any penal law of the state, and to take examination of such persons, and the same to discharge or commit to prison or to let to bail, according to law, to answer such charge before the court having jurisdiction in the same manner as justices of the peace of the counties of the state, now or hereafter may have by law, all of which warrants shall be addressed to "the chief of police of Statesboro, Georgia, or any lawful policeman thereof, and to all and singular the sheriffs, deputy sheriffs, and constables of this state," and any one of the officers shall have the same authority to execute the warrants as the sheriffs of this state have to execute criminal warrants.
Section 6-2. Commitment for violation of penal laws of state. If, on the trial of any person before the mayor, (recorder) mayor pro tempore, (recorder) or city council for violation of any ordinance or law of the city, it shall appear that probable cause exists against such persons for violating the penal laws of the state, it shall be the duty of the court trying such person to commit such persons or person to prison or set bail, to answer before the court having jurisdiction of the same for the offense committed.
Section 6-3. Arrest without warrant; authority to summon assistance. It shall be lawful for the chief of police of the city, or any regular or special policeman thereof, to arrest without warrant any and all persons if the offense is committed in his presence or within his immediate knowledge, if the offender is endeavoring to escape, if the officer has probable cause to believe that an act of family violence, as defined in Code Section 19-13-1, has been committed, or for other causes if there is likely to be a failure of justice for want of a judicial officer to issue a warrant. The offender so arrested shall be held until a hearing of the matter before the proper officer can be had, and to this end the arresting officers are authorized to imprison and confine any person arrested by them in the city jail or in the county jail of Bulloch County for a reasonable length of time.

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The chief of police, regular or special policeman, shall have the power and authority to call to his assistance, in order to arrest and detain such offenders, the sheriff of the county or his deputies, any constable of the county, or members of other law enforcement agencies both state and federal.
Section 6-4. Authority to release prisoner upon posting appearance bond. The chief of police, or his appointee, shall have the right and privilege (though they shall not be compelled, if it would be dangerous, to allow their prisoner to run at large) to release any person arrested within the corporate limits of the city, upon such person giving a bond to be approved by the chief of police or his appointee or mayor (recorder), of the city, payable to the City of Statesboro, conditioned to pay the City of Statesboro an amount fixed by the chief of police or his appointee or mayor (recorder), and named in the bond, in the event the person arrested does not appear before the corporate authorities of this city at the time and place specified in the bond and from time to time until the person so arrested is tried for the offense for which he or she was arrested.
Section 6-5. Forfeiture of appearance bond. If any person who has been arrested, charged with a violation of any law or ordinance of the City of Statesboro, and has given bond for his or her appearance before the proper corporate authorities to answer such charge, fails to appear at the time and place specified in the bond, the bond shall be declared forfeited and a rule nisi directed to the principal and security shall issue directing and requiring them to show cause before the mayor's (recorder's) court, at a sitting of the court to be held not less than 60 days from the time of the forfeited nisi, why the bond should not be absolutely forfeited, copies of which rule nisi shall be served upon the principal and sureties on the bond at least 20 days before the sitting to which it is made returnable, either personally or by leaving same at the most notorious place of abode of the person upon whom service is perfected, or by publishing same once a week for four weeks prior to the sitting of the court, to which the same is returnable in the official organ of Bulloch County. If at such return term no sufficient cause be shown to the contrary, the forfeiture shall be made final and absolute, and execution shall issue against the principal and securities on the bond, or such of them as have been served, for the full amount thereof and all costs, which shall include the cost of publication, if service by that method is used, which execution shall be signed by the clerk of the council and mayor of the city, and shall have the same lien and binding effect upon the property of the defendants therein as executions issued upon judgments in the justice and superior courts of this state. The execution shall be directed to the chief of police of Statesboro, and to all and singular the sheriffs, deputy sheriffs, and constables of the state, by any one of whom the same may be levied.
Article VII. Municipal Claims
Section 7-1. Execution to enforce collection. The city council shall have the authority to enforce by execution the collection of any debt or claim due or to become due to the city for taxes, license fees, rents, impounding fees, fines, and forfeitures, for laying sewers and mains, and for abating nuisances, and for any and all levies, assessments, debts, or demands, due or to become due to the city; the executions to be issued by the clerk of the city council, signed by him and the mayor of the city, directed to the chief of police of the City of Statesboro, and to all and singular the sheriffs, deputy sheriffs, and constables of this state, by any one of whom the same may be executed, and who are authorized to levy the same upon the property against which it is issued, or on the property of the owner against whom such execution shall issue, and the same to be sold as provided by Article 6 of Chapter 5 of Title 48 of the O.C.G.A. in cases of sales for taxes.
Section 7-2. Payment of costs of execution, sale thereunder. The cost of the issuing and levying of any execution authorized by this charter, and of the sale of any property under the same, shall be paid by the person against whom the execution shall issue, or paid out of the proceeds of the property levied on and sold; and the city council of the city are authorized to prepare and establish a fee bill of the cost.

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Section 7-3. Time, place, manner of execution; sale, delivery of title, possession. It shall be the duty of the chief of police to levy all executions in favor of the city, and, after advertising for 30 days as sheriffs sales are advertised, he shall sell the property levied upon before the courthouse door in Bulloch County, on a regular sheriffs sale day, within the legal hours of sheriffs sales, at public outcry, to the highest bidder, and execute titles to purchaser, and shall have the same power to place the purchaser in possession as sheriffs of the state have; provided, however, should any of the property levied upon, as before provided, remain in the hands of the levying officer and is of a perishable nature or liable to deteriorate in value from keeping, or there is expense attending the keeping of the same (the same not being real estate), it may be sold as in such cases provided in Code Sections 9-13-163 and 9-13-164 of the O.C.G.A.; except that the order to sell shall be obtained from the mayor. In the event the executions are levied by any person authorized to levy and execute the same and not by the chief of police, the time, place, and manner of sale shall be the same as if levied by the chief of police.
Section 7-4. Force, effect of execution. The executions issued in accordance with the power and authority conferred by Section 9-8 of this charter shall have the same force and binding effect as other executions for taxes; in case they are for ad valorem taxes due the city, and in case they are for other taxes, licenses, fines, forfeitures, or demands due the city, shall have the same force and binding effect as executions issued from the superior courts and justice courts of this state, and may be levied by any officer to whom they are directed, upon any property in the state subject to execution.
Section 7-5. Defenses to executions. The same right and privilege shall belong to the person against whom executions issue to file an illegality to the execution, and to any person not a party to the execution to file a claim to the property levied on and give bond, as if the executions issued from a justice's or superior court of this state. The papers connected with claim or illegality cases shall be returned to that court, according to the amount involved, in Bulloch County, as provided by the laws of Georgia, which has jurisdiction to try such claims and illegalities. In the event the real estate levied on lies in another county, and a claim of illegality shall be filed, then such case shall be tried in that court in the county where the land lies, according to the amount involved, which has jurisdiction to try similar claims and illegalities.
Section 7-6. Officer conducting an execution sale to execute title, deliver possession. In all cases, the officers conducting a sale under the execution shall execute title to the property sold and put the purchaser in possession of the same.
Article VIII. Registration and Elections
Section 8-1. Registration cards of voters to be safeguarded by city clerk; time for registration. It shall be the duty of the city clerk to safeguard the uniform registration cards, issued by the Secretary of State, at city hall for the proper registration of the qualified voters of the City of Statesboro. Registration shall be during normal business hours on each business day with the exception of the period of 30 days before an election, and during the 30 day period, the registration shall remain closed insofar as registration of voters for the pending election is concerned.
Section 8-2. Registration of voters; oath of registrant. Any person desiring to register as an elector shall apply to a registrar or city clerk and shall furnish such officer with proper identification and information which will enable such person to fill in all blanks appearing on the registration card.
On completion of the form, the officer shall administer the oath to the applicant and then have the applicant sign it, and the officer shall attest it.
Section 8-3. Appeal from decision as to right to register; correcting, purging registration list. Any person to whom the right of registration is denied by the registration officer shall have the right to take an appeal to the superior court of the county; and any elector may enter an appeal to such court from the decision of the registration officer allowing any person to register. All appeals must be filed in writing with the city clerk within ten

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days from the date of the decision complained of and shall be returned by the city clerk to the office of the clerk of such court to be tried, de novo, as are appeals from the probate court. Pending an appeal and until the final judgment of the case, the decision of the registration officer shall remain in force.
The city clerk or registrar shall have the authority to purge the list of electors of all illegal voters such as (1) persons convicted of a crime, the penalty of which is disfranchisement, (2) persons disqualified by reason of an adjudication of idiocy or insanity, or (3) names of persons who have died, also (4) any person who has not voted in at least one general or special election or primary in the preceding three years or has not requested a continuation of registration. Persons who have not voted or requested continuation shall be given notice by first-class mail at their last known address within ten days after removal of their names, such notice to state substantially as follows:
"You are hereby notified that according to state law, your registration as a qualified voter will be canceled for having failed to vote within the past three years, unless you request a continuance of your registration in writing by ______________(month)
_____________(date) _______________(year)." Electors shall be given 20 days from removal date to request in writing a continuance
of their registration.
Section 8-4. List of voters to be furnished to, used by election managers. At least three days prior to the primary or election, the registrar shall file with the city clerk a certified copy of a list containing the names, addresses, and ZIP codes of all the electors found to be qualified. The list shall be alphabetically arranged by precincts, and it shall be the list of electors for the municipal election to be held in such year. The list shall be kept by the managers before them for their inspection during the election, and they shall not permit anyone to vote whose name does not appear on the list.
Section 8-5. Special elections. All elections held at any other time than the regular elections, as above provided for, such as for the issuing of bonds by the mayor and city council, and in all special elections for any purpose whatever, shall be conducted in accordance with the provisions of Chapter 3 of Title 21 of the O.C.G.A., known as the "Georgia Municipal Election Code."
Section 8-6. Election, terms of mayor and council. On December 5, 1986, the mayor and councilmembers of the City of Statesboro shall be elected to office in a special election for terms as hereinafter provided. One member shall be elected from each of Districts 1, 2, and 3. Two members shall be elected from District 4, which positions shall be denominated as Posts 4A and 4B. The mayor and all councilmembers shall each be elected for terms of office of four years and until their successors are elected and qualified. The mayor and councilmembers elected at the special election shall take office on the first Tuesday following the election. Thereafter, all shall be elected at the city election on the first Friday in December each four years after 1986 and shall take office on the first Tuesday in December after each election.
Section 8-7. Eligibility requirements of mayor, councilmembers. No person shall be eligible for the office of mayor of the city who has not been a resident thereof for one year or more continuously preceding the election, and who is not a qualified elector to vote in the city elections of the city. Nor shall any person be eligible for the office of councilmember of the city who is not eligible for the office of mayor, and who has not resided in the district which such person seeks to represent for at least six months immediately preceding the date of election.
Section 8-8. Entrance fees for candidates for office of mayor, councilmember, qualification date. All candidates for council posts shall qualify for the office they seek not more than 52 days nor less than 22 days prior to the election. All candidates for the office of councilman shall pay an entrance fee of $15.00, the fees to be paid to the city clerk at the time of qualification of candidates.
Section 8-9. Candidate for city council; election districts. For the purpose of electing members of the council of the City of Statesboro, the city shall be divided into election districts, as described below:

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District 1
Beginning at a point on the Western edge of North Main Street (Lakeview Road) at its intersection with the city limit boundaries of the City of Statesboro and running thence West and South along the existing city limits boundary to its intersection with Stockyard Road; running thence along the Eastern edge of Stockyard Road to its intersection with Williams Road; running thence along the Southern edge of Williams Road to its intersection with U.S. Highway 80 (Ga. Highway 26); running thence along the Northern edge of said highway right of way to its intersection with College Street; running thence South along the Eastern edge of College Street to its intersection with West Main Street; running thence East along the Northern edge of West Main and East Main Streets to the intersection with Main Street (Highway 301) and continuing thence along the Northern side of East Main Street, to its intersection with Savannah Avenue; running thence along the Northern side of Savannah Avenue to its intersection with Lee Street; running thence North on the Western edge of Lee Street to its intersection with
East Main Street; running thence East along the Northern edge of East Main Street to its intersection with the limits of the City of Statesboro; running thence Northerly along
the city limits boundary to its intersection with Ladd Circle; running thence along the center line of Ladd Circle to its intersection with North Main Street (Lakeview Road); and running thence along the center line of Lakeview Road to its intersection with the
Northern boundary of the limits of the City of Statesboro and the point of beginning. District 2
Beginning at the intersection of Williams Road and the Western city limits boundary
of the City of Statesboro and running thence South, following the boundary line of the city limits, to said boundary line's intersection with West Jones Avenue; thence along the Western edge of West Jones Avenue and continuing along the Southern edge of
West Jones Avenue to its intersection with Institute Street; running thence North along the Western boundary of Institute Street to its intersection with West Inman Street;
thence East along the Northern side of West Inman Street to its intersection with College Street; running thence North along the Western edge of College Street to its inter-
section with U.S. Highway 80 (Ga. Highway 26); running thence West and North along the Southern and Western edge of U.S. Highway 80 (Ga. Highway 26) to its intersection
with Williams Road; running thence West along the Southern edge of Williams Road to its intersection with the Western boundary line of the limits of the City of Statesboro and the point of beginning.
District 3 Beginning at the Southeastern corner of the intersection of West Main Street and Col-
lege Street and running thence South along the Southern edge of College Street to its intersection with Inman Street; running thence West along the Southern edge of West
Inman Street to its intersection with Institute Street; running thence South along the Eastern edge of Institute to its intersection with West Jones Avenue; running thence
West along the Southern edge of West Jones Avenue to its intersection with the city limits of the City of Statesboro; running thence along said city limits boundary line to its intersection with U.S. Highway 301 (South Main Street); running thence Northerly
along the Western edge of U.S. Highway 301 (Main Street) to its intersection with Tillman Road; running thence along the Northerly edge of Tillman Road to its intersec-
tion with Georgia Highway 67 (Fair Road); running thence South along the Eastern edge of Georgia Highway 67 (Fair Road) to its intersection with Herty Drive; running thence East along the Northern edge of Herty Drive to its intersection with Gentilly Road;
running thence North along the Western edge of Gentilly Road to its intersection with Brannen Street; running thence West along the Southern edge of Brannen Street to its
intersection with Granade Street; running thence North along the Western edge of Granade Street to its intersection with Inman Street; running thence West along the Southern edge of Inman Street to its intersection with Donehoo Street; running thence
North along the Western edge of Donehoo Street to its intersection with Savannah Avenue; running thence along the Southern edge of Savannah Avenue Westerly to its inter-
section with East Main Street; running thence Westerly along the Southern edge of East Main Street to the center of town and continuing thence on West Main Street along its Southern edge to its intersection with College Street and the point of beginning.

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District 4 Beginning at the intersection of the Eastern limits of the City of Statesboro and its
intersection with East Main Street and running thence South, following the boundary line of the city limits and Little Letts Creek, being the city limits line, to its intersection with Ga. Highway 67; continuing thence along said limits boundary line of the City of Statesboro to its intersection with U.S. Highway 301 (S. Main Street); running thence Northerly along the Southwestern edge of U.S. Highway 301 to its intersection with Tillman Road; running thence along the Southwestern edge of Tillman Road to its intersection with Ga. Highway 67; running thence South along the Western edge of Ga. Highway 67 to its intersection with Herty Drive; running thence along the Southern edge of Herty Drive to its intersection with Gentilly Road; running thence along the Eastern side of Gentilly Road Northerly to its intersection with Brannen Street; running thence along the Northern edge of Brannen Street to its intersection with Granade Street; running thence North along the Eastern edge of Granade Street to its intersection with Inman Street; running thence along the Northern edge of Inman Street to its intersection with Donehoo Street; thence North along the Eastern edge of Donehoo Street to its intersection with Savannah Avenue; thence East along the Southern edge of Savannah Avenue to its intersection with Lee Street; thence Northerly along the Eastern edge of Lee Street to its intersection with East Main Street; thence Easterly along the Southern edge of East Main Street to its intersection with the city limits boundary of the City of Statesboro.
Section 8-10. Qualifications of electors. All persons who are bona fide residents of the city, who are 18 years of age, who are citizens of the state and the United States, who shall have registered as an elector in the manner prescribed by law, and possess all other qualifications prescribed by law, shall be qualified electors.
Section 8-11. Election managers; functions, oath of office, selection, compensation. All elections shall be conducted in each election district by a board consisting of a chief manager, who shall be chairman of such board, and two assistant managers, assisted by clerks as provided in Code Section 21-3-33 of the O.C.G.A. The managers of each election district shall be appointed by the governing authority. Before entering on their duties, managers of the elections shall subscribe to the following oath:
"All and each of us do swear that we will faithfully superintend this day's election; that we will make a just and true return thereof and will not knowingly permit anyone to vote in this election unless we believe that such person is entitled to vote according to the law of the City of Statesboro; nor will we knowingly prohibit anyone from voting who is by law entitled to vote; so help us God;" the oath to be signed by each manager in the capacity in which such person acts. The oath may be administered by any person in the County of Bulloch authorized by law to administer oaths. The managers of such elections shall receive such compensation as may be fixed by the city council of the city.
Section 8-12. Conduct of election; hours for polls to remain open, certification of results. The polls at the elections held in and for the city shall be open from 7:00 A.M. to 7:00 P.M. when they shall be closed, and the managers of the election shall proceed to count the ballots and consolidate the returns of the election and certify the same. The managers shall prepare in ink three copies of a return showing the official count. One copy of such returns shall be immediately posted outside of the polling place or place of tabulation.
A second copy of the district returns, together with the write-in ballots, one or more of the paper proof sheets if the type of voting machine used is equipped with a mechanism for printing them, the oaths and certificates of poll officers, and the numbered list of voters shall be sealed in a separate envelope addressed to the city clerk and bearing a list of its contents on the outside. The envelope, together with an unsealed third copy of such returns and other election supplies, shall be immediately delivered by the managers into the custody of the superintendent of elections.
Immediately upon completing the returns required by this article, the superintendent shall deliver in sealed containers to the city clerk the used, unused,and void ballots and

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the stubs of all ballots used; the oaths of poll officers; and one copy of each numbered list of voters, tally papers, voting machine paper proof sheets, and returns involved in the primary or election. Such ballots and other documents shall be preserved under seal in the office of the city clerk for at least 24 months; and then they may be destroyed unless otherwise provided by order of the mayor and council if a contest has been filed or by court order, provided that the electors list, voter's certificates, and duplicate oaths of assisted electors shall be immediately returned by the superintendent to the county or municipal registrar as appropriate.
Section 8-13. Illegal voting. Any person who votes or attempts to vote at any primary or election, knowing that he does not possess all the qualifications of an elector at such primary or election as required by law, or who votes or attempts to vote at any primary in violation of Code Section 21-3-136 of the O.C.G.A. shall be guilty of a misdemeanor.
Section 8-14. Procedure to contest the results of election for mayor and councilmembers. A petition to contest the results of a primary or election shall be filed in writing with the city clerk within five days after the results of the election are declared by the governing authority. Upon the filing of the contest petition, a hearing shall be set before the governing authority of the municipality. Reasonable notice of the hearing shall be either personally delivered or forwarded by mail to all parties involved. The notice shall include a statement of the time, place, and nature of the hearing; a statement of the legal authority and jurisdiction under which the hearing is to be held; and a short and plain statement of the grounds for contest. Opportunity shall be afforded all parties to be represented by legal counsel and to respond and present evidence on all issues involved. The hearing shall be presided over by the mayor or such other individuals as the governing authority may appoint. Any member of the governing authority involved in the contest shall disqualify himself from judging the contest. The governing authority shall render its decision in writing within a reasonable time after such hearing and a copy of the decision shall be provided to all parties involved. The decision of the governing authority shall be considered a final determination of the contest unless appealed. If all members of the governing authority must disqualify themselves from judging the contest, the contestant may, within ten days of official notice of their disqualification, file an action in superior court.
The decision of the governing authority may be appealed to the superior court in the manner of appeal from a probate court, except that appeals shall be made within ten days after determination of the contest by the governing authority. The appeal of the decision of the governing authority shall be tried and determined in the county in which the city hall is located.
Section 8-15. Effect of filing notice of contest of election. In the event notice of a contest is filed as provided in the previous section, the mayor and councilmembers of the city then in office shall continue to perform their duties as such officers until the contest is settled and determined and until their successors are legally elected and qualified.
Section 8-16. Absentee voting. The City of Statesboro adopts and provides for absentee voting as outlined in Chapter 3 of Title 21 of the O.C.G.A., known as the "Georgia Municipal Election Code."
Section 8-17. Write-in candidate. No person elected on write-in vote shall be eligible to hold office unless notice of his intention of candidacy was given 20 or more days prior to the election by the person to be a write-in candidate, or by some other person or group of persons qualified to vote in the subject election, to the mayor or similar officer thereof, and by publication in the official organ of the municipality holding the election.
Article IX. Taxes and Licenses
Section 9-1. Business or occupation taxes; imposition, enforcement of provisions. The city council shall have power, subject to any limitations in general state law, to provide for the levying and collection of a business or occupation tax upon any trade, business, profession, or occupation except such as are exempt by law, carried on inside the city

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limits and upon inhabitants of the city who engage in or offer to engage in any profession, trade, business, or occupation in the city, and on such persons as live outside the limits of the city but who engage in or attempt or offer to engage in any profession, business, trade, or occupation not exempt by law, inside the limits of the city, as the city council may deem expedient for the safety, benefit, convenience, and advantage of the city. This tax shall be in the nature of a license, which must be paid in advance of practicing or engaging in such profession, trade, business, or occupation, and the city council shall provide by ordinance for the punishment of all persons required by ordinance to pay such occupation tax, or take out license for same, who engage in such business, trade, profession, or occupation before paying such tax or taking out such license and complying fully with all the requirements of the city council made in reference thereto.
Section 9-2. Licensing and regulation of businesses, trades, occupations, callings, and professions. The city council shall have full power and authority to license, regulate, and control by ordinance all businesses, trades, occupations, callings, and professions subject to any limitations in general state law under the laws of the State of Georgia as provided in Chapter 13 of Title 48 of the O.C.G.A.
Section 9-3. Effective date of licenses; prorating. All license, business, occupation, or similar taxes or fees imposed by the city shall be due and payable annually on January 1. In the event that any person commences business on any date after January 1 in any year, the full annual tax or fee, except as herein provided, shall be due and payable on the date of the commencement of the business. When any person commences business on or after July 1 in any year, the business, license, or occupation tax or fee shall be 50 percent of the tax imposed for the entire year.
Article X. Plumbing and Drainage
Section 10-1. Authority for establishment, maintenance, extension of sewerage and drainage system. The mayor and council of the city shall have authority to provide for the establishment and maintenance and extension from time to time of a system of sewerage and drainage for the city and shall have power and authority to contract with any person or persons for the purchase of lands or premises to be used in connection therewith, whether inside or outside the city, and shall have the authority and power to condemn private property, either inside or outside the city, in the manner provided for by law, for such purposes. The mayor and council shall have authority to purchase all machinery and plant, to make all contracts with the inhabitants of the city and with others for the furnishing of sewerage and drainage, and to do any and all things necessary for the establishment, operation, maintenance, and extension of the system of sewerage and drainage.
Section 10-2. Same - Bond election authorized. The mayor and council of the city shall have the authority and they are empowered to incur debt, including issuing general obligation or revenue bonds, for the purpose of establishing, improving, and extending a system of sewerage and drainage for the city, and for the purpose of carrying out the provisions of Section 10-1 of this charter, in a manner consistent with the Constitution of the State of Georgia and the general laws of the State of Georgia.
Section 10-3. Power, authority over pipes, sewers, private drains. The mayor and city council shall have full power and authority over and absolute control of all pipes, sewers, private drains for filthy waters or other substances or fluids in the city; and full power and authority to limit or prescribe their location and structure, use, and preservation and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of the city. They shall have full power and authority to limit or prescribe the kind of sewage disposal facilities or systems and other receptacles or drains for filthy water or other fluids or substances to be used within the corporate limits of the city. They shall have power and authority to condemn and destroy any individual sewage disposal facilities or systems or other receptacle or drain now in use or hereafter to be erected and put in use which do not conform to and are not of the kind prescribed for use by the mayor and council of the city and which may be detrimental to the public health.

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They shall also have full power and authority to compel all property owners to connect individual sewage disposal facilities or systems or other receptacles or drains on the premises of such property owners with the sanitary sewer of the city, under such rules and regulations as may be prescribed by them; and if such property owner shall fail to connect any individual sewage disposal facilities or system or other receptacles or drain within the time and in the manner prescribed, which time shall not be less than 30 days, the city authorities may cause such connection to be made and provide all necessary fixtures therefor and assess the cost of the same against the real estate of the property owner on which the same is done. The city clerk shall issue execution against the property owner and against the real estate so improved, which is declared to be a first lien on the real estate, superior to all other liens except liens for taxes; and the chief of police or marshal shall levy the same on the real estate, and advertise and sell the same in the manner as sheriffs sales under judgment and execution. The city may become the purchaser thereof if it chooses to offer the highest bid therefor at the sale. The officer making the sale is authorized to execute to the purchaser a deed to the property so sold, which shall pass the title thereto as fully and completely as sheriffs deeds under sales made by judgment and execution, and he shall proceed at once to dispossess the owner and put the purchaser in possession. The city authorities shall also have the right, power, and authority to arrest and prosecute the owner of such property and if on trial before the mayor's (recorder's) court, he is found guilty, to punish the owner for maintaining a nuisance.
The city authorities or any agent of the city shall have the right, power, and authority to enter and go upon or into any private house or other building for the purpose of inspecting the individual sewage disposal facilities or systems and other drains and pipes, to remove the same whenever condemned, and to insert the connections and fixtures necessary to connect the same with the sanitary sewers of the city, without being deemed a trespasser, or becoming responsible in any way to the owner or any tenant in possession of the same.
Article XI. Streets, Sidewalks, and Public Places
Section 11-1. General authority over streets, lanes, alleys, sidewalks, and public places. The mayor and city council shall have full and complete power and authority over all the streets, lanes, alleys, sidewalks, crossings, parks, and public lands of the city. They shall have full and complete power and authority to manage, control, direct, work, grade, drain, and pave the same, or cause the same to be done. They shall have full and complete power and authority to remove or cause to be removed any building, stall, booth, tent, steps, gate, fence, post, wire, pole, or other obstruction or nuisance thereon; and if the owner of the same shall fail or refuse to remove the same within such reasonable time as may be fixed by the mayor and city council, after notice thereto served upon such owner, his agent or tenant in charge, then the city authorities may remove the same at the owner's expense, and execution shall issue against the owner for the expenses thereof, and he shall be also subject to punishment for maintaining a nuisance. They shall have full and complete power and authority to regulate, lay out, open, grade, drain, and control new streets, lanes, alleys, crossings, and sidewalks whenever, in their discretion, it may be necessary or proper to do so. They shall have full and complete power and authority to condemn property and exercise the right of eminent domain for the purpose of laying out and opening new streets, lanes, alleys, and sidewalks and for extending, widening, straightening, grading, draining, or in any manner whatever changing the grade, street lines, and sidewalks of the city. And whenever the mayor and city council shall desire to exercise the power and authority granted in this section, they may do so whenever the land to be condemned is in the hands of an owner, trustee, executor, administrator, guardian, agent, or other fiduciary in the manner provided by Article IV, Section II, Paragraph V of the Constitution of the State of Georgia and Title 22 of the O.C.G.A.
Section 11-2. Authority to vacate, close, or abandon streets or alleys, to sell or alienate same. The mayor and city council of Statesboro are given the authority to vacate, close, or abandon certain streets or alleys or both when in the opinion of the mayor and city council of the City of Statesboro the vacating, closing, or abandonment of the streets

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or alleys will not inconvenience the general public. The mayor and city council are hereby given the right to sell or alienate streets or alleys or both and to give a title thereto as in other cases of sale of municipal property.
Section 11-3. Bonds for street improvements. The mayor and city council shall have power and authority to issue bonds for the purpose of street improvements including, but not limited to, paving in accordance with the Constitution and general laws of the State of Georgia.
Section 11-4. Scope of authority of mayor and council. The mayor and city council of the city are given power and authority to pass all ordinances and necessary legislation for the successful and effectual carrying out of the purposes and intent of the above and foregoing sections relating to paving, as to them may be deemed to the best interest of the city, and which shall not be in conflict with the Constitution and laws of Georgia.
Section 11-5. Authority to restrict use for business purposes. The mayor and city council shall have full power and authority to regulate the use of the streets of the City of Statesboro for business purposes, and no person, firm, or corporation shall have the right to use the streets of said City of Statesboro for business purposes without first having obtained the consent and license of the mayor and city council of the City of Statesboro.
Article XII. Local and Public Improvements
Section 12-1. Definitions. In this charter the word "street" includes street, avenue, alley, lane, sidewalk, footway, crosswalk, intersection, public square, and other public place or way, and any portion or part thereof; and the words "pave," "paving," "improve," and "improvement" include grading, curbing, paving, macadamizing, and constructing and placing gutters, storm and sanitary drainage, turnouts, water mains and water, gas, and sewer connections.
Section 12-2. Authority to establish, change street grade, to pave and improve streets. The mayor and city council of Statesboro, being the governing body of the city, are authorized and empowered to establish and to change the grade of, and to pave and otherwise improve, any street or streets, or any portion or part thereof, within the corporate limits of the city, whenever in their judgment the public welfare or convenience may require such improvement, subject only to the conditions and limitations herein prescribed.
Section 12-3. Railroad, street railway tracks running along street at time of improvement; improvement of right of way. Any railroad or street railway having tracks running along a street at the time of the proposed improvements as provided herein shall be required by the mayor and council to pave the width of its track and two feet on each side with the same materials and in the same manner as the rest of the street, and such work shall be done under the supervision and subject to the approval of the city's engineer; and if such railroad or city railway shall not, within a period of 30 days after the service of written notice to do such work, agree in writing to comply with such order, or if the work is not completed to the satisfaction of the city engineer within such time as may be determined by the mayor and council, the mayor and council may proceed to have the work done and charge the cost and expense thereof to the railroad or street railway company, to be paid by it in cash, and the same until paid shall constitute a lien against all the property of the railroad or street railway company located in the city, which lien shall have the same rank and priority and be subject to the same method of enforcement as the liens provided for in Article VII of this charter. The mayor and council may in their discretion require the paving to be of a different material and manner of construction.
Section 12-4. Effect of railroad right of way traversing city streets. When the right of way of any railroad company crosses any street within the limits of the city, such railroad company shall be deemed, for all the purposes of this charter, as the owner of the property on both sides of the street, to the extent of the full width of the right of way,

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irrespective of the use to which the same may be put or what portion thereof may be actually occupied by its tracks, and the railroad company shall enjoy all the rights and powers and be subject to all the penalties provided herein for individual property owners.
Article XIII. Repealers
Section 13-1. (a) Specific repealer. An Act creating a new charter for the City of Statesboro, approved August 17, 1912 (Ga. L. 1912, p. 1331), as amended, is repealed in its entirety.
(b) General repealer. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 2060. By Representative Maddox of the 7th:
A bill to create a board of commissioners of Gordon County; to provide for a chairman of the board; to provide for the election, oath, bond, powers, and duties of board members and for all other related matters; to repeal a specific Act; 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.

HB 2062. By Representative Dixon of the 151st:
A bill to amend an Act creating a board of commissioners for Ware County, so as to provide for the governing authority of Ware County.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating a board of commissioners for Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended, so as to provide for the governing authority of Ware County; to provide for the powers, duties, responsibilities, and authorities of the board of commissioners of Ware County; to provide for the election of members of the board of commissioners; to provide for commissioner districts; to provide for current members of the board of commissioners; to provide for a chairman and for his powers and duties; to provide for a vice-chairman and for his selection and powers and duties; to provide for meetings; to provide for vacancies; to provide for bonds and an oath of office; to provide for qualifications; to provide for compensation; 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. An Act creating a board of commissioners for Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended, is amended by striking Sections 1 through 9 and inserting in lieu thereof new Sections 1 through 9 to read as follows:

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"Section 1. (a) The governing authority of Ware County shall consist of a board of commissioners, one of whom shall be the chairman, and all of whom shall be elected as provided in this Act.
(b) The board of commissioners shall exercise all the duties, powers, responsibilities, and authorities vested in and imposed upon said commissioners by the Constitution and laws of the State of Georgia.
(c) Each commissioner shall represent and shall be elected by a majority of the qualified electors voting within his respective commissioner district. Each commissioner shall be elected for a term of office of four years and until his successor is elected and qualified and shall be elected at the general election immediately preceding the expiration of the term of office of the commissioner representing the commissioner district from which he seeks election. Each commissioner shall take office on the January 1 immediately following his election.
Section 2. For the purpose of electing commissioners to the board of commissioners of Ware County, Ware County shall be divided into five commissioner districts described as follows:
Commissioner District 1
Ware That part of Tract 9901 within the corporate limits of Waycross Tract 9902 Block Groups 1 and 2 Blocks 301 through 306 Blocks 403 through 405, 414 through 417, 419 through 423, 428 through 430, 432, and 433 Tract 9903 That part of Blocks 210 and 211 within the corporate limits of Waycross Blocks 414 through 421, 428 through 435, 441, 442, and 446 Blocks 501 through 545 That part of Block 599 within the corporate limits of Waycross Block Group 6 Blocks 701 through 707, 712, 714 through 723, and 741 through 744 Tract 9905 Block Group 1 Blocks 204 through 222 and 224 Blocks 505 through 532
Commissioner District 2
Ware Tract 9902 Block 307 That part of Block 308 within the corporate limits of Waycross Blocks 309 through 342 Blocks 401, 402, and 406 That part of Block 407 within the corporate limits of Waycross Blocks 408 through 413, 418, 424, and 425 That part of Block 426 within the corporate limits of Waycross

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Blocks 427, 431, and 434 through 448 That part of Block 507 within the
corporate limits of Waycross Tract 9903
Block Group 3 Blocks 401, 403 through 413, 422 through
427, 436 through 440, and 443 through 445 Blocks 708 through 711, 713, and 724 through 740 That part of Tract 9904 within the corporate limits of Waycross Tract 9905 That part of Block 201 within the
corporate limits of Waycross Block 202 That part of Blocks 223, 225, and 226 within
the corporate limits of Waycross Blocks 227 through 259 That part of Block 301 within the
corporate limits of Waycross Blocks 302 through 316 That part of Block 317 within the
corporate limits of Waycross Blocks 318 and 319 That part of Blocks 320 and 321 within
the corporate limits of Waycross Block 325 Blocks 401 through 433 That part of Blocks 434 and 435 within
the corporate limits of Waycross Blocks 436 through 438 That part of Block 440 within the
corporate limits of Waycross Blocks 501 through 504 and 533 through 540
Commissioner District 3
Ware Tract 9901 Blocks 201 through 270 That part of Block 271 outside the corporate limits of Waycross Blocks 272 through 283 Blocks 419 through 430 Blocks 537 through 540 That part of Block 601 outside the corporate limits of Waycross Tract 9902 That part of Block 308 outside the corporate limits of Waycross Those parts of Blocks 407 and 426 outside the corporate limits of Waycross That part of Block 455 which lies north of the Seaboard Coastline Railroad Blocks 501 through 506 That part of Block 507 outside the corporate limits of Waycross Blocks 508 through 524 Blocks 601 through 605 Block Group 8

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Tract 9903 Block Group 1 Blocks 201 through 209 Those parts of Blocks 210 and 211 outside the corporate limits of Waycross Blocks 212 through 247, 298, and 299 That part of Block 599 outside the corporate limits of Waycross
Commissioner District 4
Ware Tract 9901 Block Groups 1 and 3 Blocks 401 through 406 and 408 through 418 Blocks 501 through 536 and 541 through 564 Tract 9902 That part of Block 455 which lies south of the Seaboard Coastline Railroad Blocks 525 through 528 Blocks 606 through 612 Block Group 7 That part of Tract 9904 outside the corporate limits of Waycross That part of Tract 9905 outside the corporate limits of Waycross
Commissioner District 5
All of Ware County. Section 3. (a) Members of the board of commissioners of Ware County who are in office on January 1, 1986, and who represent Post 2, Post 3, Post 4, and Post 5 shall continue to serve until the expiration of the terms of office to which they were elected and until their successors are elected and qualified. The commissioner representing Post 2 shall be deemed to represent Commissioner District 4, the commissioner representing Post 3 shall be deemed to represent Commissioner District 3, the commissioner representing Post 4 shall be deemed to represent Commissioner District 2, and the commissioner representing Post 5 shall be deemed to represent Commissioner District 1. Successors to such commissioners shall be elected from the commissioner districts as provided in Section 2 of this Act. (b) The member of the board of commissioners of Ware County who is in office on January 1, 1986, and who represents Post 1 and who is chairman of the county commission shall continue to serve as such until the expiration of the term of office to which he was elected and until his successor is elected and qualified. The commissioner representing Post 1 shall be deemed to represent Commissioner District 5. Successors to such commissioner shall be elected from Commissioner District 5 as provided in Section 2 of this Act. (c) (1) At the general election held in 1986 and at the general election held every four years thereafter, a commissioner shall be elected to represent Commissioner District 1 and a commissioner shall be elected to represent Commissioner District 3. The commissioners so elected shall take office on January 1 following their election and shall serve for terms of office of four years and until their successors are elected and qualified.
(2) At the general election held in 1988 and at the general election held every four years thereafter, a commissioner shall be elected to represent Commissioner District 2, a commissioner shall be elected to represent Commissioner District 4, and a commissioner shall be elected to represent Commissioner District 5. The commissioners so elected shall take office on January 1 following their election and shall serve for terms of office of four years and until their successors are elected and qualified.

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Section 4. (a) The member of the board of commissioners elected from Commissioner District 5 shall be the chairman of the board of commissioners. It shall be the duty of the chairman to act as presiding officer at all meetings of the board of commissioners, and he shall be recognized as the ceremonial head of the county government but shall have no other administrative duties except as provided in this Act or such as may be delegated to him by the board of commissioners. It shall be the duty of the chairman to preserve order and decorum at all meetings of the board, to state every question coming before the board, to announce the decision of the board on all subjects, and to decide all questions of order; subject, however, to an appeal to the board, in which event a majority vote of the board shall govern and conclusively determine such question of the order. The chairman shall have the right to vote on all matters coming before the board and shall have the right to move or second the adoption of any resolution or other matter coming before the board.
(b) (1) At the first regular meeting in January of each year the board of commissioners shall select a vice-chairman. In the event of the death, disqualification, or resignation of the chairman, the vice-chairman shall perform the duties of chairman
until the selection of a new chairman by the board of commissioners. The vice-chairman shall preside at any meeting in the absence of the chairman. The term of the vice-chairman shall be one year; provided, however, a vice-chairman may be reelected by the board of commissioners.
(2) In the event of a vacancy in the office of vice-chairman the board of commis-
sioners of Ware County shall elect a successor to fill such vacancy. Section 5. (a) The board of commissioners of Ware County shall meet at least monthly
at such office or offices as may be designated by them at the Ware County Courthouse at Waycross, Georgia, for the transactions of all matters which by law come under the jurisdiction of said board.
(b) At all meetings all commissioners shall be required to vote on any issue, unless a commissioner shall have a conflict of interest, and each commissioner's vote shall be
recorded on the county minutes. In the event that a commissioner abstains from voting by reason of a conflict, he shall state the conflict, which will be recorded in the minutes.
Section 6. Any vacancy which occurs in the office of chairman or on the board of commissioners established by this Act and which has an unexpired term exceeding 180
days shall be filled for the unexpired term in the same manner as prescribed in the case of vacancy in the office of the clerk of the superior court. Any vacancy which occurs in
the office of chairman or on the board of commissioners established by this Act and
which has an unexpired term of 180 days or less shall be filled for the unexpired term by a person appointed by a majority of the members of the board of commissioners. Any
person so appointed to fill a vacancy on said board must be eligible to be elected to said vacant position.
Section 7. Before entering the duties of the office of chairman or commissioner, the chairman and each member of the board of commissioners shall take the oath required of all civil officers of this state and shall be bonded in the amount of $10,000.00 by a
good and solvent bonding company authorized to do business in this state. Said bond shall be approved by the judge of the Probate Court of Ware County and shall be filed
in the office of the probate court and shall be payable to the Governor of this state and his successor in office for the use of Ware County. Such bond shall be conditioned upon
the faithful performance of the duties of the office of chairman or commissioner. The cost of said bond shall be paid from the general funds of Ware County.
Section 8. (a) In order to be eligible to serve as a member of the board of commissioners of Ware County, a person must have been a bona fide resident and citizen of Ware County for two years immediately preceding the date of his election, must be
qualified and registered to vote in Ware County for members of the General Assembly of Georgia, and must be a resident of the commissioner district of which he is elected.
A commissioner must remain a resident of the respective district during the term in which he is elected, and the removal by a commissioner of his residence from the commissioner district shall vacate the office.
(b) In order to be eligible to serve as chairman of the board of commissioners of
Ware County, a person must have been a bona fide resident and citizen of Ware County

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for two years immediately preceding the date of his election and must be qualified and registered to vote in Ware County for members of the General Assembly. The chairman must remain a resident of Ware County during the term for which he is elected, and the removal by the chairman of his residence from the county shall vacate the office.
Section 9. The chairman of the board of commissioners shall be compensated in the sum of $6,000.00 per year. The other commissioners shall be compensated in the sum of $4,800.00 per year."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 2063. By Representatives Dover of the llth and Jamieson of the llth:
A bill to amend an Act incorporating the Town of Alto, so as to provide for staggered two-year terms for the mayor and council members; to provide for elections from posts by majority vote.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2064. By Representatives Martin of the 60th, Jackson of the 9th, Lawson of the 9th and Wood of the 9th:
A bill to amend an Act creating a new charter for the City of Buford, so as to change the corporate limits 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 2065. By Representative Martin of the 60th:
A bill to amend an Act creating a new charter for the City of Duluth, so as to change the provisions relating to the salaries of the mayor and members of the council; to change the provisions relating to the election of officers of the city; to change the provisions relating to the clerk.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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HB 2067. By Representative Colwell of the 4th: A bill to create a new charter for the City of East Ellijay, Georgia.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2069. By Representative Aiken of the 21st:
A bill to amend an Act authorizing the establishment of a Civil Service System in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, so as to provide for the withdrawal of certain departments from inclusion under the Cobb County Civil Service 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 2070. By Representative Aiken of the 21st:
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 authority of Cobb County the power to regulate and license businesses and to levy license fees and occupational taxes in the county (Res. Act No. 176).

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2071. By Representative Kingston of the 125th:
A bill to propose the incorporation and provide a proposed charter for the City of Islands in Chatham County.

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs moves to amend HB 2071 by adding on line 23 of page 31 after the word "of the following:
"the unincorporated area of". By adding on line 12 of page 32 after the word "in" the following: "the unincorporated area of. By adding on line 18 of page 32 after the word "voting" the following: "in the unincorporated area of Chatham County". By adding on line 28 of page 32 after the word "voting" the following:

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"in the unincorporated area of Chatham County".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 290. By Senator Gillis of the 20th:
A bill to amend an Act providing a new charter for the City of Soperton, so as to change the method of election of the members of council of the City of Soperton.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing a new charter for the City of Soperton, approved March 14, 1984 (Ga. L. 1984, p. 4212), so as to change the term of office of certain officers; to change the method of election of the mayor and members of council of the City of Soperton; to provide that the five members of council shall be elected from single-member districts; to provide for the election of the five members of council on the same date; to provide for election of the mayor from the city at-large; to provide that municipal elections shall be nonpartisan and that no primaries shall be held; to provide for submission of this Act under the federal Voting Rights Act of 1965; 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. An Act providing a new charter for the City of Soperton, approved March 14, 1984 (Ga. L. 1984, p. 4212), is amended by striking in its entirety Article V, relating to the election of mayor and council members, and inserting in its place a new Article V to read as follows:
"ARTICLE V ELECTIONS Section 5.10. Date of elections. The terms of the mayor and council members in office on July 1, 1986, shall expire on December 31, 1986. An election for the purpose of choosing successors to such incumbents shall be held on the third Wednesday in November, 1986. The elections for the City of Soperton shall be held biennially on the succeeding third Wednesday in November under such rules and regulations as may be adopted by the mayor and council which are not inconsistent with the provisions of this charter and the laws of Georgia. The candidates for said offices, when elected, shall take office on the first day of January following their election and shall serve for two years and until their successors are duly elected and qualified. Section 5.11. Posts. For purposes of municipal elections conducted in 1986, and biennially thereafter, a total of five council members shall be elected to serve from council member posts designated as Post 1, Post 2, Post 3, Post 4, and Post 5. Each of such council members must be a resident of the district described in Section 5.12 which has the same number as the post for which he or she seeks election. Each of such council members shall be elected by only the voters of the district which he or she seeks to represent. Section 5.12. Districts. For purposes of electing the council members from Posts 1 through 5, the City of Soperton is divided into five districts. Each of such districts shall consist of a portion of the City of Soperton bounded as follows:

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District 1: Beginning at a point where the center line of Georgia State Highway #46, known as the Eastman Road, intersects the city limits of the City of Soperton, from said point of beginning, proceed in a northeasterly direction along the center line of said Eastman Road to a point where the center line of said Eastman Road intersects with the center line of Mississippi Avenue; from said point run southeasterly along the center line of Mississippi Avenue to a point where the center line of Mississippi Avenue intersects the center line of First Street; from said point run along the center line of First Street in a southwesterly direction to a point formed by the intersection of the center line of First Street with the center line of Florida Ave; from said point run along the center line of Florida Ave. in a southeasterly direction to a point formed by the intersection of the center line of Florida Avenue with the center line of Third Street; from said point thence run along the center line of Third Street in a southerly direction to a point formed by the intersection of the center line of the said Third Street with the center line of Third Street and Fowler Street; thence run along the center line of Fowler Street in a southwesterly direction to a point formed by the intersection of the center line of Fowler Street with the city limits of the City of Soperton. Thence run in a northwesterly direction along the arc formed by the city limits of the City of Soperton to a point formed by the intersection of said city limits with the center line of the said Eastman Road and the point of beginning. Said District 1 comprises all of the property within the boundaries stated above.
District 2: Beginning at a point formed by the intersection of the center line of the Eastman Road with the city limits of the City of Soperton, run in a northeasterly direction along the centerline of said Hwy. 46 to a point formed by the intersection of the centerline of said Eastman Road with the centerline of Mississippi Avenue; from said point then run along the centerline of Mississippi Avenue in a northwesterly direction to a point formed by the intersection of the centerline of Mississippi Avenue with the centerline of Manning Street; from said point thence run along the centerline of Manning Street in a northeasterly direction to a point formed by the intersection of the centerline of Manning Street with the centerline of Georgia Ave.; from said point thence run along the centerline of Georgia Ave. in a northwesterly direction to a point formed by the intersection of the centerline of Georgia Avenue with the centerline of Carter Street; from said point thence run along the centerline of Carter Street in a northeasterly direction to a point formed by the intersection of the centerline of Carter Street with the centerline of Georgia State Highway 29, also known as Main Street or the Dublin Road; thence run along the centerline of said State Highway 29 in a northwesterly direction to a point formed by the intersection of said centerline of said State Highway #29 with the city limits of the City of Soperton; from said point thence run in a southwesterly direction along the arc formed by the city limits of the City of Soperton to a point formed by the intersection of said city limits with the centerline of the said Eastman Road and the point of beginning. Said District 2 comprises all of the property within the boundaries stated above.
District 3: Beginning at a point formed by the intersection of Fowler Street with the city limits of the City of Soperton in the southwestern part of Soperton, from said point of beginning run along the centerline of Fowler Street in a northeasterly direction to a point formed by the intersection of the centerline of Fowler Street and the centerline of Third Street; thence from said point run in a northerly direction along the centerline of Third Street to a point formed by the intersection of the centerline of Third Street with the centerline of Florida Avenue; thence run in a northwesterly direction along the centerline of Florida Avenue to a point formed by the intersection of the centerline of Florida Avenue with the centerline of First Street; thence run along the centerline of First Street in a northeasterly direction to a point formed by the intersection of the centerline of First Street with the intersection of the centerline of Mississippi Avenue; thence run in a northwesterly direction along the centerline of Mississippi Avenue to a point formed by the intersection of the centerline of Missis-
sippi Ave. with the centerline of Manning Street; thence run in a northeasterly direc-
tion along the centerline of Manning Street to a point formed by the intersection of
the centerline of Manning Street with the centerline of Georgia Avenue; thence run

MONDAY, MARCH 3, 1986

1917

in a northwesterly direction along the centerline of Georgia Avenue to a point formed by the intersection of the centerline of Georgia Avenue and the centerline of New Street; thence along the centerline of New Street in a northeasterly direction to a point formed by the intersection of the centerline of New Street and the centerline of Georgia State Highway #29, also known as the Dublin Road; thence in a southeasterly direction along the centerline of said State Highway #29 to a point formed by the intersection of the centerline of said State Highway #29 with the centerline of Smith Street; thence along the centerline of Smith Street in a northeasterly direction to a point formed by the intersection of the centerline of Smith Street and the centerline of Louisiana Avenue; thence along the centerline of Louisiana Avenue in a southeasterly direction to a point formed by the intersection of the centerline of Louisiana Avenue with the centerline of the Metter Road; thence along the centerline of the Metter Road in a northeasterly direction to a point formed by the intersection of the centerline of Metter Road, also known as State Highway 46, with the centerline of College Street; thence along the centerline of College Street in a southwesterly
direction to a point formed by the intersection of the centerline of College Street with the centerline of the Mt. Vernon Road; thence in a northerly direction along the
centerline of the Mt. Vernon Road to a point formed by the intersection of the centerline of the Mt. Vernon Road with the centerline of Sessions Road; thence in a south-
erly direction along the centerline of Sessions Road to a point formed by the intersection of the centerline of Sessions Road with the city limits of the City of
Soperton; thence along the arc formed by the city limits of Soperton in a northwesterly direction to a point formed by the intersection of said city limits with the centerline of Fowler Street and the point of beginning. Said District 3 comprises all
of the property within the boundaries stated above. District 4: Beginning at a point formed by the intersection of Georgia State High-
way #29, also known as Main Street and the Dublin Road with the city limits of the City of Soperton on the northwesterly side of said city, from said point of beginning
run along the centerline of said State Highway 29 in a southeasterly direction to a point formed by the intersection of the centerline of said State Highway 29 with the
centerline of Carter Street; thence run along the centerline of Carter Street in a southwesterly direction to a point formed by the intersection of the centerline of Carter
Street with the centerline of Georgia Ave.; thence run in a southeasterly direction along the centerline of Georgia Avenue to a point formed by the intersection of the
centerline of Georgia Avenue with the centerline of New Street; thence run along the centerline of New Street in a northeasterly direction to a point formed by the inter-
section of the centerline of New Street with the centerline of State Highway 29, also known as the Dublin Road and Main Street; thence run in a southeasterly direction
along the centerline of said State Highway #29 to a point formed by the intersection of the centerline of said State Highway 29 with the centerline of Smith Street; thence run in a northeasterly direction along the centerline of Smith Street to a point formed
by the intersection of the centerline of Smith Street and the centerline of Louisiana Avenue; thence in a southeasterly direction along the centerline of Louisiana Avenue
to a point formed by the intersection of the centerline of Louisiana Avenue with the centerline of Metter Road; thence along the centerline of Metter Road in a north-
easterly direction to a point formed by the intersection of the centerline of Metter Road, also known as State Highway #46 with the centerline of College Street; thence
run along the centerline of College Street in a southerly direction to a point formed by the intersection of the centerline of College Street with the centerline of Texas
Street; thence along the centerline of Texas Street in a southeasterly direction to a point formed by the intersection of the centerline of Texas Street with the centerline
of Moye Street; thence along the centerline of Moye Street in a southwesterly direction to a point formed by the intersection of the centerline of Moye Street with the
centerline of Louisiana Avenue; thence along the centerline of Louisiana Avenue in a southeasterly direction to a point formed by the intersection of the centerline of
Louisiana Avenue with the city limits of the City of Soperton on the southeasterly side; thence along the arc formed by the city limits of the City of Soperton in a north-
westerly direction to a point formed by the intersection of the said city limits of

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JOURNAL OF THE HOUSE,

Soperton with Georgia State Highway #29, also known as the Dublin Road and Main Street, and the point of beginning. Said District 4 comprises all of the property within the boundaries stated above.
District 5: Beginning at a point formed by the intersection of the centerline of Louisiana Avenue and the city limits of the City of Soperton on the southeasterly side of the said City of Soperton, from said point of beginning run along the centerline of Louisiana Avenue in a northwesterly direction to a point formed by the intersection of the centerline of Louisiana Avenue with the centerline of Moye Street thence run along the centerline of Moye Street in a northeasterly direction to a point formed by the intersection of the centerline of Moye Street and the centerline of Texas Street; thence run along the centerline of Texas Street in a northwesterly direction to a point formed by the intersection of the centerline of Texas Street and the centerline of College Street; thence run along the centerline of College Street in a southwesterly direction to a point formed by the intersection of the centerline of College Street and the centerline of the Mt. Vernon Road; thence run along the centerline of the Mt. Vernon Road in a northerly direction to a point formed by the intersection of the centerline
of the Mt. Vernon Road and the centerline of Sessions Road; thence run along the centerline of Sessions Road in a southerly direction to a point formed by the intersec-
tion of the centerline of Sessions Road and the city limits of the City of Soperton on the southern portion of said city; thence run a northeasterly direction along the arc formed by the city limits of the City of Soperton to a point formed by the intersection
of the city limits of the City of Soperton with the centerline of Louisiana Avenue on the southeasterly side of the City of Soperton, and the point of beginning. Said Dis-
trict 5 comprises all of the property within the boundaries stated above.
Section 5.13. Majority vote; election of mayor, (a) A person elected as a council member from any post shall be elected by a majority of the voters voting from that district for that office.
(b) The mayor shall be elected for a term of office of two years and until a successor is elected and qualified. A candidate for mayor must be a resident of the city and, if
elected, must continue to reside in the city. The mayor shall be elected by a majority of the voters voting for that office from the entire City of Soperton.
Section 5.14. Separate registration. The City of Soperton shall maintain its own voter registration system.
Section 5.15. Applicability of general laws, (a) The procedures and requirements for election of all elected officials of the City of Soperton as to special and general elections
shall be in conformity with the provisions of Chapter 3 of Title 21 of the O.C.G.A., the 'Georgia Municipal Election Code.'
(b) Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options or duties under Chapter 3 of Title 21 of the O.C.G.A., the 'Georgia Municipal Election Code.'
Section 5.16. Oaths. All oaths required to be administered to those persons elected to
serve as mayor and council members for the City of Soperton or appointed by the mayor and council to serve in an official capacity for the said city shall be administered by the
city attorney for the City of Soperton, with the exception that any oath required of the said city attorney shall be administered by the mayor of said city.
Section 5.17. Removal and forfeiture of office, (a) The mayor and each council
member shall be subject to removal from office and the office forfeited for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office;
(2) Conviction of a crime involving moral turpitude or a crime punishable as felony;
(3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law;
(4) Willful violation of any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or
(6) Failure for any other cause to perform the duties of office as required by this charter or by law.

MONDAY, MARCH 3, 1986

1919

(b) Removal of an elected officer provided for in this section from office may be accomplished by one of the following methods:
(1) By affirmative vote of three members of the mayor and council. In the event an elected officer is sought to be removed by the action of the mayor and council, such official shall be first entitled to a written notice specifying the grounds for removal and to a public hearing which shall be held not less than 30 days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the mayor and council to the Superior Court of Treutlen County for a jury trial. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or
(2) By an information filed in the Superior Court of Treutlen County as provided by Code Section 9-6-64 of the O.C.G.A., relating to quo warranto proceedings. Section 5.18. Nonpartisan elections; no primaries. Pursuant to the authority of Code Section 21-3-95 of the O.C.G.A., elections for mayor and council members shall be nonpartisan and there shall be no municipal primary elections."
Section 2. It shall be the duty of the city attorney for the City of Soperton to submit this Act to the United States Attorney General for review under the federal Voting Rights Act of 1965; and it shall be the duty of the mayor and the council members of the City of Soperton to direct and ensure that such submission is made by the said city attorney or some other attorney if the city attorney fails to act. It shall be the duty of the mayor and council members and the city attorney of the City of Soperton to ensure that such submission has been completed and approval obtained as soon as possible.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 592. By Senator Harrison of the 37th:
A bill to amend an Act creating a new charter for the City of Acworth, so as to change the provisions relating to the election of the mayor and aldermen; to provide for qualifications; to provide for entrance fees; to provide for election procedures; to provide for elections and run-off elections; to provide for staggered four-year terms of office.

The report of the Committee, which was favorable to the passage of the Bill, was 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 596. By Senator Trulock of the 10th:
A bill to provide for the composition of the Board of Education of Decatur County; to provide for the election of members of the board from education districts; to provide for filling vacancies on the board; to provide for the appointment of the county school superintendent by the board.

The following amendment was read and adopted:

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JOURNAL OF THE HOUSE,

The Committee on State Planning and Community Affairs moves to amend Senate Bill 596 as follows:
On Page 12, Line 7, delete the year "1992" and insert in lieu thereof the year "1988".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 598. By Senator Dean of the 31st:
A bill to amend an Act creating the office of tax commissioner of Polk County, so as to change the compensation of the tax commissioner.
The report of the Committee, which was favorable to the passage of the Bill, was 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, all local House and Senate Bills passed today were ordered immediately transmitted to the Senate.
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 313. By Senator Barnes of the 33rd:
A bill to amend Article 1 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to civil practice and procedure in general, so as to provide that in civil actions, the judges of the superior, state, and city courts shall be authorized but not required to reduce all or any part of their charges to the jury to writing and to send all or any part of charges so reduced to writing out with the jury during deliberation.
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 Y Argo
Y Athon Y Atkins
Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M

Beck Y Benefield
Benn Y Birdsong
Bishop Bolster Y Bostick Y Branch
Bray Y Brooks Y Brown.G Y Buck 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 Cooper
Y Copelan Y Couch Y 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 Y Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer
Groover Y Hamilton

Y Banner Y Harris Y Hasty Y Hays Y Heard Y Hill Y Holcomb Y Holmes
Y Hooks Home
Y Hudson Y Isakson Y Jackson,J
Jackson.N Y Jamieson
Johnson,D Y Johnson.F

MONDAY, MARCH 3, 1986

1921

Y Johnson.R YJohnson,S YKilgore Y Kingston Y Lane.D Y Lane.R
Lawler Y Lawrence YLawson
Lee.C YLee.W Y Under YLogan
Y Long Lord
Y Lucas Y Lupton Y Maddox YMangum

Y Martin.C Martin,J Matthews
Y McDonald Y McKelvey
McKinney Milam Y Milford Y Moody 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
Pinkston Y Porter Y Rainey
Ramsey.T Y Ramsey.V
Randall Y Ransom Y Ray Y Reaves
Y Redding Y Richardson Y Robinson.C Y Robinson.P Y Rosa Y Royal

Y Russell Y Selman Y Shepard Y Sherrod
Sinkfield Y Sizemore N Smith.L Y Smith.P Y Smith.T Y Smyre Y Snow 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 Watson Y Watts White Wilder Y Williams,B Y Wilhams,J Williams.R
Y Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy,Spkr

On the passage of the Bill, the ayes were 142, nays 1. The Bill, having received the requisite constitutional majority, was passed.

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

HB 1005. By Representatives Anderson of the 8th and Barnett of the 10th:
A bill to create a board of commissioners of Cherokee County consisting of three members elected from districts; to provide for the election and terms of office of the members of the board.

The following Senate substitute was read:

A BILL
To create a board of commissioners of Cherokee County consisting of three members elected from districts; to provide for the election and terms of office of the members of the board; to provide for a chairman of the board; to provide for filling vacancies; to provide for oaths; to provide for bonds; to provide for the compensation of the chairman and members of the board; to provide for meetings of the board; to provide for the powers, duties, and responsibilities of the board; to provide reports on financial affairs; to provide for county employees and for certain appointments; to provide for the internal organization of the county government; to provide for budgeting and auditing; to provide for the expenditure of county funds; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates; to repeal specific Acts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Board of Commissioners of Cherokee County, hereinafter referred to in this Act as "the board," is created as the governing authority of Cherokee County. The members of the board shall be elected and organized as provided in this Act, and the board shall exercise the powers, duties, and responsibilities vested in and imposed upon the board by this Act.
Section 2. (a) The board shall consist of three members. For the purpose of electing the members, Cherokee County is divided into three commissioner districts as follows:
Commissioner District No. 1
All the territory within the boundaries of Cherokee County

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JOURNAL OF THE HOUSE,

Commissioner District No. 2
Cherokee Tract 901 Block Group 1 Blocks 201 through 240 and 242 through 258 Tract 902 Block 122 Block 201 Tract 905 Blocks 101 through 147 That part of Block 148 north of the Etowah River Blocks 149 through 151 Block Groups 2 and 3 Tract 908 Block Group 1 Blocks 201 through 210 and 215 through 230 Blocks 301 through 314 Tract 909 Tract 910 Blocks 101 through 104, 111 through 122, 126, and 127
Commissioner District No. 3
Cherokee Tract 901 Block 241 Tract 902 Blocks 101 through 121, 139, 140, 143, and 144 Blocks 202 through 233 Block Group 3 Tracts 903 and 904 Tract 905 That part of Block 148 south of the Etowah River Tracts 906 and 907 Tract 908 Blocks 211 through 214 Blocks 315 through 318 Tract 910 Blocks 105 through 110 and 123 through 125 Tract 911
(b) The terms "Tract" and "Block" shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(c) Any part of Cherokee County which is not included in any commissioner district described in subsection (a) of this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia and Cherokee County.
Section 3. (a) One member of the board shall be elected from each of the commissioner districts provided for by Section 2 of this Act. The chairman of the board shall be the member elected from Commissioner District No. 1. Each candidate for election as a

MONDAY, MARCH 3, 1986

1923

member of the board shall specify the commissioner district for which the candidate is offering. Each member of the board shall have been a resident of the member's respective commissioner district for at least one year prior to the date of taking office as a member of the board and must remain a resident of the respective district during the term to which elected. All members of the board shall be citizens of Cherokee County who are at least 21 years of age on the date of taking office as members of the board.
(b) The board members shall be elected by a majority vote of the registered voters of Cherokee County.
Section 4. (a) The chairman of the board from Commissioner District No. 1 shall be elected at the general election of 1986 and shall take office on the first day of January, 1987, for a term of four years and until a successor is elected and qualified. The first members of the board from Commissioner Districts No. 2 and 3 shall be elected at the general election of 1986 and shall take office on the first day of January, 1987, for terms of two years and until their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified.
(b) All members of the board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
Section 5. The chairman of the board shall preside at meetings of the board and shall have such other and additional powers, duties, and responsibilities as provided by law or as the board by ordinance or resolution may delegate to the chairman.
Section 6. (a) In the event a vacancy occurs in the membership of the board by death, resignation, removal from the commissioner district from which elected, or for any other cause and the unexpired term of office is six months or less, the remaining members of the board shall appoint by majority vote a qualified resident of the commissioner district wherein the vacancy occurred to fill such vacancy for the unexpired term of office. If the members of the board fail to make the appointment within 15 days of the date the vacancy occurred, then the grand jury of the county shall appoint a qualified resident of the commissioner district wherein the vacancy occurred to fill such vacancy for the unexpired term of office.
(b) If a vacancy occurs when the unexpired term is more than six months, it shall be the duty of the election superintendent of Cherokee County, within ten days after the date of the vacancy, to issue the call for a special election to elect a qualified person to fill such vacancy for the unexpired term. Such special election shall be held within the commissioner district wherein the vacancy occurred. Any person elected to fill such vacancy shall have the qualifications for membership on the board. Any such special election to fill a vacancy shall be called and held in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code."
Section 7. Before entering upon the discharge of duties, each member of the board shall subscribe to an oath before the judge of the Probate Court of Cherokee County for the true and faithful performance of his or her duties and that he or she is not the holder of any unaccounted for public funds.
Section 8. Each member of the board shall give a satisfactory surety bond approved by the judge of the probate court and payable to said officer and filed in the office of the judge of the probate court in the sum of $25,000.00, conditioned upon the faithful performance of the duties of the member's office. The costs of such bonds shall be paid from the funds of Cherokee County.
Section 9. (a) Each member of the board, other than the chairman, shall receive an annual salary of $8,400.00, payable in monthly installments. The chairman of the board shall receive an annual salary of $40,000.00, payable in equal monthly installments. Such compensation shall be paid from the funds of Cherokee County.
(b) In accordance with an ordinance or resolution duly adopted by the board governing expenses of the members of the board and reimbursement of such expenses, each

1924

JOURNAL OF THE HOUSE,

member of the board may be reimbursed from county funds for all actual and necessary expenses incurred in the performance of official duties of office.
Section 10. At the first regular meeting in January of each year, the board shall provide by resolution for regular bimonthly meetings of the board. In addition to its regular meetings, the board may meet at any time on the call of the chairman or on the call of any two members of the board. Two members of the board shall constitute a quorum for the transaction of business but official action may be taken only by the affirmative vote of at least two members of the board.
Section 11. The board shall have the power to fix and establish, by appropriate resolution or ordinance duly adopted by the board, policies, rules, and regulations governing all matters within its jurisdiction as the governing authority of the county. The board may exercise the powers and shall be subject to the duties and responsibilities now or hereafter provided by the Constitution and general laws of this state relative to county governing authorities. Without limiting the generality of the foregoing, the following specific powers are vested in the board:
(1) To levy taxes; (2) To make appropriations; (3) To fix rates and charges for services provided by the county; (4) To authorize the incurring of indebtedness; (5) To order work done where the cost is to be assessed against benefited property and to fix the basis for such assessment; (6) To authorize and enter into contracts; (7) To establish, alter, open, close, build, repair, or abolish public roads, private ways, bridges, and ferries, according to law; (8) To establish, abolish, or change election precincts and militia districts according to law; (9) To allow the insolvent lists for the county; (10) To accept for the county the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county; (11) To create and change the boundaries of special taxing districts as authorized by law; (12) To fix the bonds of county officers where same are not fixed by statute; (13) To enact any ordinances, resolutions, or other legislation the county may be given authority to enact; (14) To determine the priority of capital improvements; (15) To call bond elections; and (16) To exercise all of the power and authority heretofore vested by law in the judge of the probate court when sitting for county purposes and delegated by law to the board of commissioners of Cherokee County, together with all power and authority which may hereafter be delegated by law to the governing authority of the county, by whatever name designated.
Section 12. The board is authorized to require all department heads to report on the general or specific conduct of the financial affairs of their respective offices. This section shall not apply to the departments of the elected county officers listed in Article IX, Section I, Paragraph III of the Constitution.
Section 13. (a) The board shall have the exclusive power and authority to appoint, remove, and fix the compensation of all employees of the county except the employees of the board of education of Cherokee County and the employees of the elected county officers listed in Article IX, Section I, Paragraph III of the Constitution. In addition, the board shall have the specific authority to hire a chief office administrator and to fix the salary of the chief office administrator.
(b) The appointment and removal of, and the compensation to be paid to, persons filling offices and positions created by state statute, where not otherwise prescribed by such statute, shall be made and fixed by the board.

MONDAY, MARCH 3, 1986

1925

Section 14. (a) The internal organization of the county government, including its various departments and administrative agencies, shall be as prescribed by ordinance or resolution of the board.
(b) The ordinances and resolutions of Cherokee County and the organization of the Cherokee County government in effect on December 31, 1986, shall continue in full force and effect until such time as the board created by this Act exercises its authority to repeal or modify such ordinances or resolutions or to change the internal organization of the county government.
Section 15. The board shall comply with the budgeting and auditing procedures and requirements set forth in Chapter 81 of Title 36 of the O.C.G.A., relative to budgets and audits of local governments.
Section 16. The expenditure of county funds shall be made in accordance with the county budget or amendments thereto adopted by the board. The board shall enforce compliance with this requirement by all departments of county government, including the departments of the elected county officers, and to this end, the board, by ordinance or resolution, shall institute a system to control county purchasing and to account for the expenditure of all funds budgeted and appropriated by the board.
Section 17. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Cherokee County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Cherokee County for approval or rejection. The election superintendent shall conduct that election on May 6, 1986, and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. 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 Cherokee County. The ballot shall have written or printed thereon the words:
YES Shall the Act which provides a board of commissioners for Cherokee County, consisting of a chairman and two members representing commis-
( ) NO sioner districts, elected by the voters of the entire county be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, the provisions of the Act necessary for the election in 1986 of the members of the board of commissioners shall be effective upon the certification of the results of the referendum, and this Act shall become effective for all purposes on January 1, 1987. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by Cherokee County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Section 18. If this Act is approved at the referendum provided for by Section 17, effective on January 1, 1987, an Act creating the office of Commissioner of Cherokee County, approved August 9, 1915 (Ga. L. 1915, p. 177), and all amendatory Acts thereof shall stand repealed in their entirety.
Section 19. All laws and parts of laws in conflict with this Act are repealed.

Representative Anderson of the 8th moved that the House agree to the Senate substitute to HB 1005.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

1926

JOURNAL OF THE HOUSE,

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

Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

HB 1953. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th, Phillips of the 120th and Lee of the 72nd:
A bill to amend Code Section 45-9-4 of the Official Code of Georgia Annotated, relating to state liability insurance and self-insurance, so as to provide for insuring and self-insuring liability of officers of the state for separate insurance and self-insurance in connection with abatement and removal of asbestos and other hazardous materials from state facilities.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:
HB 1225. By Representative Richardson of the 52nd:
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 restriction of child-care licenses under certain conditions.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

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.

Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the Senate were taken up for consideration and read the third time:

SR 339. By Senators Kennedy of the 4th, Bryant of the 3rd and Gillis of the 20th:
A resolution designating that portion of State Highway 67 in the unincorporated area of Bryan County as the Dr. W.K. Smith Highway.

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 Y Alien
Y Anderson YArgo

Y Athon Y Atkins
Y Auten Y Bailey
Balkcom
Y Bannister Y Bargeron Y Barnett,B

Y Barnett.M YBeck Y Benefield
Benn Birdsong Bishop Bolster Y Bostick

Y Branch YBray Y Brooks Y 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

MONDAY, MARCH 3, 1986

1927

Coleman Y Colwell Y Connell
Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings
Daughterly Y Davis
Dean Y Dixon YDobbs 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 Y Holmes Y Hooks
Home Y Hudson
Isakson Y Jackson,J
Jackson.N Y Jamieson Y Johnson.D Y Johnson.F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston Y Lane.D
Lane.R Lawler Y Lawrence Y Lawson YLee.C Y Lee.W

Linder Y Logan YLong YLord
Lucas Y Lupton Y Maddox Y Mangum Y Martin.C
Martin,,) 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 Y 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
Robinson.C Y Robinson.P YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod
Sinkfield Y Sizemore
Smith.L Y Smith,? Y Smith.T Y Smyre

YSnow Y Stancil Y Steinberg
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 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, the ayes were 146, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

SB 445. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to provide for certain issues that warrant either a downward or upward revision or modification of certain permanent alimony 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:

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 Y Benefield
Benn 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 Y Childers Y Childs N 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

YDobbs Y Dover N Dunn Y Edwards
Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene
Y Greer Y Groover Y Hamilton Y Banner Y Harris
Y Hasty YHays Y Heard
Hill Y Holcorob 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 Y Lawler Y Lawrence Y Lawson
YLee,C YLee.W
Y Linder Y Logan
YLong YLord Y Lucas Y Lupton Y Maddoi Y Mangum Y Martin.C
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 Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinkston
Y Porter Y Rainey Y Ramsey.T
Y Ramsey.V Randall
Y Ransom
YRay

1928

JOURNAL OF THE HOUSE,

Y Reaves N Redding Y Richardson
Robinson,C
YRobinson,P Y Ross
Y Royal Y Russell Y Selman

Y Shepard YSherrod
Sinkfield
YSizemore
Y Smith.L Y Smith P
Y Smith.T Y Smyre Y Snow

Y Stancil Steinberg
Y Thomas.C
Y Thomas.M
Y Thompson Y TWnsend
Triplet! Y Twiggs Y 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 Wi hams,J Y Wilhams.R
Y Wilson
Y Wood Y Workman
Y Yeargm Y Young
Murphy,Spkr

On the passage of the Bill, the ayes were 156, nays 3. The Bill, having received the requisite constitutional majority, was passed.

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

Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bills of the House:

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.

The President has appointed on the part of the Senate the following: Senators Hudgins of the 15th, Barker of the 18th, and Reddish of the 6th.

HB 1538. By Representative Ware of the 77th:
A bill to amend Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, so as to extend the time of operation of the chapter.

The President has appointed on the part of the Senate the following: Senators Stumbaugh of the 55th, Deal of the 49th and Barnes of the 33rd.

The Senate has agreed to the House amendment, as amended by the Senate, to the following Bill of the Senate:

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, suspension, nonrenewal, demotion, or reprimand of public school teachers and professional employees, so as to provide that certain notices required in such procedures must be given by certified mail.

The Speaker announced the House in recess until 1:45 o'clock, this afternoon.

MONDAY, MARCH 3, 1986

1929

AFTERNOON SESSION

The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 872. By Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th: A resolution commending the 1986 STAR students from Floyd County.
HR 873. By Representative Richardson of the 52nd: A resolution commending C. O. Templeton, Sr.
HR 874. By Representatives Padgett of the 86th and Cheeks of the 89th: A resolution recognizing and honoring Rev. Taylor Lee Osment.
HR 875. By Representative Greene of the 130th: A resolution commending Joseph Williams.
HR 876. By Representatives Benn of the 38th, Sinkfield of the 37th, McKinney of the 35th, Holmes of the 28th, Selman of the 32nd and others: A resolution commending Nadine Chatman.
HR 877. By Representatives Home of the 103rd, Groover of the 99th, Pinkston of the 100th and Lucas of the 102nd: A resolution commending Agnes Hatcher.
HR 878. By Representative Moultrie of the 93rd: A resolution commending John W. Henderson.
HR 879. By Representatives Russell of the 64th, Argo of the 68th and Logan of the 67th: A resolution commending Hiawatha Berry.
HR 880. By Representative Thomas of the 31st: A resolution commending Byllye Y. Avery.
HR 881. By Representative Thomas of the 31st: A resolution commending Mrs. Ruby Groomes.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:
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:

1930

JOURNAL OF THE HOUSE,

A bill to make and provide appropriations for the fiscal year beginning July 1, 1986, and ending June 30, 1987.

The following Senate substitute was read:

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 1986, and ending June 30, 1987; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the State fiscal year beginning July 1, 1986, and ending June 30, 1987, as prescribed hereinafter for such fiscal year, from funds from the Federal Government, and the General Funds of the State including unappropriated surplus and a revenue estimate of $5,316,000,000 for State fiscal year 1987.

PART I. LEGISLATIVE BRANCH

Section 1. Legislative Branch.

Budget Unit: Legislative Branch........................................................................$ 17,891,084

Personal Services - Staff ....................................................................................$ 7,696,617

Personal Services - Elected Officials................................................................! 2,955,447

Regular Operating Expenses..............................................................................! 1,748,372

Travel - Staff.......................................................................................................$ 97,800

Travel - Elected Officials ..................................................................................$

5,000

Motor Vehicle Equipment Purchases............................................................!

-0-

Publications and Printing .................................................................................$ 412,100

Equipment Purchases........................................................................................! 393,000

Computer Charges..............................................................................................! 396,500

Real Estate Rentals............................................................................................! 62,300

Telecommunications...........................................................................................! 595,200

Per Diem, Fees and Contracts - Staff.............................................................! 342,581

Per Diem, Fees and Contracts - Elected Officials .........................................$ 1,824,067

Postage.................................................................................................................! 141,300

Photography........................................................................................................! 71,000

Expense Reimbursement Account ....................................................................$ 1,132,800

Capital Outlay.....................................................................................................! 17,000

Total Funds Budgeted........................................................................................! 17,891,084

State Funds Budgeted ........................................................................................$ 17,891,084

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office

3,382,295

3,382,295

Lt. Governor's Office

429,013

429,013

Secretary of the Senate's Office

993,982

993,982

Total

4,805,290

4,805,290

MONDAY, MARCH 3, 1986

1931

House Functional Budgets

Total Funds

State Funds

House of Representatives and Research Office

$

7,099,572 $

7,099,572

Speaker of the House's Office

$

256,192 $

256,192

Clerk of the House's Office

$

1,002,437 $

1,002,437

Total

$

8,358,201 $

8,358,201

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office

$

1,854,705 $

1,854,705

Legislative Fiscal Office

$

1,362,830 $

1,362,830

Legislative Budget Office

$

728,050 $

728,050

Ancillary Activities

$

782,008 $

782,008

Total

$

4,727,593 $

4,727,593

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any state owned building other than the State Capitol, the committee shall measure the need for said space as compared to the space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction for legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst, Legislative Educational Research Council and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.

1932

JOURNAL OF THE HOUSE,

Section 2. Department of Audits. Budget Unit: Department of Audits..................................................................$ 10,120.156 Operations Budget: Personal Services.................................................................................................$ 8,491,466 Regular Operating Expenses.............................................................................! 261,200 Travel ...................................................................................................................$ 700,000 Motor Vehicle Purchases...................................................................................! 54,000 Publications and Printing .................................................................................$ 30,000 Equipment Purchases........................................................................................! 55,000 Per Diem, Fees and Contracts..........................................................................! 25,000 Real Estate Rentals............................................................................................! 238,490 Computer Charges..............................................................................................! 205,000 Telecommunications...........................................................................................! 60,000 Total Funds Budgeted........................................................................................! 10,120,156 State Funds Budgeted........................................................................................$ 10,120,156

PART II. JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court................................................................................! 3,204,000

Section 4. Court of Appeals. Budget Unit: Court of Appeals.............................................................................! 3,653,000

Section 5. Superior Courts.

Budget Unit: Superior Courts.............................................................................! 29,613.400

Operation of the Courts .....................................................................................$ 28,230,000

Prosecuting Attorneys' Council ........................................................................$ 564,000

Sentence Review Panel......................................................................................! 116,000

Council of Superior Court Judges....................................................................! 67,000

Judicial Administrative Districts .....................................................................$ 629,000

Habeas Corpus Clerk .........................................................................................$

7,400

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts ..................................................................................$ 244,002

Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education ..................................$ 289,150 Institute's Operations..............................................................................................! 270,000 Georgia Magistrate Courts Training Council.......................................................! 19,150

Section 8. Judicial Council.
Budget Unit: Judicial Council .................................................................................$ 644,100 Council Operations...................................................................................................! 553,000 Payments to Judicial Administrative Districts for Case Counting.................................................................................! 69,000 Board of Court Reporting.......................................................................................! 22,100

Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission................................................! 105,000

Section 10. Council of Magistrate Court Judges. Budget Unit: Council of Magistrate Court Judges.................................................! 20,000

Section 11. Council of Probate Court Judges. Budget Unit: Council of Probate Court Judges......................................................! 20,000

Section 12. Council of State Court Judges. Budget Unit: Council of State Court Judges ............................................................$ 9,500

MONDAY, MARCH 3, 1986

1933

PART III. EXECUTIVE BRANCH

Section 13. Department of Administrative Services.

A. Budget Unit: Department of Administrative Services................................! 16,906,466

Administrative Services Budget: Personal Services.........................................$ 32,881,811

Regular Operating Expenses............................................................................$ 6,930,557

Travel .................................................................................................................$ 196,000

Motor Vehicle Equipment Purchases............................................................$ 382,000

Publications and Printing ...............................................................................$ 160,000

Equipment Purchases.......................................................................................! 1,296,015

Computer Charges.............................................................................................$ 8,162,000

Real Estate Rentals...........................................................................................! 2,901,000

Telecommunications.........................................................................................! 633,154

Per Diem, Fees and Contracts........................................................................! 389,000

Rents and Maintenance Expense....................................................................! 19,487,000

Utilities...............................................................................................................!

39,000

Unemployment Compensation Reserve.......................................................!

-0-

Postage ...............................................................................................................$ 251,935

Payments to DOAS Fiscal Administration....................................................! 1,960,000

Direct Payments to Georgia Building

Authority for Capital Outlay ......................................................................$ 183,927

Direct Payments to Georgia Building

Authority for Authority Lease Rentals....................................................!

-0-

Direct Payments to Georgia

Building Authority for Operations...........................................................!

-0-

Telephone Billings.............................................................................................! 28,762,000

Materials for Resale ..........................................................................................$ 9,913,000

Public Safety Officers Indemnity Fund........................................................! 609,000

Health Planning Review Board Operations..................................................!

50,000

Georgia Golf Hall of Fame Operations..........................................................!

30,000

Unemployment Compensation Payments ...................................................$

-0-

Comprehensive General Liability Reserve Fund..........................................! 3,146,971

Hazardous Materials Liability Reserve Fund ..............................................$ 500,000

Utilization Adjustment...................................................................................!__(1191790)

Total Funds Budgeted......................................................................................! 118,744,580

State Funds Budgeted ......................................................................................$ 16,906,466

Department of Administrative Services Functional Budgets

Total Funds

State Funds

State Properties Commission

316,000

316,000

Departmental Administration

2,173,927

2,173,927

Treasury and Fiscal Administration Central Supply Administration

12,937,270 9,536,000

10,977,270 -0-

Procurement Administration General Services Administration

2,360,797 570,000

2,360,797 -0-

Space Management Administration

471,000

471,000

Data Processing Services Motor Vehicle Services Communication Services

46,090,453 2,465,000 33,559,000

727,262 -0-0-

1934

JOURNAL OF THE HOUSE,

Printing Services Surplus Property Services Mail and Courier Services Risk Management Services Utilization Adjustment Total

$

5,392,000 $

$

1,260,000 $

$

428,000 $

$

1,304,923 $

i

(119.790) $

$

118,744,580 $

-0-0-0-0(119,790) 16,906,466

..............$ -0-

Georgia Building Authority Budget:

Personal Services.................................................................................................$ 15,224,810

Regular Operating Expenses..............................................................................$ 11,104,860

Travel....................................................................................................................$

8,000

Motor Vehicle Equipment Purchases..............................................................$ 36,000

Publications and Printing .................................................................................$ 30,000

Equipment Purchases ........................................................................................$ 133,280

Computer Charges..............................................................................................$ 41,000

Real Estate Rentals............................................................................................$ 39,300

Telecommunications..........................................................................................^ 94,316

Per Diem, Fees and Contracts..........................................................................$ 133,800

Capital Outlay .....................................................................................................$ 230,000

Authority Lease Rentals....................................................................................$ 340,640

Utilities ...............................................................................................................$

-0-

Facilities Renovations and Repairs ................................................................$

-0-

Total Funds Budgeted........................................................................................$ 27,416,006

State Funds Budgeted......................................................................................$

-0-

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds

1,307,604

-0-

Custodial

3,561,225

-0-

Maintenance

3,146,284

-0-

Security

2,704,755

-0-

Van Pool

110,672

-0-

Sales

3,510,402

-0-

Administration Facility Renovations

13,075,064

-0-

-0-

-0-

Undistributed

-0-

Total

27,416,006 $

-0-

Section 14. Department of Agriculture. A. Budget Unit: Department of Agriculture......................................................$ 28,359,042
State Operations Budget: Personal Services.......................................................$ 24,593,000 Regular Operating Expenses..............................................................................$ 2,318,000 Travel ...................................................................................................................$ 852,000 Motor Vehicle Equipment Purchases..............................................................$ 696,552 Publications and Printing .................................................................................$ 606,000 Equipment Purchases ........................................................................................$ 307,000 Computer Charges..............................................................................................$ 258,270

MONDAY, MARCH 3, 1986

1935

Real Estate Rentals............................................................................................! 607,000 Telecommunications...........................................................................................! 358,000 Per Diem, Fees and Contracts..........................................................................! 318,000 Market Bulletin Postage....................................................................................! 547,000 Payments to Athens and Tifton
Veterinary Laboratories..................................................................................! 1,894,000
Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro .................................................................................................$ 1,390,500
Veterinary Fees...................................................................................................! 547,000 Indemnities..........................................................................................................! 114,000 Bee Indemnities..................................................................................................! 75,000 Advertising Contract..........................................................................................! 105,000 Payments to Georgia Agrirama Development
Authority for Operations ...............................................................................$ 330,000 Renovation, Construction, Repairs
and Maintenance Projects at Major and Minor Markets.............................................................................! 300,000 Capital Outlay.....................................................................................................! 225,000 Contract - Federation of Southern Cooperatives ..........................................$ 60,000 Tick Control Program........................................................................................! 50,000 Utilization Adjustment.....................................................................................! (310,280) Total Funds Budgeted........................................................................................! 36,241,042 State Funds Budgeted........................................................................................$ 28,359,042

Department of Agriculture Functional Budgets

Total Funds

State Funds

Plant Industry

3,548,000

3,097,000

Animal Industry

6,107,500

5,756,500

Marketing

1,842,000

1,837,000

General Field Forces

3,042,000

3,042,000

Internal Administration

3,713,822

3,649,822

Information and Education

1,265,000

1,265,000

Fuel and Measures

2,230,000

2,225,000

Consumer Protection Field Forces

5,217,000

4,161,000

Meat Inspection

3,821,000

1,544,000

Major Markets

3,660,000

410,000

Seed Technology

330,000

-0-

Entymology and Pesticides

1,775,000

1,682,000

Utilization Adjustment

(310,280)

(310,280)

Total

36,241,042

28,359,042

B. Budget Unit: Georgia Agrirama Development Authority......................................! -0Georgia Agrirama Development Authority Budget: Personal Services......................................................................................................! 459,000 Regular Operating Expenses...................................................................................! 115,000 Travel.........................................................................................................................! 7,000 Motor Vehicle Equipment Purchases....................................................................! 10,000

1936

JOURNAL OF THE HOUSE,

Publications and Printing .......................................................................................$ 16,000 Equipment Purchases ..............................................................................................$ 7,000 Computer Charges..................................................................................................! -0Real Estate Rentals................................................................................................! -0Telecommunications.................................. ...............................................................$ 8,000 Per Diem, Fees and Contracts................................................................................! 31,000 Capital Outlay...........................................................................................................! 126,000 Goods for Resale.......................................................................................................! 78,000 Total Funds Budgeted.............................................................................................! 857,000 State Funds Budgeted ...........................................................................................$ -0-

Section 15. Department of Banking and Finance. Budget Unit: Department of Banking and Finance.......................................-! 4,558,100 Administration and Examination Budget: Personal Services...................................................................................................! 3,755,867 Regular Operating Expenses...............................................................................! 171,000 Travel.....................................................................................................................! 313,133 Motor Vehicle Equipment Purchases................................................................! 50,800 Publications and Printing ...................................................................................$ 13,000 Equipment Purchases..........................................................................................! 7,000 Computer Charges................................................................................................! 89,000 Real Estate Rentals..............................................................................................! 158,000 Telecommunications.............................................................................................! 35,000 Per Diem, Fees and Contracts............................................................................! 10,500 Utilization Adjustment.......................................................................................! (45,200) Total Funds Budgeted..........................................................................................! 4,558,100 State Funds Budgeted ..........................................................................................$ 4,558,100

Section 16. Department of Community Affairs.

A. Budget Unit: Department of Community Affairs..........................................! 6,654,040

State Operations Budget:

Personal Services.................................................................................................! 4,218,000

Regular Operating Expenses.............................................................................! 137,000

Travel...................................................................................................................! 188,000

Motor Vehicle Equipment Purchases..............................................................!

7,000

Publications and Printing .................................................................................$ 78,000

Equipment Purchases........................................................................................! 20,000

Computer Charges..............................................................................................! 34,000

Real Estate Rentals............................................................................................! 206,000

Telecommunications...........................................................................................! 73,000

Per Diem, Fees and Contracts..........................................................................! 101,000

Capital Felony Expenses ...................................................................................$ 50,000

Contracts with Area Planning

and Development Commissions.....................................................................! 1,350,500

Local Assistance Grants.....................................................................................! 470,000

Appalachian Regional Commission Assessment ............................................$ 139,000

Community Development Block

Grants (Federal) ..............................................................................................$ 30,515,000

Juvenile Justice

Grants (Federal) ..............................................................................................$ 1,000,000

Grant - Richmond County...............................................................................!

-0-

Economic Development Grants ........................................................................$ 650,000

Payment to Georgia

Development Authority .................................................................................$ 375,000

Technical Assistance to S.D.A. .......................................................................$

-0-

Utilization Adjustment

.$ (36,460)

Total Funds Budgeted........................................................................................! 39,575,040

State Funds Budgeted ........................................................................................$ 6,654,040

MONDAY, MARCH 3, 1986

1937

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Executive and Administrative

$

3,091,738 $

3,034,738

Technical Assistance

$

2,273,829 $

1,051,793

Community and Economic Development

$

33,200,759 $

1,713,925

Intergovernmental Assistance

$

1,045,174 $

890,044

Utilization Adjustment

$

(36,460) $

(36,460)

Total

$

39,575,040 $

6,654,040

B. Budget Unit: Authorities ............................................................................................$ -0-

Operations Budget:

Personal Services .................................................................................................$ 2,902,441

Regular Operating Expenses.............................................................................! 269,957

Travel...................................................................................................................! 77,589

Motor Vehicle Equipment Purchases..............................................................! 75,018

Publications and Printing .................................................................................$ 74,601

Equipment Purchases........................................................................................! 40,959

Computer Charges..............................................................................................! 56,000

Real Estate Rentals............................................................................................! 236,291

Telecommunications...........................................................................................! 79,589

Per Diem, Fees and Contracts..........................................................................! 138,555

Rental Assistance Payments..............................................................................! 14,500,000

Grants to Housing Sponsors.............................................................................$__500jOOO

Total Funds Budgeted........................................................................................! 18,951,000

State Funds Budgeted......................................................................................!

-0-

Authorities Functional Budgets

Total Funds

State Funds

Georgia Residential Finance Authority

!

18,576,000 !

-0-

Georgia Development Authority

$

375,000 !

-0-

Undistributed

!

JL $

-0-

Total

!

18,951,000 $

-0-

Section 17. Department of Corrections.

A. Budget Unit: Departmental Operations........................................................$_2614871328

Departmental Operations Budget:

Personal Services.................................................................................................! 10,760,000

Regular Operating Expenses.............................................................................! 727,000

Travel...................................................................................................................! 366,000

Motor Vehicle Equipment Purchases............................................................!

-0-

Publications and Printing .................................................................................$ 65,000

Equipment Purchases........................................................................................! 99,000

Computer Charges...............................................................................................! 1,140,000

Real Estate Rentals.............................................................................................! 1,112,000

Telecommunications...........................................................................................! 321,000

Per Diem, Fees and Contracts...........................................................................! 1,054,000

Utilities.................................................................................................................! 50,000

County Subsidy....................................................................................................! 8,299,188

County Subsidy for Jails...................................................................................! 221,900

Court Costs..........................................................................................................! 350,000

1938

JOURNAL OF THE HOUSE,

Central Repair Fund ..........................................................................................$ 581,000

Grants for County

Workcamp Construction.................................................................................$ 1,000,000

Local Jail Equipment Grants...................................................................----.$

-0-

Grants for Local Jails ........................................................................................$ 500,000

Capital Outlay.....................................................................................................! 316,000

Utilization Adjustment.................................................--..----...................$ (254,760)

Total Funds Budgeted........................................................................................! 26,707,328

Indirect DOAS Funding................................................................................-!

-0-

State Funds Budgeted ........................................................................................$ 26,487,328

Departmental Operations Functional Budgets

Total Funds

State Funds

General Administration and Support

$

10,341,000

10,341,000

Adult Facilities and Programs

$

15,133,088

14,913,088

Training and Staff Development

$

1,488,000

1,488,000

Utilization Adjustment

$

(254,760)

(254,760)

Total

$

26,707,328

26,487,328

B. Budget Unit: Correctional Institutions,

Transitional Centers and

Support......................................................................................................$ 160,034,152

Institutional Operations Budget:

Personal Services....................................................................----....................$ 113,809,533

Regular Operating Expenses............................................................................$ 19,722,800

Travel..................................................................................................................!

90,163

Motor Vehicle Equipment

Purchases....................................................................-................--.........!

-0-

Publications and Printing...........................................................-..................!

90,000

Equipment Purchases..........................................-...-....................................! 2,096,110

Computer Charges............--.----.....................................................................!

-0-

Real Estate Rentals............................................----.-.......--------------.! 305,000

Telecommunications............................................----..----..............................$ 1,123,000

Per Diem, Fees and Contracts..........................................--------.----.----! 221,000

Utilities..................................................................................................--------! 7,618,000

Payments to Central State

Hospital for Meals..................................................------.-.------------! 2,464,000

Payments to Central State

Hospital for Utilities .....................................................................................$ 1,220,000

Payments to Public Safety

for Meals........................................................................................................! 287,000

Inmate Release Funds.......................................................------------------! 877,000

Health Service Purchases......................................................----.....--------.$ 11,600,000

Payments to the Medical

Association of Georgia for

Jail and Prison Health

Care Certification................................................................----.....--------!

46,000

University of Georgia

Cooperative Extension

Service Contracts..................................................................----------! 239,000

Minor Construction Fund.........................-..-..........-.----.--...------! 860,976

Authority Lease Rentals.........................................................................----! 440,000

Capital Outlay...........................................----...----...............----..------.!

-0-

MONDAY, MARCH 3, 1986

1939

Total Funds Budgeted................................. State Funds Budgeted

$ 161,553,152 ,,,,.$ 160,034,152

Correctional Institutions, Transitional Centers, and Support Functional Budgets

Total Funds

State Funds

Georgia Training and Development

Center

$

Georgia Industrial Institute

$

Alto Education and Evaluation Center

$

Georgia Diagnostic and Classification

Center

$

Georgia State Prison

$

Consolidated Branches

$

Middle Georgia Correctional Institution

$

Jack T. Rutledge Correctional Insti

tution

$

Central Correctional Institution

$

Metro Correctional Institution

$

Coastal Correctional Institution

$

Central Funds

$

D.O.T. Work Details

$

Food Processing and Distribution

$

Farm Operations

$

Dodge Correctional Institution

$

Transitional Centers

$

Augusta Correctional and

Medical Institution

$

Health Care

$

Richard H. Rogers

Correctional Institution

$

Forsyth Correctional Institution

$

Federal Grants

$

Utilization Adjustment

$

Total

$

C. Budget Unit: Board of Pardons and Paroles..................................................
Board of Pardons and Paroles Budget: Personal Services..........................................

2,045,000 $ 8,399,000 $ 1,538,000 $

2,045,000 8,399,000 1,538,000

9,313,000 $ 18,338,000 $ 14,478,000 $ 20,630,000 $

9,313,000 18,338,000 14,388,000 20,630,000

4,115,000 $ 3,561,000 $ 4,842,000 $ 4,642,000 $ 11,132,976 $
697,000 $ 12,768,000 $ 5,361,000 $ 3,587,000 $ 3,594,000 $

4,115,000 3,561,000 4,842,000 4,583,000 11,132,976
-012,120,000 5,336,000 3,587,000 3,594,000

6,156,000 $ 21,081,000 $

6,156,000 21,081,000

4,005,606 $ 2,826,000 $
-0- $ (1,556,430) $ 161,553,152 $

4,005,606 2,826,000
-0(1,556,430) 160,034,152

.......$ 14,697,340 $ 12,205,625

1940

JOURNAL OF THE HOUSE,

Regular Operating Expenses.............................................................................$ 331,970 Travel ...................................................................................................................$ 422,000 Motor Vehicle Equipment
Purchases .........................................................................................................$ 70,000 Publications and Printing .................................................................................$ 43,000 Equipment Purchases........................................................................................! 85,000 Computer Charges..............................................................................................$ 122,000
Real Estate Rentals............................................................................................$ 852,000
Telecommunications...........................................................................................! 347,000
Per Diem, Fees and Contracts..........................................................................! 64,000
County Jail Subsidy ...........................................................................................$ 293,895 Utilization Adjustment.......................................................----------! (139,150)
Total Funds Budgeted.......................................................................................-! 14,697,340
State Funds Budgeted ........................................................................................$ 14,697,340

D. Budget Unit: Georgia Correctional

Industries...............................................................................................................! -0-

Georgia Correctional Industries

Budget:

Personal Services.................................................................................................! 2,499,192

Regular Operating Expenses..............................................................................! 1,067,950

Travel...................................................................................................................! 66,400

Motor Vehicle Equipment

Purchases.........................................................................................................! 198,000

Publications and Printing..................................................................................! 8,800

Equipment Purchases........................................................................................! 310,000

Computer Charges..............................................................................................! 1,985

Real Estate Rentals............................................................................................! 81,650

Telecommunications...........................................................................................! 75,000

Per Diem, Fees and Contracts..........................................................................! 270,000

Cost of Sales.........................................................................................................! 6,380,000

Repayment of Prior Year's

Appropriations.................................................................................................! 84,000

Capital Outlay...................................................................................................!_____-0-

Total Funds Budgeted........................................................................................! 11,042,977

State Funds Budgeted......................................................................................!

-0-

E. Budget Unit: Division of Probations .............................................................$ 35,363,099

Operations Budget:

Personal Services.................................................................................................! 34,498,969

Regular Operating Expenses.............................................................................! 864,900

Travel...................................................................................................................! 705,000

Motor Vehicle Equipment

Purchases........................................................................................................!

-0-

Publications and Printing.................................................................................! 94,700

Equipment Purchases........................................................................................! 213,400

Computer Charges.............................................................................................!

-0-

Real Estate Rentals.............................................................................................! 1,087,000

Telecommunications...........................................................................................! 471,600

Utilities.................................................................................................................! 326,000

Per Diem, Fees and Contracts..........................................................................! 12,000

Capital Outlay.....................................................................................................! 840,000

Utilization Adjustment .....................................................................................$ (322,470)

Total Funds Budgeted........................................................................................! 38,791,099

State Funds Budgeted ........................................................................................$ 35,363,099

Division of Probations Functional Budgets

Total Funds

State Funds

Probation Administration

!

773,000 !

773,000

MONDAY, MARCH 3, 1986

1941

Probation Field Operations

31,343,569

28,703,569

Diversion Centers

6,997,000

6,209,000

Utilization Adjustment

(322,470)

(322,470)

Total

38,791,099

35,363,099

Section 18. Department of Defense.

Budget Unit: Department of Defense .................................................................$ 4,444,333

Operations Budget:

Personal Services .................................................................................................$ 6,143,967

Regular Operating Expenses..............................................................................! 1,677,000

Travel ...................................................................................................................$ 60,000

Motor Vehicle Equipment

Purchases .........................................................................................................$ 10,000

Publications and Printing .................................................................................$ 40,000

Equipment Purchases ........................................................................................$ 107,850

Computer Charges..............................................................................................! 18,000

Real Estate Rentals ............................................................................................$

8,000

Telecommunications...........................................................................................! 76,000

Per Diem, Fees and Contracts..........................................................................! 141,000

Utilities..................................................................................................................! 1,655,000

Grants to Locals

EMA (P&A) M/S.............................................................................................$ 1,498,000

Grants - Others...................................................................................................! 41,000

Georgia Military Institute Grant......................................................................! 18,000

Civil Air Patrol Contract...................................................................................! 42,000

Capital Outlay...................................................................................................!

-0-

Grants to Armories.............................................................................................! 510,000

Repairs and Renovations...................................................................................! 71,000

Utilization Adjustment.....................................................................................! (65,530)

Department of Defense Functional Budgets

Total Funds Budgeted........................................................................................! 12,051,287

State Funds Budgeted ........................................................................................$ 4,444,333

Department of Defense Functional Budgets

Total Funds

State Funds

Office of the Adjutant General

2,487,560

995,560

Georgia Emergency Management Agency

1,741,000

1,355,071

Georgia Air National Guard

2,917,700

399,675

Georgia Army National Guard

4,970,557

1,759,557

Utilization Adjustment

(65,530)

(65,530)

Total

12,051,287

4,444,333

Section 19. State Board of Education - Department of Education.

Budget Unit: Department of Education ......................................................$ 1,912,209,777

Operations: Personal Services..........................................................................! 32,440,082

Regular Operating Expenses........................................................................! 3,268,210

Travel..............................................................................................................! 1,042,401

Motor Vehicle Equipment Purchases........................................................!

115,000

Publications and Printing............................................................................!

510,375

Equipment Purchases ..................................................................................$

265,815

Computer Charges.........................................................................................! 8,239,140

Real Estate Rentals.......................................................................................! 1,997,335

1942

JOURNAL OF THE HOUSE,

Telecommunications.....................................................................................$

610,088

Per Diem, Fees and Contracts.....................................................................$ 9,158,755

Utilities............................................................................................................$ 1,098,045

Capital Outlay................................................................................................$ 1,030,000

OBE Formula Grants:

Kindergarten..............................................................................................! 115,416,525

Grades 1-3...................................................................................................$ 316,614,350

Grades 4-8...................................................................................................$ 373,213,685

Grades 9-12.................................................................................................$ 200,079,797

Indirect Cost...............................................................................................$ 325,581,790

High School Laboratories .........................................................................? 55,846,916

Vocational Education

Laboratories............................................................................................? 64,725,749

Special Education......................................................................................? 99,887,360

Gifted...........................................................................................................$ 9,967,685

Remedial Education ..................................................................................$ 12,804,969

Staff Development.....................................................................................? 5,709,552

Media...........................................................................................................$ 59,364,193

Pre-Paid Teacher Retirement.................................................................? (142,000,000)

July/August APEG Salaries .....................................................................$ 231,464,756

Pupil Transportation ....................................................................................$ 97,986,983

Isolated Schools.............................................................................................$

854,310

Longevity Steps Increase..............................................................................$ 10,800,728

Local Fair Share ...........................................................................................$ (263,231,651)

Other QBE Categorical Grants:

Equalization Formula................................................................................? 83,793,933

Grants for Contract

Transfer Payment..................................................................................?

-0-

Sparsity Grants.........................................................................................?

500,000

Education of Children of

Low-Income Families ............................................................................$ 78,364,380

Retirement..................................................................................................? 1,700,000

Instructional Services for

the Handicapped....................................................................................? 22,688,125

Tuition for the Multi-handicapped.........................................................? 1,472,000

Severely Emotionally Disturbed..............................................................? 25,484,215

School Lunch (Fed.)..................................................................................? 121,090,490

School Lunch (State) ................................................................................$ 19,970,920

Innovative Programs.................................................................................?

548,000

Supervision and Assessment

of Students and Beginning

Teachers and Performance

Based Certification................................................................................? 4,952,385

Cooperative Educational

Service Areas..........................................................................................? 5,052,795

Georgia Learning Resources System.......................................................? 1,228,304

High School Program................................................................................? 14,574,725

High School Program

(Salaries; July/August)..........................................................................? 3,579,853

Special Education/

State Institutions...................................................................................? 2,689,867

Governor's Scholarship ............................................................................$

500,000

Special Projects.........................................................................................?

181,000

Job Training and

Partnership Act......................................................................................$ 2,860,000

Vocational Research and

Curriculum.............................................................................................?

366,540

MONDAY, MARCH 3, 1986

1943

Adult Education.........................................................................................$ 3,481,909

Salaries and Travel of

Public Librarians ....................................,,.............................................$ 7,589,363

Public Library Materials ..........................................................................$ 4,133,430

Talking Book Centers ..............................................................................$

737,570

Public Library M & O ..............................................................................$ 3,204,525

Special Education/Hold Harmless ..........................................................$ 7,738,861

Health Insurance - Non

Certificated Personnel...........................................................................$ 21,624,000

Teacher Health Insurance

Retired Teachers....................................................................................$ 7,807,000

Grants to Local School

Systems for Educational

Purposes..................................................................................................! 78,000,000

Payment of Federal Funds

to Board of Postsecondary

Vocation Education ...............................................................................$ 10,440,540

Child Care Lunch

Program (Federal)..................................................................................$ 14,261,645

Local School

Construction (Asbestos) ........................................................................$ 3,100,000

Chapter II - Block Grant

FlowThrough....,........................................................................................$ 8,702,655

Utilization Adjustment.......................................................................-.---------.!? (298,300)

Total Funds Budgeted...................................................................................$ 2,196,983,673

Indirect DOAS Services

Funding .......................................................................................................$

-0-

State Funds Budgeted ...................................................................................$ 1,912,209,777

Education Functional Budgets

Total Funds

State Funds

Instructional Services

$

7,096,467 $

4,401,532

Governor's Honors Program

$

820,720 $

805,720

Vocational Education

$

5,288,340 $

2,525,790

Public Library Services

$

1,864,500 $

867,500

State Administration

$

10,552,205 $

9,547,310

Administrative Services

$

8,718,855 $

5,618,675

Planning and Development

$

9,922,619 $

9,062,289

Professional Standards Commission

$

183,410 $

183,410

Vocational Advisory Council

$

156,405 $

-0-

Professional Practices Commission

$

459,150 $

459,150

Georgia Academy for the Blind

$

3,853,370 $

3,552,940

Georgia School for the Deaf

$

6,176,430 $

5,996,715

Atlanta Area School for the Deaf

$

4,682,775 $

4,440,460

Local Programs Utilization Adjustment Total

$ 2,137,506,727 $ 1,865,046,586

i

(298,300) $

(298,300)

$ 2,196,983,673 $ 1,912,209,777

1944

JOURNAL OF THE HOUSE,

Section 20. Employees' Retirement System.

Budget Unit: Employees' Retirement System ...................................................$ 1,600,000

Employees' Retirement System Budget:

Personal Services..................................................................................................! 740,000

Regular Operating Expenses...............................................................................! 12,000

Travel .....................................................................................................................$ 7,500

Motor Vehicle Equipment Purchases ..............................................................$

-0-

Publications and Printing ...................................................................................$ 22,000

Equipment Purchases..........................................................................................! 1,000

Computer Charges................................................................................................! 174,000

Real Estate Rentals..............................................................................................! 101,000

Telecommunications.............................................................................................! 12,000

Per Diem, Fees and Contracts............................................................................! 555,000

Postage...................................................................................................................! 65,000

Benefits to Retirees...............................................................................................! 1,600,000

Employer Contribution........................................................................................!____-0-

Total Funds Budgeted..........................................................................................! 3,289,500

State Funds Budgeted ..........................................................................................$ 1,600,000

Section 21. Forestry Commission. Budget Unit: Forestry Commission ...................................................................$ 28,434,738 State Operations Budget: Personal Services.................................................................................................! 22,268,863 Regular Operating Expenses..............................................................................! 5,558,150 Travel...................................................................................................................! 134,000 Motor Vehicle Equipment Purchases...............................................................! 1,334,000 Publications and Printing .................................................................................$ 87,000 Equipment Purchases.........................................................................................! 2,182,810 Computer Charges..............................................................................................! 59,000 Real Estate Rentals............................................................................................! 28,000 Telecommunications...........................................................................................! 572,000 Per Diem, Fees and Contracts..........................................................................! 171,000 Contractual Research.........................................................................................! 250,000 Payments to the University of Georgia, School of Forestry for Forest Research ........................................................................................$ 300,000 Ware County Grant............................................................................................! 90,000 Wood Energy Program ......................................................................................$ 68,000 Capital Outlay.....................................................................................................! 139,725 Utilization Adjustment.......................................................................-....---! (260,760)
Total Funds Budgeted........................................................................................! 32,981,788 State Funds Budgeted ........................................................................................$ 28,434,738

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation

$

3,109,597 $

996,547

Field Services

$

28,220,342 $

25,794,342

Wood Energy

$

68,000 $

68,000

General Administration and Support

$

1,844,609 $

1,836,609

Utilization Adjustment

$

(260,760) !

(260,760)

Total

!

32,981,788 !

28,434,738

Section 22. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation ................................................$ 28,703,027

MONDAY, MARCH 3, 1986

1945

Operations Budget:

Personal Services.................................................................................................$ 18,525,207

Regular Operating Expenses..............................................................................! 1,777,730

Travel...................................................................................................................$ 528,000

Motor Vehicle Equipment Purchases...............................................................! 1,145,550

Publications and Printing .................................................................................$ 93,750

Equipment Purchases........................................................................................! 654,830

Computer Charges...............................................................................................! 2,593,000

Real Estate Rentals.............................................................................................! 1,458,000

Telecommunications............................................................................................! 1,250,800

Per Diem, Fees and Contracts..........................................................................! 34,000

Evidence Purchased...........................................................................................! 440,000

Utilities.................................................................................................................! 93,000

Postage.................................................................................................................! 72,510

Capital Outlay.....................................................................................................! 300,000

Utilization Adjustment.....................................................................................!__1263J350)

Total Funds Budgeted........................................................................................! 28,703,027

Indirect DOAS Funding...................................................................................!

-0-

Total State Funds Budgeted.............................................................................! 28,703,027

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration

2,564,000

2,564,000

Drug Enforcement

5,728,810

5,728,810

Investigative

9,191,000

9,191,000

Georgia Crime Information Center

7,118,346

7,118,346

Utilization Adjustment

(219.708)

(219,708)

Total

24,382,448

24,382,448

Forensic Sciences Budget:

Personal Services...................................................................................................! 3,448,221

Regular Operating Expenses...............................................................................! 391,000

Travel.....................................................................................................................! 30,000

Motor Vehicle Equipment Purchases................................................................! 94,000

Publications and Printing ...................................................................................$ 8,000

Equipment Purchases..........................................................................................! 135,000

Computer Charges................................................................................................! 124,000

Real Estate Rentals ............................................................................................$

-0-

Telecommunications.............................................................................................! 89,000

Per Diem, Fees and Contracts............................................................................! 5,000

Capital Outlay.....................................................................................................!

-0-

Postage ...................................................................................................................$ 5,000

Utilities...................................................................................................................! 35,000

Utilization Adjustment.......................................................................................!_J43J642)

Total Funds............................................................................................................! 4,320,579

State Funds............................................................................................................! 4,320,579

Section 23. Georgia State Financing and Investment Commission. Budget Unit: Georgia State Financing and Investment Commission......................! -0Departmental Operations Budget: Personal Services..................................................................................................! 938,861 Regular Operating Expenses...............................................................................! 29,275 Travel.....................................................................................................................! 9,000

1946

JOURNAL OF THE HOUSE,

Motor Vehicle Equipment Purchases ..............................................................$

-0-

Publications and Printing ...................................................................................$ 1,200

Equipment Purchases..........................................................................................! 2,325

Computer Charges ................................................................................................$ 16,937

Real Estate Rentals..............................................................................................$ 86,130

Telecommunications.............................................................................................! 11,100

Per Diem, Fees and Contracts...........................................................................-! 115,000

Total Funds Budgeted..........................................................................................! 1,209,828

State Funds Budgeted........................................................................................!

-0-

Section 24. Office of the Governor. A. Budget Unit: Governor's Office........................................................................! 5,754,582
1. Governor's Office Budget: Cost of Operations ................................................................................................$ 2,366,000 Mansion Allowance...............................................................................................! 40,000 Governor's Emergency Fund ...............................................................................$ 2,500,000 Intern Stipends and Travel ................................................................................$ 150,000 Total Funds Budgeted..........................................................................................! 5,056,000 State Funds Budgeted ..........................................................................................$ 5,056,000

2. Office of Fair Employment Practices Budget: Personal Services......................................................................................................! 596,942 Regular Operating Expenses...................................................................................! 10,000 Travel.........................................................................................................................! 11,000 Motor Vehicle Equipment Purchases..................................................................! -0Publications and Printing .......................................................................................$ 3,000 Equipment Purchases..............................................................................................! 8,000 Computer Charges..................................................................................................! -0Real Estate Rentals..................................................................................................! 57,000 Telecommunications.................................................................................................! 11,000 Per Diem, Fees and Contracts................................................................................! 68.000 Utilization Adjustment............................................---------------! (6,360)
Total Funds Budgeted.............................................................................................! 758,582 State Funds Budgeted.............................................................................................$ 698,582

Budget Unit Object Classes:

Cost of Operations ................................................................................................$ 2,366,000

Mansion Allowance...............................................................................................! 40,000

Governor's Emergency Fund ...............................................................................$ 2,500,000

Intern Stipends and Travel ................................................................................$ 150,000

Personal Services..................................................................................................! 596,942

Regular Operating Expenses...............................................................................! 10,000

Travel.....................................................................................................................! 11,000

Motor Vehicle Equipment Purchases..............................................................!

-0-

Publications and Printing...................................................................................! 3,000

Equipment Purchases..........................................................................................! 8,000

Computer Charges..............................................................................................!

-0-

Real Estate Rentals..............................................................................................! 68,000

Telecommunications.............................................................................................! 11,000

Per Diem, Fees and Contracts............................................................................! 68,000

Utilization Adjustment .......................................................................................$ (6,360)

B. Budget Unit: Office of Planning and Budget.................................................! 3,761,860

Office of Planning and Budget Budget:

Personal Services...................................................................................................! 3,161,000

Regular Operating Expenses..............................................................................-! 89,000

Travel.....................................................................................................................! 60,000

Motor Vehicle Equipment Purchases..............................................................!

-0-

Publications and Printing ...................................................................................$ 36,000

MONDAY, MARCH 3, 1986

1947

Equipment Purchases ..........................................................................................$ 25,000 Computer Charges................................................................................................$ 183,560 Real Estate Rentals..............................................................................................! 197,000 Telecommunications.............................................................................................? 52,000 Per Diem, Fees and Contracts............................................................................! 95,000 Utilization Adjustment...................................................................................-.! (36,700)
Total Funds Budgeted..........................................................................................! 3,861,860 State Funds Budgeted..........................................................................................! 3,761,860

C. Budget Unit: Units Attached for

Administrative Purposes Only.................................................................! 5,585,559

Attached Units Budget:

Personal Services.................................................................................................! 2,983,000

Regular Operating Expenses.............................................................................! 140,000

Travel...................................................................................................................! 86,000

Motor Vehicle Equipment Purchases............................................................!

-0-

Publications and Printing .................................................................................$ 106,000

Equipment Purchases........................................................................................! 23,000

Computer Charges..............................................................................................! 51,000

Real Estate Rentals............................................................................................! 251,000

Telecommunications...........................................................................................! 145,000

Per Diem, Fees and Contracts...........................................................................! 5,451,000

Art Grants - State Funds...................................................................................! 2,250,029

Art Grants - Federal Funds..............................................................................! 376,000

Art Grants - Donations......................................................................................! 44,000

Humanities Grant - State Funds.....................................................................! 50,000

Utilization Adjustment .....................................................................................$ (39,470)

Total Funds Budgeted........................................................................................! 11,916,559

State Funds Budgeted ........................................................................................$ 5,585,559

Attached Units Functional Budgets

Total Funds

State Funds

Council for the Arts

$

3,208,029 $

2,678,029

Office of Consumer Affairs

!

1,707,000 $

1,707,000

State Energy Office

$

6,087,000 $

286,000

Governor's Committee on Post-Secondary Education

$

156,000 $

156,000

Consumers' Utility Counsel

$

441,000 $

441,000

Criminal Justice Coordinating Council

$

357,000 $

357,000

Utilization Adjustment

!

(39,470) $

(39,470)

Total

!

11,916,559 $

5,585,559

Section 25. Grants to Counties and Municipalities. Budget Unit: Grants to Counties and Municipalities.......................................! 6,800,000 Grants to Counties................................................................................................! 2,600,000

Grants to Municipalities......................................................................................! 4,200,000 Total Funds Budgeted..........................................................................................! 6,800,000 State Funds Budgeted ..........................................................................................$ 6,800,000

Section 26. Department of Human Resources. A. Budget Unit: Departmental Operations......................................................! 340,549,202

1948

JOURNAL OF THE HOUSE,

1. General Administration and

Support Budget: Personal Services ................................................................$ 33,376,961

Regular Operating Expenses..............................................................................! 1,275,446

Travel ....................................................................................................................$ 1,111,390

Motor Vehicle Equipment Purchases..............................................................! 26,000

Publications and Printing .................................................................................$ 141,945

Equipment Purchases........................................................................................! 233,827

Computer Charges...............................................................................................! 1,394,000

Real Estate Rentals.............................................................................................! 3,740,750

Telecommunications...........................................................................................! 705,026

Per Diem, Fees and Contracts..........................................................................! 10,094,620

Utilities.................................................................................................................! 185,000

Postage.................................................................................................................! 721,046

Capital Outlay.....................................................................................................! 24,000

Institutional Repairs and Maintenance ..........................................................$ 132,000

Menninger Group Homes ..................................................................................$ 402,000

Benefits for Child Care.......................................................................................! 2,144,317

Contract - Georgia

Advocacy Office, Inc.......................................................................................! 215,000

Utilization Adjustment.....................................................................................! (228,869)

Total Funds Budgeted........................................................................................! 55,694,459

Indirect DOAS Services Funding...................................................................!

-0-

State Funds Budgeted ........................................................................................$ 25,688,827

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office

721,003 !

721,003

Administrative Appeals

980,861 !

980,861

Administrative Policy, Coordination, and Direction

223,626 !

223,626

Personnel

6,253,453 $

6,192,453

Support Services Indirect Cost

2,688,047 ! -0- !

2,688,047 (5,476,184)

Facilities Management

4,220,802 !

3,033,185

Public Affairs

409,295 !

409,295

Community/Intergovernmental Affairs

444,062 !

444,062

Budget Administration

1,444,195 !

1,444,195

Accounting Services

4,280,000 !

4,280,000

Auditing Services

1,675,822 !

1,675,822

Special Projects

287,000 $

287,000

Children and Youth Planning

192,206 $

192,206

Troubled Children Benefits Developmental Disabilities

2,546,317 ! 247,413 !

2,546,317 -0-

Council on Maternal and Infant Health

116,324 !

116,324

MONDAY, MARCH 3, 1986

1949

Council on Family Planning Community Services

16,610 $

1,661

9,324,850 $

-0-

Regulatory Services - Program Direction and Support

636,945 $

561,945

Child Care Licensing

1,865,281 $

1,848,431

Laboratory Improvement

707,769 $

445,187

Health Care Facilities Regulation

2,378,109 $

748,926

Compliance Monitoring

317,450 $

317,450

Radiological Health

715,471 $

531,968

Fraud and Abuse

3,920,102 $

260,824

Child Support Recovery

9,310,315 $

1,443,092

Utilization Adjustment

Total

55,694,459 $

25,688,827

2. Public Health Budget: Personal Services ...............................................................................................$ Regular Operating Expenses............................................................................! Travel .................................................................................................................$ Motor Vehicle Equipment Purchases ..........................................................$ Publications and Printing ...............................................................................$ Equipment Purchases......................................................................................! Computer Charges............................................................................................$ Real Estate Rentals..........................................................................................$ Telecommunications.........................................................................................! Per Diem, Fees and Contracts.........................................................................! Utilities.............................................................................................................! Postage ...............................................................................................................$ Crippled Children Clinics................................................................................! Grants for Regional Intensive Infant Care ....................................................................................$ Grants for Regional Maternal and Infant Care............................................................................! Midwifery Program Benefits ...........................................................................$ Crippled Children Benefits ..............................................................................$ Kidney Disease Benefits..................................................................................! Cancer Control Benefits ...................................................................................$ Contract for the Purchase of Clotting Factor for the Hemophilia Program..........................................................! Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants ..........................................................$ Grant to Grady Hospital for Cystic Fibrosis Program...............................................................................! Contract with Emory University for Cancer Research.....................................................................................! Contract with Auditory Educational Clinic........................................................................................! Grant-In-Aid to Counties.................................................................................!
Contract with Emory University for Arthritis Research ..................................................................................$
Contract for Scoliosis Screening........................................................................................!

33,657,795 46,645,610
981,720 -0-
302,700 336,635 461,000 674,100 565,000 16,432,236
-086,000 518,000
4,936,795
2,055,000 1,325,000 6,933,116
505,000 2,388,000
300,000
5,113,000
42,000
119,000
105,000 45,993,000
215,000
115,000

1950

JOURNAL OF THE HOUSE,

Family Planning Benefits Grants to Counties for T1 eenage
Pregnancy Prevention ............................. Grant to Counties for Metabolic
Disorders Screeninj ; and Treatment...., Contract - Macon-Bil ib County
Hospital Authority Utilization Adjustmenit............................... Total Funds Budgeted1................................. Indirect DOAS Servicees Funding ............. State Funds Budgeted1

............$ 519,500

............$

47,000

.............$ 5,000,000

...........$ (342,834)

,............$ 176,331,373

$

-0-

.............$ 99,250,604

iblic Health Functional Budgets

Total Funds

State Funds

Director's Office

$

706,705 $

706,705

Employee's Health

$

348,503 $

313,503

Health Program Managemenit

$

859,716 $

774,716

Vital Records

$

1,432,678 $

1,369,678

Health Services Research

$

607,946 $

607,946

Primary Health Care

$

909,308 $

909,308

Stroke and Heart Attack Preevveention

$

1,802,944 $

1,272,944

Epidemiology

$

1,536,639 $

863,663

Immunization

$

442,822 $

-0-

Sexually Transmitted Diseassees

$

1,451,305 $

352,105

Community Tuberculosis Ceinnter

$

1,340,778 $

1,213,778

Family Health Management

$

7,726,526 $

2,543,566

Infant and Child Health

$

8,395,777 $

8,266,262

Maternal Health - Perinatal

$

229,839 $

-0-

Family Planning

$

8,367,907 $

3,427,907

Malnutrition

$

51,301,240 $

-0-

Dental Health

$

1,444,289 $

1,234,114

Children's Medical Services

$

10,693,402 $

7,920,787

Chronic Disease

$

1,664,711 $

1,664,711

Diabetes

$

520,715 $

520,715

Cancer Control

$

3,248,538 $

3,248,538

Environmental Health

$

932,717 $

393,945

Laboratory Services

$

4,019,363 $

3,884,363

Emergency Health

$

2,346,147 $

1,285,647

Minimum Foundation

$

8,489,909 $

8,489,909

Newborn Follow Up Care

$

753,747 $

570,797

MONDAY, MARCH 3, 1986

1951

Sickle Cell, Vision and Hearing

1,104,547 $

1,104,547

High-Risk Pregnant Women and Infants

6,847,777

6,847,777

Grant in Aid to Counties

42,757,000

37,504,037

Teenage Pregnancy Prevention

519,500

519,500

Community Health Management

1,396,150

805,933

Community Care

2,475,062

976,037

Utilization Adjustment

(342,834)

(342,834)

Total

176,331,373

99,250,604

3. Mental Health - Program Direction and Support Budget:

Personal Services...................................................................................................! 4,686,000

Regular Operating Expenses...............................................................................! 91,000

Travel .....................................................................................................................$ 127,000

Motor Vehicle Equipment Purchases..............................................................!

-0-

Publications and Printing ...................................................................................$ 39,000

Equipment Purchases..........................................................................................! 43,000

Computer Charges.................................................................................................! 1,040,000

Real Estate Rentals ............................................................................................$

-0-

Telecommunications.............................................................................................$ 247,000

Per Diem, Fees and Contracts............................................................................! 276,000

Utilities.................................................................................................................!

-0-

Postage ...................................................................................................................$ 1,000

Contract with Housing Alternatives..................................................................! 120,000

Utilization Adjustment.......................................................................................! (60,310)

Total Funds Budgeted..........................................................................................! 6,609,690

Indirect DOAS Services Funding.....................................................................!

-0-

State Funds Budgeted ..........................................................................................$ 6,160,690

Mental Health - Program Direction and Support Functional Budgets

Total Funds

State Funds

Administration

6,626,975 !

6,472,975

Indirect Cost

(295,000)

MH/MR Advisory Council

43,025

Utilization Adjustment

(60,310)

Total

6,160,690

4. Youth Services - Program Direction and Support:

Personal Services...................................................................................................! 1,451,000

Regular Operating Expenses...............................................................................! 23,000

Travel.....................................................................................................................! 31,000

Motor Vehicle Equipment Purchases..............................................................!

-0-

Publications and Printing ...................................................................................$ 5,000

Equipment Purchases..........................................................................................! 12,000

Computer Charges................................................................................................! 62,000

Real Estate Rentals ............................................................................................$

-0-

Telecommunications.............................................................................................! 38,000

Per Diem, Fees and Contracts............................................................................! 4,000

Utilities.................................................................................................................!

-0-

1952

JOURNAL OF THE HOUSE,

Postage..................................................................................................................!

-0-

Utilization Adjustment .......................................................................................$ (16,260)

Total Funds Budgeted..........................................................................................$ 1,609,740

Indirect DOAS Services Funding.....................................................................!

-0-

Agency Funds ......................................................................................................$

-0-

State Funds Budgeted ..........................................................................................$ 1,609,740

5. Services to the Aged Budget:

Personal Services.................................................................................................$ 2,033,000

Regular Operating Expenses.............................................................................! 46,000

Travel ...................................................................................................................$ 58,000

Motor Vehicle Equipment Purchases............................................................!

-0-

Publications and Printing .................................................................................$ 21,000

Equipment Purchases........................................................................................! 11,000

Computer Charges..............................................................................................! 75,000

Real Estate Rentals ............................................................................................$

4,000

Telecommunications...........................................................................................! 66,000

Per Diem, Fees and Contracts ..........................................................................$ 23,849,000

Utilities...............................................................................................................!

-0-

Payments to DMA...............................................................................................! 6,898,000

Postage.................................................................................................................!

1,000

Utilization Adjustment .....................................................................................$ (43,870)

Total Funds Budgeted........................................................................................! 33,018,130

State Funds Budgeted ........................................................................................$ 11,241,130

Services to the Aged Functional Budgets

Total Funds

State Funds

Administration and Planning

$

2,725,400 $

1,404,328

Aging Services

$

23,438,600 $

2,982,672

Alternative Health Services

$

6,898,000 !

6,898,000

Utilization Adjustment

!

(43,870) $

(43,870)

Total

!

33,018,130 $

11,241,130

6. Rehabilitation Services Budget:

Personal Services.................................................................................................! 24,637,460

Regular Operating Expenses..............................................................................! 1,127,000

Travel...................................................................................................................! 537,000

Motor Vehicle Equipment Purchases..............................................................! 23,000

Publications and Printing .................................................................................$ 49,000

Equipment Purchases........................................................................................! 141,000

Computer Charges..............................................................................................! 786,000

Real Estate Rentals.............................................................................................! 1,038,000

Telecommunications...........................................................................................! 625,000

Per Diem, Fees and Contracts..........................................................................! 910,000

Utilities.................................................................................................................! 282,000

Capital Outlay ...................................................................................................$

-0-

Postage .................................................................................................................$ 94,000

Institutional Repairs and Maintenance.........................................................!

-0-

Grants for Nephrology Centers........................................................................! 245,000

Contract with Vocational

Rehabilitation Community Facilities............................................................! 5,052,515

Contract for Epilepsy.........................................................................................! 67,000

Case Services........................................................................................................! 9,816,000

E.S.R.P. Case Services.......................................................................................! 50,000

MONDAY, MARCH 3, 1986

1953

Contract with the Affirmative

Industries.........................................................................................................! 110,000

Contract with

RCW Industries, Inc.......................................................................................! 146,000

Utilization Adjustment.....................................................................................! (68,903)

Total Funds Budgeted........................................................................................! 45,667,072

Indirect DOAS Services Funding...................................................................!

-0-

State Funds Budgeted ........................................................................................$ 14,351,684

Rehabilitation Services Functional Budgets

Total Funds

State Funds

Program Direction and Support

!

2,841,700 $

1,163,689

Grants Management

$

580,210 !

473,190

Atlanta Rehabilitation Center

$

2,342,892 !

468,578

Rehabilitation Center for the Deaf - Cave Spring

$

480,237 $

96,047

Central Rehabilitation Center

$

581,924 $

116,385

Georgia Vocational Adjustment Center - Gracewood

$

424,575 $

84,915

Ireland Rehabilitation Center

$

392,456 $

78,495

Rome Rehabilitation Center

$

213,179 $

43,276

J. F. Kennedy Center

$

413,659 $

82,732

Production Workshop

$

1,100,980 $

-0-

District Field Services

$

29,906,054 $

6,120,235

Independent Living

$

322,307 $

122,307

Sheltered Employment

$

1,083,287 $

518,223

Community Facilities

$

4,698,140 $

4,698,140

Bobby Dodd Workshop

$

354,375 $

354,375

Utilization Adjustment

$

(68,903) !

(68,903)

Total

!

45,667,072 $

14,351,684

7. Roosevelt Warm Springs Rehabilitation Institute:

Personal Services.................................................................................................! 10,435,000

Regular Operating Expenses..............................................................................! 1,687,000

Travel...................................................................................................................! 48,000

Motor Vehicle Equipment Purchases..............................................................! 54,000

Publications and Printing .................................................................................$ 15,000

Equipment Purchases........................................................................................! 110,000

Computer Charges..............................................................................................! 62,000

Real Estate Rentals............................................................................................! 11,000

Telecommunications...........................................................................................! 173,000

Per Diem, Fees and Contracts...........................................................................! 1,452,000

Utilities.................................................................................................................! 578,000

Postage.................................................................................................................! 14,300

Case Services......................................................................................................!

-0-

1954

JOURNAL OF THE HOUSE,

Capital Outlay ...........................................

-0-

Institutional Repairs and Maintenance.

-0-

Utilization Adjustment.

(40,103)

Total Funds Budgeted........................................................................................! 14,599,197

Indirect DOAS Services Funding ...................................................................$

-0-

State Funds Budgeted ........................................................................................$ 3,970,197

Roosevelt Warm Springs Rehabilitation Institute Functional Budgets

Total Funds

State Funds

Administration

5,545,888

2,498,923

Rehabilitation Services

9,093,412

1,511,377

Utilization Adjustment

(40,103)

(40,103)

Total

14,599,197

3,970,197

. Georgia Factory for the Blind Budget:

Personal Services .................................................................................................$ 4,653,000

Regular Operating Expenses..............................................................................! 8,332,000

Travel ...................................................................................................................$ 17,000

Motor Vehicle Equipment Purchases..............................................................! 20,000

Publications and Printing..................................................................................!

9,000

Equipment Purchases........................................................................................! 42,000

Computer Charges..............................................................................................! 70,000

Real Estate Rentals..........................................................................................!

-0-

Telecommunications...........................................................................................! 30,000

Per Diem, Fees and Contracts..........................................................................! 66,000

Utilities.................................................................................................................! 125,000

Postage.................................................................................................................! Capital Outlay ...................................................................................................$

6,000 -0-

Utilization Adjustment.....................................................................................! (5,210)

Total Funds Budgeted........................................................................................! 13,364,790

State Funds Budgeted.......................................................................................! 515,790

Georgia Factory for the Blind Functional Budgets

Total Funds

State Funds

Operations

12,849,000

Supervision

521,000

Utilization Adjustment

(5,210)

Total

13,364,790

9. Rehabilitation Services - Disability Adjudication Budget:

Personal Services.................................................................................................! 11 ,725,000

Regular Operating Expenses.............................................................................! 273,000

Travel...................................................................................................................! Motor Vehicle Equipment Purchases............................................................!

82,000 -0-

Publications and Printing.................................................................................! 41,000

Equipment Purchases........................................................................................! 150,000

Computer Charges..............................................................................................! 370,000

Real Estate Rentals............................................................................................! 752,000

Telecommunications...........................................................................................! 494,000

Per Diem, Fees and Contracts...........................................................................! 1 ,441,000

Utilities...............................................................................................................!

-0-

Postage.................................................................................................................! 342,000

MONDAY, MARCH 3, 1986

1955

Case Services........................................................................................................! 11.832,000

Total Funds Budgeted.......................................................................................-! 27,502,000

State Funds Budgeted......................................................................................!

-0-

10. Family and Children Services Budget:

Personal Services...............................................................................................! 11,434,000

Regular Operating Expenses............................................................................! 16,968,000

Travel.................................................................................................................! 390,000

Motor Vehicle Equipment Purchases..........................................................!

-0-

Publications and Printing ...............................................................................$ 673,000

Equipment Purchases ......................................................................................$ 132,000

Computer Charges.............................................................................................! 11,090,000

Real Estate Rentals..........................................................................................! 227,000

Per Diem, Fees and Contracts.........................................................................! 31,997,000

Telecommunications.........................................................................................! 972,000

Utilities...............................................................................................................!

7,000

Postage...............................................................................................................! 949,000

AFDC Benefits...................................................................................................! 237,079,440

Grants to County DFACS - Operations.........................................................! 138,186,022

WIN Benefits ....................................................................................................$ 886,594

Benefits for Child Care.....................................................................................! 19,745,784

SSI - Supplement, Benefits..............................................................................!

20,000

Utilization Adjustment...................................................................................! (913,294)

Total Funds Budgeted......................................................................................! 469,843,546

Indirect DOAS Services Funding.................................................................!

-0-

State Funds Budgeted ......................................................................................$ 177,760,540

Family and Children Services Functional Budgets

Refugee Benefits

Total Funds 1,104,936

State Funds

!

-0-

AFDC Payments

237,079,440 $

80,488,470

SSI - Supplement Benefits Energy Benefits

20,000 ! 16,026,500 !

20,000 -0-

County DFACS Operations Social Services

38,073,464 $

15,083,519

County DFACS Operations Homemaker Services

5,283,806 $

4,702,406

County DFACS Operations - Eligibility

57,829,848 !

28,782,087

County DFACS Operations Joint and Administration
Food Stamp Issuance

36,768,293 $ 2,512,000 !

18,014,890 -0-

Grants to Fulton County for 24-hour Emergency Services

230,611 !

230,611

Director's Office Administration and Management

532,543 ! 4,875,190 $

532,543 3,539,239

District Administration

3,220,157 !

3,220,157

Program Planning, Development, and Training

7,395,831 !

3,809,935

1956

JOURNAL OF THE HOUSE,

Management Information Systems

13,419,303

7,811,953

Child Development Administration Indirect Cost

1,002,765 -0-

1,002,765 (7,375,000)

Work Incentive Benefits

4,020,594

707,410

Legal Services

700,000

475,000

Family Foster Care

15,034,474

9,432,180

Institutional Foster Care

2,932,380

2,047,639

Specialized Foster Care

337,700

100,407

Adoption Supplement

1,109,230

1,054,848

Liability Insurance

32,700

32,700

Day Care

19,924,430

4,302,278

Psychiatric, Psychological and Speech Therapy

Maternity Care

Return of Runaways - County

Home Management - Contracts

Outreach - Contracts

Special Projects

Utilization Adjustment

Total

Budget Unit Object Classes:

Personal Services...............................................................................................! 138,089,216

Regular Operating Expenses............................................................................! 76,468,056

Travel..................................................................................................................! 3,383,110

Motor Vehicle Equipment Purchases............................................................! 123,000

Publications and Printing................................................................................! 1,296,645

Equipment Purchases.......................................................................................! 1,211,462

Computer Charges.............................................................................................! 15,410,000

Real Estate Rentals...........................................................................................! 6,446,850

Telecommunications..........................................................................................! 3,915,026

Per Diem, Fees and Contracts.........................................................................! 86,521,856

Utilities................................................................................................................! 1,177,000

Postage................................................................................................................! 2,214,346

Capital Outlay...................................................................................................!

24,000

Grants for Regional

Intensive Infant Care ........................................................................... .$ 4,936,795

Grants for Regional

Maternal and Infant Care ............................................................................$ 2,055,000

Crippled Children Benefits..............................................................................! 6,933,116

Crippled Children Clinics................................................................................! 518,000

Kidney Disease Benefits..................................................................................! 505,000

Cancer Control Benefits...................................................................................! 2,388,000

Benefits for Medically Indigent High-Risk

Pregnant Women and

Their Infants...........................................................................................

! 5,113,000

MONDAY, MARCH 3, 1986

1957

Family Planning Benefits................................................................................! 302,000

Benefits for Midwifery Program .....................................................................$ 1,325,000

Grant-In-Aid to Counties.................................................................................$ 45,993,000

Work Incentive Benefits..................................................................................$ 886,594

Benefits for Child Care.....................................................................................$ 21,890,101

Grants for Nephrology Centers ......................................................................$ 245,000

Case Services......................................................................................................! 21,648,000

E.S.R.P. Case Services .....................................................................................$

50,000

SSI-Supplement Benefits ................................................................................$

20,000

AFDC Benefits...................................................................................................! 237,079,440

Grants to County DFACS

Operations.......................................................................................................! 138,186,022

Contract with Vocational

Rehabilitation Community Facilities..........................................................! 5,052,515

Contract for the Purchase of Clotting

Factor for the Hemophilia Program..........................................................! 300,000

Contract with the

Affirmative Industries..................................................................................! 110,000

Institutional Repairs and Maintenance ........................................................! 132,000

Contract with Emory University

for Arthritis Research ..................................................................................$ 215,000

Grant for Epilepsy Program ...........................................................................$

67,000

Grant to Grady Hospital for

Cystic Fibrosis Program...............................................................................!

42,000

Contract for Scoliosis Screening.....................................................................! 115,000

Menninger Group Homes ................................................................................$ 402,000

Contract - Georgia

Advocacy Office, Inc.....................................................................................$ 215,000

Grant for Teenage Pregnancy

Prevention Program .....................................................................................$ 519,500

Contract - Cancer Research at Emory..........................................................! 119,000

Contract - Macon-Bibb County

Hospital Authority ........................................................................................$ 5,000,000

Contract with

RCW Industries, Inc.....................................................................................$ 146,000

Grants to Counties for Metabolic

Disorders Screening and Testing................................................................!

47,000

Payments to DMA.............................................................................................! 6,898,000

Contract with

Housing Alternatives....................................................................................! 120,000

Contract with Auditory

Educational Clinic ........................................................................................$ 105,000

Utilization Adjustment....................................................................................! (1,719,653)

B. Budget Unit: State Health Planning and Development..................................! 758,540 State Health Planning and Development Budget: Personal Services..................................................................................................! 801,657 Regular Operating Expenses...............................................................................! 35,450 Travel....................................................................................................................-! 6,500 Publications and Printing ...................................................................................$ 3,000 Equipment Purchases.........................................................................................-! 21,843 Computer Charges ................................................................................................$ 28,000 Real Estate Rentals..............................................................................................! 106,000 Telecommunications.............................................................................................! 27,500 Per Diem, Fees and Contracts............................................................................! 131,500 Postage...................................................................................................................! 11,000

1958

JOURNAL OF THE HOUSE,

Utilization Adjustment .......................................................................................$ (6,910)

Total Funds Budgeted..........................................................................................$ 1,165,540

Indirect DOAS Services Funding .....................................................................$

-0-

State Funds Budgeted .........................................................................................$ 758,540

C. Budget Unit: Community Mental Health/ Mental Retardation

Youth Services and Institution8...........................................$ 356,445,060

Departmental Operations:

Personal Services...............................................................................................$ 285,723,409

Regular Operating Expenses............................................................................! 29,841,938

Travel .................................................................................................................$ 625,000

Motor Vehicle Equipment Purchases............................................................! 808,000

Publications and Printing................................................................................! 88,000

Equipment Purchases.......................................................................................! 2,407,000

Computer Charges.............................................................................................! 3,413,000

Real Estate Rentals..........................................................................................! 618,000

Telecommunications..........................................................................................! 2,538,000

Per Diem, Fees and Contracts.........................................................................! 16,660,933

Utilities................................................................................................................! 16,036,000

Postage...............................................................................................................! 241,000

Capital Outlay ...................................................................................................$ 703,240

Authority Lease Rentals...................................................................................! 2,415,000

Institutional Repairs and Maintenance .........................................................$ 2,000,000

Grants to County-Owned

Detention Centers..........................................................................................! 2,223,000

Reserve for Thomasville RYDC....................................................................$

-0-

Reserve for Claxton RYDC ...........................................................................$

-0-

Drug Abuse Contracts.......................................................................................! 1,053,000

Day Care Centers for the

Mentally Retarded.........................................................................................! 60,496,800

MR Day Care Center Motor

Vehicle Purchases..........................................................................................! 1,917,000

Supportive Living Staff....................................................................................! 1,604,715

Supportive Living Benefits ..............................................................................$ 8,351,848

Georgia State Foster Grandparent/

Senior Companion Program........................................................................! 568,000

Community Mental Health

Center Services...............................................................................................! 70,149,048

Project Rescue...................................................................................................! 348,000

Project ARC......................................................................................................! 244,000

Project Friendship............................................................................................! 277,000

Group Homes for

Autistic Children...........................................................................................! 241,000

Contract with Clayton County Board of

Education for Autistic Children.................................................................! 71,000

Uniform Alcoholism Projects...........................................................................! 1,560,616

Child Care Benefits ..........................................................................................$ 16,000

Community Mental Retardation Staff...........................................................! 2,973,000

Community Mental Retardation

Residential Services.......................................................................................! 15,269,817

Lumpkin Area Individual

Living, Inc. ......................................................................................................$ 33,000

Utilization Adjustment....................................................................................! (2.626,464)

Total Funds Budgeted......................................................................................! 528,888,900

Indirect DOAS Services Funding.................................................................!

-0-

State Funds Budgeted ......................................................................................$ 356,445,060

MONDAY, MARCH 3, 1986

1959

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets

Southwestern State Hospital Georgia Retardation Center Georgia Mental Health Institute

Total Funds

$

30,181,168

$

26,385,400

$

21,420,279

State Funds

$

19,633,168

$

13,028,400

$

18,938,300

Georgia Regional Hospital at Augusta

$

14,045,669 $

12,906,669

Northwest Regional Hospital at Rome

$

22,019,005 $

17,423,005

Georgia Regional Hospital at Atlanta
Central State Hospital

$

21,346,628 $

$ 102,674,375 $

16,608,650 71,898,375

Georgia Regional Hospital at Savannah

$

14,771,996 $

13,189,996

Gracewood State School and Hospital

$

38,631,000 $

20,253,000

West Central Georgia Regional Hospital

$

12,335,002 $

10,542,002

Regional Youth Development Centers
State Youth Development Centers Court Services Community Treatment Centers Day Centers Group Homes Runaway Investigations Interstate Compact Purchased Services Assessment and Classification Outdoor Therapeutic Program Mental Health Community Assistance

$

14,302,932 $

14,031,932

$

20,025,600 $

19,695,600

$

7,902,000 $

7,902,000

$

2,167,000 $

2,167,000

$

744,000 $

744,000

$

556,000 $

556,000

$

430,000 $

430,000

$

93,000 $

93,000

$

2,589,966 $

2,548,966

$

331,000 $

331,000

$

1,651,500 $

1,633,500

$

7,105,000 $

7,105,000

Mental Retardation Community Assistance
Central Pharmacy

$

2,691,000 $

1,993,000

$

140,000 $

140,000

Day Care Centers for the Mentally Retarded
Supportive Living

$

62,413,800 $

28,810,800

$

9,956,563 $

5,927,936

1960

JOURNAL OF THE HOUSE,

Georgia State Foster Grandparent/ Senior Companion Program

568,000

568,000

Project Rescue

348,000

185,000

Drug Abuse Contracts

1,053,000

1,053,000

Community Mental Health Center Services

70,149,048

32,451,500

Uniform Alcoholism Projects

1,560,616

1,497,616

Project ARC

244,000

244,000

Metro Drug Abuse Centers

1,503,000

630,000

Group Homes for Autistic Children

241,000

241,000

Project Friendship Central Laboratory

277,000 315,000

277,000 -0-

Community Mental Retardation Staff

2,973,000

2,703,000

Community Mental Retardation Residential Services

15,269,817

10,586,109

Lumpkin Area Individual Living, Inc.

33,000

33,000

Contract with Clayton County Board of Education for Autistic Children

71,000

71,000

Utilization Adjustment

(2,626,464)

(2,626,464)

Total

528,888,900

356,445,060

Section 27. Department of Industry and Trade.

A. Budget Unit: Department of Industry and Trade.......................................$ 14,640,146

State Operations Budget:

Personal Services.................................................................................................! 5,663,251

Regular Operating Expenses.............................................................................! 741,000

Travel...................................................................................................................! 312,000

Motor Vehicle Equipment Purchases............................................................!

-0-

Publications and Printing.................................................................................! 324,000

Equipment Purchases........................................................................................! 63,600

Computer Charges..............................................................................................! 148,000

Real Estate Rentals............................................................................................! 461,500

Telecommunications...........................................................................................! 163,000

Per Diem, Fees and Contracts..........................................................................! 248,000

Postage.................................................................................................................! 181,000

Local Welcome Center Contracts.....................................................................! 165,000

Advertising............................................................................................................! 3,490,000

Georgia Ports Authority

Authority Lease Rentals.................................................................................! 2,735,000

Georgia Ports Authority

General Obligation Bond Payments.............................................................! 23,288,000

Historic Chattahoochee

Commission Contract.....................................................................................! 60,000

Atlanta Council for

International Visitors.....................................................................................! 25,000

Waterway Development in Georgia.................................................................! 50,000

Georgia Music Week Promotion......................................................................! 35,000

MONDAY, MARCH 3, 1986

1961

Georgia World Congress Center

Operating Expenses ......................................................................................$

-0-

Contract - Georgia Association

of Broadcasters................................................................................................! 53,000

Southern Center for

International Studies......................................................................................! 25,000

Capital Outlay .....................................................................................................$ 575,000

Contract - Lanier Regional Committee .........................................................$

-0-

Utilization Adjustment .....................................................................................$ (78,500)

Total Funds Budgeted........................................................................................! 38,727,851

State Funds Budgeted ........................................................................................$ 14,640,146

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration

29,126,432 $

5,038,727

Economic Development

3,846,114

3,846,114

Tourist

5,833,805

5,833,805

Utilization Adjustment

(78.500)

(78,500)

Total

38,727,851 $

14,640,146

B. Budget Unit: Authorities ............................................................................................$ -0-

Administration Budget:

Personal Services.................................................................................................! 32,597,003

Regular Operating Expenses..............................................................................! 12,302,025

Travel...................................................................................................................! 547,664

Motor Vehicle Equipment Purchases............................................................!

-0-

Publications and Printing .................................................................................$ 160,896

Equipment Purchases........................................................................................! 50,000

Computer Charges..............................................................................................! 608,000

Real Estate Rentals............................................................................................! 134,810

Telecommunications...........................................................................................! 442,919

Per Diem, Fees and Contracts...........................................................................! 1,755,377

G.O. Bonds and Lease Rentals - G.P.A. ..........................................................$ 16,415,000

Other Debt Service

Payments - G.P.A. ...........................................................................................$ 1,564,000

Capital Outlay - Internal

Operations - G.P.A. .........................................................................................$ 5,498,955

Atlanta Convention and

Visitors Bureau - G.W.C.C.............................................................................! 1,945,997

Total Funds Budgeted........................................................................................! 74,022,646

State Funds Budgeted......................................................................................!

-0-

Authorities Functional Budgets

Georgia World Congress Center Georgia Ports Authority Total

Total Funds 12,259,275 61,763,371 74,022,646

State Funds
-0-0-0-

Section 28. Department of Insurance. Budget Unit: Office of Insurance Commissioner...............................................!_8j089j615 Operations Budget: Personal Services...................................................................................................! 7,551,126

1962

JOURNAL OF THE HOUSE,

Regular Operating Expenses...............................................................................! 397,200 Travel.....................................................................................................................! 208,000 Motor Vehicle Equipment Purchases................................................................! 106,000 Publications and Printing ...................................................................................$ 135,000 Equipment Purchases..........................................................................................! 51,635 Computer Charges................................................................................................! 199,163 Real Estate Rentals..............................................................................................! 470,000 Telecommunications.............................................................................................! 143,700 Per Diem, Fees and Contracts............................................................................! 33,001 Utilization Adjustment .......................................................................................$ (79,210) Total Funds Budgeted..........................................................................................! 9,215,615 State Funds Budgeted ..........................................................................................$ 8,089,615

Department of Insurance Functional Budgets

Total Funds

State Funds

Internal Administration

1,305,897 !

1,305,897

Insurance Regulation

2,081,625 !

1,976,625

Industrial Loans Regulation

520,152 $

520,152

Information and Enforcement

1,444,547 !

1,444,547

Fire Safety and Mobile Home Regulations

3,942,604 !

2,921,604

Utilization Adjustment

(79,210) !

(79.210)

Total

9,215,615 !

8,089,615

Section 29. Department of Labor.

Budget Unit: Department of Labor................................................................. ..$ 6,445.347

State Operations:

Personal Services............................................................................................... 58,650,000

Regular Operating Expenses............................................................................ 3,230,000

Travel.................................................................................................................? Motor Vehicle Equipment Purchases..........................................................!

968,000 -0-

Publications and Printing................................................................................!

36,000

Equipment Purchases ......................................................................................i 301,000

Computer Charges............................................................................................. 2,459,000

Real Estate Rentals........................................................................................... 2,255,000

Telecommunications.......................................................................................... 1,158,000

Per Diem, Fees and

Contracts (JF' TPA) ...........................................................................................$ 56,388,000

Per Diem, Fees

.....................................$ 1,747,000

Capital Outlay/........ .............................................................................................$ 1,000,000

W.I.N. Grants

....................................$ 260,000

....................................$ 400,000

...................................$ (41,653)

.....................................$ 128,810,347

ludgeted .......................................................................................$ 6,445.347

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices

!

5,865,904

1,983,169

Administrative Services

!

10,994,966

912,202

MONDAY, MARCH 3, 1986

1963

Unemployment Insurance

$

7,736,403 $

4,209

Employment Services

$

3,912,294 $

344,323

Field Services

$

47,062,346 $

3,243,097

Job Training Partnership

$

53,280,087 $

Utilization Adjustment

$

(41,653) $

Total

$ 128,810,347 $

Section 30. Department of Law.

Budget Unit: Department of Law........................................................................$ 6,503,719

Attorney General's Office Budget:

Personal Services...................................................................................................$ 5,808,712

Regular Operating Expenses...............................................................................! 290,100

Travel .....................................................................................................................$ 127,000

Motor Vehicle Equipment Purchases ..............................................................$

-0-

Publications and Printing ...................................................................................$ 38,000

Equipment Purchases ..........................................................................................$ 28,000

Computer Charges................................................................................................! 127,899

Real Estate Rentals..............................................................................................$ 315,000

Telecommunications.............................................................................................! 95,000

Per Diem, Fees and Contracts............................................................................! 45,000

Books for State Library.......................................................................................! 110,000

Capital Outlay .....................................................................................................$

-0-

Utilization Adjustment .......................................................................................$ (61,092)

Total Funds Budgeted.........................................................................................-! 6,923,619

State Funds Budgeted ..........................................................................................$ 6,503,719

Section 31. Department of Medical Assistance.

Budget Unit: Medicaid Services.......................................................................! 288,501,878

Departmental Operations Budget:

Personal Services...............................................................................................! 8,046,034

Regular Operating Expenses...........................................................................! 267,000

Travel.................................................................................................................! 168,000

Motor Vehicle Equipment Purchases..........................................................!

-0-

Publications and Printing................................................................................!

52,000

Equipment Purchases ......................................................................................$

97,062

Computer Charges.............................................................................................! 9,102,422

Real Estate Rentals..........................................................................................! 798,000

Telecommunications.........................................................................................! 383,000

Per Diem, Fees and Contracts.........................................................................! 11,058,000

Postage...............................................................................................................! 88,000

Medicaid Benefits .............................................................................................$ 918,965,044

Payments to Counties for

Mental Health................................................................................................! 13,200,000

Audits Contracts................................................................................................! 1,285,000

Utilization Adjustment ...................................................................................$ (73,353)

Total Funds Budgeted......................................................................................! 963,436,209

State Funds Budgeted ......................................................................................$ 288,501,878

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office

$

690,347 $

345,342

Program Management

$

13,885,911 $

2,169,444

Administration

$

2,706,539 $

794,514

1964

JOURNAL OF THE HOUSE,

Operations

$

11,013,624 $

2,769,624

Program Integrity

$

3,048,097 $

1,313,919

Benefits

$ 932,165,044 $ 281,182,388

Utilization Adjustment

$

(73.353) $

(73,353)

Total

$ 963,436,209 $ 288,501,878

Section 32. Merit System of Personnel Administration.

Budget Unit: Merit System of Personnel Administration

Agency Assessments..................................................................................! 6,387,222

Departmental Operations Budget:

Personal Services...............................................................................................! 4,984,695

Regular Operating Expenses...........................................................................! 143,990

Travel..................................................................................................................! 67,950

Motor Vehicle Equipment Purchases ..........................................................$

-0-

Publications and Printing ...............................................................................$ 182,250

Equipment Purchases ......................................................................................$ 30,805

Computer Charges.............................................................................................! 1,612,307

Real Estate Rentals..........................................................................................! 685,737

Telecommunications.........................................................................................! 76,450

Per Diem, Fees and Contracts.........................................................................! 28,092,631

Postage...............................................................................................................! 179,240

Health Insurance Payments ............................................................................$ 254.557,620

Total Funds Budgeted......................................................................................! 290,613,675

Agency Assessments..........................................................................................! 6,387,222

Employee and Employer Contributions ........................................................$ 284,190,116

Deferred Compensation...................................................................................! 36,337

Merit System Functional Budgets

Total Funds

State Funds

Applicant Services

!

1,871,082 !

-0-

Classification and Compensation

!

836,325 !

-0-

Program Evaluation and Audit

!

646,545 !

-0-

Employee Training and Development

!

1,036,547 !

-0-

Health Insurance Administration

!

7,902,764 !

-0-

Health Insurance Claims

! 276,025,822 !

-0-

Internal Administration

!

1,177,381 !

-0-

Commissioner's Office

!

1,117,209 $

-0-

Undistributed

!

^!

-0-

Total

! 290,613,675 $

-0-

Section 33. Department of Natural Resources.
A. Budget Unit: Department of Natural Resources .........................................$ 60.966,213 Operations Budget: Personal Services.................................................................................................! 42,622,183 Regular Operating Expenses..............................................................................! 8,389,200 Travel...................................................................................................................! 490,500 Motor Vehicle Equipment Purchases..........................................................................................................! 1,408,500

MONDAY, MARCH 3, 1986

1965

Publications and Printing .................................................................................$ 552,500

Equipment Purchases.........................................................................................! 1,163,500

Computer Charges..............................................................................................! 410,500

Real Estate Rentals.............................................................................................? 1,486,196

Telecommunications...........................................................................................! 832,180

Per Diem, Fees and Contracts...........................................................................! 1,020,500

Postage.................................................................................................................! 357,300

Land and Water Conservation

Grants................................................................................................................! 3,000,000

Recreation Grants...............................................................................................! 443,000

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 ....................................................$ 1,462,000

Capital Outlay

Shop Stock - Parks.........................................................................................! 300,000

Capital Outlay - Heritage Trust.......................................................................! 535,000

Authority Lease Rentals....................................................................................! 915,000

Cost of Material for Resale........................................................................-......-! 1,310,000

Payments to Lake Lanier Islands

Development Authority .................................................................................$ 513,000

Contract - Special Olympics, Inc. ....................................................................$ 206,000

Georgia Sports Hall of Fame............................................................................! 300,000

Capital Outlay - Heritage

Trust - Wildlife Management

Area Land Acquisition ...................................................................................$ 400,000

Capital Outlay - User Fee

Enhancements - Parks....................................................................................! 1,300,000

Capital Outlay - Buoy Maintenance................................................................! 20,000

Capital Outlay - Consolidated

Maintenance - Game and Fish .....................................................................$ 250,000

Technical Assistance Contract..........................................................................! 125,000

Capital Outlay.....................................................................................................! 112,000

Contract - Georgia Rural

Water Association...........................................................................................! 10,000

Grant - The Hay House...................................................................................!

-0-

Lanier Regional Committee ..............................................................................$ 13,000

Contract - Corps of Engineers

(Cold Water Creek St. Park) ........................................................................$ 188,000

Contract - Corps of Engineers

(Tybee Beach Restoration) ...........................................................................$ 800,000

Advertising and Promotion ...............................................................................$ 100,000

Payment to Georgia

Agricultural Exposition Authority ...............................................................$ 250,000

Historic Preservation Grant............................................................................!

-0-

Payment to Jekyll Island

State Park - Capital Outlay..........................................................................! 400,000

Payment to Stone Mountain

Memorial Association

Capital Outlay.................................................................................................! 900,000

Environmental Facilities Grants .......................................................................$ 8,000,000

Non-Game Wildlife

Habitat Fund...................................................................................................! 150,000

Georgia Boxing Commission.............................................................................!

5,000

Utilization Adjustment.....................................................................................!_J413i190)

1966

JOURNAL OF THE HOUSE,

Total Funds Budgeted........................................................................................$ 80,726,869

Receipts from Jekyll Island

State Park Authority......................................................................................! 53,750

Receipts from Stone Mountain

Memorial Association. ....................................................................................$ 315,000

Indirect DOAS Funding...................................................................................!

-0-

State Funds Budgeted........................................................................................! 60,966,213

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration

7,519,764

7,151,014

Game and Fish

21,756,705

18,840,014

Parks, Recreation and Historic Sites

26,805,173

14,202,042

Environmental Protection

23,754,071

19,950,987

Coastal Resources

1,304,346

1,235,346

Utilization Adjustment

(413.190)

(413.190)

Total

80,726,869

60,966,213

B. Budget Unit: Authorities............................................................................................! -0-

Operations Budget:

Personal Services.................................................................................................! 5,733,850

Regular Operating Expenses..............................................................................! 3,425,200

Travel...................................................................................................................! 68,000

Motor Vehicle Equipment Purchases..............................................................! 39,000

Publications and Printing .................................................................................$ 104,000

Equipment...........................................................................................................! 44,200

Computer Charges..............................................................................................! 20,000

Real Estate Rentals............................................................................................! 13,950

Telecommunications...........................................................................................! 119,000

Per Diem, Fees and Contracts..........................................................................! 191,000

Capital Outlay......................................................................................................! 1,300,000

Promotion Expense...........................................................................................!

-0-

Boat Replacement Expense ..............................................................................$ 156,200

Payments to the Department

of Natural Resources......................................................................................! 53,750

Mortgage Payments..........................................................................................!_____-0-

Total Funds Budgeted........................................................................................! 11,268,150

State Funds Budgeted......................................................................................!

-0-

Authorities Functional Budgets

Total Funds

State Funds

Lake Lanier Islands Development Authority

3,640,800

-0-

Jekyll Island State Park Authority

6,477,350

-0-

Georgia Agricultural Exposition Authority

250,000

-0-

Stone Mountain Memorial Association
Total

900.000

JL

11,268,150

-o-

MONDAY, MARCH 3, 1986

1967

Section 34. Board of Postsecondary Vocational Education.

Budget Unit: Board of Postsecondary Vocational Education .......................$ 83,784.079

Board of Postsecondary Vocational Education Budget:

Personal Services.................................................................................................$ 7,604,431

Regular Operating Expenses..............................................................................! 1,298,545

Travel ...................................................................................................................$ 94,700

Motor Vehicle Equipment Purchases..............................................................! 29,000

Publications and Printing .................................................................................$ 43,720

Equipment Purchases........................................................................................! 289,100

Computer Charges..............................................................................................! 259,400

Real Estate Rentals............................................................................................! 222,450

Telecommunications...........................................................................................! 89,150

Per Diem, Fees and Contracts..........................................................................! 947,000

Utilities.................................................................................................................! 928,900

Area School Construction ................................................................................$

-0-

Area-School Program..........................................................................................! 70,618,700

Junior College Program ......................................................................................$ 2,570,625

Teacher's Health Insurance ...............................................................................$ 1,852,850

Quick Start...........................................................................................................! 2,800,000

Teacher's Retirement..........................................................................................! 6,507,120

Capital Outlay...................................................................................................!

-0-

Utilization Adjustment .....................................................................................$ (66,273)

Total Funds Budgeted........................................................................................! 96,089,418

State Funds Budgeted ........................................................................................$ 83,784,079

Board of Post Secondary Functional Budgets

Total Funds

State Funds

State Operations

$

87,844,626 !

77,326,077

North Georgia Vocational- Technical School

!

4,632,135 !

3,571,235

South Georgia Vocational- Technical School

!

3,678,930 !

2,953,040

Utilization Adjustment

!

(66,273) !

(66,273)

Total

!

96,089,418 $

83,784,079

Section 35. Department of Public Safety. A. Budget Unit: Department of Public Safety..................................................! 61,810,216
Operations Budget: Personal Services.................................................................................................! 44,932,526 Regular Operating Expenses..............................................................................! 6,105,800 Travel...................................................................................................................! 128,000 Motor Vehicle Equipment Purchases...............................................................! 3,676,214 Publications and Printing .................................................................................$ 680,000 Equipment Purchases........................................................................................! 596,095 Computer Charges...............................................................................................! 3,116,512 Real Estate Rentals............................................................................................! 13,000 Telecommunications...........................................................................................! 774,200 Per Diem, Fees and Contracts..........................................................................! 182,000 Postage..................................................................................................................! 1,022,500 Conviction Reports.............................................................................................! 215,000 State Patrol Posts Repairs and Maintenance..............................................................................! 180,000 Driver License Processing.................................................................................! 850,000

1968

JOURNAL OF THE HOUSE,

Utilization Adjustment.....................................................................................! (615,731)

Total Funds Budgeted.......................................................................................-! 61,856,116

Indirect DOAS Service Funding....................................................................-!

-0-

State Funds Budgeted........................................................................................! 61,810,216

Public Safety Functional Budgets Total Funds

State Funds

Administration Driver Services

$

6,847,000

14,113,847

6,847,000 14,067,947

Field Operations

41,511,000

41,511,000

Utilization Adjustment

(615,731)

(615,731)

Total

61,856,116

61,810,216

B. Budget Unit: Units Attached for Administrative Purposes Only..............................................................................................! 9,834,239
Attached Units Budget: Personal Services.................................................................................................! 4,505,960 Regular Operating Expenses..............................................................................$ 1,917,671 Travel...................................................................................................................! 145,600 Motor Vehicle Equipment Purchases..............................................................! 116,500 Publications and Printing .................................................................................$ 54,500 Equipment Purchases........................................................................................! 124,950 Computer Charges..............................................................................................! 244,300 Real Estate Rentals............................................................................................! 87,000 Telecommunications...........................................................................................! 215,846 Per Diem, Fees and Contracts...........................................................................! 1,022,730 Postage.................................................................................................................! 37,200 Peace Officers Training Grants.........................................................................! 2,295,000 Highway Safety Grants.......................................................................................! 3,500,000 Utilization Adjustment.....................................................................................! (77,818) Total Funds Budgeted........................................................................................! 14,189,439 State Funds Budgeted ........................................................................................$ 9,834,239

Attached Units Functional Budgets

Total Funds

State Funds

Office of Highway Safety

3,918,000 !

214,000

Georgia Peace Officers Standards and Training

3,621,665 !

3,605,465

Police Academy

1,281,691 !

1,236,691

Fire Academy

835,000 !

748,000

Georgia Firefighters Standards and Training Council

396,000 !

396,000

Organized Crime Prevention Council

294,000 !

294,000

Georgia Public Safety Training Facility

3,920,901 !

3,417,901

Utilization Adjustment

(77,818) |

(77,818)

Total

14,189,439 !

9,834,239

MONDAY, MARCH 3, 1986

1969

Section 36. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System ........................$ 12,481.584 Departmental Operations Budget: Payments to Employees' Retirement System ................................................$ 194,084 Employer Contributions.....................................................................................! 12,287.500 Total Funds Budgetcd........................................................................................$ 12,481,584 State Funds Budgeted ........................................................................................$ 12,481,584

Section 37. Public Service Commission. Budget Unit: Public Service Commission...........................................................! 5,996,462 Departmental Operations Budget: Personal Services...................................................................................................$ 4,599,374 Regular Operating Expenses...............................................................................$ 237,641 Travel .....................................................................................................................$ 137,000 Motor Vehicle Equipment Purchases................................................................$ 86,000 Publications and Printing ...................................................................................$ 24,000 Equipment Purchases ..........................................................................................$ 38,450 Computer Charges................................................................................................^ 167,157 Real Estate Rentals..............................................................................................$ 249,000 Telecommunications.............................................................................................$ 112,000 Per Diem, Fees and Contracts............................................................................$ 855,000 Utilization Adjustment .......................................................................................$ (59,160) Total Funds Budgeted..........................................................................................$ 6,446,462 State Funds Budgeted ..........................................................................................$ 5,996,462

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration

$

1,119,737 $

1,119,737

Transportation

$

2,124,135 $

1,768,585

Utilities

$

3,261,750 $

3,167,300

Utilization Adjustment

$

(59.160) $

(59,160)

Total

$

6,446,462 $

5,996,462

Section 38. Regents, University System of Georgia.

A. Budget Unit: Resident Instruction...............................................................$ 592,479,734

Resident Instruction Budget:

Personal Services:

Educ., Gen., and Dept. Svcs. .......................................................................$ 604,701,041

Sponsored Operations ...................................................................................$ 72,000,000

Operating Expenses:

Educ., Gen., and Dept. Svcs. .......................................................................$ 172,576,898

Sponsored Operations ...................................................................................$ 80,000,000

Office of Minority

Business Enterprise......................................................................................$ 295,513

Special Desegregation Programs ....................................................................$ 330,702

Authority Lease Rentals...................................................................................$ 15,589,169

Research Consortium........................................................................................$ 5,100,000

Eminent Scholars Program .............................................................................$ 500,000

Total Funds Budgeted......................................................................................$ 951,093,323

Departmental Income .......................................................................................$ 23,000,000

Sponsored Income .............................................................................................$ 152,000,000

Other Funds .......................................................................................................$ 183,613,589

Indirect DOAS Services Funding .................................................................$

-0-

State Funds Budgeted ......................................................................................$ 592,479,734

1970

JOURNAL OF THE HOUSE,

B. Budget Unit: Regents Central Office

and Other Organized Activities.............................................................! 120,129.390

Regents Central Office and Other Organized Activities Budget:

Personal Services:

Educ., Gen., and Dept. Svcs. .......................................................................$ 156,906,499

Sponsored Operations...................................................................................! 49,528,203

Operating Expenses:

Educ., Gen., and Dept. Svcs. .......................................................................$ 68,831,395

Sponsored Operations...................................................................................! 22,261,427

Fire Ant and Environmental

Toxicology Research.....................................................................................! 254,661

Agricultural Research .......................................................................................$ 1,535,240

Advanced Technology

Development Center.....................................................................................! 992,043

Capitation Contracts for

Family Practice Residency...........................................................................! 2,580,000

Capital Outlay - ETMH.................................................................................$

-0-

Residency Capitation Grants...........................................................................! 2,381,730

Student Preceptorships ...................................................................................$ 158,000

Center for Rehabilitation Technology...........................................................! 538,375

SREB Payments................................................................................................! 6,481,600

Medical Scholarships .......................................................................................$ 611,750

Regents Opportunity Grants...........................................................................! 600,000

Regents Scholarships........................................................................................! 200,000

Equipment - Agricultural

Experiment Stations.....................................................................................! 200,000

Rental Payments to Georgia

Military College.............................................................................................! 608,124

Total Funds Budgeted......................................................................................! 314,669,047

Departmental Income.......................................................................................! 1,932,626

Sponsored Income.............................................................................................! 71,789,630

Other Funds.......................................................................................................! 120,817,401

Indirect DOAS Services Funding .................................................................$

-0-

State Funds Budgeted......................................................................................! 120,129,390

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

Marine Resources Extension Center

1,491,788

981,988

Skidaway Institute of Oceanography

2,983,423

1,275,423

Marine Institute

1,498,698

750,350

Georgia Tech Research Institute

81,320,874

9,759,710

Engineering Extension Division

3,526,187

1,772,937

Agricultural Experiment Station

44,031,172

28,176,427

Cooperative Extension Service

42,480,465

27,412,798

Eugene Talmadge Memorial Hospital

110,920,545

28,560,361

Veterinary Medicine Experiment Station

2,574,951

2,574,951

Veterinary Medicine Teaching Hospital

2,101,034

406,446

Family Practice Residency Program

5,439,370

5,439,370

MONDAY, MARCH 3, 1986

1971

Georgia Radiation Therapy Center

$

1,387,911 $

-0-

Athens and Tifton Veterinary Laboratories

$

1,894,000 $

-0-

Regents Central Office

$

13,018,629 $

13,018,629

Undistributed

$

-0- $

-0-

Total

$ 314,669,047 $ 120,129,390

C. Budget Unit: Georgia Public Telecommunications Commission.................$ 5,607,931 Public Telecommunications Commission Budget: Personal Services: Educ., Gen., and Dept. Svcs ............................................................................$ 4,265,020 Operating Expenses: Educ., Gen., and Dept. Svcs ............................................................................$ 4,955,354 Total Funds Budgeted..........................................................................................! 9,220,374 State Funds Budgeted ..........................................................................................$ 5,607,931

Section 39. Department of Revenue.

Budget Unit: Department of Revenue ..............................................................$ 57,914,362

Operations Budget:

Personal Services.................................................................................................$ 35,171,600

Regular Operating Expenses..............................................................................! 1,131,865

Travel ....................................................................................................................$ 1,374,915

Motor Vehicle Equipment Purchases..............................................................! 97,245

Publications and Printing ..................................................................................$ 2,070,145

Equipment Purchases ........................................................................................$ 371,585

Computer Charges...............................................................................................! 7,165,851

Real Estate Rentals.............................................................................................! 2,008,340

Telecommunications...........................................................................................! 579,775

Per Diem, Fees and Contracts..........................................................................! 205,595

County Tax Officials/Retirement and FICA...................................................$ 1,593,000

Motor Vehicle Tag Purchases ...........................................................................$ 2,423,750

Motor Vehicle Decal Purchases........................................................................! 441,875

Postage..................................................................................................................! 2,219,340

Utilization Adjustment.....................................................................................! (495,129)

Total Funds Budgeted........................................................................................! 57,914,362

Indirect DOAS Services Funding...................................................................!

-0-

State Funds Budgeted ........................................................................................$ 57,914,362

Department of Revenue Functional Budgets

Total Funds

State Funds

Departmental Administration

4,743,181

4,743,181

Internal Administration

6,238,912

6,238,912

Electronic Processing

3,662,044

3,662,044

Field Services

11,608,295

11,608,295

Income Tax

6,543,842

6,543,842

Motor Vehicle

13,140,821

13,140,821

Central Audit

4,759,260

4,759,260

Property Tax

3,863,395 $

3,863,395

1972

JOURNAL OF THE HOUSE,

Sales Tax

3,849,741

3,849,741

Utilization Adjustment

(495.129)

(495.129)

Total

57,914,362

57,914,362

Section 40. Secretary of State. A. Budget Unit: Secretary of State.....................................................................$ 17,396,402
Personal Services.................................................................................................! 11,168,596 Regular Operating Expenses..............................................................................! 1,502,717 Travel ...................................................................................................................$ 221,406 Motor Vehicle Equipment Purchases..............................................................! 146,677 Publications and Printing .................................................................................$ 382,075 Equipment Purchases ........................................................................................$ 175,199 Computer Charges ..............................................................................................$ 569,700 Real Estate Rentals.............................................................................................! 1,802,820 Telecommunications...........................................................................................$ 293,517 Per Diem, Fees and Contracts..........................................................................$ 477,518 Election Expenses...............................................................................................! 500,000 Postage .................................................................................................................$ 320,257 Utilization Adjustment.....................................................................................! (164,080) Total Funds Budgeted........................................................................................! 17,396,402 State Funds Budgeted........................................................................................! 17,396,402

Secretary of State Functional Budgets

Total Funds

State Funds

Internal Administrraation

!

2,547,486 !

2,547,486

Archives and Records

!

4,116,785 !

4,116,785

Corporations Reguillation

!

1,604,009 !

1,604,009

Elections and Camnpaaii;gn Disclosure

!

1,236,673 !

1,236,673

Securities Regulattiion

!

1,286,568 !

1,286,568

Drugs and Narcot;iiccs

!

730,959 !

730,959

State Campaign and Financial Disclo>ssuure

!

142,039 !

142,039

(ccupational Certtiiffiiccaaition

!

5,895,963 !

5,895,963

Utilization Adjust;mment

$

(164,080) !

(164,080)

Total

!

17,396,402 !

17,396,402

Accounting

Occupational Certification Functional Budgets Board

Cost of

Costs

Operations

!

197,605 !

349,303

Architect

!

55,960 !

122,571

Athletic Trainers

!

736 !

3,066

Auctioneers

!

6,022 !

31,799

Barbers

!

9,120 !

134,965

Chiropractic

!

13,040 !

76,790

Construction Induistry

!

65,960 !

397,133

MONDAY, MARCH 3, 1986

1973

Cosmetology

$

33,660 $

653,366

Dentistry

$

53,955 $

268,581

Dieticians

$

12,945 $

22,270

Engineers

$

54,440 $

287,217

Forestry

$

3,451 $

27,041

Funeral Service

$

18,770 $

182,374

Geology

$

3,157 $

16,584

Hearing Aid

$

4,297 $

13,022

Landscape Architect

$

12,129 $

22,437

Librarians

$

2,399 $

16,366

Marriage and Family Therapists

$

30,460 $

85,482

Medical Examiners

$

141,670 $

1,060,965

Nursing Home Administrators

$

11,025 $

52,470

Board of Nursing

$

62,180 $

748,600

Dispensing Opticians

$

5,387 $

39,668

Optometry

$

13,610 $

32,981

Occupational Therapy

$

8,920 $

16,332

Pharmacy

$

75,363 $

426,254

Physical Therapy

$

16,350 $

45,510

Podiatry

$

4,105 $

13,407

Polygraph Examiners

$

6,319 $

23,625

Practical Nursing

$

48,420 $

425,737

Private Detective

$

11,720 $

274,618

Psychologists

$

13,191 $

56,724

Recreation

$

5,270 $

22,342

Sanitarian

$

3,795 $

17,739

Speech Pathology

$

5,375 $

20,648

Used Car Dealers

$

13,510 $

131,681

Used Car Parts

$

8,305 $

30,652

Veterinary

$

39,615 $

97,115

Wastewater

$

6,160 $

101,427

Total

$

1,078,396 $

6,348,862

B. Budget Unit: Real Estate Commission................ Real Estate Commission Budget: Personal Services....................................................... Regular Operating Expenses....................................

,...$ 1,155,050
$ 709,000 $ 115,000

1974

JOURNAL OF THE HOUSE,

Travel.......................................................

13,000

Motor Vehicle Equipment Purchases..

16,000

Publications and Printing.....................

26,000

Equipment Purchases ............................

8,000

Computer Charges..................................

128,500

Real Estate Rentals................................

44,000

Telecommunications...............................

17,000

Per Diem, Fees and Contracts..............

90,000

Utilization Adjustment.

(11,450)

Total Funds Budgeted..........................................................................................! 1,155,050

State Funds Budgeted ..........................................................................................$ 1,155,050

Real Estate Commission Functional Budget

State Funds

Cost of Operations

Real Estate Commission

$

1,155,050 $

1,207,000

Section 41. Georgia Student Finance Commission.

Budget Unit: Georgia Student Finance Commission ......................................$ 17,646,000

Administration Budget:

Personal Services.................................................................................................$ 2,855,000

Regular Operating Expenses.............................................................................$ 197,000

Travel ...................................................................................................................$ 52,000

Motor Vehicle Equipment Purchases ............................................................$

-0-

Publications and Printing .................................................................................$ 78,000

Equipment Purchases ........................................................................................$ 24,000

Computer Charges ..............................................................................................$ 249,000

Telecommunications...........................................................................................! 88,000

Per Diem, Fees and Contracts..........................................................................! 17,000

Payment of Interest and Fees ..........................................................................$ 381,000

Guaranteed Educational Loans .........................................................................$ 3,325,000

Tuition Equalization Grants..............................................................................! 11,130,500

Student Incentive Grants...................................................................................! 4,790,500

Law Enforcement Personnel

Dependents' Grants........................................................................................! 34,000

North Georgia College

ROTC Grants..................................................................................................! 128,000

Osteopathic Medical Loans...............................................................................! 240,000

Georgia Military Scholarship

Grants...............................................................................................................! 166,000

Academic Scholarships.....................................................................................!

-0-

Utilization Adjustment.....................................................................................!_____-0-

Total Funds Budgeted........................................................................................! 23,755,000

State Funds Budgeted ........................................................................................$ 17,646,000

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration

3,560,000 !

-0-

Higher Education Assistance Corporation

381,000 !

361,000

Georgia Student Finance Authority Utilization Adjustment

19,814,000 !
-0; !

17,285,000 -0-

Total

23,755,000 !

17,646,000

MONDAY, MARCH 3, 1986

1975

Section 42. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee......................................$ 940,288 Soil and Water Conservation Central Office Budget: Personal Services......................................................................................................$ 631,598 Regular Operating Expenses...................................................................................! 58,000 Travel .........................................................................................................................$ 50,000 Motor Vehicle Equipment Purchases ..................................................................$ -0Publications and Printing .......................................................................................$ 22,000 Equipment Purchases ..............................................................................................$ 4,000 Computer Charges....................................................................................................! 2,000 Real Estate Rentals..................................................................................................! 33,000 Telecommunications.................................................................................................! 18,120 Per Diem, Fees and Contracts...............................................................................! 131,000 Utilization Adjustment ...........................................................................................$ (9,430) Total Funds Budgeted.............................................................................................! 940,288 State Funds Budgeted .............................................................................................$ 940,288

Section 43. Teachers' Retirement System.

Budget Unit: Teachers' Retirement System.....................................................! 11.986.606

Departmental Operations Budget:

Personal Services.................................................................................................! 2,111,000

Regular Operating Expenses.............................................................................! 72,000

Travel...................................................................................................................! 25,000

Motor Vehicle Equipment Purchases............................................................!

-0-

Publications and Printing .................................................................................$ 54,000

Equipment Purchases ........................................................................................$

7,000

Computer Charges..............................................................................................! 730,000

Real Estate Rentals............................................................................................! 186,000

Telecommunications...........................................................................................! 57,000

Per Diem, Fees and Contracts..........................................................................! 279,000

Postage.................................................................................................................! 88,000

Cost-of-Living Increases for Local

Retirement System Members ........................................................................$ 1,950,000

Floor Fund for Local

Retirement Systems........................................................................................! 1,180,000

Post Retirement

Benefit Increases..............................................................................................! 8,856,606

Total Funds Budgeted........................................................................................! 15,595,606

State Funds Budgeted........................................................................................$ 11,986,606

Section 44. Department of Transportation. Budget Unit: Department of Transportation.................................................! 449,844,870
For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities.
Departmental Operations Budget: Personal Services...............................................................................................! 172,918,800 Regular Operating Expenses............................................................................! 47,913,019 Travel..................................................................................................................! 1,461,200 Motor Vehicle Equipment Purchases.............................................................! 1,001,500 Publications and Printing ...............................................................................$ 855,800 Equipment Purchases.......................................................................................! 2,969,120 Computer Charges.............................................................................................! 2,458,041 Real Estate Rentals...........................................................................................! 1,082,103 Telecommunications..........................................................................................! 1,774,400 Per Diem, Fees and Contracts.........................................................................! 13,712,700 Capital Outlay....................................................................................................! 565,099,144

1976

JOURNAL OF THE HOUSE,

Grants to Counties............................................................................................? 9,317,013

Grants to Municipalities...................................................................................? 9,317,000

Capital Outlay - Airport Development........................................................?

-0-

Capital Outlay - Airport Approach Aid

and Operational Improvement..................................................................?

-0-

Mass Transit Grants...,.....................................................................................? 7,426,563

Savannah Harbor Maintenance Payments...................................................? 630,000

Spoilage Area Acquisition, Clearing,

Preparation and Dike Reconstruction........................................................? 5,570,000

Utilization Adjustment...................................................................................?____(20j377)

Total Funds Budgeted......................................................................................? 843,486,026

State Funds Budgeted......................................................................................? 449,844,870

Department of Transportation Functional Budgets

Total Funds

State Funds

Motor Fuel Tax Budget

Planning and Construction

$ 588,637,462 ? 217,080,829

Maintenance and Betterments

? 196,937,510 ? 189,265,029

Facilities and Equipment

?

4,663,200 ?

4,000,000

Assistance to Counties

?

9,317,013 $

9,317,013

Administration Undistributed Total

$

16,937,129 ?

16,337,129

?

:Qi $

-0-

? 816,492,314 ? 436,000,000

General Funds Budget

Grants to Municipalities

$

9,317,000 ?

9,317,000

Paving at State and Local Schools and State Institutions

$

-0- ?

-0-

Paving at State Parks and Historic Sites

$

-0- ?

-0-

Air Transportation

$

1,790,376 ?

1,310,376

Inter-Modal Transfer Facilities

?

9,206,713 $

2,107,871

Harbor Maintenance Facilities

?

6,200,000 ?

630,000

Utilization Adjustment

?

(20,377) ?

(20,377)

Contract with Department of Public Safety

$

500,000 $

500,000

Total

?

26,993,712 ?

13,844,870

Section 45. Department of Veterans Service. Budget Unit: Department of Veterans Service......... Departmental Operations Budget: Personal Services......................................................... Regular Operating Expenses...................................... Travel ............................................................................ Motor Vehicle Equipment Purchases.......................

? 15,329,247
.? 3,838,000 $ 45,000 $ 82,000
-0-

MONDAY, MARCH 3, 1986

1977

Publications and Printing .................................................................................$ 22,000

Equipment Purchases ........................................................................................$ 97,000

Computer Charges.............................................................................................$

-0-

Real Estate Rentals............................................................................................$ 198,000

Telecommunications...........................................................................................$ 58,000

Per Diem, Fees and Contracts..........................................................................! 12,000

Capital Outlay...................................................................................................!

-0-

Postage .................................................................................................................$ 33,000

Operating Expense/Payments to

Central State Hospital....................................................................................! 9,050,000

Operating Expense/Payments to

Medical College of Georgia ............................................................................$ 4,902,097

Regular Operating Expenses

for Projects and Insurance............................................................................! 184,000

Utilization Adjustment.....................................................................................! (43,850)

Total Funds Budgeted........................................................................................! 18,477,247

State Funds Budgeted ........................................................................................$ 15,329,247

Veterans Service Functional Budgets

Total Funds

State Funds

Veterans Assistance

$

4,302,000

4,087,000

Veterans Home and Nursing Facility - Milledgeville

!

9,246,000

7,429,000

Veterans Nursing Home - Augusta

!

4,973,097

3,857,097

Utilization Adjustment

$

(43.850)

(43.850)

Total

$

18,477,247

15,329,247

Section 46. Workers' Compensation Board.

Budget Unit: Workers' Compensation Board.....................................................! 5,724,900

Operations Budget:

Personal Services...................................................................................................! 4,559,080

Regular Operating Expenses...............................................................................! 75,000

Travel.....................................................................................................................! 58,000

Motor Vehicle Equipment Purchases..............................................................!

-0-

Publications and Printing...................................................................................! 78,000

Equipment Purchases..........................................................................................! 30,000

Computer Charges................................................................................................! 200,000

Real Estate Rentals..............................................................................................! 528,000

Telecommunications.............................................................................................! 87,000

Per Diem, Fees and Contracts............................................................................! 123,000

Postage...................................................................................................................! 80,000

Utilization Adjustment.......................................................................................! (58.180)

Total Funds Budgeted..........................................................................................! 5,759,900

State Funds Budgeted..........................................................................................! 5,724,900

Workers' Compensation Board Functional Budgets

Total Funds

State Funds

Administration

5,251,080

5,216,080

Vocational Rehabilitation

567,000

567,000

Utilization Adjustment

(58.180)

(58,180)

Total

5,759,900

5,724,900

1978

JOURNAL OF THE HOUSE,

Section 47. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) ...........................................................$ 234,414.490
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New)...............................................................$ 16.097,498
Section 48. 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.
Section 49. 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 50. 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, $20,000 is designated and committed to permit Judges with fewer than five years of experience to attend the Judicial College.
Section 51. Provisions Relative to Section 6, Juvenile Courts. The appropria tions in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.
Section 52. Provisions Relative to Section 7, Institute of Continuing Judicial Education. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 53. Provisions Relative to Section 8, Judicial Council. The appropria tions in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council.
Section 54. Provisions Relative to Section 13, Department of Administrative Services. Income to the Department of Administrative Services from user agencies shall not exceed the amounts listed below for each service activity except to provide general salary increases authorized for all State employees, or unless there is a corresponding fund availability, with prior budgetary approval, in the appropriate object class or classes of user agency or agencies for which the Department provides service:
General Services .....................................................................................................$ 570,000 Data Processing Services........................................................................................? 45,363,191 Motor Vehicle Services...........................................................................................! 2,465,000 Communication Services........................................................................................? 33,559,000 Printing Services .....................................................................................................$ 5,392,000

MONDAY, MARCH 3, 1986

1979

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 55. Provisions Relative to Section 14, Department of Agriculture. From the appropriation in Section 14 (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 "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 14 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 56. Provisions Relative to Section 19, State Board of Education Department of Education. From the appropriation in Section 19 (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.
None of the State funds appropriated in Section 19 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, 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.
Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), Funds will be allocated to each RESA for FY86-87 on the basis of oneeighteenth of the total appropriation for each Area Planning and Development area served; provided, however, that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA and that each RESA has the commitments of each anticipated member system to contribute at least the same equivalent amount during FY86-87 that it contributed during FY85-86.
Provided, that for the above appropriations relative to equalization grants authorized under Code Section 20-2-165, the grants to each system which serves under contract all of the students in one or more grade levels from an adjoining school system shall be the larger of the following two amounts:
a. The equalization grant calculated as prescribed in Code Section 20-2-165 and reduced by the amount of funds transferred under contract between adjoining school systems, as prescribed by Code Section 20-2-163; or
b. The equalization grant calculated as prescribed in Code Section 20-2-165 except that all FTE student counts used in such calculations are reduced by the number of

1980

JOURNAL OF THE HOUSE,

FTE student counts enrolled in the receiving system under the contract with the adjoin ing system and the resulting amount shall not be reduced pursuant to Code Section 20-2-163. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,155.03. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Section 57. Provisions Relative to Section 20, Employees' Retirement System. The Employees' Retirement System is authorized to increase the employer con tribution rate by sixteen one-hundredths of one percent of salaries to fund one and onehalf per cent cost of living increases on July 1, 1986, and January 1, 1987.

Section 58. Provisions Relative to Section 21, Forestry Commission. From the Appropriation in Section 21 (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 59. Provisions Relative to Section 24, 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.
Not less than 95% of the appropriation in Section 24 (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 60. Provisions Relative to Section 26, Department of Human Resources. From the appropriation in Section 26 (Department of Human Resources), $150,000 is designated and committed to operate a hemophilia program in the metropol itan Atlanta area and to operate a hemophilia program in Augusta; further, $300,000 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; 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.

MONDAY, MARCH 3, 1986

1981

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 26 (Department of Human Resources), $146,000 is designated and committed to operate the ROW Industries, Inc.
From the appropriation in Section 26, 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 26 (Department of Human Resources) relating to the Public Health--Family Health Activity, $50,000 is designated and committed to purchase, lease or otherwise acquire or reimburse for the purchase of drugs and medical treatment of persons with cystic fibrosis over the age of 21. Funds shall be expended for those 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 26 (Department of Human Resources), not less than $186,000 is committed for funding of the Community Cardiovascular Council StrokeScreening Program.
From the appropriation in Section 26 (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.
It is the intent of this General Assembly that any new Midwifery program funded after July 1, 1986, must be on a contractual basis.
From the appropriation in Section 26 (Department of Human Resources), $42,406 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 26 (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

1982

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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 26 (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 $455, 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 26 (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 26 (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 and Gracewood State Hospital are authorized to transfer avail able surplus funds of no more than $100,000 each to the Department of Offender Rehabili tation to provide appropriate security coverage for inmate labor at these Hospitals.
Section 61. Provisions Relative to Section 27, Department of Industry and Trade. From the appropriation in Section 27 (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 62. Provisions Relative to Section 29, 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 63. Provisions Relative to Section 31, 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 31, no funds for the payment of Medicaid Benefits may be expended for the purpose of reimbursing return-on-equity for hospitals.
Section 64. Provisions Relative to Section 32, 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 $121.73 per merit system bud geted position for the cost of departmental operations.

MONDAY, MARCH 3, 1986

1983

It is the intent of this General Assembly that the employer contribution rate for health insurance for State Fiscal Year 1987 shall not exceed five and seventy-five one hundredths percent (5.75'V,).
Section 65. Provisions Relative to Section 33, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 33 (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 33.
From the appropriation in Section 33 (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 33, 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 Beach Restoration) shall be expended prior to receipt of Federal matching funds.
Section 66. Provisions Relative to Section 17, 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 17 (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.
The Department of Corrections is authorized and directed to use agency funds to pur chase and renovate the Labor Department facility in Gainesville, Georgia.
Section 67. Provisions Relative to Section 35, Department of Public Safety. From the appropriation in Section 35 (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 35, 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.
The Department of Public Safety is authorized to contract with the Department of Transportation for patrol duty at Department of Transportation construction sites.
Section 68. Provisions Relative to Section 38, Regents, University System of Georgia. Where personnel are paid in whole or in part from funds other than State

1984

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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 l/2 % Personal Services continuation factor incorporated into the Resident Instruction appropriation in Section 38 (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.
Provided, that from the appropriation for the Agricultural Experiment Station, $250,000 is designated and committed for a horticulture specialist in peaches, vegetables, and small fruits and a horticulture specialist in disease control in pecans and peanuts, both at the Tifton Experiment Station.
Provided, that from the appropriation for the Cooperative Extension Service, $300,000 is designated and committed for a vegetable specialist at Statesboro, a weed specialist in row crops at Tifton, a weed specialist in horticulture at Tifton, a soil and fertilizer special ist at Tifton, an animal science specialist at Griffin, and a catfish specialist at Griffin.
Section 69. Provisions Relative to Section 39, Department of Revenue. From the appropriation in Section 39 (Department of Revenue) relating to motor vehicle tag purchases, $2,423,750 is designated and committed for the sole purpose of contracting for the production of motor vehicle tags and may be used for partial, advance payment during tag production.
Section 70. Provisions Relative to Section 41. From the appropriation in Section 41 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 41 relative to Tuition Equalization Grants provides for payment of grants of $800 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 71. Provisions Relative to Section 44, Department of Transporta tion. In order to meet the requirements for projects on the Interstate System, the Office

MONDAY, MARCH 3, 1986

1985

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 44 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.
The Appropriations Act authorizes $8,878,280 in General Obligation Bonds for construc tion of various projects or parts of projects on the State Highway system. It is the intent of the General Assembly that funds presently allocated to such projects or parts of projects shall be reallocated to General Fund LARP projects and the General Funds on the LARP projects shall be reallocated as follows:
Savannah Harbor Widening Project ......................................................................$ 4,200,000
Railroad Relocation and Grade Separation Projects ...............................................................................................$ 4,678,280
This Appropriations Act authorizes $26 million in General Obligation Bonds for con struction of various projects or parts of projects in the State Highway System. It is the intent of the General Assembly that funds presently allocated to such project or parts of such projects shall be reallocated to the Talmadge Bridge construction project.
Section 72. Provisions Relative to Section 34, Board of Postsecondary Edu cation. None of the State funds appropriated in Section 34 may be used for the purpose of planning, designing, constructing, or renovating area vocational-technical schools unless said school agrees to be governed by the State Board of Postsecondary Vocational Edu cation.
Section 73. In addition to all other appropriations for the State fiscal year ending June 30, 1987, there is hereby appropriated $3,228,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $6,535,000 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 ($6,400,000 Budget Unit "C") in the Department of

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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 74. 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 75. 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 76. 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 77. 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 78. 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 79. 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 80. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 81. 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

MONDAY, MARCH 3, 1986

1987

available for their use, including but not limited to the Georgia Interactive Statewide Tele communications Network either directly or indirectly.
Section 82. 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 83. 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 Reports submitted to the General Assembly for this State fiscal year, 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 Execu tive Branch between objects, functional budgets, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commenc ing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be so transferred between objects without the prior approval of at least eleven mem bers of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each Executive Branch budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commis sion, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no 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 84. Wherever in this Act the term "Budget Unit Object Classes" is used, it shall mean that the object classification following such term shall apply to the total expenditures with the Budget Unit, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 85. 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

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(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 86. 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 87. 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 88. Delayed Hiring Factor by Department.

Agency

Legislative Branch

$

-0-

Department of Audits

$

-0-

Supreme Court

$

-0-

Court of Appeals

$

-0-

Superior Courts

$

-0-

Juvenile Court

$

-0-

Institute of Continuing Judicial Education

$

-0-

Judicial Council

$

-0-

Judicial Qualifications Commission

$

-0-

Council of Magistrate Court Judges

$

-0-

Council of Probate Court Judges

$

-0-

Council of State Court Judges

$

-0-

Department of Administrative Services

$ 2,200

Department of Agriculture

$

-0-

Department of Banking and Finance

$

-0-

Department of Community Affairs

$

-0-

Department of Corrections

$ 1,609,000

Department of Defense

$

-0-

Department of Education

$

-0-

Employees' Retirement System

$

-0-

Georgia Forestry Commission

$

-0-

Georgia Bureau of Investigation

$ 29,400

MONDAY, MARCH 3, 1986

1989

Georgia State Financing and

Investment Commission

-0-

Office of the Governor

10,200

Department of Human Resources "A" Department of Human Resources "B" Department of Human Resources "C" Department of Industry and Trade Department of Insurance Department of Labor Law Department Department of Medical Assistance Merit System Department of Natural Resources Board of Postsecondary Education

20,923 -0-0-0-0-0-0-0-0-0-0-

Department of Public Safety

585,000

Public Service Commission

2,140

Board of Regents "C"

18,415

Department of Revenue

-0-

Secretary of State State Student Finance Commission Soil and Water Conservation Committee Teachers' Retirement System Department of Transportation Department of Veterans Service Board of Workers' Compensation

2,410 -0-0-0-0-0-0-

Section 89. Cost-of-Living Increases. In addition to all other appropriations for the State fiscal year ending June 30, 1987, there is hereby appropriated $142,560,926 for the purpose described herein: 1.) An increase of 4% with a $500 minimum for full-time employees of the Executive, Judicial and Legislative branches of State government, effec tive July 1, 1986; 2.) For an increase from $16,000 to $16,800 for the T-4 entrance level, with first and second year teachers to be paid as those with two years of experience and with resumption of annual increments after completion of one year experience and perma nent certification, effective the following month, effective September 1, 1986; 3.) For school bus drivers and lunchroom workers a 4% increase to be effective July 1, 1986; 4.) For University System employees, a 4% salary increase to be effective September 1, 1986 for academic contracted personnel; 5.) A 4% salary increase, effective July 1, 1986, for non-academic personnel, and fiscal year contracted personnel of the University System and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diag nostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Station; and 6.) An increase of 4% for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as amended, as author ized in said act, Code Section 45-7-4.

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In addition, $4,036,171 is provided for upgrading selected classifications as recommended by the State Merit System. All Merit System classes shall be increased by one pay grade effective July 1, 1986, with the provision that all employees will be moved to a new pay grade without increase, except where it is necessary to bring employees to the minimum step of the new pay grade. The mileage reimbursement rate shall be increased from $.20 to $.21 per mile effective July 1, 1986.
Provided, further, that no funds shall be transferred from this section without prior approval by the Legislative Budget Office.

Section 90. Provisions Relative to Section 47, State of Georgia General Obligation Debt Sinking Fund. Provided, that from the amount appropriated for the State of Georgia General Obligation Debt Sinking Fund, the amount as shown for the spe cific projects is specifically appropriated for the purpose shown through the issuance of not more than the amount listed in principal amount of General Obligation Debt:

Project - Principal Amount

Debt Service

Talmadge Bridge($26,000,000)

$ 3,120,000

Agricultural Exposition ($14,990,000)

$ 1,648,900

Lake Lanier Islands Development Authority Expansion ($13,600,000)

$ 1,496,000

Public Safety Training Center dormitory ($8,000,000)

$ 880,000

Griffin and Moultrie AVT School Expansion and Renovations ($2,900,000)

$ 319,000

Augusta Correctional Institution Surgical Unit ($1,500,000)

$ 165,000

Atlanta Farmers Market ($1,500,000)

$ 165,000

Savannah Harbor Widening Project ($4,200,000)

$ 462,000

Meat Processing and Storage Facility ($2,080,000)

$ 230,000

LaGrange and Valdosta Railroad Relocation ($4,678,280)

$ 514,700

G.C.I.C. and Fingerprint Computers ($7,600,000)

$ 836,000

Georgia State Land Purchase ($1,475,000)

$ 162,250

Tifton Seed Lab ($2,335,000)

$ 256,850

Augusta College Physical Education/ Gymnasium ($8,500,000)

$ 935,000

Georgia Southern Student Center ($9,500,000)

$ 1,045,000

Georgia Development Authority ($100,000)

$ 11,000

Board of Regents Capital Construction ($30,050,000)

$ 3,305,500

MONDAY, MARCH 3, 1986

1991

Department of Transportation General Fund Projects ($3,843,000)

$ 422,730

Regent's Equipment ($1,114,250)

$ 122,568

Provided that if the Georgia State Financing and Investment Commission determines that bonds cannot be sold for the Agricultural Exposition and the Lake Lanier Islands Development Authority expansion, funds appropriated for debt service for these projects may be used for Capital Outlay.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $4,096,700 is specifically appropriated for the purpose of financing a highway construction program of the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, improvement, recon struction and resurfacing of land, waters, property, highways, buildings, structures, equip ment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $34,878,280 in principal amount of General Obli gation Debt.

Section 91. TOTAL STATE FUND APPROPRIATIONS State F.Y. 1987...................................................................................................$ 5,316,000,000

Section 92. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Section 93. 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 1300.
The motion prevailed.

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 following Senate substitute was read:

A BILL
To amend Title 42 of the Official Code of Georgia Annotated, relating to penal insti tutions, so as to provide 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; to provide that the commissioner of corrections shall maintain an educational program within the state prison system to assist inmates in achieving a certain level of education; to provide for additional educational programs; to encourage inmates to participate in an educational program; to provide exceptions; to provide for cooperation and coordination between the Department of Corrections and the Department of Education; to provide for rules and regulations; to provide for the State Board of Pardons and Paroles to consider an inmate's participation and achievement in educational programs when relief from sen tence is being considered for the inmate; to provide that when the State Board of Pardons and Paroles releases inmates to alleviate the overcrowding of the prison system, special consideration shall be given to inmates who have participated in educational programs and

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JOURNAL OF THE HOUSE,

achieved a certain level of education; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 42 of the Official Code of Georgia Annotated, relating to penal insti tutions, is amended by striking in its entirety subsection (b) of Code Section 42-5-59, relating to the employment of inmates in the community, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) An inmate authorized to work at paid employment in the community under subsection (a) of this Code section shall comply with all rules and regulations promul gated by the board relative to the handling, disbursement, and holding in trust of all funds earned by the inmate while under the jurisdiction of the department. An amount determined to be the cost of the inmate's keep and confinement shall be deducted from the earnings of each inmate, and such amount shall be deposited in the treasury of the department; provided, however, that, if the inmate is assigned to a county correctional institution, the deducted amount shall be deposited in the treasury of the county to which the inmate is assigned. After the deduction for keep and confinement, the commissioner shall:
(1) Allow the inmate to draw from the balance a reasonable sum to cover his inci dental expenses;
(2) Retain to the inmate's credit an amount as is deemed necessary to accumulate a reasonable sum to be paid to him on his release from the penal institution; and
(3) Deduct from the inmate's funds any amounts necessary to cover the costs of medical or dental attention provided to the inmate, said deductions to be made in accordance with policies and procedures promulgated by the commissioner; and
{} (4) Cause to be paid any additional balance as is needed for the support of the inmate's dependents."
Section 2. Said title is further amended by adding at the end of Article 3 of Chapter 5, relating to the conditions of detention generally, a new Code Section 42-5-64 to read as follows:
"42-5-64. (a) The commissioner shall maintain an educational program within the state prison system to assist inmates in achieving at least a fifth-grade level on stan dardized reading tests. Inmates who test below the fifth-grade level will be encouraged by institutional staff to attend appropriate classes until they attain this level.
(b) For the purposes of this Code section, educational programing shall not apply to inmates who:
(1) Have been sentenced to death; (2) Have attained 50 years of age; or (3) Have serious learning disabilities. (c) The commissioner shall provide additional educational programs in which inmates can voluntarily participate to further their education beyond the fifth-grade level. (d) The commissioner shall utilize available services and programs within the Department of Education, and the Department of Education shall cooperate with the commissioner in the establishment of educational programs and the testing of inmates as required in this Code section. (e) The commissioner shall be authorized to promulgate rules and regulations neces sary to carry out the provisions of this Code section."
Section 3. Said title is further amended by striking in its entirety subsection (c) of Code Section 42-9-42, relating to procedure for the State Board of Pardons and Paroles to follow in granting relief from sentence, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Good conduct2 achievement of a fifth-grade level or higher on standardized reading tests, and efficient performance of duties by an inmate shall be considered by the board in his favor and shall merit consideration of an application for pardon or parole. No inmate shall be placed on parole until and unless the board shall find that

MONDAY, MARCH 3, 1986

1993

there is reasonable probability that, if he is so released, he will live and conduct himself as a respectable and law-abiding person and that his release will be compatible with his own welfare and the welfare of society. Furthermore, no person shall be released on pardon or placed on parole unless and until the board is satisfied that he will be suit ably employed in self-sustaining employment or that he will not become a public charge. However, notwithstanding other provisions of this chapter, the board may, in its discre tion, grant pardon or parole to any aged or disabled persons."
Section 4. Said title is further amended by striking in its entirety subsection (a) of Code Section 42-9-43, relating to information to be considered by the State Board of Par dons and Paroles generally, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The board, in considering any case within its power, shall cause to be brought before it all pertinent information on the person in question. Included therein shall be:
(1) A report by the superintendent, warden, or jailer of the jail or state or county correctional institution in which the person has been confined upon the conduct of record of the person while in such jail or state or county correctional institution;
(2) The results of such physical and mental examinations as may have been made of the person;
(3) The extent to which the person appears to have responded to the efforts made to improve his social attitude; afl4
(4) The industrial record of the person while confined, the nature of his occupa tions while so confined, and a recommendation as to the kind of work he is best fitted to perform and at which he is most likely to succeed when and if he is released; ] and
(5) The educational programs in which the person has participated and the level of education which the person has attained based on standardized reading tests. The board may also make such other investigation as it may deem necessary in order to be fully informed about the person."
Section 5. Said title is further amended by striking in its entirety subsection (c) of Code Section 42-9-60, relating to the overcrowding of prison system as creating state of emergency, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Upon the declaration of a state of emergency with regard to the jail and prison overcrowding by the Governor, the board shall select sufficient state prison inmates to reduce the state prison population to 100 percent of its capacity and issue such selected inmates a parole, but no dangerous offender shall be eligible for selection by the board. The board shall give special consideration for early release under this Code section to inmates who have participated in educational programs and who have achieved a fifthgrade level or higher on standardized reading tests. The selection of state prison inmates to be released under the authority contained in this Code section may be made without regard to limitations placed upon the service of a portion of the prison sentence pro vided by Code section Section 42-9-45."
Section 6. Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The remaining sections of this Act shall become effective October 1, 1986.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Colwell of the 4th moved that the House disagree to the Senate substi tute to HB 1638.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1186. By Representatives Robinson of the 96th, Ware of the 77th, Wood of the 9th and Buck of the 95th:

1994

JOURNAL OF THE HOUSE,

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.

Representative Groover of the 99th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1186 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Thomas of the 69th, Groover of the 99th and Robinson of the 96th.

The following Resolutions of the House were read and adopted:

HR 882. By Representatives Phillips of the 120th, Byrd of the 153rd and Moody of the 153rd:
A resolution recognizing and commending the Paul Anderson Youth Home.

HR 884. By Representative Williams of the 48th:
A resolution urging the Medical Association of Georgia to adopt the advice of The American Academy of Pediatrics and the American College of Obstetricians and Gynecologists against routine circumcision of newborn male infants.

The following Resolution of the House was read:

HR 883. By Representative Williams of the 48th: A resolution urging the Governor to prohibit smoking in all state buildings.

Representative Johnson of the 72nd moved that HR 883 be referred to the Committee on Rules.

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

Y Aaron Adams.G
Y Adams.M Aiken Alford
Y Alien
Y Anderson Argo Athon
N Atkins Y Auten Y Bailey YBalkcom N Bannister
Y Bargeron Y Barnett.B

Y Barnett.M Y Beck Y Benefield
Benn Y Birdsong
Bishop Y Bolster Y Bostick
Y Branch Bray
N Brooks Y Brown.G
Buck Y Burruss
Byrd Y Carter

Chambless Chance Cheeks Y Childers
N Childs Y Clark.B
Clark.L Colbert Y Coleman Colwell Connell Cooper Y Copelan
Couch Y Cox Y Crawford

Crosby N Cummings
Daugherty N Davis
Dean
Dixon Y Dobbs Y Dover Y Dunn Y Edwards
N Felton Y Floyd
Y Foster Galer Godbee
N Goodwin

N Greene Y Greer Y Groover Y Hamilton
Y Manner Y Harris Y Hasty Y Hays
Heard N Hill
Y Holcomb N Holmes Y Hooks
Home Y Hudson
Isakson

MONDAY, MARCH 3, 1986

1995

YJackson,J N Jackson.N
YJamieson Johnson,D
YJohnson,F YJohnson,R YJohn9on,S YKilgore N Kingston
Lane.D NLane,R NLawler N Lawrence
NLawson YYLLeeee,.CW
ULongdaenr YLong YLord

N Lucas N Lupton
Y Maddox Y Mangum Y Martin.C Y Martin,J
Matthews Y McDonald Y Mc"< elvey Y McKmney Y Milam
Milford Y Moody
Y Moore N MMoosrttiolenr
YY MMuoeulllterire YOliver.C YPadgett

JJ Pan"e11 Parham
H*'TMh II*?TM N Pete.rs
*"" Y hl'llps v P'^ston N Rainey " '"' *,DamSey'T; NRamsey.V
Randall
,,^an80m N* RReaayves
Y' RKiicchnaarrdassoonn Robmson.C Robinson,?

On the motion, the ayes were 84, nays 32.

The motion prevailed.

y Roval TMy
fZan Sheoard Y She?rod Y Sinkfield Y S Lmore N Smith L N Smith> a_,:u T Y Smvre v STMw > anTM
Y StdnbL TThho'mmaa/C,C
TTnhwomnpsno(nl Townsend irip!ett

w*e Y Wald
Walker.C Walker.L N Wa Ware Watson Watts ^i* N Wilder N Williams.B N WilliamS,J N WiUiams,R
Wilson WWooorkdman
Y YYoeuarnggin Murphy.Spkr

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 377. By Senators Coleman of the 1st and Scott of the 2nd:
A bill to amend Chapter 2 of Title 41 of the Official Code of Georgia Anno tated, relating to abatement of nuisances generally, so as to change certain restrictions on applicability of certain provisions relating to the repair, clos ing, or demolition of certain buildings and structures; to provide for legis lative 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 roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M Aiken
Y Alford Y Alien Y Anderson Y Argo
Y Athon Y Atkins Y Auten
Bailey Balkcom Bannister Y Bargeron Y Barnett,B Y Barnett.M Y Beck
Y Benefield Benn Birdsong
Y Bishop Y Bolster
Bostick Y Branch
Y Bray Y Brooks Y Brown.G Y Buck

Burruss Y Byrd
Carter Y Chambless
Chance Y Cheeks Y Childers Y Childs
Clark.B Clark.L Colbert Coleman Y Colwell Connell Cooper Copelan Couch Y Cox
Crawford 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 Home
Y Hudson Isakson
Y Jackson,,!
Y Jackson.N Y Jamieson
Y Johnson.D Y Johnson.F Y Johnson,R
Johnson.S

Y Kilgore Y Kingston
Lane.D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C
Y Lee.W Y Linder Y Logan Y Long Y Lord
Lucas Y Lupton
Maddox Y Mangum
Martin.C
Y Martin,J Y Matthews Y McDonald Y McKelvey
McKinney
Milam 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 Pettit
Y Phillips Pinkston
Y Porter Y Rainey Y Ramsey.T Y Ramsey.V
Randall Ransom
Y Ray Y Reaves
Redding Y Richardson Y Robinson.C
Y Robinson.P Y Boss
Y Royal Russell
Y Selman Shepard

1996

JOURNAL OF THE HOUSE,

Y Sherrod
Y Sinkfield Y Sizemore Y Smith.L Y Smith.P
Smith.T Y Smyre

Y Snow
Y Stancil Y Steinberg Y Thomas.C Y Thomas.M
Thompson Y Townsend

Y Triplett
Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall

Ware
Y Watson 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, the ayes were 132, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 317. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Part 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to protection of metropolitan rivers, so as to require a finding from the director of the Environmental Protection division as a prerequisite to an override by a governing authority of the recommendation by the planning and development commission.

The following substitute, offered by Representative Phillips of the 120th et al, was read and adopted:

A BILL
To amend Part 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to protection of metropolitan rivers, so as to require copies of rules and regulations to be submitted to the General Assembly; to require a finding from the director of the Environmental Protection Division as a prerequisite to an override by a governing authority of the recommendation by the planning and development commission; to provide that the director shall follow the purposes set forth in the law and the plan in making such a finding; to provide for appeals from certain findings of the director; 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 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to protection of metropolitan rivers, is amended by striking paragraph (3) of Code Section 12-5-443, relating to land and water use plans and rules and regula tions of area and metropolitan area planning and development commissions, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) Make such rules and regulations as may be necessary to implement the purposes of this part and to administer and implement this part and all rules, regulations, and orders promulgated under this part. A copy of any rules and regulations promulgated pursuant to this paragraph by a metropolitan area planning and development commis sion created pursuant to Article 4 of Chapter 8 of Title 50 shall be provided to the Georgia Senate Natural Resources Committee and the Georgia House of Representatives Natural Resources and Environment Committee; and".
Section 2. Said part is further amended by striking Code Section 12-5-445, relating to applications for certificates, in its entirety and inserting in lieu thereof a new Code Section 12-5-445 to read as follows:
"12-5-445. (a) After receipt of a complete application for a certificate, the governing authority shall transmit to the commission a copy of such complete application and all supporting documents.
(b) (1) If, from the application or from its own investigation, the commission finds that there are inconsistencies between the plan and the land-disturbing activity pro posed by the application, the commission may do any one of the following:
(A) Recommend modification of the application in such manner as to be consis tent with the plan;

MONDAY, MARCH 3, 1986

1997

(B) Make a finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; or
(C) Recommend modification of the application in such manner that the appli cation as so modified, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan. (2) If the commission fails to recommend modification of the application within 60 days from submission of such application to the commission and if the governing authority makes a specific finding that the application is consistent with the plan or makes a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan, the governing authority shall be deemed to have complied with this Code section and may issue the certificate. (c) In any case where the commission has recommended modification of an applica tion, the governing authority may: (1) Adopt such recommendation, incorporate it as a condition of the certificate, and issue a certificate with such conditions, in which case any land-disturbing activity under the certificate must be strictly in accordance with the recommendation so incorporated; (2) After making a specific finding that the application is in compliance with the plan or a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan, override such recommendation by affirmative vote of a two-thirds' majority of the full membership of the governing body; however, such action by the governing authority is not final unless and until the governing authority:
(A) Following the affirmative vote to override, holds a second public hearing on the application and the proposed override of the commission's recommendation, after giving public notice and after mailing notice to the applicant and to the commission at least five days prior to the hearing;
(B) Gives full consideration to all comments made at the second public hearing; anQ
(C) Obtains from the director a written finding that the application is consistent with the plan or, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; and
{) (D) Reaffirms the vote to override the commission's recommendation by affirmative vote of a two-thirds' majority of the full membership of the governing authority, after again making a specific finding that the application is in compliance with the plan or a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; or
(3) Request reconsideration of such recommendation by the commission at a public hearing.
If the governing authority fails to take action under either paragraph (1), (2), or (3) of this subsection within 45 days after the submission of the recommendation of the commission to the governing authority, the certificate shall not be issued. Where a public hearing is requested under this subsection, such public hearing shall be held by the commission within 30 days after receipt of such request. Notice stating the time and place of the public hearing shall be mailed at least five days prior to the hearing to the governing authority and to the applicant and public notice shall be given. The commis sion shall make its final determination with respect to such recommendation within 30 days after such public hearing. The request for a public hearing under this subsection may be made by the applicant or by the governing authority involved.
(d) (1) In making the finding findings required by subsection (b) ef or by para graph (2) of subsection (c) of this Code section, the commission^ ad the governing

1998

JOURNAL OF THE HOUSE,

authorityj and the director shall follow the purposes set forth in this part and the goals set forth by the plan, as amended.
(2) Any finding by the director under paragraph (2) of subsection (c) of this Code section shall be appealable under Chapter 13 of Title 50, known as the 'Georgia Administrative Procedure Act,' as are final decisions in contested cases."
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 report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M Aiken
Y Alford Y Alien Y Anderson YArgo
Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield
Benn Y Birdsong
Bishop 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 Cohvell Y Connell Y Cooper Y Copelan Y Couch YCox 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 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
Jackson.N Y Jamieson Y Johnson.D Y Johnson.F Y Johnson.R
Johnson,S Y Kilgore Y Kingston
Lane.D Y Lane.R Y Lawler Y Lawrence Y Lawson YLee.C YLee.W Y Linder YLogan YLong YLord
Lucas Y Lupton Y Maddox 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 Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V 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 Y Smith,P Y Smith.T Y Smyre YSnow Y Stancil
Steinberg Y Thomas.C
Thomas.M Y Thompson
Townsend
Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L
Y Wall Ware
Y Watson Y Watts
White Y Wilder
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 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Athon of the 57th 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 substitute thereto:

MONDAY, MARCH 3, 1986

1999

HB 1607. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to grant exemptions from Henry County School District ad valorem taxation to certain elderly and disabled residents of Henry County; to pro vide the amount of and qualifications for said exemptions; to supersede and repeal that constitutional amendment relating to homestead exemptions from Henry County School District taxes which is set out at Ga. L. 1982, p. 2515.

The following Senate substitute was read:

A BILL
To grant exemptions from Henry County School District ad valorem taxation to cer tain elderly and disabled residents of Henry County; to provide the amount of and qual ifications for said exemptions; to supersede and repeal that constitutional amendment relating to homestead exemptions from Henry County School District taxes which is set out at Ga. L. 1982, p. 2515; to provide for all matters related to the foregoing; to provide for a special election for the purpose of approval or disapproval of the foregoing by the voters of the Henry County School District; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) The homestead of each resident of Henry County who is totally dis abled or 62 years of age or older and who received less than $15,000.00 of income during the preceding calendar year shall be entirely exempt from Henry County School District taxation. The homestead of each other resident of Henry County who is totally disabled or 62 years of age or older shall be exempt from Henry County School District taxation in the amount of 50 percent of the assessed value of the homestead.
(b) For purposes of this Act the income of a person shall include the net taxable income of the person for Georgia income tax purposes plus the net taxable income for Georgia income tax purposes of each member of the person's family who resides in the homestead.
(c) For purposes of this Act a person is totally disabled if the person has a medically demonstrable condition which renders the person wholly and permanently unable to pursue any gainful employment. The tax officials of Henry County shall require appropri ate proof of such disability, including if necessary the affidavits of not more than two licensed physicians as to the person's disability.
(d) The exemptions granted by this Act shall apply only to ad valorem taxes levied for the support of the Henry County School District, including taxes levied to retire bonded indebtedness of the school district.
(e) The exemptions granted by this Act shall apply to taxes for the year 1988 and future years.
(f) The exemptions granted by this Act shall be in lieu of and not in addition to any other exemption from ad valorem taxes levied for the support of the Henry County School District. Without limiting the generality of the foregoing, it is specifically provided that the provisions of this Act shall as of January 1, 1988, supersede and repeal the provisions of that constitutional amendment relating to exemptions from Henry County School Dis trict ad valorem taxes for certain disabled and elderly citizens of Henry County, which constitutional amendment is set out at Ga. L. 1982, p. 2515.
(g) The exemptions granted by this Act shall be administered and granted in the same manner as the exemption granted pursuant to Code Section 48-5-52; and except as expressly provided otherwise in this Act all provisions of general state law which apply to said exemption shall apply to the exemptions granted by this Act.
Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Henry County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Henry County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1986, general election and shall issue the call therefor not less than 30

2000

JOURNAL OF THE HOUSE,

days prior to that date. The superintendent shall cause the date and purpose of the elec tion to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Henry County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which: (1) provides that the homestead of each resident of Henry County who is totally disabled or 62 years of age or older and who has less than $15,000.00 per year of specified income shall be entirely exempt from Henry County School District taxation; (2) pro vides that the homestead of each other resident of Henry County who is totally disabled or 62 years of age or older shall be exempt from Henry County School District taxation in the amount of 50 percent of the assessed value of the homestead; and (3) supersedes and repeals prior exemptions from Henry County School District ad valorem taxes for the elderly and disabled?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as pro vided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by Henry County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Dunn of the 73rd moved that the House disagree to the Senate substi tute to HB 1607.
The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

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.

Representative Lee of the 72nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 1550 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 Lee of the 72nd, Connell of the 87th and Walker of the 115th.

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:

MONDAY, MARCH 3, 1986

2001

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.

Representative Walker of the 115th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1286 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Walker of the 115th, Lee of the 72nd and Bostick of the 138th.

HB 1246. By Representatives Watson of the 114th, Kilgore of the 42nd and Hooks of the 116th:
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.

Representative Watson of the 114th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1246 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Watson of the 114th, Pettit of the 19th and Kilgore of the 42nd.

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto:

HB 1953. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th, Phillips of the 120th and Lee of the 72nd:
A bill to amend Code Section 45-9-4 of the Official Code of Georgia Anno tated, relating to state liability insurance and self-insurance, so as to provide for insuring and self-insuring liability of officers of the state for separate insurance and self-insurance in connection with abatement and removal of asbestos and other hazardous materials from state facilities.

The following Senate substitute was read:

2002

JOURNAL OF THE HOUSE,

A BILL
To amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Anno tated, relating to state liability insurance for public officers and employees, so as to pro vide for insuring and self-insuring liability of officers of the state for separate insurance and self-insurance in connection with abatement and removal of asbestos and other hazardous materials from state facilities; to provide for protection in certain circumstances; to provide for certain immunity; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Anno tated, relating to state liability insurance for public officers and employees, is amended by striking Code Section 45-9-4, relating to state liability insurance and self-insurance, and inserting in lieu thereof a new Code Section 45-9-4 to read as follows:
"45-9-4. (a) When the commissioner of administrative services determines that an adequate number of agencies, boards, bureaus, commissions, departments, or authorities of this state have requested him to do so, he shall have the authority to purchase poli cies of liability insurance or contracts of indemnity insuring or indemnifying the officers, officials, or employees of such agencies, boards, bureaus, commissions, departments, or authorities against personal liability for damages arising out of the performance of their duties or in any way connected therewith, under a master policy or on a blanket cover age basis with or without deductibles or excess coverage. In such event, the commis sioner may alternatively retain all moneys paid to the Department of Administrative Services as premiums on such policies of liability insurance or contracts of indemnity, all moneys received as interest, and all moneys received from other sources; to set up and maintain a reserve fund for the payment of such liability under, and the expenses necessary to administer properly, a self-insurance program. If the commissioner decides to institute a self-insurance program, he shall establish and maintain a reserve fund for the payment of liabilities arising out of claims against officers, officials, and employees of the state. The commissioner shall invest any such moneys in the same manner as other moneys in his possession.
(b) The commissioner of administrative services shall establish and administer a pro gram for insuring the officers and employees of agencies, boards, bureaus, commissions, departments, or authorities of this state, when such entities request him to do so, against liability in connection with abating or removing asbestos or other hazardous materials in public premises. For this purpose, the commissioner may purchase policies of liability insurance or contracts of indemnity insuring or indemnifying such officers and employees under a master policy or on a blanket coverage basis with or without deductibles or excess coverage. The commissioner may alternatively retain all premium moneys paid to the Department of Administrative Services for such purposes, all moneys received as interest, and all moneys received from other sources to establish and main tain a reserve fund for the payment of such liability and the expenses necessary to administer properly a program of self-insurance. The commissioner shall invest any such money in the same manner as other moneys in his possession. The funds for the insur ance or self-insurance provided for in this subsection shall be designated the 'Hazardous Materials Liability Reserve Fund,' and such fund and program shall be an undertaking separate and apart from the program of liability insurance and self-insurance provided for in subsection (a) of this Code section.
(c) If the insurer of any liability policy purchased for the benefit of the officers and employees of the state or state authorities shall become insolvent, be placed into receivership, be subject to any other delinquency or bankruptcy proceeding, cancel its policies, or take or have taken against it like actions, the commissioner of administrative services may protect such employees against loss by such means as he may determine, including without limitation, undertaking to cover, insure, or self-insure the correspond ing liabilities and expenses, including without limitation claims, contingent claims, and incurred but unreported claims. For these purposes the commissioner may proceed

MONDAY, MARCH 3, 1986

2003

against such insurer, its receiver, or other representative and any other appropriate person by means of the state's own claim or by assignment, subrogation, or otherwise."
Section 2. Said article is further amended by striking Code Section 45-9-5, relating to sovereign immunity, and inserting in lieu thereof a new Code Section 45-9-5 to read as follows:
"45-9-5. Nothing in this article shall constitute a waiver of the immunity of the state from any action. The exercise of authority provided in this article shall not constitute the provision of liability insurance protection under Article Ij Section II, Paragraph IX of the Constitution."
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 Burruss of the 20th moved that the House disagree to the Senate sub stitute to HB 1953.
The motion prevailed.

HB 466. By Representative Hanner 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 Senate amendment was read:

Amend HB 466 by renumbering Sections 3 and 4 as Sections 4 and 5;
and
By adding a new Section 3 to read as follows:
"Section 3. When such law enforcement vehicle is disposed of, or is not in use for law enforcement, the lettering and colored lights must be removed. Any person using such vehicle for his personal use prior to removing colored lights and lettering will be guilty of a misdemeanor."

Representative Hanner of the 131st moved that the House agree to the Senate amend ment to HB 466.
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 Y Argo Y Athon Y Atkins Y Auten Y Bailey YBalkcom N Bannister Y Bargeron Y Barnett,B
N Barnett.M Y Beck

Y Benefield Benn Birdsong Bishop
Y Bolster Y Bostick Y Branch Y Bray Y Brooks
Brown.G Buck Y Burruss Y Byrd 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
Cooper Y Copelan Y Couch Y Cox Y Crawford Y Crosby Y Cummings
Daugherty Davis
Dean Dixon

Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin
Greene Y Greer Y Groover
Hamilton Y Hanner Y Harris
Hasty Y Hays

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 Y Lane.D

2004

JOURNAL OF THE HOUSE,

Y Lane.R Lawler
Y Lawrence
Y Lawson Lee.C
Y Lee.W Y binder Y Logan Y Long Y Lord
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
Morton Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit

Phillips Pinkston Y Porter
Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom Y Ray
Reaves Y Redding Y Richardson
Robinson.C Y Robinson.P Y Ross Y Royal Y Russell Y Selman

On the motion, the ayes were 137, nays 2. The motion prevailed.

Shepard Y Sherrod Y Sinkfield
Y Sizemore Smith,L
Y Smith,? Y Smith.T
Smyre Y Snow Y Stancil Y Steinberg
Thomas.C Thomas,M Y Thompson Townsend Y Triplett 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 Y Young
Murphy.Spkr

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 Senate amendment was read:

Amend HB 1329 by adding on line 10 of page 1 after the following:
"confidential;",
the following:
"to provide for certain costs;".
By adding before the period on line 9 of page 2 the following:
". The actual costs of copying any books, records, or papers for the purpose of responding to a coroner's subpoena under this subsection shall be paid out of county funds to the person or entity required to respond to that subpoena, and the governing authority of the county of which that coroner is a public officer shall pay those costs within 30 days after a bill therefor is submitted to the county".
By adding before the period on line 30 of page 2 the following:
". The actual costs of copying any books, records, or papers for the purpose of responding to a coroner's subpoena under this subsection shall be paid out of county funds to the person or entity required to respond to that subpoena, and the governing authority of the county of which that coroner is a public officer shall pay those costs within 30 days after a bill therefor is submitted to the county".

Representative Cox of the 141st moved that the House agree to the Senate amend ment to HB 1329.
On the motion, the roll call was ordered and the vote was as follows:

MONDAY, MARCH 3, 1986

2005

Y Aaron Adams,G
Y Adams.M
Y Aiken Y Alford Y Alien Y Anderson Y Argo Y Athon
Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bolster Y Bostick
Y Branch YBray
Brooks
Y Brown.G YBuck
Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers

Y Childs N 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 Y Galer Y Godbee Y Goodwin
Y Greene Y Greer Y Groover
Hamilton
Y Hanner Y Harris
Hasty YHays

Y Heard YHill Y Holcomb
Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,J
Jackson.N Y Jamieson Y Johnson.D Y Johnson.F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston Y Lane.D Y Lane.R
Lawler Y Lawrence Y Lawson
Lee.C Y Lee.W Y Linder Y Logan YLong YLord
Lucas Lupton Y Maddox Y Mangum Martin.C
Y Martin,J Y Matthews Y McDonald

On the motion, the ayes were 144, nays 1. The motion prevailed.

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
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
Selman

Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith.P
Smith.T
Y Smyre YSnow
Y Stancil Y Steinberg
Thomas.C Thomas.M Y Thompson Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L
Y Wall Y Ware
Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Wilson Y Wood
Workman Y Yeargin Y Young
Murphy.Spkr

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 insurers and certain corporate surety insurers to underwrite or guarantee cer tain homeowner warranty agreements.

The following Senate amendment was read:

Amend HB 1594 by adding in the title at the end of line 2 of page 1, following the word "as", the following:
"to provide a certain exception to the definition of property insurance;".
By adding on line 15 of page 3, immediately following the word "transportation" and preceding the ".", the following:
"or to any tire replacement contract, agreement, or instrument".

Representative Auten of the 156th moved that the House agree to the Senate amend ment to HB 1594.
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 YArgo Y Athon

Y Atkins Y Auten Y Bailey

Y Balkcom Y Bannister Y Bargeron

2006

JOURNAL OF THE HOUSE,

Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn
Birdsong Y Bishop Y 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 YCoi 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 Y Greer Y Groover
Hamilton Y Manner Y Harris
Hasty YHays
Y Heard YHill Y Holcomb
Holmes
Y Hooks Home Hudson
Y Isakson Y Jackson.J

Jackson.N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane.D Y Lane.R
Lawler Y Lawrence Y Lawson Y Lee.C YLee.W Y Linder Y Logan
YLong YLord
Lucas Y Lupton Y Maddox Y Mangum
Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey
McKinney Milam Y Milford
Y Moody Y Moore

On the motion, the ayes were 141, nays 0. The motion prevailed.

Y Morion Y Mostiler Y Moultrie Y Mueller Y Oliver.C
Y Padgett Y Pannell
Y Parham Y Parrish Y Patten
Peters Pettit Y Phillips Y Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay
Reaves Y Redding Y Richardson
Robinson.C Y Robinson,?
YRoss Y Royal Y Russell
Selman Shepard Y Sherrod Y Sinkfield

Y Sizemore Y Smith,L Y Smith,P
Smith.T Smyre YSnow 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 Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Wilson Y Wood Workman Y Yeargin Y Young Murphy.Spkr

HB 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 Senate substitute was read:

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 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:

MONDAY, MARCH 3, 1986

2007

(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 S-h W66 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 ne 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 Code, Public Law 810, 80th Congress, as amended. To be eligible to receive credit for military service under this subsection or any other subsection, the individual shall pur chase such credit prior to January 1, 1084 1988. No military service shall be creditable under the provisions of this subsection if creditable service for the same military service has been obtained under any other provision of this chapter; provided, however, that if creditable service for military service previously obtained under this chapter is with drawn as creditable service, then creditable service for the same military service may be obtained under the provisions of this subsection. 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:

2008

JOURNAL OF THE HOUSE,

"(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.

Representative Wood of the 9th moved that the House agree to the Senate substitute to HB 1592.
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 YArgo Y Athon Y Atkins Y Auten Y Bailey
Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bolster Y Bostick Y Branch YBray
Brooks 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 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
Greene Y Greer
Groover Y Hamilton Y Manner Y Harris Y Hasty YHays

Y Heard YHill Y Holcomb
Holmes Y Hooks
Home Hudson Y Isakson Y Jackson,J Jackson.N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston Y Lane.D Lane,R Lawler Y Lawrence Y Lawson
Y Lee,C Y Lee.W
Y Linder Y Logan YLong YLord
Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y 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 YParham Y Parrish Y Patten Y Peters
Pettit 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
Selman

Y Shepard Y Sherrod Y Sinkfield
Y Sizemore Smith,L
Y Smith.P Smith.T
Y Smyre YSnow Y Stancil
Y Steinberg Y Thomas.C
Thomas.M Y Thompson
Townsend Y Triplett
YTwiggs Waddle
Y Waldrep Walker.C
Y Walker,L Y Wall Y Ware Y Watson
Y Watts White
Y Wilder Y Williams.B
Y Williams,J Y Williams,R Y Wilson Y Wood
Workman Y Yeargin Y Young
Murphy.Spkr

On the motion, the ayes were 147, nays 0.
The motion prevailed.
HB 1963. By Representatives Aiken of the 21st, Atkins of the 21st, Johnson of the 21st, Wilder of the 21st, Cooper of the 20th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the county supplement for the district attorney; to change the provisions relative to the compensation of the chief investigator and the other investi gators.

MONDAY, MARCH 3, 1986

2009

The following Senate amendment was read:

Amend HB 1963 by striking on Page 1, line 24, the figure "$7,875.00" and inserting in lieu thereof the following figure "$10,068.00".

Representative Aiken of the 21st moved that the House agree to the Senate amend ment to HB 1963.
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 Y 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 Y Chance Y Cheeks Y Childers

Y Childs Y Clark,B Y Clark.L Y Colbert
Coleman Colwell Connell Cooper Copelan Y Couch YCox Y Crawford Y Crosby Cummings Daugherty Davis YDean Y Dixon Y Dobbs Y Dover YDunn Y Edwards Y Felton Y 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
Holmes Y Hooks
Home Hudson YIsakson Y Jackson,J Jackson,N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson.R Y Johnson,S Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Lawler Y Lawrence Y Lawson Lee,C YLee.W Y Under Logan YLong YLord
Lucas Y Lupton Y Maddox Y Mangum Y Martin.C
Y Martin,J Y Matthews
Y McDonald

On the motion, the ayes were 140, nays 0. The motion prevailed.

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 Y Peters Y Pettit Y Phillips
Pinks ton 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

Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith.P
Smith.T YSmyre YSnow
Y Stancil Y Steinberg
Thomas.C
Thomas,M Y Thompson
Townsend
Y Triplett YTwiggs
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

HB 1946. By Representative Maddox of the 7th:
A bill to provide for the compensation of the coroner of Gordon 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 following Senate substitute was read:

A BILL
To provide for the compensation of the coroner of Gordon 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; to provide for the appointment of deputy coroners by the coroner and their compensation

2010

JOURNAL OF THE HOUSE,

for death investigations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The coroner of Gordon County is placed on annual salary in lieu of the fee system of compensation. The coroner shall be compensated in the amount of $600.00 per month. Such compensation shall be paid on the first week of each month from the funds of Gordon County and shall be in lieu of all fees, costs, commissions, allowances, moneys, and all other emoluments and perquisites of whatever kind which shall be allowed the coroners of the various counties of this state. All such fees, costs, commissions, allow ances, moneys, and other emoluments and perquisites of whatever kind shall become the property of Gordon County and shall be paid into the county treasury at least once each month.
Section 2. The coroner of Gordon County may appoint one or more persons to be deputy coroners to serve at the pleasure of the coroner, to be replaced at his order, and to be compensated a fee of $75.00 for each death investigation conducted. Such compen sation shall be paid on the first week of each month from the funds of Gordon County after the deputy coroner has submitted a statement to the county treasury and the state ment has been approved by the coroner of Gordon County.
Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Maddox of the 7th moved that the House agree to the Senate substi tute to HB 1946.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

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.

The following Senate amendments were read:

Senate Amendment No. 1:

Amend HB 1225 by inserting on line 7 of page 10 between "chapter" and the semico lon the following:
"thereby subjecting a child in care to injury or a life-threatening situation".

Senate Amendment No. 2:

Amend HB 1225 by striking on Line 13, Page 10 after the word exceed "$1,000.00" and inserting in lieu thereof "$500.00".

Representative Richardson of the 52nd moved that the House agree to the Senate amendments to HB 1225.

MONDAY, MARCH 3, 1986

2011

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 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 Bishop Y Bolster Y Bostick Y Branch YBray Brooks Y Brown.G YBuck Burruss Byrd Y Carter Y Chambless
Y Chance N 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 Y Davis Y Dean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards
Y Felton Y 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
Holmes Y Hooks
Horne Y Hudson Y 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
Lee.C Y Lee.W
Y Linder Y Logan YLong YLord Y Lucas
Lupton Maddox Y Mangum
Y Martin,C Y Martin,J Y Matthews
McDonald

On the motion, the ayes were 141, nays 1. The motion prevailed.

Y McKelvey McKinney Milam
Y Milford
Y Moody Y Moore
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
Pinks ton 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
Russell
Y Selman

Shepard Y Sherrod Y Sinkfield Y Sizemore
Smith.L
Y Smith.P Smith.T
Y Smyre YSnow Y Stancil
Steinberg Y Thomas.C
Thomas.M Y Thompson
Townsend Y Triplett Y Twiggs
Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Watson Y Watts
White Wilder Y Williams.B Y Williams,J Y Williams.R Y Wilson Y Wood
Workman Y Yeargin Y Young
Murphy.Spkr

HR 514. By Representatives Horne 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 Senate substitute was read:

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; 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 Land Lot 156, 4th Land District of Bibb County, Georgia, which is in the custody of the Depart ment of Agriculture and utilized as Macon Farmers' Market; and
WHEREAS, AT&T Communications, Inc., desires to extend a lightguide cable line under a portion of said property; and
WHEREAS, this lightguide cable under a portion of said property will be beneficial both to the State of Georgia and AT&T Communications, Inc.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. That the State of Georgia is the owner of the hereinafter described real property, herein referred to as the "easement area," and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to AT&T Communications, Inc., its successors and assigns, a perpetual easement for the construction, operation, and maintenance of a lightguide cable under the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a lightguide cable, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 156, 4th Land District of Bibb County, Georgia, and is more particularly described as follows:
That portion and that portion only that is shown and delineated in red on a drawing containing approximately .513 acre, a copy of which is on file in the office of the State Properties Commission.
Section 3. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, inspecting, and operating an underground communications cable.
Section 4. That AT&T Communications, Inc., shall not permit any person except AT&T Communications, Inc., employees, contractors, and agents to enter upon the prem ises and then only for the purposes and to the extent contemplated herein.
Section 5. That AT&T Communications, Inc., shall have the right to remove from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said lightguide cable.
Section 6. That, after AT&T Communications, Inc., has constructed and put into use the lightguide cable for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, AT&T Communications, Inc., its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facil ity shall become the property of the State of Georgia, its successors and assigns.
Section 7. That no title shall be conveyed to AT&T Communications, Inc., and, except as herein specifically granted to AT&T Communications, Inc., all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to AT&T Communications, Inc.
Section 8. That the easement granted to AT&T Communications, Inc., shall contain such other terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commis sion is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
Section 9. That the consideration for such easement shall be $3,000.00 and the mutual benefit to the parties from the construction, operation, and maintenance of said lightguide cable.
Section 10. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
Section 11. That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without such approval.
Section 12. That all laws and parts of laws in conflict with this resolution are repealed.

MONDAY, MARCH 3, 1986

2013

Representative Groover of the 99th moved that the House agree to the Senate substi tute to HR 514.
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 YArgo Y Athon Y Atkins Y Auten
Bailey
Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck
Benefleld YBenn
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 YDean Y Dixon Y Dobbs Y Dover YDunn
Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin
Greene Y Greer Y Groover Y Hamilton Y Banner Y Harris Y Hasty YHays

Y Heard Hill
Y Holcomb Holmes
Y Hooks Home
Y Hudson YIsakson Y Jackson,J
Jackson,N Y Jamieson Y Johnson,D Y Johnson.F
Johnson,R Y Johnson.S Y Kilgore Y Kingston Y Lane.D
Y Lane.R Y Lawler Y Lawrence
Y Lawson Y Lee.C Y Lee.W Y Linder YLogan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin^ Y Matthews
Y McDonald

On the motion, the ayes were 145, nays 1. The motion prevailed.

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 Y Phillips
Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V
Randall Ransom YRay Y Reaves Y Redding Richardson Robinson,C Y Robinson,P
YRoss Y Royal
Russell
Y Selman

Shepard
Y Sherrod Y Sinkfield Y Sizemore
Smith.L Y Smith,P
Smith.T YSmyre Y Snow 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
Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J
Williams.R Y Wilson
N Wood Workman
Y Yeargin
Y Young Murphy,Spkr

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".

The following Senate amendment was read:

Amend HB 788 by striking line 12 on page 2 in its entirety and substituting in lieu thereof the following:
"months nor more than 12 months exclusive of any time".

Representative Bray of the 91st moved that the House agree to the Senate amend ment to HB 788.
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 YArgo Y Athon

Y Atkins Y Auten Y Bailey

Y Balkcom Y Bannister Y Bargeron

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Y Barnett,B Y Barnett,M YBeck Y Benefield YBenn
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 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 Y Galer
Y Godbee 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

Jackson.N Y Jamieson
Johnson,D Y Johnson,F Y Johnson.R Y Johnson,S Y Kilgore Y Kingston Y Lane.D Y Lane.R
Lawler Y Lawrence
Y Lawson Y Lee,C
Y Lee.W Y Under Y Logan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum
Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey
McKinney Milam Y Milford Y Moody Y Moore

On the motion, the ayes were 152, nays 0. The motion prevailed.

YMorton Mostiler
Y Moultrie Y Mueller Y Oliver.C
Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Peters Y Pettit Y Phillips
Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V
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 Smith,L
Y Smith.P Y Smith.T
Y Smyre YSnow 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
Watson Y Watts
White Y Wilder
Y Williams.B Y WilliamsJ Y Williams.R Y Wilson Y Wood
Workman Y Yeargin Y Young
Murphy,Spkr

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.

The following Senate substitute was read:

A BILL
To amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoptions, so as to provide that a clear and irrevocable release or consent to adoption by the guardian of a child in a foreign country where the appointment of the guardian has been certified by the appropriate and legally authorized court or agency of the govern ment of the foreign country shall be recognized by this state; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoptions, is amended by striking in it entirety Code Section 19-8-17, relating to the recognition and effect of decrees, and inserting in its place a new Code Section 19-8-17 to read as follows:
"19-8-17. (a) A decree of a court terminating the relationship of parent and child or establishing the relationship of parent and child by adoption, issued pursuant to due process of law by a court of any other jurisdiction within or outside the United States,

MONDAY, MARCH 3, 1986

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or the clear and irrevocable release or consent to adoption by the guardian of a child in a foreign country where the appointment of the guardian has been certified by the appropriate and legally authorized court or agency of the government of the foreign country shall be recognized in this state; and the rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined as though the any such decree were issued by a court of this state and any such consent or release shall be deemed to satisfy the requirements of Code Sections 19-8-4 and 19-8-7.
(b) Any adoption proceeding in this state in which a final order of adoption was entered by the court prior to April 1^ 1986, and to which subsection (a) of this Code section would have been applicable if said subsection, as amended, had been effective at the time such proceeding was filed or concluded shall be governed by the provisions of subsection (a) of this Code section, as amended.
(c) Any adoption proceeding pending in a court of competent jurisdiction in this state in which no final order of adoption has been entered as of April 1^ 1986, to which the provisions of subsection (a) of this Code section are applicable shall be governed by the provisions of subsection (a) of this Code section, as amended."
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.

Representative Bolster of the 30th moved that the House agree to the Senate substi tute to HB 1211.
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 Y Argo Y Athon Y Atkins YAuten
Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn
Birdsong
Y Bishop
Y Bolster
Y Bostick
Y Branch
YBray
Y Brooks
Y 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
Connell
Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings
Daugherty Y Davis
Dean Y Dixon
YDobbs Y Dover
YDunn 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 Hill
Y Holcomb Y Holmes Y Hooks
Home
Y Hudson Y Isakson
Y Jackson,J Y Jackson.N
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 Y Lee.C Y Lee.W Y Linder Y Logan YLong YLord
Lucas Y Lupton Y Maddoz Y Mangum
Y Martin.C Y Martin,J Y Matthews
McDonald

On the motion, the ayes were 153, nays 0. The motion prevailed.

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 Y Phillips
Pinkston
Y Porter
Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom YRay Y Reaves
Y Redding Richardson Robinson,C
Y Robinson.P
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 YSnow 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
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

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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.

The following Senate substitute was read:

A BILL
To amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Anno tated, relating to arrests by law enforcement officers generally, so as to provide limitations on the use of force in arresting felony suspects; to provide for use of force in preventing escapes and apprehending escapees; to provide for all related matters; 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. Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Anno tated, relating to arrests by law enforcement officers generally, is amended by striking Code Section 17-4-20, relating to arrests in general, and inserting in lieu thereof a new Code Section 17-4-20 to read as follows:
"17-4-20. (a) An arrest for a crime may be made by a law enforcement officer either under a warrant or without a warrant if the offense is committed in his presence or within his immediate knowledge, if the offender is endeavoring to escape, if the officer has probable cause to believe that an act of family violence, as defined in Code Section 19-13-1, has been committed, or for other cause if there is likely to be failure of justice for want of a judicial officer to issue a warrant.
(b) Sheriffs and peace officers who are appointed or employed in conformity with Chapter 8 of Title 35 may use deadly force to apprehend a suspected felon only when the officer reasonably believes that the suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actu ally does result in serious bodily injury; when the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others; or when there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm. Nothing in this Code section shall be construed so as to restrict such sheriffs or peace officers from the use of such reasonable nondeadly force as may be necessary to apprehend and arrest a suspected felon or misdemeanant.
(c) Nothing in this Code section shall be construed so as to restrict the use of deadly force by employees of state and county correctional institutions, jails, and other places of lawful confinement when reasonably necessary to prevent escapes or apprehend escap ees from such institutions.
fb) (d) No law enforcement agency of this state or of any political subdivision of this state shall adopt or promulgate any rule, regulation, or policy which prohibits a peace officer from using that degree of force to apprehend a suspected felon which is allowed by the statutory and case law of this state."
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 Bishop of the 94th moved that the House agree to the Senate substi tute to HB 1363.
On the motion, the roll call was ordered and the vote was as follows:

MONDAY, MARCH 3, 1986

2017

Y Aaron 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 Benefleld
Benn 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

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 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
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 Y Lane,D
Lane.R Y Lawler Y Lawrence Y Lawson YLee.C YLee.W Y Linder Y Logan YLong YLord
Lucas Y Lupton Y Maddoi Y Mangum Y Martin,C
Y Martin,J Y Matthews
McDonald

On the motion, the ayes were 147, nays 1. The motion prevailed.

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 N Pettit
Y Phillips Pinkston
Y Porter Y Rainey Y Ramsey.T Y Ramsey.V
Randall
Y Ransom YRay Y Reaves Y Redding
Richardson Robinson,C Y Robinson,? 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 YSnow Y Stancil Y Steinberg
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 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

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 Senate substitute was read:

A BILL
To provide for an additional judge of the superior courts of the Stone Mountain Judi cial Circuit; to provide for the initial appointment and subsequent election of said addi tional judge; to provide for the powers, duties, and compensation of said additional judge; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to increase to eight the number of judges for the Stone Mountain Judicial Circuit; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Effective July 1, 1986, a new judge is added to the Stone Mountain Judi cial Circuit. The initial judge added by this Act shall be appointed by the Governor to take office on July 1, 1986, for a term expiring on December 31, 1988. A successor to the initial judge appointed by the Governor shall be elected in the manner provided by law for the election of judges of the superior courts at the general election of 1988 to take office on January 1, 1989, for a term of four years and until a successor is elected and

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qualified. Thereafter, successors shall be elected in the manner provided by law for the election of superior court judges at the general election immediately preceding the expira tion of the term of office to take office on the first day of January immediately following the election for a term of four years and until a successor is elected and qualified.
Section 2. The additional judge of the Stone Mountain Judicial Circuit provided for by this Act shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of other judges of the superior courts of this state. Any of the judges of the superior court of said circuit may preside over any case therein and perform any offi cial act as a judge thereof.
Section 3. The compensation, salary, and contingent expense allowance of said addi tional judge shall be the same as the other judges of the Stone Mountain Judicial Circuit. Said additional judge shall receive the same salary supplement from county funds which is received by each of the other judges of the Stone Mountain Judicial Circuit.
Section 4. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, is amended by striking paragraph (37) in its entirety and substituting in lieu thereof a new paragraph (37) to read as follows:
"(37) Stone Mountain Circuit.............................................................................................? 8"
Section 5. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law for the purpose of allowing the Governor to appoint an additional judge of the Stone Mountain Judicial Circuit to take office on July 1, 1986, as provided in Section 1 of this Act. This Act shall be effective for all purposes on July 1, 1986.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Childs of the 53rd moved that the House agree to the Senate substi tute to HB 1156.
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 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 Birdsong
Y Bishop Y Bolster Y Bostick Y Branch Y Bray
Brooks Y Brown.G Y Buck
Burruss Y Byrd 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
Y Cox Y Crawford Y Crosby Y Cummings
Daugherty N Davis Y 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 Groover
Y Hamilton Manner
Y Harris Y Hasty Y Hays Y Heard Y Hill Y Holcomb Y Holmes
Y Hooks Home
Y Hudson Y Isakson Y Jackson,J Y Jackson.N
Jamieson Y Johnson.D Y Johnson.F
Y Johnson.R Y Johnson.S Y Kilgore Y Kingston Y Lane.D
Lane.R Y Lawler N Lawrence Y Lawson Y Lee.C Y Lee,W

Y Linder
Y Logan Y Long Y Lord
Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews
McDonald
Y McKelvey McKinney
Milam Y Milford Y Moody Y Moore N Morton
Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Padgett
Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinkston

Y Porter
Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom Y Ray Y Reaves Y Redding
Richardson Robinson.C Robinson.P
Y Ross Y Royal
Y Russell Y Selman N Shepard Y Sherrod Y Sinkfield Y Sizemore
Smith,L
Y Smith.P Smith.T
Y Smyre Y Snow Y Stancil Y Steinberg Y Thomas.C
Thomas.M Y Thompson Y Townsend Y Triplett

MONDAY, MARCH 3, 1986

2019

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

On the motion, the ayes were 144, nays 4. The motion prevailed.

Y Williams,J Y Williams.R Y Wilson Y Wood

Y Workman Y Yeargin Y Young
Murphy.Spkr

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

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.

The following Senate amendment to the House amendment was read:

Amend the House amendment to SB 478 by striking from lines 11 and 12 of page 1 the following:
"relating to demotion or nonrenewal of contract",
and inserting in lieu thereof the following: "relating to demotion, termination, nonrenewal of contract, or reprimand".

Representative Ross of the 82nd moved that the House agree to the Senate amend ment to the House amendment to SB 478.
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 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
Benn 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
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 Y Floyd
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 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
Y Lee.C Y Lee.W Y Under Y Logan YLong YLord
Lucas
Y Lupton Y Maddox Y Mangum
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 Y Padgett
Pannell Y Parham Y Parrish Y Patten

Y Peters Y Pettit Y Phillips
Pinkston Y Porter
Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom
YRay Y Reaves
Redding Y Richardson
Robinson.C 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 YSnow Y Stancil Y Steinberg

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Y Thomas.C Thomas.M
Y Thompson
Y Townsend Y Triplett

V 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
Y Young Murphy,Spkr

On the motion, the ayes were 155, nays 0. The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendment thereto:

HB 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 following Senate substitute was read:

A BILL
To amend an Act known as the "Macon-Bibb County Transit Authority Act of 1980," approved March 26, 1980 (Ga. L. 1980, p. 4313), as amended, so as to permit board mem bers to participate in and to be covered by any contract for group medical or hospitaliza tion insurance plans otherwise provided by the authority for its director, its officers, and its employees; to provide for payment of coverages; to provide for immunity of board members; to provide exceptions in limited instances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Macon-Bibb County Transit Authority Act of 1980," approved March 26, 1980 (Ga. L. 1980, p. 4313), as amended, is amended by strik ing in its entirety subsection (d) of Section 2.4 and inserting in its place a new subsection (d) to read as follows:
"(d) Members of the board shall serve without remuneration but shall be entitled: (1) To reimbursement for actual expenses incurred on authority business, provided
that such expenses have been authorized in advance of their being incurred; and (2) To participate in and be covered by any contract for group medical or hospi
talization insurance plans otherwise provided by the authority for its director, its offi cers, and its employees pursuant to paragraph (5) of subsection (a) of Section 3.1."
Section 2. Said Act is further amended by striking in its entirety paragraph (5) of subsection (a) of Section 3.1 and inserting in its place a new paragraph (5) to read as fol lows:
"(5) To appoint, select, and employ officers, agents, and employees, including engi neering, architectural, and construction experts, fiscal agents, and attorneys; to fix or to provide for their respective compensation; and to provide for pension and retirement plans for these officers, agents, and employees including, but not limited to, the transfer to the authority and maintenance of a pension or retirement plan identical or similar to that heretofore in existence for the officers and employees of the Macon Transit System of the City of Macon; and to provide for or contract for group life, medical, and hospitalization insurance plans for said officers and employees and, except for members of the board of the authority, to pay the costs thereof either in whole or in part. To

MONDAY, MARCH 3, 1986

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be a self-insurer as to workers' compensation claims without being required to comply with the provisions of Code Section 34-9-121 of the O.C.G.A., which relates to selfinsurers and the posting of security indemnity or bonds."
Section 3. Said Act is further amended by striking in its entirety paragraph (7) of subsection (a) of Section 3.1 and inserting in its place a new paragraph (7) to read as fol lows:
"(7) To sue and to be sued in its corporate name in such actions as are permitted by law. The authority board members shall be immune from suits as to those actions for the recovery of damages; however, such immunity shall be waived as to those actions for the recovery of damages for any claim for which liability insurance protection for such claim has been provided, but only to the extent of the amount of any such liability insurance."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Lucas of the 102nd moved that the House agree to the Senate substi tute to HB 1816.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

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 Senate amendment was read:

Amend HB 1344 by inserting a new phrase on line 15 of page 1 between the word and semicolon "eggs;" and the word "to" to read as follows:
"to delete from the definition of the term 'hunting' the acts of disturbing, harrying, or worrying;".
By renumbering Sections 3 and 4 on page 4 as Sections 4 and 5, respectively, and inserting a new Section 3 between lines 24 and 25 of page 4 to read as follows:
"Section 3. Said title is further amended by striking in its entirety paragraph (39) of Code Section 27-1-2, relating to definitions applicable to the 'Game and Fish Code,' and inserting in lieu thereof a new paragraph (39) to read as follows:
'(39) "Hunting" means pursuing, shooting, killing, taking, or capturing wildlife. This term also includes aH teaser acts such as disturbing, harrying, er worrying ef placing, setting, drawing, or using any device used to take wildlife, whether any such act results in taking or not, and includes every act of assistance to any person in taking or attempting to take such wildlife.'"

Representative Rainey of the 135th moved that the House agree to the Senate amend ment to HB 1344.
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 Andersen Y Argo Y Athon

Y Atkins Y Auten Y Bailey

Y Balkcom Y Bannister Y Bargeron

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Y Barnett,B Y Barnett,M YBeck Y Benefield
Benn Birdsong Y Bishop Bolster 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 CIark,L
Y Colbert Coleman
Y Colwell Y Connell Y Cooper Y Copelan Y Couch
YCox Y Crawford

Y Crosby Y Cummings
Daugherty Y Davis
Dean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd
Foster Y Galer YGodbee
YGoodwin Y Greene YGreer
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
Y Johnson.D Y Johnson,F
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 Y Logan
YLong YLord
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

On the motion, the ayes were 150, nays 0. The motion prevailed.

Y Morion Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett
Pannell Y Parham
Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinkston Porter Y Rainey Y Ramsey.T Y Ramsey.V Randall
Y Ransom YRay
Y Reaves Y Redding Y Richardson Y Robinson,C
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
Y Smyre YSnow Y Stancil
Stein berg Y Thomas.C
Thomas.M Y Thompson Y Townsend Y Triplett YTwiggs
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 Y Workman Y Yeargin Y Young
Murphy.Spkr

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 following Senate substitute was read:

A BILL
To amend an Act providing an additional $2,000.00 homestead exemption from City of Decatur ad valorem taxes for certain residents of said city, approved March 27, 1985 (Ga. L. 1985, p. 4140), 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 independent school system of said city, for residents of said city who are 65 years of age or over; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing an additional $2,000.00 homestead exemption from City of Decatur ad valorem taxes for certain residents of said city, approved March 27, 1985 (Ga. L. 1985, p. 4140), is amended by adding between Sections 2 and 3 a new Section 2A to read as follows:
"Section 2A. In addition to any other homestead exemption applicable to City of Decatur ad valorem taxes, including the homestead exemption provided for by Section

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2 of this Act, each resident of said city who is 65 years of age or over is granted an exemption on that person's homestead from City of Decatur ad valorem taxes, except ad valorem taxes for the independent school system of said city, in the amount of $1,000.00. The additional exemption granted by this section shall be claimed, adminis tered, and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., but the gov erning authority of the City of Decatur may grant the exemption authorized by this section without further application to any resident of the City of Decatur who qualifies therefor as shown on the previously existing tax records of the City of Decatur. The additional homestead exemption granted by this section shall apply to all taxable years beginning after December 31, 1986."

Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Decatur shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Decatur for approval or rejection. The election superintendent shall conduct that elec tion on December 3, 1986, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. 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 DeKalb County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act providing an additional homestead exemption of $1,000.00 from City of Decatur ad valorem taxes, except ad valorem taxes for the independent school system of said city, for residents of said city who are 65 years of age or over be approved?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, but otherwise it shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section.
The expense of such election shall be borne by the City of Decatur. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Childs of the 53rd moved that the House agree to the Senate substi tute to HB 1722.

On the motion, the ayes were 103, nays 0. The motion prevailed.

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 Senate substitute was read:

A BILL
To amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, so as to revise extensively the provisions relating to the Georgia Development Authority; to change the membership; to provide for the appointment and terms of members of the authority; to provide the powers of the author ity; to provide for certain programs of the authority; to provide that property of the

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authority, including long-term notes secured by real estate and held by the authority, shall be tax-exempt; to provide for the venue of legal actions brought against the authority; 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 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, is amended by striking subsections (c) and (d) of Code Section 50-10-2, relating to legislative intent and the Georgia Development Author ity, which read as follows:
"(c) It is found and declared that there exists a great and growing need in the state for the construction of environmental facilities for the furnishing of clear and wholesome water to the general public and for the preservation and improvement of the quality of the environment. Financial assistance is an important inducement to construct such facilities and, therefore, this necessity, in the public interest and for the public benefit and good, is declared as a matter of legislative determination.
(d) It is further the purpose and intent of this chapter to provide an instrumentality to provide environmental facilities to assist local governments in constructing, extending, rehabilitating, repairing, and renewing environmental facilities and to assist in the financing of such needs by providing grants, loans, bonds, and other assistance to local governments."
Section 2. Said chapter is further amended by striking from subsection (a) of Code Section 50-10-3, relating to the creation and membership of the authority, generally, the following:
"The authority shall consist of ten members: the Commissioner of Agriculture, ex officio; the state auditor, ex officio; the commissioner of industry and trade, ex officio; the commissioner of community affairs, ex officio; and six members to be appointed by the Governor. Two members are to be from and represent the interests of agriculture, two members are to be from and represent the interests of industry, and two members are to be from and represent the interests of local governments in Georgia. The terms of all members of the authority who are in office on March 1, 1983, shall terminate on July 1, 1983. The Governor shall then appoint three members, one each representing agriculture, industry, and local governments, to serve until July 1, 1986, and three mem bers, one each representing agriculture, industry, and local governments, to serve until July 1, 1987. After expiration of these terms, the terms of all succeeding members shall be for four years.", and inserting in lieu thereof the following:
"The authority shall consist of seven members: the Commissioner of Agriculture, ex officio, who shall be chairman of the authority; the state auditor, ex officio; the commis sioner of industry and trade, ex officio; two members of the public appointed by the Governor; and two members representing the interests of agriculture appointed by the Governor. Appointed members shall serve for terms of office of four years and until their successors are appointed and qualified. The authority shall be deemed to be the successor in law and interest to the Georgia Development Authority created by the Gen eral Assembly in Ga. L. 1960, p. 764, as amended by Ga. L. 1983, p. 1026.", so that when so amended subsection (a) of Code Section 50-10-3 shall read as follows:
"(a) There is created a body corporate and politic to be known as the Georgia Development Authority which shall be deemed an instrumentality of the state and a public corporation; and by that name, style, and title such body may contract and be contracted with and bring and defend actions in all courts of this state. The authority shall consist of seven members: the Commissioner of Agriculture, ex officio, who shall be chairman of the authority; the state auditor, ex officio; the commissioner of industry and trade, ex officio; two members of the public appointed by the Governor; and two members representing the interests of agriculture appointed by the Governor. Appointed members shall serve for terms of office of four years and until their successors are appointed and qualified. The authority shall be deemed to be the successor in law and

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interest to the Georgia Development Authority created by the General Assembly in Ga. L. 1960, p. 764, as amended by Ga. L. 1983, p. 1026."
Section 3. Said chapter is further amended by striking subsections (d) and (e) of Code Section 50-10-3, relating to the creation and membership of the authority, which read as follows:
"(d) There shall be an executive committee consisting of five members of the author ity to be known as the Rural Rehabilitation Committee. The chairman of the Rural Rehabilitation Committee shall be the Commissioner of Agriculture, ex officio. The other members of the committee shall be the state auditor, ex officio, the two members of the authority who represent the interests of agriculture, and one member of the authority designated by the authority. The Rural Rehabilitation Committee shall admin ister all assets received by the authority under the terms of Public Law 499, Eighty-first Congress, Second Session, and all assets of the authority derived therefrom and shall be authorized to employ agents to accomplish such administration. Neither the Rural Reha bilitation Committee nor the authority shall at any time commingle assets provided to the authority under the terms of Public Law 499, Eighty-first Congress, Second Session, with other assets of the authority. The Rural Rehabilitation Committee shall maintain a separate accounting of such assets and shall maintain suitable books and records of such assets which shall be audited as are the books and records of the authority for other assets. Contracts concerning assets provided to the authority under the terms of Public Law 499, Eighty-first Congress, Second Session, shall be executed by the commit tee.
(e) The authority is assigned to the Department of Community Affairs for adminis trative purposes only.", and inserting in lieu thereof new subsections (d) and (e) to read as follows:
"(d) All assets received by the authority under the terms of Public Law 499, Eightyfirst Congress, Second Session, and all assets of the authority derived therefrom, shall be administered by the authority under the terms of such law, and the authority shall be authorized to employ agents to accomplish such administration. The authority shall not at any time commingle assets provided to the authority under the terms of Public Law 499, Eighty-first Congress, Second Session, with other assets of the authority. The authority shall maintain a separate accounting of such assets and shall maintain suitable books and records of such assets which shall be audited as are the books and records of the authority for other assets.
(e) The authority is assigned to the Department of Agriculture for administrative purposes only."
Section 4. Said chapter is further amended by striking Code Section 50-10-4 through Code Section 50-10-21 which read as follows:
"50-10-4. As used in this chapter, the term: (1) 'Authority' means the Georgia Development Authority. (2) 'Bond' includes revenue bond. (3) 'Cost of project' or 'cost of any project' means: (A) All costs of acquisition, by purchase or otherwise, construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; (B) All costs of real property, fixtures, or personal property used in or in connec tion with or necessary for any project or for any facilities related thereto, including but not limited to, the cost of all land, estates for years, easements, rights, improve ments, water rights, connections for utility services; fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, per mits, approvals, licenses, or certificates; the cost of preparation of any application therefor; and the cost of all fixtures, machinery, equipment, furniture, and other property used in or in connection with or necessary for any project; (C) All financing charges, bond insurance, and loan or loan guarantee fees and all interest on revenue bonds, notes, or other obligations of the authority which accrues or is paid prior to and during the period of construction of a project and

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during such additional period as the authority may reasonably determine to be necessary to place such project in operation;
(D) All costs of engineering, surveying, planning, environmental assessments, financial analyses, and architectural, legal, and accounting services and all expenses incurred by engineers, surveyors, planners, environmental scientists, fiscal analysts, architects, attorneys, and accountants in connection with any project;
(E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuance of any bonds, revenue bonds, notes, or other obligations for any project, including bond insurance; (G) All fees of any type charged by the authority in connection with any project; (H) All expenses of or incidental to determining the feasibility or practicability of any project; (I) All costs of plans and specifications for any project; (J) All costs of title insurance and examinations of title with respect to any project; (K) Repayment of any loans for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans; (L) Administrative expenses of the authority and such other expenses as may be necessary or incidental to any project or the financing thereof or the placing of any project in operation; and (M) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the authority may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture, or trust or similar instrument or agreement pursuant to the provisions of which the issuance of any revenue bonds, notes, or other obligations of the authority may be authorized. Any cost, obligation, or expense incurred for any of the purposes specified in this paragraph shall be a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds, notes, or other obligations issued by the authority. (4) 'County' means any county created under the Constitution or laws of this state. (5) 'Environmental facilities' means any projects, structures, and other real or per sonal property acquired, rehabilitated, constructed, or planned: (A) For the purposes of supplying, distributing and treating water and diverting, channeling, or controlling water flow and head including, but not limited to, surface or ground water, canals, reservoirs, channels, basins, dams, aqueducts, standpipes, penstocks, conduits, pipelines, mains, pumping stations, water distribution systems, compensating reservoirs, intake stations, water works or sources of water supply, wells, purification or filtration plants or other treatment plants and works, connec tions, water meters, mechanical equipment, electric generating equipment, rights of flowage or division and other plant structures, equipment, conveyances, real or per sonal property or rights therein and appurtenances, furnishings, accessories, and devices thereto necessary or useful and convenient for the collection, conveyance, distribution, pumping, treatment, storing, or disposing of water; and (B) For the purposes of collecting, treating, or disposing of sewage including, but not limited to, main, trunk, intercepting, connecting, lateral, outlet, or other sewers, outfall, pumping stations, treatment and disposal plants, ground water rechange basins, backflow prevention devices, sludge dewatering or disposal equipment and facilities, clarifiers, filters, phosphorus removal equipment and other plants, soil absorption systems, innovative systems or equipment, structures, equipment, vehi cles, conveyances, real or personal property or rights therein, and appurtenances thereto necessary or useful and convenient for the collection, conveyance, pumping, treatment, neutralization, storing, and disposing of sewage.

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(6) 'Environmental services' means the provision, collectively or individually, of water facilities, sewerage facilities, or management services.
(7) 'Local government' or 'local governing authority' means any municipal corpora tion or county or any local water or sewer or sanitary district and any state or local authority, board, or political subdivision created by the General Assembly or pursuant to the Constitution and laws of the state.
(8) 'May' means permission and not command. (9) 'Municipal corporation' or 'municipality' means any city or town in this state. (10) 'Obligation' means any bond, revenue bond, note, lease, contract, evidence of indebtedness, debt, or other obligation of the authority, the state, or local govern ments which are authorized to be issued under this chapter or under the Constitution or other laws of this state, including refunding bonds. (11) 'Project' means the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabili tation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of providing environmental facilities and services to meet public health and environmental standards and to aid the development of trade, commerce, industry, agriculture, and employment opportunities. (12) 'Revenue bond' includes bond. (13) 'Sewerage facility' means any environmental facility described in subparagraph (B) of paragraph (5) of this Code section, defining 'environmental facilities.' (14) 'Water facility* means any environmental facility described in subparagraph (A) of paragraph (5) of this Code section, defining 'environmental facilities.' 50-10-5. (a) The corporate purpose and the general nature of the business of the Georgia Development Authority shall be: (1) Rural rehabilitation permissible under the charter of the Georgia Rural Reha bilitation Corporation and contained in paragraph (3) thereof and within the meaning of Public Law 499, Eighty-first Congress, Second Session; and nothing contained in this chapter shall be construed to permit the violation of trust agreements, contracts, or other obligations entered into by the state or the authority pursuant to Public Law 499, Eighty-first Congress, Second Session, or to encumber assets of the authority necessary to the performance of such trust agreements, contracts, or obligations, and no bonds, revenue bonds, notes, or other obligations of the authority issued for an environmental facility project may encumber assets of the authority provided to it under the provisions of Public Law 499, Eighty-first Congress, Second Session, nor any funds derived or to be derived from such assets. The authority shall at no time commingle funds obtained under the provisions of Public Law 499, Eighty-first Congress, Second Session, or funds derived from such assets with other funds of the authority, and such funds shall not be liable for any deficit, default, or failure of any environmental facility project; nor shall funds obtained by the authority, through the issuance of obligations or otherwise, for envi ronmental facility projects be liable for any deficit, default, or failure of any program insured, guaranteed, or involving funds obtained by the authority under Public Law 499, Eighty-first Congress, Second Session, or arising under Public Law 499, Eightyfirst Congress, Second Session; (2) The development of agriculture and industry generally within the state by pro viding, securing, or guaranteeing loans for such purposes; (3) Possession of and operation under any franchise, license, or permit granted to it by the United States or this state for a business purpose; and (4) Assistance to local governments in constructing, extending, rehabilitating, repairing, replacing, and renewing environmental facilities needs necessary for public purposes and commercial, residential, and industrial development or necessary or inci dental to such development by providing grants, loans, bonds, and other forms of financial and technical assistance to local governments by providing such facilities.

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(b) The corporate powers of the authority shall be those provided in this chapter. (c) In addition to, and not in limitation of, the powers granted in this chapter, the Georgia Development Authority shall have and may exercise the power and authority to guarantee or insure loans made for rural rehabilitation purposes or for agricultural and industrial development, provided that, with respect to any such guarantee or contract of insurance made by the Rural Rehabilitation Committee involving an asset provided to the authority under Public Law 499, Eighty-first Congress, Second Session, the authority shall maintain a reserve or insurance fund out of such assets in an amount not less than 15 percent of the contingent liability existing by reason of any such con tracts of insurance or guarantee made by the Rural Rehabilitation Committee. The reserve or insurance fund of the authority may be invested. (d) Except as otherwise limited by this chapter, the authority's powers are reaffirmed and expanded as follows, which reaffirmed and expanded powers are to be considered cumulative of the powers previously given the authority. The authority shall have power:
(1) To sue and be sued in all courts of this state, the original jurisdiction and venue of such actions being the Superior Court of Fulton County;
(2) To have a seal and alter the same at its pleasure; (3) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created, such contracts, leases, or instru ments to include contracts for construction, operation, management, or maintenance of projects and facilities owned by local government, the authority, or by the state or any state authority; and any and all local governments, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, agreements, or other instruments with the authority upon such terms and to transfer real and per sonal property to the authority for such consideration and for such purposes as they deem advisable; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in fur therance of the public purpose of the authority;
(5) To appoint officers, agents, and employees, prescribe their duties and qualifica tions, and fix their compensation;
(6) To finance by loan, loan guarantee, grant, lease, or otherwise, and to construct, erect, assemble, purchase, acquire, own, repair, remodel, renew, replace, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, lease, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of bonds, revenue bonds, notes, or other obligations of the authority or any other funds of the authority or from any contributions or loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the authority is authorized to receive, accept, and use;
(7) To make loans, through the acquisition of bonds, revenue bonds, notes, or other obligations, and to make grants to local governments or state or local govern mental agencies for the acquisition or construction of agricultural, industrial, or commercial facilities and of environmental facilities by any such local government or state or local governmental agency and to adopt rules, regulations, and procedures for making such loans and grants;
(8) To borrow money to further or carry out its public purpose and to issue revenue bonds, notes, or other obligations to evidence such loans and to execute leases, trust indentures, trust agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, secur ity agreements, assignments, and such other agreements or instruments as may be necessary or desirable in the judgment of the authority, and to evidence and to pro vide security for such loans;
(9) To issue revenue bonds, bonds, notes, or other obligations of the authority, to receive payments from the Department of Community Affairs, and to use the proceeds thereof for the purpose of:

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(A) Paying or loaning the proceeds thereof to pay, all or any part of, the cost of any project or the principal of and premium, if any, and interest on the revenue bonds, bonds, notes, or other obligations of any local government issued for the pur pose of paying in whole or in part, the cost of any project and having a final matu rity not exceeding three years from the date of original issuance thereof;
(B) Paying all costs of the authority incidental to, or necessary and appropriate to, furthering or carrying out the purposes of the authority; and
(C) Paying all costs of the authority incurred in connection with the issuance of the revenue bonds, bonds, notes, or other obligations; (10) To collect fees and charges in connection with its loans, commitments, and servicing including, but not limited to, reimbursements of costs of financing, as the authority shall determine to be reasonable and as shall be approved by the authority; (11) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this chapter, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following:
(A) Bonds or other obligations of the state or bonds or other obligations, the principal and interest of which are guaranteed by the state;
(B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government;
(C) Obligations of agencies of the United States government issued by the Fed eral Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit Bank, and the Bank for Cooperatives;
(D) Bonds or other obligations issued by any public housing agency or munici pality in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in. the United States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government;
(E) Certificates of deposit of national or state banks located within the state which have deposits insured by the Federal Deposit Insurance Corporation or any Georgia deposit insurance corporation and certificates of deposit of federal savings and loan associations and state building and loan associations located within the state which have deposits insured by the Federal Savings and Loan Insurance Cor poration or any Georgia deposit insurance corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or any Georgia deposit insurance corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, or with any national or state bank located within the state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess:
(i) Direct and general obligations of the state or of any county or municipal ity in the state;
(ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph;
(iii) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or
(iv) Bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in subparagraph (D) of this para
graph; and (F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with

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a bank or trust company having capital and surplus aggregating at least $50 million or with any government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregat ing at least $50 million or with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the require ments of the Bank Holding Company Act of 1956, provided that each such interestbearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with respect to the investment or reinvestment of such moneys and provided, further, that all moneys in each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall be continu ously and fully secured by obligations described in subparagraph (A), (B), (C), or (D) of this paragraph, equal at all times to the amount of the interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agree ment, or other similar banking arrangements; (12) To acquire or contract to acquire from any person, firm, corporation, local government, federal or state agency, or corporation by grant, purchase, or otherwise, leaseholds, real or personal property, or any interest therein; and to sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose of or encumber the same; and local government is authorized to grant, sell, or otherwise alienate lease holds, real and personal property, or any interest therein to the authority; (13) To invest any moneys held in debt service funds or sinking funds not restricted as to investment by the Constitution or laws of this state or the federal government or by contract not required for immediate use or disbursement in obligations of the types specified in paragraph (11) of this subsection, provided that, for the purposes of this paragraph, the amounts and maturities of such obligations shall be based upon and correlated to the debt service, which debt service shall be the principal installm ents and interest payments, schedule for which such moneys are to be applied; (14) To provide advisory, technical, consultative, training, educational, and project assistance services to the state and local government and to enter into contracts with the state and local government to provide such services. The state and local govern ments are authorized to enter into contracts with the authority for such services and to pay for such services as may be provided them;
(15) To make loan commitments and loans to local government and to enter into option arrangements with local government for the purchase of said bonds, revenue bonds, notes, or other obligations;
(16) To sell or pledge any bonds, revenue bonds, notes, or other obligations acquired by it whenever it is determined by the authority that the sale thereof is desirable;
(17) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instru mentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof;
(18) To lease to local governments any authority owned facilities or property or any state owned facilities or property which the authority is managing under contract with the state;
(19) To contract with state agencies or any local government for the use by the authority of any property or facilities or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the authority and such state agencies and local governments are authorized to enter into such contracts;
(20) To extend credit or make loans, including the acquisition of bonds, revenue bonds, notes, or other obligations to the state, any local government, or other entity, including the federal government, for the cost or expense of any project or any part

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of the cost or expense of any project, which credit or loans may be evidenced or secured by trust indentures, loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, or assignments, on such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserve funds; and, in the exercise of powers granted by this chapter in connection with any project, the authority shall have the right and power to require the inclusion in any such trust indentures, loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument such provisions or requirements for guar anty of any obligations, insurance, construction, use, operation, maintenance, and financing of a project and such other terms and conditions as the authority may deem necessary or desirable;
(21) As security for repayment of any bonds, revenue bonds, notes, or other obli gations of the authority, to pledge, lease, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority including, but not limited to, real property, fixtures, personal property, and revenues or other funds and to execute any lease, trust indenture, trust agreement, agreement for the sale of the authority's revenue bonds, notes or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the authority, to secure any such revenue bonds, notes, or other obligations, which instruments or agreements may pro vide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument;
(22) To receive and use the proceeds of any tax levied by a local government to pay all or any part of the cost of any project or for any other purpose for which the authority may use its own funds pursuant to this chapter;
(23) To use income earned on any investment for such corporate purposes of the authority as the authority in its discretion shall determine;
(24) To cooperate and act in conjunction with industrial, commercial, medical, scientific, public interest, or educational organizations; with agencies of the federal government and this state and local government; with other states and their political subdivisions; and with joint agencies thereof and such state agencies, local govern ment, and joint agencies are authorized and empowered to cooperate and act in con junction, and to enter into contracts or agreements with the authority and local government to achieve or further the policies of the state declared in this chapter;
(25) To adopt bylaws governing the conduct of business by the authority, the elec
tion and duties of officers of the authority, and other matters which the authority determines to deal with in its bylaws;
(26) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority;
(27) To do all things necessary or convenient to carry out the powers conferred by
this chapter; and (28) To designate three or more of its number to constitute an executive committee
who, to the extent provided in such resolution or in the bylaws of the authority, shall have and may exercise the powers of the authority in the management of the affairs
and property of the authority and the exercise of its powers,
(e) The authority shall not have the power of eminent domain. 50-10-6. (a) The authority may make loans to a local government to pay all or any
part of the cost of a project. The authority may require the local government to issue bonds or revenue bonds as evidence of such loans. The authority and a local government
may enter into such loan commitments and option agreements as may be determined
appropriate by the authority. (b) The authority may require as a condition of any loan to a local government that
such local government shall perform any or all of the following:

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(1) In the case of loans for a sewerage facility, establish and collect sewer rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:
(A) Costs of operation, maintenance, replacement, renewal, and repairs; and (B) Outstanding indebtedness incurred for the purposes of such sewerage facil ity, including the principal of and interest on the bond, revenue bond, note, or other obligation issued by the local government, as the same shall become due and pay able, and to create and maintain any required reserves; (2) In the case of loans for a water facility, establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) Costs of operation, maintenance, renewal, replacement, and repairs of the water facility of such local government; and (B) Outstanding indebtedness incurred for the purposes of such water facility, including the principal of and interest on the bonds, revenue bonds, notes, or other obligations issued by the local government, as the same shall become due and pay able, and to create and maintain any required reserves; (3) Create and maintain a special fund or funds, as additional security for the pay ment of the principal of such revenue bonds and the interest thereon and any other amounts becoming due under any agreement, entered into in connection therewith and for the deposit therein of such revenues as shall be sufficient to make such payment as the same shall become due and payable; (4) Create and maintain such other special funds as may be required by the authority; and (5) Perform such other acts, including the conveyance of real and personal prop erty together with all right, title, or interest therein to the authority, or take other actions as may be deemed necessary or desirable by the authority to secure the pay ment of the principal of and interest on such bonds, revenue bonds, notes, or other obligations and to provide for the remedies of the authority in the event of any default by such local government in such payment.
(c) All local governments issuing and selling bonds, revenue bonds, notes, or other obligations to the authority are authorized to perform such acts, take such action, adopt such proceedings, and to make and carry out such contracts with the authority as may be contemplated by this chapter.
(d) In connection with the making of any loan authorized by this chapter, the authority may fix and collect such fees and charges including, but not limited to, reim bursement of all costs of financing by the authority, as the authority shall determine to be reasonable. Neither the Public Service Commission nor any local government or state agency shall have jurisdiction over the authority's power over the regulation of such fees or charges.
50-10-7. (a) For the purposes of this chapter, the term 'lease agreement' shall mean and include a lease, operating lease rental agreement, usufruct, sale and lease back, or any other lease agreement having a term of not more than 50 years and concerning real, personal, or mixed property, any right, title, or interest therein by and between the state, the authority, a local government, or any combination thereof.
(b) A local government by resolution of its governing body may enter into a lease agreement for the provision of environmental services utilizing facilities owned by the authority upon such terms and conditions as the authority shall determine to be reason able including, but not limited to, the reimbursement of all costs of construction and financing and claims arising therefrom.
(c) No lease agreement shall be deemed to be a contract subject to any law requiring that contract shall be let only after receipt of competitive bids.
(d) Any lease agreement may provide for the construction of such environmental facility by the local government as agent for the authority. In such event, all contracts for such construction shall be let by such local government in accordance with the provi sions of law otherwise applicable to the letting of such contracts by such local govern ment and with the provisions of state law pertaining to prevailing wages, labor standards, and working hours. Any such lease agreement may contain provisions by

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which such local government shall indemnify the authority against any and all damages resulting from acts or omissions to act on the part of such local government or its offi cers, agents, or employees in constructing such facility or facilities, in letting any con tracts in connection therewith, or in operating and maintaining the same.
(e) Any lease agreement executed by the authority directly with any local govern ment may provide at the termination thereof that title to the environmental facility project shall vest in the local government or its successor in interest, if any, free and clear of any liens or encumbrances created in connection with any contract or bonds, revenue bonds, notes, or other obligations involving the authority.
(f) Any lease agreement directly between the state or authority and a local govern ment may contain provisions requiring the local government to perform any or all of the following:
(1) In the case of a sewerage facility, to establish and collect sewer rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:
(A) The costs of operation, maintenance, renewal, replacement, and repairs of the sewerage facility of such local government; and
(B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such sewerage facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agree ment, including amounts for the creation and maintenance of any required reserves; (2) In the case of a water facility, to establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:
(A) The costs of operation, maintenance, renewal, and repairs of the water facil ity of such local government; and
(B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such water facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves;
(3) To create and maintain reasonable reserves or other special funds; (4) To create and maintain a special fund or funds, as additional security for the punctual payment of any rentals due under such lease agreement and for the deposit therein of such revenues as shall be sufficient to pay said lease rentals and any other amounts becoming due under such lease agreements as the same shall become due and payable; or
(5) To perform such other acts and take such other action as may be deemed necessary and desirable by the authority to secure the complete and punctual perfor mance by such local government of such lease agreements and to provide for the remedies of the authority in the event of a default by such local government in such payment.
50-10-8. (a) The authority shall have the power and is authorized from time to time to issue bonds, in such principal amounts as it may determine to be necessary to pay all or a portion of the cost of any project or environmental facilities, to provide amounts necessary for any corporate purposes, including incidental expenses in connection with the issuance of the bonds.
(b) In addition, the authority shall have the power and is authorized to issue bonds in such principal amounts as the authority deems appropriate, such bonds to be prima
rily secured by a pool of obligations issued by local governments when the proceeds of the local government obligations are applied to local environmental facility projects.
(c) The authority shall have the power from time to time to refund any bonds by
the issuance of new bonds whether the bonds to be refunded have or have not matured and may issue bonds partly to refund bonds then outstanding and partly for any other
corporate purpose.
(d) Bonds issued by the authority shall be special obligations payable solely out of particular revenues or other moneys of the authority as may be designated in the pro
ceedings of the authority under which the bonds shall be authorized to be issued, subject

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to any agreements entered into between the authority and state agencies, local govern ment, or private parties and subject to any agreements with the holders of outstanding bonds pledging any particular revenues or moneys.
(e) (1) The authority is authorized to obtain from any department, agency, or cor poration of the United States of America or governmental insurer, including the state, any insurance or guaranty, to the extent now or hereafter available, as to or for the payment or repayment of interest or principal, or both, or any part thereof on any bonds or notes issued by the authority or on any obligations of federal, state, or local governments purchased or held by the authority; and to enter into any agreement or contract with respect to any such insurance or guaranty, except to the extent that the same would in any way impair or interfere with the ability of the authority to perform and fulfill the terms of any agreement made with the holders of the bonds or notes of the authority.
(2) Bonds issued by the authority shall be authorized by resolution of the author ity, be in such denominations, bear such date or dates, and mature at such time or times as the authority determines to be appropriate, except that bonds and any renewal thereof shall mature within 25 years of the date of their original issuance. Such bonds shall be subject to such terms of redemption, bear interest at such rate or rates payable at such times, be in such form, either coupon or registered, as to prin cipal or interest or both principal and interest, carry such registration privileges, be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms and conditions as such resolution of the authority may provide. Bonds may be sold at public or private sale for such price or prices as the authority shall determine.
(3) Any resolution or resolutions authorizing bonds or any issue of bonds may con tain provisions which may be a part of the contract with the holders of the bonds thereby authorized as to:
(A) Pledging all or part of its revenues, together with any other moneys, securi ties, contracts, or property to secure the payment of the bonds, subject to such agreements with bondholders as may then exist;
(B) Setting aside of reserves and the creation of sinking funds and the regulation and disposition thereof;
(C) Limiting the purpose to which the proceeds from the sale of bonds may be applied;
(D) Limiting the right of the authority to restrict and regulate the use of any project or part thereof in connection with which bonds are issued;
(E) Limiting the issuance of additional bonds, the terms upon which additional bonds may be issued and secured and the refunding of outstanding or other bonds;
(F) Setting the procedure, if any, by which the terms of any contract with bond holders may be amended or abrogated, including the proportion of bondholders which must consent thereto and the manner in which such consent may be given;
(G) Creating special funds into which any revenues or other moneys may be deposited;
(H) Setting the terms and provisions of any trust, deed, or indenture or other agreement under which the bonds may be issued;
(I) Vesting in a trustee or trustees such properties, rights, powers, and duties in trust as the authority may determine, which may include any or all of the rights, powers, and duties of the trustee appointed by the bondholders pursuant to Code Section 50-10-11 and limiting or abrogating the rights of the bondholders to appoint a trustee under such Code section or limiting the rights, duties, and powers of such trustee;
(J) Defining the acts or omissions to act which may constitute a default in the obligations and duties of the authority to the bondholders and providing for the rights and remedies of the bondholders in the event of such default, including as a matter of right the appointment of a receiver; provided, however, that such rights and remedies shall not be inconsistent with the general laws of the state and other provisions of this chapter;

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(K) Limiting the power of the authority to sell or otherwise dispose of any envi ronmental facility or any part thereof or other property, including municipal bonds held by it;
(L) Limiting the amount of revenues and other moneys to be expended for oper ating, administrative, or other expenses of the authority;
(M) Providing for the payment of the proceeds of bonds, obligations, revenues, and other moneys to a trustee or other depository and for the method of disburse ment thereof with such safeguards and restrictions as the authority may determine; and
(N) Establishing any other matters of like or different character which in any way affect the security for the bonds or the rights and remedies of bondholders. (4) In addition to the powers conferred upon the authority to secure its bonds, the authority shall have power in connection with the issuance of bonds to enter into such agreements as the authority may deem necessary, consistent, or desirable concerning the use or disposition of its revenues or other moneys or property, including the mort gaging of any property and the entrusting, pledging, or creation of any other security interest in any such revenues, moneys, or property and the doing of any act, including refraining from doing any act, which the authority would have the right to do in the absence of such agreements. The authority shall have power to enter into amendments of any such agreements within the powers granted to the authority by this chapter and to perform such agreements. The provisions of any such agreements may be made a part of the contract with the holders of bonds of the authority. (5) Any pledge of or other security interest in revenues, moneys, accounts, contract rights, general intangibles, or other personal property made or created by the author ity shall be valid, binding, and perfected from the time when such pledge is made or other security interest attaches without any physical delivery of the collateral or fur ther act, and the lien of any such pledge or other security interest shall be valid, bind ing, and perfected against all parties having claims of any kind in tort, contract, or otherwise against the authority irrespective of whether or not such parties have notice thereof. No instrument by which such a pledge or security interest is created nor any financing statement need be recorded or filed. (6) All bonds issued by the authority shall be executed in the name of the author ity by the chairman and secretary of the authority and shall be sealed with the official seal or a facsimile thereof. Coupons, if any, shall be executed in the name of the authority by the chairman of the authority, the facsimile signature of the chairman and the secretary of the authority may be imprinted in lieu of the manual signature if the authority so directs; and the facsimile of the chairman's signature shall be used on coupons, if such are attached. Bonds and interest coupons appurtenant thereto bearing the manual or facsimile signature of a person in office at the time such signa ture was signed or imprinted shall be fully valid, notwithstanding the fact that before or after delivery thereof such person ceased to hold such office. (7) Prior to the preparation of definitive bonds, the authority may issue interim receipts, interim certificates, or temporary bonds exchangeable for definitive bonds upon the issuance of the latter; the authority may provide for the replacement of any bond which shall become mutilated or be destroyed or lost. (8) All bonds issued by the authority under this chapter may be executed, con firmed, and validated under and in accordance with Article 3 of Chapter 82 of Title 36, except as otherwise provided in this chapter. (9) The venue for all bond validation proceedings pursuant to this chapter shall be Fulton County, and the Superior Court of Fulton County shall have exclusive final court jurisdiction over such proceedings. (10) Bonds issued by the authority shall have a certificate of validation bearing the facsimile signature of the clerk of the Superior Court of Fulton County and shall state the date on which said bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court of this state. (11) The authority shall reimburse the district attorney for his actual costs, if any, associated with the bond validation proceedings. The fees payable to the clerk of the

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Superior Court of Fulton County for validation shall be as follows for each bond, regardless of the denomination of such bond:
(A) One dollar each for the first 100 bonds; (B) Twenty-five cents each for the next 400 bonds; and (C) Ten cents for each such bond over 500. (12) Whether or not the bonds of the authority are of such form and character as to be negotiable instruments, the bonds are made negotiable instruments within the meaning of and for all the purposes of Georgia law subject only to the provisions of the bonds for registration. (13) Neither the members of the authority nor any person executing bonds shall be liable personally thereon or be subject to any personal liability or accountability solely by reason of the issuance thereof.
(14) The authority, subject to such agreements with bondholders as then may exist, shall have power out of any moneys available therefor to purchase bonds of the authority, which shall thereupon be canceled, at a price not in excess of the following:
(A) If the bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment date; or
(B) If the bonds are not then redeemable, the redemption price applicable on the first date after such purchase upon which the bonds become subject to redemp tion, plus accrued interest to the next interest payment date.
(15) In lieu of specifying the rate or rates of interest which bonds to be issued by an authority are to bear, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which rate may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which rate may be fixed or may fluctuate or otherwise change from time to time, so specified; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting there from would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint.
50-10-9. The authority shall not enter into any contract or agreement with any local government with respect to the financing of any environmental facility pursuant to this chapter, unless the director of the Environmental Protection Division of the Department of Natural Resources shall have completed all existing statutory reviews and approvals with respect to such project. Nothing in this chapter shall be construed to diminish the full authority and responsibility of the director of the Environmental Protection Division for existing statutory reviews and approvals.
50-10-10. The bonds of the authority are made securities in which all public officials and bodies of the state and all municipalities, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust compa nies, savings banks, and savings associations, including savings and loan associations, investment companies and other persons carrying on a banking business, and adminis trators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever, who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds including capital in their control or belonging to them. The bonds are also made securities which may be depos ited with and may be received by all public officers and bodies of this state and all municipalities for any purposes for which the deposit of bonds or other obligations of this state are now or hereafter may be authorized.
50-10-11. The State of Georgia does pledge to and agree with the holders of any bonds issued by the authority pursuant to this chapter that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the benefit of the holders of bonds or in any way impair the rights and remedies

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of bondholders until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged or funds for the payment of such are fully provided. The authority is authorized to include this pledge and agreement of the state in any agreement with bondholders.
50-10-12. Neither the members of the authority nor any officer or employee of the authority acting in behalf thereof, while acting within the scope of his authority, shall be subject to any liability resulting from:
(1) The construction, ownership, maintenance, or operation of any project financed with the assistance of the authority;
(2) The construction, ownership, maintenance, or operation of any sewerage system, environmental facility, or water system owned by a local government; or
(3) Carrying out any of the powers expressly given in this chapter. 50-10-13. The provisions of this chapter shall be liberally construed to effect the pur pose hereof. The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 1 of Title 10, known as the 'Georgia Securities Act of 1973.' No notice, proceeding, or publication except those required in this chapter shall be necessary to the performance of any act authorized in this chapter; nor shall any such act be subject to referendum. 50-10-14. No bonds, notes, or other obligations of and no indebtedness incurred by the authority shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or of its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or its agencies or a cause of action against the state or its agencies; provided, however, the state, to the extent permitted by its Constitution, may guarantee payment of such bonds, notes, or other obligations as guaranteed revenue debt. 50-10-15. It is found, determined, and declared that the creation of this authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power con ferred upon it by this chapter. For such reasons the state covenants with the holders from time to time of the bonds, notes, and other obligations issued under this chapter that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing dis tricts upon any property acquired by the authority or under its jurisdiction, control, pos session, or supervision or leased by it to others, or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this chapter shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority.
50-10-16. The authority shall have all rights afforded the state by virtue of the Con stitution of the United States, and nothing in this chapter shall be construed to remove any such rights.
50-10-17. The issuance of any bond, revenue bond, note, or other obligation or incur ring of debt, public or otherwise, by the authority must be approved by the commission established by Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1983 or its successor.
50-10-18. This chapter, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes specified in this chapter.
50-10-19. The authority is specifically authorized, to the extent permitted under the Constitution of this state, to use the proceeds of general obligation debt incurred by the state on such projects and for such purposes as are described by the General Assembly of Georgia in legislation stating the purposes for which such debt is incurred.
50-10-20. Nothing contained in this chapter shall permit the authority to issue bonds or revenue bonds at any time when the sum of:

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(1) The highest aggregate annual debt service requirements for the then current fiscal year or any subsequent fiscal year for outstanding authority bonds or revenue bonds, including the proposed bonds or revenue bonds; and
(2) The highest annual debt service requirements for the then current fiscal year or any subsequent fiscal year on general obligation debt of the state issued for author ity projects exceeds 1 percent of the total revenue receipts, less refunds, of the state treasury in the fiscal year immediately preceding the year in which any such bond or revenue bond is to be issued.
50-10-21. (a) In the event of a failure of any local government to collect and remit in full all amounts due to the authority and all amounts due to others, which involve the credit or guarantee of the authority or of the state, on the date such amounts are due under the terms of any bond, revenue bond, note, or other obligation of the local government, it shall be the duty of the authority to notify the director of the Fiscal Division of the Department of Administrative Services who shall withhold all funds of the state and all funds administered by the state, its agencies, boards, and instrumen talities allotted to such local government until such local government has collected and remitted in full all sums due and cured or remedied all defaults on any such bond, revenue bond, note, or other obligation.
(b) Nothing contained in this Code section shall mandate the withholding of funds allocated to a local government which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of any court binding the state.", and inserting in lieu thereof the following:
"50-10-4. (a) The corporate purpose and the general nature of the business of the Georgia Development Authority shall be:
(1) Rural rehabilitation permissible under the charter of the Georgia Rural Reha bilitation Corporation and contained in paragraph (3) thereof and within the meaning of Public Law 499, Eighty-first Congress, Second Session;
(2) The development of agriculture and industry generally within the state by pro viding, securing, or guaranteeing loans for such purposes; and
(3) Possession of and operation under any franchise, license, or permit granted to it by the United States or this state for a business purpose,
(b) The corporate powers of the authority shall be those provided in this chapter and those additional powers provided in subparagraph (a)(3)(C) and paragraphs (1) through (6), (8), (11), and (19) of subsection (b) of Code Section 14-2-21 and in Code Section 14-2-147.
50-10-5. (a) (1) In addition to, and not in limitation of, the powers granted in this chapter, the Georgia Development Authority shall have and may exercise the power and authority to guarantee or insure loans made for rural rehabilitation purposes or for agricultural and industrial development, provided that, with respect to any such guarantee or contract of insurance made by the authority involving an asset provided to the authority under Public Law 499, Eighty-first Congress, Second Session, the authority shall maintain a reserve or insurance fund out of such assets in an amount not less than 15 percent of the contingent liability existing by reason of any such con tracts of insurance or guarantee. The reserve or insurance fund of the authority may be invested.
(2) Any funds or assets of the authority obtained under the provisions of Public Law 499, Eighty-first Congress, Second Session, or funds derived from such funds or assets, shall not be liable for any deficit, default, or failure of any environmental facil ity project and the authority shall not be obligated on, responsible for, or liable on any obligation of any kind entered into relating to environmental facility projects. The authority shall only be responsible for those obligations related to the funds or assets of the authority received under Public Law 499, Eighty-first Congress, Second Session and funds or assets derived therefrom,
(b) In addition to the powers granted in Code Section 50-10-4 and subsection (b) of this Code section, the authority shall have the power:

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2039

(1) To bring and defend an action in all courts, the original jurisdiction and venue of such actions against the authority being in the Superior Court of Fulton County;
(2) To have a seal and alter the same at its pleasure; (3) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created, and to make loans, to provide secur ity for loans, or to guarantee loans for the purpose of developing agriculture or indus try; provided, however, that the authority shall not make any such loan or guaranty or provide any such security or issue any bonds, notes, or other obligations in connec tion therewith, unless the authority shall adopt a resolution finding that the project for which such loan or guaranty is to be made or for which such security is to be pro vided will promote the development of agriculture or industry; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in fur therance of the public purpose of the authority; (5) To appoint officers, agents, and employees, prescribe their duties and qualifica tions, and fix their compensation; (6) To borrow money to further or carry out its public purpose and to issue revenue bonds, notes, or other obligations to evidence such loans and to execute leases, trust indentures, trust agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, secur ity agreements, assignments, and such other agreements or instruments as may be necessary or desirable in the judgment of the authority, and to evidence and to pro vide security for such loans; (7) To collect fees and charges in connection with its loans, commitments, and servicing including, but not limited to, reimbursements of costs of financing, as the authority shall determine to be reasonable and as shall be approved by the authority;
(8) To invest, subject to any agreement with bondholders, moneys of the authority not required for immediate use to carry out the purposes of this chapter, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following:
(A) Bonds or other obligations of the state or bonds or other obligations, the principal and interest of which are guaranteed by the state;
(B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government;
(C) Obligations of agencies of the United States government issued by the Fed eral Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit Bank, and the Bank for Cooperatives;
(D) Bonds or other obligations issued by any public housing agency or munici pality in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government;
(E) Certificates of deposit of national or state banks located within the state which have deposits insured by the Federal Deposit Insurance Corporation or any Georgia deposit insurance corporation and certificates of deposit of federal savings and loan associations and state building and loan associations located within the state which have deposits insured by the Federal Savings and Loan Insurance Cor poration or any Georgia deposit insurance corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or any Georgia deposit insurance corporation, if any

2040

JOURNAL OF THE HOUSE,

such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, or with any national or state bank located within the state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess:
(i) Direct and general obligations of the state or of any county or municipal ity in the state;
(ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph;
(iii) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or
(iv) Bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in subparagraph (D) of this para graph; (F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with any government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregat ing at least $50 million or with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the require ments of the federal Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with respect to the investment or reinvestment of such moneys and provided, further, that all moneys in each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall be continuously and fully secured by obligations described in subparagraph (A), (B), (C), or (D) of this paragraph, equal at all times to the amount of the interest-bear ing time deposit, repurchase agreement, reverse repurchase agreement, rate guar antee agreement, or other similar banking arrangements; (9) To acquire or contract to acquire from any person, firm, corporation, local government, federal or state agency, or corporation by grant, purchase, or otherwise, leaseholds, real or personal property, or any interest therein; and to sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose of or encumber the same; and local government is authorized to grant, sell, or otherwise alienate lease holds, real and personal property, or any interest therein to the authority; (10) To invest any moneys held in debt service funds or sinking funds not restricted as to investment by the Constitution or laws of this state or the federal government or by contract not required for immediate use or disbursement in obligations of the types specified in paragraph (8) of this subsection, provided that, for the purposes of this paragraph, the amounts and maturities of such obligations shall be based upon and correlated to the debt service, which debt service shall be the principal installm ents and interest payments, schedule for which such moneys are to be applied; (11) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instru mentality thereof, or from any other source for all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; (12) To use income earned on any investment for such corporate purposes of the authority as the authority in its discretion shall determine; (13) To adopt bylaws governing the conduct of business by the authority, the elec tion of officers of the authority other than the chairman, the duties of officers of the authority, and other matters which the authority determines to deal with in its bylaws; (14) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority;

MONDAY, MARCH 3, 1986

2041

(15) To do all things necessary or convenient to carry out the powers conferred by this chapter; and
(16) To designate three or more of its number to constitute an executive committee who, to the extent provided in such resolution or in the bylaws of the authority, shall have and may exercise the powers of the authority in the management of the affairs and property of the authority and the exercise of its power. (c) The authority shall not have the power of eminent domain. 50-10-6. It is found, determined, and declared that the creation of this authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter. For such reasons the state covenants with the holders from time to time of the bonds, notes, and other obligations issued under this chapter that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, posses sion, or supervision or leased by it to others, or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this chapter shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority. 50-10-7. Long-term notes secured by real estate and held by the authority or its assignees shall be exempt from the intangible recording tax imposed by Article 3 of Chapter 6 of Title 48. 50-10-8. The issuance of any bond, revenue bond, note, or other obligation or incur ring of debt, public or otherwise, by the authority must be approved by the commission established by Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1983 or its successor. 50-10-9. The authority shall have all rights afforded the state by virtue of the Con stitution of the United States, and nothing in this chapter shall be construed to remove any such rights. 50-10-10. This chapter, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes specified in this chapter."
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.

Representative Reaves of the 147th moved that the House agree to the Senate substi tute to HB 1686.
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
YAnderson Y Argo YAthon Y Atkins YAuten Y Bailey YBalkcom
Y Bannister YBargeron YBarnett.B

Y Barnett.M Y Beck Y Benefield
Benn Birdsong Bishop
Y Bolster Y Bostick
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
Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan
Y Couch Y Cox Y Crawford

Y Crosby Y Cummings
Daugherty Y Davis Y Dean Y Dixon
Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd
Foster
Y Galer Y Godbee Y Goodwin

Y Greene Y Greer
Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Hays Y Heard Y Hill Y Holcomb Y Holmes Y Hooks
Home Y Hudson Y Isakson

2042

JOURNAL OF THE HOUSE,

YJackson,J YJackson,N YJamieson YJohn9on,D
YJohnSon,F YJohnson,R YJohnson,S
YKilgore Y Kingston
Lane,D YLaneR YLawler
YYLLaawwsroennce Lee,C
YLeeW Y Under YLogan Y Lone YLord

Lucas Y Lupton Y Maddox Y Mangum
YMartin.C Y Martin,J Y Matthews
McDonald Y McKelvey
McKinney Y Milam Y Milford
YY MMoooodrey YMorton Y Mostiler Y MotltrTe Y Mueller Y Oliver C YPadgeit

Pannell Y Parham Y Parrish Y Patten
Y Peters Y Pettit Y Phillips
Y Pinkston Y Porter Y Ramey Y Ramsey.T Y Ramsey.V
Y RRoannsdoamll Y Ray Y Reaves
Redding Y Richardson Y Robinson.C Y Robinson!?

Y Ross Y Royal Y Russell Y Selman
Y Shepard Y Sherrod Y Smkfield
* |lz?I?re Y Smith,L Y Sm th,P
Snuth.T Y Smyre
vY 1St"an"c-i,l ^temberg Thomas.C Thomas.M Thompson
Y Townsend Y Triplett

On the motion, the ayes were 153, nays 0. The motion prevailed.

Y Twiggs Waddle
Y Wa drep Y Wa ker.C
v W I Y Wall Y Ware
VW Y Watte
wane W der Y W, hams.B
YY WWi hamms.RR Y WJson Y Wood 1^*TM" Y Yeargm Y Young
Murphy,Spkr

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 850. By Representatives Chambless of the 133rd, Childers of the 15th, Phillips of the 120th, Watson of the 114th and Reaves of the 147th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the review of all proposed legislation newly regulating a business or a profession.

The President has appointed on the part of the Senate the following: Senators Kidd of the 25th, Walker of the 43rd and Brannon of the 51st.

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 409. By Senators Gillis of the 20th, Timmons of the llth, English of the 21st and others:
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 protection of public health, safety, and the environment by establishing an Asbestos Licensing 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 Adams.G
Y Adams.M

Y Aiken Y Alford Y Alien

Y Andersen Y Argo Y Athon

Y Atkins Y Auten Y Bailey

Y Balkcom Y Bannister Y Bargeron

MONDAY, MARCH 3, 1986

2043

Y Barnett.B Y Barnett,M YBeck Y Benefield
Benn 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 Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCoi Y Crawford

Y Crosby Y Cummings
Daugherty N Davis YDean Y Dixon
Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer
Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard Y Hill Y Holcomb Y Holmes
Y Hooks Home
Y Hudson Y Isakson Y Jackson,J

Y Jackson.N Y Jamieson Y Johnson.D Y Johnson.F Y Johnson.R Y Johnson.S Y Kilgore Y Kingston
Lane,D Lane.R Y Lawler Y Lawrence
Y Lawson Y Lee.C Y Lee.W
Y Under Y Logan
YLong YLord
Lucas Y Lupton Y Maddox Y Mangum Y Martin.C
Y Martin,J Y Matthews
McDonald Y McKelvey
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 Y Patten Y Peters
Y Pettit Y Phillips
Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V
Randall N Ransom
YRay Y Reaves
N Redding Y Richardson
Robinson,C Y Robinson,P
Ross Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield

Y Sizemore Y Smith,L Y Smith.P
Smith.T
Y Smyre YSnow 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
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, the ayes were 152, nays 4. 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 substitute, by the requisite constitutional majority the following Bill of the House:

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.

The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:

SR 497. By Senators Allgood of the 22nd and Kennedy of the 4th: A resolution relative to adjournment.

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:

2044

JOURNAL OF THE HOUSE,

SB 331. By Senator Cobb of the 28th:
A bill to amend Code Section 40-3-33 of the Official Code of Georgia Anno tated, relating to the transfer of vehicle by operation of law and the granting of a new certificate of title on such vehicle, so as to provide for the transfer of a vehicle by a bequest granted by a probate judge pursuant to Code Section 53-1-5.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 40-3-33 of the Official Code of Georgia Annotated, relating to the transfer of vehicle by operation of law and the granting of a new certificate of title on such vehicle, so as to authorize the commissioner to issue a certificate of title for a motor vehicle upon the transfer of a motor vehicle under a will where the motor vehicle was the decedent's only asset and no application for the administration of the estate of the deceased or the probate of such will has been made; to provide certain conditions; to provide procedures; to provide for affidavits and the form of the affidavit; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-3-33 of the Official Code of Georgia Annotated, relating to the transfer of vehicle by operation of law and the granting of a new certificate of title on such vehicle, is amended by adding at the end thereof a new subsection (e) to read as follows:
"(e) (1) In the event of transfer under a will when the motor vehicle was the decedent's only asset, upon receipt of an application for a new certificate of title accompanied by the required fee, the last certificate of title, if available, an affidavit by the applicant to the effect that the motor vehicle was owned by the decedent and was the decedent's only asset and was not encumbered, that under the will the appli cant is entitled to receive title to such motor vehicle, that no application for the administration of the estate of the deceased or the probate of such will is to be had, and that the estate is not indebted and the surviving spouse, if any, and the heirs, if any, are sui juris and have amicably agreed that title to said vehicle be issued to the applicant, the commissioner shall issue to the person or persons shown by such evidence to be entitled thereto the certificate of title for the vehicle.
(2) The commissioner shall prescribe the form of the affidavit to be used in para graph (1) of this subsection."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Linder of the 44th et al, was read:

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles and traffic, so as to provide that a certificate of title and a certificate of registration may be obtained for a motor vehicle which was not manufactured in compliance with fed eral emission and safety standards applicable to new motor vehicles upon submission of a certificate of conversion to the Department of Revenue that the motor vehicle has been modified to comply with such applicable federal standards; to provide for applicability; to provide for a warranty by the seller as to such conversion; to authorize the commissioner to issue a certificate of title for a motor vehicle upon the transfer of a motor vehicle under a will where the motor vehicle was the decedent's only asset and no application for the administration of the estate of the deceased or the probate of such will has been made; to provide certain conditions; to provide procedures; to provide for affidavits and the form of the affidavit; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 3, 1986

2045

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-2-25.1, relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards applicable to new motor vehicles, in its entirety and inserting in lieu thereof a new Code Section 40-2-25.1 to read as follows:
"40-2-25.1. (a) No application shall be accepted and no certificate of registration shall be issued to any motor vehicle which was not manufactured to comply with federal emission and safety standards applicable to new motor vehicles as required by 42 U.S.C.A. Section 7401 through Section 7642, known as the 'Clean Air Act,' as amended, and as required by 15 U.S.C.A. Section 1381 through Section 1431, known as the 'National Traffic and Motor Safety Act,' as amended, unless and until the United States Customs Service or the United States Department of Transportation and the United States Environmental Protection Agency have certified that the motor vehicle complies with such applicable federal standards and unless all documents required by the Depart ment of Revenue for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English transla tion- provided, however, that on and after July 1^ 1986, the Department of Revenue shall accept a certificate of conversion that such motor vehicle has been brought into compli ance with such federal standards under the same conditions as are acceptable to the United States Department of Transportation or the United States Environmental Pro tection Agency and shall not require any additional certification of compliance from such federal agencies for issuance of a certificate of registration.
(b) The provisions of subsection (a) of this Code section shall only apply to applica tions for certificates of registration for such motor vehicles first registered in Georgia after July 1, 1985. Certification of compliance shall only be required at the time of application for the issuance of the initial Georgia certificate of registration.
(c) Applications for registration of such motor vehicles shall be accompanied by a Georgia certificate of title, proof that an application for Georgia certificate of title has been properly submitted, or such other information and documentation of ownership as the commissioner shall deem proper."
Section 2. Said title is further amended by striking Code Section 40-3-29.1, relating to requirement of compliance with federal emission and safety standards, in its entirety and inserting in lieu thereof a new Code Section 40-3-29.1 to read as follows:
"40-3-29.1. (a) In addition to the reasons set forth in Code Section 40-3-29, no application shall be accepted and no certificate of title shall be issued to any motor vehicle which was not manufactured to comply with federal emission and safety stan dards applicable to new motor vehicles as required by 42 U.S.C.A. Section 7401 through Section 7642, known as the 'Clean Air Act,' as amended, and as required by 15 U.S.C.A. Section 1381 through Section 1431, known as the 'National Traffic and Motor Safety Act,' as amended, unless and until the United States Customs Service or the United States Department of Transportation and the United States Environmental Protection Agency have certified that the motor vehicle complies with such applicable federal stan dards and unless all documents required by the Department of Revenue for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation; provided, however, that on and after July 1^ 1986, the Department of Revenue shall accept a certificate of conversion that such motor vehicle has been brought into compliance with such federal standards under the same conditions as are acceptable to the United States Department of Transportation or the United States Environmental Protection Agency and shall not require any additional certification of compliance from such federal agencies for issuance of a certificate of title.
(b) The provisions of subsection (a) of this Code section shall only apply to applica tions for certificates of title for such motor vehicles first titled in Georgia after July 1, 1985. Certification of compliance shall only be required at the time of application for the issuance of the initial Georgia certificate of title."

2046

JOURNAL OF THE HOUSE,

Section 3. Said title is further amended by adding at the end of Part 1 of Article 1 of Chapter 8, relating to equipment generally, a new Code Section 40-8-9 to read as fol lows:
"40-8-9. Any person who sells a motor vehicle which was not manufactured to comply with federal emission and safety standards applicable to new motor vehicles as required by 42 U.S.C.A. Section 7401 through Section 7642, known as the 'Clean Air Act,' as amended, and as required by 15 U.S.C.A. Section 1381 through Section 1431, known as the 'National Traffic and Motor Safety Act,' as amended, and who represents that such motor vehicle has been modified to bring it into compliance with such federal standards shall warrant in writing for a period of 90 days from the date of sale such modifications and that the modifications have been properly made and that such motor vehicle is in compliance with such standards."
Section 4. Said title is further amended by adding at the end of Code Section 40-3-33, relating to the transfer of vehicle by operation of law and the granting of a new certificate of title on such vehicle, a new subsection (e) to read as follows:
"(e) (1) In the event of transfer under a will when the motor vehicle was the decedent's only asset, upon receipt of an application for a new certificate of title accompanied by the required fee, the last certificate of title, if available, an affidavit by the applicant to the effect that the motor vehicle was owned by the decedent and was the decedent's only asset and was not encumbered, that under the will the appli cant is entitled to receive title to such motor vehicle, that no application for the administration of the estate of the deceased or the probate of such will is to be had, and that the estate is not indebted and the surviving spouse, if any, and the heirs, if any, are sui juris and have amicably agreed that title to said vehicle be issued to the applicant, the commissioner shall issue to the person or persons shown by such evidence to be entitled thereto the certificate of title for the vehicle.
(2) The commissioner shall prescribe the form of the affidavit to be used in para graph (1) of this subsection."
Section 5. All laws and parts of laws in conflict with this Act are repealed.
The following amendments were read and adopted:
Representatives Isakson of the 21st and Jackson of the 9th move to amend the Floor substitute to SB 331 by adding on line 27, page 2, and on line 6, page 4 after the word "title." the following:
"Provided that the environmental testing facility is recognized by the Environmental Protection Agency and the conversion facility is recognized by the United States Depart ment of Transportation."

Representatives Isakson of the 21st and Jackson of the 9th move to amend the Floor substitute to SB 331 as follows:
On line 21, page 2 and line 10, page 4 delete the year "1985" and insert in lieu thereof the year "1986".
The Floor substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M

Aiken Y Alford Y Alien

Y Anderson Y Argo Y Athon

Y Atkina Y Auten Y Bailey

Y Balkcom Y Bannister Y Bargeron

MONDAY, MARCH 3, 1986

2047

Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn
Y Birdsong
Bishop Bolster Y Bostick Y Branch YBray Y Brooks Brown.G YBuck Y Burruss YByrd Y Carter Y Cham bless 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 Y Davis
Dean Y Dixon
Dobbs Y Dover Y Dunn
Edwards Y 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
Home Y Hudson Y Isakson Y Jackson.J

Jackson.N
Y Jamieson Y Johnson.D Y Johnson.F
Y Johnson.R Johnson,S
Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder Y Logan YLong YLord
Lucas Y Lupton
Y Maddox Y Mangum
Y Martin.C Y 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 Y Pannell Y Parham Y Parrish Y Patten Y Peters
Pettit Phillips
Pinkston Y Porter
Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom
YRay Y Reaves
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 Snow Y Stancil Steinberg Thomas,C Thomas,M Y Thompson Y Townsend
Triplett Twiggs Waddle Y Waldrep Y Walker.C Y Walker.L
Y Wall Y Ware
Watson Y Watts
White Wilder
Y Williams,B Y Williams,J Y Williams.R
Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 141, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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

Mr. Speaker: The Senate insists on its substitute to the following Bill of the House:

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.

The following Resolution of the House was read and adopted:

HR 885. By Representatives Burruss of the 20th, Russell of the 64th, Connell of the 87th, Phillips of the 120th, Sizemore of the 136th and others:
A resolution commending Cameron Mallory Smoak.

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

Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:

2048

JOURNAL OF THE HOUSE,

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.

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.

Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the Senate were taken up for consideration and read the third time:

SB 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.

The following Committee substitute was read:

A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change certain administrative and judicial procedures regarding decisions and appeal hearings of the Health Planning Review Board; to provide that certain proceeds received from the sale of certain hospitals will be used in funding the provision of hospital care for certain indigent persons; to provide for procedures and conditions relating thereto; to provide exceptions; 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. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking in their entirety subsections (g), (h), and (i) of Code Section 31-6-44, relating to the Health Planning Review Board and administrative and judicial review of planning agency decisions, and inserting in their place new subsections (g), (h), and (i) to read as follows:
"(g) The decision of the panel shall be the final administrative agency decision for
50, the 'Georgia Administrative Procedure Act.' (h) In the event that the review board, its chairman, or a panel of the review board
requires legal counsel, the chairman shall make a request for such advice to the Attorney General.
(i) Any party to the appeal hearing, including excluding the planning agency, may seek judicial review of the panel's decision in accordance with the method set forth in

MONDAY, MARCH 3, 1986

2049

Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; provided, however, that in conducting such review, the court may reverse or modify the decision only if sub stantial rights of the appellant have been prejudiced because the procedures followed by the planning agency, or the review board, or the administrative findings, inferences, conclusions, and decision of the review board are:
(1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedures; (4) Affected by other error of law; (5) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support such findings, inferences, conclusions, or decisions, which such evidentiary standard shall be in excess of the 'any evidence' standard contained in other statutory provisions; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwar ranted exercise of discretion."
Section 2. Said title is further amended by inserting immediately following Code Section 31-7-75 a new Code section, to be designated Code Section 31-7-75.1, to read as follows:
"31-7-75.1. (a) The proceeds from any sale of a hospital owned by a hospital authority or political subdivision of this state, which proceeds shall not include funds required to pay off the bonded indebtedness of the sold hospital or any expense of the authority or political subdivision attributable to the sale, shall be held by the authority or political subdivision in an irrevocable trust fund. Such proceeds in that fund may be invested in the same way that public moneys may be invested generally pursuant to gen eral law, but money in that trust fund shall be used exclusively for funding the provision of hospital care for the indigent residents of the political subdivision which owned the hospital or by which the authority was activated or for which the authority was created. If the funds available for a political subdivision in that irrevocable trust fund are less than $100,000.00, the principal amount may be used to fund the provision of indigent hospital care; otherwise, only the income from that fund may be used for that care.
(b) In the event a hospital authority which sold a hospital was activated by or created for more than one political subdivision or in the event a hospital having as owner more than one political subdivision is sold by those political subdivisions, each such constituent political subdivision's portion of the irrevocable trust fund for indigent hospital care shall be determined by multiplying the amount of that fund by a figure having a numerator which is the population of that political subdivision and a denomi nator which is the combined population of all the political subdivisions which owned the hospital or by which or for which the authority was activated or created.
(c) For purposes of hospital care for the indigent under this Code section, the stan dard of indigency shall be that determined under Code Section 31-8-43, relating to stan dards of indigency for emergency care of pregnant women, based upon 125 percent of the federal poverty level.
(d) A local law may not provide for the use of proceeds from any sale of a hospital owned by a hospital authority or political subdivision otherwise than as provided in this Code section, notwithstanding any other law to the contrary.
(e) This Code section shall not apply to a reorganization or restructuring."
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 amendments were read and adopted:
Representatives Chambless of the 133rd, Childers of the 15th, Ware of the 77th, Wood of the 9th and Richardson of the 52nd move to amend the committee substitute to SB 56 by adding on line 4 of page 1 after the following:

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JOURNAL OF THE HOUSE,

"Board;",
the following:
"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 definitions; 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 orga nization, meetings, and procedures; to provide for the collection, verification, compila tion, 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 Plan ning Agency, the commissioner of human resources, the commissioner of medical assis tance, 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 pri vate 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 provide 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 penalties; to provide for certain civil immunity; to provide for disclosure of informa tion and certain exceptions to immunity; to provide for other matters relative to the foregoing;".
By striking from lines 9 and 10 of page 1 the following:
"to provide an effective date",
and inserting in its place the following:
"to provide for effective dates".
By adding between lines 28 and 29 of page 2 the following:
"Section 2. Said title is further amended by striking paragraphs (9) and (10) of sub section (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;
suet
(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 col lect, verify, compile, analyze, and disseminate data collected pursuant to Article 5 of this chapter.'
Section 3. Said title is further amended by adding at the end of Chapter 6 thereof, relating to state health planning, a new article, 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

MONDAY, MARCH 3, 1986

2051

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 appropriate 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 inter ested 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 estab
lished 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 offer ing 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 medi cal or comprehensive accident or health insurance, whether or not through a self-in surance 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, agencies, business entities, or persons to perform the health care data clearing-house functions. 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 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 pursuant to this article from health care providers, the state Medicaid program, thirdparty 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 advisory committee who shall be the chairman of the advisory committee. The Gover nor 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 financing 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

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JOURNAL OF THE HOUSE,

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 desig nated by the Governor. 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 major ity 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 succes sor 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 advi sory 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, thirdparty 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 pro vide to the clearing-house health care provider data regarding inpatient and out patient 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 appropri ate sources as determined by the clearing-house. Such data shall be reported in a stan dard 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 hospi tal identification number, attending physician identification number, data indicating disposition and outcome, 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 ancillary charge components, and length of stay on diagnosis-specific and procedurespecific cases, as well as disposition, outcome, and utilization data, on a health care

MONDAY, MARCH 3, 1986

2053

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 plan ning 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 compila tions 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 computer 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 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 nonpatientspecific data required under this article. The clearing-house shall develop guidelines for the responsible compilation, analysis, and dissemination of such data with clarifying interpretations. Compilation and dissemination of such data shall be encour aged 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 unnec essary data collection, to avoid any unnecessary burden on data providers, and to avoid duplication 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.

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JOURNAL OF THE HOUSE,

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 plan ning 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 failure 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 commis sioner 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, association, or other entity who violates this subsection shall be guilty of a mis demeanor. (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 plan ning 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 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 pro tected and no provision of this article shall affect any provision of law relating to patient confidentiality. (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 pro vide immunity for disclosing or furnishing false information with malice or willful intent to injure any person.'"
By striking from line 29 of page 2 the following:
"Section 2",
and inserting in its place the following:
"Section 4".
By striking lines 14 through 16 of page 4 and inserting in their place the following:

MONDAY, MARCH 3, 1986

2055

"Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except that Sections 2 and 3 of this Act shall become effective only upon adequate appropriations being made by the Georgia General Assembly to fund those Sections 2 and 3."
By striking from line 17 of page 4 the following:
"Section 4",
and inserting in its place the following:
"Section 6".

Representative Cheeks of the 89th moves to amend the Committee substitute to SB 56 as follows:
On line 1, page 3, after the word "sale" add the words "or leased". On line 7, page 3, after the word "sale" add the words "or leased". On line 21, page 3, after the word "sold" add the words "or leased". On line 24, page 3, after the word "sold" add the words "or leased". On line 8, page 4, after the word "sale" add the words "or leased".

Representatives Bolster of the 30th, Dover of the llth and Wilson of the 20th move to amend the Committee substitute to SB 56 by adding as a sub-paragraph after line 13, page 4, the following:
"(f) No public hospital in this state shall be sold or leased without first being approved in a special election, called and held as other special elections, by the voters of the political subdivision owning said hospital or in the case of an authority by the voters of the political subdivision or subdivisions which created such authority."

Representative Coleman of the 118th moves to amend the Committee substitute to SB 56 by inserting on page 3, line 20, after the period, the words "Such funding or reimburse ment for indigent care shall not exceed the Diagnosis Related Group rate for that hospital in each individual case."

The following amendment was read and lost:

Representative Dobbs of the 74th moves to amend the Committee substitute to SB 56 by striking all of Section 2 in its entirety and renumbering the remaining sections accordingly.

The following amendment was read:

Representative Groover of the 99th moves to amend the Committee substitute to SB 56 by striking line 7 through 11 on page 4.

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

N Aaron Adams.G
Y Adams.M Y Aiken
N Alford N Alien N Anderson NArgo N Athon

N Atkins Y Auten Y Bailey N Balkcom
Y Bannister Y Bargeron Y Barnett,B YBarnett,M Y Beck

Y Benefield Benn
N Birdsong N Bishop
N Bolster Bostick
Y Branch Y Bray N Brooks

N Brown.G N Buck N Burruss Y Byrd
Carter N Chambless
Chance N Cheeks N Childers

N Childs N Clark.B
Clark.L N Colbert
Y Coleman Y Colwell N Connell N Cooper
Copelan

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JOURNAL OF THE HOUSE,

N Couch YCox Y Crawford Y Crosby Y Cummings
Daugherty Y Davis N Dean Y Dixon Y Dobbs Y Dover
YDunn
Y Edwards
Y Felton Y Floyd
Y Foster
N Galer
NGodbee Y Goodwin Y Greene NGreer
Y Groover N Hamilton Y Manner Y Harris N Hasty NHays

Y Heard
Y Hill N Hoicomb N Holmes N Hooks Y Home Y Hudson N Isakson
Y Jackson,J
Y Jackson.N
Y Jamieson Y Johnson.D Y Johnson.F
Johnson,R N Johnson.S
Y Kilgore N Kingston Y Lane.D Y Lane.R N Lawler N Lawrence Y Lawson N Lee.C Y Lee.W
Y Linder Logan
YLong

YLord N Lucas
Lupton N Maddox Y Mangum
N Martin.C N Martin,J Y Matthews N McDonald N McKelvey N McKinney Y Milam Y Milford Y Moody
Y Moore Morton
Mostiler
N Moultrie Y Mueller Y Oliver.C Y Padgett N Pannell N Parham N Parrish Y Patten Y Peters N Pettit

Phillips Y Pinkston
Y Porter Y Rainey Y Ramsey.T Y Ramsey.V
Randall
Y Ransom YRay Y Reaves N Redding N Richardson
N Robinson.C
N Robinson.P
YRoss Y Royal N Russell
N Selman Y Shepard
Y Sherrod
N Sinkfield Y Sizemore Y Smith,L Y Smith.P Y Smith.T N Smyre YSnow

On the adoption of the amendment, the ayes were 89, nays 70. The amendment was adopted.

Y Stancil N Steinberg N Thomas.C
Thomas.M
N Thompson N Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Walker.L Y Wall YWare
Y Watson Y Watts
White
N Wilder Y Williams.B N Williams.J
Y Williams.R N Wilson N Wood N Workman
Yeargin
N Young Murphy.Spkr

The following amendment was read and adopted:

Representatives Porter of the 119th and Barnett of the 10th move to amend the committee substitute to SB 56 by adding before the period on line 13 of page 4 the follow ing:
"and shall not apply to any sale of a hospital, or the proceeds from that sale, made prior to the date this Code section becomes effective".

Representative Clark of the 55th moved that the House reconsider its action in adopt ing the Groover amendment.

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

Y Aaron
Adams.G N Adams.M N Aiken Y Alford
Y Alien Y Anderson YArgo
N Athon
N Atkins N Auten N Bailey N Balkcom N Bannister
N Bargeron N Barnett.B N Barnett.M NBeck N Benefield
Benn Y Birdsong Y Bishop Y Bolster
Bostick

N Branch NBray Y Brooks Y Brown.G YBuck
Y Burruss
NByrd
Carter Y Chambless
Chance N Cheeks Y Childers Y Childs
Y Clark.B Clark.L
Y Colbert N Coleman N Colwell Y Connell Y Cooper
Copelan Y Couch N Cox
N Crawford

N Crosby Y Cummings
Daugherty N Davis YDean Y Dixon N Dobbs N Dover N Dunn N Edwards N Felton
N Floyd N Foster Y Galer
Y Godbee N Goodwin N Greene NGreer N Groover Y Hamilton N Hanner N Harris Y Hasty
NHays

N Heard NHill N Hoicomb Y Holmes Y Hooks N Home N Hudson Y Isakson N Jackson,J N Jackson.N N Jamieson N Johnson.D N Johnson.F
N Johnson.R Y Johnson.S N Kilgore Y Kingston N Lane.D N Lane.R Y Lawler Y Lawrence
N Lawson YLee.C N Lee.W

N Linder
Y Logan
N Long
NLord Y Lucas
Lupton N Maddox N Mangum Y Martin.C Y Martin,J N Matthews
N McDonald
Y McKelvey
McKinney N Milam N Milford N Moody N Moore N Morton Y Mostiler Y Moultrie N Mueller N Oliver.C N Padgett

MONDAY, MARCH 3, 1986

2057

Y Pannell
Y Parham Y Parrish
N Patten N Peters Y Pettit N Phillips N Pinkston
Y Porter N Rainey N Ramsey.T N Ramsey.V

Randall N Ransom
NRay N Reaves
Y Redding Y Richardson Y Robinson.C Y Robinson.P
NRoss N Royal Y Russell Y Selman

N Shepard N Sherrod Y Sinkfield N Sizemore
N Smith,L N Smith,P N Smith.T
Y Smyre
N Snow N Stancil Y Steinberg N Thomas.C

Y Thomas.M Y Thompson Y Townsend N Triplett NTwiggs N Waddle
N Waldrep Walker.C
N Walker.L
NWall N Ware N Watson

N Watts White
Y Wilder N Williams.B Y Williams.J N Williams.R
Y Wilson Y Wood Y Workman
Yeargin
Y Young Murphy,Spkr

On the motion, the ayes were 65, nays 100. The motion was lost.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by 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 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 Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch
YCox Y Crawford
Y Crosby Y Cumtnings
Daugherty Y Davis YDean Y 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
Y Lee.C Y Lee.W Y Under
YLogan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin.J Y Matthews
Y McDonald

Y McKelvey McKinney
YMilam Y Milford Y Moody Y Moore YMorton
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 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 YSnow 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 Y Ware Y Watson
Y Watts White
Y Wilder Y Williams,B Y Williams.J Y Williams,R
Y Wilson Y Wood Y Workman
Y Yeargin Y Young
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 171, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

SR 436. By Senator Kennedy of the 4th: A resolution designating the John C. Beasley Bridge.

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JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Aaron Adams,G
Y Adams.M Y Aiken
Alford Y Alien Y Anderson Y Argo Y Athon
Y Atkins Y Auten
Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,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
Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCox
Crawford
Y Crosby Y Cummings
Daugherty Y Davis
Dean Y Dixon YDobbs 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
Hanner Y Harris Y Hasty YHays

Y Heard YHill
Y Holcomb Y Holmes Y Hooks
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 YLee.C YLee.W
Y Linder Y Logan
YLong YLord
Lucas
Y Lupton Y Maddox
Y Mangum Martin.C
Y MartinJ
Y Matthews Y McDonald

Y McKelvey
McKinney Milam Y Milford Y Moody
Y Moore Y Mortpn
Mostiler Y Moultrie Y Mueller YOliver.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 YRay Y Reaves Y Redding
Richardson Robinson.C
Y Robinson,P YRoss Y Royal Y Russell
Selman

Y Shepard Y Sherrod
Y Sinkfield Y Sizemore Y Smith.L Y Smith.P
Y Smith.T Smyre
Y Snow 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
White Wilder Y Williams.B Y Williams,J Y Williams,R Y Wilson
Y Wood Workman
Y Yeargin
Young Murphy,Spkr

On the adoption of the Resolution, the ayes were 144, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

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.

Representative McDonald of the 12th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1300 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.

MONDAY, MARCH 3, 1986

2059

The following Resolution of the Senate was read:

SR 497. By Senators Allgood of the 22nd and Kennedy of the 4th:

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Gen eral Assembly adjourn at 8:00 P.M. on March 3, 1986, and reconvene at 10:00 A.M. on March 6, 1986.

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 Y Alien Y Anderson YArgo
Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong
Bishop Bolster Y Bostick Branch YBray Y Brooks Y Brown.G Buck
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 Couch
YCox Crawford
Y Crosby Y Cummings
Daugherty Y Davis YDean Y Dixon
Dobbs Y Dover
Dunn Y Edwards
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 Y Hill Y Holcomb
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
Johnson.S Kilgore Y Kingston Y Lane,D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Linder YLogan YLong YLord
Y Lucas Y Lupton
Y Maddox Y Mangum Y Martin.C Y Martin,J N 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
Pettit Y Phillips
Pinkston Porter
Y Rainey Y Rarosey/T
Ramsey.V Randall Ransom
YRay Y Reaves Y Redding Y Richardson
Robinson.C Y Robinson.P
YRoss Y Royal
Y Russell Selman

On the adoption of the Resolution, the ayes were 137, nays 2. The Resolution was adopted.

Shepard
Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T
Smyre YSnow 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 N 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

By unanimous consent, SR 497 was ordered immediately transmitted to the Senate.

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:

2060

JOURNAL OF THE HOUSE,

SB 346 Do Pass, by Substitute

Respectfully submitted, M Watson of the 114th
Chairman

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 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.
The following amendment was read and adopted:
The Committee on Judiciary moves to amend SB 292 by inserting on line 22 of page 2 between "state" and the comma the following:
"or within this state and other states".
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 Aiken
Y Alford Y Alien Y Andereon YArgo YAthon Y Atkins
Auten Y Bailey YBalkcom Y Bannister Y Bargeron Y Barnett.B Y Barnetl.M YBeck Y Benefield
Benn Y Birdsong
Bishop Bolster YBoetick Branch
Bray Y Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter
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
Couch YCoi Y Crawford Y Crosby Y Cumniings
Daugherty Y Davis
Dean Y Diion YDobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee
Y Goodwin Greene
YGreer 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
Jackson.N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson,R
Johnson,S
Kilgore Y Kingston
Lane,D
Lane.R Y Lawler
Lawrence Lawson YLee.C YLee.W Y Under YLogan YLong YLord
Y Lucas Y Lupton
Maddox
Y Mangum Y Martin.C Y Martin.J Y Matthews N McDonald

Y McKelvey 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 Y Phillips
Pinkston Y Porter
Y Rainey Y Ramsey.T
Y Ramsey.V Randall 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 Y Smith,? Y Smith.T Y Smyre YSnow 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
YWall YWare
Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Wilson
YWood Workman
Y Yeargin
Young Murphy.Spkr

MONDAY, MARCH 3, 1986

2061

On the passage of the Bill, as amended, the ayes were 139, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 551. By Senator Greene of the 26th:
A bill to amend Code Section 40-5-56 of the Official Code of Georgia Anno tated, relating to suspension of licenses or driving privileges for failure to respond to citations, so as to provide for the reinstatement of licenses; to provide for restoration 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 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
Balkcom Y Bannister
Y Bargeron Y Barnett.B Y Barnett,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 Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings
Daugherty Y Davis
Dean Y Dixon
Y Dobbs Y Dover
Dunn
Y Edwards Y 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 YHill
Y Holcomb Y Holmes Y Hooks
Home Y Hudson Y Isakson Y Jackson,J
Jackson.N
Y Jamieson Y Johnson.D
Y Johnson.F Y Johnson.R
Johnson,S Y Kilgore Y Kingston Y Lane.D
Lane.R Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W
Y Linder Y Logan YLong YLord
Lucas Y Lupton
Maddox Y Mangum
Y Martin.C Y Martin,J Y Matthews
Y McDonald

Y McKelvey McKinney
Y Milam Y Milford
Y Moody Y Moore YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett
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 YRay Y Reaves
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 147, nays 0. The Bill, having received the requisite constitutional majority, was

Shepard Y Sherrod
Y Sinkfield Y Sizemore Y Smith.L Y Smith.P
Smith.T Y Smyre YSnow Y 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 Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R
Wilson Y Wood
Workman Y Yeargin
Young Murphy.Spkr

SB 471. By Senator Dawkins of the 45th:
A bill to amend Code Section 34-8-126 of the Official Code of Georgia Anno tated, relating to collection of delinquent contribution payments generally under the "Employment Security Law," so as to authorize the Commissioner of Labor to settle and compromise payment disputes; to provide for the establishment of rules and regulations.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

2062

JOURNAL OF THE HOUSE,

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 Anderaon YArgo Y Athon Y Atkins Y Auten Y Bailey
Balkcom Y Bannister
Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong
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 Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings
Daugherty Y Davis
Dean Y Dixon YDobbs Y Dover
Dunn
Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee
Y Goodwin Y Greene YGreer
Y Groover 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 Y Johnson.D Y Johnson.F Y Johnson,R
Y Johnson.S Y Kilgore Y Kingston Y Lane,D
Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C YLee.W Y Linder 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 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 Y Pettit Y Phillips
Pinks ton Y Porter Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom YRay Y Reaves Y Redding
Richardson Robinson,C Y Robinson.P YRoss Y Royal Y Russell Y Selman

Y Shepard Y Sherrod Y Sinkfield
Y Sizemore Y Smith.L Y Smith,?
Smith.T Y Smyre YSnow Y Stancil
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 Y Williams.B Y Williams,J
Williams.R Y Wilson Y Wood Y Workman Y Yeargin
Young Murphy.Spkr

On the passage of the Bill, the ayes were 152, 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 pre vious appointment of a Committee of Conference by the House:

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.

The Committee of Conference previously appointed consisted of the following mem bers:
Representatives Couch of the 40th, Martin of the 60th and Argo of the 68th.

Representative Argo of the 68th requested that the name of Representative Steinberg of the 46th be substituted for Representative Martin of the 60th.
The request was granted and it was so ordered.

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

MONDAY, MARCH 3, 1986

2063

Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:

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.

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 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.

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.

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.

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.

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.

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

2064

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.

The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 328. By Senators Tolleson of the 32nd, Harrison of the 37th, Brantley of the 56th and others:
A bill to amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation by municipal corporations pur suant to application of 60 percent of landowners and electors, so as to com pletely revise the provisions relating to annexation by certain municipalities having independent school systems within their corporate boundaries.

The President has appointed on the part of the Senate the following: Senators Tolleson of the 32nd, Harrison of the 37th and Brantley of the 56th.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 1919. 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 for the compensation of the Coroner of Clarke County, so as to change the provisions regarding that compensation.

The following Senate amendment was read:

Amend HB 1919 by striking on line 12 of page 1 the following: "wherever it appears", and inserting in lieu thereof the following: "where it first appears". By striking on line 14 of page 1 the following: "in each such place". By striking on line 22 of page 1 the following: "$3,600.00", and inserting in lieu thereof the following: "$2,400.00".

Representative Logan of the 67th moved that the House disagree to the Senate amendment to HB 1919.
The motion prevailed.

Representative Coleman of the 118th District, Chairman of the Committee on Public Safety, submitted the following report:

MONDAY, MARCH 3, 1986

2065

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 392 Do Pass SB 329 Do Pass, by Substitute SB 451 Do Pass, by Substitute
Respectfully submitted, hi Coleman of the 118th
Chairman

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 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.

The following Committee substitute was read:

A BILL
To amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the authorization and requirements for transacting insurance, so as to authorize the Commissioner of Insurance to require reports of certain information by liability insurers and self-insurers; to provide for the content of such reports; to authorize the Commissioner of Insurance to compile and review such reports; to provide for a date when such reports shall be due; to provide that such reports shall be public records; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and requirements for transacting insurance, is amended by adding a new Code Section 33-3-21.1 to read as follows:
"33-3-21.1. (a) The Commissioner shall be authorized to promulgate rules and regu lations which shall require each insurer licensed to write property and casualty insurance in this state, as a supplement to the annual report required under Code Section 33-3-21, and each self-insurer doing business in this state to submit a report on a form furnished by the Commissioner showing its direct writings in this state.
(b) The reports authorized by subsection (a) of this Code section may include but need not be limited to any one or more of the following types of insurance written by such insurer:
(1) Motor vehicle bodily injury liability insurance, including medical payments insurance;
(2) Products liability insurance; (3) Medical professional liability insurance; (4) Hospital professional liability insurance; (5) Architects' and engineers' professional liability insurance; (6) Attorneys' professional liability insurance;

2066

JOURNAL OF THE HOUSE,

(7) Motor vehicle personal injury protection insurance; (8) Motor vehicle property damage liability insurance; and (9) Uninsured motorist insurance. (c) The supplemental reports may, at the discretion of the Commissioner, include the following data for the previous year ending on the thirty-first day of December: (1) Direct premiums written; (2) Direct premiums earned; (3) Net investment income, including net realized capital gains and losses, using appropriate estimates where necessary; (4) Incurred claims, developed as the sum of, and with figures provided for all loss transactions on accident (occurrence) by year of the accident (occurrence), the follow ing:
(A) Dollar amount of claims closed with payment, plus (B) Reserves for reported claims at the end of the current year, minus (C) Reserves for reported claims at the end of the previous year, plus (D) Reserves for incurred but not reported claims at the end of the current year, minus (E) Reserves for incurred but not reported claims at the end of the previous year, plus (F) Reserves for loss adjustment expense at the end of the current year, minus (G) Reserves for loss adjustment expense at the end of the previous year; (5) Actual incurred expenses allocated separately to loss adjustment, commissions, other acquisition costs, general office expenses, taxes, licenses, and fees, and all other expenses; (6) Net underwriting gain or loss; and (7) Net operating gain or loss, including net investment income. (d) Any reports required by the Commissioner pursuant to this Code section shall be due by the first day of May of each year and shall cover the preceding calendar year. (e) The Commissioner shall be authorized to annually compile and review any such reports submitted by insurers and self-insurers pursuant to this Code section. Reports under this Code section shall be public records and shall be available to any interested insured or citizen."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Dixon of the 151st moves to amend the House committee substitute to SB 384 by striking from line 3 of page 1 the word "authorize" and inserting in lieu thereof the word "require".
By striking from line 6 of page 1 the word "authorize" and inserting in lieu thereof the word "require".
By striking from line 16 and line 17 of page 1 the words "be authorized to".
By striking from line 24 of page 1 the word "authorized" and inserting in lieu thereof the word "required".
By striking from line 25 of page 1 the word "may" and inserting in lieu thereof the word "shall".
By striking from line 16 and line 17 of page 2 the words and punctuation "may, at the discretion of the Commissioner," and inserting in lieu thereof the word "shall".

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

MONDAY, MARCH 3, 1986

Y Aaron Adams,G
Y Adams.M Aiken
Y Alford Y Alien Y Anderson N Argo Y Athon Y Atkins N Auten N Bailey
Balkcom Y Bannister N Bargeron Y Barnett.B Y Barnett.M YBeck N Benefield
Benn Birdsong Y Bishop N Bolster Y Bostick Y Branch
NBray Brooks
Y Brown.G NBuck Y Burruss YByrd Y Carter
Chambless
N 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
Couch YCox N Crawford Y Crosby N Cummings
Daugherty Y Davis YDean Y Dixon Y Dobbs Y Dover N Dunn N Edwards
Felton Y Floyd
Y Foster N Galer Y Godbee Y Goodwin Y Greene N Greer N Groover
Hamilton Y Hanner N Harris N Hasty
YHays

Y Heard NHill N Holcomb Y Holmes N Hooks Y Home
Y Hudson Y Isakson
Y Jackson,J Jackson.N
Y Jamieson Y Johnson,D Y Johnson,F N Johnson.R Y Johnson.S
Kilgore N Kingston Y Lane.D
Lane.R Y Lawler Y Lawrence
Y Lawson Y Lee.C N Lee,W
Y Linder N Logan
Long NLord
Lucas Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews McDonald

Y McKelvey McKinney
N Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler N Moultrie Y Mueller
Y Oliver.C Y Padgett N Pannell Y Parham Y Parrish
Patten Y Peters N Pettit Y Phillips Y Pinkston
Y Porter
Y Rainey Y Ramsey.T N Ramsey.V
Randall Ransom
YRay Y Reaves
Y Redding Richardson
Y Robinson.C Y Robinson.P
YRoss Y Royal
Russell
N Selman

On the adoption of the amendment, the ayes were 114, nays 35.

The amendment was adopted.

2067
Y Shepard Y Sherrod Y Sinkfield N Sizemore Y Smith.L Y Smith.P Y Smith.T
Smyre Y Snow Y Stancil Y Steinberg Y Thomas.C Y Thomas.M Y Thompson
Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Walker.L Y Wall N Ware Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Wilson Y Wood N Workman Y Yeargin Y Young Murphy.Spkr

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

N Aaron Adams.G
N Adams,M N Aiken N Alford N Alien Y Anderson Y Argo N Athon N Atkins Y Auten
Y Bailey Batkcom
N Bannister Y Bargeron N Barnett.B N Barnett.M NBeck Y Benefield N Benn
Birdsong N Bishop Y Bolster
N Bostick N Branch YBray N Brooks Y Brown.G YBuck
Burruss NByrd

N Carter Chambless
Y Chance Y Cheeks N Childers
Y Childs N Clark.B N Clark,L Y Colbert N Coleman N Colwell N Connell N Cooper N Copelan
N Couch YCox Y Crawford N Crosby N Cummings
Daugherty N Davis
Dean N Dixon N Dobbs N Dover Y Dunn Y Edwards
N Felton N Floyd N Foster Y Galer

NGodbee N Goodwin N Greene Y Greer Y Groover
Y Hamilton N Manner Y Harris Y Hasty NHays Y Heard NHill
Y Holcomb N Holmes
Y Hooks N Home N Hudson N Isakson N Jackson,J N Jackson,N N Jamieson
Johnson.D N Johnson,F Y Johnson.R N Johnson,S
Kilgore Y Kingston N Lane.D
N Lane,R N Lawler N Lawrence

N Lawson YLee.C Y Lee,W
N Linder
Y Logan Long
NLord Y Lucas N Lupton Y Maddox N Mangum
N Martin.C N Martin,J N Matthews
McDonald N McKelvey N McKinney Y Milam
N Milford N Moody N Moore N Morton N Mostiler Y Moultrie N Mueller
N Oliver.C Y Padgett Y Pannell N Parham
N Parrish Patten

N Peters Y Pettit N Phillips Y Pinkston Y Porter N Rainey N Ramsey.T
N Ramsey.V Randall
N Ransom NRay N Reaves N Redding Y Richardson
Y Robinson.C Y Robinson.P NRoss N Royal
Russell N Selman N Shepard Y Sherrod N Sinkfield N Sizemore N Smith,L N Smith.P N Smith.T Y Smyre NSnow Y Stancil N Steinberg

2068

JOURNAL OF THE HOUSE,

Y Thomas.C Y Thomas.M N Thompson N Townsend N Triplet!

N Twiggs N Waddle N Waldrep N Walker.C
Walker.L

N Wall Y Ware
Watson Watts White

N Wilder N Williams.B Y Williams,J N Williams.R N Wilson

Y Wood Y Workman N Yeargin N Young
Murphy.Spkr

On the adoption of the Committee substitute, as amended, the ayes were 53, nays 108. The Committee substitute, as amended, was lost.

The following substitute, offered by Representative Dixon of the 151st, was read:

A BILL
To amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, so as to require certain insurers to file itemized annual reports; to provide for the contents of such reports; to provide for due dates; to provide for compilation and availability of such reports; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, is amended by inserting immediately following Code Section 33-3-21 a new Code section, to be designated Code Section 33-3-21.1, to read as follows:
"33-3-21.1.(a) As part of the annual report of the affairs and operations of an insurer under Code Section 33-3-21, each insurer licensed to write property and casualty insur ance shall be required by the Commissioner to submit a report on a form furnished by the Commissioner showing its direct writings in this state.
(b) The report required by subsection (a) of this Code section shall include but not be limited to the following types of insurance written by such insurer:
(1) Motor vehicle bodily injury liability insurance, including medical pay insurance; (2) Products liability insurance; (3) Medical malpractice insurance; (4) Architect and engineer malpractice insurance; (5) Attorney malpractice insurance; (6) Motor vehicle personal injury protection insurance; (7) Motor vehicle property liability insurance; (8) Uninsured motorist insurance; (9) Underinsured motorist insurance; and (10) Commercial casualty or property insurance as defined in paragraph (1) of Code Section 33-7-3 or Code Section 33-7-6. (c) Additionally, the report shall include the following information: (1) Direct premiums written; (2) Direct premiums earned; (3) Net investment income, including net realized capital gains and losses, using appropriate estimates where necessary; (4) Incurred claims, developed as a sum of, and with figures provided for, the following:
(A) Dollar amount of claims closed with payment; plus (B) Reserves for reported claims at the end of the current year; minus (C) Reserves for reported claims at the end of the previous year; plus (D) Reserves for incurred but not reported claims at the end of the current year; minus (E) Reserves for incurred but not reported claims at the end of the previous year; plus (F) Reserves for loss adjustment expense at the end of the current year; minus (G) Reserves for loss adjustment expense at the end of the previous year;

MONDAY, MARCH 3, 1986

2069

(5) Actual incurred expenses allocated separately to loss adjustment, commissions, other acquisition costs, general office expenses, taxes, licenses, fees, and all other expenses;
(6) Net underwriting gain or loss; and (7) Net operation gain or loss, including net investment income. (d) The annual report shall be due by the first of March of each year, beginning in 1987, and shall cover the prior calendar year. (e) It shall be the duty of the Commissioner annually to compile and review all such reports submitted by insurers pursuant to this Code section. The reports shall be pub lished and made available to the public."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the Floor 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 N Argo Y Athon Y Atkins N Auten Y Bailey
Balkcom Y Bannister N Bargeron Y Barnett.B Y Barnett.M
YBeck Y Benefield
YBenn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch NBray 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
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 N 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 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
Lawson Y Lee.C Y Lee.W Y Linder Y Logan
Long
YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews
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 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 Y Robinson.C
Y Robinson,? YRoss Y Royal
Russell
Y Selman

Y Shepard Y Sherrod
Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T
Smyre YSnow Y Stancil
Y Steinberg Y Thomas.C Y Thomas.M Y Thompson
Y Townsend Y Triplett
Y Twiggs Y Waddle Y Waldrep
Walker.C 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 adoption of the Floor substitute, the ayes were 156, nays 5. The Floor substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M Y Aiken

Y Alford Y Alien Y Anderson YArgo

Y Athon Y Atkins N Auten Y Bailey

Y Balkcom Y Bannister Y Bargeron Y Barnett.B

Y Barnett,M YBeck Y Benefield YBenn

2070

JOURNAL OF THE HOUSE,

Y Birdsong Y Bishop
Y 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 YChilders Y Childs Y Clark.B
Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper YCopelan Y Couch Y Cox
Y Crawford YCrosby 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
Banner Y Harris
Y Hasty Y Hays Y Heard Y Hill Y Holcomb Y Holmes Y Hooks
Home Y Hudson
Y Isakson Y Jackson.J Y Jackson.N Y Jamieson Y Johnson.D

Y Johnson,F Y Johnson.R
Y Johnson,S 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 Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews
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 Parrish
Patten Y Peters Y Pettit Y Phillips
Pinkston Y Porter Y Rainey Y Ramsey.T Y 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

Y Smith,L Y Smith,P
Y Smith.T Y Smyre Y Snow Y Stancil Y Steinberg
Y Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J Y Wi liams,R Y Wilson
Y Wood Y Workman Y Yeargm Y Young
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 166, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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

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.

The following Senate substitute was read:

A BILL
To amend Code Section 40-8-159 of the Official Code of Georgia Annotated, relating to the certification of motor vehicle emission inspection stations, so as to change the provi sions relating to the fee which may be charged for an emission inspection; to amend Code Section 40-8-76 of the Official Code of Georgia Annotated, relating to the requirements for safety belts for motor vehicles and safety restraints for children being transported in motor vehicles, so as to provide that children over three years of age but under 12 years of age shall be protected by safety belts while being transported in motor vehicles; to pro vide for penalties; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-8-159 of the Official Code of Georgia Annotated, relating to the certification of motor vehicle emission inspection stations, is amended by striking

MONDAY, MARCH 3, 1986

2071

paragraph (3) of subsection (d) in its entirety and substituting in lieu thereof a new para graph (3) to read as follows:
"(3) A fee of $6.00 $8.00 shall be charged by each emission inspection station for per formance of the emission inspection and emission control equipment inspection required by this part. Such fee does not include any required maintenance. The station may shall be required to remit to the commissioner an administrative fee of 26$ 50(1: as a rcgulatery fee z one-half of which shall be a county administrative fee, for each certificate of emission inspection issued^ and the commissioner shall remit quarterly the county por tion of such administrative fees to the county governing authorities of the counties wherein the inspections were performed;".
Section 2. Code Section 40-8-76 of the Official Code of Georgia Annotated, relating to the requirements for safety belts for motor vehicles and safety restraints for children being transported in motor vehicles, is amended by adding between subsections (c) and (d) a new subsection (c.l) to read as follows:
"(c.l) (1) On and after July 1, 1986, every driver who regularly and customarily transports a child over three years of age but under 12 years of age in a passenger auto mobile, van, or pickup truck, other than one operated for hire, which is registered in this state shall, while such motor vehicle is in motion and operated on a public road, street, or highway of this state, provide for the protection of such child by the use of a safety belt. This subsection shall not apply to a child who has a medical condition that pre vents appropriate restraint by a safety belt.
(2) It shall be unlawful for any person to fail to comply with the requirements of paragraph (1) of this subsection and, upon conviction for such offense, the person shall be punished by a fine not exceeding $25.00."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Benn of the 38th moved that the House disagree to the Senate substi tute to HB 1321.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 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.

The following Committee substitute was read and adopted:

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 pro vide for the court to which bonds shall be returnable; to provide contempt proceedings for violation of bonds; to provide for contempt proceedings against a prosecuting witness in certain circumstances; to provide for all related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

2072

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 4 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds for good behavior, is amended by striking Code Section 17-6-90, relating to issuance of warrants and proceedings for bonds, and inserting in its place a new Code section to read as follows:
"17-6-90. (a) Any judicial officer authorized to hold a court of inquiry may, upon the information of others under oath or upon his own motion, issue a warrant against any person in the county whose conduct is such as to justify the belief that the safety of any one or more persons in the county or the peace or property of the same is in danger of being injured or disturbed thereby. Upon the return of the warrant and upon sufficient cause being shown, the court may require from the person a bond with sure ties for his good behavior until the next term of the superior court of the county or for a period of 60 days, whichever is greater. Any person against whom a warrant issues must, within 24 hours, be brought for a hearing before the court which issued the warrant or be released on bond by the sheriff^ the amount and reasonable conditions of such bond to be set by the court which issued the warrant.
yD/ iVOvnin^j itfi tills OOQ6 section snctil pPOniDit trie siicriii iroHi r1Gflsin trie person
set by the sheriff, but in ne event shall the amount set by- the sheriff exceed $1,000.00. oucn Donci Sfisil contflift tnc sftinic cono11tofts fts ~fl DOHQ rcQUiPCd flitcp ~& ricflfin Dy *nc
posted under this Code section shall be returnable i the state court rather than i the superior court. All bonds posted under this Code section shall be returnable in the court which issued the warrant and shall be amendable in the court's discretion. Within five seven days after being released on bond by the sheriff, the person shall be entitled to a hearing before the court ef inquiry, which issued the warrant. The court may, on its own motion, require a hearing.
(c) If it is determined at a hearing that there was not sufficient cause for the warrant to have been issued, the affiant who caused the warrant to be issued shall pay all court costs."
Section 2. Said part is further amended by striking Code Section 17-6-93, relating to extension of bonds, surrender of principals, and expiration of bonds, and inserting in its place a new Code section to read as follows:
"17-6-93. A bond for good behavior posted pursuant to Code Section 17-6-90 may be extended from term to term by the superior or state court, as the case may be2 or for additional 60 day periods by the court which issued the warrant, whichever is greater, in its discretion. The sureties on the bond shall have the privilege of surrendering their principal as in other cases of bail. K net extended, the bond shaH expire with the session
Or t/flC COUPt.
Section 3. Said part is further amended by adding a new Code Section 17-6-94 to read as follows:
"17-6-94. Upon oral or written complaint by the injured party or upon motion by the prosecuting attorney, the court may, in its discretion, issue a rule for contempt against a party who violates the bond posted pursuant to Code Section 17-6-90. Upon hearing the rule, if the court finds that there has been a violation of the bond, the court may, in addition to the remedy provided in Code Section 17-6-92, impose a sentence for con tempt of court. If it should appear to the court from the evidence and the court finds that the violation of the bond was provoked or brought about by the conduct of the prosecuting witness, the witness may be ruled for contempt of court and sentenced as provided by law."
Section 4. This Act shall become effective July 1, 1986, and shall apply to proceed ings initiated on or after said effective date.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, MARCH 3, 1986

2073

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 YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong
Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks
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 YDavis
Dean Y Dixon YDobbs 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 Manner
Y Harris Y Hasty Y Hays

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 YKilgore Y Kingston YLane.D YLane.R Y Lawler
Lawrence Y Lawson YLee.C YLee,W Y Under YLogan YLong
YLord Lucas
Y Lupton Y Maddox Y Mangum Y Martin.C Y Martini Y Matthews
McDonald

Y McKelvey Y McKinney Y Milam
Y Milford Y Moody Y Moore YMorton Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Padgett Y Pannell
YParham YParrish
Patten Peters Y Pettit Y Phillips Y Pinkston Y Porter
Y Rainey Ramsey.T
Y Ramsey.V Randall Ransom
YRay Y Reaves Y Redding Y Richardson
Robinson.C Y Robinson,?
YRoss Y Royal Y Russell
YSelman

Y Shepard Y Sherrod Y Sinkfleld Y Sizemore Y Smith,L
Smith.P Y Smith,T YSmyre YSnow 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 Y Ware
Watson
Y Watts White
Y Wilder Y Williams,B Y Williams,J Y Williams,R Y Wilson
YWood Y Workman Y Yeargin
Young Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 267. By Senators Howard of the 42nd, Fincher of the 54th, and Kidd of the 25th:
A bill to amend Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of pharmacists, so as to provide for license expiration and renewal and to require pharmacists to obtain continuing pharmaceutical education as a condition for renewing their pharmacist license; to provide for approved correspondence courses.

The following Committee substitute was read:

A BILL
To amend Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of pharmacists, so as to provide for license expiration and renewal and to require pharmacists to obtain continuing pharmaceutical education as a condition for renewing their pharmacist license; to provide for approved correspondence courses; to repeal certain provisions relating to continued education certificates; to provide for inactive status licenses; to provide that persons granted inactive status shall be exempt

2074

JOURNAL OF THE HOUSE,

from continuing pharmaceutical education requirements; to change the expiration period for pharmacy intern licenses; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of pharmacists, is amended by striking subsection (b) of Code Section 26-4-76, relating to biennial registration of pharmacists and continuing education for pharmacists, and inserting in lieu thereof a new subsection (b) to read as follows:
\u) i ne Doaru snail establish a program tor tne certification of pnarmaci3t3 wno elect te participate in prescribed courses of continuing education and who meet the minimum qualifications for such certification established by the board. Ne renewal certificate ef continuing education certification shall be issued All licenses issued under this part shall be valid for up to two years and shall be renewable biennially. The board shall establish a program of continuing professional pharmaceutical education for the renewal of pharmacist licenses. Notwithstanding any other provision of this part, no pharmacist license shall be renewed by the board or the joint-secretary until the appli cant pharmacist submits to the board satisfactory proof of his participation, during the calendar year biennium preceding the year ef his application for renewal, in not tess more than the required minimum number ef 30 hours of approved programs of continu ing professional pharmaceutical education, as defined in this Code section. Continuing professional pharmaceutical education shall consist of educational programs providing training pertinent to the practice of pharmacy and approved by the board under this Code section. The board shall approve educational programs for persons practicing phar macy in this state on a reasonable nondiscriminatory fee basis and may contract with institutions of higher learning, professional organizations, or qualified individuals for the providing of approved programs. In addition to such programs, the board shall allow the continuing professional pharmaceutical education requirement to be fulfilled by the completion of approved correspondence courses which provide the required hours of approved programs of continuing professional pharmaceutical education or to be fulfilled by a combination of approved correspondence courses and other educational programs. The board may, consistent with the requirements of this Code section, promulgate rules and regulations to implement and administer this Code section, including the establish ment of a committee to prescribe standards, approve and contract for educational pro grams, and set the required minimum number of hours per year."
Section 2. Said part is further amended by striking subsection (c) of said Code Section 26-4-76 and inserting in lieu thereof a new subsection (c) to read as follows:
remain unpaid as ef- the penalty date established by the joint-secretary, the helder thereof may be reinstated as a continued education certified registered pharmacist only upon trie p&yment ot st penflity ice ttt sn Btmoutit estsDiisned oy uic Doftrct snd mi iip9Cd fees and upon proof ef compliance with this Code section and aB ether provisions ef this cnspteFj wnicn proof snsll we sfltisisctory to the oosrd. Actusl retirement trowir trie pro*es91on oy ftny reistered pnftrmflcist lor ft period not exceeding live yeflrs sno.il not

sional pharmaceutical education for each calendar year ef retirement, and upon pteef ef compliance with this chapter. The board shall by regulation provide for an inactive status license for those individuals who elect to apply for such status. Persons who are granted inactive status shall be exempt from the requirements of continuing pharma ceutical education."
Section 3. Said part is further amended by striking Code Section 26-4-77, relating to pharmacy interns, and inserting in lieu thereof a new Code section to read as follows:
"26-4-77. Any student in, or who has been accepted for admission to, any generally recognized school or college of pharmacy, and who has completed the prepharmacy

MONDAY, MARCH 3, 1986

2075

requirements, may register with the board and may be licensed as a pharmacy intern. Licenses issued under this Code section shall bear the date thereof and shall be valid for up to two five years. Licenses which shall expire by lapse of time may be renewed upon application, unless at the time of expiration there shall be pending before the board proceedings to suspend or revoke such license. A pharmacy intern may compound, mix, or dispense drugs and medicines or poisons only under the immediate supervision of a pharmacist."
Section 4. Sections 1 and 2 of this Act shall become effective January 1, 1987, but the remaining sections of this Act shall become effective upon the approval of this Act by the Governor or upon this Act's becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Twiggs of the 4th and Moody of the 153rd move to amend the committee substitute to SB 267 by adding on line 11 of page 1 after the following:
"requirements;",
the following:
"to provide exceptions;".
By redesignating Sections 3, 4, and 5 as Sections 4, 5, and 6, respectively.
By adding on line 7 of page 2 after the word "part" the following:
"except subsection (d) of this Code section".
By adding between line 30 and line 31 of page 3 the following:
"Section 3. Said part is further amended by adding at the end of Code Section 26-4-76 a new subsection (d) to read as follows:
'(d) The requirement to obtain 30 hours of approved programs of continuing pro fessional pharmaceutical education prior to renewing his pharmacist license shall not apply to any person who was a licensed pharmacist under this part on January 1, 1986, and no such person shall be required to submit proof of participation in such programs in order to renew his license. Nothing in this subsection shall prohibit any such person from voluntarily participating in such programs.'"

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
YAdams,M YAiken YAlford Y Alien Y Anderson Y Argo YAthon
Y Atkins Y Auten Y Bailey Y Balkcom

Bannister Y Bargeron
Y Barnett,B Barnett.M
YBeck Y Benefield
Benn Birdsong Bishop
Y 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 Y Clark.L

Y Co[bert Y Coleman
*Colwell Y Connell Y Cooper Y Copelan Y Couch Y Cox Y Crawford
^ Crosby Y Cummmgs
Daugherty Y DaTM

Dean > i"xn
v nnvpr vn Y Edwards v Fit ' 'TM V Floyd Y Foster
v Godbee * r TMT* Y Cr^ne Y Oreene

2076

JOURNAL OF THE HOUSE,

Y Greer Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb
Holmes Y Hooks YHorne
Y Hudson Y Isakson
Jackson,J Y Jackson,N Y Jamieson Y Johnson.D Y Johnson.F Y Johnson.R Y Johnson,S Y Kilgore

Y Kingston Y Lane,D Y Lane.R Y Lawler
Lawrence
Lawson YLee,C YLee.W
Linder YLogan
Long YLord
Lucas Y Lupton Y Maddox Y Mangum
Martin,C Y Martin,J Y Matthews Y McDonald Y McKelvey
McKinney Y Milam

Milford Y Moody Y Moore YMorton Y Mostiler Y Moultrie N 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
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 YSnow Y Stancil Y Steinberg
Thomas.C Y Thomas,M

Thompson Y Townsend Y Triplet! Y 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 Y Wilson YWood Y Workman Y Yeargin
Young
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 147, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration:

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 following amendment was read and adopted:

Representative Dover of the llth moves to amend SB 438 by striking from lines 22 through 26 of page 1 the following:
"(1) School food service managers or employees who work less than 60 percent of the time necessary to carry out the normal duties of the position shall not qualify for sick leave under this article;",
and inserting in lieu thereof the following:
"(1) School food service managers and employees who are eligible for membership in the Public School Employees Retirement System shall qualify for sick leave under this article;".

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 Y Alien Y Anderson YArgo

Y Athon
Y Atkins N Auten Y Bailey

Y Balkcom Y Bannister Y Bargeron Y Barnett,B

Barnett.M YBeck Y Benefield YBenn

MONDAY, MARCH 3, 1986

2077

Y Birdsong Bishop
Y Bolster Y Bostick Y Branch YBray Y Brooks
Y Brown.G YBuck N Burruss YByrd Y Carter
Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B
Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings
Daugherty N Davis

Y Dean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer
God bee Y Goodwin Y Greene Y Greer N Groover Y Hamilton
Manner Y Harris Y Hasty YHays Y Heard
Hill 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 Y Kilgore N Kingston Y Lane.D Y Lane.R Y Lawler
Lawrence Y Lawson Y Lee.C Y Lee.W N Linder
Y Logan Long Lord Lucas
Y Lupton Y Maddox Y Mangum
Martin.C Y Martin,J Y Matthews
N McDonald Y McKelvey Y McKinney
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
Randall Y Ransom YRay N 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

Y Smith.L Y Smith.P Y Smith.T Y Smyre YSnow Y Stancil
Y Steinberg Y Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall
Ware Watson Y Watts White Y Wilder Y Williams.B
Y Williams,J Williams.R
Y Wilson Y Wood Y Workman Y Yeargin
Young Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 147, nays 9.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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

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

HB 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.

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.

The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution of the House:

HR 662. By Representatives Martin of the 60th, Lee of the 72nd, Wood of the 9th, Russell of the 64th, Barnett of the 59th and others:
A resolution proposing an amendment to the Constitution so as to provide that no public authority which is authorized to construct, improve, or main tain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall

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be created by any local Act or pursuant to any general Act nor shall any law specifically relating to any such authority be amended.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

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 Senate insists on its substitute to the following Bill of the House:

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.

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 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.

Representative Selman of the 32nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 1352 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 Bray of the 91st, Thomas of the 69th and Selman of the 32nd.

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate substitutes thereto:

HR 662. By Representatives Martin of the 60th, Lee of the 72nd, Wood of the 9th, Russell of the 64th, Barnett of the 59th and others:

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2079

A resolution proposing an amendment to the Constitution so as to provide that no public authority which is authorized to construct, improve, or main tain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relating to any such authority be amended.

The following Senate substitute was read:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that no municipal or county authority the primary purpose of which is to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relating to any such authority be amended unless the creation of such authority or the amendment of such law is condi tioned upon the approval of a majority of the qualified voters of the county or municipal corporation affected voting in a referendum thereon; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article III, Section VI, Paragraph V of the Constitution is amended by adding at the end thereof a new subparagraph (e) to read as follows:
"(e) No municipal or county authority the primary purpose of which is to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relating to any such authority be amended unless the creation of such authority or the amendment of such law is conditioned upon the approval of a majority of the qualified voters of the county or municipal corporation affected voting in a referendum thereon. This subparagraph shall not apply to or affect any state authority."

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 no municipal or county authority the primary purpose of which is to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relating to any such authority be amended unless the creation of such authority or the amendment of such law is conditioned upon the approval of a majority of the qualified voters of the county or municipal corporation affected voting in a referendum thereon?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Representative Martin of the 60th moved that the House disagree to the Senate sub stitute to HR 662.

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The motion prevailed.

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 Senate substitute was read:

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 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 hospital administrator shall at the time of death of such patient, request that certain persons consent to such gift; to provide for procedures; to provide for priorities of persons to whom such request shall be made; to provide for circumstances where such request shall not be made; to provide for certificates of request for an anatomical gift; to provide for certain duties and authority of the commissioner of human resources; to provide for certain examinations; to provide for rights of certain donees; to provide for similar gifts of minors; to provide for rules and regulations; to pro vide for related matters; to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to make it unlawful for any person, firm, or corporation to buy or sell, to offer to buy or sell, or to assist another in buying or selling or offering to buy or sell a human body or a part of a human body; to provide exceptions; to provide a punishment; 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 6 of Chapter 5 of Title 44 of the Official Code of Georgia Anno tated, relating to anatomical gifts, is amended by adding a new paragraph immediately following paragraph (4) of Code Section 44-5-142, relating to definitions regarding anatom ical gifts, to be designated paragraph (4.1) to read as follows:
"(4.1) 'Hospital administrator' means the person in charge of a hospital or such person's designated representative or a person connected with the determination of death of a decedent."
Section 2. Said article is further amended by adding at the end thereof two new Code sections, to be designated Code Sections 44-5-149 and 44-5-150, to read as follows:
"44-5-149. (a) 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 hospital administrator shall at the time of death of such patient, request in the manner provided for in subsection (b) of this Code section, any of the persons enumerated in subsection (b) of this Code section in the order of priority of such enumeration, to con sent to the gift of all or any part of the decedent's body for any purpose specified in Code Section 44-5-144.
(b) When persons in prior classes are not available at the time of death and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class, 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;

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(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) If the hospital administrator has actual notice of opposition from a suitable candidate or if there is otherwise reason to believe that an anatomical gift is contrary to the decedent's religious beliefs, such gift of all or any part of the decedent's body shall not be requested. Where a donation is requested, consent or refusal need only be obtained from the person or persons in the highest priority class available. (d) Where a donation is requested, the hospital administrator shall complete a certif icate of request for an anatomical gift on a form supplied by the commissioner of human resources. The certificate shall include a statement to the effect that a request for con sent to an anatomical gift had been made and shall indicate whether consent was granted, the name of the person granting or refusing the consent, and such person's rela tionship to the decedent. The completed certificate of request for an anatomical gift shall be attached to or be a part of the death certificate. (e) The commissioner of human resources shall establish regulations concerning the training of hospital employees who may be designated to perform the request and the procedure to be employed in making the request. The commissioner of human resources shall establish such additional regulations as are necessary for the implementation of appropriate hospital procedures to facilitate the delivery of donations from receiving hospitals to potential recipients. (f) A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended. (g) 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. (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 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. 44-5-150. (a) When a minor 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 hospital administrator shall at the time of death of such minor patient, request in the manner provided for in subsection (b) of this Code section, any of the persons enumer ated in subsection (b) of this Code section in the order of priority of such enumeration, to consent to the gift of all or any part of the minor decedent's body for any purpose specified in Code Section 44-5-144. (b) When persons in prior classes are not available at the time of death and in the absence of actual notice of contrary indications by the minor decedent or actual notice of opposition by a member of the same or a prior class, any of the following persons, in order of priority stated, may give all or any part of the minor decedent's body for any purpose specified in Code Section 44-5-144: (1) The spouse, if any;
(2) Both parents;
(3) If the parents are divorced or legally separated, the custodial parent;
(4) In the absence of a 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 under obligation to dispose of the body.
(c) If the hospital administrator has actual notice of opposition from a suitable candidate or if there is otherwise reason to believe that an anatomical gift is contrary to the minor decedent's religious beliefs, such gift of all or any part of the decedent's

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body shall not be requested. Where a donation is requested, consent or refusal need only be obtained from the person or persons in the highest priority class available.
(d) Where a donation is requested, the hospital administrator shall complete a certif icate of request for an anatomical gift on a form supplied by the commissioner of human resources. The certificate shall include a statement to the effect that a request for con sent to an anatomical gift had been made and shall indicate whether consent was granted, the name of the person granting or refusing the consent, and such person's rela tionship to the minor decedent. The completed certificate of request for an anatomical gift shall be attached to or be a part of the death certificate.
(e) The commissioner of human resources shall establish regulations concerning the training of hospital employees who may be designated to perform the request and the procedure to be employed in making the request. The commissioner of human resources shall establish such additional regulations as are necessary for the implementation of appropriate hospital procedures to facilitate the delivery of donations from receiving hospitals to potential recipients.
(f) A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended.
(g) 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.
(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 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. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by adding at the end thereof a new Article 6 to read as follows:
"ARTICLE 6
16-12-160. (a) It shall be unlawful, except as provided in subsection (b) of this Code section, for any person, firm, or corporation to buy or sell, to offer to buy or sell, or to assist another in buying or selling or offering to buy or sell a human body or any part of a human body.
(b) The prohibition contained in subsection (a) of this Code section shall not apply to:
(1) The purchase or sale of whole blood, blood plasma, blood products, blood derivatives, other self-replicating body fluids, or hair;
(2) A gift or donation of a human body or any part of a human body or any proce dure connected therewith as provided in Article 6 of Chapter 5 of Title 44;
(3) The reimbursement of actual expenses, including medical costs, lost income, and travel expenses, incurred by a living person in giving or donating a part of his body;
(4) The payment of financial assistance under a plan of insurance or other health care coverage;
(5) The purchase or sale of human tissue, organs, or other parts of the human body for health sciences education; or
(6) The payment of reasonable costs associated with the removal, storage, or trans portation of a human body or any part of a human body given or donated for medical or scientific purposes. (c) Any person, firm, or corporation convicted of violating subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not exceeding $5,000.00 or by imprisonment for not less than one year nor more than five years, or both."

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Section 4. This Act shall become effective July 1, 1987. Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Athon of the 57th moved that the House disagree to the Senate substi tute to HB 1334.
The motion prevailed.

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 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.

The following Senate substitute was read:

A BILL
To provide for the right of jury trials in certain probate courts of counties having a population of more than 100,000 persons according to the United States decennial census of 1980 or any future such census; to provide for comprehensive changes in appellate procedures in probate courts and in certain courts trying traffic offenses; to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to provide for appellate review procedures for cases appealed from the probate court; to provide that such appeals shall be confined to the record in certain cases; to provide for additions to the records of the proceedings; to provide decision-making standards for the superior courts; to preserve de novo appeals from the magistrate courts; to provide that certiorari shall not lie to superior court from certain probate courts; to provide for the grant of new trials by certain probate courts; to allow appeals to the Court of Appeals or Supreme Court; to require an application for appeal in certain cases originating in the probate courts; to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide when jury trials shall be held in certain probate courts; to provide for demands for a trial by jury; to provide for the transfer of certain cases in which a demand for trial by jury is made; to allow jury trials of civil matters in probate courts of counties having more than 100,000 persons according to the United States decen nial census of 1980 or any future such census in which the judge thereof has been admit ted to the practice of law for at least seven years; to provide for practice, pleading, rules, and procedure; to amend Code Section 19-3-40 of the Official Code of Georgia Annotated, relating to prerequisite blood tests before marriage, so as to preserve the summary appel late procedure from certain probate courts concerning a denial of a marriage license because of certain blood tests results; to amend Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to municipal elections and primaries, so as to preserve de novo appeals from certain decisions of municipal governing authorities; to amend Code Section 24-8-21 of the Official Code of Georgia Annotated, relating to summary establish ment in the probate court of lost or destroyed evidence of indebtedness, so as to retain the special statutory appellate procedure from certain probate courts concerning the estab lishment of certain lost documents; to amend Code Section 29-5-11 of the Official Code of Georgia Annotated, relating to appeals from final orders of the probate court concerning guardians of incapacitated adults, so as to establish appellate procedure in such cases; to amend Code Section 31-20-3 of the Official Code of Georgia Annotated, relating to the sterilization of mentally incompetent persons, so as to establish appellate procedure in such cases; to amend Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to inspection and modification of criminal records; so as to preserve de novo appeals from agency refusals to modify certain criminal records; to amend Title 37 of the

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Official Code of Georgia Annotated, relating to mental health, so as to provide appellate procedure for cases originating in probate courts; to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals for traffic offenses, so as to provide that appeals shall be on the record of the hearing below and not by de novo jury trial; to provide for appeals from probate courts to be confined to the record in certain cases; to amend Code Section 44-9-59 of the Official Code of Georgia Annotated, relating to procedures for the removal of obstructions to a private way, so as to provide for appellate review of decisions of the probate court; to amend Code Section 48-2-59 of the Official Code of Georgia Annotated, relating to appeals from rulings of the state revenue commissioner, so as to preserve de novo appeals to superior court; to amend Article 8 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relat ing to personal representatives to manage public assistance payments, so as to provide for appeals from decisions of the probate court; to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and the administration of estates, so as to pro vide for appeals from decisions of the probate courts; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, is amended by striking in its entirety Code Section 5-3-2, relating to the right of appeal from probate courts, which reads as follows:
"5-3-2. An appeal shall lie to the superior court from any decision made by the pro bate court, except an order appointing a temporary administrator.", and inserting in its place a new Code Section 5-3-2 to read as follows:
"5-3-2. (a) (1) Except as provided in paragraphs (2) and (3) of this subsection, an appeal shall lie to the superior court from any decision made by the probate court.
(2) No appeal shall lie from any probate court from an order appointing a tempo rary administrator.
(3) No appeal from the probate court to the superior court shall lie from any civil case in a probate court which is provided for by Article 6 of Chapter 9 of Title 15. (b) No objection to any order or decision of the probate court shall be considered by the superior court upon appeal unless the objection has been urged before the pro bate court. (c) Within 30 days after the filing of the notice of appeal or within further time allowed by the superior court, the probate court shall transmit to the superior court the original or a certified copy of the entire record of the proceeding under review. By stipu lation of all parties to the appeal, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the superior court for the addi tional costs. The superior court may require or permit subsequent corrections or addi tions to the record. (d) If, before the date set for hearing, application is made to the superior court for leave to present additional evidence and it is shown to the satisfaction of the court that the additional evidence is material and there were good reasons for failure to present it in the proceedings before the probate court, the superior court may order that the additional evidence be taken before the probate court upon conditions determined by the superior court. The probate court may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new find ings, or decisions with the superior court. (e) The review shall be conducted by the superior court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the probate court, not shown in the record, proof thereon may be taken in the superior court. The superior court, upon request, shall hear oral argument and receive written briefs. (f) The superior court shall not substitute its judgment for that of the probate court as to the weight of the evidence on questions of fact. The superior court may affirm the decision of the probate court or remand the case for further proceedings. The superior court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions are:

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(1) In violation of constitutional or statutory provisions; (2) In excess of the jurisdiction of the probate court; (3) Made upon unlawful procedure; (4) Affected by other error of law; (5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwar ranted exercise of discretion."
Section 2. Said title is further amended by striking in its entirety Code Section 5-3-29, relating to appeals as de novo investigations, and inserting in its place a new Code Section 5-3-29 to read as follows:
"5-3-29. An appeal to the superior court from a magistrate court or probate court, and in any other case where not otherwise provided by law; is a de novo investigation. It brings up the whole record from the court below; and all competent evidence shall be admissible on the trial thereof, whether adduced on a former trial or not. Either party is entitled to be heard on the whole merits of the case."
Section 3. Said title is further amended by striking in its entirety Code Section 5-4-1, relating to when certiorari shall lie, and inserting in its place a new Code Section 5-4-1 to read as follows:
"5-4-1. (a) The writ of certiorari shall lie for the correction of errors committed by any inferior judicatory or any person exercising judicial powers, including the judge of the probate court, except in cases touching the probate of wills, granting letters testa mentary, and of administration.
(b) Notwithstanding subsection (a) of this Code section, the writ of certiorari shall not lie in civil cases in the probate courts which are provided for by Article 6 of Chapter 9 of Title 15."
Section 4. Said title is further amended by striking in its entirety Code Section 5-5-1, relating to the power of certain courts to grant new trials, and inserting in its place a new Code Section 5-5-1 to read as follows:
"5-5-1. (a) The superior, state, and city courts shall have power to correct errors and grant new trials in cases or collateral issues in any of the respective courts in such manner and under such rules as they may establish according to law and the usages and customs of courts.
(b) Probate courts shall have power to correct errors and grant new trials in civil cases provided for by Article 6 of Chapter 9 of Title 15 under such rules and procedures as apply to the superior courts."
Section 5. Said title is further amended by designating the existing language of sub section (a) of Code Section 5-6-33, relating to the right of appeal generally, as paragraph (1) and by adding a new paragraph, to be designated paragraph (2), so that when so amended, subsection (a) shall read as follows:
"(a) (1) Either party in any civil case and the defendant in any criminal proceeding in the superior, state, or city courts, may appeal from any sentence, judgment, deci sion, or decree of the court, or of the judge thereof in any matter heard at chambers.
(2) Either party in any civil case in the probate courts provided for by Article 6 of Chapter 9 of Title 15 may appeal from any judgment, decision, or decree of the court, or of the judge thereof in any matter heard at chambers."
Section 6. Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 5-6-35, relating to appellate procedures in cases in which an application for appeal is required, and inserting in its place a new paragraph (1) to read as follows:
"(1) Appeals from decisions of the superior courts reviewing decisions of the State Board of Workers' Compensation, the State Board of Education, auditors, state and local administrative agencies, probate courts, and lower courts by certiorari or de novo proceedings; provided, however, that this provision shall not apply to decisions of the

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Public Service Commission and probate courts and to cases involving ad valorem taxes and condemnations;".
Section 7. Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by adding at the end of Article 4 of said chapter a new Code section, to be designated Code Section 15-9-90, to read as follows:
"15-9-90. (a) Except as provided in Article 6 of this chapter, there shall be no jury trials in the probate court.
(b) For all civil proceedings in the court, unless a party demands in writing a trial by jury in the party's first required pleading or at the party's first appearance in the probate court, whichever is applicable, the party's right to a trial by jury on the issues raised shall be deemed waived.
(c) If a party demands a trial by jury, the case shall be transferred to the superior court of the county. After it is transferred, the case shall be governed so far as can be applied by the rules and procedures applicable generally to other cases in the superior courts.
(d) The probate court shall be allowed to collect such costs as have accrued in the case up to its transfer but shall transmit any amounts remaining after such collection to the clerk of the superior court."
Section 8. Said chapter is further amended by adding at the end thereof a new arti cle, to be designated Article 6, to read as follows:
"ARTICLE 6
15-9-120. As used in this article, the term: (1) 'Civil case' means those civil matters: (A) Over which the judge of the probate court exercises judicial powers; (B) Within the original, exclusive, or general subject matter jurisdiction of the probate court; and (C) Which, if not for this article and Code Section 5-6-33, could be appealed to superior court under Code Sections 5-3-2 and 5-3-29. (2) 'Probate court' means a probate court of a county having a population of more
than 100,000 persons according to the United States decennial census of 1980 or any future such census in which the judge thereof has been admitted to the practice of law for at least seven years. 15-9-121. (a) A party to a civil case in the probate court shall have the right to a jury trial if such right is asserted by a written demand for jury trial with the first plead ing of the party or at the party's first appearance in the probate court, whichever is applicable. If a party fails to assert the right to a jury trial, the right shall be deemed waived and may not thereafter be asserted. (b) Notwithstanding other laws, for any civil case in which a jury trial is demanded, the determination of issues of fact shall not be made by the probate judge but shall be for the jury as in cases in the superior courts. (c) If a jury could not be demanded in superior court from a case in a probate court not meeting the definition provided in paragraph (2) of Code Section 15-9-120, the right to a jury trial shall not be available in a probate court which meets such definition. 15-9-122. Unless provided to the contrary by Code Section 9-11-81, the general laws and rules of practice, pleading, procedure, and evidence which are applicable to the superior courts of this state shall be applicable to and govern in civil cases in the pro bate courts. 15-9-123. (a) Either party to a civil case in the probate court shall have the right of appeal to the Supreme Court or the Court of Appeals, as provided by Chapter 6 of Title 5. (b) The general laws and rules of appellate practice and procedure which are appli cable to cases appealed from the superior courts of this state shall be applicable to and govern appeals of civil cases from the probate courts. 15-9-124. The general laws and rules applicable to the execution and enforcement of judgments in the superior courts of this state shall be applicable to and govern civil cases in the probate courts.

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15-9-125. All laws with reference to the number, composition, qualifications, impan eling, challenging, and compensation of jurors in superior courts shall apply to and be observed by the probate courts in civil cases.
15-9-126. For services rendered in jury trials and in appeals to the Supreme Court or Court of Appeals, if a fee is not prescribed by Code Section 15-9-60, the judge of the probate court shall be entitled to the same fee as that of the clerk of the superior court provided in Code Section 15-6-77 for similar services in superior court."
Section 9. Code Section 19-3-40 of the Official Code of Georgia Annotated, relating to prerequisite blood tests before marriage, is amended by striking in its entirety subsec tion (f) and inserting in its place a new subsection (f) to read as follows:
"(f) When Notwithstanding the procedure provided in Code Section 5-3-2, when an applicant has been refused a license to marry by reason of paragraph (1) of subsection (b) of this Code section, the applicant shall have the right to appeal to the superior court in the county wherein the applicant resides within 60 days after the refusal. The superior court judge is empowered to hear an applicant's appeal in a summary way at any place in his judicial circuit without the intervention of a jury. The aggrieved party shall submit to the court the laboratory examination reports that are material to the hearing of the appeal. If, after hearing expert medical testimony, in the opinion of the court the applicant is free of syphilis or is not in a stage of the disease which may become communicable, the court shall order the licensing authority to issue a license to the person to marry, provided all other requirements of the law regulating the issuance of marriage licenses are complied with. A certified copy of the court's order shall be filed with the licensing authority issuing the license to marry and shall be accepted in lieu of any and all other certificates required under this Code section. The right of appeal to superior court under this subsection shall not apply to appeals from probate courts which are provided for by Article 6 of Chapter 9 of Title 15."
Section 10. Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to municipal elections and primaries, is amended by striking in its entirety Code Section 21-3-129, relating to appeals from decisions denying or allowing registrations, and inserting in its place a new Code Section 21-3-129 to read as follows:
"21-3-129. Any person to whom the right of registration is denied by the registration officers shall have the right to take an appeal to the superior court of the county; and any elector may enter an appeal to such court from the decision of the registration offi cers allowing any person to register. All appeals must be filed in writing with the chief registrar within ten days from the date of the decision complained of and shall be returned by the chief registrar to the office of the clerk of such court to be tried, de novo, as are appeals from the probate magistrate court. Pending an appeal and until the final judgment of the case, the decision of the registration officer shall remain in full force."
Section 11. Said chapter is further amended by striking in its entirety Code Section 21-3-421, relating to appeals from a municipal governing authority's decision on a contest petition, and inserting in its place a new Code Section 21-3-421 to read as follows:
"21-3-421. The decision of the governing authority entered pursuant to Code Section 21-3-420 may be appealed to the superior court in the manner of appeal from a probate magistrate court, except that appeals shall be made within ten days after determination of the contest by the governing authority. The appeal of the decision of the governing authority shall be tried and determined in the county in which the city hall is located. The case shall be presided over by the judge of the superior court who has the greatest number of years of service in the judicial circuit or circuits adjoining the judicial circuit containing the municipality in which the contest is instituted. If such judge is disquali fied or unable to serve, the clerk shall immediately notify the Governor of such fact; and the Governor shall thereupon appoint a disinterested judge of the superior court who resides outside of the judicial circuit in which the contest is pending, or a senior judge of the superior court to serve in the place of such judge. Such judge or senior judge shall promptly begin presiding over such proceedings in such court and shall determine the

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same as soon as practicable. He shall be reimbursed for his actual expenses for food and lodging, and he shall receive the same mileage allowance as other state officials and employees."
Section 12. Code Section 24-8-21 of the Official Code of Georgia Annotated, relating to summary establishment in the probate court of lost or destroyed evidence of indebted ness, is amended by striking in its entirety subsection (e) and inserting in its place a new subsection (e) to read as follows:
"(e) tf Notwithstanding the procedures provided in Code Section 5-3-2, if either party to the proceedings provided for in this Code section is dissatisfied, he may appeal upon giving the usual bond and security for costs, as in cases of appeal from the probate magistrate court to the superior court. The appeal shall be tried in the superior court from all the pleadings and proceedings as were before the judge of the probate court. In the superior court the case shall be tried and determined as provided in Code Sec tions 24-8-24 through 24-8-27. The right of appeal to superior court under this subsec tion shall not apply to appeals from probate courts which are provided for by Article 6 of Chapter 9 of Title 15."
Section 13. Code Section 29-5-11 of the Official Code of Georgia Annotated, relating to appeals from final orders of the probate court concerning guardians of incapacitated adults, is amended by striking in its entirety subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) The Except as provided in Article 6 of Chapter 9 of Title l^ the ward, indi vidually or by his attorney, his representatives, or his guardian ad litem, or the peti tioner may appeal from any final order of the probate court to the superior court in the county in which the proceedings were held. The appeal shall be in the same manner as other appeals from the probate court to the superior court but shall be heard as expeditiously as possible. The appeal shaH be d* novo unless the parties by agreement specifi cally limit the issues. The ward shall retain his right to counsel or to have counsel appointed for him. The burden of proof shall be upon the petitioner and the standard used by the court in reaching its decision shall be clear and convincing evidence."
Section 14. Code Section 31-20-3 of the Official Code of Georgia Annotated, relating to the sterilization of mentally incompetent persons, is amended by striking in its entirety paragraph (6) of subsection (c) and inserting in its place a new paragraph (6) to read as follows:
"(6) A- Except as provided in Article 6 of Chapter 9 of Title 15, an appeal to the superior court may be had by the applicant or person alleged to be subject to this Code section or by any other interested party on such judgment in the probate court as pro vided in other cases by the laws of this state. T-he proceedings before the superior court
9lltll Constitute ft tflfll Q6 I10VO SI1Q upon flppllCfltlOn Or eitllGJ" pflFty Stlftll DC flCftTfl
before a jury. If the person alleged to be subject to this Code section requests that the trial appeal proceedings be closed to the public, the judge shall close the trial appeal proceedings to the public unless an overriding or compelling reason can be shown as to why such trial appeal should not be closed to the public. The ruling by the judge whether to open the trial appeal to the public or not shall be in writing. Any decision of the superior court in such cases may be appealed to the higher courts of this state as in other civil cases. The cost of appeal, if any, to the superior and higher courts shall be taxed as in other civil cases. The pendency of any appeal shall stay the proceedings in the probate court until the appeal is finally determined. Affidavits in forma pauperis regarding court costs and costs of appeal may be filed as in other cases made and pro vided by the laws of this state; and".
Section 15. Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to inspection and modification of criminal records, is amended by striking in its entirety subsection (c) and inserting in its place a new subsection to read as follows:
"(c) If an individual believes his criminal records to be inaccurate or incomplete, he may request the original agency having custody or control of the detail records to purge, modify, or supplement them and to notify the center of such changes. Should the agency

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decline to act or should the individual believe the agency's decision to be unsatisfactory, the individual or his attorney may, within 30 days of such decision, enter an appeal to the superior court of the county of his residence or to the court in the county where the agency exists, with notice to the agency, to acquire an order by the court that the subject information be expunged, modified, or supplemented by the agency of record. The court shall conduct a de novo hearing and may order such relief as it finds to be required by law. Such appeals shall be entered in the same manner as appeals are entered from the probate magistrate court, except that the appellant shall not be required to post bond or pay the costs in advance. If the aggrieved person desires, the appeal may be heard by the judge at the first term or in chambers. A notice sent by registered or certified mail shall be sufficient service on the agency having custody or control of disputed record that such appeal has been entered. Should the record in ques tion be found to be inaccurate, incomplete, or misleading, the court shall order it to be appropriately expunged, modified, or supplemented by an explanatory notation. Each agency or individual in the state with custody, possession, or control of any such record shall promptly cause each and every copy thereof in his custody, possession, or control to be altered in accordance with the court's order. Notification of each such deletion, amendment, and supplementary notation shall be promptly disseminated to any indi viduals or agencies, including the center, to which the records in question have been communicated, as well as to the individual whose records have been ordered so altered."
Section 16. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking in its entirety Code Section 37-3-150, relating to the rights of mentally ill patients to appeal orders, and inserting in its place a new Code Section 37-3-150 to read as follows:
"37-3-150. The patient, his representatives, or his attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was heldj except as otherwise pro vided in Article 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shaH fee made in the same manner as Qppesls fpoiw the prooftte court to the superior court, except tnflt the &ppe8i shtii De heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as provided by law but shall be heard as expeditiously as pos sible. The patient must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he is unable to pay costs. The patient shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court as provided by law. The patient shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for him by the court."
Section 17. Said title is further amended by striking in its entirety Code Section 37-4-110, relating to the rights of certain mentally retarded persons to appeal orders, and inserting in its place a new Code Section 37-4-110 to read as follows:
"37-4-110. The client, his representatives, or his attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was heldj except as otherwise pro vided in Article 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be made in the same manner as flppcsrs iponft trie proDflte court to the superior court, except tiiflt the Qppcui sriflii DC heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as provided by law but shall be heard as expeditiously as pos sible. The client must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he is unable to pay costs. The client shall retain

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all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court as provided by law. The client shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for him by the court."
Section 18. Said title is further amended by striking in its entirety Code Section 37-7-150, relating to the rights of alcoholic or drug abusing patients to appeal orders, and inserting in its place a new Code Section 37-7-150 to read as follows:
"37-7-150. The patient, his representatives, or his attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held2 except as otherwise pro vided in Article 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be made m the same manner as
heard before the court sitting without a pay as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as provided by law but shall be heard as expeditiously as pos sible. The patient must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he is unable to pay costs. The patient shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court, as provided by law. The patient shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for him by the court."
Section 19. Said title is further amended by striking in its entirety subsection (j) of Code Section 37-8-34, relating to the involuntary commitment of alcoholics, and inserting in its place a new subsection (j) to read as follows:
"(j) The court shall inform the person whose commitment or recommitment is sought of his right to contest the application, appeal to the superior court, be represented by counsel at every stage of any proceedings relating to his commitment and recommitment, and have counsel appointed by the court or provided by the court if he wants the assistance of counsel and is unable to obtain counsel. If the court believes that the person needs the assistance of counsel, the court shall require counsel for him, by appointment if necessary, regardless of his wishes. The person whose commitment or recommitment is sought shall be informed of his right to be examined by a licensed physician of his choice. If the person is unable to obtain a licensed physician and requests examination by a physician, the court shall employ a licensed physician."
Section 20. Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Anno tated, relating to arrests, trials, and appeals for traffic offenses, is amended by striking in its entirety Code Section 40-13-28, relating to appeals to superior court, and inserting in its place a new Code Section 40-13-28 to read as follows:
"40-13-28. (a) Any defendant convicted under this article shall have the right of appeal to the superior court. The provisions of Code Sections 5-3-29 and 5-3-30 shall not apply to appeals under this Code section. Otherwise, the appeal shall be entered as appeals are entered from the probate magistrate court to the superior court, provided that the defendant shall be entitled to bail and shall be released from custody upon giving the bond as is provided for appearances in criminal cases in the courts of this state. Such bond shall have the same conditions as appearance bonds in criminal cases. T-he hearing The appeal to the superior court shall not be a de novo investigation and aH proceedings shall be as provided by law before a jury but shall be on the record of the hearing as certified by the judge of that court who presided at the hearing below. This subsection shall not apply to appeals from the probate courts.
(b) For cases originating in the probate court, if the defendant has waived in writing his right to trial by jury, appeals to the superior court shall proceed as provided by Code Section 5-3-2. The defendant shall be entitled to bail and shall be released from custody upon giving the bond as is provided for appearances in criminal cases in the courts of this state. Such bond shall have the same conditions as appearance bonds m criminal cases."

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Section 21. Code Section 44-9-59 of the Official Code of Georgia Annotated, relating to procedures for the removal of obstructions to a private way, is amended by striking in its entirety subsection (b) and inserting in its place a new subsection (b) to read as follows:
"(b) Either Except as otherwise provided in Article 6 of Chapter 9 of Title 15, either party who is dissatisfied with the judgment of the judge of the probate court pursuant to subsection (a) of this Code section may appeal to the superior court as a matter of right."
Section 22. Code Section 48-2-59 of the Official Code of Georgia Annotated, relating to appeals from rulings of the state revenue commissioner, is amended by striking in its entirety subsection (b) and inserting in its place a new subsection (b) to read as follows:
"(b) The appeal and necessary records shall be certified by the commissioner and shall be filed with the clerk of the superior court within 30 days from the date of deci sion by the commissioner. The procedure provided by law for applying for and granting appeals from the probate magistrate court to the superior court shall apply as far as suitable to the appeal authorized by this Code section, except that the appeal authorized by this Code section may be filed within 30 days from the date of decision by the commissioner."
Section 23. Article 8 of Chapter 4 of Title 49 of the Official Code of Georgia Anno tated, relating to personal representatives to manage public assistance payments, is amended by striking in its entirety Code Section 49-4-172, relating to appeals from orders of appointment, and inserting in its place a new Code Section 49-4-172 to read as follows:
"49-4-172. from Except as provided in Article 6 of Chapter 9 of Title 15j from the order of the court appointing or removing such personal representative, an appeal may be had to the judge of the superior court; whe shall hear th matter de novo without ft jury.
Section 24. Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and the administration of estates, is amended by striking in its entirety subsection (a) of Code Section 53-3-22, relating to the approval of certain settlement agreements, and inserting in its place a new subsection (a) to read as follows:
"(a) Any Except as otherwise provided in Article 6 of Chapter 9 of Title 15, any judge of the superior courts, on appeal, on the issue of devisavit vel non (will or no will) may approve a settlement agreement between all parties, under which probate is granted or denied, providing for a disposition of property contrary to the terms of a will. Any settlement agreement which provides for the sustaining of the caveat or the disposition of the property contrary to the terms of the will must be approved by a judge of the superior courts after a hearing, notice of which shall be given as the court may direct, at which evidence is introduced and at which the judge finds as a matter of fact that the caveat is meritorious."
Section 25. Said title is further amended by striking in its entirety Code Section 53-3-23, relating to rights of executors to recover expenses if a will is refused probate, and inserting in its place a new Code Section 53-3-23 to read as follows:
"53-3-23. Those who are named as executors in purported wills of decedents shall be entitled to recover expenses from the estate of the decedent, including reasonable attorney's fees if the services of an attorney are employed for offering wills for probate in solemn or common form, even if the will is subsequently determined not to be the valid will of the testator. However, such person shall not be entitled to recover from the estate the expenses and attorney's fees incurred in the effort to sustain the will in the event of a contest unless the person proceeds in good faith. The probate court shall determine, upon the petition of a person named as executor, the amount of expenses and the amount to be paid the attorney so employed, and its order shall be subject to appeal to th superior court as is provided in other cases."
Section 26. Said title is further amended by striking in its entirety subsection (d) of Code Section 53-5-21, relating to applications for approval of conveyances or encum brances, and inserting in its place a new subsection (d) to read as follows:

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"(d) An appeal shall lie to the superior court in the manner, under the restrictions, and with the effect provided for appeals from the judge of the probate court in other cases."
Section 27. Said title is further amended by striking in its entirety subsection (b) of Code Section 53-7-97, relating to procedures in certain actions to compel the making of title, and inserting in its place a new subsection (b) to read as follows:
"(b) When objections in writing are filed in the office of the judge of the probate court, it shall be the duty of the judge to hear evidence as to whether or not the condi tions of the bond or contract for the sale of land have been complied with by the pay ment of the purchase money and to grant an order requiring the title to be made or not, as he may think the principles of justice may require. Either party, if dissatisfied with the decision, may appeal to the superior eewt upon the same terms as appeals are granted in other cases."
Section 28. Said title is further amended by striking in its entirety Code Section 53-7-187, relating to objections and appeals in intermediate final reports, and inserting in its place a new Code Section 53-7-187 to read as follows:
"53-7-187. At or before the time fixed for hearing, any parties at interest may file objections to the fiduciary's report, actions, and accounting, in which case the hearing on the accounting shall be automatically continued until the next regular term of the probate court, when, subject to the court's power to grant continuances, the same shall be heard as other cases pending in the court, with like right of appeal to the superior court; in such case, an appeal by consent may be taken to the superior court. Such appellate procedures shall not apply to cases provided for by Article 6 of Chapter 9 of Title 15. The parties at interest who have been regularly served as provided in subsec tion (c) of Code Section 53-7-184 and who have filed no objections to the report and accounting need not be served with notice of an appeal or any other or further proceed ings, and their consent shall not be required for an appeal to the superior court."
Section 29. Said title is further amended by striking in its entirety Code Section 53-8-42, relating to appeals from orders regarding private conveyances of rights of way and easements, and inserting in its place a new Code Section 53-8-42 to read as follows:
"53-8-42. An appeal shall lie to the superior court in the manner, under the restric tions, and with the effect provided for appeals from the probate court in other cases."
Section 30. Said title is further amended by striking in its entirety Code Section 53-9-26, relating to the final return of conservators on the reappearance of a missing person, and inserting in its place a new Code Section 53-9-26 to read as follows:
"53-9-26. If, at any time before the missing person has been declared legally dead by a competent court in a proceeding brought for that purpose, the missing person reappears, the conservator shall thereupon and within 60 days after demand by the mis sing person make a final return to the judge of the probate court. Upon approval of the final return by the judge, he shall pay over and deliver all of the funds and property in his hands to the missing person. The missing person, as well as the conservator, shall have the right to appeal from any decision of the judge of the probate court approving or disapproving the final return; to the superior court of the county, in the manner pro vided by law."
Section 31. This Act shall become effective July 1, 1986, and shall apply to proceed ings filed on or after such date.
Section 32. All laws and parts of laws in conflict with this Act are repealed.

Representative Chambless of the 133rd moved that the House disagree to the Senate substitute to HB 1367.
The motion prevailed.

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Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 164. By Senators Howard of the 42nd and Barnes of the 33rd:
A bill to amend Chapter 12 of Title 9 of the Official Code of Georgia Anno tated, relating to verdict and judgments, so as to enact the "Uniform Enforcement of Foreign Judgments Law."

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to verdict and judgments, so as to enact the "Uniform Enforcement of Foreign Judgments Law"; to provide a short title; to provide for a definition; to provide for the filing, status, and effect of foreign judgments; to provide for affidavits and notices of filing; to provide for stays of enforcement and for security pending the stays; to provide for fees; to provide for optional procedures; to provide for interpretation; to provide 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 9 of the Official Code of Georgia Annotated, relating to verdict and judgments, is amended by adding at the end thereof a new Article 6 to read as follows:
"ARTICLE 6 9-12-130. This article may be cited as the 'Uniform Enforcement of Foreign Judg ments Law.' 9-12-131. As used in this article, the term 'foreign judgment' means a judgment, decree, or order of a court of the United States or of any other court that is entitled to full faith and credit in this state. 9-12-132. A copy of any foreign judgment authenticated in accordance with an act of Congress or statutes of this state may be filed in the office of the clerk of any court of competent jurisdiction of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the court in which the foreign judgment is filed. A filed foreign judgment has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, staying, enforcing, or satisfying as a judgment of the court in which it is filed and may be enforced or satisfied in like manner. 9-12-133. (a) At the time a foreign judgment is filed, the judgment creditor or the judgment creditor's attorney shall make and file with the clerk of the court an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor. (b) The clerk shall promptly mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall note the mailing in the docket. The notice must include the name and post office address of the judgment creditor and, if the judgment creditor has an attorney in this state, the attorney's name and address. The judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk does not affect the enforcement proceedings if proof of mailing by the judg ment creditor has been filed. 9-12-134. (a) If the judgment debtor shows the court that an appeal from the for eign judgment is pending or will be taken or that a stay of execution has been granted and proves that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated.

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(b) If the judgment debtor shows the court any ground on which enforcement of a judgment of the court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period and require the same security for satisfaction of the judgment that is required in this state.
9-12-135. A person filing a foreign judgment shall pay $10.00 to the clerk of the court. Fees for other enforcement proceedings shall be as otherwise provided by law for judgments of the courts of this state.
9-12-136. The judgment creditor retains the right to bring an action to enforce a judgment instead of proceeding under this article.
9-12-137. This article shall be interpreted and construed to achieve its general pur poses to make the law of those states which enact it uniform.
9-12-138. This article shall apply to foreign judgments of other states only if those states have adopted the 'Uniform Enforcement of Foreign Judgments Act' in substan tially the same form as this article."
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 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 475. By Senator Dawkins of the 45th:
A bill to amend Code Section 15-10-22 of the Official Code of Georgia Anno tated, relating to qualifications of magistrates, so as to provide that a magis trate who does not exercise any of the criminal jurisdiction of the magistrate court and who is an attorney shall not be prohibited from appearing in any court in any criminal matter when engaged in the private practice of law.

By unanimous consent, further consideration of SB 475 was postponed until Thurs day, March 6, 1986, immediately following the period of unanimous consents.

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

Mr. Speaker: The Senate insists on its substitutes to the following Bills of the House:

HB 1607. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to grant exemptions from Henry County School District ad valorem taxation to certain elderly and disabled residents of Henry County; to pro vide the amount of and qualifications for said exemptions; to supersede and repeal that constitutional amendment relating to homestead exemptions from Henry County School District taxes which is set out at Ga. L. 1982, p. 2515.

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

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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 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 Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

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 President has appointed on the part of the Senate the following: Senators Hine of the 52nd, Barnes of the 33rd and Kidd of the 25th.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

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.

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

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 Senate substitute was read:

A BILL
To amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Anno tated, relating to the offense of criminal trespass and related offenses, so as to provide an

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exception to the offense of criminal trespass for law enforcement officers in the perfor mance of official duties; 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 mer chant or merchants for the use of customers commits the offense of criminal trespass by motor vehicle; to provide for punishment; to provide for municipal ordinances; 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 2 of Chapter 7 of Title 16 of the Official Code of Georgia Anno tated, relating to the offense of criminal trespass and related offenses, is amended by strik ing Code Section 16-7-21, relating to criminal trespass and damage to property, in its entirety and inserting a new Code Section 16-7-21 to read as follows:
"16-7-21. (a) A person commits the offense of criminal trespass when he intention ally damages any property of another without his consent and the damage thereto is $500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person without his consent.
(b) A person commits the offense of criminal trespass when he knowingly and with out authority:
(1) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose;
(2) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or
(3) Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart. (c) The provisions of paragraphs (2) and (3) of subsection (b) of this Code section shall not apply to any law enforcement officer in the official performance of his duties who enters upon the land or premises of another person m connection with any public gathering being held on such land or premises. {} (d) A person who commits the offense of criminal trespass shall be guilty of a misdemeanor."
Section 2. Said article is further amended by adding at the end of Part 1 thereof, relating to general provisions applicable to criminal trespass, a new Code Section 16-7-29 to read as follows:
"16-7-29. (a) A person commits the offense of criminal trespass by motor vehicle when the person, after having been requested by the owner or a law enforcement officer not to do so, parks or stands an occupied or unoccupied motor vehicle in, or repeatedly drives a motor vehicle through or within, a parking area which is located on privately owned property and is provided by a merchant or group of merchants for customers if:
(1) The parking area is identified by at least one conspicuous sign at each entrance which contains the following information in easy to read printing:
(A) Notice of the elements of the crime of criminal trespass by motor vehicle; (B) Identification of the property which is reserved for customers' use only; (C) Identification of the merchant or merchants providing the parking area; and (D) Warning that violators will be prosecuted; and (2) The motor vehicle is parked, is standing, or is being operated other than for the purpose of: (A) Transporting some person to or from the interior of the place of business of a merchant identified by the sign or signs in the parking area; (B) Making use of a telephone, vending machine, or other similar facility located in the parking area;

MONDAY, MARCH 3, 1986

2097

(C) Meeting the requirements of a situation in which it has unexpectedly become impossible or impractical for the motor vehicle to continue to travel on the public roads; or
(D) Carrying out an activity for which express permission has been given by the owner of the parking area or an authorized representative of the owner. (b) A person who commits the offense of criminal trespass by motor vehicle shall be guilty of a misdemeanor. (c) The governing authority of any municipal corporation by ordinance may adopt by reference the provisions of subsection (a) of this Code section without publishing or posting in full the provisions thereof. The punishment imposed for violation of any such ordinance shall not exceed $50.00."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Aiken of the 21st moved that the House disagree to the Senate substi tute to HB 1433.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1607. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to grant exemptions from Henry County School District ad valorem taxation to certain elderly and disabled residents of Henry County; to pro vide the amount of and qualifications for said exemptions; to supersede and repeal that constitutional amendment relating to homestead exemptions from Henry County School District taxes which is set out at Ga. L. 1982, p. 2515.

Representative Dunn of the 73rd moved that the House insist on its position in disagreeing to the Senate substitute to HB 1607 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 Dunn of the 73rd, Smith of the 78th and Pettit of the 19th.

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 Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 561 Do Pass SB 579 Do Pass, by Substitute

SB 580 Do Pass SR 427 Do Pass

Respectfully submitted, /s/ McDonald of the 12th
Chairman

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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 Senate and has instructed me to report the same back to the House with the following recommendations:

SB 73 Do Pass, as Amended SB 341 Do Pass SB 355 Do Pass SB 397 Do Pass

SB 457 Do Pass SB 461 Do Pass, by Substitute SB 565 Do Pass

Respectfully submitted, /s/ Thomas of the 69th
Acting Chairman

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

Mr. Speaker:
The Senate has adopted, as amended, by the requisite majority the following Resolu tion of the House:

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 Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution of the House:

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.

The Senate has agreed to the House substitute by Senate substitute to the following Bill of the Senate:

SB 340. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Anno tated, relating to magistrate courts, so as to provide that with certain excep tions the chief magistrates of certain counties must be active members of the State Bar of Georgia; to provide that review of default judgments in the magistrate courts shall be by certiorari to the superior courts.

The Senate has adopted, as amended, by the requisite constitutional majority the following Resolutions of the House:

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2099

HR 567. By Representative Ross of the 82nd: A resolution compensating Miss Annie M. Peterson.

HR 593. By Representative Johnson of the 76th: A resolution compensating Wyman Nail, Jr., and Rhonda Nail.

HR 666. By Representative Lupton of the 25th: A resolution compensating Mr. Paul Webb, d.b.a. Kwik Kopy #206.

HR 689. By Representative Kingston of the 125th: A resolution compensating Mr. M. C. Nettles.

The Senate insists on its substitute to the following Bill of the House:

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.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:

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.

HB 1658. By Representative Walker of the 85th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to exempt from the return and payment of ad valorem taxes certain tangible personal property if the value of that property does not exceed $1,000.00.

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 Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:

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JOURNAL OF THE HOUSE,

HB 328. By Representative Ross of the 82nd:
A bill to amend Code Section 20-2-102 of the Official Code of Georgia Anno tated, relating to the qualifications of county school superintendents, so as to completely revise and provide for the qualifications of county and inde pendent school superintendents.

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:
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.

The Senate insists on its substitute to the following Bill of the House:

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 Senate adheres to its substitutes and has appointed a Committee of Conference on the following Bills of the House:

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 President has appointed on the part of the Senate the following: Senators Howard of the 42nd, Baldwin of the 29th and Coleman of the 1st.

HB 1246. By Representatives Watson of the 114th, Kilgore of the 42nd and Hooks of the 116th:
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.

The President has appointed on the part of the Senate the following:

MONDAY, MARCH 3, 1986

2101

Senators Barker of the 18th, Land of the 16th and Kidd of the 25th.

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.

The President has appointed on the part of the Senate the following: Senators Kidd of the 25th, Walker of the 43rd and Hudgins of the 15th.

Pursuant to SR 497, adopted by the House and Senate, the Speaker announced the House adjourned until 10:00 o'clock, Thursday, March 6, 1986.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, March 6, 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 Rabbi Saul J. Rubin, Temple MICKVE Israel, Savannah, 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 Resolution of the House were intro duced, read the first time and referred to the committees:
HB 2074. By Representative Williams of the 48th: 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 repeal Code Section 16-12-2, relating to smoking in public places.
Referred to the Committee on Judiciary.
HB 2075. By Representative Williams of the 48th: A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Anno tated, relating to consent for medical treatment, so as to provide for informed consent in certain surgical procedures.
Referred to the Committee on Health & Ecology.

THURSDAY, MARCH 6, 1986

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HB 2076. By Representative Mueller of the 126th:
A bill to amend Code Section 40-1-1 of the Official Code of Georgia Anno tated, relating to definitions of terms concerning motor vehicles and traffic, so as to change the definition of a moped.
Referred to the Committee on Motor Vehicles.

HR 936. By Representatives Alford of the 57th and Wilson of the 20th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that antique automobiles shall con stitute a separate class from other motor vehicles and, in connection there with, may define antique automobiles and provide for their taxation on a basis other than ad valorem in such manner as the General Assembly shall determine.
Referred to the Committee on Ways & Means.

By unanimous consent, the following Bills of the House and Senate were read the second time:

HB 2073 SB 600

SB 601 SB 602

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:

Your Committee on Health & Ecology has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the follow ing recommendations:

SB 318 Do Pass, by Substitute SB 366 Do Pass, by Substitute

SB 482 Do Pass, by Substitute SB 532 Do Pass

Respectfully submitted, /s/ Childers of the 15th
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 Senate and has instructed me to report the same back to the House with the following recommendations:

HR 719 Do Pass HR 749 Do Pass, as Amended HR 850 Do Pass

SR 334 Do Pass SR 447 Do Pass

Respectfully submitted, Is/ 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:

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JOURNAL OF THE HOUSE,

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 273 Do Pass SB 587 Do Pass SB 593 Do Pass

SB 595 Do Pass SB 599 Do Pass SB 591 Do Pass

Respectfully submitted, /s/ Richardson of the 52nd
Sub-Committee Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR THURSDAY, MARCH 6, 1986
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 39th Legislative Day as enumerated below:
HR 96 Housing Needs Study Committee: Create HR 573 Univ. Sys. Lab. Equip/Eminent Scholars Endowment Study Comm.
SB 4 Judges Probate Court Retirement Fund: Increase Benefits SB 83 Judicial Circuits: Comp. More Than One Law Clerk SB 112 Fiduciaries: Certain Investments SB 174 Superior Courts: Retirement: Spouse's Benefits SB 206 Employees Retirement: Withdrawals: Limits SB 296 Elections: Registrars, Etc.: Eligibility, Public Office SB 308 Youth Development Centers: Programs: Juv. Participation SB 311 Estates: Intestacy: Deposit Money SB 312 Attys.: Admission To Practice Law: Fingerprint SB 329 Polygraph Examination: Certain Prohibitions SB 341 Uninsured Motor Vehicle: Available Coverages SB 346 Consumers' Utility Counsel: Abolishment SB 375 Candidates: Qualifications: Amend Provisions SB 293 Spec. Lie. Plates: Young Harris College: Commemorate Founding SB 390 Motor Vehicle Insurance: Failure To Comply: Penalty SB 391 Firefighter Applicant: Criminal Record: Disclosure SB 395 Grandparents: Visitation Rights SB 397 Cocaine: Possession/Trafficking: Penalty SB 400 Emergency Medical Service Systems: Amend Provisions SB 411 Historic Areas: Preservation/Promotion SB 412 State Forestry Comm. Reforestation Incentives Program SB 423 Fort Valley State College: Special License Plates SB 424 Savannah State College: Special License Plates SB 457 Civil Practice: Relief From Judgments SB 461 Civil Practice: Habeas Corpus: Relief From Judgment SB 489 Tort Actions: Using Force Against Another: Liability SB 565 Bail Bonds: Cert. Officials: Prohibitions
SR 292 R. E. Chambers Memorial Bridge: Designate
Bills and Resolutions on this calendar may be called in any order the Speaker desires.

THURSDAY, MARCH 6, 1986

2105

Respectfully submitted, Is/ Lee of the 72nd
Chairman

By unanimous consent, the following Bills of the Senate were taken up for consider ation and read the third time:

SB 273. By Senators Engram of the 34th and Bond of the 39th:
A bill to amend Code Section 48-5-165 of the O.C.G.A., relating to the requirement for tax collectors to instruct taxpayers that checks or money orders for the payment of taxes shall be payable to the tax office, so as to provide that said Code section shall not apply to counties of this state having a population of 550,000 or more or to the collection of taxes on behalf of any municipality located wholly or partially within any such 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.

SB 587. By Senator Coleman of the 1st:
A bill to amend an Act incorporating the City of Tybee Island, so as to pro vide certain additional powers for the mayor and council of said 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.

SB 591. By Senator Cobb of the 28th:
A bill to create the Pike County Recreation Authority; to authorize such authority to acquire, construct, equip, maintain, and operate an athletic sta dium or stadiums and the usual facilities related thereto, recreational centers and areas, and the usual and convenient facilities appertaining to such undertakings.

The report of the Committee, which was favorable to the passage of the Bill, was 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 593. By Senator Baldwin of the 29th:
A bill to amend an Act creating the Downtown LaGrange Development Authority, so as to change the limits of the Downtown LaGrange District.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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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.

SB 595. By Senator McGill of the 24th:
A bill to provide for the election of the members of the board of education of Wilkes County; to provide for education districts; to provide the composi tion of the board; to provide for qualifications and residency requirements; to provide for terms of office; to provide for continuation in office of mem bers of the present 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.

SB 599. By Senator Howard of the 42nd:
A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, so as to provide for the application of certain laws of this state to the 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.

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 1736. By Representatives Padgett of the 86th, Walker of the 85th, Ransom of the 90th 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 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.

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.

THURSDAY, MARCH 6, 1986

2107

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.

HB 1739. By Representative Lord of the 107th:
A bill to provide $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.

HB 1922. By Representatives Kilgore of the 42nd, Watts of the 41st and Lee of the 70th:
A bill to amend an Act creating a Magistrate's Court of Douglas County, so as to change the compensation of the chief magistrate of that court.

HB 1923. By Representatives Kilgore of the 42nd, Watts of the 41st and Lee of the 70th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Douglas County during desig nated registration periods as provided in Code Section 40-2-20.1 of the Offi cial Code of Georgia Annotated.

HB 1945. By Representative Parrish of the 109th:
A bill to create and incorporate the City of Nunez in the County of Emanuel and grant a charter to that municipality under that corporate name and style.

HB 1948. By Representatives Lee of the 70th, Thomas of the 69th and Shepard of the 71st:
A bill to provide for the compensation and expenses of the chairperson and members of the Board of Education of Carroll County; to provide for prac tices and procedures in connection therewith.

HB 1955. By Representatives Yeargin of the 14th, Clark of the 13th and Milford of the 13th:
A bill to amend an Act creating and incorporating the City of Comer, so as to change the term of office of the mayor.

HB 1956. By Representatives Barnett of the 59th, Wall of the 61st, Goodwin of the 63rd, Lawson of the 9th, Wood of the 9th and others:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Gwinnett County during desig nated registration periods as provided in Code Section 40-2-20.1 of the Offi cial Code of Georgia Annotated.

HB 1958. By Representatives Kilgore of the 42nd, Watts of the 41st and Lee of the 70th:

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JOURNAL OF THE HOUSE,

A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," so as to specify that the mayor of the City of Douglasville and the chairman of the board of commissioners of Douglas County shall have full voting rights as members of the authority.

HB 1973. By Representative Jackson of the 65th:
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 Walton Industrial Building Authority and the powers and functions of the authority.

HB 1982. By Representatives Thomas of the 69th, Lee of the 70th and Shepard of the 71st:
A bill to amend an Act relating to the board of education and school super intendent of the Carroll County School District, so as to clarify provisions relating to the date of future elections of certain members of the board of education.

HB 1983. By Representatives Thomas of the 69th, Lee of the 70th and Shepard of the 71st:
A bill to amend an Act placing the clerk of the Superior Court of Carroll County on a salary basis, so as to change the compensation of the clerk of the Superior Court of Carroll County.

HB 1997. By Representatives Lane of the lllth and 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 Screven County during desig nated registration periods as provided in Code Section 40-2-20.1 of the Offi cial Code of Georgia Annotated.

HB 1998. By Representative Parrish of the 109th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Emanuel County Development Authority (Res. Act No. 87).

HB 2006. By Representatives Williams of the 6th, Foster of the 6th and Ramsey of the 3rd:
A bill to amend an Act creating the board of commissioners of Whitfield County, so as to change the composition and method of election of the board of commissioners of Whitfield County.

HB 2007. By Representative Cummings of the 17th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Rockmart Development Authority (Res. Act No. 48).

HB 2010. By Representative Carter of the 146th:
A bill to provide for the election of the members of the Cook County Board of Education; to provide for election districts; to provide for election of the chairman.

THURSDAY, MARCH 6, 1986

2109

HB 2011. By Representative Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Cook County, so as to provide for the election of a five-member board of commissioners; to provide for commissioner districts.

HB 2013. By Representative Royal of the 144th:
A bill to amend an Act providing a new charter for the City of Pelham, so as to provide for the election and terms of the mayor and council members; to provide for districts and election from districts; to provide for residency requirements.

HB 2014. By Representative Royal of the 144th:
A bill to amend an Act providing a new charter for the City of Pelham, so as to provide for the election and terms of office of the board of education of the public school system of the city; to provide for residency requirements.

HB 2025. By Representatives Chambless of the 133rd, Balkcom of the 140th and Young of the 134th:
A bill to amend an Act creating the Dougherty Judicial Circuit, so as to change the county supplements for the judges of that circuit.

HB 2026. By Representatives Chambless of the 133rd, Balkcom of the 140th and Young of the 134th:
A bill to amend an Act creating the State Court of Dougherty County, for merly known as the City Court of Albany, so as to change provisions con cerning costs and fees.

HB 2027. By Representatives Chambless of the 133rd, Balkcom of the 140th and Young of the 134th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Dougherty County during desig nated registration periods as provided in Code Section 40-2-20.1 of the Offi cial Code of Georgia Annotated.

HB 2028. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
A bill to increase the homestead exemption from county ad valorem taxes for residents of Clayton County who own and occupy their residences; to increase the homestead exemption from county ad valorem taxes for resi dents of Clayton County who are 65 years of age or over and who own and occupy their residences if the net income of said residents does not exceed $4,000.00 for the immediately preceding taxable year.

HB 2029. By Representatives Lee of the 72nd, Johnson of the 72nd, Bailey of the 72nd, Holcomb of the 72nd and Benefield of the 72nd:
A bill to provide that the term of office of the chairman of the board of edu cation of Clayton County shall be two years; to provide that the chairman shall be eligible for reelection to subsequent terms of office; to provide for filling vacancies in the office of chairman.

2110

JOURNAL OF THE HOUSE,

HB 2030. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act changing the composition of and manner of selection of the members of the board of education of Clayton County, so as to change the method of filling vacancies on the board.

HB 2031. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the method of selecting the vice-chairman; to change the compensation of the chairman and other members of the board.

HB 2032. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, so as to change the county supplement to the state salary of said judges.

HB 2033. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer.

HB 2034. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers; to change the compensation of the deputy clerk of the superior court.

HB 2035. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act creating the State Court of Clayton County, so as to create the office of deputy clerk of the State Court of Clayton County; to authorize the clerk of the State Court of Clayton County to appoint and fix the compensation of said deputy clerk.

HB 2036. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relative to the compensation of the tax commissioner; to change the provisions relative to the compensation of the deputy tax commissioner.

HB 2037. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act providing for the compensation and expenses of the coroner of Clayton County, so as to change the compensation of the coroner.

THURSDAY, MARCH 6, 1986

2111

HB 2038. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement.

HB 2039. By Representatives Bailey of the 72nd, Benefield of the 72nd, Lee of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
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 and school superintendent of Clayton County.

HB 2040. By Representatives Bailey of the 72nd, Benefield of the 72nd, Lee of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
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 cre ation of a civil service system for all persons other than elected officials whose wages or salaries are paid in whole or part out of the funds of Clayton County.

HB 2041. By Representatives Bailey of the 72nd, Benefield of the 72nd, Lee of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
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 licens ing and regulation of businesses in the unincorporated areas of Clayton County.

HB 2042. By Representatives Bailey of the 72nd, Benefield of the 72nd, Lee of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
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 empower the governing authority of Clayton County to adopt ordinances and to provide penalties for violating ordinances.

HB 2043. By Representatives Bailey of the 72nd, Benefield of the 72nd, Lee of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which authorizes Clayton County to incur additional indebtedness and issue bonds for the purpose of establishing a system of waterworks and sewerage.

HB 216. By Representative Bolster of the 30th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to Georgia taxable net income of individuals for Georgia income tax purposes, so as to provide that Georgia taxable net income of an individual employee shall not include amounts paid or incurred by the individual's employer for dependent care assistance provided to the indi vidual if such amounts are excluded from gross income for federal income tax purposes under current federal income tax law.

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HB 1074. By Representatives Logan of the 67th, Bray of the 91st and Argo of the 68th:
A bill to amend Title 21 of the O.C.G.A., relating to elections, so as to pro vide certain conditions under which no person shall be deemed to have gained or lost a residence by reason of such person's presence or absence; to provide for consideration by the registrars of an applicant's expressed intent and all attendant surrounding circumstances relating to such intent and con duct.

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.

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.

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.

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.

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.

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

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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.

HB 1687. By Representative Thompson of the 20th:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Anno tated, relating to dentists and dental hygienists, so as to provide for the licensing of Level II dental hygienists; to provide for educational require ments; to provide for the supervision of dental hygienists and Level II dental hygienists by licensed dentists.

HB 1712. By Representatives Godbee of the 110th and Triplett of the 128th:
A bill to amend Code Section 32-2-3 of the Official Code of Georgia Anno tated, relating to the development of transportation plans and public hear ings, so as to provide that a facility, site, or project corridor hearing and a design hearing may be held simultaneously for a proposed facility.

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.

HB 1751. By Representative Cooper of the 20th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions concerning the superior courts, so as to provide that in any county in which a county correctional institution or jail is located, one or more judges of the superior court of such county shall be authorized to conduct habeas corpus and other nonjury pro ceedings involving inmates of such county correctional institution or jail in a suitable room at the institution.

HB 1757. By Representatives Redding of the 50th, Robinson of the 58th, Richardson of the 52nd, Childs of the 53rd, Dean of the 29th and others:
A bill to amend Code Section 31-3-2 of the Official Code of Georgia Anno tated, relating to the composition of county boards of health, so as to change the provisions relating to the chief executive officer of the largest municipal ity of a county being a member of a county board of health; to authorize the adoption of certain county ordinances when the legal situs of the largest municipality lies within an adjoining county.

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.

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".

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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.

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.

HB 1952. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th, Phillips of the 120th and Lee of the 72nd:
A bill to amend Chapter 9 of Title 50 of the Official Code of Georgia Anno tated, relating to the Georgia Building Authority, so as to create the Agency for Removal of Hazardous Materials to provide for the abatement and removal of asbestos and other hazardous materials from public premises.

HB 1986. By Representatives Logan of the 67th and Argo of the 68th:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications in general, so as to provide a privilege for information concerning veterinary care; to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that records of veterinary care shall not be open to public inspection.

The Senate has adopted by the requisite constitutional majority the following Resolu tions of the House:

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.

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 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.

HR 794. By Representatives Lee of the 70th, Thomas of the 69th and Shepard of the 71st:

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A resolution creating the Carroll County Government Authority Study Commission.

HR 481. By Representative Oliver of the 121st: A resolution compensating Mr. R. Glenn Smith.

HR 635. By Representative Sizemore of the 136th: A resolution compensating Mr. Willie Lee Boone.

HR 643. By Representative Mueller of the 126th: A resolution compensating Ms. Barbara Ann Rozier Sawyer.

HR 742. By Representative Morton of the 47th: A resolution compensating Mr. Franklin D. Woodall.

HR 743. By Representative Morton of the 47th: A resolution compensating Mr. Norman Breen.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

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 Senate recedes from its amendment to the following Bill of the House:

HB 1919. 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 for the compensation of the Coroner of Clarke County, so as to change the provisions regarding that compensation.

The Senate has agreed to the House substitutes to the following Bills of the Senate:

SB 290. By Senator Gillis of the 20th:
A bill to amend an Act providing a new charter for the City of Soperton, so as to change the method of election of the members of council of the City of Soperton.

SB 380. By Senators Harrison of the 37th, Tolleson of the 32nd and Brantley of the 56th:
A bill to amend Code Section 36-36-22.1 of the Official Code of Georgia Annotated, relating to limitations on certain municipalities to annex property

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pursuant to application by 60 percent of landowners and electors, so as to change the provisions relative to such limitations on such municipalities.

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 agreed to the House substitute to the following Resolution of the Senate:

SR 330. By Senators Scott of the 2nd, Hudgins of the 15th, Coleman of the 1st and others:
A resolution proposing an amendment ot the Constitution so as to authorize the General Assembly to provide by law for the creation of a State Children's Trust Fund from which funds shall be disbursed for the purpose of child abuse and neglect prevention programs; to provide for payments into the trust fund and disbursements therefrom.

The Senate has agreed to the House amendment to the following Resolution of the Senate:

SR 281. By Senators Reddish of the 6th, Albert of the 23rd and Scott of the 2nd:
A resolution encouraging the development of programs and services for handicapped preschool age children in all Georgia communities.

The Senate has agreed to the House amendments to the following Bills of the Senate:

SB 531. By Senator Bond of the 39th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment (Ga. L. 1968, p. 1571), which relates to the authorization of Fulton County to indemnify the tax commis sioner for uncollectible checks for automobile license tags.

SB 596. By Senator Trulock of the 10th:
A bill to provide for the composition of the Board of Education of Decatur County; to provide for the election of members of the board from education districts; to provide for filling vacancies on the board; to provide for the appointment of the county school superintendent by the board.

The Senate has adopted the report of the Committee of Conference on the following Bill of the House:

HB 705. By Representatives Triplett of the 128th, Murphy of the 18th, Wood of the 9th, Colwell of the 4th, Dobbs of the 74th, and Evans of the 84th: A BILL to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia

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Annotated, relating to the exercise of the power to contract, so as to author ize the department to award a contract when only one bid has been received on the project; to require the department to open such bid; to require disclo sure of the estimate; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:

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:
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.

The following Senate amendments were read:

Senate Amendment No. 1:
Amend HB 1469 by adding after the semicolon on line 9 of page 1 the following:
"to provide that such taxes may be imposed for the purpose of acquisition and clear ance of certain unsafe housing;".
By striking the word "or" on line 4 of page 4 and inserting between lines 4 and 5 of page 4 the following:
"(F) The acquisition and clearance by the county of housing which has become hazardous and unsafe for human habitation because of physical conditions affecting the land on which such housing is located; or".
By striking on line 5 of page 4 the designation "(F)" and inserting in its place the designation "(G)".

Senate Amendment No. 2:
Amend House Bill 1469 by deleting, beginning at line 30 on page 6 and continuing through line 8 on page 7, the following:
"(4) In the event more than one authorized project is proposed then each project and its proposed cost shall be separately listed on the ballot and separately voted on. Only that project or those projects for which a majority of those voting with respect to such project vote in favor of such project shall be deemed approved or authorized and the tax therefor authorized; provided that for the purpose of this paragraph a proposal or proposals for water and/or sewer capital outlay project or projects as authorized pursuant to 48-8-lll(a)(l)(E) shall be considered as one project."

Senate Amendment No. 3:
Amend HB 1469 by adding after the semicolon on line 9 of page 1 the following:
"to provide that such taxes may be imposed for the purpose of retiring certain previ ously incurred general obligation debt;".
By striking the word "or" on line 4 of page 4.

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By adding between lines 4 and 5 of page 4 the following:
"(F) The retirement of previously incurred general obligation debt of the county, if such previously incurred general obligation debt was incurred for a project of a type for which new general obligation debt may be incurred under this article; or"
By striking on line 5 of page 4 the designation "(F)" and inserting in its place the designation "(G)".

Senate Amendment No. 4: Amend HB 1469 by adding after the semicolon on line 5 of page 1 the following: "to provide that such taxes may be imposed for landfill and waste disposal facilities;". By striking on line 24 of page 2 the following: "sanitary landfills", and inserting in place thereof the following: "a sanitary landfill, waste incinerator, or other waste disposal facility;".

Senate Amendment No. 5:
Amend HB 1469 by deleting the word "and" on line 20, page 3, and substituting in lieu thereof the word "or".

Representative Kilgore of the 42nd moved that the House disagree to the Senate amendments to HB 1469.
The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

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.

Representative Childers of the 15th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1177 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 Childers of the 15th, Athon of the 57th and Pannell of the 122nd.

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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.

Representative Colwell of the 4th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1638 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 Colwell of the 4th, Hays of the 1st and Oliver of the 121st.

The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:

HR 666. By Representative Lupton of the 25th: A resolution compensating Mr. Paul Webb, d.b.a. Kwik Kopy #206.

The following Senate amendment was read:

Amend HR 666 by striking on Page 1, line 20, the figure "$4,343.49" and inserting in lieu thereof the following:

Representative Lupton of the 25th moved that the House disagree to the Senate amendment to HR 666.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 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.
Representative Barnett of the 59th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1858 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:

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Representatives Barnett of the 59th, Martin of the 60th and Bannister of the 62nd.

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

SB 340. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Anno tated, relating to magistrate courts, so as to provide that with certain excep tions the chief magistrates of certain counties must be active members of the State Bar of Georgia; to provide that review of default judgments in the magistrate courts shall be by certiorari to the superior courts.

The following Senate substitute was read:

A BILL
To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide that prejudgment attachment may not be granted by a magistrate court; to provide that with certain exceptions the chief magistrates of cer tain counties must be active members of the State Bar of Georgia; to provide that only certain appeals may be had from default judgments in the magistrate courts; to provide for opening of defaults in certain cases; to provide for relief from judgments of the magis trate courts; to provide for recording of executions in the general execution docket kept by the clerk of superior court; to provide a minimum age requirement for clerks of the magistrate court; to provide for the powers and duties of the clerks; to provide for all mat ters related to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended by striking in its entirety paragraph (5) of Code Section 15-10-2, relating to the jurisdiction of magistrate courts, and inserting in its place a new paragraph (5) to read as follows:
"(5) The trial of civil claims including garnishment and attachment in which exclu sive jurisdiction is not vested in the superior court and the amount demanded or the value of the property claimed does not exceed $2,500.00^ provided that no prejudgment attachment may be granted;".
Section 2. Said chapter is further amended by adding at the end of Code Section 15-10-22, relating to qualifications of magistrates and practice of law by magistrates, a new subsection (c) to read as follows:
"(c) In addition to all other qualifications imposed by general or local law, in any county having a population of 75,000 or more according to the United States decennial census of 1980 or any future such census, the chief magistrate shall be an active member of the State Bar of Georgia. However, a chief magistrate who is in office in such a county on July 1, 1986, or who is in office in a county when the county's population reaches 75,000, shall be eligible to hold the office of chief magistrate in such county and to succeed himself without the necessity of meeting the qualification of active member ship in the State Bar of Georgia."
Section 3. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 15-10-41, relating to trials in and appeals from magistrate courts, and inserting in its place a new subsection (b) to read as follows:
"(b) Appeals Except as otherwise provided in this subsection, appeals may be had from judgments returned in the magistrate court to the state court of the county or to the superior court of the county and the same provisions now provided for by general law for appeals contained in Code Section 5-3-29 shall be applicable to appeals from the

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magistrate court, the same to be a de novo appeal. No appeal shall lie from a default judgment entered in the magistrate court, provided that the defaulting party may, upon payment of costs, reopen the case in the magistrate court at any time prior to the expiration of 15 days following the day of default. Any case so reopened shall stand immediately ready for trial. In the event that a default is not opened within the requi site period of time, review shall be by certiorari to the state court of the county or to the superior court of the county."
Section 4. Said chapter is further amended by adding at the end of Code Section 15-10-43, relating to proceedings on civil claims, new subsections (e), (f), and (g) to read as follows:
"(e) At any time before final judgment, the court, in its discretion, upon payment of costs, may allow the default to be opened for providential cause preventing the filing of required pleadings or for excusable neglect or where the judge, from all the facts, shall determine that a proper case has been made for the default to be opened, on terms to be fixed by the court. In order to allow the default to be thus opened, the showing shall be made under oath, shall set up a meritorious defense, shall offer to plead instanter, and shall announce ready to proceed with the trial.
(f) Notwithstanding the provisions of Code Section 15-10-42, the magistrate court may grant relief from a judgment under the same circumstances as the state court may grant such relief. Requests for relief from judgments in the magistrate court shall be by filing a new action pursuant to this Code section. The procedure shall then be the same as in other cases except the court may assess costs as seems just.
(g) A complaint in equity to set aside a judgment of the magistrate court may be brought under the same circumstances as a complaint to set aside a judgment in a court of record."
Section 5. Said chapter is further amended by striking in its entirety Code Section 15-10-47, relating to money judgments in civil cases, and inserting in its place a new Code Section 15-10-47, to read as follows:
"15-10-47. (a) Except where otherwise provided by law, the general laws and rules applicable to the effect, recordation, execution, and enforcement of money judgments in civil cases in the superior courts of this state shall be applicable to and govern the magistrate courts.
(b) Upon the issuance of any execution by the magistrate court, the clerk of the magistrate court shall immediately transmit a copy of the execution to the clerk of supe rior court of the county. The clerk of the superior court shall immediately enter the execution upon the general execution docket in the same manner as executions issued by the superior court, without the necessity of any action by the plaintiff in fL fa^ The clerk of superior court shall not charge or collect any fee for such entry."
Section 6. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 15-10-49, relating to procedure in attachment, garnishment, dispossessory, and distress warrant proceedings, and inserting in its place a new subsection (a) to read as follows:
"(a) Procedure in attachment cases shall be subject to Chapter 3 of Title 182 except that there shall be no prejudgment attachment granted in the magistrate court."
Section 7. Said chapter is further amended by striking in its entirety subsection (f) of Code Section 15-10-105, relating to the selection, compensation, and eligibility of clerks of magistrate courts, and inserting in its place a new subsection (f) to read as follows:
"(f) The eligibility for clerk is the same as for magistrate^ except that a clerk shall be required to be at least 18 years of age."
Section 8. Said chapter is further amended by adding after Code Section 15-10-105 a new Code Section 15-10-105.1 to read as follows:
"15-10-105.1. (a) The duties of the clerk shall be as assigned by the chief magis trate.
(b) The authority of the clerk of magistrate court shall include the power:

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(1) To administer oaths and take affidavits in all cases permitted by law or where such authority is not confined to some other officer;
(2) To receive the amounts of all costs due in the court of which they are clerks and to receive other sums whenever required to do so by law or by order of the judge, and not otherwise; and
(3) To advertise under the same rules and restrictions as apply to sheriffs."
Section 9. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Lawson of the 9th moves to amend the Senate substitute to the House substitute to SB 340 by striking Section 2 and renumbering accordingly.

Representative Lawson of the 9th moved that the House agree to the Senate substi tute, as amended by the House, to the House substitute on SB 340.
On the motion, the ayes were 91, nays 0.
The motion prevailed.

The Speaker Pro Tern assumed the Chair.

The following Resolutions of the House were taken up for the purpose of considering the Senate substitute or amendment thereto:

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.

The following Senate substitute was read:

A RESOLUTION
Urging the Congress of the United States to propose an amendment to the Constitu tion of the United States to authorize the public schools to conduct a brief period of voluntary silent prayer, meditation, or contemplation at the opening of each school day; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
That the State of Georgia urges the Congress of the United States to propose an amendment to the Constitution of the United States which would authorize the public schools to conduct a brief period of voluntary silent prayer, meditation, or contemplation at the opening of each school day.
BE IT FURTHER RESOLVED that the State of Georgia requests the Congress to submit to the several states an amendment to the Constitution of the United States for purposes of ratification.
BE IT FURTHER RESOLVED that the State of Georgia also proposes that the legis latures of each of the several states comprising the United States apply to the Congress requesting the enactment of an amendment to the United States Constitution, as described in this resolution.

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BE IT FURTHER RESOLVED that this resolution be transmitted to the Secretary of State and presiding officers of the houses of the legislature of each of the other states in the union, to the President and Vice President of the United States, to the Speaker of the United States House of Representatives, to each senator and representative in the Congress of the United States, to the Clerk of the United States House of Representatives, and to the Secretary of the United States Senate.

Representative Wall of the 61st moved that the House disagree to the Senate substi tute to HR 517.
The motion prevailed.

HR 567. By Representative Ross of the 82nd: A resolution compensating Miss Annie M. Peterson.

The following Senate amendment was read:

Amend HR 567 by striking on Page 1, line 19, the figure "$300.00" and inserting in lieu thereof the figure "$167.00".

Representative Ross of the 82nd moved that the House disagree to the Senate amend ment to HR 567.
The motion prevailed.

Representative Ware of the 77th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 440 Do Pass, by Substitute SB 369 Do Pass, by Substitute
Respectfully submitted, /s/ Ware of the 77th
Chairman

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 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.

Representative Benn of the 38th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1321 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.

2124 The motion prevailed.

JOURNAL OF THE HOUSE,

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Benn of the 38th, Milford of the 13th and Crosby of the 150th.

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 1100 Do Not Pass
Respectfully submitted, /s/ Wood of the 9th
Chairman

The following Resolutions of the House were read and adopted:

HR 886. By Representative Padgett of the 86th: A resolution recognizing and honoring Miss Tami Tesch.

HR 887. By Representative Redding of the 50th: A resolution honoring Bishop Joe Price.

HR 888. By Representative Watson of the 114th:
A resolution commending Dixie Chapter #23 of the Telephone Pioneers of America.

The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:

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 following Senate amendment was read:

Amend HR 585 by adding in Section 4 on line 18 of page 3, following the word "Commission" and preceding the ".", the following:
"; provided, however, that, upon the sale of any of the above-described real property by Brantley County, said county shall be required to pay the State of Georgia an amount equal to $550.00 times the number of acres sold".

THURSDAY, MARCH 6, 1986

2125

Representative Smith of the 152nd moved that the House disagree to the Senate amendment to HR 585.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

HR 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; and for other purposes.
WHEREAS, the matter of the state's financial support of education continues as a priority and focal issue in the 1986 session of the General Assembly; and
WHEREAS, there are no things more important to the quality of an institution of higher education than a strong faculty and modern facilities; and
WHEREAS, keen competition exists for outstanding scholars and teachers among the leading universities throughout the nation, such that the ablest people are attracted and retained by chairs funded specially through endowment trust funds largely supported by private contributions; and
WHEREAS, unfortunately, all institutions of the university system lack sufficient funding and equipment for the computer related activities, laboratories, and library research facilities which are required to support the continued technological growth of the state and to attract leaders in the educational and research fields.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the University System Laboratory, Equipment, and Eminent Scholars Endowment Study Committee to be composed of eight members of the House of Representatives to be appointed by the Speaker of the House of Representatives. One of the appointees shall be the chairman of the House University System of Georgia Commit tee. One of the appointees shall be designated chairman by the Speaker. The committee shall meet upon the call of the chairman. The committee is authorized to conduct a thor ough study of the university system laboratory and equipment needs and library research facilities needs and, in connection therewith, the cost of funding the purchase of adequate equipment and supplies to enable the state to develop and attract to its maximum poten tial high technology industries. The committee is further authorized to study incentive programs for the funding of faculty chairs, so as to enable the universities of this state to compete more successfully for the best scholars and teachers available. The committee is authorized to seek the advice and counsel of such persons knowledgeable in the affected fields which the committee feels will be able to assist it in the discharge of its duties and responsibilities.
BE IT FURTHER RESOLVED that the members of the committee shall receive the expenses and allowances provided by law for legislative members of interim legislative committees. The committee is authorized to hold meetings and conduct studies at such times and places as the committee deems advisable in carrying out its duties. The board of regents shall provide such technical assistance and other expertise to the committee as may be requested by the chairman. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of government. The committee shall make a report of its findings and recommendations,

2126

JOURNAL OF THE HOUSE,

with suggestions for funding and for legislation, if any, no later than December 15, 1986, at which time the committee shall stand abolished.
BE IT FURTHER RESOLVED that if a Senate committee is appointed to study similar matters during the 1986 interim, the committee created by this resolution shall be authorized to cooperate and meet jointly with such Senate committee and to issue a joint report to both houses of the General Assembly.

The report of the Committee, which was favorable to the adoption of the Resolution, 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 Y Argo
Athon Y Atkins Y Auten Y Bailey
Balkcom
Bannister Y Bargeron Y Barnett,B
Barnett.M YBeck
Benefield Benn Birdsong Y Bishop
Bolster Y Bostick Y Branch
Bray Brooks Y Brown.G
YBuck Y Burruss YByrd
Y Carter Chambless Chance
Y Cheeks Y Childers

Y Childs Clark.B
Y Clark.L Y Colbert Y Coleman Y Colwell
Connell Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon
Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee
Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner Y Harris Y Hasty
Hays

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
Johnson,S Y Kilgore
Kingston YLane.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
Matthews Y McDonald

Y McKelvey McKinney Milam
Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller
Oliver.C
Padgett Y Pannell Y Parham Y Parrish Y Patten
Peters Y Pettit
Phillips Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Y Randall Ransom
Ray Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P YRoss
Royal Y Russell
Selman

Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith,P
Smith.T
Smyre Snow
Y Stancil Stein berg Thomas.C
Y Thomas.M Thompson
Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L
Wall
Ware Watson Y Watts White Y Wilder Williams.B Y Williams,J Williams.R Wilson Y Wood Y Workman Y Yeargin Young Murphy.Spkr

On the adoption of the Resolution, the ayes were 125, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

THURSDAY, MARCH 6, 1986

2127

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 YArgo Y Athon Y Atkins Y Auten Y Bailey
Balkcom Bannister Y Bargeron Y Barnett,B Barnett.M YBeck Y Benefield Benn Birdsung 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
Coleman Colwell Connell Cooper Y Copelan Y Couch YCox 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 Y Galer Y Godbee Good win 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,,) Y Jackson,N Y Jamieson Y JohnsontD Y Johnson,F Y Johnson,R Y Johnson,S Y Kilgore
Kingston Y Lane.D Y Lane.R Y Lawler Y Lawrence Y Lawson YLee.C YLee.W Y Linder Y Logan YLong YLord
Lucas Y Lupton Y Maddox Y Mangum
Martin.C Y Martin,J
Matthews Y McDonald

Y McKelvey Y McKinney Y Milam Y Milford Y Moody Y Moore
Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C
Padgett Y Pannell
Parham Y Parrish
Patten Y Peters Y 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.P YRoss Y Royal Y Russell Selman

On the passage of the Bill, the ayes were 141, nays 0. The Bill, having received the requisite constitutional majority, was

Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith.P
Smith.T Smyre YSnow Y Stancil Y Steinberg Thomas.C Y Thomas.M Thompson Y Townsend Y Triplet! 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 Y Wilson Y Wood Y Workman Y Yeargin Young Murphy.Spkr

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.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 46-10-9 of the Official Code of Georgia Annotated, 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; 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 46-10-9 of the Official Code of Georgia Annotated, relating to the abolishment of the consumers' utility counsel, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section to read as follows:
"46-10-9. This chapter shall be null and void and shall stand repealed in its entirety effective July 1, W86 1987."

2128

JOURNAL OF THE HOUSE,

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 YArgo Y Athon Y Atkins Y Auten Y Bailey
Balk com Bannister Y Bargeron Y Barnett.B Barnett,M YBeck Y Benefield Benn
Birdsong Y Bishop
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 Clark.B
Y Clark.L Y Colbert
Coleman Colwell Connell Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon
Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y God bee
Goodwin Y Greene Y Greer
Y 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
Jackson.N Y Jamieson Y Johnson.D Y Johnson.F Y Johnson.R Y Johnson.S
Kilgore Kingston Y Lane,D Lane.R Y Lawler Y Lawrence Y Lawson
Y Lee.C YLee.W Y Linder YLogan
YLong YLord
Lucas Y Lupton Y Maddox Y Mangum
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 Parrish Y Patten Y Peters
Pettit Phillips Pinkston Y Porter
Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Robinson.C
Robinson,P YRoss Y Royal
Russell Y Selman

Shepard Y Sherrod
Sinkfleld Y Sizemore Y Smith.L Y Smith,P
Smith.T Smyre YSnow Y Stancil Y Steinberg
Thomas.C Y Thomas.M
Thompson
Y Townsend Y 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 Y Wood Y 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.

SB 565. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 45 of the Official Code of Georgia Anno tated, relating to miscellaneous offenses concerning public officers and employees, so as to make it unlawful for any officer of the court, law enforce ment officer, or attorney in this state to engage either directly or indirectly in the bail bond business.

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 YArgo Y Athon

Y Atkins Y Auten
Y Bailey

Y Balkcom Bannister
Y Bargeron

THURSDAY, MARCH 6, 1986

2129

Y Barnett.B Barnett.M
YBeck Y Benefield
Benn Y Birdsong
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
Clark,B Y Clark,L Y Colbert Y Coleman Y Colwell
Connell Cooper Y Copelan Y Couch YCox Y Crawford

Y Crosby Cummings Daugherty
Y Davis Dean
Y Dixon
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 Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard Y Hill Y Holcomb Y Holmes Y Hooks
Home Y Hudson Y Isakson Y Jackson,J

Y Jackson.N Y Jamieson
Johnson,D
Y Johnson,P
Y Johnson.R Y Johnson.S Y Kilgore
Kingston Y Lane.D Y Lane.R
Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W
Y Under YLogan
YLong
YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J
Matthews Y McDonald Y McKelvey
McKinney Y Milam
Milford Y Moody Y Moore

YMorton Y Mostiler
Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Pinks ton Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson
Robinson.C Robinson.P
YRoss Y Royal
Russell Y Selman Y Shepard Y Sherrod Y Sinkfield

On the passage of the Bill, the ayes were 140, nays 0. The Bill, having received the requisite constitutional majority, was

Y Sizemore Y Smith.L Y Smith,?
Smith.T Y Smyre
Snow Y Stancil Y Steinberg Y Thomas.C
Thomas, M Thompson Y Townsend Y Triplett Y Twiggs Waddle Y Waldrep Y Walker.C Y Walker.L Wall Ware 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

SB 457. By Senator Barnes of the 33rd:
A bill to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide procedures for obtaining relief from judg ments; to repeal Code Section 9-3-21, relating to the time within which pro ceedings to set aside judgments shall be brought; to amend Title 23 of the Official Code of Georgia Annotated, relating to equity, so as to repeal Code Section 23-2-1, relating to setting aside judgments in equity; to eliminate fraud as an equitable claim for setting aside a judgment.

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 YArgo Y Athon Y Atkins
Y AuUn Y Bailey
Balkcom Bannister Y Bargeron Y Barnett.B
Barnett.M YBeck

Y Benefield
Benn Birdsong Bishop Bolster Bostick Y Branch YBray
Y Brooks
Y Brown.G
YBuck 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
Connell Cooper Y Copelan Y Couch
YCox Y Crawford Y Crosby
Cummings Daugherty Y Davis Dean Y 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 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
Kingston Y Lane,D

2130

JOURNAL OF THE HOUSE,

Lane.R Lawler Y Lawrence
Y Lawson Y Lee.C Y Lee.W Y Under
Y Logan Y Long Y Lord
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 Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Peters Y Pettit

Phillips Pinkston Y Porter
Y Rainey Y Ramsey.T Y Ramsey.V Y Randall
Y Ransom Y Ray
Reaves Redding Y Richardson Y Robinson.C Robinson.P Y Ross Y Royal
Russell Y Selman

Shepard Y Sherrod Y Sinkfield
Y Sizemore Y Smith.L Y Smith,?
Smith.T
Smyre Y Snow 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 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

On the passage of the Bill, the ayes were 136, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 112. By Senator Broun of the 46th:
A bill to amend Article 1 of Chapter 8 of Title 53 of the Official Code of Georgia Annotated, relating to investments authorized by law for fiduciaries, so as to authorize fiduciaries to invest in and hold, in addition to other investments authorized by law, investment trusts registered under the Invest ment Company Act of 1940, provided that the portfolio of such fund, company, or trust is limited to classes of trust investments allowed by law.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 8 of Title 53 of the Official Code of Georgia Anno tated, relating to investments authorized by law for fiduciaries, so as to authorize corpo rate fiduciaries to invest in and hold, in addition to other investments authorized by law, investment trusts registered under the Investment Company Act of 1940, provided that the portfolio of such fund, company, or trust is limited to classes of trust investments allowed by law; to provide for delivery of collateral; to provide for a constant net asset value or price per share; to provide that corporate fiduciaries shall not be relieved of any duty or liability under the prudent investor standard; to provide for related matters; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 8 of Title 53 of the Official Code of Georgia Anno tated, relating to investments authorized by law for fiduciaries, is amended by adding a new Code Section 53-8-9 at the end of said article to read as follows:
"53-8-9. (a) Whenever an instrument or court order establishing a fiduciary rela tionship authorizes, permits, requires, or directs a corporate fiduciary with trust powers under Georgia law to invest funds in direct and general obligations of the United States government, obligations unconditionally guaranteed by the United States government, or obligations of the agencies of the United States government enumerated in Code Section 53-13-54, such fiduciary may invest in and hold such obligations either directly or in the form of securities of or other interests in any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, as from time to time amended, so long as:
(1) The portfolio of such investment company or investment trust is limited to such obligations and repurchase agreements fully collateralized by such obligations;

THURSDAY, MARCH 6, 1986

2131

(2) Such investment company or investment trust takes delivery of such collateral, either directly or through an authorized custodian; and
(3) Such investment company or investment trust is operated so as to provide a constant net asset value or price per share. (b) Nothing contained in this Code section shall be construed as relieving any corpo rate fiduciary from any duty or liability it has under the prudent investor standard set forth in Code Sections 53-8-1 and 53-8-2."
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 Adarm.M Y Aiken Y Alford
Alien
Y Anderson Y Argo
Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y 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

Childs Clark,B Y Clark,L Y Colbert Y Coleman Y Colwell Connell Cooper Y Copelan Y Couch YCox Y Crawford Crosby Y Cummings Daugherty Y Davis Dean Y Dixon
YDobbs Y Dover
Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Greene Y Greer Y Groover
Hamilton Y Manner Y Harris
Y Hasty YHays

Y Heard YHill
Y Holcomb Y Holmes Y Hooks
Home Y Hudson Y Isakson
Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson.F Y Johnson.R Y Johnson.S Y Kilgore
Kingston Y Lane,D
Y Lane.R Y Lawler
Lawrence Y Lawson YLee.C Y Lee.W Y Linder Y Logan YLong YLord
Lucas Y Lupton Y Maddoi 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 Pannell
Y Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V Randall
Y Ransom YRay
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
Smith.T YSmyre YSnow
Y Stancil Y Steinberg Y Thomas.C
Thomas.M Thompson Y Townsend Y Triplett Y Twiggs Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall Ware
Watson Y Watts
White
Wilder Y Williams,B Y Williams,J Y Williams,R
Wilson Y Wood 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.

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

2132

JOURNAL OF THE HOUSE,

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 Alien
Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield
Benn Y Birdsong Y Bishop
Bolster Y Bostick Y Branch
YBray Y Brooks N Brown.G YBuck
Burruss YByrd Y Carter Y Chambless Y Chance N Cheeks N Childers

Y Childs Clark.B
Y Clark,L Y Colbert Y Coleman Y Colwell
Connell Cooper Y Copelan Y Couch YCox Y Crawford Crosby Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Dunn
Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Greene
Y Greer Y Groover
Hamilton Y Manner Y Harris Y Hasty YHays

Heard Hill Y Holcomb Y Holmes Y Hooks 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
Kingston Y Lane,D Y Lane,R Y Lawler
Y Lawrence Y Lawson Y Lee.C YLee.W Y Under Y Logan YLong YLord
Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J
Matthews Y McDonald

McKelvey McKinney Milam Y Milford Y Moody Y Moore Y Morton
Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett
Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit
Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom YRay Y Reaves Y Redding
Richardson Y Robinson.C Y Robinson,?
Ross Y Royal
Russell Y Selman

On the passage of the Bill, the ayes were 134, nays 4. The Bill, having received the requisite constitutional majority, was

Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith,?
Smith.T Y Smyre Y Snow Y Stancil
Y Steinberg Y Thomas.C
Thomas.M Y Thompson Y Townsend Y Triplett
Twiggs Waddle Y Waldrep N Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams.B Williams,,! Y Williams,R Y Wilson
YWood 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 has passed by the requisite constitutional majority the following Bill of the Senate:

SB 603. By Senator Kidd of the 25th:
A bill to amend an Act creating the Board of Commissioners of Putnam County, approved September 8, 1879 (Ga. L. 1879, p. 334), as amended, so as to change the compensation of the chairman and members of the board of commissioners; to provide for a vice chairman.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:

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

THURSDAY, MARCH 6, 1986

2133

commercial and industrial purposes or for residential purposes; to provide for the definitions and locations of types of urban enterprise zones.

HB 1941. By Representative Wall of the 61st: A bill to create a new charter for the City of Lawrenceville.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

HB 2064. By Representatives Martin of the 60th, Jackson of the 9th, Lawson of the 9th and Wood of the 9th:
A bill to amend an Act creating a new charter for the City of Buford, so as to change the corporate limits of the city.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

HB 1939. By Representative Crawford of the 5th:
A bill to amend an Act consolidating the laws chartering the City of Summerville in Chattooga County and granting a new charter for said city, so as to change the provisions relating to the corporate limits of the City of Summerville.

By unanimous consent, the following Bill of the Senate was read the first time and referred to the committee:

SB 603. By Senator Kidd of the 25th:
A bill to amend an Act creating the Board of Commissioners of Putnam County, approved September 8, 1879 (Ga. L. 1879, p. 334), as amended, so as to change the compensation of the chairman and members of the board of commissioners; to provide for a vice chairman.
Referred to the Committee on State Planning & Community Affairs - Local.

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

Mr. Speaker: The Senate has disagreed to the House substitute to the following Bill of the Senate:

SB 465. By Senators Howard of the 42nd, Starr of the 44th, Trulock of the 10th and others:
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 change certain provisions relating to the establishment and desig nation of community work experience programs; to change the scope of such programs and require registration and participation therein under certain conditions.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

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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.

The following Resolutions of the House were read and adopted:

HR 889. By Representative Smith of the 78th:
A resolution commending the Lamar County Comprehensive High School Trojans basketball team.

HR 890. By Representative Smith of the 78th:
A resolution commending the Lamar County Comprehensive High School Lady Trojans basketball team.

HR 891. By Representative Smith of the 78th: A resolution commending Betty Crawford.

HR 892. By Representative Redding of the 50th: A resolution honoring Mr. Harold Buckley.

HR 893. By Representative Redding of the 50th: A resolution recognizing and commending Alice Malsenior Walker.

HR 894. By Representative Redding of the 50th: A resolution recognizing and commending the Belvedere Civic Club.

HR 895. By Representative Redding of the 50th: A resolution honoring Reverend Jimmy L. Smith.

HR 896. By Representative Hays of the 1st:
A resolution welcoming the Handicapped Travel Club's annual rally to Georgia.

HR 897. By Representative Moody of the 153rd: A resolution commending Reverend Robert E. Daugherty, Sr.

HR 898. By Representative Hays of the 1st:
A resolution recognizing the Chattanooga Vietnam Era Veterans Counseling Center on the occasion of the center's dedication ceremony.

HR 899. By Representative Cummings of the 17th: A resolution commending and congratulating Frank Burgess.

THURSDAY, MARCH 6, 1986

2135

HR 900. By Representative Padgett of the 86th: A resolution expressing regret at the passing of William R. Usry.

HR 901. By Representative Thomas of the 31st: A resolution commending Charsie Hedgepeth.

HR 902. By Representatives Jackson of the 9th, Lawson of the 9th and Wood of the 9th:
A resolution congratulating the Johnson High School "Knights" basketball team, the "Blue Crew."

HR 903. By Representatives Ware of the 77th and Milam of the 81st:
A resolution expressing condolences to the family of Dr. Howard Hilt Hammett, Jr.

HR 904. By Representatives Colwell of the 4th, Twiggs of the 4th, Jackson of the 9th, Dover of the llth, Ross of the 82nd and others:
A resolution expressing deepest regret at the untimely passing of Sheriff Harlan T. Duncan.

HR 905. By Representative Kilgore of the 42nd: A resolution commending Margaret Feagin.

HR 906. By Representative Smith of the 152nd: A resolution recognizing Scottie Davis.

HR 907. By Representative Smith of the 152nd: A resolution commending Big Red.

HR 908. By Representatives Lee of the 70th, Thomas of the 69th and Shepard of the 71st:
A resolution commending the Central High School Lions basketball team.

HR 909. By Representatives Lee of the 70th, Thomas of the 69th and Shepard of the 71st:
A resolution commending the Central High School Lionettes basketball team.

HR 910. By Representatives Lee of the 70th, Thomas of the 69th and Shepard of the 71st:
A resolution commending the Central High School Lions football team.

HR 911. By Representative Martin of the 26th: A resolution wishing Honorable Jennie C. Shanor a happy birthday.

HR 912. By Representatives Moore of the 139th, Jamieson of the llth, Moody of the 153rd, Branch of the 137th, Ramsey of the 155th and others:

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A resolution commending Pam Hartman.

HR 913. By Representatives Anderson of the 8th, Hasty of the 8th, Wood of the 9th and Barnett of the 10th:
A resolution expressing regret at the passing of Dr. Charles R. Andrews, Jr.

HR 914. By Representative Adams of the 79th: A resolution commending Mrs. Jean Ralston.

HR 915. By Representative Waldrep of the 80th: A resolution commending the Mary Persons High School Debate Team.

HR 916. By Representative Adams of the 79th: A resolution commending Mr. Keith McClelland.

HR 917. By Representative Adams of the 79th: A resolution commending Mr. George H. Hightower, Sr.

HR 918. By Representative Adams of the 79th: A resolution commending Mr. Al Milby.

HR 919. By Representative Adams of the 79th: A resolution commending Mr. John Harris.

HR 920. By Representative Adams of the 79th: A resolution commending Mr. Bob Nash.

HR 921. By Representatives Reaves of the 147th, Royal of the 144th, Sherrod of the 143rd, Hasty of the 8th, Carter of the 146th and others:
A resolution commending Rudy Underwood.

HR 922. By Representatives Holmes of the 28th, Benn of the 38th, Brown of the 88th, Couch of the 40th, Brooks of the 34th and others:
A resolution recognizing the South Fulton Running Partners and its mem bers.

HR 923. By Representatives Alford of the 57th, Mangum of the 57th and Athon of the 57th:
A resolution commending and recognizing the City of Lithonia, Georgia.

HR 924. By Representatives Sherrod of the 143rd, Long of the 142nd and Royal of the 144th:
A resolution commending the Brookwood Warriors Boys Football Team.

HR 925. By Representatives Wood of the 9th, Sizemore of the 136th, Hays of the 1st, Galer of the 97th, Branch of the 137th and others:

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2137

A resolution commending Arthur V. Akin.

HR 926. By Representative Thomas of the 69th: A resolution recognizing and commending Donald Stitcher.

HR 927. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A resolution commending Helen D. Roquemore.

HR 928. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
A resolution commending Judy Taylor, Gail Buckner, and Dawn Perry.

HR 929. By Representative Bailey of the 72nd:
A resolution congratulating Mr. and Mrs. Frank Irving Bailey, ST., on the occasion of their fiftieth wedding anniversary.

HR 930. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Johnson of the 72nd and Holcomb of the 72nd:
A resolution commending Anne T. Plant.

HR 931. By Representatives Johnson of the 72nd, Patten of the 149th, Jackson of the 65th and Lane of the lllth:
A resolution congratulating Atlanta Gas Light Company on its one hundredthirtieth anniversary.

HR 932. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd and Holcomb of the 72nd:
A resolution commending Jill Lucas.

HR 933. By Representative Martin of the 26th: A resolution commending Mr. C. Henry Smith.

HR 934. By Representative Greer of the 39th: A resolution commending Jerry Rhea.

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 850. By Representatives Childs of the 53rd, Sinkfield of the 37th, Redding of the 50th, Richardson of the 52nd, Williams of the 54th and others:
A resolution honoring Ronald E. McNair, expressing sorrow at his death, and inviting his family to appear before the House of Representatives.

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

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Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:

HB 1684. By Representatives Banner of the 131st and Sizemore of the 136th:
A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, generally, so as to provide for the investment and reinvestment of assets of local retirement sys tems under the same terms, conditions, limitations, and restrictions as are imposed on domestic life insurance companies.

HB 889. By Representatives Holmes of the 28th, Coleman of the 118th, Ramsey of the 3rd and Benn of the 38th:
A bill to amend Code Section 16-11-127 of the Official Code of Georgia Annotated, relating to prohibiting the carrying of deadly weapons to or at public gatherings, so as to provide an exception for retired peace officers; to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relat ing to definitions regarding employment and training of peace officers, so as to change the definition of the term "retired peace officer."

The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution of the House:

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 indemni fication with respect to the permanent disability of any law enforcement offi cer, fireman, or prison guard who was permanently 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 purpose.

The Senate insists on its amendment to the following Bill of the House:

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:
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.

The Senate insists on its substitute to the following Bill of the House:

HB 1953. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th, Phillips of the 120th and Lee of the 72nd:
A bill to amend Code Section 45-9-4 of the Official Code of Georgia Anno tated, relating to state liability insurance and self-insurance, so as to provide for insuring and self-insuring liability of officers of the state for separate

THURSDAY, MARCH 6, 1986

2139

insurance and self-insurance in connection with abatement and removal of asbestos and other hazardous materials from state facilities.

The Speaker assumed the Chair.

The Speaker announced the House in recess until 1:15 o'clock, this afternoon.

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AFTERNOON SESSION

The Speaker called the House to order.
The following Bills and Resolution of the House were taken up for the purpose of considering the Senate substitute or amendments thereto:
HB 328. By Representative Ross of the 82nd: A bill to amend Code Section 20-2-102 of the Official Code of Georgia Anno tated, relating to the qualifications of county school superintendents, so as to completely revise and provide for the qualifications of county and inde pendent school superintendents.
The following Senate amendment was read:
Amend HB 328 by striking after the word "experience" on Page 2, lines 2 and 3, the following language:
"in grades kindergarten through 12".
Representative Ross of the 82nd moved that the House agree to the Senate amend ment to HB 328.
On the motion, the ayes were 91, nays 0. The motion prevailed.
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 following Senate amendment was read:
Amend HB 377 by adding in the title on line 7 of page 1, immediately following the first semicolon and preceding the words "to repeal", the following:
"to authorize the court to supplement the agreement under certain conditions;". By striking the quotation marks on line 25 of page 1 and by adding after line 25 on page 1 the following: "(c) In its judgment, the court may supplement the agreement on issues not covered by such agreement.'"
Representative Steinberg of the 46th moved that the House disagree to the Senate amendment to HB 377.
The motion prevailed.

THURSDAY, MARCH 6, 1986

2141

HB 908. By Representative Daugherty of the 33rd:
A bill to amend Chapter 5 of Title 53 of the Official Code of Georgia Anno tated, relating to year's support for spouses and children for decedents' estates, so as to eliminate provisions for the determination of year's support by appraisers; to provide that an application for year's support shall contain a schedule of the property or a statement of the amount of money or both which the applicant proposes to have set aside as year's support.

The following Senate substitute was read:

A BILL
To amend Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to year's support for spouses and children from decedents' estates, so as to eliminate provisions for the determination of year's support by appraisers; to provide criteria for determining the amount of year's support; to change the period of time for which year's support may be granted; to clarify provisions relating to rights of redemption in property set aside; to provide that an application for year's support shall contain a schedule of the property or a statement of the amount of money or both which the applicant proposes to have set aside as year's support; to provide that if there is no objection year's support shall be set aside as proposed by the applicant; to provide that if there is objection the property or money or both to be set aside shall be determined by the judge of the probate court; to provide for procedures and for all related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to year's support for spouses and children from decedents' estates, is amended by striking Code Section 53-5-2, relating to the right to and procedure for setting aside year's support, and inserting in its place a new Code section to read as follows:
"53-5-2. (a) Among the necessary expenses of administration, and to be preferred before all other debts, except as otherwise specially provided, is the provision for the support of the family, to be ascertained as provided in this Code section.
(b) Upon the death of any person testate or intestate, leaving an estate solvent or insolvent and leaving a spouse, or a spouse and minor child or children, or minor child or children only, it shall fee the duty ef the judge ef the probate court, on the applica tion of the spouse, the guardian of the child or children, or any other person in their behalf, proceedings shall be held to appoint five discreet appraisers, ft shaH fee the duty ef the appraisers, er a majority of them, te set apart and assign to the spouse and chil dren, or children only, either in property or money, a sufficiency from the estate for their support and maintenance for the space of 12 months from the date ef administra tion, k ease there is administration ef th estate death of the testator or intestate, to
DC CStimfitCCl flCCOPQ1H^ TQ tilC ClfCUItt8 tflllCCS ftfrtl SLflUQtll^ Or tflC EflWllly prior tO tflC
death ef the testator et intestate determined using the criteria established in subsection (c) of this Code section and keeping in view also the solvency of the estate. If there is a spouse, the appraisers there shall also be set apart for the use of the spouse and the children a sufficient amount of the household furniture. T-he Notwithstanding any other provisions of this Code section, the amount set apart for the family shall in no event be less than the sum of $1,600.00 if the estate is of that value; and, if it appears upon a just appraisement of the estate that it does not exceed in value the sum of $1,600.00, excluding household goods and furnishings, it shall be the duty ef the appraisers te set apart the whole estate shall be set apart for the support and maintenance of the spouse and child or children or, if no surviving spouse, to the lawful guardian of the child or children, for their benefit; provided, however, that all taxes and liens for taxes accrued against the property set apart, and the any equity of redemption which is embraced i a year's support duty applicable to the property set apart, shall be divested as if the entire title were included in the year's support.

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(c) The amount to be set apart under subsection (b) of this Code section shall be an amount sufficient to maintain the standard of living that the surviving spouse and each minor child had prior to the death of the testator or intestate, taking into consider ation the following:
(1) The support available to the person, for whom the property or money is to be set apart, from sources other than year's support, including but not limited to any separate estate and earning capacity of that person; and
(2) Such other relevant criteria as the court deems equitable and proper. <e> (d) All applications for a year's support from the estate of a decedent shall be filed within three years from the date of death of the decedent; and, in addition thereto, application for a year's support by a spouse or for the benefit of a spouse must be made and filed during the time that the spouse is widowed and while the spouse is living and not otherwise."
Section 2. Said chapter is further amended by striking Code Section 53-5-4, relating to support for subsequent years, and inserting in its place a new Code section to read as follows:
"53-5-4. When an estate is to be kept together for more than 12 months and there are no debts to pay, the surviving spouse and minor children to be supported out of the estate shal!2 upon application and proceedings thereon as in the case of an initial year's support, have a year's support for each year that the estate may be kept together. The appraisers may act in the same capacity for the second and any subsequent year, er new appraisers may we appointed Dy tnc judge of tne proDate court to assign sucn support alter tnc tirst year.
Section 3. Said chapter is further amended by striking Code Section 53-5-6, relating to applications for year's support, and inserting in its place a new Code section to read as follows:
"53-5-6. All applications for year's support, if made for a surviving spouse or a minor or unborn child, shall contain the following information:
(1) If for a surviving spouse, the spouse's given names; maiden name, where appli cable; and deceased person's surname;
(2) If for a minor, the full name, birthdate (if known), and age. This information shall be furnished for each minor child for whom application is made; and
(3) If for an unborn child, the deceased father's surname and 'unborn child' in lieu of a given namer ] and
(4) A schedule of the property or a statement of the amount of money or both which the applicant proposes to have set aside as year's support."
Section 4. Said chapter is further amended by striking Code Section 53-5-7, relating to appraisal proceedings and the effect of year's support awards, and inserting in its place a new Code section to read as follows:
"53-5-7. {a)--The appraisers appointed by the jttdge ef- the probate eettrt te- set apart and assign te a surviving spouse, spouse and children, er children only, a year's support,
administration ef the estate of the decedent is pending er; if there is ne administration, ipom the county where trie decedcnt resided ftf. the time of hts desth. A TIC ftpprsiscrs
ctren, of children only, eitftep m ppopetty of m money, sod from property of tue deccTM dent whether located in the county ef- their appointment er m any ether county ef- thisstatc, a sufficiency frem the estate, in accordance with the provisions set ferth in Code
children, o? children only, to? the spsce of T& months. \u)--1 he return of the ftpprflisers snd the order of the couft thereon An order or the
court awarding year's support shall have the same force and effect as to property located outside of the county where the administration is pending or where the decedent resided at the time of his death as where property set aside is located in the county where the administration is pending or where the decedent resided at the time of his death; and

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title to property both inside and outside the county where administration is pending or where the decedent resided at the time of his death shall vest in the surviving spouse, spouse and children, or children only, as provided by law."
Section 5. Said chapter is further amended by striking subsections (a) and (b) of Code Section 53-5-8, relating to proceedings for year's support, and inserting in their place new subsections to read as follows:
\&) 1 ftc appraisers snail nfiQRe ft sciiGuuie oi tne property 01* a statemcut of tnc
to tne judge ot the prooate court witnm ay days irom tne date 'Ot tneir appointment. A copy of the return application filed with the judge of the probate court shall be mailed by the judge within five days to the tax commissioner or tax collector of any county in which property proposed to be set apart is located, if the property is in a county other than the county where the application for a year's support has been filed. Where any real property is included in the property proposed to be set apart and assigned as a year's support, the appraisers se appointed application for year's support shall fully and accurately describe the real property m their return and make a ptet tnereot. l ney srift11 nave the power to procure trie aid of trie county 8urveyOP OF otiier competent surveyor tft maKing trie survey find measurement ot tne real property so set apart showing the lengths of the boundary lines, except crooked natural boundaries, and the directions m which they rtm and setting oat aft original lines and natural boundaries so as to descriDe definitely and accurately tne real property set apart, wiiicn plat snail be made and recorded as a part of-the appraiser's return.
(b) Upon the filing of the return application, the judge shall issue citation and pub lish notice as required in the appointment of permanent administrators, citing all per sons concerned to show cause why the application for a year's support should not be granted. If no objection is made after the publication of the notice for four weeks or, if made, is disallowed, the judge shall record the return k a book te be kept for this purpose enter an order setting aside as year's support the property or money or both applied for, as set out in the application. If there is objection to the amount of money or the nature of property or both proposed to be set aside as year's support, the judge of the probate court shall determine the money or property or both to be set aside according to the standards set out in Code Section 53-5-2. If an appeal is taken, pending the appeal the family shall be furnished with necessaries by the representative of the estate."
Section 6. Said chapter is further amended by striking Code Section 53-5-9, relating to year's support for minor children of different spouses, and inserting in its place a new Code section to read as follows:
"53-5-9. If the decedent leaves minor children by different spouses, the appraisers judge of the probate court shall specify the portion going to the children of the former spouse or spouses, which portion shall vest in the children."
Section 7. Said chapter is further amended by striking subsection (a) of Code Section 53-5-10, relating to vesting of title of property set apart, and inserting in its place a new subsection to read as follows:
"(a) Title to the property set apart by th appraisers shall vest in the surviving spouse and child or children or, if there is no surviving spouse, in the children, share and share alike; and the property shall not be administered as the estate of the deceased spouse or parent."
Section 8. Said chapter is further amended by striking subsection (a) of Code Section 53-5-12, relating to charges and fees in year's support proceedings, and inserting in its place a new subsection (a) to read as follows:
"(a) The reasonable charges ef- the appraisers, te be assessed by the judge ef- the prebate court, ad the The fees of the judge of the probate court shall be paid by the appli cant for a year's support out of the fund set apart."
Section 9. This Act shall become effective July 1, 1986, and shall apply to applica tions for year's support filed on or after said effective date.

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Section 10. All laws and parts of laws in conflict with this Act are repealed.

Representative Randall of the 101st moved that the House agree to the Senate substi tute to HB 908.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M Aiken Alford Alien
Y Anderson YArgo Y Athon Y Atkins
Auten Y Bailey Y Balkcom
Bannister Y Bargeron
Barnett.B Barnett.M Beck Y Benefield Benn Birdsong
Bishop Bolster Bostick Y Branch Bray Brooks Y Brown,G Buck
Burruss
Byrd
Carter
Chambless Chance Y Cheeks Y Childers

N Childs Y Clark.B Y Clark.L
Colbert
Coleman Colwell Y Connell Y Cooper Copelan Y Couch
Cox
Y Crawford Y Crosby
Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover YDunn
Y Edwards Y Felton
Floyd Y Foster Y Galer
God bee Goodwin
Greene Greer Groover Y Hamilton Y Manner 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
Johnson.D Johnson.F Y Johnson.R Y Johnson,S Kilgore Kingston Y Lane,D Lane.R Y Lawler Lawrence Y Lawson Lee.C Lee.W Linder Y Logan YLong Lord Y Lucas
Lupton Y Maddox Y Mangum
Martin.C Y Martin,J
Matthews McDonald

On the motion, the ayes were 94, nays 2. The motion prevailed.

Y McKelvey McKinney
Y Milam Y Milford Y Moody
Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C
Padgett Y Pannell
Parham Y Parrish
Patten Y Peters Y Pettit
Phillips Y Pinkston
Porter
Y Rainey Y Ramsey.T
Ramsey,V Y Randall Y Ransom
Ray Reaves Y Redding Richardson N Robinson.C Y Robinson.P
YRoss Y Royal
Russell Y Selman

Y Shepard Y Sherrod Y Sinkfield
Sizemore Smith.L Y Smith.P Smith.T Smyre YSnow Y Stancil Y Steinberg Thomas.C Y Thomas.M
Thompson Y Townsend Y Triplett Y Twiggs
Y Waddle Y Waldrep
Walker.C Walker.L Y Wall Ware Watson Walts White Wilder Y Williams.B
Williams.J Williams.R Y Wilson Wood Workman Y Yeargin Young
Murphy.Spkr

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 Senate substitute was read:

A BILL
To amend Chapter 31 of Title 31 of the Official Code of Georgia Annotated, relating to the State Boxing Commission and licenses for boxing matches, so as to provide that it shall be unlawful for a professional boxer to participate in or attempt to participate in a boxing match while under the influence of alcohol or a drug; to provide for other matters and for penalties relative thereto; to provide for the repeal of said chapter on a certain

THURSDAY, MARCH 6, 1986

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date; to repeal a conflicting provision of the Act which created the State Boxing Commis sion and enacted said chapter, approved March 18, 1983 (Ga. L. 1983, p. 1986); 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 31 of Title 31 of the Official Code of Georgia Annotated, relating to the State Boxing Commission and licenses for boxing matches, is amended by desig nating the present language of Code Section 31-31-4.1, relating to physical examinations of professional boxers, as subsection (a) of said Code section and by adding at the end of said Code section a new subsection (b) to read as follows:
"(b) (1) It shall be unlawful for any professional boxer to participate or attempt to participate in a boxing match while under the influence of alcohol or any drug.
(2) A professional boxer shall be under the influence of alcohol or a drug for the purposes of paragraph (1) of this subsection if:
(A) A physical examination of the professional boxer provided for by subsection (a) of this Code section reveals that the professional boxer's mental or physical abil ity is impaired in any way as a direct result of the use of alcohol or a drug; and
(B) The physical examination of the professional boxer was made during a period of time beginning not more than six hours prior to the beginning of the boxing match and ending not more than one hour after the completion of the boxing match. (3) A professional boxer violating the provisions of paragraph (1) of this subsection may be punished by a fine not exceeding $25,000.00."
Section 2. Said chapter is further amended by adding at the end thereof a new Code Section 31-31-7 to read as follows:
"31-31-7. This chapter shall stand repealed in its entirety on June 30, 1989, and on that date the State Boxing Commission shall stand abolished."
Section 3. An Act which created the State Boxing Commission and enacted Chapter 31 of Title 31 of the Official Code of Georgia Annotated, approved March 18, 1983 (Ga. L. 1983, p. 941), is amended by repealing Section 3, which reads as follows:
"Section 3. This Act shall stand repealed in its entirety on June 30, 1986, notwith standing the terms of office of the members of the State Boxing Commission established by subsection (b) of quoted Code Section 31-31-2 of Section 1 of this Act.", in its entirety.
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.

Representative Lane of the 27th moved that the House agree to the Senate substitute to HB 1191.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Adams.G Y Adams.M
Aiken Y Alford
Alien Y Anderaon Y Argo Y Athon Y Atkins
Auten Y Bailey Y Balkcom
Bannister Y Bargeron

Y Barnett.B
Barnett,M Beck Y Benefield Benn
Y Birdsong Bishop Bolster Bostick
Y Branch
Bray Y Brooks Y Brown.G
Buck Burruss

Y Byrd
Carter Chambless Chance Y Cheeks
Y Childers Y Childs Y Clark.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 Y Dobbs
Y Dover Dunn
Y Edwards Y Felton
Floyd

Y Foster
Y Galer Godbee
Y Goodwin Greene
Greer Y Groover Y Hamilton Y Hanner
Harris
Y Hasty Y Hays Y Heard Y Hill Y Holcomb

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Y Holmes Y Hooks
Home Y Hudson
Isakson Y Jackson,J
Y Jackson.N Y Jamieson
Johnson.D Johnson.F
Y Johnson.R YJohnson,S
Kilgore Kingston Y Lane.D Lane.R Y Lawler Lawrence
Y Lawson Lee.C
Y Lee.W

Y Linder Logan
Y Long Lord
Y Lucas Y Lupton
Y Maddox Y Mangum
Martin.C Y Martin,J
Matthews McDonald Y McKelvey McKinney Y Milam Y Milford Y Moody Moore
Y Morton Y Mostiler Y Moultrie

Y Mueller Y Oliver.C
Padgett Y Pannell
Parham Y Parrish
Patten Peters Y Pettit Phillips
Y Pinkston Porter
Y Rainey Y Ramsey.T
Ramsey.V Randall Y Ransom Y Ray
Reaves Y Redding
Richardson

Y Robinson.C Y Robinson.P Y Ross Y Royal
Russell Y Selman
Y Shepard Y Sherrod Y Sinkfield
Sizemore
Smith.L Y Smith,? Y Smith.T
Smyre Snow Y Stancil Y Steinberg Thomas.C
Y Thomas.M Thompson
Y Townsend

On the motion, the ayes were 105, nays 0. The motion prevailed.

Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Walker.L
Y Wall Ware Watson
Y Watts
White Wilder Y Williams.B Williams,J Wilhams,R Y Wilson Wood Workman
Y Yeargm Young Murphy.Spkr

HR 593. By Representative Johnson of the 76th: A resolution compensating Wyman Nail, Jr., and Rhonda Nail.

The following Senate amendment was read:

Amend HR 593 by striking on Page 1, line 18 the figure "$2,045.60" and inserting in lieu thereof the figure "$681.87".

Representative Johnson of the 76th moved that the House disagree to the Senate amendment to HR 593.
The motion prevailed.

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 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.

The following Senate 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 generally, so as to provide that it shall be unlawful to alter the suspension system of trucks in certain gross vehicle weight rating categories in excess of certain specific limitations; to provide that it shall be unlawful to operate any truck upon any highway, roadway, or street if the suspension system has been altered to exceed such limitations; to define certain terms; to provide for criminal penalties; to repeal con flicting laws; and for other purposes.

THURSDAY, MARCH 6, 1986

2147

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 generally, is amended by adding a new Code Section immedi ately following Code Section 40-8-6, to be designated Code Section 40-8-6.1, to read as follows:
"40-8-6.1. (a) As used in this Code section, the term: (1) 'Frame' means the main longitudinal structural members of the chassis of a
truck. (2) 'Frame height' means the vertical distance between a level surface and the low
est point on the frame of a truck, measured when the truck is upon such level surface without a load.
(3) 'Gross vehicle weight rating' means the manufacturer's gross vehicle weight rating whether or not the vehicle is modified by use of parts not originally installed by the manufacturer. (b) It shall be unlawful to alter the suspension system of any truck with a gross vehi cle weight rating of 4,500 pounds or less, which may be operated on any public street or highway, so as to exceed 27 inches as measured from the surface of the street to the lowest point on the frame of the truck. (c) It shall be unlawful to alter the suspension system of any truck with a gross weight rating of not less than 4,501 pounds and not more than 7,500 pounds, which may be operated on any public street or highway, so as to exceed 30 inches as measured from the surface of the street to the lowest point on the frame of the truck. (d) It shall be unlawful to alter the suspension system of any truck with a gross vehi cle weight rating of not less than 7,501 pounds and not more than 14,000 pounds, which may be operated on any public street or highway, so as to exceed 31 inches as measured from the surface of the street to the lowest point on the frame of the truck. (e) It shall be unlawful to operate any truck upon any highway, roadway, or street if the suspension system has been altered in excess of the limitations provided for in this Code section. (f) Any person violating this Code section shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Dobbs of the 74th moved that the House agree to the Senate substi tute to HB 1257.
On the motion, 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 Auten
Y Bailey Y Balkcom
Bannister Y Bargeron Y Barnett.B
Barnett.M YBeck Y Benefield
Benn N Birdsong
Bishop Bolster Bostick
Y Branch YBray

Y Brooks Y Brown.G
Buck Burruss YByrd Carter Chambless Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark.L Colbert Y Coleman Colwell Y Connell Y Cooper Copelan Y Couch Cox Y Crawford Y Crosby Y Cummings Daugherty Y Davis

Dean Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Pelton
Floyd Y Foster Y Galer
Godbee Y Goodwin
Greene Greer Y Groover Hamilton Y Manner Harris Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks Home

N Hudson Isakson
Y Jackson,J Y Jackson.N Y Jamieson
Johnson,D Johnson.F Y Johnson.R Y Johnson.S Kilgore Kingston Y Lane.D Lane.R Y Lawler Lawrence Y Lawson Lee.C Y Lee.W Linder Logan Long Lord Y Lucas Y Lupton Y Maddox Y Mangum

Y Martin.C
Y Martin,J
Matthews McDonald Y McKelvey McKinney Y Milam N Milford N Moody
Moore Y Morion Y Mostiler Y Moultrie
Mueller N Oliver.C
Padgett Y Pannell
Par ham
Y Parrish Patten
Y Peters Y Pettit Y Phillips Y Pinkston Y Porter Y Rainey

2148

JOURNAL OF THE HOUSE,

V Ramsey.T
Rarnsey.V Randall Y Ransom YRay Reaves Y Redding Richardson Y Robinson.C Y Robinson,?

YRoss N Royal
Russell Y Selman Y Shepard Y Sherrod Y Sinkfield
Sizemore Smith.L
Y Smith.P

Smith.T Smyre Snow Y Stancil Y Steinberg Thomas.C Thomas,M Thompson Y Townsend Y Triplett

Y Twiggs Y Waddle N Waldrep
Walker.C
Walker,L Y Wall
Ware Watson Watts White

On the motion, the ayes were 98, nays 7. The motion prevailed.

Wilder Williams.B
Williams,J Y Williams.R Y Wilson Y Wood
Workman Y Yeargin
Young Murphy,Spkr

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 following Senate amendment was read:

Amend HB 1287 by adding in the title on line 21 of page 1 immediately following the semicolon and preceding the word "to", the following:
"to provide an effective date;"
By renumbering Section 4 on page 5 as Section 5 and adding between lines 17 and 18 on page 5 a new Section 4 to read as follows:
"Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."

Representative Walker of the 115th moved that the House agree to the Senate amend ment to HB 1287.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M Aiken
Y Alford Alien
Y Anderson YArgo Y Athon Y Atkins
Auten
Y Bailey Y Balkcom
Y Bannister Y Bargeron Y Barnett,B
Barnett.M YBeck Y Benefleld
Benn Y Birdsong
Bishop Bolster

Bostick Y Branch
Bray Y Brooks Y Brown.G
Buck Burruss YByrd Carter
Y Chambless 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

Cox
Y Crawford Y Crosby Y Cummings
Daugherty Y Davis
Dean
Y Dixon YDobbs Y Dover
Dunn Y Edwards Y Felton
Floyd Y Foster YGaler
God bee Y Goodwin
Greene Greer Groover Y Hamilton
Y Banner

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
Johnson,D Y Johnson.F Y Johnson.R Y Johnson.S
Y Kilgore Kingston
Y Lane,D Lane,R
Y Lawler

Lawrence
Y Lawson Lee,C
Y Lee.W Y Linder YLogan YLong
Lord Lucas Y Lupton Y Maddox Mangum Y Martin.C Y MartinJ Matthews
McDonald Y McKelvey
McKinney YMilam Y Milford Y Moody
Moore Y Morton

THURSDAY, MARCH 6, 1986

2149

Y Mostiler Y Moultrie Y Mueller YOliver.C Y Padgett Y Pannell
Parham Y Parrish
Patten Peters Y Pettit Phillips Y Pinkston

Y Porter Rainey
Y Ramsey.T Ramsey.V Randall
Y Ransom Y Ray
Reaves Y Redding
Richardson Y Robinson.C Y Robinson,P
Ross

Y Royal Russell
Y Selman Y Shepard Y Sherrod Y Sinkfield
Sizemore Y Smith,L Y Smith,?
Smith.T Smyre Snow Y Stancil

On the motion, the ayes were 113, nays 0. The motion prevailed.

Y Steinberg Y Thomas.C
Thomas.M 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 WilliamsJ Williams.R Y Wilson Wood Workman Y Yeargin Young Murphy.Spkr

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 Senate substitute was read:

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 of notarial certifications shall not apply to the attestation or witnessing of a deed or other instrument pertaining to real property; to provide that past or future failure to comply with certain requirements for the completion of notarial certifications on documents exe cuted 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 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 applicability; 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.

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JOURNAL OF THE HOUSE,

(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 3i (18) years old, and who reside in the county in which the individual makes application. The endorsement shall be in the following form:
I, (name of endorser), being 2i 18 years of age or older and a resident of (name of county), believe the applicant for a notary public commission, (name of applicant), who is not related to myself, to be a person of integrity, good moral character, and capable of performing notarial acts.
(date)

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 real property records maintained by any clerk of superior court or constitute record notice or actual notice of any matter to any person shall be ineli gible for recording or fail to constitute such notice because of noncompliance with the requirement 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:

THURSDAY, MARCH 6, 1986

2151

"(a) Notaries public shall have authority to: (1) Witness or attest signature or execution of deeds and other written instru
ments; (2) Take acknowledgements; 43} (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;
43} (4) Witness affidavits upon oath or affirmation; and (5) Take verifications upon oath or affirmation; 44} (6) Make certified copieSj 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 by 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 or any other instruments pertaining to real property.
(c) No document executed prior to July Jj 1986, which would otherwise be eligible for recording in the real property records maintained by any clerk of superior court or constitute 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 present or any prior requirements 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, or to subscribe affidavits er approve bonds for the purpose of issuing attach ments 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. 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

2152

JOURNAL OF THE HOUSE,

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 10. 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 11. All laws and parts of laws in conflict with this Act are repealed.

Representative Chambless of the 133rd moved that the House agree to the Senate substitute to HB 1283.
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 Y Argo Y Athon Y Atkins
Auten Y Bailey Y Balkcom
Y Bannister Y Bargeron Y Barnett.B
Harriett,M YBeck Y Benefield
Benn Birdsong Bishop Bolster Bostick Y Branch Bray Y Brooks Y Brown.G Buck Y Burruss Byrd Carter
Y Chambless Chance
Y Cheeks Y Childers

Y Childs Y Clark.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 Y Dobbs Y Dover
Dunn Y Edwards Y Felton
Floyd Y Foster Y Galer
Godbee Y Goodwin
Greene Greer
Y Groover Y Hamilton
Y Manner 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
Johnson,D Y Johnson.F Y Johnson,R
Johnson.S Kilgore Kingston Y Lane.D Lane.R Y Lawler
Lawrence Y Lawson
Lee.C YLee.W Y Linder Y Logan
YLong Lord
Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J
Matthews McDonald

On the motion, the ayes were 115, nays 0. The motion prevailed.

Y McKelvey McKinney
Y Milam Y Milford Y Moody
Moore
Y Morton Y Mostiler Y Moultrie
Mueller Y Oliver.C Y Padgett Y Pannell
Parham Y Parrish
Patten Peters Y Pettit Y Phillips Y Pinkston Y Porter
Y Rainey Y Ramsey.T
Ramsey.V Randall Y Ransom YRay Reaves Y Redding 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,?
Smith.T Smyre Y Snow Y Stancil Y Steinberg Thomas.C Thomas.M
Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Watson Y Watts White Y Wilder Y Williams.B Williams ,J Williams.R Y Wilson Wood Workman Y Yeargin Young Murphy.Spkr

THURSDAY, MARCH 6, 1986

2153

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.

The following Senate substitute was read:

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 docu ments filed with the Secretary of State; to provide for grounds upon which a corporate name reservation may be revoked by the Secretary of State; to provide that either articles of incorporation or bylaws may require greater than simple majority actions; to provide for shareholder notice provisions in the sale or disposition of corporate assets; to provide for certain filing fees for the Secretary of State; to change a certain title of the Secretary of State; to provide authority to the Secretary of State for the promulgation of rules and regulations for administration of corporations provisions; to provide for definitions regard ing certain corporations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 14 of the Official Code of Georgia Annotated, relating to corpora tions, partnerships, and associations, is amended by adding at the end of Code Section 14-2-5, relating to filing and correction of documents, a new subsection, to be designated subsection (d), to read as follows:
"(d) The Secretary of State shall retain original charter documents and any other original documents related thereto for a period of seven years, after which such docu ments shall be retained in microform. Annual reports and other such documents shall be retained for a period not to exceed five years."
Section 2. Said title is further amended by striking in its entirety subsection (e) of Code Section 14-2-41, relating to reservation of a corporate name, and inserting in its place a new subsection (e) to read as follows:
"(e) Th Prior to incorporation of a corporation, the Secretary of State may revoke any reservation if, after a hearing m his office, h finds that the application therefor er any transfer thereof was net made in geed faith after review, it is determined that the name reservation:
(1) Was not made in good faith: (2) Is presently reserved or in use by another corporation or is confusingly similar to another reserved or corporate name; (3) Was made without all fees being paid in full; or (4) Was made in violation of this chapter or any other law of this state."
Section 3. Said title is further amended by striking in its entirety paragraph (4) of subsection (c) of Code Section 14-2-172, relating to filing of articles of incorporation and certificate of corporate name, and inserting in its place a new paragraph to read as follows:
"(4) A letter addressed to the publisher of a newspaper which is the official organ of the county where the initial registered office of the corporation is to be located or which is a newspaper of general circulation published within said county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation. Said letter shall contain a notice to be published four times in said newspaper and shall be in substantially the following form:
(Name and address of the newspaper designated by the incorporator or incorporators or his or their representative)

2154

JOURNAL OF THE HOUSE,

o: rQ .
QlrS.
You are requested to publish, four times, a notice in the following form:
'______________________________ (name of corporation) has been duly incorporated on ___________ _____, 19__ (month, day, and year to be inserted by the Secretary of State), by the issuance of a certificate of incorpo ration by the Secretary of State, in accordance with the applicable provisions of the Georgia Business Corporation Code. The initial registered office of the corporation is located at ____________________ (address of registered office) and its initial registered (agent) (agents) at such address (is) (are) ________ (name or names of agent or agents).'
Enclosed is a (check, draft, or money order) in the amount of $60.00 in payment of the cost of publishing this notice.
Very truly yours,
(Name and address of incorporator or
incorporators or his or their representative)"
Section 4. Said title is further amended by striking in its entirety paragraph (1) of subsection (e) of Code Section 14-2-172, relating to filing of articles of incorporation and certificate of corporate name, and inserting in its place a new paragraph to read as follows:
"(1) Issue a certificate of incorporation in substantially the following form and attach it to one conformed copy of the articles of incorporation:
State of Georgia Office of the Secretary of State E* Officio Corporation Commissioner
This is to certify that ___________________ (the name of the corporation) has been duly incorporated under the laws of the State of Georgia on the __ day of ________, 19__ (insert date articles of incorporation are delivered for filing), by the filing of articles of incorporation in the office of the Secretary of State and the fees therefor paid, as provided by law, and that attached hereto is a true copy of said articles of incorporation.
Witness my hand and official seal, this ________ day of ___________, 19

Secretary of State E* Officio Corporation
Commissioner of the State of Georgia"
Section 5. Said title is further amended by striking in its entirety subsection (c) of Code Section 14-2-176, relating to bylaws of corporations, and inserting in its place a new subsection (c) to read as follows:
"(c) Action by the shareholders with respect to bylaws shall be taken by an affirma tive vote of a majority of all shares entitled to elect directors, and action by the direc tors with respect to bylaws shall be taken by an affirmative vote of a majority of all directors then holding office, unless in either case the articles of incorporation or bylaws shall require such action to be taken by a greater number."
Section 6. Said title is further amended by striking in its entirety paragraph (2) of Code Section 14-2-231, relating to the sale or other disposition of corporate property and assets requiring shareholder approval, and inserting in its place a new paragraph (2) to read as follows:

THURSDAY, MARCH 6, 1986

2155

14-2-260 and 14-2-261, written Written notice shall be given to each shareholder of record, whether or not entitled to vote at such meeting, not less than 20 days before such meeting, in the manner provided in Code Section 14-2-113 for the giving of notice of meetings of shareholders, and, whether the meeting is an annual or a special meeting, shall state that the purpose or one of the purposes is to consider the proposed sale, lease, exchange, or other disposition. The notice shall fairly summarize the material fea tures of the proposed transaction and; if such shareholders would be entitled to exercise rights under Code Sections 14-2-250 and 14-2-251, shall contain a clear and concise statement that, if the sale, lease, exchange, or other disposition is effected, shareholders dissenting therefrom are entitled, if they file a written objection to such transaction before the vote of the shareholders is taken thereon and comply with the further provi sions of Code Section 14-2-251 regarding the rights of dissenting shareholders, to be paid the fair value of their shares;".
Section 7. Said title is further amended by adding at the end of Code Section 14-2-372, relating to miscellaneous charges, three new paragraphs, to be designated para graphs (4), (5), and (6), to read as follows:
"(4) For filing a copy of a resolution creating a residential care facilities authority as provided in subsection (d) of Code Section 31-7-113............10.00
(5) For filing a copy of a resolution creating a downtown development authority as provided in subsection (b) of Code Section 36-42-5..............10.00
(6) For filing a copy of a resolution creating a development authority as provided in subsection (c) of Code Section 36-62-4...................................... 10.00"
Section 8. Said title is further amended by striking in its entirety Code Section 14-5-20, relating to the Secretary of State as ex officio corporation commissioner, and inserting in its place a new Code Section 14-5-20 to read as follows:
"14-5-20. The Secretary of State shall be ex officio corporation commissioner and shall be charged with the execution of the duties set forth in Chapters 2 through 5 of this title. Where the office of Secretary of State shall become vacant by resignation, death, or otherwise, his authority as ex officio corporation commissioner shall immedi ately vest in the assistant corporation commissioner who shall be charged with the execution of the duties of the Secretary of State set forth in this title until the office of Secretary of State ceases to be vacant."
Section 9. Said title is further amended by adding immediately following Code Section 14-5-22 a new Code section, to be designated Code Section 14-5-23, to read as fol lows:
"14-5-23. Notwithstanding any other law to the contrary, the Secretary of State may promulgate such rules and regulations, not inconsistent with the provisions of this title, which are incidental to and necessary for the implementation and enforcement of such provisions of this title as are administered by the Secretary of State. Such rules and regulations shall be promulgated in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
Section 10. Said title is further amended by striking in its entirety paragraph (3) of Code Section 14-7-2, relating to definitions concerning professional corporations, and inserting in its place a new paragraph (3) to read as follows:
"(3) 'Professional corporation' means a corporation; whether domestic or foreign, organized under Chapter 2 of this title which has elected to become subject to this chapter."
Section 11. All laws and parts of laws in conflict with this Act are repealed.
Representative Robinson of the 96th moved that the House agree to the Senate sub stitute to HB 1296.

2156

JOURNAL OF THE HOUSE,

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

Y Aaron Adams.G
Y Adams.M Aiken Alford
Y Alien Y Anderson Y Argo Y Athon Y Atkins
Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B
Barnett.M YBeck Y Benefield
Benn
Birdsong Bishop Bolster Bostick Branch Bray Y Brooks Y Brown.G Buck Y Burruss Byrd Carter Y Chambless Chance Y Cheeks Y Childers

Y Childs Clark.B
Y Clark.L Colbert Coleman
Y Colwell Y Connell
Cooper Copelan
Y Couch Cox
Y Crawford Y Crosby
Y Cummings Daugherty
Y Davis Dean
Y Dixon Y Dobbs Y Dover
Dunn Y Edwards
Y Felton Floyd
Y Foster Y Galer
God bee Y Goodwin
Greene Greer Y Groover Y Hamilton Y Manner Harris
Y Hasty YHays

Y Heard YHill Y Holcomb Y Holmes Y Hooks
Home Hudson Isakson Y Jackson.J Y Jackson.N Y Jamieson Johnson.D Y Johnson.F Y Johnson.R Y Johnson.S Kilgore Kingston Y Lane.D Lane.R Y Lawler Lawrence Y Lawson
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
McDonald

On the motion, the ayes were 111, nays 0. The motion prevailed.

Y McKelvey
McKinney Y Milam Y Milford Y Moody
Moore Y Morton Y Mostiler
Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell
Parham Y Parrish
Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Porter Y Rainey Y Ramsey/T
Ramsey.V Randall Y Ransom YRay Reaves Redding Richardson Y 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 Smyre YSnow
Y Stancil Steinberg
Y Thomas.C Thomas.M Thompson
Y Townsend Y Triplett Y Twiggs
Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware
Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Williams.R Y Wilson Wood Workman Y Yeargin
Young Murphy.Spkr

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.

The following Senate amendment was read:
Amend HB 1460 by adding on line 17 of page 1 after the following: "foregoing;", the following: "to provide an effective date;". By striking from line 19 of page 13 the words "expenses not to" and inserting in lieu thereof the following: "expenses. The combined audit expenses and actual expenses shall not". By adding between lines 27 and 28 of page 13 the following:

THURSDAY, MARCH 6, 1986

2157

"Section 10. This Act shall become effective August 1, 1986."
By striking from line 28 of page 13 the number "10" and inserting in lieu thereof the number "11".

Representative Hooks of the 116th moved that the House agree to the Senate amend ment to HB 1460.
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 Y Argo Y Athon Y Atkins
Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B
Barnett.M YBeck Y Benefield
Benn
Birdsong Bishop
Bolster Bostick
Y Branch YBray Y Brooks Y Brown.G
Buck Y Burruss YByrd
Carter
Y Chambless Chance
Y Cheeks
Y Childers

Y Childs Y Clark.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 Y Dobbs Y Dover
Dunn
Y Edwards Y Felton Y Floyd Y Foster Y Galer
Godbee Y Goodwin
Greene Greer Y Groover Y Hamilton Y Manner 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
Johnson.D Y Johnson.F Y Johnson.R Y Johnson.S
Kilgore Kingston Y Lane.D Lane,R Y Lawler Lawrence Y Lawson Lee.C Y Lee.W Y Under Y Logan YLong Lord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Matthews McDonald

On the motion, the ayes were 120, nays 0. The motion prevailed.

Y McKelvey McKinney
Y Milam 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 Y Phillips Y Pinkston Y Porter
Y Rainey Y Ramsey.T
Ramsey.V Y Randall Y Ransom YRay
Reaves Redding Richardson Y 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 Smyre YSnow Y Stancil Steinberg Y Thomas.C Thomas,M Thompson Y Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep Walker.C 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

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 Senate amendments were read:

Senate Amendment No. 1: Amend HB 1471 by striking from line 18 of page 1 the following: "declares it to be",

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JOURNAL OF THE HOUSE,

and inserting in its place the following: "j except as provided herein, declares it is".
Senate Amendment No. 2: Amend HB 1471 by inserting on line 6 of page 1 between "instances;" and "to" the following: "to provide for applicability". By inserting on line 2 of page 2 following "policy" the following: "This subsection shall not be construed to affect any litigation pending on July 1, 1986."

Representative Thomas of the 69th moved that the House agree to the Senate amend ments to HB 1471.
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 Anderaon YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B
Barnett.M YBeck Y Benefield
Benn Y Birdsong
Bishop Bolster Bostick Y Branch YBray Y Brooks Y Brown.G Buck Y Burruss YByrd Carter
Chambless Chance
Y Cheeks Y Childers

Y Childs Y Clark.B Y Clark.L
Colbert Coleman Colwell Y Connell Y Cooper Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty N Davis Dean Y Dixon YDobbs Y Dover Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer God bee Y Goodwin Y Greene Greer Y Groover Hamilton Y Manner 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
Johnson,S Kilgore Kingston Y Lane,D
Lane,R Y Lawler
Lawrence Y Lawson
Lee,C YLee.W Y Under
Y Logan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum
Martin.C Y Martin,J
Matthews McDonald

On the motion, the ayes were 122, nays 1. The motion prevailed.

Y McKelvey McKinney Milam
Y Milford Y Moody Y Moore Y Morion Y Mostiler Y Moultrie Y Mueller Y Oliver.C
Y Padgett Y Pannell
Parham Y Parrish
Patten Y Peters Y Pettit
Phillips Y Pinkston Y Porter Y Rainey
Y Ramsey.T Ramsey.V Randall
Y Ransom
YRay Reaves
Y Redding
Richardson Robinson.C Y Robinson.P YRoss Y Royal Russell Y Selman

Shepard Y Sherrod Y Sinkfield Y Sizemore
Y Smith.L Y Smith.P
Smith.T Smyre YSnow Y Stancil Steinberg Y Thomas.C Thomas.M Thompson Y Townsend Y Triplett Y Twiggs
Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Y Williams.R Wilson Y Wood Y Workman Y Yeargin Young Murphy.Spkr

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

THURSDAY, MARCH 6, 1986

2159

ordinances and over such other matters as are by general law made subject to the jurisdiction of municipal courts.

The following Senate substitute was read:

A BILL
To amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to courts of municipal corporations, so as to provide that each municipal corporation of this state shall, unless otherwise provided in the local law relating to a particular munici pal corporation, be authorized to establish and maintain a municipal court having jurisdic tion over the enforcement of municipal ordinances and over such other matters as are by general law made subject to the jurisdiction of municipal courts; to provide that any municipal court shall, unless otherwise provided in the local law relating to a particular municipal court, be authorized to impose any sentence up to the maximums specified by general state law; to provide that such provisions and other provisions relating to munici pal court shall apply to all courts of municipal corporations, whether styled as a municipal court, corporate court, police court, recorder's court, or mayor's court or called by some other name; to provide for all related matters; to provide for the construction and applica bility of this Act with respect to certain actions and the use of certain records and docu ments; 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 32 of Title 36 of the Official Code of Georgia Annotated, relating to courts of municipal corporations, is amended by striking Code Section 36-32-1, relating to selection of officers to preside over municipal courts, and inserting in its place a new Code section to read as follows:
"36-32-1. (a) Each municipal corporation of this state shall, unless otherwise pro vided in the local law relating to a particular municipal corporation, be authorized to establish and maintain a municipal court having jurisdiction over the violation of municipal ordinances and over such other matters as are by general law made subject to the jurisdiction of municipal courts. Any such court shall be styled as a municipal court. Any reference in this Code or in any local law to a corporate court, police court, recorder's court, mayor's court, or any such court known by any other name which has jurisdiction over the violation of municipal offenses shall be deemed to mean a munici pal court.
(b) The provisions of this chapter shall apply equally to all municipal courts, whether heretofore styled as a municipal court, corporate court, police court, recorder's court, or mayor's court or called by some other name and whether established by the municipal corporation under authority granted to the municipal corporation or estab lished by the local law relating to a particular municipal corporation.
(c) Each municipal court of this state, unless otherwise provided in the local law relating to a particular municipal court, shall be authorized to impose any punishment up to the maximums specified by general law, including the maximums specified in subparagraphs (a)(2)(B) and (a)(2)(C) of Code Section 36-35-6.
{a} (d) The governing bodies of the municipal corporations of this state having a corporate, police, recorder's, ef mayor's municipal court are authorized and empowered, either by ordinance or resolution, to select, elect, or appoint either a mayor pro tempore or a recorder pro tempore to hold and preside over such corporate, police, recorder's, er mayor's municipal court in the absence or disqualification of the mayor or recorder. While presiding in such corporate courts, the mayor pro tempore or recorder pro tem pore shall have such power, authority, and jurisdiction as is given by the charter of the municipal corporation to its mayor or recorder.
{b} (e) Subsection (a) (d) of this Code section shall not affect any municipal corpora tion for which provision is made in the charter for the appointment or selection of a mayor pro tempore or a recorder pro tempore."

2160

JOURNAL OF THE HOUSE,

Section 2. The provisions of this Act shall not be construed so as to affect the valid ity of any action or prosecution commenced on or before the effective date of this Act. Any citations, dockets, pleadings, forms, documents, or other records which were on hand or which had been contracted for on or before the effective date of this Act may continue to be used until such time as the supply of such records has been exhausted, notwith standing the fact that such records refer to a corporate court, police court, recorder's court, or mayor's court or to some other name; and the use of said records shall not affect the validity of any action or prosecution.
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 Logan of the 67th moved that the House agree to the Senate substi tute to HB 1476.
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 YArgo Y Athon Y Atkins Y Auten Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett.B
Barnett.M YBeck Y Benefield
Benn Y Birdsong
Bishop Y Bolster
Bostick Y Branch YBray Y Brooks Y Brown.G
Buck Y Burruss YByrd
Carter Chambless Chance Y Cheeks Y Childers

Y Childs Y Clark.B Y Clark.L Y Colbert
Coleman Colwell Y Connell Y Cooper Copelan Y Couch Cox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Dunn Y Edwards Y Felton Floyd Foster Y Galer God bee Y Goodwin Greene Y Greer Y Groover Hamilton Y Banner 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
Johnson.S Y Kilgore
Kingston Y Lane.D Y Lane.R Y Lawler Y Lawrence Y Lawson
Lee.C YLee.W Y Under Y Logan YLong YLord Y Lucas
Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J
Matthews McDonald

On the motion, the ayes were 125, nays 0. The motion prevailed.

Y McKelvey McKinney
Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie
Mueller Y Oliver.C Y Padgett Y Pannell
Parham Y Parrish
Patten Peters Y Pettit Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Ramsey.V Randall Y Ransom YRay Reaves Redding 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
Smith.T Smyre YSnow Y Stancil Steinberg Y Thomas.C Thomas.M Thompson Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Y Williams,R Wilson Y Wood Y 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 adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

THURSDAY, MARCH 6, 1986

2161

HB 1607. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to grant exemptions from Henry County School District ad valorem taxation to certain elderly and disabled residents of Henry County; to pro vide the amount of and qualifications for said exemptions; to supersede and repeal that constitutional amendment relating to homestead exemptions from Henry County School District taxes which is set out at Ga. L. 1982, p. 2515.

The President has appointed on the part of the Senate the following: Senators Horton of the 17th, Allgood of the 22nd and Starr of the 44th.

The Senate insists on its substitute to the following Resolution of the House:

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.

The Senate insists on its substitute to the following Bill of the House:

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 Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

HB 2071. By Representative Kingston of the 125th:
A bill to propose the incorporation and provide a proposed charter for the City of Islands in Chatham County.
The following Resolution of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HR 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.
Representative Wall of the 61st moved that the House recede from its position in disagreeing to the Senate substitute to HR 517, and that the Senate substitute be agreed to.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M

Aiken Y Alford Y Alien

Anderson Y Argo Y Athon

Y Atkins Y Auten Y Bailey

Balkcom Y Bannister Y Bargeron

2162

JOURNAL OF THE HOUSE,

Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong
Bishop Bolster Y Bostick Y Branch YBray N Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter
Y Chambless Chance
Y Cheeks Y Childers
Childs Y Clark.B Y Clark.L Y Colbert Y Coleman
Colwell 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
Edwards Y Felton
Floyd Y Foster
N Galer God bee
Y Goodwin Greene
Y Greer Y Groover
Hamilton Manner Y Harris
Y Hasty YHays Y Heard YHill Y Holcomb N Holmes Y Hooks
Home Y Hudson Y Isakson Y Jackson,J

Y Jackson.N Y Jamieson Y Johnson.D Y Johnson.F Y Johnson.R
Johnson,S Y Kilgore
Kingston Y Lane.D Y Lane.R N Lawler Y Lawrence Y Lawson
Lee.C Y Lee.W
Y Under Y Logan
YLong YLord
Lucas Y Lupton
Maddox Y Mangum Y Martin.C N Martin.J
Matthews McDonald Y McKelvey McKinney Y Milam Milford Y Moody Y Moore

Y Morton Y Mostiler Y Moultrie
Mueller Y Oliver.C
Y Padgett Y Pannell
Par ham Y Parrish
Patten Y Peters Y Pettit
Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Reaves Y Redding N Richardson Robinson,C Y Robinson.P YRoss Y Royal Russell Y Selman Shepard Y Sherrod Y Sinkfield

On the motion, the ayes were 121, nays 7. The motion prevailed.

Y Sizemore Y Smith.L Y Smith.P
Smith.T Smyre Y Snow N Stancil Steinberg Thomas.C Thomas.M Thompson Y Townsend Y Triplet! Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L
Y Wall Ware Watson
Y Watts White
Y Wilder Y Williams.B
Williams,.! Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy,Spkr

The Speaker Pro Tern assumed the Chair.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 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:
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.

Representative Kilgore of the 42nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 1469 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 Kilgore of the 42nd, Williams of the 6th and Dover of the llth.

THURSDAY, MARCH 6, 1986

2163

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

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.

The following Senate substitute was read:

A BILL
To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, 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; to provide for the issuance of special license plates to commemorate the founding of Morris Brown College; 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. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles in general, is amended by adding immediately after Code Section 40-2-29.3 a new Code Section 40-2-29.4 to read as follows:
"40-2-29.4. (a) Georgia State University having been established as the School of Commerce at the Georgia Institute of Technology in the 1913-1914 academic year under the direction of Professor Wayne Sailley Kell, there shall be issued in 1988 special license plates to commemorate the seventy-fifth anniversary of the establishment of that university.
(b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the seventy-fifth anniversary of the founding of Georgia State University. It shall not be a requirement that a county name decal be affixed and displayed on license plates under this Code section.
(c) In calendar years 1988 through 1989, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a $25.00 manufacturing fee in addi tion to the regular motor vehicle registration fee, shall be issued such a special license plate.
(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 December 31, 1989."
Section 2. Said article is further amended by adding immediately after Code Section 40-2-29.4 a new Code Section 40-2-29.5 to read as follows:
"40-2-29.5. (a) To commemorate the founding of Morris Brown College there shall be issued in 1987 special license plates to commemorate the founding of that college.
(b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the founding of Morris Brown College. It shall not be a requirement that a county name decal be affixed and displayed on license plates under this Code section.
(c) In calendar year 1987, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of

2164

JOURNAL OF THE HOUSE,

motor vehicles and upon the payment of a $25.00 manufacturing fee in addition to the regular motor vehicle registration fee, shall be issued such a special license plate. Special license plates issued on or after January 1, 1987, under this Code section shall be used until the expiration of other seven-year license plates issued on or after January 1, 1983, as provided in Code Section 40-2-29.
(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 December 31, 1989."
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 amendment was read and adopted:

Representative Richardson of the 52nd moves to amend the Senate Substitute to HB 1384 by striking from line 31 of page 2 the following:
"year 1987", and inserting in its place the following:
"years 1987 through 1989".

Representative Richardson of the 52nd moved that the House agree to the Senate sub stitute, as amended by the House, to HB 1384.
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
YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn
Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Y 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
Cohvell
Connell Y Cooper
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 Y Galer YGodbee Y Goodwin Y Greene
Y Greer Y Groover
Hamilton Manner Y Harris Y Hasty Hays

Y Heard
YHill Y Holcomb Y Holmes Y Hooks
Home
Y Hudson Y Isakson Y Jackson,J Y Jackson,N Y Jamieson Y Johnson.D Y Johnson.F Y Johnson.R Y Johnson,S Y Kilgore
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
Lupton Maddox Mangum
Y Martin.C Y Martin,J
Matthews Y McDonald

Y McKelvey McKinney Milam
Y Milford Y Moody Y Moore
Y Morton Y Mostiler
Moultrie 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 Y Ramsey.V YRandall Y Ransom
Ray Reaves Y Redding Y Richardson Robinson,C Y Robinson.P YRoss Y Royal Russell Y Selman

Shepard
Y Sherrod Y Sinkfield Y Sizemore
Smith.L Y Smith,P
Smith,T
Smyre
Snow Y Stancil Y Steinberg
Thomas.C Thomas,M Thompson Townsend Y Triplett Twiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Watson Watts White Y Wilder Y Williams,B Y Williams,J Y Williams,R
Y Wilson YWood Y Workman Y Yeargin
Young Murphy.Spkr

THURSDAY, MARCH 6, 1986

2165

On the motion, the ayes were 130, nays 0. The motion prevailed.

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

SB 465. By Senators Howard of the 42nd, Starr of the 44th, Trulock of the 10th and others:
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 change certain provisions relating to the establishment and desig nation of community work experience programs; to change the scope of such programs and require registration and participation therein under certain conditions.

Representative Dover of the llth moved that the House insist on its position in sub stituting SB 465.
The motion prevailed.

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

Mr. Speaker: The Senate insists on its amendment to the following Resolution of the House:

HR 567. By Representative Ross of the 82nd: A resolution compensating Miss Annie M. Peterson.

The Senate insists on its substitute to the following Bill of the House:

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 Speaker assumed the Chair.

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

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.

The following report of the Committee of Conference was read:

2166

JOURNAL OF THE HOUSE,

COMMITTEE OF CONFERENCE REPORT ON HB 1538

The Committee of Conference on HB 1538 recommends that the Senate recede from

its position and that HB 1538 as

by the House of Representatives be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Lawrence Stumbaugh Senator, 55th District
/s/ J. Nathan Deal Senator, 49th District
/s/ Roy E. Barnes Senator, 33rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ J. Crawford Ware Representative, 77th District
/s/ Denmark Groover Representative, 99th District
/s/ Dean G. Auten Representative, 156th District

Representative Ware of the 77th moved that the House adopt the report of the Committee of Conference on HB 1538.
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
Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y 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 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 Y Colwell Y Connell Y 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 Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Greene
Y Greer Y Groover
Hamilton Hanner Y Harris Y Hasty YHays

Y Heard YHill
Y Holcomb Y Holmes Y Hooks
Home Y Hudson
Isakson Y Jackson,J
Jackson.N Y Jamieson Y Johnson.D Y Johnson,F Y Johnson,R
Y Johnson.S Y Kilgore
Kingston Y Lane.D
Y Lane.R Lawler Lawrence
Y Lawson Y Lee.C Y Lee.W Y Linder Y Logan
YLong YLord
Lucas Y Lupton Y Mflddox Y Mangum
Y Martin.C Y Martin,J
Matthews
Y McDonald

On the motion, the ayes were 141, nays 0. The motion prevailed.

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 Y Pinkston Y Porter Y Rainey
Y Ramsey.T Y Ramsey.V Y Randall
Y Ransom YRay
Reaves Y Redding
Richardson Robinson.C Y Robinson,?
YRoss Y Royal Y Russell Y Selman

Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith,?
Smith.T Smyre YSnow Y Stancil
Y Steinberg Thomas.C
Y Thomas.M Thompson
Y Townsend Y Triplett Y Twiggs
Y Waddle Y Waldrep
Walker.C Y Walker,L Y Wall
Ware Watson 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

The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendment thereto:

THURSDAY, MARCH 6, 1986

2167

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 following Senate amendment was read:

Amend HB 1579 by striking the quotation marks on line 12 of page 4 and by inserting between lines 12 and 13 of page 4 the following:
"(d) This Code section shall apply only to municipalities where the county-wide referendum is held on or after the effective date of this Code section.'"

Representative Connell of the 87th moved that the House agree to the Senate amend ment to HB 1579.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M Y Aiken N Alford Y Alien
Anderson YArgo N Athon Y Atkins Y Auten
Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B
Y Barnett,M YBeck Y Benefield
Benn Y Birdsong Y Bishop
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
Clark.L Colbert Y Coleman Y Colwell Y Connell
Y Cooper Copelan
Y Couch YCox Y Crawford
Crosby
N Cummings Daugherty
Y Davis
Dean Y Diion Y Dobbs Y Dover Y Dunn
Y Edwards Y Felton Y Floyd
Foster Y Galer YGodbee Y Goodwin Y Greene Y Greer Y Groover
Hamilton Y Manner Y Harris Y Hasty YHays

Y Heard YHill Y Holcomb Y Holmes
Y Hooks Home
N Hudson Isakson
Y Jackson,J Jackson,N
Y Jamieson Y Johnson,D Y Johnson,F Y Johnson.R Y Johnson,S Y Kilgore
Kingston Y Lane,D Y Lane.R
Lawler N Lawrence Y Lawson Y Lee.C YLee.W N Linder Y Logan
YLong YLord Y Lucas Y Lupton Y Maddox N Mangum
Martin.C Y Martin,J
Matthews Y McDonald

McKelvey McKinney Milam
N Milford
Moody Y Moore N Morton Y Mostiler
Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish
Patten Y Peters N Pettit Y Phillips
Pinkston Y Porter
Y Rainey Y Ramsey.T Y Ramsey.V Y Randall
Y Ransom
YRay Reaves
Y Redding Richardson Robinson,C
Y Robinson.P
YRoss Y Royal
Russell
Y Selman

N Shepard Y Sherrod Y Sinkfield Y Sizemore
Smith,L Y Smith.P
Smith.T
Smyre YSnow Y Stancil Y Steinberg
Thomas.C Y Thomas.M
Thompson Y Townsend Y Triplett Y Twiggs Y Waddle N Waldrep
Walker.C Y Walker,L Y Wall
Ware Watson Watts White N Wilder Y Williams,B Y Williams,J Y Williams.R Y Wilson Y Wood N Workman Y Yeargin Y Young Murphy,Spkr

On the motion, the ayes were 124, nays 14. The motion prevailed.

HB 1658. By Representative Walker of the 85th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to

2168

JOURNAL OF THE HOUSE,

exempt from the return and payment of ad valorem taxes certain tangible personal property if the value of that property does not exceed $1,000.00.

The following Senate substitute was read:

A BILL

To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to exempt from the return and pay ment of ad valorem taxes certain tangible personal property if the value of the property does not exceed $500.00; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, is amended by adding following Code Section 48-5-42 a new Code Section 48-5-42.1 to read as follows:
"48-5-42.1 (a) It is the intent of this Code section to exempt from the payment of ad valorem taxation certain tangible personal property on which the tax due exceeds the reasonable cost of administering and collecting the tax.
(b) All tangible personal property of a taxpayer, except motor vehicles, trailers, and mobile homes, shall be exempt from all ad valorem taxation if the actual fair market value of the total amount of taxable tangible personal property owned by the taxpayer within the county, as determined by the board of tax assessors, does not exceed $500.00."

Section 2. The Secretary of State shall call and conduct a referendum for the approval or disapproval of this Act on the date of and in conjunction with the November, 1986, general election. The Secretary of State shall cause the date and purpose of the referendum to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Act be approved which grants an exemption from the payment of ad valorem taxes on certain tangible personal property if the total value of taxable tangible personal property owned by the taxpayer within the county does not exceed $500.00?"

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, then Section 1 of this Act shall become effective on January 1, 1987, and shall apply to all tax years beginning on or after that date; otherwise, Section 1 of this Act shall be void.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 85th moved that the House agree to the Senate substi tute to HB 1658.
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 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 Y Birdsong Y Bishop
Bolster Y Bostick
Y Branch Y Bray Y Brooks

Brown.G
Y Buck Burruss
Y Byrd 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
Copelan

THURSDAY, MARCH 6, 1986

2169

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
Foster Y Galer YGodbee Y Goodwin
Y Greene Y Greer
Y Groover 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 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 N Lawrence
Y Lawson YLee.C Y Lee.W N Linder Y Logan YLong

YLord Lucas
Y Lupton Y Maddox Y Mangum
Martin.C
Y Martin,J Matthews McDonald
Y McKelvey McKinney Milam
Y Milford Y Moody Y Moore N Morton
Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett
Pannell Y Parham
Y Parrish Patten
Y Peters Y Pettit

On the motion, the ayes were 140, nays 4. The motion prevailed.

Y Phillips Pinkston
Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
Ray Y Reaves Y Redding
Richardson Robinson,C Y Robinson,P
YRoss Y Royal
Russell
Y Selman N Shepard Y Sherrod Y Sinkfield Y Sizemore
Smith.L Y Smith.P
Smith.T Smyre YSnow

Y Stancil Y Steinberg
Thomas.C Y Thomas.M
Thompson Y Townsend Y Triplett Y Twiggs
Waddle Y Waldrep Y Walker.C
Y Walker,L Y Wall YWare
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

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 following Senate substitute was read:

A BILL
To amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Anno tated, relating to dangerous instrumentalities and practices, so as to change the provisions relating to possession of a firearm or knife during the commission or attempted commis sion of certain crimes; to provide that the definition of firearms shall include stun guns and tasers; to include trial judges within the list of persons exempt from certain provisions relating to carrying weapons; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Anno tated, relating to dangerous instrumentalities and practices, is amended by striking in its entirety Code Section 16-11-106, relating to possession of a firearm or knife during the commission or attempted commission of certain crimes, and inserting in its place a new Code Section 16-11-106 to read as follows:
"16-11-106. (a) For the purposes of this Code section, the term 'firearm' shall include stun guns and tasers. A stun gun or taser is any device that is powered by elec trical charging units such as batteries and emits an electrical charge in excess of 20,000 volts or is otherwise capable of incapacitating a person by an electrical charge.
{a} (b) Any person who shall have on his person a firearm or a knife having a blade of three or more inches in length during the commission of, or the attempt to commit:
(1) Any crime against or involving the person of another; (2) The unlawful entry into a building or vehicle;

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JOURNAL OF THE HOUSE,

(3) A theft from a building or theft of a vehicle; (4) Any crime involving the possession, manufacture, delivery, distribution, dis pensing, administering, selling, or possession with intent to distribute any controlled substance as provided in Code Section 16-13-30; or (5) Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as provided in Code Section 16-13-31, and which crime is a felony, commits a felony and, upon conviction thereof, shall be punished by confinement for a period of five years, such sentence to run consecutively to any other sentence which the person has received. {b} (c) Upon the second or subsequent conviction of a person under this Code section, the person shall be punished by confinement for a period of ten years. Notwith standing any other law to the contrary, the sentence of any person which is imposed for violating this Code section a second or subsequent time shall not be suspended by the court and probationary sentence imposed in lieu thereof. (e) (d) The punishment prescribed for the violation of subsections <a> (b) and fb> (c) of this Code section shall not be reducible to misdemeanor punishment as is provided by Code Section 17-10-5. id) (e) Any crime committed in violation of subsections {a} (b) and {b} (c) of this Code section shall be considered a separate offense."
Section 2. Said article is further amended by striking paragraphs (8) and (9) of subsection (a) of Code Section 16-11-130, relating to exemptions from the application of certain criminal provisions relating to carrying a concealed weapon, carrying deadly weapons to or at public gatherings, and carrying a pistol without a license, and inserting in their place new paragraphs (8), (9), and (10) to read as follows:
"(8) Probation supervisors employed by and under the authority of the Department of Corrections pursuant to the 'State-wide Probation Act' when specifically designated and authorized in writing by the director of Division of Probation; and
(9) Public safety directors of municipal corporations?; and (10) Trial judges."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Colbert of the 23rd moved that the House agree to the Senate substi tute to HB 1109.
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 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
Benn Y Birdsong Y Bishop
Bolster Y Bostick
Branch YBray
Brooks

Y Brown.G YBuck
Y Burruss YByrd Y Carter
Chambless Y Chance Y Cheeks Y Childers Y Childs N Clark.B Y Clark.L Y Colbert Y Coleman N Colwell Y Connell Y Cooper Y Copelan
Y Couch YCox
Crawford Y Crosby Y Curamings
Daugherty N Davis
Dean Y Dixon

N Dobbs
N Dover Dunn
Y Edwards Felton
Y Floyd N Foster Y Galer
Y Godbee Y Goodwin
Y Greene Greer 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
Johnson,D Y Johnson.F Y Johnson.R Y Johnson.S Y Kilgore
Kingston Y Lane.D Y Lane.R Y Lawler
N Lawrence Y Lawson
Y Lee.C Y Lee.W Y Linder Y Logan
Long YLord Y Lucas Y Lupton Y Maddox Y Mangum
Martin.C Martin,J Matthews McDonald

Y McKelvey McKinney
Y Milam Y Milford Y Moody Y Moore N Morton Y Mostiler
Moultrie N Mueller Y Oliver.C
Y Padgett Y Pannell
Y Parham Y Parrish
Patten Peters Y Pettit Phillips Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay

THURSDAY, MARCH 6, 1986

2171

Y Reaves N Redding
Richardson
Robinson.C
Y Robinson.P Y Ross Y Royal
Russell Y Selman

N Shepard Sherrod
Y Sinkfield
Y Sizemore
Y Smith.L Y Smith.P
Smith.T Y Smyre
Snow

N Stancil Steinberg
Y Thomas.C
Y Thomas.M
Thompson Y Townsend Y Triplett N Twiggs Y Waddle

On the motion, the ayes were 125, nays 13. The motion prevailed.

Waldrep Y Walker.C Y Walker.L
Y Wall
Y Ware Y Watson Y Watts
White Wilder

Y Williams.B Y WilliamsJ Y Williams.R
Y Wilson
Y Wood Y Workman Y Yeargin
Young Murphy.Spkr

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

The following Senate substitute was read:
A BILL
To amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to superior courts in general, so as to provide that the base salary of each secretary of each judge of the superior courts shall be established on a pay schedule begin ning at Step 1 and ending at Step 7; to change provisions relating to authorization of supe rior court judges to accept and receive reimbursement for the actual expenses of continuing judicial education; to eliminate the maximum amount of such reimbursement; 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 1 of Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to superior courts in general, is amended by striking in its entirety para graph (1) of subsection (c) of Code Section 15-6-25, relating to the employment, status, and compensation of secretaries of judges of the superior courts, and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) The base annual salary of each secretary shall be established on a pay schedule beginning at Step 1 which shall be $13,956.00 annually and ending at Step 6 7 which shall be $18,703.00 annually. Each step within said schedule shall be equal to an amount 5 percent greater than the previous step."
Section 2. Said title is further amended by striking Code Section 15-6-32, relating to authorization of superior court judges to accept and receive reimbursement for the actual expenses of continuing judicial education, and inserting in its place a new Code Section 15-6-32 to read as follows:
"15-6-32. Any other law to the contrary notwithstanding, the judges of the superior courts of this state are authorized to accept and receive reimbursement for the actual expenses of continuing judicial education within the state and out-of-state in the same manner as members of the General Assembly in attendance at conferences and meetings. Such reimbursement, whether for education within or outside the state, shall further include any tuition fees, registration fees, or other similar expenses necessary to receive such education. All requests for attendance at educational seminars shall be submitted to the Institute of Continuing Judicial Education for prior approval. T-he expenses skati net exceed the 9tH ef- $3,600.00 for each superior court judge every fear yearsr"

2172

JOURNAL OF THE HOUSE,

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 Logan of the 67th moved that the House agree to the Senate substi tute to HB 1696.
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
Anderson Y Argo Y Athon Y Atkins YAuten Y Bailey
Balkcom N Bannister Y Bargeron Y Barnett.B
Barnett.M YBeck Y Benefield
Benn Birdsong Bishop Bolster Y Bostick Y Branch YBray
Y Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless
Chance Y Cheeks Y Childere

Childs N Clark.B Y Clark.L
Colbert Y Coleman
Colwell Y Connell
Cooper
Copelan Y Couch
Cox N Crawford Y Crosby N Cummings
Daugherty N Davis
Dean Y Diion N Dobbs Y Dover Y Dunn
Edwards Y Felton
Floyd
Y Poster Y Galer
God bee Y Goodwin Y Greene YGreer
Groover 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 Y Jamieson Y Johnson.D Y Johnson.F Y Johnson,R Y Johnson,S Y Kilgore
Kingston Y Lane,D
Lane.R N Lawler Y Lawrence Y Lawson
Lee,C YLee.W Y Under Y Logan
YLong YLord
Lucas Y Lupton
Maddox Y Mangum Y Martin.C Y Martin,J
Matthews McDonald

On the motion, the ayes were 118, nays 9. The motion prevailed.

Y McKelvey McKinney
YMilam Y Milford Y Moody Y Moore
N Morton Y Mostiler Y Moultrie
Mueller Y Oliver.C Y Padgett Y Pannell
Parham Y Parrish
Patten Y Peters Y Pettit
Phillips Pinkston Y Porter YRainey Ramsey.T Y Ramsey.V Y Randall 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 Y Smith,?
Smith.T Smyre YSnow Y Stancil Y Steinberg Y Thomas.C Thomas,M Thompson Y Townsend Y Triplett
Twiggs Y Waddle
Y Waldrep Walker.C
Y Walker.L Y Wall
Ware Watson Y Watts White N Wilder Y Williams,B Y Williams,.) Y Williams,R Y Wilson YWood Y Workman Y Yeargin
Young Murphy,Spkr

HB 889. By Representatives Holmes of the 28th, Coleman of the 118th, Ramsey of the 3rd and Benn of the 38th:
A bill to amend Code Section 16-11-127 of the Official Code of Georgia Annotated, relating to prohibiting the carrying of deadly weapons to or at public gatherings, so as to provide an exception for retired peace officers; to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relat ing to definitions regarding employment and training of peace officers, so as to change the definition of the term "retired peace officer."

The following Senate substitute was read:

A BILL
To amend Code Section 16-11-127 of the Official Code of Georgia Annotated, relating to prohibiting the carrying of deadly weapons to or at public gatherings, so as to provide

THURSDAY, MARCH 6, 1986

2173

that peace officers retired from state or federal law enforcement agencies may carry pistols in publicly owned or operated buildings; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-11-127 of the Official Code of Georgia Annotated, relat ing to prohibiting the carrying of deadly weapons to or at public gatherings, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as fol lows:
"(c) This Code section shall not apply to competitors participating in organized sport shooting events. Law enforcement officers, peace officers retired from state or federal law enforcement agencies, judges, and district attorneys may carry pistols in publicly owned or operated buildings."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Holmes of the 28th moved that the House agree to the Senate substi tute to HB 889.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams,G Adams,M
Y Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom
Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn
Birdsong Y Bishop Y Bolster Y Bostick
Branch Y Bray
Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter
Chambless
Y Chance Y Cheeks Y Childers

Childs Y Clark.B Y Clark.L
Y Colbert Y Coleman Y Colwell
Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings
Daugherty Y Davis
Dean Y Dixon N Dobbs Y Dover YDunn 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
YHays

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 Y Kilgore
Kingston Y Lane,D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee,C Y Lee.W Y Linder Y Logan
YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J
Matthews Y McDonald

On the motion, the ayes were 141, nays 2. The motion prevailed.

Y McKelvey Y McKinney Y Milam
Y Milford
Y Moody Y Moore Y Morton Y Mostiler Y Moultrie
Mueller Y Oliver.C Y Padgett Y Pannell Y Parham
Y Parrish Patten Peters
Y Pettit Y Phillips Y Pinkston
Y Porter
Rainey Y Ramsey.T Y Ramsey.V
Randall
Y Ransom
YRay Y Reaves Y Redding Y Richardson
Robinson.C Y Robinson.P YRoss Y Royal
Russell
Selman

Y Shepard Sherrod
N Sinkfield Y Sizemore Y Smith.L
Smith,P Smith.T
YSmyre YSnow Y Stancil Y Steinberg
Thomas.C Y Thomas.M
Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L
Y Wall Ware Watson
Y Watts White Wilder
Y Williams.B Y Williams,J Y Williams.R Y Wilson
YWood Workman
Y Yeargin
Young Murphy,Spkr

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:

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JOURNAL OF THE HOUSE,

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.

Representative Athon of the 57th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1334 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 Athon of the 57th, Childers of the 15th and Parham of the 105th.

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate substitutes or amendment thereto:

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 indemni fication with respect to the permanent disability of any law enforcement offi cer, fireman, or prison guard who was permanently 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 purpose.

The following Senate substitute was read:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly may provide by law for a program of indemnification with respect to the death or permanent disability of any law enforcement officer, fireman, prison guard, or publicly employed emergency medical technician who is or at any time in the past was killed or permanently disabled in the line of duty; 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 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 may provide by law for a program of indemnification with respect to the death or permanent disability of any law enforcement officer, fire man, prison guard, or publicly employed emergency medical technician who is or at any time in the past was killed or permanently disabled in the line of duty. Funds shall be appropriated as necessary for payment of such indemnification or for the purchase of insurance for such indemnification or both."
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:

THURSDAY, MARCH 6, 1986

2175

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide that the General Assembly may provide by law for a program of indemnification with respect to the death or permanent disability of any law enforcement offi cer, fireman, prison guard, or publicly employed emergency medical tech nician who is or at any time in the past was killed or permanently disabled in the line of duty?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Representative Lucas of the 102nd moved that the House disagree to the Senate sub stitute to HR 644.
The motion prevailed.

HB 1684. By Representatives Manner of the 131st and Sizemore of the 136th:
A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, generally, so as to provide for the investment and reinvestment of assets of local retirement sys tems under the same terms, conditions, limitations, and restrictions as are imposed on domestic life insurance companies.

The following Senate substitute was read:

A BILL
To amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Anno tated, relating to retirement and pensions, generally, so as to provide for the investment and reinvestment of assets of local retirement systems under the same terms, conditions, limitations, and restrictions as are imposed on domestic life insurance companies; to pro vide for 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 1 of Title 47 of the Official Code of Georgia Anno tated, relating to retirement and pensions, generally, is amended by adding at the end thereof a new Code Section 47-1-11 to read as follows:
"47-1-11. (a) Notwithstanding Code Section 36-80-3, Code Section 36-83-4, or any other law, the board of trustees of any local retirement system established or maintained under Article IX, Section II of the Constitution of Georgia shall have full power to invest and reinvest assets of the retirement system and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the retirement system have been invested, any proceeds of any investments, and any money belonging to the retirement system, provided that, except as provided in subsection (b) of this Code section, such power shall be subject to all terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in making and disposing of their investments; provided, further, that, except as provided in subsection (b) of this Code section, the board of trustees shall not invest more than 50 percent of retirement system assets in equities.
(b) Nothing in subsection (a) of this Code section shall be construed to limit or restrict the authority of the board of trustees of any retirement system to invest or rein vest assets of such system in such manner and under such conditions as are authorized by law."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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JOURNAL OF THE HOUSE,

Representative Hanner of the 131st moved that the House agree to the Senate substi tute to HB 1684.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo 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 Bjrdsong Y Bishop
Bolster Y Bostick Y Branch YBray
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
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 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 Hanner Y Harris
Y Hasty YHays

Y Heard YHill Y Holcomb
Holmes Y Hooks
Home Y Hudson
Isakson Y Jackson.J
Jackson.N
Y Jamieson Johnson,D Johnson.F
Y Johnson.R Y Johnson,S Y Kilgore
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
Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J
Matthews Y McDonald

On the motion, the ayes were 147, nays 0. The motion prevailed.

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 Peters Y Pettit Y Phillips Y Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Robinson.C Y Robinson,? YRoss Y Royal Y Russell Y Selman

Y Shepard Y Sherrod Y Sinkfield
Y Sizemore Y Smith.L Y Smith,?
Smith.T YSmyre YSnow
Y Stancil Stein berg Thomas.C
Y 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
White Y Wilder Y Williams,B Y Williams,J Y Williams.R
Wilson Y Wood
Workman Y Yeargin
Young Murphy ,Spkr

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.

The following Senate amendment was read:

Amend HB 1489 by replacing lines 25 and 26 of page 3 with the following:
"The term "gas" shall also include liquid petroleum products."
By inserting at the end of line 18 on page 4 the following:
"Such term, however, also does not include and shall not apply to the Department of Transportation, its officers or employees when excavating, blasting, or operating mech anized excavating equipment anywhere within public road rights of way."
By inserting between lines 32 and 33 on page 8 the following:

THURSDAY, MARCH 6, 1986

2177

"(c) Whenever any blasting or excavating with mechanized excavating equipment is undertaken on a project on the public road system under contract with the Department of Transportation, the notice required under subsection (a) of this Code section shall be deemed to have been given for all utility facilities other than gas which are shown on the project plans and for which a notice of contract award and a notice of preconstruction conference have been mailed to the utility by the Department of Trans portation. Nothing contained in this subsection shall be construed to relieve any person under contract with the Department of Transportation of the duties set forth in Code Section 25-9-8 as to all underground utility facilities."
By inserting the following language after the word "system" on line 2 of page 11:
"i the county road system, or the municipal street system,".
By striking from line 9 on page 12 the following:
"$5,000.00",
and inserting in lieu thereof the following:
"$3,000.00".
Representative Watson of the 114th moved that the House agree to the Senate amendment to HB 1489.
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 Y Argo 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
Brooks Brown,G YBuck 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
Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby
Cummings
Daugherty Y Davis
Dean Y Dixon
YDobbs Y Dover
Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover
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 Y Jamieson Y Johnson.D Y Johnson,F Y Johnson,R Y Johnson,S Y Kilgore
Kingston Y Lane.D YLane,R
Lawler Y Lawrence
Y Lawson Y Lee,C Y Lee.W Y Linder
YLogan YLong YLord
Lucas Y Lupton Y Maddox Y Mangum
Martin.C Y Martin.J
Matthews McDonald

On the motion, the ayes were 146, nays 1. The motion prevailed.

Y McKelvey McKinney
Y Milam
N 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
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
Y Sizemore Smith.L
Y Smith.P Smith.T
Y Smyre YSnow Y Stancil
Steinberg
Y Thomas.C Y Thomas.M
Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C
Y Walker.L Y Wall 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

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:

2178

JOURNAL OF THE 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 compensation of senior judges is increased, there shall be a corresponding increase in the benefits of surviving spouses.

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
Alford
Y Alien Y Anderson YArgo Y Athon Y Atkins
Y Auten Y Bailey
Y Balkcom Y Bannister
Y Bargeron Y Barnett.B Y Barnett.M
YBeck Y Benefield
Benn Y Birdsong Y 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 Colwell
Y Connell Y Cooper Y Copelan Y Couch Y Cox Y Crawford Y Crosby Y Cummings
Daugherty Y Davis
Dean Y Dixon Y Dobbs Y Dover Y Dunn
Y Edwards Y Felton Y Floyd Y Foster
Galer
Y Godbee 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
Johnson,D Y Johnson.F Y Johnson.R Y Johnson.S Y Kilgore
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
Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J
Matthews McDonald

Y McKelvey McKinney
Y Milam Y Milford Y Moody
Y Moore 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 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

Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L
Y Smith.P Smith.T
Y Smyre YSnow Y Stancil
Steinberg Y Thomas.C Y Thomas.M
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 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 151, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 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.

Representative Aiken of the 21st moved that the House insist on its position in disagreeing to the Senate substitute to HB 1433 and that a Committee of Conference be

THURSDAY, MARCH 6, 1986

2179

appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Aiken of the 21st, Maddox of the 7th and Johnson of the 72nd.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker: The Senate has agreed to the House substitute by Senate substitute to the following Bill of the Senate:

SB 331. By Senator Cobb of the 28th:
A bill to amend Code Section 40-3-33 of the Official Code of Georgia Anno tated, relating to the transfer of vehicle by operation of law and the granting of a new certificate of title on such vehicle, so as to provide for the transfer of a vehicle by a bequest granted by a probate judge pursuant to Code Section 53-1-5.
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 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.

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
Athon
Y Atkins Y Auten Y Bailey
Balkcom Y Bannister Y Bargeron YBarnett.B
Barnett.M Y Beck Y Benefield

Benn
Y Birdsong Y Bishop Y Bolster
Bostick Y Branch Y Bray
Brooks
Brown.G
Buck Y Burruss Y Byrd
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
Y Cox
Y Crawford Y Crosby Y Cummings
Daugherty Y Davis
Dean Dixon Y Dobbs Y Dover 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 Hasty
Y Hays Y Heard Y Hill Y Holcomb Y Holmes

Y Hooks
Home Hudson Y Isakson Y Jackson,J Jackson.N Y Jamieson Johnson.D
Y Johnson.F
Y Johnson.R Johnson.S
Y Kilgore
Kingston Y Lane.D Y Lane,R Y Lawler Y Lawrence Y Lawson Y Lee.C

2180

JOURNAL OF THE HOUSE,

YLee,W Linder
YLogan YLong YLord
Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J
Matthews McDonald Y McKelvey McKinney YMilam Y Milford

Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Peters Y Pettit
Phillips Y Pinkston Y Porter

Rainey Y Ramsey.T Y Ramsey.V YRandall
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
YSnow Y Stancil
Steinberg Y Thomas.C Y Thomas.M
Thompson Y Townsend Y Triplett
Y Twiggs Y Waddle Y Waldrep

Walker.C Y Walker,L
Y Wall Ware
Y Watson Y Watts
White Y Wilder
Williams.B Y Williams,J Y Williams.R
Wilson Y Wood
Workman
Y Yeargin Young Murphy,Spkr

On the passage of the Bill, the ayes were 137, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendments thereto:

HB 1941. By Representative Wall of the 61st: A bill to create a new charter for the City of Lawrenceville.

The following Senate amendment was read:

Amend HB 1941 by adding immediately following line 38 on page 49 the following:

7

9 7-9-19

Michael

23.68 acres

Walther

9 7-9-4

R. W. Investments, N.V.

1.35 acres

9 7-9-15

R. W. Investments, N.V.

72.67 acres

9 7-9-13

Gerhard Walther

1.02 acres

9 7-9-14

Gerhard Walther

10.28 acres

11 7-11-003

Charles Hood

12.4 acres

Representative Wall of the 61st moved that the House agree to the Senate amend ment to HB 1941.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

HB 1939. By Representative Crawford of the 5th:
A bill to amend an Act consolidating the laws chartering the City of Summerville in Chattooga County and granting a new charter for said city,

THURSDAY, MARCH 6, 1986

2181

so as to change the provisions relating to the corporate limits of the City of Summerville.

The following Senate amendment was read:

Amend HB 1939 by striking the quotation mark on line 20 of page 9 and inserting immediately after said line 20 the following:
"8. CARL MORRISON PROPERTY: All that tract or parcel of land lying and being in Land Lot 18 in the 6th District and 4th Section of Chattooga County, Georgia, and being shown as Tract 4 on a Plat of the property of William Collins, Jr., by E. Martin Smith dated August 15, 1978 and being more particularly described as follows: Beginning at a point on the west side of Georgia Highway No. 100, said point being 445 feet northeasterly from the intersection of the west right of way line of said highway with the south line of said Land Lot 18; thence north 89 degrees 06 minutes 13 seconds west 758.76 feet to a point; thence north 00 degrees 33 minutes 04 seconds east 314.44 feet to a point; thence south 89 degrees 06 minutes 13 seconds east 914.38 feet to a point on the west side of Georgia Highway No. 100; thence south 26 degrees 57 minutes west 350 feet along the west side of said highway to the point of beginning. Said tract con taining 6.038 acres. Said of aforedescribed property is same conveyed by A. W. Headrick to Carl N. Morrison by deed recorded in Deed Book 206, Page 514 of the Chattooga County Records.'"

Representative Crawford of the 5th moved that the House agree to the Senate amend ment to HB 1939.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

HB 2064. By Representatives Martin of the 60th, Jackson of the 9th, Lawson of the 9th and Wood of the 9th:
A bill to amend an Act creating a new charter for the City of Buford, so as to change the corporate limits of the city.

The following Senate substitute was read:

A BILL
To amend an Act creating a new charter for the City of Buford, approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 953), as amended, so as to redefine and zone the corporate limits of the city; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Buford, approved Decem ber 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 953), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The corporate limits of the City of Buford, Gwinnett County, Georgia, shall extend to and embrace all the territory within the limits described as follows:
ALL THOSE TRACTS OR PARCELS OF LAND lying and being in Land Lots 186, 187, 188, 217, 218, 219, 220, 225, 226, 227, 228, 229, 230, 258, 259, 260, 261, 262, 263, 265, 266, 267, 268, 269, 270, 271, 293, 294, 295, 296, 297, 298, 300, 301, 302, 303, 304, 323, 324, 325, 326, 327, 328, 332, 333, 334, 335, 336, 349, 350, 351, 352, 353, 363 and 364 of the 7th District of Gwinnett County; and Land Lots 159, 160, 168, 169 and 170

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JOURNAL OF THE HOUSE,

of the 8th District of Hall County and Land Lots 298, 299, 300, 328 and 329 of the 7th District of Hall County, and being more particularly described as follows:
BEGINNING at the intersection of the northeasterly right of way of Shadburn Ferry Road with the southeasterly right of way of Buford Dam Road; thence northeasterly and easterly along the southerly right of way of Buford Dam Road, 1320 feet, more or less, to a point; proceeding thence along the current Buford City Limit line; thence southeasterly 600 feet, more or less, to the northwesterly corner of Mrs. Irene Poss tract, thence southwesterly along said Poss tract, 555 feet, more or less, to a point, thence North 39 degrees 16 minutes West, 604.8 feet to a point, and thence South 63 degrees 44 minutes West, 487.3 feet to a point on the northeasterly right of way of White Road (also known as Old School House Road); thence continuing in a south easterly direction across White Road to an iron pin located on the southwesterly right of way of said road (said pin being located approximately 379.2 feet northwesterly from the intersection of White Road with Shadburn Ferry Road); thence South 51 degrees 36 minutes West, 255.2 feet to an iron pin located on the northwesterly right of way of Shadburn Ferry Road; running thence along said right of way of Shadburn Ferry Road, South 64 degrees 37 minutes East, 197.4 feet (arc 197.8 feet), and South 71 degrees 03 minutes East, 237.5 feet to an iron pin at the intersection of Shadburn Ferry and White Roads; continuing in a southeasterly direction across White Road and along the northwesterly right of way of Shadburn Ferry Road, following the curvature thereof, 363 feet, more or less, to a point; thence easterly 320 feet to a point on the current Buford City Limit line; thence South 65 degrees 57 minutes East along the City Limit line, 305 feet to a point on the centerline of a branch; thence in a southwesterly direction down the centerline and following the meanderings of said branch, 705 feet, more or less, to a point on the easterly right of way of Shadburn Ferry Road; thence South 00 degrees 49 minutes East, 103.5 feet along said easterly right of way to an iron pin; continuing thence in a southeasterly direction along said right of way, 350 feet to a point; thence northeasterly along the current City Limit line, 425 feet to a point; thence southwesterly along said City Limit line, 300 feet to a point; thence southwesterly along said Line and continuing thence across Shadburn Ferry Road, 475 feet, more or less, to a point on the southwesterly right of way of said road; thence North 26 degrees 20 minutes West, 300 feet, more or less, to an iron pin (said pin being located 324 feet northwesterly along said right of way from its intersection with the northwesterly right of way of Shadburn Ferry Drive); thence South 38 degrees West, 69 feet to a point; thence South 75 degrees West, 52 feet to a point; thence North 68 degrees 50 minutes West, 80 feet to a point; thence North 82 degrees 10 minutes West, 252 feet to a point; thence North 88 degrees West, 163 feet to a hickory; thence North 6 degrees West, 135 feet to a point on the centerline of a branch; thence South 67 degrees 40 minutes West, 170 feet along the centerline of said branch; continuing South 31 degrees 10 minutes West, 207 feet to an iron pin; thence South 70 degrees 10 minutes East, 615 feet to an iron pin; thence North 87 degrees 45 minutes East, 446 feet to an iron pin on the southwesterly right of way of Shadburn Ferry Road; continuing thence across Shadburn Ferry Road and along the southeasterly right of way of Shadburn Ferry Drive as it widens to a 60-foot right of way (being the current Buford City Limits line), 705 feet, more or less, to a point; thence southeasterly along the City Limits line, 72 feet to a point; thence following the City Limits line in a more easterly direction, 141 feet to a point; thence south easterly 128 feet, more or less, to a point on the land lot line common to Land Lots 301 and 327; thence southwesterly along said land lot line 590 feet, more or less, to the corner common to Land Lots 301, 302, 326 and 327; thence North 30 degrees 13 minutes West along the land lot line common to Land Lots 326 and 327, 125 feet to a point; thence South 59 degrees West, 228 feet to a point on the northeasterly right of way of Shadburn Ferry Road; thence South 30 degrees 13 minutes East along said
right of way, 125 feet to a point on the land lot line common to Land Lots 302 and
326; thence South 59 degrees West, 60 feet to a point on the southwesterly right of
way of Shadburn Ferry Road; thence North 30 degrees 13 minutes West along said
right of way, 246.5 feet to a point; thence South 58 degrees 09 minutes West, 60 feet

THURSDAY, MARCH 6, 1986

2183

to an iron pin; thence South 66 degrees 14 minutes East, 688.6 feet to an iron pin; thence South 60 degrees 15 minutes East, 300 feet to an iron pin located on the land lot line common to Land Lots 302 and 326; thence southwesterly 400 feet, more or less, to a point on the centerline of a creek; thence northwesterly, southwesterly, and northwesterly following the centerline of a creek and the current Buford City Limits line, 1030 feet, more or less, to a point where said branch turns northerly, parting from the City Limits line; running thence South 64 degrees East, 6 feet to an iron pin at a poplar tree; continuing South 64 degrees East along the northerly line of Quillian Tuggle property, 149.4 feet to an iron pin; thence North 49 degrees 55 minutes East, 90.7 feet to an iron pin; thence North 64 degrees 30 minutes East, 89.8 feet to an iron pin; thence North 86 degrees 59 minutes East, 86.6 feet to an iron pin; thence South 81 degrees 30 minutes East, 146 feet to an iron pin located on the southwesterly right of way of George's Drive; thence northeasterly 20 feet, more or less, along said right of way to an iron pin (said iron pin being located 20 feet from a point in the centerline of said road 755 feet from its intersection with the right of way of Shadburn Ferry Road); thence North 81 degrees 30 minutes West, 158 feet to an iron pin; thence North 45 degrees 36 minutes West, 272.3 feet to an iron pin; continuing thence 10 feet to the centerline of a branch; thence southwesterly along the centerline of said branch and following the meanderings thereof to an iron pin at a poplar tree (the traverse of said branch being South 35 degrees 56 minutes West, 303.7 feet); thence westerly along the centerline of said branch to its intersection with the current Buford City Limit line; following said City Limit line northwesterly 400 feet, more or less to a point, continuing along said line in a more westerly direction 300 feet, more or less, to a point, continuing along said line in a northerly direction 110 feet, more or less, to a point on the northerly side of a dirt road; running thence North 57 degrees 21 minutes West along said right of way and with the City Limits line 200 feet, more or less, to an iron pin located 110.6 feet along said road from the right of way of Shoals Creek Road; thence North 82 degrees 24 minutes East, 263 feet to an iron pin; thence North 18 degrees 50 minutes West, 417 feet to an iron pin on the southeasterly right of way of Shoals Creek Road; thence southwesterly along said right of way, 430.3 feet to an iron pin located at the intersection of the aforementioned dirt road and the right of way of Shoals Creek Road; thence westerly crossing Shoals Creek Road and running with the existing City Limits line to a point at which said line turns sharply north; thence running with said City Limits line as follows: northwesterly 637 feet, more or less, thence in a northeasterly direction, 400 feet, more or less, to a point, thence northwesterly 300 feet, more or less, to a point, thence southwesterly 420 feet, more or less, to a point, thence in a more westerly direction 840 feet, more or less, to a point, thence northwesterly 80 feet, more or less, to a point; thence southwesterly 220 feet, more or less, to a point, and thence southeasterly 1100 feet, more or less, to a point on the southeasterly right of way of Shoals Creek Road, having crossed said road; running thence in a southwesterly direction along said southeasterly right of way, 690 feet, more or less, to a point; running thence southeasterly along the existing City Limits line and then in conjunction with the centerline of a branch, crossing the land lot line common to Land Lots 302 and 326 and continuing thence in a southerly direction to a point at the intersection of said branch and City Limits line with the land lot line common to Land Lots 302 and 303; thence northwesterly along said land lot line to the Land Lot corner common to Land Lots 302, 303, 325 and 326; thence northwesterly along the land lot line common to Land Lots 325 and 326, 210 feet to a point; thence running with the existing Buford City Limits lines as follows: south westerly 210 feet, more or less, to a point, northwesterly 500 feet, more or less, to a point, southwesterly 400 feet, more or less, to a point, southeasterly 850 feet, more or less, to a point on the land lot line common to Land Lots 303 and 325, southwesterly
along said Land Lot line, 1150 feet, more or less, to a point, and southerly 1055 feet,
more or less, to a point on the northerly right of way of Peachtree Industrial Boule
vard; running thence westerly and southwesterly along the westerly right of way of
Peachtree Industrial Boulevard, following the curvature thereof to a point on the land
lot line common to Land Lots 303 and 304; thence northwesterly along said land lot

2184

JOURNAL OF THE HOUSE,

line, 170 feet, more or less, to a point on the centerline of Richland Creek; thence southwesterly along the centerline of said Creek following the meanderings thereof and crossing Little Mill Road, 200 feet to a point on the southeasterly right of way of Little Mill Road; thence northwesterly along said right of way 70 feet to a point at the intersection of Richland Creek Road and Little Mill Road; thence southwesterly and westerly along the easterly right of way of Richland Creek Road, 352 feet, more or less, to a point; thence southerly 29 feet to a point on the centerline of Richland Creek; thence easterly along the centerline of said Creek, 379 feet, more or less, to a point; thence southwesterly 848 feet to a point; thence southeasterly 965 feet to a point; thence South 59 degrees 09 minutes East, 1697 feet, more or less, to a point on the land lot line common to Land Lots 304 and 305; thence South 30 degrees 35 minutes East, 1731.1 feet to the corner common to Land Lots 292, 293, 304 and 305; thence North 59 degrees East along the land lot line common to Land Lots 293 and
304, 13,170 feet, more or less, to a point; thence southeasterly 380 feet to a point; thence easterly 575 feet to a point on the Georgia Power Company right of way;
thence South 59 degrees West, 1630 feet, more or less, to a point on the land lot line common to Land Lots 292 and 293; thence southeasterly along said land lot line to the corner common to Land Lots 270, 271, 292 and 293; thence southeasterly along
the land lot line common to Land Lots 270 and 271, 2380.71 feet to a point; thence South 39 degrees 19 minutes West, 233 feet to a point on the northeasterly right of way of Georgia Highway 20 Connector; thence southeasterly along said right of way,
1450 feet, more or less, to a point; thence crossing Georgia Highway 20 Connector South 39 degrees West, 200 feet, more or less, to an iron pin located on the southwest
erly right of way of said Road; continuing thence South 59 degrees West, 107.7 feet to an iron pin; thence South 28 degrees 55 minutes East, 339 feet to an iron pin;
thence South 28 degrees 55 minutes East, 232.4 feet to an iron pin located on the land lot line common to Land Lots 258 and 259; thence southeasterly along said Land Lot
Line crossing Georgia Highway 13 (U.S. 23) to a point at the intersection of the south easterly right of way of U.S. Highway 23 and the southwesterly right of way of
Sudderth Road; thence southeasterly along said right of way of Sudderth Road, 230 feet to a point; thence southwesterly 630 feet to a point on the southeasterly right of
way of U.S. Highway 23; thence crossing U.S. Highway 23 following the current Buford City Limits line, arriving at an axle located on the northwesterly right of way
of said Highway, said axle being located 695 feet southwesterly of the intersection of said Highway and the land lot line common to Land Lots 258 and 259; thence North 28 degrees 14 minutes West, 1055.71 feet to an iron pin; thence South 60 degrees 54
minutes West, 1755.6 feet to an iron pin; thence South 29 degrees 7 minutes East, 465.76 feet to an iron pin; thence North 60 degrees 57 minutes East, 714.66 feet to
an iron pin; continuing North 60 degrees 51 minutes East, 753.84 feet to an iron pin;
thence South 28 degrees 26 minutes East, 700.62 feet to an iron pin located on the northwesterly right of way of U.S. Highway 23; thence southwesterly along said right
of way, 350 feet, more or less, to a point where the current Buford City Limits line intersects with the Highway; thence in a westerly direction along the City Limits line (said line coinciding also in part with the southeasterly line of Frontier Forest Sub
division Addition No. 2), 1410 feet to a point on the centerline of a creek; thence southeasterly along the centerline of said creek, following the meanderings thereof, 550
feet to a point on the northwesterly right of way of U.S. Highway 23; thence north easterly along said right of way, 1360 feet to a point; crossing said Highway thence
along the southernmost City Limit line, arriving at a point on the southeasterly right of way of said Highway; running thence South 62 degrees 25 minutes East, 470 feet
to a point; thence South 39 degrees 20 minutes West, 100 feet to a point; thence North 62 degrees 25 minutes West, 470 feet to a point on the southeasterly right of
way of U.S. Highway 23; thence South 39 degrees 54 minutes West, 463.4 feet along said right of way to a point; thence South 58 degrees 46 minutes East, 665.8 feet to
an iron pin; thence South 48 degrees 19 minutes 55 seconds West, 180.21 feet to an iron pin; thence South 40 degrees 26 minutes 55 seconds West crossing Hamner Circle,
190.69 feet to an iron pin on the southwesterly right of way of said road; thence north westerly along said right of way to the northerly corner of Corbin tract at which point

THURSDAY, MARCH 6, 1986

2185

a branch intersects with said road; thence southerly along the centerline of said branch 200 feet, more or less, to an iron pin at the southwesterly corner of Corbin tract; thence southerly along the centerline of said branch 430 feet, more or less (the traverse being South 14 degrees 5 minutes West, 416.0 feet; thence southeasterly and southwesterly along the centerline of a second branch, and following the meanderings thereof and crossing the land lot line common to Land Lots 230 and 258, 1833 feet to a point where said branch intersects Suwanee Creek; thence westerly, southwesterly, southeasterly, southerly and southwesterly along the centerline of Suwanee Creek following the meanderings thereof 2,700 feet, more or less, to a point on the land lot line common to Land Lots 230 and 231; thence southeasterly along said land lot line and continuing along the land lot line common to Land Lots 216 and 217, 2242.8 feet to an iron pin; continuing southeasterly along said land lot line, 1592 feet to the corner common to Land Lots 188, 189, 216 and 217; continuing thence southeasterly along the land lot line common to Land Lots 189 and 188 to a point located on the easterly right of way of 1-985; thence South 30 degrees 38 minutes West, 135.9 feet along the line lot line to an iron pin found; thence North 59 degrees 19 minutes East, 1170.9 feet to a point; thence North 59 degrees 16 minutes East, 617.9 feet to an iron pin found; thence North 59 degrees 24 minutes East, 1182.0 feet to an iron pin found; thence North 30 degrees 20 minutes West, 400 feet to an iron pin found; thence North 59 degrees 05 minutes East, 399.3 feet to a point on the easterly land lot line of Land Lot 188; thence South 30 degrees 21 minutes East along the common land lot line of Land Lots 188 and 187, 400 feet, more or less, to the centerline of Plunketts Road; thence easterly, southeasterly, northeasterly and northerly and following the curvature thereof, 2193.7 feet, more or less, along the centerline of Plunketts Road to a point on the northerly land lot line of Land Lot 187 (common to Land Lots 187 and 218); thence South 59 degrees 18 minutes West, 1833.7 feet along the common land lot line to an iron pin found at the corner of Land Lots 187, 188, 217 and 218; thence North 30 degrees 35 minutes West, 785 feet along the common land lot line of Land Lots 217 and 218 to a point on the southeasterly right of way of 1-985; continuing thus across the right of way of 1-985 to its intersection with said common Land Lot Line; thence northerly along the northwesterly right of way of 1-985, 2787.0 feet, more or less, continuing along the northerly right of way of the entrance to 1-985, North 15 degrees 18 minutes East, 723.4 feet; continuing thence North 09 degrees 47 minutes East, 330.9 feet to the intersection of Frontage Road No. 3 (also known as Horizon Parkway); thence South 86 degrees 16 minutes West, 36.3 feet to the easterly right of way of said Frontage Road; thence along the easterly right of way of Frontage Road South 28 degrees 08 minutes West, 870.3 feet; continuing thence South 35 degrees 58 minutes West, 992.4 feet to a point on the northerly side of Sudderth Road (aban doned); thence North 68 degrees 28 minutes West, 117.7 feet to the westerly right of way of Frontage Road; thence along the westerly right of way of said Frontage Road North 32 degrees 21 minutes East, 1352.7 feet; continuing thence North 20 degrees 38 minutes East, 743.7 feet to an iron pin set on the land lot line common to Land Lots 218 and 229; thence South 59 degrees 07 minutes West, 1548.1 feet along said land lot line to a point; thence North 30 degrees West, 2170 feet, more or less, to a point on the centerline of Suwanee Creek; thence along the meanderings of said Creek in a basically eastward direction, 1830 feet, more or less, to a point on the southerly right of way of Georgia Highway No. 20 Connector; thence southeasterly along the south westerly right of way of Georgia Highway No. 20 Connector 210 feet, more or less, to a point; thence 175 feet, more or less, in a northeasterly direction, crossing the land lot line common to Land Lots 229 and 228 to a point on the southwesterly right of way of Georgia Highway No. 20; thence northerly along the southwesterly and westerly right-of-way of Georgia Highway 20 260 feet, more or less, to a point on the current
Buford city limit line; thence northeasterly along said city limit line 640 feet to a
point; continuing along the city limit line in a northerly direction along the easterly
boundary of property now or formerly owned by W. T. Dodd 1150 feet to a point; con
tinuing along the city limit line in a northwesterly direction along the property of
Dodd 375 feet, more or less, to a point on the southwesterly right-of-way of Maddox

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JOURNAL OF THE HOUSE,

(formerly known as Puckett) Road; thence southeasterly along the southwesterly rightof-way of Maddox Road and following the curvature thereof 650 feet, more or less, to a point; thence southwesterly along the northwesterly line of the property now or for merly owned by Paul and Montine Pruett 265 feet to a point; thence southeasterly along the southwest line of Pruett 70 feet to a point; thence northeasterly along the southeasterly line of Pruett 245 feet to a point on the southwesterly right-of-way of Maddox Road; continuing thence in a northeasterly direction across Maddox Road to a point on the northeasterly right-of-way of said road; thence southeasterly along said right-of-way 70 feet, more or less, to a point being the southwesterly corner of prop erty owned now or formerly by William C. Little; thence northeasterly along Little's line 184 feet to a point; thence southeasterly along the common line of Little and Mildred Montgomery 84 feet to a point; thence in a more southerly direction 200 feet, more or less, to a point on the northerly right-of-way of Maddox Road; thence easterly and northeasterly along the northerly and northwesterly right-of-way of Maddox Road following the curvature thereof, 450 feet, more or less, to a point on the northwesterly right-of-way of said road; thence northwesterly 190 feet to a point; thence north easterly 210 feet to a point; thence northwesterly 100 feet to a point; thence north easterly 180 feet to an iron pin; thence North 75 degrees 10 minutes West 200 feet to an iron pin; continuing thence to the southwesterly right-of-way of an unnamed county road and following the curvature thereof southwesterly along said right-of-way to its intersection with Maddox Road; thence southeasterly across Maddox Road to the point where the southerly right-of-way of Maddox Road intersects with north westerly right-of-way of 1-985, also known as Atlanta-Gainesville Highway; thence southwesterly along the northwesterly right-of-way of 1-985 continuing as 1-985 widens to a point approximately 1000 feet from the intersection of 1-985 with the north easterly right-of-way of Ga. Highway No. 20 Connector; leaving the right-of-way of 1-985, running thence southwesterly 920 feet to a point on the northeasterly right-ofway of Ga. Highway No. 20 Connector; thence southeasterly along said right-of-way 410.6 feet, more or less, to a point at the intersection of Ga. Highway No. 20 Connector and 1-985; thence northeasterly along the southwesterly right-of-way of 1-985 911 feet to a point on said right-of-way; thence crossing 1-985 along the current Buford City Limits line, arriving at a point on the southeasterly right-of-way of 1-985, 800 feet northwesterly from the intersection of 1-985 with the northeasterly right-ofway of Ga. Highway No. 20 Connector; thence southeasterly along said 1-985 right-ofway 800 feet to the aforementioned point of intersection; thence easterly along the northerly right-of-way of Ga. Highway No. 20 Connector 1350 feet, more or less, to the point where the right-of-way of said Connector narrows; thence South 29 degrees 15 minutes West, 170 feet across said Connector; thence northwesterly along the southerly right-of-way of said road, following the curvature thereof, 1152 feet to a con struction monument; thence southwesterly along the northeasterly right-of-way of 1-985 and its access ramp, following the curvature thereof, to the land lot line common to Land Lots 218 and 219; thence southeasterly along said land lot line 1616.4 feet to an iron pin on the northerly right-of-way of Sudderth Road; thence easterly and northeasterly along said northern right-of-way and following the curvature thereof 1100 feet, more or less, to a point on the southeasterly right-of-way of Ga. Highway No. 20; thence southeasterly along said southwesterly right-of-way crossing the land lot line common to Land Lots 186 and 219 and continuing to the intersection of the centerline of a county road with said southwestern right-of-way of Ga. Highway 20, which point lies approximately 680 feet southeasterly along the centerline of said county road from its intersection with the land lot line common to Land Lots 186 and 219; thence northwesterly along the centerline of said county road 50 feet, more or less, to the current Buford City Limits line; thence southwesterly to a point on the
southwesterly right-of-way of said county road, being the northwesterly corner of
property now or formerly owned by Anitox Corp.; continuing thence in a southwest
erly direction along the northwesterly side of said Anitox tract 1170 feet, more or less,
to a point on the land lot line common to Land Lots 186 and 187; thence southeaste
rly along said land lot line 480 feet, more of less, to the corner of said Anitox tract;

THURSDAY, MARCH 6, 1986

2187

thence northeasterly along said tract 500 feet, more or less, to a point; thence south easterly along said tract 358 feet to a point; thence northeasterly 480 feet, more or less, to a point; thence southeasterly 350 feet to a point on the southwesterly right-ofway of Ga. Highway No. 20; thence northwesterly along said right-of-way 315 feet to a point; thence southwesterly 174 feet to a point; thence northwesterly 250 feet to a point; thence northeasterly 174 feet to a point on the southwesterly right-of-way of Ga. Highway No. 20; thence easterly 80 feet crossing Ga. Highway No. 20 to a point on the northeasterly right-of-way of said highway; thence southerly along the north easterly right-of-way to an iron pin, which pin is located 452.29 feet southerly along the curve of said right-of-way from the intersection of the southeasterly right-of-way of Bogan Road and the northeasterly right-of-way of Ga. Highway No. 20; thence North 84 degrees 15 minutes East. 479.14 feet to a rock; thence North 37 degrees 49 minutes West, 160.53 feet to an iron pin; continuing thence North 37 degrees 39 min utes West, 149.97 feet to an iron pin; thence North 69 degrees 48 minutes West, 420.0 feet to the aforementioned point at the intersection of Bogan Road and Ga. Highway No. 20; thence crossing Bogan Road and continuing northwesterly along the north easterly right-of-way of Ga. Highway No. 20, 650 feet, more or less, to an iron pin; thence North 48 degrees 10 minutes East, 350 feet to an iron pin; thence North 37 degrees 30 minutes West, 310.2 feet to an iron pin located on the land lot line common to Land Lots 186 and 219, said pin being located on the southeasterly rightof-way of Sudderth Road (also known as North Fork Bogan Road); following the southeasterly right-of-way of Sudderth Road and said land lot line in a southwesterly direction approximately 200 feet to the point at which Sudderth Road turns north westerly away from the land lot line; thence North 25 degrees 13 minutes West, 80 feet crossing Sudderth Road to an iron pin located on the northwesterly right-of-way of Sudderth Road; continuing North 25 degrees 13 minutes West, 587.4 feet to an iron pin; thence South 50 degrees 08 minutes West, 343.9 feet to an iron pin located on the northeasterly right-of-way of Ga. Highway No. 20; proceeding northwesterly along the northeasterly right-of-way of said Highway 1460 feet, more or less, to the point at which the right-of-way widens; from said point at which the right-of-way is widened, thus northeasterly 490 feet to a point; thence southerly 80 feet to a point; thence northeasterly 609 feet to the northwest corner of Rock Creek Estate Unit 2; thence South 31 degrees 13 minutes 14 seconds East, 1047 feet along the southwest erly border of Rock Creek Estate Subdivision, Units 1 and 2, to a point, being the southwesterly corner of Lot 4, Block A, Rock Creek Estate Subdivision, Unit 1; thence easterly along the southerly boundaries of Lots 3 and 4, Block A, of said subdivision, 372 feet to a point; thence southeasterly along the rear of Lots 1 and 2, Block A, of said subdivision, 188 feet to a point located on the northwesterly right-of-way of South Bogan Road; thence northeasterly along the northwesterly right-of-way of said road, following the curvature thereof, 877 feet to a point, being the southeasterly corner of Lot 1, Block B, Rock Creek Estates Subdivision, Unit 1; thence north westerly along the northerly border of said lot, 276 feet, more or less, to a point on the land lot line common to Land Lots 219 and 220; thence North 31 degrees 13 min utes 14 seconds West along the land lot line and continuing along that land lot line common to Land Lots 227 and 228, 3,255.5 feet to a point; thence southwesterly 1,233.3 feet to a point on the southeasterly right-of-way of Highway No. 1-985; thence northeasterly along the southeasterly right-of-way of said highway, 1500 feet, more or less, said point lying approximately 280 feet northeasterly of the intersection of said highway with the land lot line common to Land Lots 227 and 228; thence southeaste rly along the southwesterly boundary of property now or formerly owned by E. Carter Bullard, 1490 feet to a point; thence northeasterly along the southeasterly line of the Bullard tract, 775 feet to a point; thence northwesterly along said tract 1090 feet to
a point on the southeasterly right-of-way of Maddox Road (f/k/a Puckett Road);
thence southwesterly along said right-of-way and following the curvature thereof, 290
feet, more or less, to a point; thence northwesterly 400 feet to a point; thence south
westerly 214 feet to a point on the southeasterly right-of-way of Highway 1-985; thence
northeasterly along the right-of-way of 1-985 1084 feet to a point on said right-of-way;

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JOURNAL OF THE HOUSE,

thence southeasterly along the current Buford city limits line 1080 feet, more or less, to the northwesterly right-of-way of Maddox Road; thence northeasterly along said right-of-way and following the curvature thereof, and crossing the land lot line common to Land Lots 226 and 227, 2015 feet, more or less, to a point; thence follow ing the current Buford city limits line southeasterly 272 feet to a point on the north westerly right-of-way of South Bogan Road; thence along said right-of-way northeasterly 450 feet to a point at the intersection of the northwesterly right-of-way of South Bogan Road and the southeasterly right-of-way of East Maddox Road; thence southwesterly along the southerly right-of-way of East Maddox Road 255 feet to a point; thence running with the current Buford city limits line across East Maddox Road and thence northeasterly 600 feet to a point; continuing thence along the city limit line as follows: Northeasterly 193 feet to a point; northwesterly 365.5 feet to a point; thence southeasterly 950 feet, more or less, to a point on the southeasterly right of way of Bogan Road; thence South 61 degrees 20 minutes East, 387.3 feet to an iron pin; thence South 19 degrees 05 minutes West, 105 feet to an iron pin; thence South 61 degrees 20 minutes East, 494 feet to an iron pin; thence North 28 degrees 08 min utes East, 340 feet, more or less, to a point; thence southeasterly 342 feet to a point; thence northerly 353 feet to a point on the northeasterly right of way of Hamilton Mill Road; thence southeasterly 900 feet, more or less along said right of way to a point on the land lot line common to Land Lots 225 and 226; thence northwesterly along the common land lot line to the common corner of Land Lots 225, 226, 262 and 263; thence northeasterly along the land lot line common to Land Lots 225 and 263, 511 feet, more or less to a point; thence southeasterly 243 feet, more or less to the westerly corner of Lot 1, Block A, Springlake Estates, Unit 2; thence southeasterly along the southerly side of Lot 1, Block A, Unit 2 and Lots 9 and 10, Block A, Unit 1, Springlake Estates and continuing thence 1,800 feet more or less to a point; thence northeasterly in a line coinciding with the southeasterly sides of Lots 23-26, Block A, Unit 2, Springlake Estates, 1,755 feet more or less to a point on the land lot line common to Land Lots 225 and 224; thence northwesterly along said common land lot line, 1,170 feet more or less to the corner of Land Lots 224, 225, 263 and 264, and continuing thence along the land lot line common to Land Lots 263 and 264, 1,435 feet to a point; thence southwesterly 317 feet to a point; thence westerly 92 feet to a point on the westerly right of way of Bogan Road, which point lies 375 feet south westerly along said right of way from the intersection of Bogan Road and the land lot line common to Land Lots 263 and 264; thence northerly along the westerly right of way of Bogan Road, 100 feet, more or less, to a point; thence northwesterly 440 feet, more or less, to a point; thence southwesterly 220 feet, more or less, to a point; thence northeasterly 50 feet, more or less, to a point; thence southwesterly 200 feet, more or less, to a point; thence southeasterly 50 feet, more or less, to a point; thence northeasterly 180 feet, more or less, to a point; thence southeasterly 600 feet, more or less, to a point on the northwesterly right of way of Bogan Road; thence 1,100 feet more or less southwesterly along the northwesterly right of way of Bogan Road to a point, thence North 78 degrees 04 minutes 40 seconds West, 222.57 feet to an iron pin; thence South 12 degrees 24 minutes 50 seconds West, 170 feet to an iron pin; thence North 77 degrees 58 minutes 30 seconds East, 200 feet to an iron pin; thence North 12 degrees 24 minutes 50 seconds East, 199.64 feet to an iron pin; thence North 78 degrees 04 minutes 40 seconds West, 579.46 feet to a rock; thence northeasterly 580 feet to a point; thence northwesterly 940 feet to a point; thence in a more westerly direction 220 feet to a point on the easterly right of way of 1-985; thence, crossing 1-985, 580 feet to the intersection of the westerly right of way of 1-985 and the south erly right of way of Thompson Mill Road; thence northwesterly and westerly following the southerly right of way of Thompson Mill Road 520 feet, more or less to a point;
thence northwesterly, crossing Thompson Mill Road and continuing 350 feet, more or
less, to a point; thence running northeasterly along the existing Buford City Limits
Line, 760 feet, more or less to a point on the southwesterly right of way of Bryant
Road; thence southeasterly 750 feet, more or less to the intersection of the north
westerly right of way of Bryant Road and the northerly right of way of Thompson

THURSDAY, MARCH 6, 1986

2189

Mill Road; thence easterly along the northerly right of way of Thompson Mill Road to a point at the intersection of said right of way and the northwesterly right of way of 1-985; thence northeasterly along said northwesterly right of way of Highway 1-985 and following the curvature thereof, 3669.91 feet to a point; thence leaving the north westerly right of way line of Highway 1-985 and run thence North 29 degrees 49 min utes West 1,467.5 feet to an iron pin; thence North 27 degrees 35 minutes West 1,651.40 feet to a point; thence South 41 degrees 06 minutes West 12.25 feet to a point located on the southwesterly right-of-way line of Ledford Road (40-foot right-of-way); run thence along the southwesterly right-of-way line of Ledford Road the following courses and distances: North 31 degrees 36 minutes West 115.23 feet to a point; North 42 degrees 8 minutes West 77.44 feet to a point; North 50 degrees 14 minutes West 131.70 feet to an iron pin; thence leaving said southwesterly right-of-way line of Ledford Road and run thence South 40 degrees 40 minutes West 4300 feet, more or less, along the Rest Haven city limits line to a point; thence northwesterly along the Rest Haven city limits line approximately North 30 degrees West 2700 feet, more or less, to a point; thence North 41 degrees 08 minutes East 2500 feet, more or less, along said city limits line to the corner common to Land Lots 297, 298, 299 and 300; thence northeasterly along the land lot line common to Land Lots 299 and 300, 1780 feet, more or less, to a point at the centerline of a branch; thence northeasterly along the centerline of the branch following the meanderings thereof 1,652.4 feet, more or less, to an iron pin; thence leaving the branch and running North 03 degrees 24 minutes East, 54.6 feet to an iron pin; thence North 30 degrees 25 minutes West, 201.4 feet to an iron pin located on the southeasterly side of a 200-foot Southern Railroad rightof-way; continuing thence northwesterly 100 feet, more or less, into the Railroad right of way to a point at its center; running thence along the southeastern rail 680 feet to a point on the centerline of Holiday Road; thence southeasterly along the centerline of Holiday Road to the point where it forks and becomes Rest Haven Road and Greens Crossing Road; thence in a southeasterly and southerly direction, along the northeasterly right of way of Rest Haven Road, and following the curvature thereof, 1000 feet, more or less, to a point; thence northeasterly 160 feet, more or less, to a point; thence southerly 200 feet, more or less, to a point; thence northeasterly 410 feet, more or less, to a point on the land lot line common to Land Lots 169 and 299, also being the line dividing the 7th and 8th Land Districts of Hall County; thence north westerly along the land lot line 1000 feet, more or less to a point on the southeasterly side of the Southern Railroad 200 foot right of way, which point is also the point of intersection of the railroad right of way and the southerly right of way of Greens Crossing Road; thence continuing in said northwesterly direction crossing Greens Crossing Road to a point on the northerly right of way of said Road; running thence in a westerly direction along the northerly right of way of Greens Crossing Road con tinuing as said road runs concurrently with Holiday Road to a point on the north westerly side of the Southern Railroad 200 foot right of way; running thence in a northeasterly and northerly direction along said railroad right of way, and following the curvature thereof, 5443 feet, more or less to an iron pin located on the land lot line common to Land Lots 159 and 169; continuing thence along the railroad right of way, 1717.50 feet to a point; thence North 51 degrees 53 minutes West, 100 feet to a point at which the railroad right of way increases to 400 feet; continuing along said right of way, 465.6 feet to a point; thence North 31 degrees 40 minutes West, 718.51 feet to a point on the easterly right of way of Holiday McEver Road; continuing thence across said road to a point; and running thence North 36 degrees 43 minutes West from the westerly right of way, 702.7 feet to a point; thence North 37 degrees 28 minutes East, 415.49 feet to an iron pin; thence North 30 degrees 37 minutes West, 150.35 feet to a point; thence South 47 degrees 39 minutes 13 seconds West, 1589.02
feet to a point on the southwesterly right of way of Blackberry Lane; thence north
westerly along said southwesterly right of way and following the curvature thereof, 800
feet, more or less, to a point; thence South 60 degrees 00 minutes West, 880 feet to
a point; thence North 29 degrees 15 minutes 01 seconds West, 280.01 feet to a point;
thence North 60 degrees 00 minutes East, 900 feet to a point on the southwesterly

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JOURNAL OF THE HOUSE,

right of way of Blackberry Lane; thence North 31 degrees 28 minutes 40 seconds West, 100 feet to a point; thence South 60 degrees 00 minutes West, 1639.65 feet to a point; thence South 30 degrees 12 minutes East, 348.8 feet to an iron pin; thence North 59 degrees 41 minutes East, 200.2 feet to an iron pin; thence South 30 degrees 11 minutes East, 600.3 feet to an iron pin; thence South 24 degrees 31 minutes West, 675.8 feet to an iron pin; thence South 30 degrees 22 minutes East, 627.8 feet to a point on the centerline of a creek; thence along said creek the following traverse lines: South 37 degrees 53 minutes 05 seconds West, 485.28 feet to an iron pin, South 71 degrees 35 minutes 00 seconds West, 1588.94 feet to an iron pin, and South 37 degrees 41 minutes 50 seconds East, 298.87 feet to an iron pin; thence leaving said creek, South 66 degrees 12 minutes West, 246.7 feet to an iron pin; thence South 30 degrees 05 minutes West, 324.6 feet to an iron pin located on the northeasterly right of way of Holiday Road; thence southeasterly along the northeasterly right of way of said road, 160 feet to a nail and cap; continuing thence southeasterly 860 feet to a point; thence North 61 degrees 22 minutes 30 seconds East, 305.52 feet to an iron pin; thence South 39 degrees 37 minutes East, 149.2 feet to an iron pin; thence South 39 degrees 18 minutes East, 492.75 feet to an iron pin; thence South 55 degrees 34 min utes West, 332 feet to a point; thence South 38 degrees 26 minutes East, 259.1 feet to a point on the northwesterly right of way of Holiday McEver School Road; thence along said right of way in a southwesterly direction and crossing Holiday Road to an iron pin on the northwesterly right of way of McEver Road where it intersects with the northerly right of way of Buford Waterworks Road; thence along said right of way of Buford Waterworks Road North 53 degrees 21 minutes 42 seconds West 24.20 feet to a point; thence North 79 degrees 28 minutes 28 seconds West 29.86 feet to a point; thence North 89 degrees 49 minutes 53 seconds West 38.21 feet to a point; thence South 85 degrees 41 minutes 07 seconds West 35.68 feet to an iron pin; thence North 27 degrees 30 minutes 00 seconds West 269.28 feet to an iron pin; thence North 70 degrees 30 minutes 00 seconds East 216.91 feet to an iron pin on the southwesterly right-of-way of Holiday Road; thence South 37 degrees 27 minutes 25 seconds East 129.28 feet along said right-of-way to a right-of-way monument; continuing thence along said right-of-way South 13 degrees 23 minutes 04 seconds East 178.36 feet to a right-of-way monument situated on the northwesterly right-of-way of McEver Road; thence southeasterly, crossing McEver Road, to a survey marker at the point of inter section of the southerly right-of-way of Holiday Road and the northeasterly right-ofway of McEver Road; thence southwesterly along the northeasterly and southeasterly right-of-way of McEver Road following the curvature thereof, 453.19 feet to an iron pin; thence South 23 degrees 22 minutes 50 seconds East, 45.62 feet to an iron pin on the northerly edge of the Southern Railroad 200-foot right-of-way; proceeding along the railroad right-of-way in a generally southwesterly direction from Hall County into Gwinnett County crossing the land lot line common to Land Lots 299 and 300 and proceeding along the curvature of said railroad right-of-way to a point in Land Lot 300 approximately 990 feet southeasterly along the railroad right-of-way from the line dividing Hall County and Gwinnett County; thence northwesterly across the railroad right-of-way proceeding to a point on the northwesterly right-of-way of Peachtree Industrial Boulevard; running thence northeasterly along the northwesterly right-ofway of Peachtree Industrial Boulevard, also known as McEver Road, following the curvature thereof, crossing the line dividing Gwinnett and Hall Counties and continu ing thence 875 feet, more or less, to an iron pin; thence North 6 degrees 07 minutes 11 seconds East, 406.8 feet to an iron pin set on the southwesterly side of an asphalt drive; thence northwesterly along the curvature of said asphalt drive 67.11 feet to an iron pin on the southerly right-of-way of Buford Waterworks Road (a/k/a Buford Dam Road); thence South 71 degrees 30 minutes 37 seconds East, 612.35 feet along said
right-of-way to an iron pin; thence South 08 degrees 29 minutes 12 seconds East, 95.51
feet along a gravel road to an iron pin; thence South 73 degrees 08 minutes 35 seconds
West, 89.23 feet to an iron pin; thence North 23 degrees 46 minutes West, 91.44 feet
to an iron pin on the southerly right-of-way of Buford Waterworks Road; following
said right-of-way thence South 71 degrees 30 minutes 37 seconds East, 193 feet to an

THURSDAY, MARCH 6, 1986

2191

iron pin; thence South 16 degrees 31 minutes 48 seconds East, 117.6 feet to an iron pin on the land lot line common to Land Lots 300 and 328; thence South 59 degrees 43 minutes West along said land lot line 106.4 feet to an iron pin; thence North 35 degrees 44 minutes West, 150.7 feet to a point on the southerly right-of-way of Buford Waterworks Road; thence 200 feet southwesterly along said right-of-way to a point; thence South 01 degree 00 minutes East, 241 feet to a point; thence South 59 degrees 00 minutes West, 55 feet to a point; thence Northwesterly 244 feet to a point on the southeasterly right-of-way of Buford Waterworks Road; thence southwesterly along the southeasterly right-of-way of said road 300 feet, more or less, to a point on the line dividing Hall and Gwinnett Counties; thence following said county line in a north westerly direction 300 feet, more or less, to a point on the northeasterly right-of-way of Buford Dam Road; thence northwesterly 500 feet, more or less, along the north easterly boundary of property now or formerly owned by Letoy Whidby to a point; thence in a more westerly direction along the north line of Whidby 175.6 feet to a point; thence southwesterly along the west line of Whidby, continuing into Gwinnett County, 911.4 feet, more or less, to the northeast line of property now or formerly owned by W. A. Elinburg, Jr.; thence northwesterly along the north line of Elinburg 243 feet to a point; thence southwesterly along the west line of Elinburg 545 feet to a point on the northeasterly right-of-way of Buford Dam Road; thence northwesterly along said right-of-way following the curvature thereof to an iron pin located 139.03 feet northwesterly from the intersection of the westerly right-of-way of Lakeshore Drive (a/k/a Cole Mill Road) and said right-of-way of Buford Dam Road; thence North 27 degrees 56 minutes 28 seconds East, 146 feet to an iron pin; thence North 19 degrees 52 minutes 14 seconds West, 48 feet to an iron pin; thence North 69 degrees 39 minutes West, 74 feet to an iron pin; thence South 28 degrees 09 minutes 20 seconsd West, 178 feet to an iron pin located on the northeasterly right-of-way of Buford Dam Road; thence northwesterly along the said northeasterly right-of-way 1008.9 feet, more or less, to an iron pin; thence North 11 degrees 52 minutes 49 seconds East, 177.88 feet to an iron pin; thence North 82 degrees 03 minutes West, 216 feet to an iron pin; thence southeasterly 164.14 feet to an iron pin on the north westerly right-of-way of Buford Dam Road; continuing thence westerly and southwest erly along the northwesterly right-of-way of Buford Dam Road to a point, which point lies approximately 3660 feet westerly and northwesterly along said right-of-way from its intersection with the westerly right-of-way of Cole Mill Road; thence northwesterly 1634 feet to a point extending into Land Lot 332; thence southwesterly 1455.6 feet to a point; thence southeasterly 97.5 feet to a point; thence in a more southerly direction 780 feet on a point on the northwesterly right-of-way of Buford Dam Road; thence northeasterly along said right-of-way 600 feet, more or less, to a point, which point lies 120 feet, more or less, easterly from the easterly right-of-way of Shadburn Ferry Road; thence northwesterly 80.1 feet along the current Buford City Limit line; running thence along said city limit line as follows: northeasterly 350 feet to a point; and thence northwesterly, westerly and southwesterly in an approximate semicircle 585 feet to a point; and southwesterly 250 feet, more or less, to a point on the north easterly right-of-way of Shadburn Ferry Road, which point lies 630 feet northwesterly along said right-of-way from the intersection of Shadburn Ferry Road and Buford Dam Road; thence northwesterly along the northeasterly right-of-way of Shadburn Ferry Road 320 feet, more or less, to a point on said right-of-way; thence in a westerly direction, crossing Shadburn Ferry Road to a point on the southwesterly right-of-way, which point is the northeasterly corner of a 1.56-acre tract owned now or formerly by Thesta Settle and Florence Settle; thence southeasterly along the northerly line of the Settle tract 265.1 feet to a point; thence southeasterly along the southwesterly line 219.1 feet to a point; thence southeasterly 282.5 feet to a point on the southwesterly
right-of-way of Shadburn Ferry Road; thence southeasterly along said right-of-way 50
feet to a point; thence northwesterly 289 feet, more or less, to a point; thence south
easterly 287 feet to a point; thence southwesterly 200 feet to a point; thence south
easterly 250 feet to a point on the northerly right-of-way of Buford Dam Road;
continuing thence southeasterly across Buford Dam Road to a point on the southerly

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JOURNAL OF THE HOUSE,

right-of-way; thence southwesterly along said southerly right-of-way 2100 feet, more or less, to a point, said point lying 396 feet, more or less, easterly along said right-of-way from the easterly right-of-way of Little Mill Road, and being the northeasterly corner of a tract now or formerly owned by Sara T. Crumley; thence southwesterly 200 feet to a point; thence easterly 93 feet to a point; thence southwesterly 187 feet to a point; thence in a more westerly direction 215 feet to a point on the easterly right-of-way of Little Mill Road; thence northwesterly along said right-of-way of Little Mill Road 327 feet to a point at the intersection of Buford Dam Road and Little Mill Road; thence across Little Mill Road and along the southerly right-of-way of Buford Dam Road and following the curvature thereof 650 feet, more or less, to a point; thence South 13 degrees East 1129 feet to a point on the land lot line common to Land Lots 325 and 334; thence South 58 degrees West along said land lot line 1142 feet to a point; thence North 52 degrees 45 minutes West, 428 feet to an iron pin; thence South 59 degrees 02 minutes West, 686 feet to an iron pin; thence North 21 degrees 00 min utes East, 1175.1 feet to an iron pin located on the southwesterly right-of-way of Buford Dam Road; thence northwesterly along said right-of-way and following the curvature thereof to an iron pin located on said right-of-way 408 feet southeasterly from the southeasterly right-of-way of Jimmy Dodd Road; thence South 42 degrees 54 minutes West, 200.4 feet to an iron pin; thence South 33 degrees 31 minutes West, 708 feet to an iron pin located 25 feet from the centerline of a creek; thence south easterly and southerly along the centerline of the creek the following traverse lines: South 23 degrees 48 minutes East, 352.5 feet to an iron pin; South 05 degrees 23 min utes West, 200 feet to a point; South 14 degrees 51 minutes West, 131 feet; South 20 degrees 24 minutes West, 200 feet; South 04 degrees 08 minutes West, 345 feet; and South 05 degrees 01 minute West, 117.4 feet to an iron pin; thence South 57 degrees 26 minutes West, 327.4 feet to an iron pin located on the land lot line common to Land Lots 334 and 335; thence southeasterly along said land lot line and continuing along the land lot line common to Land Lots 324 and 325 to an iron pin 1265 feet southeasterly from the corner common to Land Lots 324, 325, 334 and 335; thence North 57 degrees 37 minutes East, 208 feet to an iron pin; thence South 31 degrees 45 minutes East, 208 feet, more or less, to an iron pin; thence run South 57 degrees 55 minutes West 416 feet to an iron pin; thence run North 32 degrees 36 minutes West 777.1 feet to a rock and iron pin; thence run South 58 degrees 04 minutes West, 3,060 feet, more or less, to an iron pin on the land lot line common to Land Lots 323 and 324; thence southeasterly along said land lot line 1050 feet, more or less, to the city limits line of Sugar Hill; thence along the boundary of the City of Sugar Hill traveling in a southwesterly direction along an arc having a radius of 8,804.09 feet to a point on the land lot line common to Land Lots 322 and 323; thence northwesterly along said land lot line to a point on the southerly right of way of Appling Road; thence easterly and southeasterly along said right of way, and following the curvature thereof, 467 feet to the centerline of a creek; thence in a generally northeasterly direc tion along the centerline of said creek, 2196 feet to an iron pin; thence North 35 degrees West, 136.1 feet to an iron pin; thence North 21 degrees 30 minutes West, 65 feet to a marked gum tree; thence West 170 feet to a point; thence North 14 degrees West, 225 feet to a point; thence North 01 degrees West, 100 feet to a point; thence North 52 degrees East, 63 feet to a point; thence North 56 degrees 45 minutes East, 180 feet to an iron pin; thence North 8 degrees 45 minutes East, 655.4 feet to an iron pin; thence North 12 degrees East, 665 feet to a point on the land lot line common to Land Lots 335 and 336; thence northwesterly along said land lot line, 1350 feet to a point; thence South 61 degrees 27 minutes West a distance of 971.6 feet to an iron pin corner; thence South 54 degrees 49 minutes West a distance of 395.8 feet to an iron pin 30 feet from Richland Creek; thence South 26 degrees 00 minutes East a dis
tance of 133.1 feet along the traverse line of Richland Creek; thence South 03 degrees
03 minutes East a distance of 96.2 feet; thence South 62 degrees 35 minutes East a
distance of 121.2 feet along said traverse line; thence South 35 degrees 24 minutes
East, a distance of 313.3 feet; thence South 63 degrees 08 minutes East a distance of
98.9 feet to an iron pin; thence in a westerly direction along the 80-foot right of way

THURSDAY, MARCH 6, 1986

2193

of Richland Creek Road a distance of 1138.7 feet to an iron pin located on the south easterly right of way of Sycamore Road; continuing thence in a westerly direction along the northerly right of way of Richland Creek Road and following the curvature thereof 541.1 feet to an iron pin located on the land lot line common to Land Lots 336 and 337; thence northwesterly along said land lot line, 385.4 feet to an iron pin and rock corner; thence North 58 degrees 11 minutes East, 1120 feet to an iron pin on the easterly right of way of Sycamore Road; thence North 58 degrees 11 minutes East a distance of 227.5 feet to an iron pin; thence North 24 degrees 34 minutes West a distance of 173.8 feet to an iron pin; thence North 21 degrees 40 minutes West a distance of 1231.4 feet to an iron pin 12 feet from Richland Creek; thence South 69 degrees 08 minutes West a distance of 162.9 feet to an iron pin on the easterly right of way of Sycamore Road; continuing thence westerly to an iron pin on the westerly right of way of Sycamore Road; thence South 39 degrees 36 minutes West a distance of 146.3 feet along the traverse line of Richland Creek to a point; thence North 75 degrees 57 minutes West a distance of 194.9 feet; thence North 38 degrees 00 minutes West a distance of 138.8 feet; thence South 77 degrees 42 minutes West a distance of 167.7 feet; thence North 50 degrees 22 minutes West a distance of 253.4 feet; thence continuing along said traverse line North 73 degrees 19 minutes West a distance of 127.0 feet to an iron pin; thence North 17 degrees 02 minutes West a distance of 35.0 feet to an iron pin located on the land lot line common to Land Lots 336 and 350; thence North 58 degrees 37 minutes East along said land lot line a distance of 585.2 feet to an iron pin located on the southwesterly right of way of Sycamore Road; thence northwesterly along the southwesterly right of way of Sycamore Road and following the curvature thereof, 742.6 feet to an iron pin, which iron pin sits at the centerline of Old Sycamore Road (dirt road); thence North 82 degrees 26 minutes East, 13.4 feet to a point; thence North 65 degrees 45 minutes East, 100 feet to a point; thence South 53 degrees 50 minutes West, 1,419.57 feet to a point; thence North 30 degrees 23 minutes West, 150 feet to a point; thence South 53 degrees 37 minutes East, 41 feet more or less, to a point; thence North 36 degrees 01 minutes West, 159.42 feet to a point; thence North 53 degrees 59 minutes West, 823.23 feet to a point on the centerline of said Old Sycamore Road; continuing along the centerline of said road the following: North 54 degrees 48 minutes West 28 feet, North 70 degrees 50 minutes West, 100 feet, and North 58 degrees 55 minutes West, 75 feet; thence North 65 degrees 50 minutes West, 95.4 feet to an iron pin; thence South 19 degrees 56 minutes West, 175.2 feet to an iron pin; thence South 52 degrees 12 min utes West, 573 feet to an iron pin; thence North 29 degrees 23 minutes West, 51.5 feet to an iron pin; thence South 64 degrees 04 minutes West, 275.5 feet to an iron pin on the land lot line common to Land Lots 349 and 350; run thence along said land lot line North 29 degrees 23 minutes West, 570.6 feet to an iron pin; continue thence North 29 degrees 23 minutes West, 3 feet to a point in the center of a branch; run thence northerly along the centerline of said branch and following the meanderings thereof 1,054.2 feet to a point; thence South 59 degrees 51 minutes West, 835.5 feet to an iron pin on the easterly right of way line of a county road (based on a 50-foot right of way); run thence along said right of way line North 05 degrees 16 minutes West, 293 feet to an iron pin, North 30 degrees 16 minutes West, 400 feet to an iron pin, North 06 degrees 21 minutes West, 306.4 feet to an iron pin, and North 03 degrees 08 minutes West, 300 feet to an iron pin; run thence South 61 degrees 18 min utes West and crossing said county road a distance of 652.5 feet to an iron pin; run thence North 06 degrees 36 minutes West 595 feet to an iron pin; run thence South 61 degrees 08 minutes West, 601.8 feet to an iron pin on the easterly right of way line of Suwanee-Buford Dam Road; run thence along said right of way line North 06 degrees 59 minutes West, 87.3 feet, North 04 degrees 06 minutes West, 98.7 feet, and
North 01 degree 33 minutes West, 14 feet to an iron pin; run thence North 60 degrees
41 minutes East, 200 feet to an iron pin; run thence North 01 degree 40 minutes West,
100.7 feet to an iron pin; run thence South 60 degrees 27 minutes West, 200 feet to
an iron pin on the easterly right of way line of Suwanee-Buford Dam Road; run
thence North 0 degrees 52 minutes West along said right of way line 300 feet to an

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JOURNAL OF THE HOUSE,

iron pin; run thence North 59 degrees 46 minutes East, 1099.9 feet to an iron pin on the southwesterly right of way of Buford Dam Road (60-foot right of way); run thence in a northwesterly direction along the southwesterly right of way of Buford Dam Road, 550 feet, more or less, to a point on the southeasterly right of way of SuwaneeBuford Dam Road; thence crossing said Buford Dam Road to a point at its intersec tion with Spillway Road; thence Running North 33 degrees 33 minutes East, 45 feet to a point located on said Spillway Road; thence North 59 degrees 07 minutes West 33 feet to a point; thence South 68 degrees 46 minutes East, 148.5 feet to a govern ment marker; thence South 25 degrees East, 218.6 feet to a point on the Northeasterly side of Buford Dam Road; thence running southeasterly along the northeasterly right of way of Buford Dam Road to a point where the northerly right of way of Lakeside Avenue would intersect said Buford Dam Road if it were extended; thence crossing Buford Dam Road in a southerly direction to a point at the southeasterly intersection of Lakeside Avenue and Buford Dam Road; run thence South 30 degrees 10 minutes East, 1303.7 feet to a concrete monument on the land lot line common to Land Lots 350 and 363; run thence North 60 degrees 49 minutes East along said land lot line, 2269.7 feet to a point on the southwesterly right of way of Sycamore Road; run thence along the southwesterly, westerly and northwesterly right of way of Sycamore Road, 875 feet, more or less, to the centerline of a Georgia Power Company right of way easement; thence South 49 degrees 41 minutes East across Sycamore Road to an iron pin in the center of said Georgia Power Company Easement; run thence South 49 degrees 41 minutes East, 493.3 feet to an iron pin; continue thence South 49 degrees 41 minutes East, 32 feet to a point in the center of a branch; run thence in a general northeasterly direction along the centerline of said branch and following the meanderings thereof, 1037 feet, more or less, to the point at which the centerline of said branch is intersected by the land lot line common to Land Lots 350 and 351; run thence southeasterly along said land lot line, 1946.6 feet to a point on the southeaste rly right of way of Jimmy Dodd Road; run thence 540.8 feet in a southwesterly direc tion along the southeasterly right of way of said road to a point, said point also being the point at which the southeasterly right of way line of said road is intersected by the centerline of an existing dirt road; run thence along the centerline of said dirt road South 16 degrees 35 minutes West, 159.6 feet, South 40 degrees 58 minutes West, 100 feet, South 57 degrees 48 minutes West, 100 feet, South 72 degrees 06 minutes West, 100 feet, and South 79 degrees 41 minutes West, 146.1 feet to a point on the southeasterly right of way of Jimmy Dodd Road; running thence in a southwesterly direction along the southeasterly right of way of Jimmy Dodd Road, 340 feet, more or less, to an iron pin located at the centerline of a gulley; running thence in an east erly direction, 697.4 feet, more or less, along the centerline of said gulley to an iron pin located on the land lot line common to Land Lots 336 and 350; running thence northeasterly along the common land lot line, 1224.6 feet to a pin at the Land Lot corner of Land Lots 335, 336, 350 and 351; thence North 56 degrees 54 minutes East, 1,710 feet to an iron pin; thence North 84 degrees 35 minutes West, 1074 feet to an iron pin on the southwesterly right of way of Jimmy Dodd Road; thence North 47 degrees 25 minutes East, 385.4 feet (crossing said Road) to an iron pin; thence South 31 degrees 50 minutes West, 775.4 feet to the centerline of Jimmy Dodd Road; thence in a northeasterly direction along the centerline of Jimmy Dodd Road and following the curvature thereof, 1840 feet, more or less, to a point on the southwesterly right of way of Buford Dam Road; continuing thence across Buford Dam Road to a point on the northsBsterly right of way of said road; running thence in a westerly, north westerly and northerly direction along the northeasterly right of way of Buford Dam Road to a point 140 feet northwesterly along said right of way from the land lot line common to Land Lots 334 and 352; thence easterly 200 feet to a point; thence nor
therly 130 feet to a point on the northerly right of way of Dogwood Circle; thence
northwesterly along the northerly right of way of Dogwood Circle, 85 feet to the inter
section of said right of way and the southeasterly right of way of Pinetree Drive;
thence northeasterly along the curvature of Pinetree Drive, 130 feet to a point; thence
northwesterly 200 feet to a point; thence in a more northerly direction 227.2 feet to

THURSDAY, MARCH 6, 1986

2195

a point; thence northeasterly 214.3 feet to a point; thence northwesterly 310 feet to a point; thence northerly 107 feet to a point; thence northeasterly 163 feet to a point; thence northwesterly along the northeasterly right of way of Dogwood Circle, 90 feet to a point on the southeasterly right of way of Oak Road; thence northeasterly along said right of way, 206 feet to the land lot line common to Land Lots 352 and 353; thence northerly along said land lot line, 50 feet, more or less, to a point lying 1380 feet northwesterly from the land lot corner common to Land Lots 333, 334, 352 and 353; thence northeasterly 792 feet to a point, being the northerly corner of property now or formerly owned by R.T. Gunter; thence southerly 1593 feet to the land lot corner; thence South 23 degrees 08 minutes 7 seconds West, 665.5 feet to a concrete monument; thence South 31 degrees 40 minutes 10 seconds East 499.83 feet to an angle iron; thence North 60 degrees 2 minutes 50 seconds East, 543.9 feet to an iron pin on the land lot line common to Land Lots 333 and 334; thence running North 59 degrees 00 minutes 51 seconds East, a distance of 355.47 feet to an angle iron found; thence running South 56 degrees 00 minutes East, a distance of 346.79 feet to an iron pin set on the southwestern boundary of the right of way of Dolvin Lane (40-foot right of way); thence running along the southwestern boundary of the right of way of Dolvin Lane South 20 degrees 00 minutes East, a distance of 55.44 feet to an iron pin found; thence running South 44 degrees 21 minutes 45 seconds West, a distance of 737.31 feet to an iron pin found; thence running South 13 degrees 35 minutes 13 seconds West, a distance of 218.94 feet to an iron pin found; thence running North 86 degrees 13 minutes 26 seconds West, a distance of 386.00 feet to a point; thence southwesterly 600 feet to a point on the northerly right of way of Buford Dam Road; thence easterly along said right of way to a point 87.5 feet easterly from the land lot line common to Land Lots 333 and 334; thence northerly 280 feet to a point; thence easterly 159 feet to a point; thence southerly 280 feet to a point on the northerly right of way of Buford Dam Road; thence easterly along said northerly right of way to the point where it intersects the land lot line common to Land Lots 326 and 333; thence south erly across Buford Dam Road; thence easterly along said southerly and southeasterly right of way to a point at the intersection of said road and the northeasterly right of way of Shadburn Ferry Road, which point is the true point of beginning.
This legal description is intended to include and is hereby declared to include that area shown as the City of Buford on the Official Zoning Map of Buford prepared by Keck & Wood, Inc., as said map existed on February 3, 1986. All the above-described territory shall be classified and zoned the same zoning classification as was designated by the City of Buford on February 3, 1986. Any future changes in the corporate limits of the City of Buford shall be shown on amended maps which shall be filed with the city and available for public inspection."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Martin of the 60th moved that the House agree to the Senate substi tute to HB 2064.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 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.

2196

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 Adams.G
Y Adams.M Y Aiken Y Alford Y Alien Y Andersen YArgo
Athcn Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Harriett,B
Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bolster
Bostick Y Branch YBray
Brooks Y Brown.G YBuck Y Burruss YByrd
Carter Y Chambless Y Chance Y Cheeks Y Childers

Childs N Clark.B
Clark,L Y Colbert Y Coleman Y Colwell
Connell Cooper Copelan Y Couch YCox Y 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 Good win Y Greene Y Greer Groover Y Hamilton Hanner Y Harris Y Hasty YHays

Y Heard Y Hill Y Holcomb Y Holmes Y Hooks Y Home
Hudson Y Isakson Y Jackson,J
Jackson.N Y Jamieson
Johnson.D Y Johnson.F Y Johnson,R Y Johnson,S Y Kilgore
Kingston Y Lane,D Y Lane,R
Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder YLogan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J
Matthews McDonald

Y McKelvey McKinney
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 Y Patten
Peters Y Pettit
Phillips Y Pinkston Y Porter
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 137, nays 1. The Bill, having received the requisite constitutional majority, was

Y Shepard Y Sherrod
Sinkfield Y Sizemore Y Smith.L Y Smith.P
Smith.T Y Smyre YSnow Y Stancil
Steinberg Thomas.C Y Thomas.M Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Y William8,R Y Wilson YWood Workman Y Yeargin Young Murphy,Spkr

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

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.

The following Senate amendment was read:

Amend HB 1854 by striking the quotation marks on line 6 of page 8 and inserting in its place the following:
"In cases where local zoning allows for mixed use development on property included in a zone for residential purposes, the creation of the zone for residential purposes is not intended to discourage or prohibit development of other locally permissive or per mitted uses. However, nonresidential uses of property will not be exempted from ad

THURSDAY, MARCH 6, 1986

2197

valorem taxation where found to exist or as may be developed in any zone for residential purposes created pursuant to this Act.'"

Representative Bolster of the 30th moved that the House agree to the Senate amend ment to HB 1854.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 341. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Anno tated, relating to required uninsured motorist coverage in motor vehicle liability insurance policies, so as to change provisions relating to motor vehi cles considered to be uninsured motor vehicles; to change provisions relating to underinsured motorist coverage.

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 Anderson Y Argo Athon Y Atkins N Auten Y Bailey Y Balkcom N Bannister Bargeron Y Barnett,B Harriett,M YBeck Y Benefield YBenn Birdsong Bishop Y 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 Clark.B
Y Clark.L Colbert
Y Coleman Colwell
Y Connell Y Cooper
Copelan Y Couch YCox
Crawford
Y Crosby Y Cummings
Daugherty Y Davis
Dean Y Dixon N Dobbs N Dover Y Dunn
Y Edwards Y Felton N Floyd Y Foster
Galer
Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton
Hanner Y Harris Y Hasty NHays

N Heard YHill Y Holcomb
Y Holmes N Hooks Y Home
Hudson Y Isakson N Jackson,J Y Jackson.N N Jamieson
Johnson.D Y Johnson,F Y Johnson,R Y Johnson,S Y Kilgore
Kingston Y Lane,D
Y Lane,R Y Lawler Y Lawrence Y Lawson
Y Lee.C YLee.W
Linder Y Logan
YLong YLord Y Lucas
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
Mostiler Y Moultrie
Mueller
Y Oliver.C Y Padgett Y Pannell
Y Parham Parrish
Y Patten Peters
Y Pettit Y Phillips
Pinkston
Y Porter
Rainey Y Ramsey.T Y Ramsey.V Y Randall
Y Ransom
NRay Y Reaves
N 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 120, nays 19. The Bill, having received the requisite constitutional majority, was

N Shepard N Sherrod Y Sinkfield
Y Sizemore Y Smith.L Y Smith.P Y Smith.T YSmyre
Snow
Y Stancil Y Steinberg Y Thomas.C Y Thomas.M
Thompson Y Townsend Y Triplett
Twiggs N Waddle
Waldrep Walker.C Y Walker.L
Y Wall Ware
N Watson
N Watts White
Y Wilder Y Williams.B N Williams,J Y Williams,R
Wilson N Wood Y Workman Y Yeargin
Y Young Murphy ,Spkr

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Representative Isakson of the 21st stated that he inadvertently voted "aye" on the preceding roll call. He wished to vote "nay" thereon.

Representative Thompson 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.

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.

The following Committee substitute was read:

A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize the Secretary of State to prepare and publish certain notices and adver tisements; 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 prohibit certain officers from engaging in certain political activity; to provide for certain registration deadlines for special primaries and elections; to reenact certain provisions pro hibiting the conducting of any exit poll or public opinion poll with voters within 250 feet of a polling place; to provide for certain exceptions to restrictions on campaign activities and public opinion polling within the vicinity of a polling place; to provide that petitions for automatic recounts shall be filed with the Secretary of State if the recount involves a federal or state office and with the county election superintendent if the recount involves a county office; to provide that in the case of recounts based upon discrepancies or errors not apparent on the face of the returns, candidates for the offices of Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner of Agriculture, and Commissioner of Labor may petition the Con stitutional Officers Election Board for a recount; to authorize the Constitutional Officers Election Board to order a recount or recanvass; to change and clarify certain provisions relating to publishing the call of special elections; to change the provisions relating to eligi bility of municipal registrars, deputy registrars, and members of boards of elections for nomination for or service in public office; to prohibit certain officers from engaging in cer tain political activity; to provide for certain registration deadlines for special municipal primaries and elections; to reenact certain provisions prohibiting the conducting of any exit poll or public opinion poll with voters within 250 feet of a municipal polling place; to provide for certain exceptions to restrictions on campaign activities and public opinion polling within the vicinity of a municipal polling place; 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 20 of the Official Code of Georgia Annotated, relating to elections, is amended by striking paragraphs (10) and (11) of Code Section 21-2-50, relating to powers and duties of the Secretary of State, and inserting in their place new paragraphs (10), (11), and (12) to read as follows:
"(10) To prepare and provide a notice to all candidates for federal or state office advising such candidates of such information, to include requirements of this chapter, as may, in the discretion of the Secretary of State, be conducive to the fair, legal, and orderly conduct of primaries and elections. A copy of such notice shall be provided to each superintendent for his further distribution to candidates for county and militia dis trict offices; ad

THURSDAY, MARCH 6, 1986

2199

(11) To conduct training sessions at such places as he deems appropriate in each year, for the training of registrars and superintendents of elections? j and
(12) To prepare and publish, in the manner provided in this chapter, all notices and advertisements in connection with the conduct of elections which may be required by law."
Section 2. Said title is further amended by striking subsection (a) of Code Section 21-2-213, relating to qualifications of registrars and deputy registrars, and inserting in its place a new subsection (a) to read as follows:
"(a) Registrars and deputy registrars shall be electors of the county in which they are appointed and shall be able to read, write, and speak the English language. No person, while serving as a member of a county board of registrars, deputy registrar, or member of a county board of elections, or within a period of six months after so serving, shall be eligible for any nomination or office to be voted for at a general primary or gen eral election or to qualify for any nomination or office or to have his such person's name placed on any general primary or general election ballot pursuant to Code Sections 21-2-132 and 21-2-153 or to give notice of his intention of write-in candidacy; provided, however, that this ineligibility shall not apply to a tax commissioner or tax collector or to any candidate for such office of tax commissioner or tax collector. No person who is a member of a county board of registrars, deputy registrar, or member of a county board of elections shall be eligible for any nomination or office to be voted for at a special pri mary or special election or to qualify for any nomination or office or to have such person's name placed on any special primary or special election ballot pursuant to Code Sections 21-2-132 and 21-2-153 or to give notice of such person's intention of write-in candidacy until such person shall have resigned and is no longer serving as a registrar, deputy registrar, or member of a county board of elections. However, nothing contained in this Code section shall preclude a member of a county board of registrars, deputy registrar, or member of a county board of elections from qualifying for, or having his such person's name placed on the ballot, or holding office in a political party or body or serving as a presidential elector. No member of a county board of elections, board of registrar or deputy registrar, while conducting the duties of his such person's office, shall engage in any political activity on behalf of a candidate, political party or body, or question, including, but not limited to, distributing campaign literature, engaging in any communication that advocates or criticizes a particular candidate, office held** officeholder, or political party or body, and wearing badges, buttons, or clothing with partisan messages."
Section 3. Said title is further amended by striking Code Section 21-2-228, relating to registration of persons to vote in special primaries and elections, and inserting in its place a new Code Section 21-2-228 to read as follows:
"21-2-228. Any person who has registered for a general primary or election, if other wise qualified to vote at any special primary or election occurring before the next November election, shall be listed and entitled to vote at such special primary or elec tion. At the close of the registrars' business on the fifth day, if such date is a Sunday or a legal holiday, then on the next following business day, after the call of such special primary or election, the registrars shall cease taking applications from persons desiring to register to vote therein and proceed to examine the qualifications of the applicants in the same manner as provided in this article with reference to applicants desiring to qualify to vote in November electionSj except when a special primary is held at the same time as the general primary, the registration deadline for the special primary shall be the same as the general primary, and when a special election is held at the same time as the general election, the registration deadline for the special election shall be the same as the general election. The registrars shall then prepare a supplemental list show ing the names of additional electors who are entitled to vote at such special primary or election, and any person whose name appears on such list may vote at such special pri mary or election, subject to the limitations prescribed in the proviso contained in the first sentence of Code Section 21-2-235; but the registrars shall purge such list, before filing it, of all persons who will not be qualified to vote, in the same manner as provided

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with reference to the list for a November election. A certified list so prepared, arranged alphabetically, and divided according to precincts as in the case of November election lists shall be filed with the clerk of the superior court and the Secretary of State within ten days after the call of such special primary or election. The registrars shall determine and place on the official electors list each elector's proper congressional district, state Senate district, state House district, county commissioner district, if any, and county school board district, if any, and, if the county maintains the electors list for municipal ities within the county, the registrar shall also determine the proper city commission, city council, or other such municipal district for all electors residing in such municipal ities. It shall be the duty of the registrars upon the call of a special primary or election to purge the list of electors prepared for the last November election of any names subse quently disqualified for any reason and to furnish the poll officers of such special pri mary or election two lists, one composed of the names of electors entitled to vote by reason of their registration for the last November election and the other made up of the names of those entitled to vote by reason of their subsequent registration as provided in Code Section 21-2-227, subject to the limitations prescribed in the proviso contained in the first sentence of Code Section 21-2-235. No one shall be entitled to vote in such special primary or election unless his name is on one of the lists furnished by the regis trars. The registrars may combine such lists."
Section 4. Said title is further amended by striking Code Section 21-2-414, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, and inserting in its place a new Code Section 21-2-414 to read as follows:
"21-2-414. (a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters on any primary or elec tion day within 250 feet of any polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater.
(b) No person shall solicit signatures for any petition on any primary or election day within 250 feet of any polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater.
(c) This Code section shall not be construed to prohibit a poll officer from distrib uting materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted.
(d) Any person who violates this Code section shall be guilty of a misdemeanor. (e) This Code section shall not apply to conduct occurring wholly within any pri vately owned residence, privately owned business, or privately owned building."
Section 5. Said title is further amended by striking subsections (c) and (d) of Code Section 21-2-495, relating to procedures for a recount or recanvass of votes, and inserting in their places new subsections (c) and (d) to read as follows:
"(c) Whenever the difference between the number of votes received by a candidate who has been declared nominated for an office in a primary election or who has been declared elected to an office in an election or who has been declared eligible for a run off primary or election, and the number of votes received by any other candidate or candidates not declared so nominated or elected or eligible for a runoff shall be not more than 1 percent of the total votes which were cast for such office therein, any candi date or candidates receiving a sufficient number of votes so that the difference between his vote and that of a candidate declared nominated, elected, or eligible for a runoff is not more than 1 percent of the total votes cast, within a period of five days following the certification of the election results, shall have the right to a recount of the votes cast, if such request is made in writing by the losing candidate. If the office sought is a federal or state office voted upon by the electors of more than one county, the request shall be made to the Secretary of State who shall notify the superintendents of the several counties involved of the request. In all other cases, the request shall be made

THURSDAY, MARCH 6, 1986

2201

to the superintendent. The superintendent or superintendents shall order a recount of such votes to be made immediately. If upon such recount, it is determined that the orig inal count was incorrect, the returns and all papers prepared by the superintendent2 the superintendents, or the Secretary of State shall be corrected accordingly and the results recertified.
(d) Any other provision of this Code section to the contrary notwithstanding, a candidate for a federal or state office voted upon by the electors of more than one county, except the offices of Governor, Lieutenant Governor, Secretary of State, Attor ney General, State School Superintendent, Comptroller General, Commissioner of Agri culture, and Commissioner of Labor, may petition the Secretary of State for a recount or recanvass of votes, as appropriate, when it appears that a discrepancy or error, although not apparent on the face of the returns, has been made. The recount or recanvass may be ordered in the discretion of the Secretary of State in any and all coun ties in which electors voted for such office, and said recount or recanvass may be held at any time prior to the certification of the consolidated returns by the Secretary of State. A candidate for the office of Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner of Agriculture, or Commissioner of Labor may petition the Constitutional Officers Election Board for a recount or recanvass of votes, as appropriate, when it appears that a dis crepancy or error, although not apparent on the face of the returns, has been made. The Constitutional Officers Election Board may order, in its discretion, a recount or recanvass in any and all counties in which the electors voted for such office and said recount or recanvass may be held at any time prior to the certification of the returns by the Constitutional Officers Election Board. A recount or recanvass shall be conducted by the appropriate superintendent or superintendents in the manner and pursuant to the procedures otherwise provided in this Code section for a recount or recanvass, as appropriate. The petition te the Secretary ef State pursuant to this Code section shall be in writing and signed by the person or persons requesting the recount or recanvass. A petition shall set forth the discrepancies or errors and any evidence in support of the petitioner's request for a recount or recanvass and shall be verified. The Secretary of State or the Constitutional Officers Election Board, as appropriate, may require the petitioner or other persons to furnish additional information concerning the apparent discrepancies or errors in the counting or canvassing of votes."
Section 6. Said title is further amended by striking Code Section 21-2-540, relating to the manner of conducting special elections generally, and inserting in its place a new Code Section 21-2-540 to read as follows:
"21-2-540. Every special election shall be held and conducted in all respects in accordance with the provisions of this chapter relating to general elections; and the provisions of this chapter relating to general elections shall apply thereto insofar as practicable and as not inconsistent with any other provisions of this chapter. All special elections held at the time of a general election, as provided by Code Section 21-2-541, shall be conducted by the poll officers by the use of the same equipment and facilities, so far as practicable, as are used for such general election. At least 29 days shall inter vene between the call of a special primary and the holding of same, and at least 29 days shall intervene between the call of a special election and the holding of same. Except as otherwise provided by law this chapter, the superintendent of each county shall pub lish the call of the special election. Candidates in special elections shall not be listed on the ballot according to party affiliation unless a candidate has been nominated in a spe cial primary, in which event such a candidate shall have his name placed in a column under the name of his party."
Section 7. Said title is further amended by striking subsection (a) of Code Section 21-3-121, relating to qualifications of registrars and deputy registrars for the purpose of municipal elections, and inserting in its place a new subsection (a) to read as follows:
"(a) Registrars and deputy registrars shall be able to read, write, and speak the English language. No person, while serving as a registrar, deputy registrar, or member of a board of elections, or within a period of six months after so serving, shall be eligible

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to file a notice of candidacy for any nomination or office to be voted for at a general primary or general election; provided, however, that this ineligibility shall not apply to a tax commissioner or tax collector or to any candidate for the office of tax commis sioner or tax collector in performing the functions of a deputy to the board of registrars as provided in subsection (b) of Code Section 21-2-212. No person who is a registrar, deputy registrar, or member of a board of elections shall be eligible to file a notice of candidacy for any nomination or office to be voted for at a special primary or special election until such person shall have resigned and is no longer serving as a registrar, deputy registrar, or member of a board of elections. However, notbing contained in this Code section shall preclude a registrar, deputy registrar, or member of a municipal board of elections from qualifying for office, having his such officer's name placed on the bal lot, or holding office in a political party or body or serving as a presidential elector. No registrar or 2 deputy registrar, or member of a board of elections, while performing the duties of his such office, shall engage in political activity on behalf of a candidate, polit ical party or body, or question, including, but not limited to, distributing campaign literature, engaging in any communication that advocates or criticizes a particular candi date, officeholder, or political party or body while on duty, and wearing badges, buttons, or clothing with partisan messages."
Section 8. Said title is further amended by striking Code Section 21-3-126, relating to deadlines for receiving registration applications, and inserting in its place a new Code Section 21-3-126 to read as follows:
"21-3-126. (a) Registration for municipalities electing to use county registration lists shall be as follows:
(1) The county registrar shall cease taking applications for registration from per sons desiring to vote in municipal primaries or elections 30 days prior to such primary or election;
(2) The county registrar shall cease taking applications for registration from per sons desiring to vote in a special primary or election on the close of the registrars' business on the fifth day after the call of such special primary or election2 except when a special primary is held at the same time as the general primary, the registra tion deadline for the special primary shall be the same as the general primary, and when a special election is held at the same time as the general election, the registra tion deadline for the special election shall be the same as the general election; and
(3) The municipal registrar shall, upon receipt of the county registration list, or as soon as practicable thereafter but in no event later than three days prior to such pri mary or election, purge such list of the names of all persons who will not be qualified to vote at such primary or election. The registrar shall certify the list and file with the city clerk a copy showing the names of electors entitled to vote at such primary or election. Any person whose name appears upon such list may vote at such primary or election, subject to the limitations prescribed in the proviso contained in the first sentence of Code Section 21-3-136.
(b) Registration for municipalities maintaining their own registration lists shall be as follows:
(1) If any person whose name is not on the municipal registration list desires to vote at any primary or election, he shall, at least 15 days prior to the primary or elec tion at which he desires to vote, or at such other time as designated by charter or ordinance, apply to be registered as an elector. The registrars shall, at least 15 days but not more than 50 days prior to such primary or election, cease taking applications to qualify persons to vote in such primary or election j
(2) Any person who has registered for a general municipal primary or election, if otherwise qualified to vote at any special primary or election occurring before the next general election, shall be listed and entitled to vote at such special primary or election. At the close of the registrars' business on the fifth day (if a Sunday or a legal holiday, then on the next following business day) after the call of such special primary or elec tion, the registrars shall cease taking applications from persons desiring to register to vote therein: , except when a special primary is held at the same time as the general

THURSDAY, MARCH 6, 1986

2203

primary, the registration deadline for the special primary shall be the same as the gen eral primary, and when a special election is held at the same time as the general elec tion, the registration deadline for the special election shall be the same as the general election; and
(3) The registrar shall, no later than three days prior to such primary or election, pass upon the electors' qualifications and file with the city clerk a certified list show ing the names of those electors entitled to vote at such primary or election. Any person whose name appears upon such list may vote at such primary or election, subject to the limitations prescribed in the proviso contained in the first sentence of Code Section 21-3-136. Before filing such list, the registrars shall purge it of the names of all persons who will not be qualified to vote at such primary or election."
Section 9. Said title is further amended by striking Code Section 21-3-321, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, and inserting in its place a new Code Section 21-3-321 to read as follows:
"21-3-321. (a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters on any primary or elec tion day within 250 feet of any polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater.
(b) No person shall solicit signatures for any petition on any primary or election day within 250 feet of any polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater.
(c) This Code section shall not be construed to prohibit a poll officer from distrib uting materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted.
(d) This Code section shall not apply to conduct occurring wholly within any pri vately owned residence, privately owned business, or privately owned building."
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 following amendment was read and adopted:

Representatives Moultrie of the 93rd and Bray of the 91st move to amend the House Committee on State of Republic substitute to SB 296 by striking from line 9 of page 1 the following:
"elections",
and inserting in its place the following: "special elections".
By striking from line 5 of page 2 the following: "elections",
and inserting in its place the following:
"special elections". By striking from line 14 of page 2 the following: "20",

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and inserting in its place the following: "21".
By striking from lines 5 and 6 of page 5 the following: "special primary", and inserting in its place the following: "special primary or special election". By striking from line 7 of page 5 the following: "special primary", and inserting in its place the following: "special primary or special election". By striking from lines 8 and 9 of page 5 the following: "special election", and inserting in its place the following: "special primary or special election".

By striking from lines 10 and 11 of page 5 the following: "special election", and inserting in lieu thereof the following: "special primary or special election". By striking line 17 of page 7, which reads as follows: "privately owned business, or privately owned building.'", and inserting in its place the following: "privately owned business, or privately owned building which is not being used as a polling place.'" By striking from line 13 of page 12 the following: "special primary", and inserting in its place the following: "special primary or special election". By striking from line 15 of page 12 the following: "special primary", and inserting in its place the following: "special primary or special election". By striking from line 16 of page 12 the following: "special election", and inserting in its place the following: "special primary or special election".

THURSDAY, MARCH 6, 1986

2205

By striking from line 18 of page 12 the following: "special election", and inserting in its place the following:
"special primary or special election". By striking line 6 of page 15, which reads as follows: "privately owned business, or privately owned building.'", and inserting in its place the following: "privately owned business, or privately owned building which is not being used as a polling place.'"

An amendment, offered by Representative Bray of the 91st, was read and withdrawn.

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 Aiken
Y Alford Y Alien
Anderson Y Argo Y Athon Y Atkins Y Auten
Y Bailey Y Balkcom
Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong
Bishop Bolster Y Bostick Y Branch
YBray Brooks
Y Brown.G YBuck Y Burruss YByrd Y Carter
Chambless Y Chance Y Cheeks Y Childers

Y Childs Y Clark.B Y Clark.L Y Colbert
Coleman Colwell Y Connell
Y Cooper Copelan
Y Couch YCox Y Crawford Y Crosby
Cummings Daugherty 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
Groover Y Hamilton Y Manner Y Harris
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
Johnson,F Y Johnson,R Y Johnson,S Y Kilgore
Kingston Y Lane.D
Y Lane,R Y Lawler
Lawrence Lawson
Lee.C Y Lee.W Y Under Y Logan
YLong YLord
Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J
Matthews Y McDonald

Y McKelvey
McKinney Milam Y Milford Y Moody
Moore Y Morton Y Mostiler Y Moultrie Y Mueller N Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit
Y Phillips Pinkston
Y Porter Y Rainey
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

Y Shepard
Y Sherrod Y Sinkfield
Y Sizemore Y Smith.L Y Smith.P
Smith.T Y Smyre
Snow Y Stancil
Y Steinberg Thomas.C
Y Thomas.M Thompson
Y Townsend Y Triplett
Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White 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, as amended, the ayes were 138, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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JOURNAL OF THE HOUSE,

The following Resolution of the House was read and adopted:

HR 935. By Representative Greer of the 39th:
A resolution commending George Goodwin and recognizing Thursday, April 17, 1986, as "George Goodwin Day in the State of Georgia".

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 375. By Senator Kidd of the 25th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, known as the "Georgia Election Code," so as to change the provisions relating to procedures for qualification of candidates generally; to change the provisions relating to filing notice of candidacy; to change the provisions relating to nomination of candidates by petition.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," so as to change the provisions relating to procedures for qualification of candidates generally; to change certain provisions relating to filing notice of candidacy; to change the provisions relating to nomination of certain candidates by peti tion; to change the provisions relating to the nomination of certain candidates of political bodies by convention; to authorize a political body to nominate certain candidates by convention; to authorize certain political bodies to nominate certain candidates for public office by convention; to provide for form and procedures in connection with petitions to qualify political bodies to nominate certain candidates for public office by convention; to provide certain restrictions with respect to such petitions; to provide for examination of petitions and for judicial review; to provide for the filing of qualifying petitions in order to have candidates listed on the general election ballot; 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 2 of Title 21 of the Official Code of Georgia Annotated, known as the "Georgia Election Code," is amended by striking Code Section 21-2-130 in its entirety and inserting in lieu thereof a new Code Section 21-2-130 to read as follows:
"21-2-130. Candidates may qualify for an election by virtue of: (1) Nomination in a primary conducted by a political party; (2) Filing a nomination petition either as an independent candidate or as a nomi
nee of a political body, if duly certified by the chairman and the secretary of the polit ical body as having been nominated in a duly constituted political body convention as prescribed in Code Section 21-2-172;
(3) Nomination for a state-wide office by a duly constituted political body conven tion as prescribed in Code Section 21-2-172 if the political body making the nomina tion has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2-180;
{3} (4) In the case of an election for presidential electors, nomination as pre scribed by rules of a political party;
{4} (5) Substitute nomination by a political party or body or substitute nonpartisan nomination for judge as prescribed in Code Sections 21-2-134 and 21-2-155, respectively;
{6} (6) Candidacy in a special election as prescribed in subsection (d) of Code Section 21-2-132;

THURSDAY, MARCH 6, 1986

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(6} (7) Incumbent qualifying as a candidate to succeed himself such incumbent as prescribed in subsection (d) of Code Section 21-2-132; or
(7-> (8) Nomination in a nonpartisan primary for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court as prescribed in Code Section 21-2-138."
Section 2. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 21-2-132, relating to filing notice of candidacy and payment of fees, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Each candidate required to file a notice of candidacy by this Code section shall, no earlier than 9:00 A.M. on the fourth Wednesday in May and no later than 12:00 Noon on the second Wednesday in Jly first Tuesday in August immediately prior to the election, file with the same official with whom he filed his notice of candidacy a nomination petition in the form prescribed in Code Section 21-2-170, except that such petition shall not be required if such candidate is:
(1) A nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States;
(2) Seeking office in a special election; (3) An incumbent qualifying as a candidate to succeed himself such incumbent if, prior to the election in which he such incumbent was originally elected to the office for which he such incumbent seeks reelection, such incumbent filed a notice of candi dacy and a nomination petition as required by this chapter; er (4) A candidate seeking election to the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court in a nonpartisan primary; j or (5) A nominee for a state-wide office by a duly constituted political body conven tion, provided that the political body making the nomination has qualified to nomi nate candidates for state-wide public office under the provisions of Code Section 21-2-180."
Section 3. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 21-2-170, relating to nomination of candidates by petition, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A nomination petition of a candidate seeking an office which is voted upon state-wide state wide shall be signed by net less than 2r& a number of voters equal to 1. percent of the total number of electors registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such peti tion shall be registered and eligible to vote in the election at which such candidate seeks to be elected. ; a A nomination petition of a candidate for any other office shall be signed by net Jess than a number of voters equal to 5 percent of the total number of electors registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of electors registered voters in the constituency who would have been qualified to vote for such office had the election been held at the last general elec tion and the signers of such petition shall be registered and eligible to vote in the elec tion at which such candidate seeks to be elected."
Section 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 21-2-172, relating to nomination of presidential electors and candidates of political bodies by convention, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any political party desiring to nominate its presidential electors by convention and any political body desiring to nominate its candidates qualifying with petitions by convention, and any political body desiring to nominate its candidates for state-wide

2208

JOURNAL OF THE HOUSE,

public office by convention by virtue of qualifying under Code Section 21-2-180 shall, through its state executive committee, adopt rules and regulations in conformity with this Code section governing the holding of such conventions for the nomination of candi dates for any state, district, or county office. Such rules and regulations shall be filed with the Secretary of State, and no amendment to such rules and regulations shall be effective unless filed with the Secretary of State at least 30 days prior to the date of such convention. The state party or body chairman of such political party or body and its secretary shall accompany the filing of such rules and regulations with their certif icate certifying that the rules and regulations therein filed are a true and correct copy of the rules and regulations of the party pertaining to the nomination of candidates by the convention method."
Section 5. Said chapter is further amended by adding at the end of Article 4 a new Part 4 to read as follows:
"Part 4
21-2-180. Any political body which is duly registered as provided for in Code Section 21-2-110 is qualified to nominate candidates for state-wide public office by convention if:
(1) The political body files with the Secretary of State a petition signed by voters equal in number to 1 percent of the registered voters who were registered and eligible to vote in the preceding general election; or
(2) At the preceding general election, the political body nominated a candidate for state-wide office and such candidate received a number of votes equal to 1 percent of the total number of registered voters who were registered and eligible to vote in such general election. 21-2-181. Petitions to qualify political bodies to nominate candidates for state-wide public office by convention shall file with the Secretary of State petitions signed by voters in the manner provided in this part. Such petitions shall provide sufficient space for the printing of the voter's name and for the voter's signature. No forms other than those prescribed in this part shall be used for qualifying a political body to nominate candidates for public office. 21-2-182. Each person signing a political body qualifying petition shall declare therein that such person is a duly qualified and registered voter of the state, entitled to vote in the next election for members of the General Assembly, and shall provide with such person's signature such person's residence address and county and the date of such person's signature. No person shall sign the same petition more than once. Each petition shall support the qualification of only one political body. No signature shall be valid if made more than 15 months prior to the submission of the petitions to the Secre tary of State. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petitions to the Secretary of State for filing, but such request shall be disregarded if made after such presentation. 21-2-183. (a) A petition to qualify a political body to nominate candidates for public office by convention shall be on one or more sheets of uniform size, and different sheets must be used by signers residing in different counties. The upper portion of each sheet shall bear the name and title of the Secretary of State and the political body to be formed by the petition. If more than one sheet is used, they shall be bound together when offered for filing. (b) Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet setting forth:
(1) The residence address of the circulator; (2) That each signer manually signed such signer's own name with full knowledge of the contents of the political body qualifying petitions; (3) That, to the best of the affiant's knowledge and belief, the signers are regis tered voters of the State of Georgia, qualified to sign the petition; (4) That their respective residences are correctly stated in the petition; and (5) That they all reside in the county named in the affidavit.

THURSDAY, MARCH 6, 1986

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21-2-184. A petition to qualify a political body to nominate candidates for state-wide public office by convention shall not be amended or supplemented after its presentation to the Secretary of State for filing.
21-2-185. No petition to qualify a political body shall be submitted to the Secretary of State for verification after the first Tuesday in August.
21-2-186. Petitions to qualify a political body to nominate candidates for state-wide public office by convention shall be examined and shall be subject to judicial review in the same manner as provided for candidates nominated by petition pursuant to Code Section 21-2-171.
21-2-187. Political bodies shall hold their conventions in accordance with Code Section 21-2-172 and candidates nominated for state-wide public office in convention shall file a notice of candidacy no earlier than 9:00 A.M. on the fourth Wednesday in May and no later than 12:00 Noon on the fourteenth day following the fourth Wednes day in May as prescribed in Code Section 21-2-132; provided, however, that the political body must file its qualifying petition no later than the first Tuesday in August following the convention as prescribed in Code Section 21-2-185 in order to qualify its candidates to be listed on the general election ballot."
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 roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams,M Y Aiken Y Alford
Alien Anderson
YArgo YAthon Y Atkins YAuten Y Bailey N Balkcom Y Bannister Y Bargeron Y Barnett.B
Bamett,M
YBeck Y Benefield YBenn
Birdsong Bishop Bolster Y Bostick Y Branch
YBray Brooks Brown.G
YBuck Y Burruss YByrd Y Carter
Chambless Y Chance Y Cheeks Y Childers

Y Childs
Clark.B Clark.L Y Colbert Coleman Y Cohvell
Y Connell Y Cooper
Copelan Y Couch YCox Y Crawford
Crosby
Y Cummings Daugherty Davis Dean
Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster
Galer YGodbee 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 Y Isakson
Y Jackson,J Y Jackson,N Y Jamieson Y Johnson,D
Johnson.F Y JohnsontR
Johnson,S Y Kilgore
Kingston YLane,D YLane.R Y Lawler N Lawrence
Lawson YLee,C YLee.W Y Linder
YLogan YLong YLord Y Lucas Y Lupton Y Maddox
Y Mangum Y Martin.C Y Martin,J
Matthews McDonald

Y McKelvey
McKinney
Milam Y Milford
Y Moody Moore
Y Morton Y Mostiler Y Moultrie N Mueller Y Oliver.C
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit
Y Phillips Pinkston
Y Porter Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom
YRay Y Reaves
Redding Richardson Y Robinson.C Y Robinson,? YRoss Y Royal Y Russell
YSelman

N Shepard
Y Sherrod Y Sinkfleld Y Sizemore Y Smith,L Y Smith,?
Smith,T YSmyre YSnow Y Stancil Y Steinberg
Thomas,C Y Thomas,M
Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
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
Young Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 135, nays 4.

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JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Townsend of the 24th arose to a point of personal privilege and addressed the House.

Representative Hill of the 83rd arose to a point of personal privilege and addressed the House.

Representative Smith of the 78th arose to a point of personal privilege and addressed the House.

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

HB 705. By Representatives Triplett of the 128th, Murphy of the 18th, Wood of the 9th, Colwell of the 4th, Dobbs of the 74th, and Evans of the 84th: A BILL to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power to contract, so as to author ize the department to award a contract when only one bid has been received on the project; to require the department to open such bid; to require disclo sure of the estimate; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 705

The Committee of Conference on HB 705 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 705 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ J. Tom Coleman,Jr.
Senator, 1st District
/s/ Al Holloway Senator, 12th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Carlton H- Colwe11 Representative, 4th District
/s/ Tom Tripiett Representative, 128th District

/s/ Waymond C. Huggins Senator, 53rd District

/s/ Joe T. Wood Representative, 9th District

A BILL
To amend Code Section 32-2-69 of the Official Code of Georgia Annotated, relating to the award of contracts to the lowest reliable bidder by the Department of Transporta tion, so as to provide procedures when only one bid is received on a project; to authorize the department to negotiate a contract under certain circumstances when only one bid is received; to authorize the department to negotiate a contract with the lowest reliable bidder under certain circumstances when the department made errors in the bidding docu ments; to authorize the department to award a contract to the next lowest reliable bidder if the lowest reliable bidder is released by the department because of an obvious error or if the lowest reliable bidder refuses to accept the contract; to provide for other matters

THURSDAY, MARCH 6, 1986

2211

relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 32-2-69 of the Official Code of Georgia Annotated, relating to the award of contracts to the lowest reliable bidder by the Department of Transporta tion, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 32-2-69 to read as follows:
"32-2-69. (a) The department shall award the contract to the lowest reliable bidder where at least two ef mere kids have been received from reliable bidders, provided that the department shall have the right to reject any and all such bids whether such right is reserved in the public notice or not and, in such case, the department may readvertise, perform the work itself, or abandon the project.
(b) If only one bid is received, the department shall open and read the bid. If the bid is at or below the department's cost estimate for the project as certified by the state highway engineer, such cost estimate shall be read immediately and publicly. If the bid exceeds the department's cost estimate for the project, the department may negotiate with the bidder to establish a fair and reasonable price for the contract, provided that the resulting negotiated contract price is not greater than the bid and that the department's cost estimate is disclosed to the bidder prior to the beginning of the nego tiations.
(c) If the department made errors in the bidding documents which resulted in an unbalanced bid, the department may negotiate with the lowest reliable bidder to correct such errors, provided that the lowest reliable bidder is not changed.
(d) If the lowest reliable bidder is released by the department because of an obvious error or if the lowest reliable bidder refuses to accept the contract and thereby forfeits the bid bond, the department may award the contract to the next lowest reliable bidder, readvertise, perform the work itself, or abandon the project."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Triplett of the 128th moved that the House adopt the report of the Committee of Conference on HB 705.
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 Y 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 Y Bolster Y Bostick Y Branch

YBray Brooks Brown.G
YBuck Y Burruss YByrd Y Carter Y Chambiess Y Chance
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 Y Davis YDean Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton
Floyd Foster Y Galer Godbee Y Goodwin Y Greene Y Greer Y Groover 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 Y Johnson.F Y Johnson.R Y Johnson,S Y Kilgore
Kingston Y Lane,D Y Lane.R
Lawler Y Lawrence Y Lawson YLee.C Y Lee.W Y Linder Y Logan YLong YLord

Y Lucas Y Lupton
Maddox Y Mangum Y Martin.C Y Martin,J
Matthews McDonald Y McKelvey McKinney Y Milam Y Milford Y Moody Y Moore Y Morion Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters

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Pettit Y Phillips Y Pinkston Y Porter YRainey YRamsey.T
YRamsey.V Randall Ransom Ray
Y Reaves

Y Redding Y Richardson
Robinson.C Y Robinson.P Y Ross Y Royal
Russell Y Selman Y Shepard Y Sherrod Y Sinkfield

Y Sizemore Smith.L Smith.P Smith,T
Y Smyre Y Snow
Y Stancil Y Steinberg
Thomas.C Y Thomas,M
Thompson

On the motion, the ayes were 136, nays 0. The motion prevailed.

Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C
Y Walker,L Y Wall Y Ware
Watson Y Watts

White Y Wilder Y Williams,B Y Williams,J Y Williams.R
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 passed, by substitute, the following Bill of the House:

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.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bills of the House:

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.

The President has appointed on the part of the Senate the following: Senators Harris of the 27th, Coverdell of the 40th and Howard of the 42nd:

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 President has appointed on the part of the Senate the following: Senators Kidd of the 25th, Dawkins of the 45th and Phillips of the 9th.

THURSDAY, MARCH 6, 1986

2213

The Senate has passed, as amended, by the requisite constitutional majority the following Bills 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.

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 Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1590. By Representatives Walker of the 85th, Brown of the 88th and Cheeks of the 89th:
A bill to amend an Act providing a charter for the City of Augusta, so as to abolish certain offices on the city council; to provide for continuation in office of the remaining members of council and provide for the election and terms of all successors thereafter.

The following Senate substitute was read:

A BILL
To amend an Act providing a charter for the City of Augusta, approved January 31, 1798 (Marbury's Digest, p. 136), as amended, particularly by an Act approved February 8, 1955 (Ga. L. 1955, p. 2120), and an Act approved April 11, 1979 (Ga. L. 1979, p. 4060), so as to change terms and abolish certain offices on the city council; to provide for con tinuation in office of certain remaining members of council and provide for the election and terms of all successors thereafter; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing a charter for the City of Augusta, approved January 31, 1798 (Marbury's Digest, p. 136), as amended, particularly by an Act approved February 8, 1955 (Ga. L. 1955, p. 2120), and an Act approved April 11, 1979 (Ga. L. 1979, p. 4060), is amended by designating as subparagraph (a) of paragraph (6) the following unnumbered paragraph of Section 1 of the amendatory Act of 1955:
"When elections shall be held. The city election shall be conducted on a day fixed by the mayor and council which falls between the fifth and thirtieth of October of each year. The mayor and council may change the date of the election from time to time by ordinance. The mayor shall be elected every third year beginning in 1957 by the voters of the city. The members of the council, of whom there are two for each ward, shall be elected, one from each ward, beginning in 1955 and continuing thereafter excepting the years of general election for mayor, for the term of three years each by the qualified registered voters of the City of Augusta at large and not by the voters of the respective wards.", and by adding at the end of that paragraph new subparagraphs (b), (c), (d), (e), and (f) to read as follows:

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"(b) Those four members of the city council from Wards 2, 4, 5, and 7 who were elected at the city general election in 1983 shall serve out their terms of office, which expire the first Monday of January, 1987, and until their respective successors are elected at the city general election in 1986 and are qualified. Those successors shall take office the first day of January, 1987, to serve for terms of office ending the first Monday in January, 1989, at which time those four offices shall be abolished and no person shall be elected at the city general election in 1988 or any year thereafter to any such abol ished office.
(c) Those four members of the city council from Wards 1, 3, 6, and 8 who were elected at the city general election in 1983 shall serve out their terms of office, which expire the first Monday in January, 1987, and until their respective successors are elected at the city general election in 1986 and are qualified. Those successors shall take office the first Monday of January, 1987, to serve for a term of three years and until their respective successors are elected and qualified. Thereafter, successors to such mem bers of the city council from Wards 1, 3, 6, and 8 whose terms are to expire shall be elected at the city general election immediately preceding the expiration of those terms and shall take office the first Monday of January immediately following that election to serve for terms of three years each and until their respective successors are elected and qualified.
(d) Those four members of the city council from Wards 1, 3, 6, and 8 who were elected at the city general election in 1985 shall serve out their terms of office, which expire the first Monday in January, 1989, at which time those four offices shall be abol ished and no person shall be elected at the city general election in 1988 or any year thereafter to any such abolished office.
(e) Those four members of the city council from Wards 2, 4, 5, and 7 who were elected at the city general election in 1985 shall serve out their terms of office, which expire the first Monday in January, 1989, and until their respective successors are elected at the city general election in 1988 and are qualified. Those successors shall take office the first Monday of January, 1989, to serve for a term of three years each and until their respective successors are elected and qualified. Thereafter, successors to such members of the city council from Wards 2, 4, 5, and 7 whose terms are to expire shall be elected at the city general election immediately preceding the expiration of those terms and shall take office the first day of January immediately following that election to serve for terms of three years each and until their respective successors are elected and qualified.
(f) Notwithstanding subparagraph (a) of this section or any other provision of the charter of the City of Augusta, on and after January 1, 1989, the city council shall con sist of eight members, with one member elected from each ward."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 85th moved that the House agree to the Senate substi tute to HB 1590.
On the motion the ayes were 103, nays 2.
The motion prevailed.

Representatives Connell of the 87th and Ransom of the 90th stated that they wished to be recorded as voting "nay" on the Senate substitute to HB 1590.

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:

THURSDAY, MARCH 6, 1986

2215

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 1642 Do Pass, by Substitute HB 2005 Do Pass SB 569 Do Pass, as Amended SB 573 Do Pass SB 574 Do Pass

SB 581 Do Pass SB 583 Do Pass, as Amended SB 585 Do Pass SB 586 Do Pass SB 597 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 1642. By Representative McKinney of the 35th:
A bill to amend an Act fixing the compensation of the board of commis sioners of counties having a population of 550,000 or more, so as to change the provisions relating to the United States decennial census used for the population classifications of such counties; to change the provisions relating to the compensation of the chairman and other members of the board of commissioners of such counties.

The following Committee substitute was read and adopted:

A BILL
To amend an Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, approved March 30, 1971 (Ga. L. 1971, p. 2369), as amended, particularly by an Act approved April 20, 1982 (Ga. L. 1982, p. 5100) and by an Act approved March 14, 1983 (Ga. L. 1983, p. 416), so as to change the provisions relat ing to the United States decennial census used for the population classifications of such counties; to change the provisions relating to the compensation of the chairman and other members of the board of commissioners of such counties; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, approved March 30, 1971 (Ga. L. 1971, p. 2369), as amended, particularly by an Act approved April 20, 1982 (Ga. L. 1982, p. 5100) and by an Act approved March 14, 1983 (Ga. L. 1983, p. 416), is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. The chairman of the board of commissioners of 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 shall be compensated in an amount not exceeding $17,000.00 per annum. Each of the other members of any such board of commissioners shall be compensated in an amount not exceeding $16,000.00 per annum. The compen sation of the chairman and members of the board of commissioners of such counties shall be fixed within the limitations provided in this section by a budget providing for the amount of such compensation being adopted by such board of commissioners, but

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a change in compensation may not become effective until on or after the date the mem bers of the board take office following a regular county election. The compensation pro vided for in this section shall be paid in equal monthly installments on the first day of each month out of the county treasury."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 2005. By Representative Maddox of the 7th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Gordon 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.

SB 569. By Senators Harrison of the 37th and Brannon of the 51st:
A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," so as to provide additional powers to the authority; to empower the authority to make contracts and to execute all instruments necessary or convenient to bill customers of subdivisions for street lights con structed and installed in subdivisions and to pay for the costs of electrical service for such street lights.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend SB 569 by striking line 16 of page 1 in its entirety and inserting in lieu thereof the following:
"the Authority, the Authority, subject to the prior approval of the governing authority of Cherokee County, shall be authorized to make".

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.

THURSDAY, MARCH 6, 1986

2217

SB 573. By Senator Kidd of the 25th:
A bill to authorize the governing authority of Jasper 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.

The report of the Committee, which was favorable to the passage of the Bill, was 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 574. By Senator Kidd of the 25th:
A bill to amend an Act creating a board of commissioners for Jasper County, so as to change the compensation of the chairman and other members of said 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.

SB 581. By Senator Cobb of the 28th:
A bill to provide that certain property in the homestead of each resident of Spalding County who is totally disabled or 62 years of age or older and who has less than $12,500.00 per year of specified income shall be entirely exempt from Spalding County and Spalding County School District ad valorem taxa 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 583. By Senator Bond of the 39th:
A bill to amend Code Section 36-30-3 of the Official Code of Georgia Anno tated, relating to ordinances binding succeeding councils, so as to permit municipal governing authorities in cities having populations of not less than 400,000 according to the United States decennial census of 1980 or any future such census to enter into binding contracts regarding downtown development areas and urban redevelopment areas.

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs moves to amend SB 583 by striking from line 21 of page 1 the following:
"corporations",
and inserting in its place the following:
"entities".

2218

JOURNAL OF THE HOUSE,

By striking from line 27 of page 1 the following: "or which is located in", and inserting in its place the following: "and which is located in or contiguous to".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 585. By Senators Bond of the 39th, Scott of the 36th, Engram of the 34th 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 Atlanta, Fulton County, and DeKalb County, or either of them, to enter into contracts with each other, or with a Hospital Authority, without the necessity of an election and irrespective of the debt limitation provision of the Con stitution.

The report of the Committee, which was favorable to the passage of the Bill, was 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 586. By Senators Bond of the 39th, Scott of the 36th, Engram of the 34th 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 issuance of revenue anticipation obligations by the City of Atlanta, Fulton County, or DeKalb County, to provide for funds for the construction of grandstands and stadiums or to provide funds to extend, repair, or improve such existing facilities.

The report of the Committee, which was favorable to the passage of the Bill, was 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 597. By Senator Reddish of the 6th:
A bill to amend an Act placing the tax commissioner of Wayne County on a salary basis in lieu of a fee basis, so as to change the compensation of that tax commissioner; to delete certain provisions regarding employees needed in the issuing of license plates.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

THURSDAY, MARCH 6, 1986

2219

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 adheres to its substitute and has appointed a Committee of Conference on the following Bills of the House:

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.

The President has appointed on the part of the Senate the following: Senators Greene of the 26th, Garner of the 30th and Trulock of the 10th.

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 President has appointed on the part of the Senate the following: Senators Phillips of the 9th, Peevy of the 48th and Walker of the 43rd.

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

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 following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1858

The Committee of Conference on HB 1858 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1858 be adopted.
Respectfully submitted,

2220

JOURNAL OF THE HOUSE,

FOR THE SENATE:
/a/ Donn M. Peevy Senator, 48th District
/s/R. T. Phillips Senator, 9th District
/s/ Gene Walker Senator, 43rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Charles Bannister Representative, 62nd District
/s/Mike Barnett Representative, 59th District
/s/ Charles Martin Representative, 60th District

A BILL
To amend an Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, so as to change the compen sation of the judges of the state court; to change the compensation of the solicitor; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act to continue and re-create the State Court of Gwinnett County, approved March 23, 1977 (Ga. L. 1977, p. 3331), as amended, is amended by striking in its entirety subsection (c) of Section 13, which reads as follows:
"(c) Each of the judges shall be paid a salary of $48,000.00 per annum, payable monthly out of the treasury of Gwinnett County by the officers of said county author ized to pay out the funds of said county. The salary of such judges shall be an expense of said court.", and inserting in its place a new subsection (c) to read as follows:
(c) Each of the judges shall be paid an annual salary equal to the sum of 85 percent of the annual salary of a judge of superior court, as paid by the state, plus 85 percent of the annual amount of any supplement paid by the governing authority of Gwinnett County to a judge of the superior court. Such salary shall be payable in equal monthly installments out of the treasury of Gwinnett County by the officers of said county authorized to pay out the funds of said county. The salary of such judges shall be an expense of said court."
Section 2. Said Act is further amended by striking in its entirety subsection (c) of Section 14, which reads as follows:
"(c) The solicitor shall be paid an annual salary of $30,000.00, payable in equal monthly installments from Gwinnett County funds. The salary of the solicitor shall be an expense of the court. Said salary shall be increased by 3 percent on January 1, 1982, and by an additional 3 percent of the previous year's salary on January 1 of each year thereafter.", and inserting in its place a new subsection (c) to read as follows:
"(c) The solicitor shall be paid an annual salary equal to the sum of 85 percent of the annual salary of a district attorney, as paid by the state, plus 85 percent of the annual amount of any supplement paid by the governing authority of Gwinnett County to the district attorney of the Gwinnett Judicial Circuit. Such salary shall be payable in equal monthly installments out of the treasury of Gwinnett County by the officers of said county authorized to pay out the funds of the county. The salary of the solicitor shall be an expense of the court."
Section 3. This Act shall become effective on January 1, 1987.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Barnett of the 59th moved that the House adopt the report of the Committee of Conference on HB 1858.
On the motion, the ayes were 103, nays 1.

THURSDAY, MARCH 6, 1986

2221

The motion prevailed.

Representative Wall of the 61st stated that he wished to be recorded as voting "nay" in the adoption of the report of the Committee of Conference on HB 1858.

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 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 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.

The Senate insists on its amendment to the following Bill of the House:

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 Senate insists on its amendments to the following Resolutions of the House:

HR 593. By Representative Johnson of the 76th: A resolution compensating Wyman Nail, Jr., and Rhonda Nail.

HR 666. By Representative Lupton of the 25th: A resolution compensating Mr. Paul Webb, d.b.a. Kwik Kopy #206.

The Speaker Pro Tern assumed the Chair.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

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.

The following Committee substitute was read:

2222

JOURNAL OF THE HOUSE,

A BILL
To amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to extensively revise the requirements for motor vehicle insurance and the penalties for failure to comply with the requirements for motor vehicle insurance; to provide for proof of motor vehicle insurance prior to the licensing of vehicles; to provide for filing of financial responsibility; to provide what shall be considered a conviction for the purposes of license suspensions; to prohibit insurers from issuing proof of insurance which indicates coverage for a period of time in excess of the period of time for which premiums have actually been paid; to provide for notices of cancellation; to provide for the furnishing of information to the Department of Public Safety; to provide for violations, penalties, and penalty fees; to provide for the sus pension of licenses, tags, and tag registrations; to authorize rules and regulations; to amend Code Section 17-6-11 of the Official Code of Georgia Annotated, relating to the deposit of a chauffeur's or driver's license in lieu of incarceration, formal recognizance, or bail, so as to allow such deposit for an offense under Chapter 34 of Title 33; to amend Code Section 40-6-206 of the Official Code of Georgia Annotated, relating to circumstances under which a police officer may remove a vehicle, so as to authorize the removal of an uninsured vehicle under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," is amended by striking in their entirety Code Sections 33-34-10, 33-34-10.1, 33-34-10.2, 33-34-11, and 33-34-12 and insert ing in lieu thereof the following:
"33-34-10. (a) fi)--Frem and after <hrfy IT 1077, ne No motor vehicle shall be licensed by this state until the owner has furnished proof in the form provided in this subsection to the licensing authorities that there is in effect the minimum insurance coverage required by this chapter or that there is in effect an approved self-insurance plan and that such coverage was initially issued for a period to exceed 69 180 days. This time period shall apply only to private passenger vehicles. The commissioner of public safety shall prescribe by rules and regulations the necessary information which shall be required to be furnished in order to satisfy this subsection; however, such information as pertains to the minimum insurance coverage shall contain the certifi cation of the applicant that minimum insurance is in force and the premium has been paid in full or the premium is being paid on an installment basis and that the pre mium for the first 60 days has been paid in full. The insurer, within five days after the effective dateef a permitted cancellation of auch coverage, shall notify the Dcpartntent ef PWte Safety in writing ef- the cancellation.
{3)--(A)--Any person knowingly making a false certification ander this Code section 9ftAll DC guilty of ft misdemeanor find, upon conviction thereof, 911&11 ofr subject to
a f1iIrIt1fC- wf\Tf *I%HJAL 1*11iVfiJp1fCi flihlm otiil iifptll)\fJlW flfl.V(\CUl TfJ\Tf iim mJrJ\rri1a9fU\nI1mII1fm CIIt TfftT\rT lml{vJtt IrvIIUr>Fi-Cn tLhIoIcrlIl QtTfU\ UrlHtitjm rS. TXyi%l
addition te saen punishment, the person's operator's license and license tag shaH be suspended rof a period of or? days, oucn person snarl oe peQuired to submit sucn operator's license, license tagr and tag registration te the court upon conviction. The eettrt snail forward aH licenses, license tags, and tag registrations te the Department Or l ublic oatety. upon satisfactory ppooi of minimum tnsuranee coverage as peQuiPCd oy tilts cnaptep, tttc connmissioner of public saiety snail toptnwitn return trie license ta and tfl registration to tne owner of tne venicie. upon sa11siactory
ston ftas ended, proof of minimuift insurance coverage nas been filed, and tne pay~ met ef a $26.00 restoration fee na been made te the department, the commissioner of public satety snail petum tne operator s license suspended under the provisions ef this Code section te the operator ef the motor vehicle.
{B)--Per a second- er subsequent conviction ander this subsection within a fiveyear period, in addition te the fine er imprisonment provided in subparagraph {A)

THURSDAY, MARCH 6, 1986

2223

ef this paragraph, the person's operator's license and license tag shall be suspended for a period of 96 days. The procedures provided in subparagfaph {A-} of this paragraph top the submission find tOPwarding of licenses, license tags, ftnci tag registraTM tiona shaH apply to suspensions under this subparagraphr Upon satisfactory proof
public safety shall forthwith return the license tag and tag registration to the owner of the vehicle. upon satisfactory proot of compilance with the provisions of this chapter and after the 90 day suspension period has ended; proof f minimum insurance coverage nas been tiled) proot nets been tiled of motor vehicle liability msurTM sncG equivalent to that required as evidence of security tor DOdiiy injury inct property damage liability under the motor vehicle safety responsi butty laws ot inis state, and the payment of a $26.00 restoration fee has been made to the department,

{)--Any person convicted of a violation ander this subsection shall additionally comply with the requirements of subsection {a} of Gede Section 33-34-10.1. \o)--Any person retusing to deliver ttts motor vehicle opePStop s license, motor vehi* de license tag; and tag registration to the court after a conviction of knowingly maKing ft false certification under this suosection shall be held m contempt of court until stteh license, license tag; and tag registration are delivered.
fey the insurer, upon receipt of notification of seh cancellation, the Department of Public Safety shaH send a notice to the owner of the motor vehicle that the Department ot rubiie oaiety ftas been intormed ot te tact ot the cancellation. upon receipt ot the notice from the Uepartment ot public oaiety, rt shaii be the duty of the owner of such motor vehiciCj on such torm provided by the L)epartment ot i UDIIC oaiety, to notity the
required by this chapter, indicating the insurance company with which any coverage has been obtained and the policy number or binder number and the certificate required by the Department of Public Safety. The information shall be furnished to the Department ot 1 uDlic oQicty within TO days ot tnc date on wnicn tne notification was mailed by tnc Department ot l uulic oaiety. oucn towns snail contain sucn additional information as may be required by the Department of Public Safety. If that information is net received by tne iJepartment ot ruolic oaiety witiwn tfte specified time period or it no minimum insurance coverage has been obtained^ the Uepartment ot ruDiic oaiety shall suspend ttte motor vehicle operator's license of the owner and the motor vehicle license tag
owner of the motor vehicle to forward his meter vehicle operator's license and any mete* vehicle license tag and tag registration issued te such vehicle te the Department ef rubiic oaiety. Upon satis tactory proof ot compllance witii this chapter^ the commis-
tag registration suspended under this Oode section to the owner of the motor vehiciej providetr^ however, that, wi cases where the operator s license and motor vehicle license
chapter and the payment ef a $26.00 restoration fee te the Department ef Public Safety fflt order to receive his operator "8 license, motor vehicle license tag, And tag registration^ provided, turther, that, tn cases where the operator s license and motor vehicle license tag have been suspended under this subsection for a second or subsequent tkne during dfty two~year period, the Ltepartment ot rubiic oatety snarl suspend the motor1 vehicle operator s license and the motor vehicle license tag tor a period of ov daysj and the sus pension snail remain tn ettect until the owner submits prooi of compliance witn tms chapter and the payment ef a $26.00 restoration fee te the Department of Public Safety.
(b) Insurers shall issue at least two proof of insurance cards as prescribed by the commissioner of public safety to the owner of each vehicle. It shall be unlawful for any insurer to provide proof of any insurance required by this chapter which indicates cover age for any period of time that exceeds six months without requiring full payment of the premium. Any insurer violating the provisions of this subsection shall be guilty of a misdemeanor.

2224

JOURNAL OF THE HOUSE,

fe)--4t)--Similarly, in caaea in which a person is convicted ef knowingly operating or knowingly authorizing another te operate a motor vehicle without effective insurance
addition to any other punishment, such peraon'a operator's license ahaH be auapcnded tor ft period of (?y days sncrj ift the case of the owner, the license* ta fop each vetiicle
and tag registration where applicable, to the court upon conviction. The court .shall forward such licenses, license taga, and tag registration te the Department ef Public

tag registration te the owner ef the vehicle. Upon satisfactory preef ef compliance witn tne provisions of this chapter &nd aitep trie oU day suspension n&s ended, ppooi
tien fee has been made te the department, the commissioner ef paWte safety shaH return trie operator s ftcense suspended under the provisions of this oode section TO the operator ef such meter vehicle.
43)--Per a second er subsequent offcnse under this subsection, the commissioner ef public safety shall require, as an additional condition fer the restoration ef a person's operator's license, the filing ef proof ef meter vehicle liability insurance equivalent te tnat required as evidence of security lor bodily injury and property damage liability tmder the meter vehicle safety responsibility laws of thia state.
\fjj----Any person refusing to deliver his motop vehicle opePStor s license, motor veinTM ele license tag; and tag registration to the court after a conviction ef knowingly eperating of Knowingly authorizing another to opep&te ft motop vehicle without eilective insurance thereon OP without an approved plan of sell "insurance as peQUiped oy this chapter shall be held in contempt of court until such license, license tag; and tag regiatration ape delivered.
\Q) Any person convicted of ft vioistion under this su usection shftll ftdditionftlly comply with the rcquirementa ef subsection fa) of Code Section 33-34-10.1. 44)--(i)--The Department of Public Safety, upon suspending the motor vehicle opGrfttor s license OP motor vehicle license ti ds provided TOP TB this chspter, shflll require that the license, tag; and tag registration be surrendered te the Department OT rUDiic oftfety immedifttely following the ettective dftte of suspension} tnd rt ts trie duty OT sny owner OP opepstor, mrmedi&tely upon receipt ot notice ipom the ' ment of ruDiic ofliety, to lopwflpd the operfltop s license, license t&, &nd t& tien te the Department ef Public Safety.
re^istrfltion sre not received oy the uep&rtment of ruolic ostety within ten dftys following the effective date ef suspension, the commissioner ef public safety shall
direct flny niGiHDer of tnc v^Gorgifl otflte rfltrol OP sny pe&ce oiiicep to secure possession of the license, ts^, ftnd ts^ pe^istrfttion ftnd return the sftme TO the commiasionep of public safety.
suspension shaH occur when the driver receives actual knowledge er legal notice ef the suspension, whichever eeewa first. For the purposes of making ay determination under this chspter peidtin^ to the petupn of ft suspended motop vehicle opepatop s license or meter vehicle license tag; no period ef suspension tinder this chapter shall begin until the liccnac, tag; and tag registration are aurrcndered to the Department of Public Safety er te a court of competent jurisdiction under any provisions of this chapter, whichever date shaH first occur. If the meter vehicle operator'a liccnac, meter venicie license t&^, OP tfl^ re^istpfttion TS lost OP if fop sny othep peason surrender to the Department ef Public Safety is impossible, the period of suspension shall begin on the date an at f idftvit setting forth the reasons top such imposstoility is~ received by the Department ef Public Safety:
44)--It shall be unlawful te refuse te deliver upon a legal demand any motor vehicle operator's license, meter vehicle license tag; er tag registration.

THURSDAY, MARCH 6, 1986

2225

i&)--Any person violating paragraph {i} ef this subsection shftH fee guilty ef a BHSdemeftnor Sflu, upon conviction thereof, sh&ll oc su pjcct to ft tine of not more th&n

requires the Uepflrtment or ruoiic oftiety to ive notice to ft person sitecting such
seh notice ad the name and address shewn en the notice ef cancellation supplied -by the insurer fts required oy this Oode section shsil oe presumptive evidence th&t the person received the required notice.
\TJ----\ L)--i ne owner of ft motor vehicle shftil Keep proof or evidence ot tne minimum insurance coverage required fey this chapter in the vehicle at H times <hing its eper-
JpiO.UUj however, tnere shftii oe no suspension or the person s oper&tor s license or meter vehicle license tag fer a violation ef this paragraph.
vehicle to produce prooi or evidence or minimum insur&nce cover&ge required tyy this cn&ptGF ftt ftny time the iftw enforcement otticer reQuests the presentstion or the operator's license ef the driver ef the vehicle. 33-34-10.1. (a) Any person convicted of a violation of subsection (a)2 (b), or subscctien (c) of Code Section 33-34-10 33-34-12 shall be required to file with the department and maintain for a period of three years from the date of conviction proof of financial responsibility, as such term is defined in paragraph (5) of Code Section 40-9-2. (b) If the proof of financial responsibility filed in accordance with subsection (a) of this Code section is based upon a policy issued by an insurance company, such insurer may not cancel the policy until the department is given at least 30 days' prior written notice of such cancellation. 33-34-10.2. (a) For the purposes of mandatory suspension of a driver's license er license tag for a first violation of subsection (a)2 (b), or (c) of Code Section 33-34-10 33-34-12, a forfeiture of bail or collateral used to seek a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilty shall be considered a con viction regardless of whether the sentence is suspended, probated, rebated, or revoked. A plea of nolo contendere shall not be considered a conviction under this subsection, but a record of the disposition of the case shall be forwarded by the court to the Depart ment of Public Safety for the purposes of counting the plea of nolo contendere as a con viction under subsection (b) of this Code section. (b) For the purposes of mandatory suspension of a driver's license or license tag for a second or subsequent violation of subsection (&)i (b), or (c) of Code Section 33-34-10 33-34-12, a forfeiture of bail or collateral used to seek a defendant's appearance in court, the payment of a fine, a plea of guilty, a plea of nolo contendere, a plea of nolo contend ere to a previous violation of subsection (a)2 (b), or (c) of Code Section 33-34-10 33-34-12, or a finding of guilty shall be considered a conviction regardless of whether the sentence is suspended, probated, rebated, or revoked. 33-34-11.--The Commissioner shall adopt mtes a*d regulations necessary fer the implementation ef this chapter with respect te insurers providing the insurance required in this chapter. The commissioner ef- ptjfehe safety shall adopt jles and regulations necessary fer the implementation ef this chapter with respect te the maintaining ef the insurance required in this chapter. 33-34-11. (a) In cases in which the minimum insurance required by this chapter is canceled during the term of the policy, the insurer, within ten days of the effective date of the cancellation, shall notify the Department of Public Safety in the form specified by the department of such cancellation. For the purposes of aiding in the enforcement of this chapter, insurers shall furnish any insurance coverage information deemed neces sary by the department or other appropriate law enforcement agencies. (b) (1) Upon receipt of notification of cancellation, the department shall send a notice to the owner of the motor vehicle that the department has been informed of the fact of the cancellation, and of the penalties outlined in this Code section.
(2) Upon receipt of the department's notice, it shall be the duty of the owner of such motor vehicle to respond on the form provided by the department and to provide

2226

JOURNAL OF THE HOUSE,

proof that minimum insurance coverage has been obtained and to provide any other information relating to such insurance coverage requested by the department.
(3) The owner shall furnish such information to the department within 15 days of the date on which the notification was mailed by the department. (c) (1) If the owner responds within the specified time period and indicates that minimum insurance coverage is not in effect, the owner's driver's license shall be sus pended immediately by the department. Upon demand of the department, the owner shall forward the driver's license to the department. When the owner provides proof of having prepaid a 180 day minimum insurance policy and pays a restoration fee of $25.00, the suspension shall terminate and the department shall return the driver's license to the owner of the motor vehicle.
(2) If the owner does not respond within the specified time period, the department shall suspend the owner's driver's license. Upon demand of the department, the owner shall forward the driver's license to the department. When the owner provides proof of having prepaid a 180 day minimum insurance policy and pays a restoration fee of $25.00, the suspension period shall terminate and the department shall return the driver's license to the owner of the motor vehicle; provided, however, that any owner whose driver's license has been suspended pursuant to this paragraph who provides proof of continuous minimum insurance coverage shall not be deemed to have violated this Code section or Code Section 40-5-121 and no restoration fee shall be required.
(3) In the event of a second or subsequent offense under this Code section during any five-year period, the department shall suspend the driver's license, license tag, and tag registration for a period of 60 days. Upon demand of the department, the owner shall forward the driver's license, license tag, and tag registration to the depart ment. After the 60 day suspension period and when the owner provides proof of hav ing prepaid a 180 day minimum insurance policy and pays a restoration fee of $25.00 to the department, the suspension shall terminate and the department shall return the driver's license, license tag, and tag registration to the owner of the motor vehicle.
(d) For the purposes of enforcement of this Code section, the Department of Public Safety shall devise a plan to verify a random sample of the forms provided under sub section (b) of this Code section which are returned each week.
authorizes another to operate a meter vehicle without effective insurance en such vehicle er without an approved pk ef self-insurance as required -by this chapter shati -be guilty of tt misdemeanor.
33-34-12. (a) The owner or operator of a motor vehicle shall keep proof or evidence of the minimum insurance coverage required by this chapter in the vehicle at all times during the operation of the vehicle. The owner of a motor vehicle shall provide to any operator of such vehicle proof or evidence of the minimum insurance coverage required by this chapter for the purposes of compliance with this Code section. Except as other wise provided in paragraph (4) of subsection (d) of this Code section, any person who fails to comply with the requirements of this Code section shall be guilty of a mis demeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 30 days, or both.
(b) An owner or any other person who knowingly operates or knowingly authorizes another to operate a motor vehicle without effective insurance on such vehicle or with out an approved plan of self-insurance as required by this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 30 days, or both. An operator of a motor vehicle shall not be guilty of a violation of this Code section if such operator maintains a policy of motor vehicle insurance which extends coverage to any vehicle the operator may drive and which otherwise meets the requirements of this chapter.
(c) Any person who knowingly makes a false statement or certification under Code Section 33-34-10, 33-34-11, or this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 30 days, or both.

THURSDAY, MARCH 6, 1986

2227

(d) (1) Every law enforcement officer in this state shall request the operator of a motor vehicle to produce proof or evidence of minimum insurance coverage required by this chapter at any time the law enforcement officer requests the presentation of the driver's license of the operator of the vehicle.
(2) If the owner or operator of a motor vehicle fails to show proof or evidence of minimum insurance, the arresting officer shall issue a uniform traffic citation for oper ating a motor vehicle without proof of insurance and shall take possession of the driv er's license and forward it to a court of competent jurisdiction.
(3) If the court or arresting officer determines that the operator is not the owner, then a uniform traffic citation may be issued to the owner for authorizing the oper ation of a motor vehicle without proof of insurance.
(4) If the person receiving a citation under paragraph (2} or (3^ of this subsection shows to the court having jurisdiction of the case that insurance coverage was in effect at the time the citation was issued, the court shall return the driver's license upon payment of a fine not to exceed $25.00. The court shall not in this case forward a record of the disposition of the case to the department. (e) In addition to any other punishment, the driver's license of a person convicted under subsection (a), (b), or |cj of this Code section shall be suspended for a period of 60 days. The person shall submit the driver's license to the court upon conviction and the court shall forward the driver's license to the Department of Public Safety. After the 60 day suspension period and when the person provides proof of having prepaid a 180 day minimum insurance policy and pays a restoration fee of $25.00 to the depart ment, the suspension shall terminate and the department shall return the person's driv er's license to such person. For a second or subsequent offense within a five-year period, the suspension period will be increased to 90 days and, in addition to the driver's license, such person's license tag and tag registration shall also be suspended for a period of 90 days. The procedures for submission of driver's licenses to the court and the forwarding of such licenses to the department shall also apply to license tags and tag registrations.
(f) A hearing of contempt of court shall be scheduled for any person refusing to deliver his motor vehicle driver's license and, where applicable, motor vehicle license tag and tag registration to the court after a conviction under subsection (a), (b), or (c) of this Code section and a warrant shall issue for the arrest of such person.
33-34-12.1. (a) It is the duty any person who has his or her driver's license and, where applicable, license tag and tag registration suspended under the provisions of this chapter immediately upon suspension and demand of the department to forward such items to the department.
(b) If such driver's license and, where applicable, license tag and tag registration are not received by the department within ten days following the effective date of suspen sion, the commissioner of public safety shall immediately direct any member of the Georgia State Patrol or any peace officer to secure possession of the driver's license and, where applicable, license tag and tag registration and return the same to the Depart ment of Public Safety.
(c) Unless otherwise provided in this Code section, notice of the effective date of sus pension shall occur when the driver receives actual knowledge or legal notice of the sus pension, whichever occurs first. For the purposes of making any determination under this chapter relating to the return of a suspended motor vehicle driver's license and, where applicable, license tag and tag registration, a period of suspension under this chapter shall begin upon the date of surrender of the driver's license and, where appli cable, license tag and tag registration to the court having jurisdiction or to the depart ment, whichever date first occurs.
(d) Any person violating subsection (a) of this Code section shall be guilty of a mis demeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 90 days.
33-34-13. (a) The Commissioner of Insurance shall adopt rules and regulations necessary for the implementation of this chapter with respect to insurers providing the insurance required in this chapter. The commissioner of public safety shall adopt rules

2228

JOURNAL OF THE HOUSE,

and regulations necessary for the implementation of this chapter with respect to the maintaining of the insurance and proof of insurance required in this chapter.
(b) Any rules or regulations proposed pursuant to this Code section shall be submit ted to the Motor Vehicles Committee of the House of Representatives and the Insurance Committee of the Senate prior to the implementation of such rules or regulations."
Section 2. Code Section 17-6-11 of the Official Code of Georgia Annotated, relating to the deposit of a chauffeur's or driver's license in lieu of incarceration, formal recogni zance, or bail, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any other laws to the contrary notwithstanding, any person who is arrested by an officer for the violation of the laws of this state or ordinances relating to (1) traffic, except any including any offense under Code Section 33-34-12, but excepting any other offense for which a license may be suspended for a first offense by the commissioner of public safety; (2) the licensing and registration of motor vehicles and operators; (3) the width, height, and length of vehicles and loads; (4) motor common carriers and motor contract carriers; or (5) road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48 upon being served with the official summons issued by such arrest ing officer, in lieu of being immediately brought before the proper magistrate, recorder, or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance ordering incarceration, may deposit his chauffeur's or driver's license with the apprehending officer in lieu of bail, in lieu of entering into a recognizance for his appearance for trial as set in the aforesaid sum mons or being incarcerated by the arresting officer and held for further action by the appropriate judicial officer. A receipt for such license or deposit shall be given to such person by the arresting officer, and thereafter said person shall be permitted to use the receipt to operate a motor vehicle upon the highways of this state during the pendency of the case in which the license was deposited, unless his license or privilege is otherwise revoked, suspended, or canceled; provided, however, that such receipt shall in no event be valid for more than 45 days. The summons duly served as herein provided shall give the judicial officer jurisdiction to dispose of the matter."
Section 3. Code Section 40-6-206 of the Official Code of Georgia Annotated, relating to circumstances when police officers may remove motor vehicles, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) Because uninsured vehicles pose a threat to the public safety and health, any law enforcement officer is authorized to remove or cause to be removed to the nearest garage or other place of safety the vehicle of a person who is charged under subsection (a) or (b) of Code Section 33-34-12."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost:

Representative Lawler of the 20th moves to amend the Committee substitute to SB 390 by adding on page 13, line 3, after the word "license", the words "tag registration and license tag", and add on line 7, after the word "license", the words "tag registration and license tag", and add on page 12, line 27, after the word "license", the words "tag registra tion and license tag".

The following amendment was read:

Representative Groover of the 99th moves to amend the Committee substitute to HB 390 by striking from lines 32 and 33, page 15, the words: "Upon payment of a fine not to exceed $25.00."

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

THURSDAY, MARCH 6, 1986

2229

N Aaron Adams.G
Y Adams.M N Aiken N Alford Y Alien N Anderson N Argo N Athon N Atkins N Auten N Bailey N Balkcom N Bannister N Bargeron N Barnett.B N Barnett.M YBeck N Benefield
Benn N Birdsong
Bishop N Bolster N Bostick
Y Branch NBray Y Brooks Y Brown.G NBuck
Burruss YByrd N Carter
Chambless Chance Y Cheeks Y Childers

Y Childs Y Clark.B Y Clark.L N Colbert N Coleman N Colwell
Connell Cooper Copelan Y Couch NCox Y Crawford Y Crosby N Cummings Daugherty Y Davis YDean
Y Dixon Dobbs
Y Dover Dunn
Y Edwards N Felton Y Floyd Y Foster N Galer N Godbee Y Goodwin N Greene Y Greer Y Groover
N Hamilton N Manner N Harris
N Hasty N Hays

Y Heard NHill
N 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 N Kilgore
Kingston
N Lane.D N Lane.R Y Lawler N Lawrence N Lawson
Y Lee.C NLee.W Y Under
N Logan NLong NLord Y Lucas N Lupton Y Maddox N Mangum
Martin.C
N Martin,J Matthews McDonald

N McKelvey McKinney
Y Milam N Milford
Y Moody N Moore
N Mortpn N Mostiler N Moultrie N Mueller Y Oliver.C
Y Padgett N Pannell
N Parham
Y Parrish Patten Peters
Y Pettit N Phillips Y Pinkston N Porter
N Rainey N Ramsey.T N Ramsey.V Y Randall N Ransom
NRay Y Reaves
Y Redding N Richardson N Robinson.C N Robinson.P
NRoss N Royal
Russell
N Selman

On the adoption of the amendment, the ayes were 53, nays 96. The amendment was lost.

Shepard N Sherrod Y Sinkfield N Sizemore N Smith.L N Smith,?
Smith.T
Smyre YSnow Y Stancil
Steinberg Y Thomas.C
Thomas.M Thompson N Townsend Y Triplett N Twiggs
N Waddle N Waldrep Y Walker.C N Walker,L
N Wall Y Ware
Watson N Watts
White N Wilder N Williams.B Y Williams,J Y Williams.R
Wilson
N Wood Y Workman N Yeargin
Young Murphy,Spkr

The following amendment was read and lost:

Representative Wilder of the 21st moves to amend the Committee substitute to SB 390 as follows:
Increase restoration charge from "$25.00" to "$50.00" in all appropriate places.

The following amendments were read and adopted:

Representatives Jackson of the 9th and Porter of the 119th move to amend the House Committee on Motor Vehicles substitute to SB 390 by adding on line 11 of page 14 between the word and period "vehicle." and the word "The" the following:
"A duly executed vehicle rental agreement shall be considered satisfactory proof or evidence of the minimum insurance coverage required by this chapter."

Representatives Jackson of the 9th and Porter of the 119th move to amend the House Committee on Motor Vehicles substitute to SB 390 by striking from line 10 on page 2 the following:
"owner",
and inserting in its place the following:
"owner or insured".
By striking from lines 24 and 25 on page 6 the following:

2230

JOURNAL OF THE HOUSE,

"coverage for any period of time that exceeds six months without requiring full pay ment of the premium.",
and inserting in its place the following:
"coverage for any period of time without requiring full payment of the premium or, if the premium is being paid on an installment basis, that the premium for the first 60 days has been paid in full."

Representative Jackson of the 9th moves to amend the Committee substitute to SB 390 by adding on line 28, page 16, the word "of between "duty" and "any" so the sen tence will read as follows"
"33-34-12.1 (a) It is the duty of any person who has".

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 Y Aiken Y Alford Y Alien Y Anderson YArgo Y Athon
Y Atkins YAuten Y Bailey Y Balkcora Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefleld
Benn Y Birdsong
Bishop Y Bolster Y Bostick Y Branch YBray Y Brooks Y Brown.G YBuck
Burruss 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 Cooper
Y Copelan
Y Couch YCox Y Crawford
Crosby Y Cummings
Daugherty Y Davis YDean N Dixon 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 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 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 Y Lawrence
Y 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
YMiiam 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
Russell Y Selman

N Shepard Y Sherrod Y Sinkfield
Y Sizemore Y Smith.L Y Smith.P
Smith.T Y Smyre YSnow Y Stancil
Steinberg
Y Thomas,C Thomas.M Thompson
Y Townsend
Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B N Williams.J Y Williams.R
Wilson
Y Wood Y Workman Y Yeargin
Young Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 151, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

The Speaker assumed the Chair.

THURSDAY, MARCH 6, 1986

2231

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

Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:

HB 1644. By Representatives Chambless of the 133rd, Thomas of the 69th, Lawson of the 9th, Groover of the 99th and Murphy of the 18th:
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.

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 Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

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 President has appointed on the part of the Senate the following: Senators Garner of the 30th, Engram of the 34th and Langford of the 35th.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 423. By Senators Tate of the 38th, McKenzie of the 14th and Barker of the 18th:
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 founding of Fort Valley State College.

The following amendment was read and adopted:

The Committee on Motor Vehicles moves to amend Senate Bill 423 as follows:

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JOURNAL OF THE HOUSE,

1 - line 24 Add an "s" to the word "year" Remove the "comma" after 1987 and add the words "through 1989," Line 24 should then read: (c) "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
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 Benn
Y Birdsong Bishop
Y 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 Y Clark,L
Colbert Coleman Y Colwell Y Connell Cooper Y Copelan Y Couch YCox Y Crawford Crosby Y Cummings
Daugherty Y Davis
YDean 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
Hamilton Y Hanner Y Harris
Hasty YHays

Y Heard YHill Y Holcomb
Y Holmes Y Hooks
Home Y Hudson
Isakson Jackson,J Y Jackson.N Y Jamieson
Y Johnson.D Johnson,F Johnson,R
Y Johnson,S Y Kilgore
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 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 Parrish
Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall
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
Smith.L Y Smith,P Y Smith.T
YSmyre YSnow Y Stancil
Steinberg Y Thomas.C Y Thomas.M
Thompson Y Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall Y Ware
Watson Y Watts
White Wilder Y Williams.B Y Williams,J Y Williams.R Wilson Y Wood Workman Y Yeargin Young Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 424. By Senators Tate of the 38th, Coleman of the 1st and Scott of the 2nd:
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 founding of Savannah State College.

The following amendment was read and adopted:

The Committee on Motor Vehicles moves to amend Senate Bill 424 as follows:

THURSDAY, MARCH 6, 1986

2233

Page 1 - line 24 Add an "s" to the word "year" Remove the "comma" after 1987 and add the words "through 1989,"
Line 24 should then read: (c) "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
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
Benn Y Birdsong
Bishop Y 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 Y Clark.L Y Colbert Y Coleman Y Colwell
Y Connell Cooper
Y Copelan
Y Couch YCox Y Crawford
Crosby Y Cummings
Daugherty YDavis
Dean Dixon Dobbs Y Dover Dunn Edwards Y Felton Y Floyd Y Foster YGaler YGodbee Y Goodwin YGreene YGreer Y Groover Y Hamilton Y Manner Y Harris
Y Hasty YHays

Y Heard
YHill Y Holcomb Y Holmes Y Hooks
Home Y Hudson Ylsakson Y Jackson.J Y Jackson.N Y Jamieson Y Johnson,D
Johnson.F Y Johnson,R Y Johnson.S Y Kilgore
Kingston YLane,D
Y Lane,R Y Lawler Y Lawrence YLawson
YLee.C YLee,W Y Under YLogan YLong YLord Y Lucas Y Lupton
Maddoz
Y Mangum Y Martin.C Y Martin,J
Matthews 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 Y Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Robinson,C Y Robinson,P YRoss Y Royal
Russell YSelman

Y Shepard Y Sherrod Y Sinkfield Y Sizemore
Smith.L Y Smith,P Y Smith.T
YSmyre Snow
Y Stancil Steinberg
Y Thomas,C Y Thomas,M
Thompson Y Townsend Y Triplett Y Twiggs Y Waddle
Y Waldrep Walker.C
Y Walker,L Y Wall
Ware Watson
Y Watts White Wilder
Y Williams,B Y Williams,J Y Williams.R
Wilson Y Wood
Workman Y Yeargin
Young Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed, amended.

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.

2234

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the comprehensive regulation of audio stress exam iners; to provide for definitions; to provide for general powers and duties of the Georgia Board of Private Detective and Security Agencies; to provide for qualifications of appli cants for licenses; to provide for certain exceptions; to provide for audio stress examiner interns; to provide for supervision of such interns; to provide for individual qualifications for licenses; to provide for certain applications and fees; to provide for the issuance of licenses; to provide for reciprocity; to provide for license renewal; to provide for certain exemptions from fees; to provide for posting of licenses; to provide for certain identifi cation cards; to provide for audio stress examinations; to provide for the contents, proce dures, and testing conditions for such examinations; to provide for certain conclusions of such examinations; to prohibit certain interviews; to require written consent to questions; to prohibit certain areas of questioning; to provide for rights of examinees; to provide for notification and procedure relating to such rights; to prohibit waivers of such rights; to provide for preservation of examination records; to require professional liability insurance; to provide for alternatives to such requirement; to provide for exceptions; to provide for investigative or disciplinary authority of the board; to require licenses and prohibit certain activities; to prohibit certain practices regarding payment for certain examinations; to pro hibit certain activities by certain unlicensed persons; to prohibit certain activities by per sons who are not licensed polygraph examiners; to provide for criminal penalties; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provi sions regarding torts, so as to provide for negligent or improper administration of audio stress examinations; to provide for the measure of damages; to provide for other matters relative to the foregoing; to provide for legislative intent and applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 43 of the Official Code of Georgia Annotated, relating to profes sions and businesses, is amended by adding a new chapter immediately following Chapter 6, to be designated Chapter 6A, to read as follows:
"CHAPTER 6A
43-6A-1. As used in this chapter, the term: (1) 'Audio stress examiner' means any person who measures stressful physiological
responses which purport to detect deception or verify truth of statements through the use of instrumentation as described in paragraph (3) of this Code section.
(2) 'Audio stress examiner intern' means any person engaged in the study of audio stress and the administration of audio stress examinations under the personal super vision and control of an audio stress examiner.
(3) 'Audio stress instrument' means an instrument to measure audio stress responses for the purpose of testing or questioning individuals as to detect deception or verify truth of statements. Such instrument shall, as a minimum, record visually and permanently vocal microtremor patterns.
(4) 'Board' means the Georgia Board of Private Detective and Security Agencies. 43-6A-2. The board shall have the following powers and duties:
(1) To determine the qualifications and fitness of applicants for licenses consistent with this chapter;
(2) To issue, renew, deny, suspend, or revoke licenses consistent with this chapter; (3) To initiate investigations for the purpose of discovering violations of this chapter; (4) To hold hearings on all matters properly brought before the board in connec tion with such investigations, to administer oaths, receive evidence, make the neces sary determinations, and enter orders consistent with the findings;

THURSDAY, MARCH 6, 1986

2235

(5) To establish continuing education requirements by rules and regulations; and (6) To adopt, amend, or repeal all rules necessary to carry this chapter into effect. 43-6A-3. (a) Except as otherwise provided in subsection (b) of this Code section, in order to qualify for a license as an audio stress examiner, a person must: (1) Be at least 21 years of age; (2) Be a citizen of the United States; (3) Be a person of good moral character; (4) (A) Have a bachelor's degree from a full four-year accredited university or college recognized as such by the board; or
(B) (i) Have completed two years of study, or its equivalent, at such a univer sity or college which shall include at least one course in physical science and one course in psychology; and
(ii) Have at least two years' experience as an investigator or detective with a municipal, county, state, or federal agency. Official transcripts must be submitted as proof for all college courses, technical courses, and other educational credits claimed by the applicant; (5) Have satisfactorily completed a formal training course in the use of an audio stress instrument. Such training shall be at an audio stress examiners' school accept able to the board; (6) Have completed a period of a minimum of six months as an audio stress exam iner intern under the supervision of a qualified audio stress examiner in this state or who has had sufficient training and experience in a state, federal, or municipal agency such that the board, in its discretion, may recognize the applicant as being properly trained and experienced; and (7) Have passed any examination approved by the board for the purpose of deter mining the qualifications and fitness of applicants for licenses. (b) An applicant who satisfactorily demonstrates to the board that such applicant has been engaged in performing tests as an audio stress examiner for a period of not less than one year prior to the effective date of this chapter shall not be subject to the qualifications for an audio stress examiner's license enumerated in this Code section and the board shall be authorized to issue a license to such applicant. 43-6A-4. (a) Prior to any licensing examination, an audio stress examiner intern must administer a minimum of 100 examinations consisting of no less than 50 specific examinations in any given six-month internship period. The board, in its discretion, may require an audio stress examiner intern to bring all audio stress charts and allied papers resulting from the examinations conducted by the audio stress examiner intern for review by the board. (b) The applicant must submit to the board for its prior approval the name of the licensed audio stress examiner who will supervise the applicant during the intern pro gram. (c) Once a licensed audio stress examiner has been approved to supervise an audio stress examiner intern, the intern may not transfer to the supervision of another licensed audio stress examiner without the prior approval of the board. (d) (1) The audio stress examiner who supervises an audio stress examiner intern must: (A) Be an audio stress examiner for a period of at least three years immediately prior to commencing such supervision; (B) Be licensed by the board; and (C) Operate an audio stress instrument or otherwise be involved in audio stress work during at least 50 percent of his time in his current employment position. (2) An audio stress examiner may not supervise more than two audio stress interns at any one time. (3) The intern shall be personally supervised and controlled by the licensed audio stress examiner approved by the board and such examiner shall be on the premises where any testing is conducted and available to such intern for instruction or con sultation. (4) The board, in its discretion, may waive the 'on premises' requirement during the internship period in cases of extreme hardship.

2240

JOURNAL OF THE HOUSE,

Section 2. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by adding at the end thereof a new Code section, to be designated Code Section 51-1-38, to read as follows:
"51-1-38. (a) Any person who is given an audio stress examination and who suffers damages as a result of:
(1) Such audio stress examination having been administered in a negligent manner; or
(2) Such audio stress examination having not been administered in conformity with the provisions of Chapter 6A of Title 43 shall have a cause of action against the audio stress examiner. (b) The measure of damages shall be the actual damages sustained by such person, together with reasonable attorneys" fees, filing fees, and reasonable costs of the action. Reasonable costs of the action may include, but shall not be limited to, the expenses of discovery and document reproduction. Damages may include, but shall not be limited to, back pay for the period during which such person did not work or was denied a job as a result of such examination."
Section 3. Nothing contained in this Act shall be construed so as to authorize the results of any audio stress examination to be introduced in evidence in any judicial or administrative proceeding in this state; provided, however, that such an examination given with respect to employment may be admitted in an administrative proceeding dealing solely with action taken with respect to the employment; nor shall this Act be construed as a legislative determination that such examinations are reliable to demonstrate any fact or that they have any probative value.
Section 4. 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 YAlford 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 Y Beck Y Benefield
Benn
Y Birdsong Bishop
N 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 N Childs N Clark.B Y Clark.L
Y Colbert
Coleman Y Colwell Y Connell
Cooper
Copelan Y Couch Y Cox N Crawford
Crosby Cummings
Daugherty Y Davis
Dean Dixon Dobbs N Dover Dunn
Y Edwards Y Felton N Floyd

Y Foster
Y Galer Y Godbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Hanner
Y Harris
Y Hasty Y Hays Y Heard Y Hill
N Holcomb Y Holmes Y Hooks
Home Y Hudson Y Isakson
Y Jackson,J Y Jackson.N N Jamieson Y Johnson,D Y Johnson,F Y Johnson.R Y Johnson,S
Y Kilgore Kingston
Y Lane.D

Y Lane.R
Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lec.W Y Linder Y Logan Y Long
Y Lord
Lucas N Lupton Y Maddox Y Mangum
Y Martin.C N Martin,J
Matthews Y McDonald Y McKelvey Y McKinney
Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie
N Mueller Y Oliver.C Y Padgett

N Pannell
Y Parham Y Parrish
Patten N Peters Y Pettit Y Phillips Y Pinkston
Porter
N Rainey
Y Ramsey.T Y Ramsey.V N Randall Y Ransom
Y Ray Y Reaves N Redding Y Richardson
Robinson.C Y Robinson,?
Y Ross Y Royal Y Russell Y Selman Y Shepard
Sherrod N Sinkfield
Y Sizemore Y Smith,L Y Smith,P

THURSDAY, MARCH 6, 1986

2241

Smith.T Y Smyre
Snow Y Stancil
Steinberg Thomas.C

Y Thomas.M Thompson
N Townsend Y Triplett Y Twiggs Y Waddle

Y Waldrep Walker.C
Y Walker.L Y Wall Y Ware Y Watson

Y Watts White
Y Wilder Y Williams,B
Williams,J N Williams.R

Wilson Y Wood Y Workman Y Yeargin
Young Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 128, nays 19.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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.

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 Y Benefield
Benn
Y Birdsong Bishop
Y Bolster Y Bostick Y Branch YBray
Brooks Brown,G YBuck
YBurruss 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 YCoi
Y Crawford Crosby
Y Cummings Daugherty
Y Davis Dean Dixon
YDobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer 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 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 Y Lupton Y Maddox
Y Mangum Y Martin.C
Y Martin,J Matthews
Y McDonald

Y McKelvey McKinney
YMilam Y Milford Y Moody Y Moore Y Morion 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 Y Ransom YRay Y Reaves Y Redding Y Richardson
Robinson.C
Y Robinson,? YRoss Y Royal Y Russell Y Selman

Y Shepard Y Sherrod Y Sinkfield Y Sizemore
Y Smith.L Y Sraith.P
Smith,T
YSmyre YSnow Y Stancil
Steinberg Y Thomas,C Y Thomas,M
Thompson Y Townsend
Y Triplett Y Twiggs Y Waddle
Y Waldrep Walker.C
Y Walker,L
YWall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y WiUiams,R
Wilson Y Wood Y Workman Y Yeargin
Young Murphy.Spkr

On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.

2242

JOURNAL OF THE HOUSE,

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.

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 Y Benefleld
Benn 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
Coleman Y Colwell Y Connell
Y Cooper Y Copelan Y Couch YCox
Y Crawford Crosby
Y Cummings Daugherty
Y 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 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 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 Y Lawrence Y Lawson YLee.C Y Lee.W Y Under Y Logan
YLong YLord
Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J
Matthews Y McDonald

Y McKelvey McKinney
Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller 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 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 Y Sizemore Y Smith.L Y Smith.P
Smith.T Y Smyre YSnow Y Stancil
Steinberg Y Thomas.C Y Thomas.M
Thompson Y Townsend Y Triplett Y Twiggs
Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams.R
Wilson
Y Wood Y Workman
Y Yeargin Young Murphy.Spkr

On the passage of the Bill, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 83. By Senator Howard of the 42nd:
A bill to amend Code Section 15-6-28 of the Official Code of Georgia Anno tated, relating to the employment of one law clerk for each judicial circuit, so as to allow payment of the salary amount to which a law clerk would be entitled under such Code section to be made to a county of a judicial circuit which employs more than one law clerk.

The following amendment was read and adopted:

The Committee on Judiciary moves to amend SB 83 by striking from line 13 of page 1 and from line 14 of page 1 the following:

THURSDAY, MARCH 6, 1986

2243

and inserting in their respective places the following: "(h)".

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 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
YBeck
Y Benefield
Benn
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

Childs Y Clark.B Y Clark.L Y Colbert
Coleman Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Crosby Y Cummings Daugherty Y 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 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 JacksonJ 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 Y Lawrence Y Lawson YLee.C YLee.W Y Linder YLogan YLong YLord
Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J
Matthews Y McDonald

Y McKelvey McKinney
Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller 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 Y Ransom YRay Y Reaves Y Redding Y Richardson
Robinson.C Y Robinson,? YRoss Y Royal
Russell Y Selman

Y Shepard Y Sherrod Y Sinkfield Y Sizemore
Smith.L Y Smith.P
Smith.T YSmyre YSnow Y Stancil
Steinberg Y Thomas.C Y Thomas.M
Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall Y Ware Y 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, as amended, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

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 Y Alien

Y Anderson Y Argo Y Athon

Y Atkins YAuten Y Bailey

Y Balkcom Y Bannister Y Bargeron

2244

JOURNAL OF THE HOUSE,

Y Barnett.B Y Barnett,M
Beck Y Benefield
Benn Y Birdsong
Bishop
N 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 N Clark.B
Y Clark.L Y Colbert Y Coleman
Colwell Y Connell Y Cooper Y Copelan Y Couch YCoi N Crawford

Y Crosby Y Cummings
Daugherty Y Davis
Dean Y Dixon Y Dobbs N Dover
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 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
Kingston Y Lane,D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C
YLee.W Y Under YLogan YLong YLord Y Lucas N Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J
Matthews Y McDonald Y McKelvey
McKinney YMilam
Y Milford Y Moody Y Moore

Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T
Y Ramsey.V Y Randall Y Ransom YRay
Reaves 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,? Smith.T
Y Smyre YSnow Y Stancil
Steinberg Thomas.C Y Thomas.M Thompson
Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J Y Williams,R
Wilson
Y Wood Workman
Y Yeargin Young Murphy.Spkr

On the passage of the Bill, the ayes were 146, nays 5. The Bill, having received the requisite constitutional majority, was passed.

The following Resolution of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HR 593. By Representative Johnson of the 76th:
A resolution compensating Wyman Nail, Jr., and Rhonda Nail.
Representative Johnson of the 76th moved that the House insist on its position in disagreeing to the Senate amendment to HR 593 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Johnson of the 76th, Mostiler of the 75th and Childers of the 15th.

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 293. By Senator Foster of the 50th:
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

THURSDAY, MARCH 6, 1986

2245

general, so as to provide for the issuance of special license plates to commemorate the centennial of the founding of Young Harris College.

The following amendment was read and adopted:

The Committee on Motor Vehicles moves to amend Senate Bill 293 as follows: Page 2 - line 1
Add an "a" to the word "year" Remove the "comma" after 1987 and add the words "through 1989," Line 1 should then read: (c) "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
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
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

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 Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y 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
Johnson,S Y Kilgore
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 Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J
Matthews Y McDonald

Y McKelvey McKinney
YMilam Y Milford
Y Moody Y Moore Y Morton Y Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters
Pettit Y Phillips Y Pinkston Y Porter
Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves
Redding Richardson Y Robinson.C Y Robinson,P
YRoss Y Royal
Russell Y Selman

Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L
Smith.P Smith.T Y Smyre Y Snow Y Stancil Steinberg Thomas.C Y Thomas.M Thompson Y Townsend Y Triplet! Y Twiggs Y 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 Wilson
Y Wood Workman
Y Yeargin Young
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HR 96. By Representatives Thomas of the 31st, Adams of the 36th, Bolster of the 30th, and Alien of the 127th:

2246

JOURNAL OF THE HOUSE,

A RESOLUTION
Creating the Housing Needs Study Committee; and for other purposes.
WHEREAS, the State of Georgia is committed to improving the housing conditions of its citizens and ensuring that affordable housing opportunities exist for all citizens throughout the state; and
WHEREAS, Georgia's existing housing is a valuable economic resource that should not be allowed to deteriorate; and
WHEREAS, there is a need to support the preservation, construction, or rehabilitation of an adequate supply of housing to maintain the quality of life and the economic vitality of local communities; and
WHEREAS, upgrading and expanding existing housing accommodations in local communities would encourage the expansion of industrial and commercial investment by the private sector and greatly enhance the possibility of stimulating economic growth and strengthening the level of employment throughout the state.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the Housing Needs Study Committee to be composed of seven members of the House of Representatives appointed by the Speaker of the House of Representatives. The Speaker shall appoint a chairman from among the members of the committee. The committee shall study the need for legislative action to improve current housing conditions throughout the state with particular emphasis on the appropriate action needed to arrest deterioration of existing housing and to encourage the preservation, rehabilitation, and construction of housing so as to expand the economic vitality of local communities. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative mem bers of interim legislative committees but shall receive the same for not more than ten days. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of government. The committee may make a report of its findings and recommendations, with suggestions for proposed legislation, if any, no later than December 31, 1985, at which time the committee shall stand abolished.

The following Committee substitute was read and adopted:

A RESOLUTION
Creating the Housing Study Committee; and for other purposes.
WHEREAS, some housing conditions of the citizens in some areas of this state merit review; and
WHEREAS, Georgia's existing housing is a valuable economic resource; and
WHEREAS, local communities and local governments need to support the preser vation, construction, or rehabilitation of an adequate supply of housing to maintain the quality of life and the economic vitality of local communities; and
WHEREAS, upgrading and expanding existing housing accommodations by local governments in local communities might well encourage the expansion of industrial and commercial investment by the private sector and greatly enhance the possibility of stimu lating economic growth and strengthening the level of employment throughout the state.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the Housing Study Committee to be composed of five mem bers of the House of Representatives appointed by the Speaker of the House of

THURSDAY, MARCH 6, 1986

2247

Representatives. The Speaker shall appoint a chairman from among the members of the committee. The committee shall study current housing conditions in this state with partic ular emphasis on suggesting to proper authorities the appropriate action needed to arrest deterioration of existing housing and to encourage the preservation, rehabilitation, and construction of housing so as to expand the economic vitality of local communities. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of government. The committee may make a report of its findings and recommendations to the appropriate authorities 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 Adams.G
Y Adams.M Aiken
Y Alford Y Alien Y Anderson
YArgo Y Athon Y Atkins Y Auten Y Bailey N 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
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 Coieman Y Colwell Y Connell Y Cooper
Copelan Y Couch YCox Y Crawford
Y Crosby Y Cummings
Daugherty Davis Dean
Dixon N 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 Y Banner Y Harris Y Hasty YHays

Y 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 Y Johnson.F Y Johnson.R
Johnson.S Y Kilgore
Kingston YLane.D N 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 Y Martin.C Y Martin,J
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 YParham Y Parrish
Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Porter Y Rainey Y Ramsey.T YRamsey.V YRandall Y Ransom YRay Y Reaves Y Redding
Richardson Y Robinson,C Y Robinson,? YRoss Y Royal
Russell Y Selman

YShepard YSherrod Y Sinkfield Y Sinmore Y Smith.L Y Smith,P Y Smith.T YSmyre YSnow Y Stancil
Stoinberg Thomas.C Y Thomas.M
Thompson Y Townsend Y Triplett YTwiggs
Y Waddle Y Waldrep
Walker.C Y Walker.L
YWall Ware
Y Watson
Y Watte White Wilder
Y Williams.B Y WiUiams,J Y Williams.R
Wilson YWood
Workman YYeargin
Young Murphy,Spkr

On the adoption of the Resolution, by substitute, the ayes were 145, nays 4.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

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.

2248

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

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 plead ing 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 relatives have been terminated; to provide that in certain adoption pro ceedings a copy of the petition for adoption shall be served upon the grandparent with visitation rights; to provide that in certain adoption proceedings a grandparent with visita tion rights shall have the privilege to file objections to the petition for adoption; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking in its entirety subsection (c) of Code Section 19-7-3, relating to visitation rights of grandparents in guardianship and custody actions involving minor children, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Whenever any court in this state shall have before it any question concerning the custody of any minor child or whenever the parents of the minor child have been divorced or are engaged in legal proceedings to obtain a divorce, any grandparent of the child may be granted reasonable visitation rights upon proof of special circumstances which make such visitation rights necessary to the best interests of the child. There shall be no presumption in favor of visitation by any grandparent; and the court shall have discretion to deny such visitation rights. Any grandparent shall have the right to inter vene and petition for visitation rights in any action involving the custody of any minor child or in any divorce action. If the parents of the minor child have been divorced or if custody of the minor child has been granted in any other action, except an adoption in which all legal relationships between the adopted child and the adopted child's rela tives have been terminated as provided in Code Section 19-8-14, a parent of either parent of the minor child shall have the right to file an original pleading requesting vis itation rights, but not more than once during any two-year period and not during any year in which another custody action has been filed concerning the child. After visitation rights have been granted to any grandparent, the legal custodian or guardian of the person of the child may petition the court for revocation or amendment of such visita tion rights, for good cause shown, which the court, in its discretion, may grant or deny; but such a petition shall not be filed more than once in any two-year period."
Section 2. Said title is further amended by adding at the end of Code Section 19-8-8, relating to the filing and contents of a petition for adoption, a new subsection (f) to read as follows:
"(f) Whenever a petitioner is a grandparent or blood relative of the child to be adopted and another grandparent has visitation rights to the child granted pursuant to the provisions of Code Section 19-7-3, the petitioner shall cause a copy of the petition for adoption to be served upon the grandparent with visitation rights or upon such person's counsel of record."
Section 3. Said title is further amended by striking Code Section 19-8-10 in its entirety and inserting in lieu thereof a new Code Section 19-8-10 to read as follows:
"19-8-10. If the child sought to be adopted has no father or mother living, it shall be the privilege of any person related by blood to the child to file objections to the peti tion for adoption. A grandparent with visitation rights to a child granted pursuant to Code Section 19-7-3 shall have the privilege to file objections to the petition of adoption if neither parent has any further rights to the child and if the petition for adoption has been filed by a blood relative of the child. The court, after hearing such objections, shall determine, in its discretion, whether or not the same constitute a good reason for deny ing the petition."

THURSDAY, MARCH 6, 1986

2249

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 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
Benn Y Birdsong
Bishop Y 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 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
Daughterly Y Davis
Dean Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer 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 Y Johnson.F
Y Johnnon.R Y Johnson.S Y Kilgore
Kingston Y Une,D Y Lane.R Y Lawler Y Lawrence Y Lawson YLee.C YLee.W Y Under YLogan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J
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 Y Parham Y Parrish
Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Porter Y Rainey YRamsey.T YRamsey.V YRandall Y Ransom YRay Y Reaves Y 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,P Y Smith.T YSmyre YSnow Y Stancil
Steinberg
Y Thomas.C Y Thomas.M
Thompson Y Townsend Y Triplet! YTwiggs Y Waddle Y Waldrep
Walker.C Y Walker.L YWall Y Ware Y Watson
Y Watts White Wilder
Y Willianw.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 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SR 292. By Senator Fincher of the 54th: A resolution designating the R.E. Chambers Memorial 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 roll call was ordered and the vote was as fol lows:

Y Aaron
Adams.G Adams,M Y Aiken Y 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 Benn Birdsong Bishop
Y Bolster
Y Bostick Y Branch YBray Y Brooks

Brown.G YBuck Y Burruss YByrd Y Carter
Chambless Y Chance Y Cheeks Y Childers

Y Childs Clark,B
Y Clark,L
Y Colbert Y Coleman Y Colwell
Y Connell Y Cooper Y Copelan

2256

JOURNAL OF THE HOUSE,

from said property; to remove the requirement that the wood load ticket contain the landowner's name and address;".
By renumbering Section 2 as Section 3.
By adding a new Section 2 to read as follows:
"Section 2. Said part is further amended by striking subsection (a) of Code Section 12-6-23, relating to the wood load ticket requirement for wood removal, the form thereof, and exceptions, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
'(a) Any person, company, corporation, or others severing purchasing trees or timber directly from the landowner from lands in Georgia shall be required to furnish the owner of said lands a wood load ticket for each and every load of wood removed from said property, when such load is sold by weight, cord, or measure of board feet. A wood load ticket shall include, but not be limited to, information clearly under standable to the landowner as follows:
(1) Ticket number; (2) Name and location of the person or company and its facility where the load of wood is received and weighed or measured; (3) Date wood was received at said facility; {4}--Landowner name atd address; {&) (4) Tract name; {) (5) County and state of origin; f?> (61 Dealer name (if any); {&} (7) Producer or logging company name; W (81 Species of wood; fH>) (9) Weight or scale information. If the load is measured by weight, the gross, tare, and net weights shall be shown. If the load is measured by scale, the total volume shall be shown; {tt) (10) Weight, scale, or amount of wood deducted and the deduction classifi cation (cull, undersize, metal, knots, etc.); and
(11) Name of the person receiving, weighing, or scaling the wood.'"

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 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 Y Bolster Y Bostick Y Branch

YBray Y Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter
Chambless Chance Y Cheeks Y Childers Childs Clark.B Y Clark.L Y Colbert Y Coleman Y Colwell
Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings

Daugherty Davis Dean Dixon Y Dobbs Y Dover Dunn Y Edwards Y Felton Y Floyd 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
Home Y Hudson
Isakson Y Jackson.J
Y Jackson.N Y Jamieson
Johnson.D Y Johnson.F Y Johnson.R Y Johnson,S Y Kilgore
Kingston Y Lane.D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Under YLogan
YLong YLord

Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J
Matthews Y McDonald Y McKelvey
McKinney Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C
Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Peters

THURSDAY, MARCH 6, 1986

2257

Y Pettit Y Phillips
Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom Y Ray Y Reaves

Y Redding Richardson
Y Robinson.C Y Robinson.P Y Ross Y Royal
Russell Y Selman Y Shepard Y Sherrod Y Sinkfield

Y Sizemore Y Smith,L Y Smith,P Y Smith.T Y Smyre Y Snow Y Stancil
Steinberg Thomas.C Y Thomas.M Thompson

Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall 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 Y 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.

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

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1550

The Committee of Conference on HB 1550 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1550 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Culver Kidd
Senator, 25th District
/s/ Floyd Hudgins Senator, 15th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ William J. Lee Representative, 72nd District
/s/ Larry Walker Representative, 115th District

M Gene Walker Senator, 43rd District

Is/ Jack Connell Representative, 87th District

A BILL
To amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change the salary of the state auditor; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, is amended by striking para graph (6) of subsection (a) in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) State auditor.................................................................................68,000.00 60,000.00".

2258

JOURNAL OF THE HOUSE,

Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Lee of the 72nd moved that the House adopt the report of the Committee of Conference on HB 1550.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo 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
Y Burruss
YByrd Y Carter Y Chambless
Chance Y Cheeks Y Childers

Childs Clark,B Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Dixon Dobbs Y Dover Dunn
Y Edwards
Y Felton
Y Floyd
Y Foster
Y Galer
Godbee
Y Goodwill
Y Greene
YGreer
Y Groover
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 Y Kilgore
Kingston Y Lane.D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Under YLogan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J
Matthews Y McDonald

On the motion, .the ayes were 151, nays 4. The motion prevailed.

N 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
Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall N Ransom YRay Y Reaves
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,?
Smith.T
YSmyre
YSnow
Y Stancil Steinberg Thomas.C
Y Thomas.M Thompson
Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L N Wall N 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

The following Resolution of the House was read and adopted:

HR 937. By Representatives Beck of the 148th, Clark of the 13th and Padgett of the 86th:
A resolution directing Mr. Elmore C. Thrash to deliver personally a message.

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

HR 938. By Representatives Bray of the 91st and Lee of the 72nd: A resolution amending the rules of the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 939. By Representatives Clark of the 13th, Murphy of the 18th, Williams of the 6th, Milford of the 13th, Patten of the 149th and others:

THURSDAY, MARCH 6, 1986

2259

A resolution commending Bill Murphy.

HR 940. By Representative Wall of the 61st:
A resolution commending the doorkeeper and assistant doorkeepers of the House of Representatives.

HR 941. By Representatives Murphy of the 18th and Walker of the 115th: A resolution commending Mark Bailey and Stan Kinstlinger.

The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon:

HB 1227. By Representatives Chambless of the 133rd, Thomas of the 69th, Lawson of the 9th, Copelan of the 106th, Rohinson 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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1227

The Committee of Conference on HB 1227 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1227 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Pierre Howard
Senator, 42nd District
/s/ Wayne Garner Senator, 30th Distnct

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Denmark Groover Representative, 99th District
/s/ Charleg A Thomas? Jr. Representative, 69th District

/s/ Paul H. Trulock Senator, 10th District

/s/ Tommy Chambless Representative, 133rd District

A BILL
To amend Code Section 15-5-21 of the Official Code of Georgia Annotated, relating to the promulgation of certain rules and regulations of the Judicial Council, so as to require prior written notice of the intended adoption of such rules and regulations and provide for the invalidity of rules and regulations adopted without such notice and for pro ceedings relating thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-5-21 of the Official Code of Georgia Annotated, relating to the promulgation of certain rules and regulations of the Judicial Council, is amended by adding at the end thereof a new subsection to read as follows:

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JOURNAL OF THE HOUSE,

"(d) A rule or regulation promulgated by the Judicial Council pursuant to this Code section shall not become effective unless that council provides to the 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 date that council intends to adopt such rule or regulation, written notice which includes an exact copy of the proposed rule or regulation and the intended date of its adoption. After July 1, 1986, no rule or regula tion adopted by the Judicial Council pursuant to this Code section shall be valid unless adopted in conformity with this subsection. A proceeding to contest any rule or regula tion on the grounds of noncompliance with this subsection must be commenced within two years from the effective date of the rule or regulation."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Chambless of the 133rd moved that the House adopt the report of the Committee of Conference on HB 1227.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams,G
Y Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins YAuten Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefleld
Benn Birdsong Y Bishop Y 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
Cummings Daugherty Y Davis Dean Dixon Y Dobbs Y Dover Dunn Y Edwards Y Felton Y Floyd
Y Foster Galer
Y Godbee Y Goodwin Y Greene Y Greer Y Groover
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 Y Jamieson
Johnson,D Y Johnson,F Y Johnson,R Y Johnson,S Y Kilgore
Kingston Y Lane.D Y Lane.R
Lawler Y Lawrence
Lawson Y Lee,C Y Lee.W Y Under
YLogan Long
YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J
Matthews Y McDonald

Y McKelvey McKinney
Y Milam Y Milford Y Moody Y Moore Y Morion 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 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 Selman

Y Shepard Y Sherrod Y Sinkfield
Y Sizemore Y Smith,L Y Smith,P
Smith.T YSmyre YSnow Y Stancil
Y Steinberg Thomas.C
Y Thomas,M Thompson
Y Townsend Y Triplet! Y Twiggs
Waddle Y Waldrep
Walker.C Y Walker,L
Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J Y Williams,R
Y Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy,Spkr

On the motion, the ayes were 146, nays 0. The motion prevailed.

HB 840. By Representative Evans of the 84th:
A bill to amend Part 1 of Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances to secure debt and bills of sale, so as to provide for the method of cancellation of deeds to secure debt which apply to real property.

THURSDAY, MARCH 6, 1986

2261

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 840

The Committee of Conference on HB 840 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 840 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ A. Quillian Baldwin Senator, 29th District
/s/ Harrill L. Dawkins Senator, 45th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Wesley Dunn Representative, 73rd District
/s/ Frflnk Horne Representative, 103rd District

/s/ Richard L. Greene Senator, 26th District

/s/ Frank C. Pinkston Representative, 100th District

A BILL
To amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to provide that grantees of cer tain instruments evidencing a debt shall furnish to the clerk of superior court for recording the satisfaction or cancellation of such instruments; to provide that such cancellation shall be given to grantors or attorneys for grantors; to provide for costs; to provide for the method of cancellation of deeds to secure debt which apply to real property; to provide that such cancellation shall, in order to authorize the clerk of superior court to show the original instrument as canceled of record, be made by a cancellation on the face of the original deed to secure debt, by a conveyance from the record holder of the deed to secure debt, or by execution of another document when the original deed is lost, stolen, or other wise mislaid; to provide that no clerk of superior court shall incur any liability to any person for canceling of record any security deed authorized to be canceled as provided above; to provide for a form; 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 14 of Title 44 of the Official Code of Georgia Annotated, relat ing to mortgages, conveyances to secure debt, and liens, is amended by striking in its entirety subsection (b) of Code Section 44-14-3, relating to furnishing of cancellations by a grantee upon payment, and inserting in its place a new subsection (b) to read as follows:
"(b) (1) Whenever the indebtedness secured by any instrument is paid in full, the grantee of the instrument, within 45 days of the date of the full payment, shall cause to be furnished te the grantor er to the clerk of the superior court of the county or counties in which the instrument is recorded a legally sufficient satisfaction or cancel lation to authorize and direct the clerk or clerks to cancel the instrument of record. The grantee shall further direct the clerk of the court to transmit to the grantor the original cancellation or satisfaction document at the grantor's last known address as shown on the records of the grantee. In the case of a revolving loan account, the debt shall be considered to be 'paid in full' only when the entire indebtedness including accrued finance charges has been paid and the lender or debtor has notified the other party to the agreement in writing that he wishes to terminate the agreement pursuant to its terms.
(2) Notwithstanding paragraph (1) of this subsection, if an attorney at law remits the pay-off balance of an instrument to a grantee on behalf of a grantor, the grantee

2262

JOURNAL OF THE HOUSE,

shall direct the clerk of the court to transmit to such attorney the original cancellation or satisfaction document.
(3) A grantee shall be authorized to add to the pay-off amount the costs of record ing a cancellation or satisfaction of an instrument."

Section 2. Said chapter is further amended by striking in its entirety Code Section 44-14-67, relating to cancellation of conveyances to secure debts, and inserting in its place a new Code Section 44-14-67 to read as follows:
"44-14-67. (a) In all cases where property is conveyed to secure a debt, the surren der and cancellation of the deed, in the same manner as mortgages are canceled, on pay ment of the debt to any person legally authorized to receive the same, shall operate to reconvey the title of the property to the grantor or his heirs, executors, administrators, or assigns. The cancellation may be recorded by the eterk- of the superior court i the same manner that cancellations ef mortgages are new recorded.
(b) In the case of a deed to secure debt which applies to real property, in order to authorize the clerk of superior court to show the original instrument as canceled of record, there shall be presented for recording:
(1) A cancellation upon the original security deed itself; or (2) A conveyance from the record holder of the security deed, which conveyance is in the form of a quitclaim deed or other form of deed suitable for recording and which refers to the original security deed; or (3) A cancellation as provided in subsection (c) of this Code section. Any clerk of superior court who cancels of record any deed to secure debt in the manner authorized in this subsection shall be immune from any civil liability, either in his offi cial capacity or personally, for so canceling of record such security deed. (c) Cancellation of a security deed, the original of which has been lost, stolen, or otherwise mislaid, may be made based upon a document executed by the record holder of the security deed and meeting the requisites for recordation, which document shall be in substantially the following form:

County, Georgia The indebtedness referred to in that certain deed to secure debt from_________________to___________t dated___________i and of record in Deed Book_________: Page________i in the office of the clerk of the Superior Court of________________County, Georgia, having been paid in full and the undersigned being the present record holder and owner of such deed, the clerk of such superior court is authorized and directed to cancel that deed of record. In witness whereof, the undersigned has set his hand and seal, this
____________ day of ____________________,19_________.

Signed, sealed, and delivered on the date above shown

(SEAL) Signature

Unofficial Witness

Notary Public

My commission expires:

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Home of the 103rd moved that the House adopt the report of the Committee of Conference on HB 840.
On the motion, the roll call was ordered and the vote was as follows:

THURSDAY, MARCH 6, 1986

2263

Y Aaron Adams.G
Y Adams.M Aiken
Y Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M
YBeck Y Benefield YBenn
Birdsong Y 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
Coleman Y Colwell Y Connell
Cooper Y Copelan Y Couch YCox Y Crawford
Crosby Y Cummings
Daugherty Y Davis
Dean Dixon Y Dobbs Y Dover Dunn Y Edwards Y Felton Y Floyd
Y Foster Y Galer YGodbee Y Goodwin Y Greene
Greer Y Groover
Hamilton Y Manner Y Harris
Hasty YHays

Y Heard YHill Y Holcomb
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
Johnson,S Y Kilgore
Kingston Y Lane.D Y Lane.R
Lawler Y Lawrence Y Lawson
YLee.C YLee.W
Y Linder YLogan YLong YLord Y Lucas Y Lupton Y Maddoi
Mangum
Martin,C Y Martin,J
Matthews Y McDonald

On the motion, the ayes were 137, nays 0. The motion prevailed.

Y McKelvey McKinney
YMilam Y Milford Y Moody
Moore Y Morton
Mostiler Y 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 YRandall Y Ransom YRay Y Reaves 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
Smith.T
YSmyre YSnow
Y Stancil Y Steinberg
Thomas,C Y Thomas.M
Thompson Y Townsend Y Triplet! Y Twiggs
Waddle Y Waldrep
Walker.C
Y Walker,L Y Wall Y Ware
Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J Y Williams,R
Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy,Spkr

SB 45. By Senators Bryant of the 3rd and Allgood of the 22nd:
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 disseminate certain information from its records to certain governmental agencies or units of this state and of the United States having legitimate governmental needs therefor.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 45

The Committee of Conference on SB 45 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 45 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Glenn E. Bryant Senator, 3rd District
/s/ Thomas F. Allgood Senator, 22nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Mary Jane Galer Representative, 97th District
Peggy Childs Representative, 53rd District

kl Ed Perry Senator, 7th District

/s/ Jesse Copelan, Jr. Representative, 106th District

2264

JOURNAL OF THE HOUSE,

A BILL
To amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to authorize the Department of Public Safety to disseminate certain information from its records to the Georgia Crime Information Center; to authorize the department to provide access to its records to the Department of Human Resources for the purpose of the enforcement of support obligations pursuant to Chapter 11 of Title 19 of the Official Code of Georgia Annotated; to restrict the use of such information; to authorize the Department of Public Safety to promulgate rules, regulations, or policies governing the means of affording access to such information; to authorize the Department of Public Safety to charge a reasonable fee to defray its expenses in providing access to its records; to provide for other matters relative to the foregoing; to provide for an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, is amended by striking subsections (f) and (g) in their entirety and substituting in lieu thereof new subsections (f), (g), and (h) to read as follows:
"(f) The department may, upon request, disseminate from its records to the United States Selective Service System and the Georgia Crime Information Center compilations of the names, addresses, license numbers, and dates of birth of licensees or applicants for licenses. Such information shall only be used in the fulfillment of the legitimate governmental duties of the United States Selective Service System and the Georgia Crime Information Center and shall not be further disseminated to any person. The department is further authorized to promulgate rules, regulations, or policies governing the means by which such information will be disseminated from its records to the United States Selective Service System and the Georgia Crime Information Center and is further authorized to charge a fee to defray actual expenses incurred in disseminating such information.
(g) Notwithstanding any other provisions of this Code section, the department may, upon request, provide access to and disseminate information from its records, including compilations of the names and addresses of licensees or applicants for licenses, to the Department of Human Resources. Any information provided pursuant to this subsection shall be limited to only the names, most current addresses, license numbers, and dates of birth of licensees or applicants for licenses and shall only be used by the Department of Human Resources in connection with the recovery of delinquent child support pay ments under Chapter 11 of Title 19, known as the 'Child Support Recovery Act.' Such information shall not be further disseminated for purposes other than the recovery of child support. The department is authorized to promulgate rules, regulations, or policies governing the means by which access to its records will be afforded and is further authorized to charge a reasonable fee to defray its costs incurred in affording access to or disseminating information contained in its records.
{g} (h) Except as otherwise provided in aubaection {f) ef this Code section, the department shall not furnish to any person any compilations of the names or addresses of licensees or applicants for licenses."
Section 2. 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 Galer of the 97th moved that the House adopt the report of the Committee of Conference on SB 45.
On the motion, the roll call was ordered and the vote was as follows:

THURSDAY, MARCH 6, 1986

2265

Y Aaron Adams.G
Y Adams.M Y Aiken Y Alford Y Alien Y Anderson Y Argo
Athon Y Atkins Y Auten
Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefleld YBenn Y Birdsong Y Bishop Y Bolster Y Bostick Y Branch YBray
Brooks Y Brown.G
YBuck Y Burruss YByrd Y Carter
Chambless
Y Chance Y Cheeks Y Childers

Childs Clark.B Y Clark.L Y Colbert Coleman Y Colwell Y Connell Cooper Y Copelan Y Couch YCoi Y Crawford Crosby Y Cummings Daugherty Y Davis Dean
Dixon YDobbs Y Dover
Dunn
Y Edwards Y Felton Y 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
Holcomb Y Holmes Y Hooks
Home Y Hudson Y Isakson Y Jackson,J
Jackson.N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson,R Y Johnson.S Y Kilgore
Kingston YLane.D YLane.R Y Lawler Y Lawrence
Lawson YLee.C YLee.W Y Linder YLogan YLong YLord Y Lucas Y Lupton
Maddox Y Mangum
Martin.C
Y MartinJ Matthews
Y McDonald

On the motion, the ayes were 139, nays 0.

The motion prevailed.

Y McKelvey McKinney
Y Milam Milford
Y Moody Moore
Y Morton Y Mostiler
Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish
Patten Peters Pettit Phillips Pinkston Y Porter Rainey YRamsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves 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
Smith.T YSmyre YSnow
Y Stancil Y Steinberg
Thomas.C Y Thomas,M
Thompson Y Townsend Y Triplett Y Twiggs
Waddle Y Waldrep
Walker.C Y Walker.L
Y Wall YWare
Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J
Y Williams.R Wilson
Y Wood Y Workman Y Yeargin
Y Young Murphy ,Spkr

HB 1246. By Representatives Watson of the 114th, Kilgore of the 42nd and Hooks of the 116th:
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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1246

The Committee of Conference on HB 1246 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1246 be adopted.
Respectfully submitted,

FOR THE SENATE:
M Culver Kidd Senator, 25th District
1st Ed Barker Senator, 18th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Roy H. Watson, Jr. Representative, 114th District
Is/ Thomas Kilgore Representative, 42nd District

/s/ Floyd Hudgins Senator, 15th District

Is/ Hugh Boyd Pettit, III Representative, 19th District

2266

JOURNAL OF THE HOUSE,

A BILL
To amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to change the provisions relating to additional eligibility require ments for probate judges in certain counties; 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, if such clerk meets the qualifications of office for probate judge, such chief clerk shall assume the duties of the office of the judge of the probate court upon the death, resignation, incapac ity, or inability of such judge; to provide for terms of service and compensation of chief clerks serving in the capacity of probate judges; to provide for elections to fill vacancies; to provide authority for the appointment of chief clerks of the probate judges; to provide for the duties and authority of chief clerks of the probate judges; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by striking in its entirety subsection (a) of Code Section 15-9-4, relating to additional eligibility requirements for probate judges in certain counties, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In all counties of this state having a population of more than 100,000 according to the United States decennial census of 1970 or any future such census, no person shall be judge of the probate court unless at the time of his election, in addition to the qual ifications required by law, he has attained the age of 30 years and either has practiced law or participated in the writing or passage of law for three years preceding his election or has served for at least five years as a clerk of the probate court, which service has been continuous and immediately prior to his election as judge of the probate court."
Section 2. Said chapter is further amended by striking Code Section 15-9-11.1 in its entirety and inserting in lieu thereof a new Code Section 15-9-11.1 to read as follows:
"15-9-11.1. Notwithstanding the provisions of Code Sections 15-9-10 and 15-9-11, in att counties ef this state having a population ef net teas than 160,000 and net mere than iol/,lAAj according to tnc united otatcs decennial census oi lyou OP any tutupc SUCH census, any county in which a chief clerk of the probate judge has been appointed pur suant to Code Section 15-9-36 and said chief clerk meets all qualifications for the office of probate judge, the chief clerk of the probate judge shall assume the duties of the office of the judge of the probate court upon the death, resignation, incapacity, or inabil ity of the such judge of the probate court of any such county to serve^ the chief eteffc ef saeh judge shall assume the duties ef the office. Such chief clerk of the probate judge shall serve until such time as the incapacity or inability of such judge is removed or until January I following the next succeeding general election, whichever occurs first. The chief clerk of the probate judge shall receive no additional compensation for per forming the duties of such judge except in cases involving the death or resignation of such judge, in which case the chief clerk of the probate judge shall receive the same compensation, paid in the same manner, as such judge would have received. Unless the
election, 8 Qttiy QUftiiiieu person snflii i&e elected ds jud^'ei ftnet such person so elected shaH serve for the remainder ef- the unexpircd ten ef effieer If the next succeeding gen eral election is not one at which county officers are elected and unless the incapacity or inability of such judge is removed prior to such election, a duly qualified person shall be elected judge at a special election held at the same time as the general election. The person so elected shall take office on January 1 following such election and shall serve for the remainder of the unexpired term of office."
Section 3. Said chapter is further amended by striking Code Section 15-9-36 in its entirety and inserting in lieu thereof a new Code Section 15-9-36 to read as follows:
"15-9-36. (a) The judges of the probate courts are, by virtue of their offices, clerks of their own courts; but they may, at their own expense, appoint one or more clerks,

THURSDAY, MARCH 6, 1986

2267

for whose conduct they are responsible, who hold their offices at the pleasure of the judge. The judges of the probate courts shall also have the authority to appoint one of their clerks as chief clerk of the probate judge unless otherwise provided by local law.
(b) The appointed clerks2 including the chief clerk of the probate judge, may do all acts the judges of the probate courts could do which are not judicial in their nature and may act for judges of the probate courts in those cases in which they are authorized to act for the judge by Code Section 15-9-13. The chief clerk of the probate judge shall also have the authority prescribed in Code Section 15-9-11.1."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Watson of the 114th moved that the House adopt the report of the Committee of Conference on HB 1246.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M Y Aiken
Alford Y Alien Y Anderson Y Argo
Athon Y Atkins Y Auten Y Bailey Y Balkcom N 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 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
Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings
Daugherty Y Davis
Dean Dixon Y Dobbs Y Dover Dunn Y 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 Y Johnson.D Y Johnson.F Y Johnson.R
Johnson.S Y Kilgore
Kingston Y Lane.D
Y Lane.R Y Lawler N Lawrence
Y Lawson Y Lee.C Y Lee.W Y Linder
Y Logan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C
Y Martin,J Matthews
Y McDonald

On the motion, the ayes were 145, nays 4. The motion prevailed.

Y McKelvey McKinney
Y Milam Y Milford Y Moody
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 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

N Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith,?
Smith.T Y Smyre YSnow Y Stancil
Y Steinberg Y Thomas.C Y Thomas.M
Thompson Y Townsend Y Triplet!
Twiggs Waddle Waldrep Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts White N Wilder Y Williams.B Y Williams,J
Y Williams.R Wilson
Y Wood Y Workman Y Yeargin Y Young
Murphy,Spkr

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 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.

2268

JOURNAL OF THE HOUSE,

Representative Steinberg of the 46th moved that the House insist on its position in disagreeing to the Senate amendment to HB 377 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 Steinberg of the 46th, Childs of the 53rd and Groover of the 99th.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

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.

The following Senate amendment was read:

Amend HB 1362 by striking from line 24 of page 1 the following: "1986",
and substituting in lieu thereof the following: "1987".

Representative Crosby of the 150th moved that the House agree to the Senate amend ment to HB 1362.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten
Y Bailey Y Balkcom Y Bannister Y Bargeron Y Harriett,B Y Barnett.M
YBeck Y Benefleld YBenn Y Birdsong Y 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 YCox Y Crawford
Y Crosby Y Cummings
Daugherty Y Davis

YDean Dixon
YDobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer 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
Ylsakson Y Jackson,J
Jackson,N Y Jamieson Y Johnson,D Y Johnson.F Y Johnson,R Y Johnson.S Y Kilgore
Kingston YLane,D
YLane.R Y Lawler Y Lawrence YLawson YLee,C YLee,W Y Under YLogan
YLong YLord Y Lucas Y Lupton
Maddox Y Mangum

Y Martin.C Y Martin,J
Matthews Y McDonald Y McKelvey
McKinney
YMilam Y Milford Y Moody
Moore Y Morton Y Mostiler
Moultrie Y Mueller Y Oliver.C
Y Padgett Y Pannell YParham
Y Parrish Patten
Y Peters Y Pettit
Phillips Pinkston Y Porter Y Rainey

THURSDAY, MARCH 6, 1986

2269

Y Ramsey.T Y Ramsey.V Y Randall Y Ransom Y Ray Y Reaves Y Redding
Y Richardson Y Robinson.C Y Robinson,?

Y Ross Y Royal
Russell Y Selman Y Shepard Y Sherrod Y Sinkfield
Y Sizemore Y Smith.L
Smith.P

Smith,T Y Smyre Y Snow Y Stancil Y Steinberg Y Thomas.C Y Thomas.M
Thompson Y Townsend Y Triplet!

On the motion, the ayes were 152, nays 0. The motion prevailed.

Y Twiggs 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
Wilson Y Wood Y Workman
Y Yeargin Young Murphy.Spkr

The following Bill of the Senate was taken up for the purpose of considering the Senate substitute to the House substitute:

SB 331. By Senator Cobb of the 28th:
A bill to amend Code Section 40-3-33 of the Official Code of Georgia Anno tated, relating to the transfer of vehicle by operation of law and the granting of a new certificate of title on such vehicle, so as to provide for the transfer of a vehicle by a bequest granted by a probate judge pursuant to Code Section 53-1-5.

The following Senate substitute was read:

A BILL
To amend Code Section 40-3-33 of the Official Code of Georgia Annotated, relating to the transfer of vehicle by operation of law and the granting of a new certificate of title on such vehicle, so as to authorize the commissioner to issue a certificate of title for a motor vehicle upon the transfer of a motor vehicle under a will where the motor vehicle was the decedent's only asset and no application for the administration of the estate of the deceased or the probate of such will has been made; to provide certain conditions; to provide procedures; to provide for affidavits and the form of the affidavit; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-3-33 of the Official Code of Georgia Annotated, relating to the transfer of vehicle by operation of law and the granting of a new certificate of title on such vehicle, is amended by adding at the end thereof a new subsection (e) to read as follows:
"(e) (1) In the event of transfer under a will when the motor vehicle was the decedent's only asset, upon receipt of an application for a new certificate of title accompanied by the required fee, the last certificate of title, if available, and an affi davit by the applicant to the effect that the motor vehicle was owned by the decedent and was the decedent's only asset and was not encumbered, that under the will the applicant is entitled to receive title to such motor vehicle, that no application for the administration of the estate of the deceased or the probate of such will is to be had, and that the estate is not indebted and the surviving spouse, if any, and the heirs, if any, are sui juris and have amicably agreed that title to said vehicle be issued to the applicant, the commissioner shall issue to the person or persons shown by such evidence to be entitled thereto the certificate of title for the vehicle.
(2) The commissioner shall prescribe the form of the affidavit to be used in para graph (1) of this subsection."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

2270

JOURNAL OF THE HOUSE,

Representative Jackson of the 9th moved that the House agree to the Senate substi tute to the House substitute to SB 331.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo
Athon Y Atkins Y 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 Y Burrusa 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
Cummings Daugherty Y Davis YDean Dixon YDobbs Y Dover Dunn Y Edwards Y Felton Y Floyd Y Foster 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
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 Y Lawrence Y Lawson YLee.C YLee.W Y Linder YLogan YLong YLord Y Lucas Y Lupton Y Maddoi Y Mangum Y Martin,C Y Martin,J
Matthews McDonald

On the motion, the ayes were 150, nays 0. The motion prevailed.

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
Pettit Phillips Pinkston Y Porter Y Rainey
Y Ramsey.T Y Ramsey.V YRandall
Y Ransom YRay Y Reaves Y Redding Y Richardson
Robinson.C Y Robinson.P YRoss Y Royal
Russell Y Selman

Y Shepard Y Sherrod
Y Sinkfield Y Sizemore
Y Smith.L Y Smith,?
Smith.T
Y Smyre YSnow Y Stancil
Y Steinberg Thomas.C
Y Thomas.M 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 Y Williams,J Y Williams.R
Wilson
Y Wood Y Workman
Y Yeargin Young Murphy,Spkr

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

HB 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.

The following Senate substitute was read:

A BILL
To amend Chapter 5 of Title 45 of the Official Code of Georgia Annotated, 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 authorized to fill the vacancy or call an election to fill the vacancy shall do so without the necessity of a judicial determination of the

THURSDAY, MARCH 6, 1986

2271

occurrence of the vacancy; to require notice of such action in certain cases; to provide for procedures for the resignations of senators and representatives of the State of Georgia in the United States Congress and all state, county, and municipal officers; to provide for the specific repeal of certain provisions relating to the resignation of a member of a county board of education or a county school superintendent; 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 5 of Title 45 of the Official Code of Georgia Annotated, relating to vacancies in public offices, is amended by striking Code Section 45-5-1, relating to vaca tion of office, and inserting in its place a new Code section to read as follows:
"45-5-1. (a) All offices in the state shall be vacated: (1) By the death of the incumbent; (2) By resignation, when accepted; (3) By decision of a competent tribunal declaring the office vacant; (4) By voluntary act or misfortune of the incumbent whereby he is placed in any
of the specified conditions of ineligibility to office which shaH operate from the time the fact is ascertained and declared by the proper tribunal;
(5) By the incumbent ceasing to be a resident of the state or of the county, circuit, or district for which he was elected? In the first ease the office shall be vacated
ttt IIIG idttcr ccoc trie oiiicc sti&il DC vscfltcQ trout LUG T/IITIG trie iflct ts judicially ascertained;
(6) By failing to apply for and obtain commissions or certificates or by failing to qualify or give bond, or both, within the time prescribed by the laws and Constitution of Georgia; or
(7) By abandoning the office or ceasing to perform its duties, or both. (b) Upon the occurrence of a vacancy in any office in the state, the officer or body authorized to fill the vacancy or call for an election to fill the vacancy shall do so with out the necessity of a judicial determination of the occurrence of the vacancy. Before doing so, however, the officer or body shall give at least ten days' notice to the person whose office has become vacant, except that such notice shall not be required in the case of a vacancy caused by death, final conviction of a felony, or written resignation. The decision of the officer or body to fill the vacancy or call an election to fill the vacancy shall be subject to an appeal to the superior court; and nothing in this subsection shall affect any right of any person to seek a judicial determination of the eligibility of any person holding office in the state. The provisions of this subsection shall apply both to vacancies occurring under this Code section and to vacancies occurring under other laws of this state."
Section 2. Said chapter is further amended by striking Code Section 45-5-5, relating to when resignations are to be made to the Governor, which reads as follows:
"45-5-5. The resignations of Georgia's senators and representatives in the United States Congress, members of the General Assembly, and of all officers whose commis sions are issued from the office of Secretary of State or the office of the Governor and whose places may be filled by executive appointment shall be made to the Governor.", and inserting in its place a new Code Section 45-5-5 to read as follows:
"45-5-5. (a) The resignations of all state and county officers and senators and repre sentatives of the State of Georgia in the United States Congress shall be made to the Governor. If the resignation is from an office which may not be filled by executive appointment of the Governor, the Governor shall, upon receiving the resignation, promptly notify the appropriate official of the state or county to fill the vacancy or to initiate the process for filling the vacancy according to law.
(b) The resignations of municipal officers shall be made to the governing authority of the municipality who shall fill the vacancies in accordance with law."
Section 3. Code Section 20-2-54 of the Official Code of Georgia Annotated, relating to the resignation of a member of a county board of education or a county school super intendent, which reads as follows:

2272

JOURNAL OF THE HOUSE,

"20-2-54. When any member of a county board of education or a county school superintendent resigns, his resignation shall be tendered in writing to the county board of education.", is repealed in its entirety.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Williams of the 6th moved that the House agree to the Senate substi tute to HB 1501.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M
Y Aiken
Y Alford Y Alien Y Anderson YArgo 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
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
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
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 Y Johnson.F Y Johnson,R Y Johnson,S Y Kilgore
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

On the motion, the ayes were 157, nays 0. The motion prevailed.

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 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 Russell Y Selman

Y Shepard Y Sherrod Y Sinkfield
Y Sizemore Y Smith.L Y Smith,?
Smith.T Y Smyre
Snow Y Stancil Y Steinberg Y Thomas.C
Thomas.M Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams,B Y Williams,J Y Williams,R Y Wilson Wood Y Workman Y Yeargin Young Murphy.Spkr

The following Resolution of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HR 666. By Representative Lupton of the 25th: A resolution compensating Mr. Paul Webb, d.b.a. Kwik Kopy #206.

Representative Lupton of the 25th moved that the House insist on its position in disagreeing to the Senate amendment to HR 666 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.

THURSDAY, MARCH 6, 1986

2273

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Lupton of the 25th, Townsend of the 29th and Dover of the llth.

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

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1162

The Committee of Conference on HB 1162 recommends that the Senate recede from its position and that HB 1162 as passed by the House of Representatives be adopted.

Respectfully submitted,

FOR THE SENATE:
1st J. Tom Coleman, Jr. Senator, 1st District
M 3. Nathan Deal Senator, 49th District
/s/ Edward Hine, Jr. Senator, 52nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Robert G. Peters Representative, 2nd District
/s/ Howard H. Rainey Representative, 135th District
/s/ Cas M. Robinson Representative, 58th District

Representative Robinson of the 58th moved that the House adopt the report of the Committee of Conference on HB 1162.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adam8,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 Benefleld
YBenn Y Birdsong Y Bishop
Y Bolster

Y Bostick Y Branch YBray
Brooks
N Brown.G Buck
Y Burruss
YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childera 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
Cummings Daugherty Y Davis Dean
Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster
Y Galer YGodbee Y Goodwin Y Greene
Greer Y Groover Y Hamilton
Hanner

Y Harris Y Hasty
YHays Y Heard
Hill Y Holcomb Y 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
Y Kilgore Kingston
Y Lane,D Y Lane.R Y Lawler

Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder YLogan
YLong YLord
Lucas Y Lupton Y Maddox Y Mangum
Y Martin.C Y MartinJ
Matthews Y McDonald Y McKelvey
McKinney
Milam Y Milford Y Moody Y Moore Y Morton

2274

JOURNAL OF THE HOUSE,

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
Ransom
Y Ray Y Reaves
Redding Y Richardson
Y Robinson.C Y Robinson.P Y Ross

Y Royal
Russell Y Selman Y Shepard Y Sherrod Y Sinkfield
Y Sizemore Y Smith,L
Y Smith,P Smith.T
Y Smyre Y Snow Y Stancil

On the motion, the ayes were 145, nays 1. The motion prevailed.

Steinberg
Y Thomas.C Thomas.M Thompson
Y Townsend Y Triplett
Y Twiggs Y Waddle
Y Waldrep Walker.C
Y Walker.L Y Wall
Ware

Y Watson
Y Watts White
Y Wilder Y Williams.B Y Williams,J
Y Williams.R Y Wilson
Y Wood Y Workman
Y Yeargin Young Murphy.Spkr

The following Bill and Resolution of the House were taken up for the purpose of considering the Senate amendments thereto:

HR 689. By Representative Kingston of the 125th: A resolution compensating Mr. M. C. Nettles.

The following Senate amendment was read:

Amend HR 689 by striking on Page 2, line 6, the figure "$3,254.61" and inserting in lieu thereof the following:

Representative Kingston of the 125th moved that the House disagree to the Senate amendment to HR 689.
The motion prevailed.
HB 2071. By Representative Kingston of the 125th: A bill to propose the incorporation and provide a proposed charter for the City of Islands in Chatham County.
The following Senate amendment was read:
Amend HB 2071 by striking from line 27 on page 31 the following: "14",
and inserting in its place the following: "12".
By striking from lines 4 and 5 on page 32 the following: "the City of Islands, Georgia, be Georgia, be approved?'", and inserting in its place the following: "the City of Islands, Georgia, be approved?'"
Representative Kingston of the 125th moved that the House agree to the Senate amendment to HB 2071.

THURSDAY, MARCH 6, 1986

2275

On the motion, the ayes were 103 nays 0. The motion prevailed.

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

Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

HB 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.

The Senate adheres to its substitutes and has appointed a Committee of Conference on the following Bills of the House:

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 President has appointed on the part of the Senate the following: Senators Cobb of the 28th, Bowen of the 13th and Reddish of the 6th.

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 President has appointed on the part of the Senate the following: Senators Kidd of the 25th, Phillips of the 9th and Dawkins of the 45th.

The Senate adheres to its amendments and has appointed a Committee of Conference on the following Bill of the House:

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:
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,

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JOURNAL OF THE HOUSE,

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.

The President has appointed on the part of the Senate the following: Senators Hudgins of the 15th, Broun of the 46th and Turner of the 8th.

The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate.

SB 465. By Senators Howard of the 42nd, Starr of the 44th, Trulock of the 10th and others:
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 change certain provisions relating to the establishment and desig nation of community work experience programs; to change the scope of such programs and require registration and participation therein under certain conditions.

The President has appointed on the part of the Senate the following: Senators Howard of the 42nd, Starr of the 44th and Hudgins of the 15th.

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

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.

The President has appointed a second Committee of Conference on the part of the Senate:
Senators Kidd of the 25th, Hudgins of the 15th and Walker of the 43rd.

By unanimous consent, all Bills and Resolutions passed today were ordered immedi ately transmitted to the Senate.

During this day's proceedings, the Speaker and Speaker Pro Tern alternated presiding in the Chair.

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.

FRIDAY, MARCH 7, 1986

2277

Representative Hall, Atlanta, Georgia Friday, March 7, 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 Edmond Long, Pastor, First Baptist Church, Lakeland, 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 Resolution of the House and Senate were read the second time:

HB 2074 HB 2075 HB 2076

HR 936 SB 603

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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 332 Do Pass, by Substitute
Respectfully submitted, M Thomas of the 69th
Acting Chairman

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JOURNAL OF THE HOUSE,

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 Senate and has instructed me to report the same back to the House with the following recommendations:

HR 748 Do Pass, by Substitute HR 852 Do Pass, as Amended HR 938 Do Pass

SR 376 Do Pass SR 438 Do Pass, as Amended

Respectfully submitted, /s/ 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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 600 Do Pass SB 602 Do Pass
Respectfully submitted, /s/ Richardson of the 52nd
Sub-Committee Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR FRIDAY, MARCH 7, 1986

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 40th Legislative Day as enumerated below:

HR 638 Center Rehab. Tech Study Committee: Re-Create HR 719 High School Dropouts Study Committee: Create HR 749 Age of Crim. Responsibility Study Committee: Create

SB 299 SB 302 SB 306 SB 318 SB 322 SB 344 SB 356 SB 369 SB 392 SB 393 SB 410

Fishing: UnLawful-Removal From Waters of Another Chiropractors: Education Requirements Day-Care Center Facilities: State Employees Mentally 111 Persons: Etc.: Out/Inpatient Treatment Law Enforcement Officer/Prison Guard: Compens.: Cert. Injuries Crim. Procedure: Aggravated Sodomy: Bail Requirements Distilled Spirits: Unlawful Transportation: Seizure Co./Municipalities: Joint Self-Insurance Programs Firefighter Applicant: Driving Record: Disclosure Driver's License: ID Card: Persons 20 Yr./Younger: Requirement Food Fish Dealer: Resident/Nonresident: License

FRIDAY, MARCH 7, 1986

2279

SB 418 State Employees: Counseling: Assistance Program SB 422 County Commissioner: Vacancies: Election SB 440 Public Off./Employees: Liability Insurance: Amend Prov. SB 451 Jail Officer: Training Course: Requirement SB 474 Driver Ed. Motor Vehicle: Ad Valorem Tax: Definition SB 482 Drugs: Wholesale Distribution Or Sales: Regulation SB 490 Elections: Deputy Registrars/Clerks: Additional Duties SB 532 Hospital Equip. Financing Authority: Amend Provisions SB 537 Condominiums: Certain Documents: Preparation SB 552 Traffic Citations: License Suspen.: Lieu of Bail: Reinstatement SB 553 Insurance Risks: Agreements Among Certain Insurers SB 563 Transportation: Plans & Facilities: Hearings SB 579 Ga. State Fin./Investment Comm.: Notes & Bonds: Authorization SB 580 Ga. Residential Finance Authority: Amend Provisions
SR 290 "No Pass, No Play" Study Committee: Create SR 447 Cobb County Local Governments Study Committee: Create
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, la/ Lee of the 72nd
Chairman

By unanimous consent, the following Bills of the Senate were taken up for consider ation and read the third time:

SB 600. By Senator Reddish of the 6th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Charlton County, so as to change the compensation of the tax commissioner; to authorize the tax commissioner to retain 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.

SB 602. By Senators Harrison of the 37th, Brantley of the 56th, Tolleson of the 32nd and others:
A bill to amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner of Cobb County, so as to change the compensation of the chief clerk.

The report of the Committee, which was favorable to the passage of the Bill, was 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:

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JOURNAL OF THE HOUSE,

The Senate has agreed to the House amendment to Senate substitute to the following Bill of the House:

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.

The Senate has agreed to the House amendment to the Senate substitute on the following Bill of the House:

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 Senate recedes from its substitute to the following Resolution of the House:

HR 662. By Representatives Martin of the 60th, Lee of the 72nd, Wood of the 9th, Russell of the 64th, Barnett of the 59th and others:
A resolution proposing an amendment to the Constitution so as to provide that no public authority which is authorized to construct, improve, or main tain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relating to any such authority be amended.

The Senate has passed by the requisite constitutional majority the following Bills of the House:

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.

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.

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.

FRIDAY, MARCH 7, 1986

2281

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.

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.

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.

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.

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.

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.

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.

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

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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.

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.

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.

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.

HB 1742. By Representatives Colwell of the 4th and Walker of the 115th:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions of public property, so as to empower and authorize any unit or instrumentality of government within this state to assert any cause of action, initiate any proceeding, seek any remedy, and request or demand any judicial relief which pertains to property and which is available under the general law of this state to nongovernmental parties in like circumstances.

HB 1984. By Representative Reaves of the 147th:
A bill to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Food Act," so as to provide that the Commissioner of Agriculture is authorized to promulgate and adopt rules and regulations for the labeling of beef; to provide for certification that beef has been produced without feeding, injecting, or implanting antibiotics or growth hormones in the animal.

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.

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

FRIDAY, MARCH 7, 1986

2283

property owned or held by the Board of Regents of the University System of Georgia shall be filed with the Secretary of State.

HB 568. By Representatives Walker of the 85th, Ransom of the 90th, Brown of the 88th and Redding of the 50th:
A bill to amend Code Section 20-8-5 of the Official Code of Georgia Anno tated, relating to law enforcement powers of school security personnel in cer tain counties, so as to remove certain population limitations and provide for applicability to school security personnel of county boards of education and independent boards of education.

HB 1938. By Representative Colwell of the 4th:
A bill to amend Part 7 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Sapelo Island Heritage Authority Act," so as to provide that the best and most important use of the Hog Hammock community located on Greater Sapelo Island is for it to remain occupied by the direct descendants of the slaves of Thomas Spalding.

HB 2001. By Representatives Lucas of the 102nd, Lee of the 72nd and Smyre of the 92nd:
A bill 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 that all income earned by persons aged 18 or under under the Jobs Training Program Act shall not be deducted from any payments made under this article.

The Senate has adopted by the requisite constitutional majority the following Resolu tions of the House:

HR 660. By Representatives Redding of the 50th, Richardson of the 52nd, Robinson of the 58th, Williams of the 54th, Alford of the 57th and others:
A resolution creating the DeKalb County Government Study Commission.

HR 686. By Representatives McKinney of the 35th, Dean of the 29th, Thomas of the 31st, Holmes of the 28th, Greer of the 39th and others:
A resolution creating the Atlanta-Fulton County Taxation Study Commis-

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.
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.
HR 770. By Representative Edwards of the 112th: A resolution transferring the ownership of a certain structure owned by the Georgia Forestry Commission to the Schley County Board of Commissioners.

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JOURNAL OF THE HOUSE,

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

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 Senate insists on its substitute to the following Resolution of the House:

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 indemni fication with respect to the permanent disability of any law enforcement offi cer, fireman, or prison guard who was permanently 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 purpose.

The Senate has disagreed to the House substitute to the following Bill of the Senate:

SB 267. By Senators Howard of the 42nd, Fincher of the 54th, and Kidd of the 25th:
A bill to amend Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of pharmacists, so as to provide for license expiration and renewal and to require pharmacists to obtain continuing pharmaceutical education as a condition for renewing their pharmacist license; to provide for approved correspondence courses.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

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.

The Senate has adopted, as amended, by the requisite constitutional majority the following Resolution of the House:

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.

FRIDAY, MARCH 7, 1986

2285

The Senate has disagreed to the House substitute to 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 as to extensively revise the penalties for failure to comply with the require ments for motor vehicle insurance.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

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 President has appointed on the part of the Senate the following: Senators Scott of the 2nd, Greene of the 26th and Langford of the 35th.

The Senate has disagreed to the House amendment to the following Bill of the Senate:

SB 400. By Senators Garner of the 30th, Harrison of the 37th and Tolleson of the 32nd:
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 for findings and a declaration of policy relative to emergency medical services systems; to provide for definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in this chapter.

The Senate has agreed to the House substitutes to the following Bills of the Senate:

SB 164. By Senators Howard of the 42nd and Barnes of the 33rd:
A bill to amend Chapter 12 of Title 9 of the Official Code of Georgia Anno tated, relating to verdict and judgments, so as to enact the "Uniform Enforcement of Foreign Judgments Law."

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 384. By Senators Deal of the 49th, Barnes of the 33rd, Howard of the 42nd and others:

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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 112. By Senator Broun of the 46th:
A bill to amend Article 1 of Chapter 8 of Title 53 of the Official Code of Georgia Annotated, relating to investments authorized by law for fiduciaries, so as to authorize fiduciaries to invest in and hold, in addition to other investments authorized by law, investment trusts registered under the Invest ment Company Act of 1940, provided that the portfolio of such fund, company, or trust is limited to classes of trust investments allowed by law.

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.

SB 452. 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. 3541), as amended, so as to deannex and exclude certain property from the city.

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 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.

The Senate has agreed to the House amendments to the following Bills of the Senate:

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.

FRIDAY, MARCH 7, 1986

2287

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.

SB 348. By Senator Cobb of the 28th:
A bill to amend Code Section 36-7-2 of the Official Code of Georgia Anno tated, relating to the election, qualifications, commissioning, and removal of county surveyors, so as to prohibit county surveyors who are not licensed by the State Board of Registration for Professional Engineers and Land Sur veyors from engaging in the private practice of professional land surveying.

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.

SB 569. By Senators Harrison of the 37th and Brannon of the 51st:
A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," so as to provide additional powers to the authority; to empower the authority to make contracts and to execute all instruments necessary or convenient to bill customers of subdivisions for street lights con structed and installed in subdivisions and to pay for the costs of electrical service for such street lights.

SB 583. By Senator Bond of the 39th:
A bill to amend Code Section 36-30-3 of the Official Code of Georgia Anno tated, relating to ordinances binding succeeding councils, so as to permit municipal governing authorities in cities having populations of not less than 400,000 according to the United States decennial census of 1980 or any future such census to enter into binding contracts regarding downtown development areas and urban redevelopment areas.

SB 293. By Senator Foster of the 50th:
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 centennial of the founding of Young Harris College.

The Senate has adopted by the requisite constitutional majority the following Resolu tion of the House:

HR 69. By Representatives Reaves of the 147th, Long of the 142nd, Royal of the 144th, Matthews of the 145th, Moody of the 153rd and Branch of the 137th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for indemnification with respect to

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JOURNAL OF THE HOUSE,

publicly employed emergency medical technicians who are or have been killed or permanently disabled in the line of duty on or after January 1, 1987.

The Senate recedes from its amendment to the following Resolution of the House:

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 Senate has adopted by the requisite constitutional majority the following Resolu tion of the House:

HR 125. By Representatives Murphy of the 18th, Oliver of the 121st, Lane of the lllth, Dover of the llth, Hays of the 1st, and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law and expend or authorize the expenditure of public funds for a health insurance plan or program for per sons and the spouses and dependent children of persons who are retired former employees of public schools or public school systems of this state.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Resolutions of the House:

HR 666. By Representative Lupton of the 25th: A resolution compensating Mr. Paul Webb, d.b.a. Kwik Kopy #206.

The President has appointed on the part of the Senate the following: Senators Dean of the 31st, Turner of the 8th and Stumbaugh of the 55th.

HR 593. By Representative Johnson of the 76th: A resolution compensating Wyman Nail, Jr., and Rhonda Nail.

The President has appointed on the part of the Senate the following: Senators Cobb of the 28th, Dean of the 31st and Stumbaugh of the 55th.

The Senate has disagreed to the House substitute to the following Bill of the Senate:

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.

FRIDAY, MARCH 7, 1986

2289

The Senate has passed, as amended, by the requisite constitutional majority the following Bill 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.

The Senate has adopted the report of the Committee of Conference on the following Bills of the House:

HB 1246. By Representatives Watson of the 114th, Kilgore of the 42nd and Hooks of the 116th:
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.

HB 840. By Representative Evans of the 84th:
A bill to amend Part 1 of Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances to secure debt and bills of sale, so as to provide for the method of cancellation of deeds to secure debt which apply to real property.

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.

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.

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.

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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.

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 Senate has agreed to the House amendments to the following Bills of the Senate:

SB 83. By Senator Howard of the 42nd:
A bill to amend Code Section 15-6-28 of the Official Code of Georgia Anno tated, relating to the employment of one law clerk for each judicial circuit, so as to allow payment of the salary amount to which a law clerk would be entitled under such Code section to be made to a county of a judicial circuit which employs more than one law clerk.

SB 423. By Senators Tate of the 38th, McKenzie of the 14th and Barker of the 18th:
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 founding of Fort Valley State College.

SB 424. By Senators Tate of the 38th, Coleman of the 1st and Scott of the 2nd:
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 founding of Savannah State College.

The Senate has agreed to the House amendment to the Senate substitute to the House substitute to the following Bill of the Senate:

SB 340. By Senators Deal of the 49th and Peevy of the 48th:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Anno tated, relating to magistrate courts, so as to provide that with certain excep tions the chief magistrates of certain counties must be active members of the State Bar of Georgia; to provide that review of default judgments in the magistrate courts shall be by certiorari to the superior courts.

The Senate has agreed to the House amendment to the Senate substitute to the following Bill of the House:

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.

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The Senate has agreed to the House substitutes to the following Bills of the Senate:

SB 316. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A hill 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 317. By Senators Barnes of the 33rd, Dean of the 31st and Trulock of the 10th:
A bill to amend Part 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to protection of metropolitan rivers, so as to require a finding from the director of the Environmental Protection division as a prerequisite to an override by a governing authority of the recommendation by the planning and development commission.

The Senate has passed by the requisite constitutional majority the following Bills of the House:

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.

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.

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.

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.

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HB 1609. By Representatives Dunn of the 73rd and 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 which relates to authorizing the General Assembly to empower the Board of Commissioners of Henry County to license and regulate businesses in the unincorporated areas of Henry County and to levy and collect excise taxes in connection with any activity at any racetrack in Henry County.

HB 1618. By Representative Benn of the 38th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing any municipality having a population of 150,000 or more to issue street improvement bonds subject to certain limitations.

HB 1619. By Representative Benn of the 38th:
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 Atlanta to issue revenue bonds for the purpose of providing repairs and improvements in its water works system and sanitation system.

HB 1620. By Representative Benn of the 38th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing that, upon the extension of the corporate limits of the City of Atlanta into Fulton County, the additional territory and school property located in the annexed area become a part of the City of Atlanta independent school system.

HB 1621. By Representative Benn of the 38th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which provides that the City of Atlanta shall assume a portion of the bonded indebtedness of the Fulton County School District when territory within the school district is annexed into the city.

HB 1622. By Representative Benn of the 38th:
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 maximum indebtedness which may be incurred by the City of Atlanta shall be 12 per cent of the total tax digest.

HB 1623. By Representative Benn of the 38th:
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 Atlanta to incur bonded indebtedness without the necessity of the refer endum for the purpose of constructing and repairing water and solid waste disposal systems.

HB 1624. By Representative Benn of the 38th:
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 new court or system of courts in each city having a

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2293

population of more than 300,000 and to provide jurisdiction of such court or system of courts.

HB 1625. By Representative Benn of the 38th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing a procedure whereby the City of Atlanta may issue a total of $4 million in bonds in any fiscal year for school purposes without a referendum.

HB 1626. By Representative Benn of the 38th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing a procedure whereby the City of Atlanta may issue a total of $4 million in bonds in any fiscal year for municipal corporate purposes without a referendum.

HB 1627. By Representative Benn of the 38th:
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 Atlanta to incur bonded indebtedness to the extent of $45 million for school facilities and equipment without a referendum.

HB 1628. By Representative Benn of the 38th:
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 Atlanta to establish historic zones and to enact planning and zoning ordi nances applicable thereto.

HB 1629. By Representative Benn of the 38th:
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 establish procedures whereby any city with a population of over 400,000 may demolish certain buildings or structures from private premises under certain conditions at public expense.

HB 1630. By Representative Benn of the 38th:
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 Atlanta under certain circumstances to levy ad valorem taxes not to exceed two mills in any calendar year for the purpose of retiring revenue obligations issued by the city.

HB 1631. By Representative Benn of the 38th:
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 Atlanta to issue and sell revenue bonds for the construction of off-street parking facilities.

HB 1633. By Representative Benn of the 38th:
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

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Assembly to provide for the creation of a county-wide public library system within all counties having a population of 550,000 or more and to transfer the library facilities of any city located wholly or partially in the county to such system.

HB 1634. By Representative Couch of the 40th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb and creating a new charter for that city, so as to authorize the city to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the "Redevelopment Powers Law," as now or hereafter amended.

HB 1714. By Representative McKinney of the 35th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of more than 300,000 according to the United States decennial census of 1960 or any future such census, approved April 21, 1967, as amended, so as to create the position of senior judge of any such court.

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).

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).

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.

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.

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.

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2295

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.

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.

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).

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.

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).

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.

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.

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.

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HB 1918. By Representative Smith of the 78th:
A bill to amend an Act abolishing the present method of compensating the Tax Commissioner of Butts County known as the fee system and providing in lieu thereof an annual salary, so as to change the provisions relating to the supplemental salary of the tax commissioner.

HB 1924. By Representatives Home of the 103rd, Randall of the 101st, Lucas of the 102nd and Pinkston of the 100th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Bibb County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.

HB 1930. By Representative Birdsong of the 104th: A bill to provide a new charter for the City of Allentown.

HB 1942. By Representatives Mostiler of the 75th and Johnson of the 76th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Spalding County during desig nated registration periods as provided in Code Section 40-2-20.1 of the Offi cial Code of Georgia Annotated.

HB 1949. By Representative Peters of the 2nd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change the compensation of the members of said board.

HB 1950. By Representative Peters of the 2nd:
A bill to amend an Act creating the office of commissioner of Catoosa County, so as to provide for hospitalization insurance for certain elected offi cers of the county to be continued after they cease to hold office; to provide conditions for such insurance, including the payment of the full cost thereof by such officers.

HB 1951. By Representative Peters of the 2nd:
A bill to amend an Act placing the judge of the Probate Court of Catoosa County on an annual salary in lieu of fees, so as to increase the clerical help allowance of the judge of the probate court.

HB 1957. By Representatives Lane of the lllth and 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 Bulloch County during desig nated registration periods as provided in Code Section 40-2-20.1 of the Offi cial Code of Georgia Annotated.

HB 1959. By Representative Birdsong of the 104th:
A bill to provide that future school superintendents of the Twiggs County School District shall be appointed by the board of education rather than elected.

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HB 1960. By Representative Birdsong of the 104th: A bill to provide a new charter for the City of Ivey.

HB 1961. By Representatives Mostiler of the 75th and Johnson of the 76th:
A bill to amend an Act abolishing the fee system as the mode of compen sation of the Coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, so as to change the compensation of the coroner.

HB 1966. By Representative Chance of the 129th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Effingham County during desig nated registration periods as provided in Code Section 40-2-20.1 of the Offi cial Code of Georgia Annotated.

HB 1967. By Representative Waddle of the 113th:
A bill to amend an Act incorporating the City of Centerville in Houston County, so as to authorize the city to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pur suant to the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such powers.

HB 1968. By Representative Pannell of the 122nd:
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 the City of Savannah to establish historic zones within a designated area of the city.

HB 1972. By Representative Crawford of the 5th:
A bill to create a board of commissioners of Chattooga County; to provide for their election, oath, and powers and duties; to prohibit candidates for nomination or election to said board from making certain agreements and to provide for penalties in connection therewith.

HB 1975. By Representatives Auten of the 156th and Ramsey of the 155th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Glynn County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.

HB 1976. By Representatives Peters of the 2nd and Ramsey of the 3rd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to change provisions relating to the compensation of the tax commissioner; to increase the amount payable for help in that office.

HB 1981. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act creating a board of commissioners of Bulloch County, so as to change the name of the position "chairman and clerk" of the board of commissioners of Bulloch County to "chairman"; to authorize the board

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of commissioners to employ a clerk and a deputy clerk; to provide for edito rial revision.

HB 1985. By Representative Smith of the 78th:
A bill to create the Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority.

HB 1987. By Representatives Groover of the 99th, Randall of the 101st and Home of the 103rd:
A bill to amend an Act providing a new charter for the City of Macon in Bibb County, so as to authorize the city to have and be authorized to exer cise 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.

HB 1988. By Representatives Groover of the 99th, Home of the 103rd, Lucas of the 102nd, Pinkston of the 100th and Randall of the 101st:
A bill to amend an Act establishing the board of commissioners of Bibb County, so as to authorize Bibb County to have and be authorized to exercise all redevelopment and other powers authorized or granted counties pursuant to the "Redevelopment Powers Law," as now or hereafter amended, and pro vide for certain such powers.

HB 1989. By Representative Sizemore of the 136th:
A bill to provide for the compensation of the chairman and members of the board of education of Worth County.

HB 1990. By Representative Sizemore of the 136th:
A bill to provide for the election of a chairman and four members of the Worth County Board of Education; to provide the manner of election; to pro vide for education districts.

HB 1994. By Representatives McDonald of the 12th, Dover of the llth and Jamieson of the llth:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Banks County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.

HB 1996. 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, operation, and powers of the City of Dalton Building Authority.

HB 2000. By Representatives Lane of the lllth and Godbee of the 110th: A bill to create a new charter for the City of Statesboro.

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HB 2004. By Representative Russell of the 64th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Barrow County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.

HB 2008. By Representative Greene of the 130th:
A bill to amend an Act creating a new charter for the City of Richland in the County of Stewart, so as to include certain property in the corporate limits of the city.

HB 2009. By Representatives Twiggs of the 4th, Jamieson of the llth, Colwell of the 4th and Dover of the llth:
A bill to amend an Act providing for an investigator for the District Attorney of the Mountain Judicial Circuit, so as to change the provisions relating to the compensation of the investigator.

HB 2016. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act creating a board of commissioners for Habersham County, so as to change the compensation of the chairman and the members of the board.

HB 2017. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act placing the clerk of the Superior Court of Bulloch County on an annual salary, so as to change the compensation of the employees of the clerk.

HB 2018. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act placing the judge of the Probate Court of Bulloch County upon an annual salary, so as to change the compensation of the clerk of the judge of the probate court; to provide for part-time employees.

HB 2019. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act creating the office of tax commissioner of Bulloch County, so as to change the compensation of the assistants of the tax commissioner; to provide for part-time clerical employees.

HB 2020. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act placing the coroner of Bulloch County on an annual salary, so as to change the compensation of the coroner; to provide for travel expenses.

HB 2021. By Representatives Watts of the 41st, Kilgore of the 42nd and Lee of the 70th:
A bill to amend an Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, so as to change the compensation of the coroner.

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HB 2022. By Representative Smith of the 78th:
A bill to amend an Act creating a board of commissioners of Butts County, so as to provide for the selection of a vice chairman to act in the absence of the chairman; to provide for vacancies if members move their residence from the district from which they were elected.

HB 2023. By Representative Edwards of the 112th:
A bill to amend an Act providing for education districts for the election of members of the board of education of Marion County, so as to provide for the manner of electing the first and subsequent members of the board of education of Marion County.

HB 2024. By Representative Edwards of the 112th:
A bill to amend an Act creating a board of commissioners of Marion County, so as to reapportion the commissioner districts in said county; to provide for the election of members of the board of commissioners from commissioner districts.

HB 2044. By Representatives Bailey of the 72nd, Lee of the 72nd, Johnson of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and others:
A bill to amend an Act establishing a new charter for the City of College Park, so as to annex certain contiguous property into the corporate limits of said city.

HB 2045. 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 change certain provisions relating to the creation of the authority; to change certain provisions relating to the issuance of revenue bonds; to change certain provisions relating to the negotiability of revenue bonds.

HB 2046. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act placing the sheriff of Bulloch County upon an annual salary, so as to change the compensation of the deputies and office clerk of the sheriff; to authorize the sheriff to expend county funds in excess of cer tain limitations with the approval of the board of county commissioners in order to comply with the overtime pay provisions of the federal Fair Labor Standards Act.

HB 2050. By Representative Dixon of the 151st:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Camden County during desig nated registration periods as provided in Code Section 40-2-20.1 of the Offi cial Code of Georgia Annotated.

HB 2052. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act creating the Board of Commissioners of Rabun County, so as to change the provisions relating to the selection of the chair man of the board of commissioners.

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HB 2053. By Representatives Dover of the llth and Jamieson of the llth:
A bill to reincorpprate and provide a new municipal charter for the City of Baldwin, in Habersham and Banks counties; to provide for the boundaries of the city.

HB 2054. By Representatives Pettit of the 19th, McKelvey of the 15th and Childers of the 15th:
A bill to provide that each resident of the Bartow County School District who is 62 years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $18,000.00 per annum shall be granted an exemption from all Bartow County School District taxes on the full value of such person's homestead owned and occupied by such person as a residence.

HB 2055. By Representatives Crawford of the 5th, Hays of the 1st and Snow of the 1st:
A bill to amend an Act relating to the Dade County board of education, so as to change the number of members of the board of education which consti tutes a quorum for the transaction of business.

HB 2056. By Representatives McDonald of the 12th, 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 authorizing the Board of Commissioners of Banks County to assess and collect license fees and taxes from all persons, firms, and corporations maintaining any place of business in any area of Banks County.

HB 2057. By Representatives Triplett of the 128th, Hamilton of the 124th and Pannell of the 122nd:
A bill to amend an Act creating a new charter for the City of Pooler, so as to change the corporate limits of the City of Pooler.

HB 2058. By Representatives Lucas of the 102nd, Randall of the 101st, Pinkston of the 100th, Groover of the 99th and Horne of the 103rd:
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 Macon to grant preferential assessments for city ad valorem property tax purposes for revitalized or rehabilitated residential property (Res. Act No. 171).

HB 2061. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Lumpkin County during desig nated registration periods as provided in Code Section 40-2-20.1 of the Offi cial Code of Georgia Annotated.

HB 2062. By Representative Dixon of the 151st:
A bill to amend an Act creating a board of commissioners for Ware County, so as to provide for the governing authority of Ware County.

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HB 2063. By Representatives Dover of the llth and Jamieson of the llth:
A bill to amend an Act incorporating the Town of Alto, so as to provide for staggered two-year terms for the mayor and council members; to provide for elections from posts by majority vote.

HB 2065. By Representative Martin of the 60th:
A bill to amend an Act creating a new charter for the City of Duluth, so as to change the provisions relating to the salaries of the mayor and members of the council; to change the provisions relating to the election of officers of the city; to change the provisions relating to the clerk.

HB 2067. By Representative Colwell of the 4th: A bill to create a new charter for the City of East Ellijay, Georgia.

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

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.

The following Senate amendment was read:

Amend HB 1794 by striking from line 3 of page 1 and line 6 of page 1 the following: "child",
and inserting in their respective places the following: "minor".
By striking from line 21 of page 1, line 23 of page 1, line 24 of page 1, and line 26 of page 1 the following:
"miner child", and inserting in their respective places the following:
"minor".
By striking from line 3 of page 2, line 7 of page 2, line 8 page 2, line 10 of page 2, and line 12 of page 2 the following:
"child", and inserting in its place the following:

Representative Johnson of the 72nd moved that the House agree to the Senate amendment to HB 1794.
On the motion, the roll call was ordered and the vote was as follows:

FRIDAY, MARCH 7, 1986

2303

Aaron Adams.G Y Adams.M Y Aiken Y Alford Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield Benn Birdsong Bishop Bolster Bostick Y Branch YBray Brooks Brown.G Buck Burruss YByrd Y Carter Chambless Chance Cheeks Y Childers

Childs Clark,B Y Clark.L Colbert Coleman Colwell Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Cummings Daugherty Davis YDean Dixon Dobbs Y Dover YDunn Edwards Y Felton Y Floyd Foster Galer Godbee Goodwin Y Greene Greer Y Groover
Y Hamilton Manner
Y Harris Y Hasty YHays

Y Heard Y Hill Y Holcomb Y Holmes Y Hooks
Home Y Hudson
Isakson Y Jackson,J
Jackson.N Jamieson Y Johnson.D Y Johnson.F Johnson,R Johnson,S Y Kilgore Y Kingston Lane.D Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W Linder Y Logan YLong YLord Lucas Y Lupton Y Maddox Y Mangum Martin.C Y Martin,J Matthews Y McDonald

On the motion, the ayes were 102, nays 0. The motion prevailed.

Y McKelvey McKinney Milam
Y Milford Y Moody
Moore Morton Mostiler Moultrie Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Patten Peters Pettit Phillips Pinkston Porter Rainey Y Ramsey.T Y Ramsey.V Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson
Robinson.C Y Robinson.P YRoss Y Royal
Russell Y Selman

Y Shepard Y Sherrod Y Sinkfield Y Sizemore
Smith.L Y Smith,P
Smith.T Smyre YSnow Y Stancil Steinberg Thomas.C Thomas,M Y Thompson Townsend Y Triplett Twiggs Y Waddle Y Waldrep Walker.C Walker,L YWall Ware Watson Y Watts Y White Wilder Y Williams,B Y Williams,J Y Williams,R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy ,Spkr

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 Senate amendment was read:

Amend HB 1723 by striking the quotation marks at the end of line 17 on page 3.
By adding between lines 17 and 18 the following:
"(f) Casual sales which are not to the general public and which are between family or friends for the sole purpose of sharing entertainment will not constitute a violation of this Code section.'"

Representative Kilgore of the 42nd moved that the House disagree to the Senate amendment to HB 1723.
The motion prevailed.

The following Bills of the Senate were taken up for the purpose of considering the Senate's disagreeing to the House substitutes thereto:

SB 267. By Senators Howard of the 42nd, Fincher of the 54th, and Kidd of the 25th:

2304

JOURNAL OF THE HOUSE,

A bill to amend Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of pharmacists, so as to provide for license expiration and renewal and to require pharmacists to obtain continuing pharmaceutical education as a condition for renewing their pharmacist license; to provide for approved correspondence courses.

Representative Cooper of the 20th moved that the House insist on its position in sub stituting SB 267.
The motion prevailed.

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.

Representative Jackson of the 9th moved that the House insist on its position in sub stituting SB 390.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 465. By Senators Howard of the 42nd, Starr of the 44th, Trulock of the 10th and others:
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 change certain provisions relating to the establishment and desig nation of community work experience programs; to change the scope of such programs and require registration and participation therein under certain conditions.

Representative Dover of the llth moved that the House adhere to its position in sub stituting SB 465 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 Dover of the llth, Brooks of the 34th and Wilson of the 20th.

The following Resolution of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HR 567. By Representative Ross of the 82nd: A resolution compensating Miss Annie M. Peterson.

Representative Ross of the 82nd moved that the House insist on its position in disagreeing to the Senate amendment to HR 567 and that a Committee of Conference be

FRIDAY, MARCH 7, 1986

2305

appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Ross of the 82nd, Brooks of the 34th and Mangum of the 57th.
The following Resolution of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HR 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 indemni fication with respect to the permanent disability of any law enforcement offi cer, fireman, or prison guard who was permanently 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 purpose.

Representative Lucas of the 102nd moved that the House recede from its position in disagreeing to the Senate substitute to HR 644 and that the Senate substitute be agreed
to.

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

Aaron Adams,G Adams,M Y Aiken Y Alford Y Alien Y Andereon Argo Y Athon Atkins YAuten
Y Bailey Balkcom
N Bannister Y Bargeron Y Bamett,B Y Barnett.M YBeck Y Benefield YBenn
Birdsong
Bishop Y Bolster YBostick Y Branch YBray Y Brooks Y Brown.G
Buck Burrusa
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
Copelan Y Couch YCox Y Crawford
Crosby Y Cummings
Daugherty Davis YDean Dixon Dobbs Y Dover Dunn Edwards Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin
Y Greene YGreer
Groover Y Hamilton Y Manner Y Harris
Y Hasty YHays

Heard YHill Y Holcomb Y Holmes Y Hooks
Home Y Hudson Y Isakson Y Jackson,J
Jackson.N Y Jamieson Y Johnson.D
Johnson.F
Y Johnson,R Johnson,S Kilgore
Y Kingston YLane,D YLane,R Y Lawler Y Lawrence YLawson
YLee.C YLee.W
Y Under Logan
YLong YLord Y Lucas Y Lupton
Maddox Y Mangum
Martin.C Y Martin,J
Y Matthews McDonald

On the motion, the ayes were 120, nays 2.

Y McKelvey Y McKinney
Milam Y Milford
Y Moody Y Moore
Morion Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Padgett Y Pannell
YParham
Y Parrish Y Patten
Peters Pettit Phillips Y Pinkston
Y Porter
Rainey Ramsey.T Y Ramsey.V YRandall
Y Ransom
Ray Y Reaves
Redding Richardson Y Robinson.C Y Robinson.P
YRoss Y Royal
Russell
Y Selman

N Shepard Y Sherrod Y Sinkfield
Sizemore Y Smith,L Y Smith,P
Y Smith,T Smyre
YSnow Y Stancil
Y Steinberg Thomas,C
Y Thomas.M
Y Thompson Y Townsend
Triplett Twiggs Y Waddle Y Waldrep Walker.C Walker.L
YWall Ware Watson Watts
Y White Wilder
Y Williams.B
Y WilliamM Y Williams,R Y Wilson
Wood Y Workman Y Yeargin
Young Murphy,Spkr

2306

JOURNAL OF THE HOUSE,

The motion prevailed.

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

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 Senate substitute was read:

A BILL
To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, 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, for West Georgia College, and for Albany State College; 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. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles in general, is amended by adding immediately after Code Section 40-2-29.3 a new Code Section 40-2-29.4 and a new Code Section 40-2-29.5 to read as follows:
"40-2-29.4. (a) The commissioner shall design a special distinctive license plate for Georgia Southern College and for West Georgia College. It shall not be a requirement that a county name decal be affixed and displayed on license plates under this Code section.
(b) In calendar years 1987 through 1989, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a $25.00 manufacturing fee in addi tion to the regular motor vehicle registration fee, shall be issued such a special license plate. Special license plates issued on or after January 1, 1987, under this Code section shall be used until the expiration of other seven-year license plates issued on or after January 1, 1983, as provided in Code Section 40-2-29.
(c) 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 December 31, 1989.
40-2-29.5. (a) To commemorate the founding of Albany State College there shall be issued in 1987 special license plates to commemorate the founding of that college.
(b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the founding of Albany State College. It shall not be a requirement that a county name decal be affixed and displayed on license plates under this Code section.
(c) In calendar year 1987, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a $25.00 manufacturing fee in addition to the regular motor vehicle registration fee, shall be issued such a special license plate. Special license plates issued on or after January 1, 1987, under this Code section shall be used until the expiration of other seven-year license plates issued on or after January 1, 1983, as provided in Code Section 40-2-29.

FRIDAY, MARCH 7, 1986

2307

(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 December 31, 1989."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Lane of the lllth moved that the House agree to the Senate substi tute to HB 1444.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Adams.G Y Adams.M Y Aiken Alford 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 Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Brooks Y Brown.G Buck Y Burruss YByrd Y Carter Chambless Y Chance Y Cheeks Y Childers

Childs Y Clark,B Y Clark.L Y Colbert
Coleman Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Crosby
Y Cummings Daugherty Davis Dean
Y Dixon Dobbs
Y Dover
Y Dunn Y Edwards
Felton
Y Floyd Y Foster
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
Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y JohnsontF Y Johnson.R
Johnson,S Y Kilgore Y Kingston Y Lane,D
Y Lane.R Lawler Y Lawrence Y Lawson Y Lee.C Y Lee.W
Linder Logan YLong Lord
Lucas Y Lupton Y Maddox Y Mangum
Martin.C Y Martin,J Y Matthews
McDonald

On the motion, the ayes were 127, nays 0. The motion prevailed.

Y McKelvey McKinney
Milam Y Milford Y Moody
Y Moore Y Mortpn
Mostiler Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Y Patten Peters Pettit Phillips Pinkston
Y Porter Rainey Ramsey.T
Y Ramsey.V Y Randall Y Ransom YRay Y Reaves
Redding Richardson Y Robinson.C Y Robinson,? YRoss Y Royal Russell Y Selman

Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L
Y Smith.P Smith.T Smyre
YSnow Y Stancil
Steinberg Y Thomas.C
Thomas,M Y Thompson Y Townsend Y Triplet!
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 Y Workman Y Yeargin
Young Murphy,Spkr

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

2308

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 107, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto:
SB 400. By Senators Garner of the 30th, Harrison of the 37th and Tolleson of the 32nd: 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 for findings and a declaration of policy relative to emergency medical services systems; to provide for definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in this chapter.
Representative Pannell of the 122nd moved that the House insist on its position in amending SB 400.
The motion prevailed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker: The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:
HB 1933. By Representatives Thompson of the 20th and Lawler of the 20th: A bill to reincorporate and provide a new charter for the City of Austell in Cobb and Douglas counties.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 1933. By Representatives Thompson of the 20th and Lawler of the 20th: A bill to reincorporate and provide a new charter for the City of Austell in Cobb and Douglas counties.
The following Senate amendment was read:
Amend HB 1933 by adding after "veto." on line 29 on page 28 the following:
"The city council shall within 60 days after the effective date of this charter at a regu larly scheduled meeting fix the number of affirmative votes needed to override the mayor's veto. Such number shall be not less than four nor more than five. The selection by the council shall not be subject to veto by the mayor."
By striking from lines 30 and 31 on page 28 the following:
"an affirmative vote of at least five council members", and inserting in lieu thereof the following:

FRIDAY, MARCH 7, 1986

2309

"the number of votes as above provided".

Representative Thompson of the 20th moved that the House agree to the Senate amendment to HB 1933.
On the motion the ayes were 103, nays 0.
The motion prevailed.

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR FRIDAY, MARCH 7, 1986
Mr. Speaker and Members of the House:
Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 7, 1986, by adding the following:
HR 748 Teacher Education Study Commission: Create HR 852 Economic Devel. Through Hist. Preservation Study Comm.: Create HR 938 Rules of House: Amend 5 SR 376 Voluntary Silent Prayer, Etc: Urge US CA SR 334 Gov. Commission on Black on Black Crime: Create SR 340 NHTSA: Urge Amendment Of Miles Per Gal. Levels SR 438 Workers' Comp. Coverage Study Comm.: Create
Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, /a/ Lee of the 72nd
Chairman

The following Resolution of the House was read and adopted:

HR 942. By Representatives Lee of the 70th, Thomas of the 69th and Shepard of the 71st:
A resolution commending Dennis Wallace.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 410. By Senators Gillis of the 20th, English of the 21st and McGill of the 24th:
A bill to amend Article 3 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to commercial fishing and fish dealers, so as to provide for a resident and non-resident food fish dealer 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
Adama.G YAdams.M

Aiken
Alford Alien

Y Anderson
Y Argo Y Athon

Y Atkins
Y Auten Y Bailey

Balkcom
Bannister Y Bargeron

2310

JOURNAL OF THE HOUSE,

Y Barnett.B Y Barnelt.M YBeck Y Benefield Y Benn
Birdsong Bishop Y Bolster Bostick Y Branch Y Bray Brooks Brown.G
Buck Y Burruss YByrd Y Carter YChambless Y Chance Y Cheeks Y Childere YChilds Y Clark,B
Clark,L Y Colbert Y Coleman YColwell Y Connell Y Cooper
Copelan Y Couch YCoi YCrawford

Y Crosby Y Cummings
Daugherty Davis Dean Y Diion Y Dobbs Y Dover Dunn Edwards Felton Y Floyd Foster
YGaler Y Godbee Y Goodwin Y Greene Y Greer
Groover Y Hamilton
Manner Y Harris Y Hasty Y Hays Y Heard Y Hill YHolcomb Y Holmes Y Hooks
Home Y Hudson Ylsakson Y Jackson.J

JacksonJM 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
Under Y Logan Y Long Y Lord
Lucas Y Lupton Y Maddo* Y Mangum Y Martin.C Y Martin,J
Matthews Y McDonald Y McKelvey
McKinney Y Milam
Milford Y Moody
Moore

Y Morion Y Mostiler
Moultrie Y Mueller Y Oliver.C Y Padgett
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 Y Ransom Y Ray Y Reaves Y Redding Y Richardson
Robinson.C Y Robinson,? Y Ross Y Royal
Russell Y Selman
Shepard Y Sherrod Y Sinkfield

Y Sizemore Y Smith.L Y Smith,P
Smith.T Smyre Y Snow Y Stancil Steinberg Thomas.C Thomas.M Y Thompson Y Townsend Y Triplett
Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Watson Y Watts White 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 129, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 553. By Senator Stumbaugh of the 55th:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Anno tated, relating to the regulation of rule making, rates, and related organiza tions, so as to authorize agreements among insurers with respect to the equitable apportionment of certain property and casualty insurance risks; to require that such agreements apportioning property and casualty insurance risks be approved by the Commissioner of Insurance.

The following amendments were read and adopted:

The Committee on Insurance moves to amend SB 553 by striking line 8 of page 1 and inserting in lieu thereof the following:
"of Insurance; to authorize the Commissioner of Insurance to order the refund of por tions of premiums received from policyholders as the result of a violation of Chapter 9 of Title 33; to provide an effective date; to repeal".
By adding between lines 19 and 20 of page 2 a new Section 3 to read as follows:
"Section 3. Said chapter is further amended by striking paragraph (1) of Code Section 33-9-29, relating to the issuance of remedial orders by the Commissioner of Insurance generally, in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:
'(1) That any rate, rating plan, or rating system violates the applicable provisions of this chapter, he may issue an order to the insurer or rating organization which has been the subject of the hearing specifying in what respects the violation exists and stating when, within a reasonable period of time, the further use of the rate or rating system by the insurer or rating organization in contracts of insurance made thereafter

FRIDAY, MARCH 7, 1986

2311

shall be prohibited and may further order that the portion of premiums received from cerusr;r'"e.nt policyholders as a result of such violation shall be refunded to the policyhold-
By renumbering Sections 3 and 4 as Sections 4 and 5, respectively.

Representative Wood of the 9th moves to amend the House Committee on Insurance Amendment to SB 553 by striking from line 28 of page 1 the following:
"such violation",
and inserting in lieu thereof the following:
"the most recent rate increase at the time the notice of such hearing is issued".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams,M
Aiken Alford
Alien Y Anderson Y Argo Y Athon Y Atkins N Auten
Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M
YBeck Y Benefield
YBenn Birdsong
Bishop Y Bolster
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 Y Copelan Y Couch
YCox Y Crawford
Y Crosby Y Cummings
Daugherty Davis Dean Y Dixon YDobbs Y Dover Dunn
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 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 Y Lane.D Y Lane,R Y Lawler Y Lawrence Y Lawson YLee.C YLee,W
Linder YLogan
YLong YLord
Lucas Y Lupton Y Maddox
Mangum Y Martin.C Y Martin,J
Matthews Y McDonald

Y McKelvey McKinney
Y Milam
Y Milford Y Moody Y Moore Y Morton Y Mostiler
Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell
Y Parham Y Parrish
Patten Peters Y Pettit Phillips Y Pinkston Y Porter
Rainey YRamsey.T YRamsey.V
Y Randall Ransom
YRay Y Reaves
Y Redding Y Richardson
Robinson,C Y Robinson,P
Rosa Y Royal
Russell
Y Selman

Shepard Y Sherrod
Sinkfield Y Sizemore Y Smith,L
Y Smith,P Smith.T Smyre
YSnow Y Stancil
Steinberg
Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplett
Y Twiggs Y Waddle
Y Waldrep Walker.C
Y Walker,L
Y Wall Ware 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

On the passage of the Bill, as amended, the ayes were 136, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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

Mr. Speaker:

2312

JOURNAL OF THE HOUSE,

The Senate has disagreed to House substitute to the following Bill of the Senate:

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.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 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.

The following Committee substitute was read and adopted:

A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local govern ment, so as to authorize the joint purchase of insurance by municipalities and counties; to authorize joint self-insurance programs for municipalities and counties; to provide for definitions; to provide for contracts; to provide for interlocal risk management agencies and the powers, duties, and management thereof; to provide for plans and funds; to pro vide for the pooling of risks; to provide for records, practices, and procedures; to provide for rules and regulations; to provide for excess insurance; to provide for regulation of joint self-insurance programs by the Commissioner of Insurance; to provide for certificates of authority and applications for certificates of authority; to provide minimum surplus requirements; to provide limitations on investments; to provide for joint and several liabil ity in self-insurance programs; to provide requirements for administrators and contracts with administrators; to provide for revocation or suspension of certificates of authority; to provide for hearings; to provide for special assessments; to provide for exemptions from taxation; to provide for audits and periodic examinations; to provide for construction; to provide for all other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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) 'Administrator' means any person who administers a group self-insurance fund
other than the interlocal risk management agency. (2) 'Commissioner' means the Commissioner of Insurance. (3) 'County' means any county of the State of Georgia. Such term shall include
any public authority, commission, board, or similar agency which is created by local or general Act of the General Assembly and which carries out its functions on a county-wide basis or wholly within the unincorporated area of a county. The term

FRIDAY, MARCH 7, 1986

2313

shall also include any such body which is created or activated by a resolution or ordi nance of the governing body of the county individually or jointly with other political subdivisions of the state.
(4) 'Governing authority' means the body which exercises the legislative functions of the municipality or county.
(5) 'Group self-insurance fund' or 'fund' means a pool of public moneys established by an interlocal risk management agency from contributions of its members in order to pool the risks of public liability, motor vehicle liability, property damage, or any combination of such risks.
(6) 'Interlocal risk management agency' or 'agency' means an association formed by municipalities or counties by the execution of an intergovernmental contract for the development and administration of an interlocal risk management program and one or more group self-insurance funds.
(7) 'Interlocal risk management program' means a plan and activities carried out under such plan by an interlocal risk management agency to reduce risk of loss on account of public liability, motor vehicle liability, or property damage, including safety engineering and other loss prevention and control techniques, and to administer one or more group self-insurance funds, including the processing and defense of claims brought against members of the agency.
(8) 'Motor vehicle liability" means liability to which a municipality or county may be subject either directly or by reason of liability arising out of the use of a motor vehicle by its employee, agent, or officer in the course and scope of employment.
(9) 'Municipality' means a municipal corporation of the State of Georgia. Such term shall include any public authority, commission, board, or similar agency which is created by general or local Act of the General Assembly and which carries out its functions wholly or partly within the boundaries of the municipality. The term shall also include such bodies which are created or activated by an ordinance or resolution of the governing body of the municipality individually or jointly with other political subdivisions of the state.
(10) 'Property damage' means loss to which a municipality or county may be subject by reason of physical damage or destruction to real or personal property owned or leased by such municipality or county.
(11) 'Public liability' means liability for bodily injury, death, or damage to property owned by others to which a municipality or county may be subject either directly or by reason of liability arising out of an act of its employee, agent, or officer in the course and scope of employment.
36-85-2. (a) A group of municipalities or a group of counties may execute an inter governmental contract among themselves to form and become members of an interlocal risk management agency. After an interlocal risk management agency has been formed, any municipality or county may, subject to the bylaws and requirements of such agency, become a member and, through participation in the agency, may:
(1) Pool its public liability risks in whole or in part with those of other municipal ities or counties;
(2) Pool its motor vehicle liability risks in whole or in part with those of other municipalities or counties;
(3) Pool its property damage risks in whole or in part with those of other munici palities or counties; or
(4) Jointly purchase public liability, motor vehicle liability, or property damage insurance with other municipalities or counties participating in and belonging to the interlocal risk management agency, the participating municipalities or counties to be coinsured under a master policy or policies with the total premium apportioned among
such participants. (b) For the purposes of this chapter, municipalities and counties shall be deemed to constitute separate classes, and no member of any one such class shall join with a member of another class for the purpose of creating an interlocal risk management agency. There shall be only one interlocal risk management agency established for each class; provided, however, if the Commissioner determines that there are special or

2314

JOURNAL OF THE HOUSE,

unique circumstances or needs of a group of counties or municipalities which justify the establishment of an additional interlocal risk management agency or agencies, he may authorize the establishment of such additional agency or agencies. Each agency may establish such group self-insurance funds as may be authorized by the Commissioner of Insurance.
(c) All arrangements and agreements made under the authority of this chapter shall be in writing. A municipality or county may become a member of an interlocal risk man agement agency by the adoption of a resolution or ordinance by the governing authority of the municipality or county. The interlocal risk management agency shall operate under such name and style as shall be provided in the intergovernmental contract creat ing such agency and shall have the power to bring and defend actions in all courts.
(d) All books, records, and files maintained by any administrator of any fund estab lished by the agency, including but not limited to audit data and all active and inactive claim files, shall at all times be the sole property of the agency and shall be surrendered immediately to the agency upon demand.
36-85-3. Each intergovernmental contract establishing an intergovernmental risk management agency shall provide for a board of trustees which shall govern the agency. Such board shall be authorized to administer the agency in accordance with the provi sions of the intergovernmental contract establishing the agency and shall be authorized to adopt such bylaws, rules, and regulations as may be necessary or desirable in adminis tering such agency.
36-85-4. An interlocal risk management agency created pursuant to this chapter is not an insurance company or an insurer under Title 33, and the development and administration by such agency of one or more group self-insurance funds shall not con stitute doing business as an insurer.
36-85-5. (a) No interlocal risk management agency shall establish a group self-in surance fund or funds until such agency has been issued a certificate of authority by the Commissioner of Insurance as provided in this Code section and under such rules and regulations as the Commissioner may promulgate to assure compliance with this chapter.
(b) The Commissioner shall not be authorized to issue any certificate of authority pursuant to this Code section prior to April 30, 1987. Any application for a certificate of authority pursuant to this Code section which is filed prior to March 1, 1987, shall be updated by the applicant in order to comply with any statute, rule, or regulation which may be promulgated or enacted prior to the issuance of the certificate of author ity.
(c) When applying for a certificate of authority, an interlocal risk management agency shall file with the Commissioner an application setting forth:
(1) The name of the agency;
(2) The location of the agency's principal office;
(3) The names and addresses of the members of the agency;
(4) The names and addresses of the members of each fund;
(5) The name and address of a Georgia resident designated and appointed as each
fund's proposed registered agent for service of process in this state;
(6) The names and addresses of the members of the board of trustees of the
agency;
(7) A copy of the bylaws of the agency;
(8) A copy of the intergovernmental contract establishing the agency;
(9) A copy of the agreement or agreements establishing each fund;
(10) A copy of any agreements between the agency, any fund of the agency, and any
administrator of a fund;
(11) A statement of the financial condition of the agency and each fund of the
agency listing all of their assets and liabilities as of the end of the last preceding
month prior to the date of the application on such a form as may be prescribed by
the Commissioner;
(12) A copy of each contract, endorsement, and application form proposed to be
issued or used in connection with each fund. Such contracts, endorsements, applica
tions, or revisions thereto shall be filed with and approved by the Commissioner prior
to their use; and

FRIDAY, MARCH 7, 1986

2315

(13) A copy of the rates, rating systems, and rules proposed to be used in connec tion with each fund. Such rates, rating systems, rules, and any revisions thereto shall be filed with and approved by the Commissioner prior to their use. (d) A fund authorized by this chapter may be established by an agency only if the agency has enrolled members which:
(1) For each motor vehicle liability and public liability fund shall generate an annual gross premium of not less than $300,000.00;
(2) For each property damage fund shall generate an annual gross premium of not less than $200,000.00;
(3) For each fund which includes motor vehicle liability or public liability with property damage shall generate an annual gross premium of not less than $500,000.00; or
(4) For each fund which includes motor vehicle liability, public liability, and prop erty damage shall generate an annual gross premium of not less than $800,000.00. 36-85-6. (a) The Commissioner shall examine the application made under Code Section 36-85-5 to determine whether the agency and any established fund will be able to comply with this chapter and applicable rules and regulations. If the Commissioner finds that the agency and any established fund are capable of complying with such requirements, he shall issue a certificate of authority to the agency. (b) If the Commissioner refuses to issue a certificate of authority, he shall issue an order setting forth the reasons for refusal and forward it to the agency. A copy of the order shall be sent to each member of the fund. (c) Except as otherwise provided in subsection (b) of Code Section 36-85-5, the Commissioner shall approve or disapprove the application for a certificate of authority within 60 days of receipt by him of the application and all of the supporting information requested. (d) The Commissioner may refuse to issue or renew or may suspend or revoke the certificate of authority of any agency, in accordance with Code Section 36-85-12, for fail ure of the agency to comply with any provision of this chapter or with any of the rules, regulations, or orders of the Commissioner issued pursuant thereto. (e) The certificate shall be renewed annually in accordance with rules and regula tions promulgated by the Commissioner. 36-85-7. Each fund formed pursuant to this chapter shall possess and thereafter maintain minimum surplus in an amount such as the Commissioner may reasonably establish or subsequently require for the protection of the members. The Commissioner may authorize a fund to maintain a deposit with the Commissioner consisting of securi ties eligible for deposit by domestic insurance companies in accordance with Chapter 12 of Title 33 or, for a period not to exceed 60 months, to post a surety bond in lieu of maintaining the minimum surplus required by this Code section. 36-85-8. The investable assets of a fund may be invested in securities or other invest ments permitted by the laws of this state for the investment of assets constituting the legal reserves of property and casualty insurance companies or in such other securities or investments as the Commissioner may permit such insurers to invest their funds under Title 33. Such investments shall be subject to the same terms, conditions, and limitations which apply to property and casualty insurance companies under Title 33. 36-85-9. Each county or municipality shall be jointly and severally liable for all legal obligations of a fund which arise out of an event which occurred while such county or municipality was a member of such fund; provided, however, that a fund shall not assume a risk greater than an amount to be determined by the Commissioner; and pro vided, further, that this legal obligation may be enforced by an assessment against such member as provided in the bylaws of the agency. 36-85-10. (a) If an agency contracts with an administrator, the agency and the administrator must enter into a written agreement which shall be subject to review and approval by the Commissioner in accordance with this Code section and which shall con tain at least the following:
(1) A contractual provision obligating the administrator to obtain and maintain such bonds, deposits, or insurance coverage as may be required to be maintained by
this chapter; and

2316

JOURNAL OF THE HOUSE,

(2) A requirement that errors and omissions coverage or other appropriate liability insurance in an amount which is not less than that specified by the rules and regula tions of the Commissioner be maintained at all times by the administrator. (b) The terms of any such agreement shall be reasonable and equitable, and the agreement and any amendments thereto shall be filed with the Commissioner at least 30 days prior to their use. Any such agreement and any and all amendments thereto which have not been specifically disapproved by the Commissioner within 30 days after the filing thereof shall be deemed to be approved. (c) A copy of the agreement and any and all amendments thereto shall be furnished to each agency or fund member upon request. 36-85-11. (a) The Commissioner shall require each administrator to have and main tain a fidelity bond in an amount which the Commissioner deems appropriate but which is not less than $100,000.00. (b) Errors and omissions coverage or other appropriate liability insurance in an amount which is not less than that specified by the rules and regulations of the Commis sioner shall be maintained at all times by an administrator of a fund; and a certificate by the insurer or other appropriate evidence of such coverage shall be filed with the Commissioner by the fund. (c) Each administrator shall maintain an office in this state for the payment, proc essing, and adjustment of the claims of the fund or funds which it represents. 36-85-12. (a) The Commissioner may revoke, suspend, or refuse to issue or renew the certificate of authority of any agency when and if, after investigation, he finds that:
(1) Any certificate of authority issued to the agency was obtained by fraud: (2) There was any material misrepresentation in the application for the certificate of authority; (3) The agency, any fund established by the agency, the administrator of a fund, or any marketing representative has otherwise shown itself to be untrustworthy or incompetent; (4) The agency, any fund established by the agency, the administrator of a fund, or any marketing representative has violated any of the provisions of this chapter or the rules and regulations of the Commissioner promulgated pursuant to this chapter; (5) The agency, any fund established by the agency, or the administrator of a fund has misappropriated, converted, illegally withheld, or refused to pay over upon proper demand any moneys which belong to a member or a person otherwise entitled thereto and which have been entrusted to the agency, fund, or administrator in its fiduciary capacities; or (6) The agency or any fund established by the agency is found to be in an unsound condition or in such condition as to render its future transaction of business in this state hazardous to its members.
(b) Before the Commissioner shall revoke, suspend, or refuse to issue or renew the certificate of authority of any agency, he shall give the agency an opportunity to be fully heard and to introduce evidence in its behalf. In lieu of revoking, suspending, or refusing to issue or renew the certificate of authority of any agency for any of the causes enumer ated in this Code section, after hearing as provided in this Code section, the Commis sioner may place the fund and its administrator on probation for a period of time not to exceed one year when, in his judgment, he finds that the public interest and the interests of the fund's members would not be harmed by the continued operation of the fund. At any hearing provided for by this Code section, the Commissioner or his designee shall have authority to administer oaths to witnesses. Any witness testifying falsely after taking an oath commits the offense of perjury.
(c) No fund shall be voluntarily dissolved or otherwise voluntarily cease to function unless:
(1) Written approval is first obtained from the Commissioner; and
(2) The Commissioner determines that all claims and other legal obligations of the fund have been paid or that adequate provisions for such payment have been made.
36-85-13. Interlocal risk management agencies and funds established by such agen cies shall be exempt from state and local taxes and fees.

FRIDAY, MARCH 7, 1986

2317

36-85-14. The Commissioner shall have the authority to require and conduct periodic examinations to verify the solvency of funds in the same manner and under the same conditions as insurers are examined under Chapter 2 of Title 33.
36-85-15. (a) If the assets of a fund are at any time insufficient to enable a fund to discharge its legal liabilities and other obligations and to maintain the reserves and surplus required of it under this chapter, the agency shall forthwith make up the defi ciency or levy an assessment upon the members of the fund for the amount needed to make up the deficiency.
(b) If the agency fails to make up the deficiency or to make the required assessment of the fund members within 30 days after the Commissioner orders it to do so or if the deficiency is not fully made up within 60 days after the date on which any such assess ment is made or within such longer period of time as may be specified by the Commis sioner, the fund shall be deemed to be insolvent and shall be proceeded against in the same manner as are domestic insurers under Chapter 37 of Title 33; and the Commis sioner shall have the same powers and limitations in such proceedings as are provided under that chapter, except as otherwise provided for in this chapter.
(c) If the liquidation of a fund is ordered, an assessment shall be levied upon its members for such an amount as the Commissioner determines to be necessary to dis charge all liabilities of the fund, including the reasonable costs of liquidation.
36-85-16. The Commissioner shall have authority to promulgate rules and regulations to effectuate the provisions of this chapter.
36-85-17. Any party which is aggrieved by any act, determination, order, or any other action of the Commissioner taken pursuant to this chapter may request a hearing before the Commissioner or otherwise proceed in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
36-85-18. An interlocal risk management agency shall maintain at all times a contract or contracts of specific excess insurance and aggregate excess insurance in amounts which shall be determined by the Commissioner.
36-85-19. Each fund established under this chapter shall have an annual audit of its books and accounts performed by a certified public accountant. Such audit shall be con ducted in accordance with generally accepted accounting principles. A copy of such audit shall be made available to fund members.
36-85-20. The exercise by a municipality or county of the authority provided in this chapter shall not constitute the provision of liability insurance protection under Article I, Section II, Paragraph IX of the Constitution of the State of Georgia."
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 Aiken
Y Alford Alien Anderson
N 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 Y Bishop
Y 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

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
Dean 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
Hanner Y Harris Y Hasty Y Hays

Y Heard N Hill
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
Kingston Y Lane.D

2318

JOURNAL OF THE HOUSE,

Y Lane.R Y Lawler Y Lawrence YLawson Y Lee.C Y Lee.W
Under Logan Y Long Y Lord Y Lucas Lupton YMaddoi Y Mangum Martin.C YMartin.J Y Matthews Y McDonald

Y McKelvey McKinney
Y Milam N Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller YOliver.C Y Padgett Y Pannell Y Parham
Fairish Y 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
Redding Y Richardson
Robinson.C Y Robinson.P Y Rose 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 Snow Y Stancil Y Steinberg
Thomas.C Y Thomas.M Y Thompson N Townsend Y Triplett N Twiggs Y Waddle

Y Waldrep Walker.C
Y Walker,L Y Wall
Ware Y Watson
Watts Y 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 144, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Thomas of the 69th stated that he had been called from the floor of the House during the preceding roll call. He wished to vote "aye" thereon.

Due to a possible conflict of interest, Representative Kingston of the 125th was excused from voting on the passage of SB 369, by substitute.

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.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to authorize the joint purchase of insurance by boards of education of county and independent school systems; to authorize joint self-insurance programs for boards of education and school systems; to provide for definitions; to provide for contracts; to provide for interlocal risk management agencies and the powers, duties, and management thereof; to provide for plans and funds; to pro vide for the pooling of risks; to provide for records, practices, and procedures; to provide for rules and regulations; to provide for excess insurance; to provide for regulation of joint self-insurance programs by the Commissioner of Insurance; to provide for certificates of authority and applications for certificates of authority; to provide minimum surplus requirements; to provide limitations on investments; to provide for joint and several liabil ity in self-insurance programs; to provide requirements for administrators and contracts with administrators; to provide for revocation or suspension of certificates of authority; to provide for hearings; to provide for special assessments; to provide exemptions from taxa tion; to provide for audits and periodic examinations; to provide for construction; to pro vide for all other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 7, 1986

2319

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by adding at the end thereof a new Article 28 to read as follows:
"ARTICLE 28
20-2-2001. As used in this article, the term: (1) 'Administrator' means any person who administers a group self-insurance fund
other than the interlocal risk management agency. (2) 'Board of education' or 'board' means a public board of education of any
county or of any independent school system of this state. (3) 'Commissioner' means the Commissioner of Insurance. (4) 'Group self-insurance fund' or 'fund' means a pool of public moneys established
by an interlocal risk management agency from contributions of its members in order to pool the risks of public liability, motor vehicle liability, property damage, or any combination of such risks.
(5) 'Interlocal risk management agency' or 'agency' means an association formed by boards of education by the execution of an intergovernmental contract for the development and administration of an interlocal risk management program and one or more group self-insurance funds.
(6) 'Interlocal risk management program' means a plan and activities carried out under such plan by an interlocal risk management agency to reduce risk of loss on account of public liability, motor vehicle liability, or property damage, including safety engineering and other loss prevention and control techniques, and to administer one or more group self-insurance funds, including the processing and defense of claims brought against members of the agency.
(7) 'Motor vehicle liability' means liability to which a board of education or school system may be subject either directly or by reason of liability arising out of the use of a motor vehicle by its employee, agent, or officer in the course and scope of employment.
(8) 'Property damage' means loss to which a board of education or school system may be subject by reason of physical damage or destruction to real or personal prop erty owned or leased by such board of education or school system.
(9) 'Public liability' means liability for bodily injury, death, or damage to property owned by others to which a board of education or school system may be subject either directly or by reason of liability arising out of an act of its employee, agent, or officer in the course and scope of employment.
(10) 'School system' means any county school system or any independent school system of any municipality of this state. 20-2-2002. (a) A group of boards of education may execute an intergovernmental contract among themselves to form and become members of an interlocal risk manage ment agency. After an interlocal risk management agency has been formed, any board of education may, subject to the bylaws and requirements of such agency, become a member and, through participation in the agency, may:
(1) Pool its public liability risks in whole or in part with those of other boards of education;
(2) Pool its motor vehicle liability risks in whole or in part with those of other boards of education;
(3) Pool its property damage risks in whole or in part with those of other boards of education; or
(4) Jointly purchase public liability, motor vehicle liability, or property damage insurance with other boards of education participating in and belonging to the interlocal risk management agency, the participating boards of education to be coinsured under a master policy or policies with the total premium apportioned among such participants. (b) There shall be only one interlocal risk management agency established for boards of education; provided, however, if the Commissioner determines that there are special

2320

JOURNAL OF THE HOUSE,

or unique circumstances or special needs of groups of boards of education which justify the establishment of an additional interlocal risk management agency or agencies, he may authorize the establishment of such additional agency or agencies. Each agency may establish such group self-insurance funds as may be authorized by the Commissioner of Insurance.
(c) All arrangements and agreements made under the authority of this article shall be in writing. A board of education may become a member of an interlocal risk manage ment agency by the adoption of a resolution by the board of education. The interlocal risk management agency shall operate under such name and style as shall be provided in the intergovernmental contract creating such agency and shall have the power to bring and defend actions in all courts.
(d) All books, records, and files maintained by any administrator of any fund estab lished by the agency, including but not limited to audit data and all active and inactive claim files, shall at all times be the sole property of the agency and shall be surrendered immediately to the agency upon demand.
20-2-2003. Each intergovernmental contract establishing an intergovernmental risk management agency shall provide for a board of trustees which shall govern the agency. Such board shall be authorized to administer the agency in accordance with the provi sions of the intergovernmental contract establishing the agency and shall be authorized to adopt such bylaws, rules, and regulations as may be necessary or desirable in adminis tering such agency.
20-2-2004. An interlocal risk management agency created pursuant to this article is not an insurance company or an insurer under Title 33, and the development and administration by such agency of one or more group self-insurance funds shall not con stitute doing business as an insurer.
20-2-2005. (a) No interlocal risk management agency shall establish a group self-in surance fund or funds until such agency has been issued a certificate of authority by the Commissioner of Insurance as provided in this Code section and under such rules and regulations as the Commissioner may promulgate to assure compliance with this article.
(b) The Commissioner shall not be authorized to issue any certificate of authority pursuant to this Code section prior to April 30, 1987. Any application for a certificate of authority pursuant to this Code section which is filed prior to March 1, 1987, shall be updated by the applicant in order to comply with any statute, rule, or regulation which may be promulgated or enacted prior to the issuance of the certificate of author ity.
(c) When applying for a certificate of authority, an interlocal risk management agency shall file with the Commissioner an application setting forth:
(1) The name of the agency;
(2) The location of the agency's principal office; (3) The names and addresses of the members of the agency;
(4) The names and addresses of the members of each fund; (5) The name and address of a Georgia resident designated and appointed as each
fund's proposed registered agent for service of process in this state; (6) The names and addresses of the members of the board of trustees of the
agency;
(7) A copy of the bylaws of the agency; (8) A copy of the intergovernmental contract establishing the agency; (9) A copy of the agreement or agreements establishing each fund;
(10) A copy of any agreements between the agency, any fund of the agency, and any administrator of a fund;
(11) A statement of the financial condition of the agency and each fund of the agency listing all of their assets and liabilities as of the end of the last preceding
month prior to the date of the application on such a form as may be prescribed by the Commissioner;
(12) A copy of each contract, endorsement, and application form proposed to be
issued or used in connection with each fund. Such contracts, endorsements, applica tions, or revisions thereto shall be filed with and approved by the Commissioner prior
to their use; and

FRIDAY, MARCH 7, 1986

2321

(13) A copy of the rates, rating systems, and rates proposed to be used in connec tion with each fund. Such rates, rating systems, rules, and any revision thereto shall be filed with and approved by the Commissioner prior to their use. (c) A fund authorized by this article may be established by an agency only if the agency has enrolled members which:
(1) For each motor vehicle liability and public liability fund shall generate an annual gross premium of not less than $300,000.00;
(2) For each property damage fund shall generate an annual gross premium of not less than $200,000.00;
(3) For each fund which includes motor vehicle liability or public liability with property damage shall generate an annual gross premium of not less than $500,000.00; or
(4) For each fund which includes motor vehicle liability, public liability, and prop erty damage shall generate an annual gross premium of not less than $800,000.00. 20-2-2006. (a) The Commissioner shall examine the application made under Code Section 20-2-2005 to determine whether the agency and any established fund will be able to comply with this article and applicable rules and regulations. If the Commis sioner finds that the agency and any established fund are capable of complying with such requirements, he shall issue a certificate of authority to the agency. (b) If the Commissioner refuses to issue a certificate of authority, he shall issue an order setting forth the reasons for refusal and forward it to the agency. A copy of the order shall be sent to each member of the fund.
(c) Except as otherwise provided in subsection (b) of Code Section 20-2-2005, the Commissioner shall approve or disapprove the application for a certificate of authority
within 60 days of receipt by him of the application and all of the supporting information requested.
(d) The Commissioner may refuse to issue or renew or may suspend or revoke the certificate of authority of any agency, in accordance with Code Section 20-2-2012, for failure of the agency to comply with any provision of this article or with any of the
rules, regulations, or orders of the Commissioner issued pursuant thereto. (e) The certificate shall be renewed annually in accordance with rules and regula
tions promulgated by the Commissioner.
20-2-2007. Each fund formed pursuant to this article shall possess and thereafter maintain minimum surplus in an amount such as the Commissioner may reasonably
establish or subsequently require for the protection of the members. The Commissioner may authorize a fund to maintain a deposit consisting of securities eligible for deposit
by domestic insurance companies in accordance with Chapter 12 of Title 33 or, for a period not to exceed 60 months, to post a surety bond in lieu of maintaining the mini mum surplus required by this Code section.
20-2-2008. The investable assets of a fund may be invested in securities or other
investments permitted by the laws of this state for the investment of assets constituting the legal reserves of property and casualty insurance companies or in such other securi ties or investments as the Commissioner may permit such insurers to invest their funds
under Title 33. Such investments shall be subject to the same terms, conditions, and limitations which apply to property and casualty insurance companies under Title 33.
20-2-2009. Each board of education shall be jointly and severally liable for all legal obligations of a fund which arise out of an event which occurred while such board was
a member of such fund; provided, however, that a fund shall not assume a risk greater than an amount to be determined by the Commissioner; and provided, further, that this
legal obligation may be enforced by an assessment against such member as provided in the bylaws of the agency.
20-2-2010. (a) If an agency contracts with an administrator, the agency and the administrator must enter into a written agreement which shall be subject to review and
approval by the Commissioner in accordance with this Code section and which shall con tain at least the following:
(1) A contractual provision obligating the administrator to obtain and maintain such bonds, deposits, or insurance coverage as may be required to be maintained by this article; and

2322

JOURNAL OF THE HOUSE,

(2) A requirement that errors and omissions coverage or other appropriate liability insurance in an amount which is not less than that specified by the rules and regula tions of the Commissioner be maintained at all times by the administrator. (b) The terms of any such agreement shall be reasonable and equitable, and the agreement and any amendments thereto shall be filed with the Commissioner at least 30 days prior to their use. Any such agreement and any and all amendments thereto which have not been specifically disapproved by the Commissioner within 30 days after the filing thereof shall be deemed to be approved. (c) A copy of the agreement and any and all amendments thereto shall be furnished to each agency or fund member upon request. 20-2-2011. (a) The Commissioner shall require each administrator to have and maintain a fidelity bond in an amount which the Commissioner deems appropriate but which is not less than $100,000.00. (b) Errors and omissions coverage or other appropriate liability insurance in an amount which is not less than that specified by the rules and regulations of the Commis sioner shall be maintained at all times by an administrator of a fund; and a certificate by the insurer or other appropriate evidence of such coverage shall be filed with the Commissioner by the fund. (c) Each administrator shall maintain an office in this state for the payment, proc essing, and adjustment of the claims of the fund or funds which it represents. 20-2-2012. (a) The Commissioner may revoke, suspend, or refuse to issue or renew the certificate of authority of any agency when and if, after investigation, he finds that:
(1) Any certificate of authority issued to the agency was obtained by fraud: (2) There was any material misrepresentation in the application for the certificate of authority; (3) The agency, any fund established by the agency, the administrator of a fund, or any marketing representative has otherwise shown itself to be untrustworthy or incompetent; (4) The agency, any fund established by the agency, the administrator of a fund, or any marketing representative has violated any of the provisions of this article or the rules and regulations of the Commissioner promulgated pursuant to this article; (5) The agency, any fund established by the agency, or the administrator of a fund has misappropriated, converted, illegally withheld, or refused to pay over upon proper demand any moneys which belong to a member or a person otherwise entitled thereto and which have been entrusted to the agency, fund, or administrator in its fiduciary capacities; or
(6) The agency or any fund established by the agency is found to be in an unsound condition or in such condition as to render its future transaction of business in this state hazardous to its members.
(b) Before the Commissioner shall revoke, suspend, or refuse to issue or renew the certificate of authority of any agency, he shall give the agency an opportunity to be fully heard and to introduce evidence in its behalf. In lieu of revoking, suspending, or refusing to issue or renew the certificate of authority of any agency for any of the causes enumer ated in this Code section, after hearing as provided in this Code section, the Commis sioner may place the fund and its administrator on probation for a period of time not to exceed one year when, in his judgment, he finds that the public interest and the interests of the fund's members would not be harmed by the continued operation of the fund. At any hearing provided for by this Code section, the Commissioner or his designee shall have authority to administer oaths to witnesses. Any witness testifying falsely after taking an oath commits the offense of perjury.
(c) No fund shall be voluntarily dissolved or otherwise voluntarily cease to function unless:
(1) Written approval is first obtained from the Commissioner; and
(2) The Commissioner determines that all claims and other legal obligations of the fund have been paid or that adequate provisions for such payment have been made.
20-2-2013. Interlocal risk management agencies and funds established by such agen cies shall be exempt from state and local taxes and fees.

FRIDAY, MARCH 7, 1986

2323

20-2-2014. The Commissioner shall have the authority to require and conduct peri odic examinations to verify the solvency of funds in the same manner and under the same conditions as insurers are examined under Chapter 2 of Title 33.
20-2-2015. (a) If the assets of a fund are at any time insufficient to enable a fund to discharge its legal liabilities and other obligations and to maintain the reserves and surplus required of it under this article, the agency shall forthwith make up the defi ciency or levy an assessment upon the members of the fund for the amount needed to make up the deficiency.
(b) If the agency fails to make up the deficiency or to make the required assessment of the fund members within 30 days after the Commissioner orders it to do so or if the deficiency is not fully made up within 60 days after the date on which any such assess ment is made or within such longer period of time as may be specified by the Commis sioner, the fund shall be deemed to be insolvent and shall be proceeded against in the same manner as are domestic insurers under Chapter 37 of Title 33; and the Commis sioner shall have the same powers and limitations in such proceedings as are provided under that chapter, except as otherwise provided for in this article.
(c) If the liquidation of a fund is ordered, an assessment shall be levied upon its members for such an amount as the Commissioner determines to be necessary to dis charge all liabilities of the fund, including the reasonable costs of liquidation.
20-2-2016. The Commissioner shall have authority to promulgate rules and regula tions to effectuate the provisions of this article.
20-2-2017. Any party which is aggrieved by any act, determination, order, or any other action of the Commissioner taken pursuant to this article may request a hearing before the Commissioner or otherwise proceed in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
20-2-2018. An interlocal risk management agency shall maintain at all times a con tract or contracts of specific excess insurance and aggregate excess insurance in amounts which shall be determined by the Commissioner.
20-2-2019. Each fund established under this article shall have an annual audit of its books and accounts performed by a certified public accountant. Such audit shall be con ducted in accordance with generally accepted accounting principles. A copy of such audit shall be made available to fund members.
20-2-2020. The exercise by a board of education of the authority provided in this article shall not constitute the provision of liability insurance protection under Article I, Section II, Paragraph IX of the Constitution of the State of Georgia."
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
Alien Y Anderson N Argo Y Athon Y Atkins Y Auten
Y Bailey Y Balkcom
Y Bannister Y Bargeron YBarnett.B Y Barnett.M Y Beck

Y Benefield Benn Birdsong
Y Bishop Y 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

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 Dean
Y Dixon

N Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Greene
Greer Y Groover
Hamilton Hanner Y Harris Y Hasty Y Hays

Y Heard N Hill 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
Kingston Y Lane.D

2324

JOURNAL OF THE HOUSE,

Y Lane.R Y Lawler Y Lawrence Y Lawson YLee.C YLee,W
Linder Logan YLong YLord Y Lucas
Lupton Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald

Y McKelvey McKinney
Y Milam N Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie 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
Reaves Y Redding Y Richardson
Robinson,C Y Robinson,P YRoss
Y Royal Y Russell Y Selman

Y Shepard Y Sherrod Y Sinkfleld Y Sizemore Y Smith.L Y Smith,P Y Smith.T YSmyre YSnow 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 Y Wall
Ware Y Watson Y Watts Y 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, by substitute, the ayes were 145, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Due to a possible conflict of interest, Representative Kingston of the 125th was excused from voting on the passage of SB 440, 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 Committee of Conference thereon:

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.

Representative Connell of the 87th moved that the first Committee of Conference 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 Lee of the 72nd, Walker of the 115th and Connell of the 87th.

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

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.

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

FRIDAY, MARCH 7, 1986

2325

COMMITTEE OF CONFERENCE REPORT ON HB 1550

The Committee of Conference on HB 1550 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of
Conference Substitute to HB 1550 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
/s/ Floyd Hudgins Senator, 15th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ William J. Lee Representative, 72nd District
/s/ Larry Walker Representative, 115th District

/s/ Gene Walker Senator, 43rd District

/s/ Jack Connell Representative, 87th District

A BILL
To amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change the salary of the state auditor; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, is amended by striking para graph (6) of subsection (a) in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) State auditor............................................................................. 58,000.00 60,000.00".
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Connell of the 87th moved that the House adopt the report of the second Committee of Conference on HB 1550.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G Adams.M
Y Aiken Y Alford
Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey
Balkcom N Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck
Y Benefield YBenn
Birdsong Y Bishop
Bolster Y Bostick
Branch Bray

Y Brooks Brown.G
Y Buck Y Burruss YByrd Y Carter
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 YCox
Y Crawford Crosby
Y Cummings Daugherty Davis

Dean Y Dixon Y Dobbs Y Dover
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 Y Hasty YHays Y Heard YHill Y Holcomb
Holmes Y Hooks
Home

Y Hudson
Y Isakson Y Jackson,.! 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 Under
Y Logan YLong YLord
Lucas Lupton
Y Maddox Mangum

Y Martin.C Y Martin,J Y Matthews
McDonald N 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
Parrish Patten Y Peters Y Pettit Y Phillips Pinkston Y Porter Y Rainey

2326

JOURNAL OF THE HOUSE,

YRamsey.T YRamsey.V
Randall N Ransom Y Ray Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,P

Y Roes Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith,P

Smith.T Y Smyre Y Snow Y Stancil
Steinberg Y Thomas.C Y Thomas.M Y Thompson
Townsend Y Triplett

Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker,L N Wall
Ware Y Watson Y Watts
White

Wilder Y Williams,B
Williams,,) Williams.R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy,Spkr

On the motion, the ayes were 134, nays 4. The motion prevailed.

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

Mr. Speaker: The Senate insists on its amendment to the following Resolution of the House:

HR 689. By Representative Kingston of the 125th: A resolution compensating Mr. M. C. Nettles.

The Speaker Pro Tern assumed the Chair.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

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."

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
Alford Alien Y Anderson
Y Argo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron YBarnett,B YBarnett,M YBeck
Benefield YBenn

Birdsong
Y Bishop Y Bolster Y Bostick Y Branch Y Bray Y Brooks
Y Brown.G Y Buck
Burruss Byrd Y Carter Chambless Chance Y Cheeks Y Childers Y Childs YClark,B
Y Clark,L Y Colbert

Y Coleman
Colwell Connell Y Cooper Y Copelan Y Couch Y Cox
Crawford Crosby Y Cummings Daugherty Y Davis Y Dean Y Diion Y Dobbs Y Dover Dunn Edwards
Y Felton Y Floyd

Y Foster
Y Galer God bee
Y Goodwin Y Greene Y Greer
Groover
Y Hamilton Hanner
Y Harris Y Hasty Y Hays Y Heard Y Hill Y Holcomb
Holmes Y Hooks
Home
Y Hudson Y Isakson

Y Jackson.J
Y Jackson.N Y Jamieson Y Johnson,D Y Johnson,?
Johnson.R Y Johnson,S
Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C
Lee.W Y Under Y Logan
Y Long Y Lord

FRIDAY, MARCH 7, 1986

2327

Lucas Lupton Y Maddox Y Mangum Y Martin.C 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
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

Y Randall Y Ransom
Ray Y Reaves Y Redding
Richardson Robinson.C Y Robinson,P YRoss Y Royal Russell Y Selman Y Shepard Y Sherrod Y Sinkfield Y Sizemore

Smith,L Y Smith.P Y Smith.T YSmyre
Snow Y Stancil
Stein berg Thomas.C Y Thomas.M Y Thompson Townsend Y Triplett
Twiggs Y Waddle Y Waldrep
Walker.C

Y Walker.L Y Wall
Ware Y Watson Y Watts
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 132, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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; and for other purposes.
WHEREAS, although education remains a primary focus of the work of the General Assembly, it is for those persons who do not avail themselves of the opportunities for edu cation that the state must later expend its resources through unemployment compensation, the job training partnership program, AFDC payments, food stamps, and other programs; and
WHEREAS, Georgia is presently ranked forty-sixth in the nation in the number of students completing high school and, further, the National Center for Education Statistics shows that 34 percent of the ninth graders in our state will not complete high school; and
WHEREAS, some counties of this state have reported an astonishing dropout rate of nearly 50 percent of the students; and
WHEREAS, if a thorough study of this problem were made and successful recom mendations implemented by legislation, the State of Georgia would save countless millions in expenditures for remedial and assistance programs and would assure many of its citi zens a better quality of life.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the Study Committee on High School Dropouts to be com posed of five members of the House of Representatives to be appointed by the Speaker. The Speaker shall appoint one member as chairman. The committee shall meet upon the call of the chairman.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the problems mentioned above and any other problems related thereto and recommend neces sary steps needed to be undertaken to alleviate any such problems. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of government. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, no later than December 15, 1986, at which time the committee shall stand abolished.

2328

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Aaron Adams,G
Y Adams.M Aiken Alford Alien
Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett.B
Y Barnett.M YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bolster
Bos tick Y Branch YBray Y Brooks Y Brown.G YBuck
Burruss Byrd Y Carter Chambless Chance Y Cheeks Y Childers

Y Childs Y Clark.B Y Clark.L Y Colbert Y Coleman Y Colwell
Connell Y Cooper Y Copelan Y Couch Y Cox
Crawford
Y Crosby Y Cummings Y Daugherty Y Davis YDean Y Dixon Y Dobbs Y Dover
Dunn Edwards Y Felton Y Floyd Y Foster Y Galer Godbee Y Goodwin Y Greene Y 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
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 Linder Y Logan YLong YLord
Y Lucas Y Lupton
Y Maddox Y Mangum Y Martin.C
Martin,J Matthews McDonald

Y McKelvey McKinney Milam
Y Milford Y Moody Y Moore YMorton 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 Y Ramsey.T Y Ramsey.V Y Randall Y Ransom Ray Y Reaves Y Redding Y Richardson Y Robinson.C Robinson.P YRoss Y Royal Russell Y Selman

Y Shepard Y Sherrod Y Sinkfield Y Sizemore
Smith,L Y Smith.P Y Smith.T
Y Smyre Snow
Y Stancil Steinberg
Y Thomas.C Y Thomas.M Y Thompson
Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams,J Williams.R Wilson Y Wood Workman Y Yeargin Y Young Murphy,Spkr

On the adoption of the Resolution, the ayes were 137, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

SB 490. 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 additional clerks who do not have to be electors of the county in which employed and who may be appointed as deputy registrars for the purpose of registering voters in the county shall be authorized to perform other duties as may be required.

The following Committee substitute was read and adopted:

A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that additional clerks who do not have to be electors of the county in which employed and who may be appointed as deputy registrars for the purpose of regis tering voters in the county shall be authorized to perform other duties as may be required; to provide that blank registration cards shall be numbered and shall have a correspond ingly numbered, detachable receipt which shall be issued to the applicant for voter regis tration at the time such registration card has been completed by the applicant; to provide that such receipt shall be signed by the registrar or deputy registrar taking the application

FRIDAY, MARCH 7, 1986

2329

and shall indicate the location of registration; to change the provisions relating to the place where completed registration cards and other papers may be kept; to change the provisions relating to the location of the main office of the board of registrars; to change the provisions relating to the procedures connected with the return of completed registra tion cards from permanent additional voter registration places to the main office; to change the provisions relating to preparation and filing of list of voters who have died or appear to be disqualified by reason of criminal conviction or insanity; to provide for the probate judge to perform certain duties; to change certain terms so that the Georgia Elec tion Code will conform to provisions in the Constitution relating to elections and voters; to change the provisions relating to making application for absentee ballot in connection with elections generally; to authorize a grandparent or certain other persons to make appli cation for an absentee ballot on behalf of an elector residing temporarily out of the county or a physically disabled elector residing within the county in connection with elections generally; to change the provisions relating to delivery of absentee ballots on behalf of physically disabled electors in connection with elections generally; to authorize a grand parent to assist a physically disabled or illiterate elector in preparing his ballot in connec tion with elections generally; to change the provisions relating to the place where completed registration cards and other papers may be kept by municipal registrars; to change the provisions relating to the location of the main office of the municipal registrars; to provide for blank registration cards and completed registration cards to be kept in spe cific places in connection with municipal elections; to provide for the return of completed registration cards from permanent additional voter registration places to the main office of the municipal registrars; to change certain provisions relating to purging the list of elec tors by municipalities maintaining their own registration system; to change certain terms and duties of officers so that the Georgia Municipal Election Code will conform to provi sions of the Constitution and the Georgia Election Code relating to elections and voters; to change the provisions relating to making application for absentee ballot in connection with municipal elections; to authorize a grandparent or certain other persons to make application for an absentee ballot on behalf of an elector residing temporarily out of the county or a physically disabled elector residing within the county in connection with municipal elections; to change the provisions relating to delivery of absentee ballots on behalf of physically disabled electors in connection with municipal elections; to authorize a grandparent to assist a physically disabled or illiterate elector in preparing his ballot in connection with municipal elections; 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 in its entirety paragraph (2) of subsection (a) of Code Section 21-2-212, relating to the appointment of deputy registrars, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Registrars may hire clerical help to assist them in their duties if the compen sation required therefor has been first approved by the governing authority of the county. Such additional clerks shall be eligible to be appointed as deputy registrars for the purpose of registering voters in the county and performing other duties as may be required, but it shall not be necessary for such clerks to be electors of the county in which employed."
Section 2. Said title is further amended by adding a new subsection at the end of Code Section 21-2-217, relating to the form of registration cards, to be designated subsec tion (g) to read as follows:
"(g) Each blank registration card shall be numbered and shall have a correspond ingly numbered, detachable receipt which shall be issued to the applicant for voter regis tration at the time such registration card has been completed by such applicant. Such receipt shall be signed by the registrar or deputy registrar taking the application and shall indicate the location of registration."

2330

JOURNAL OF THE HOUSE,

Section 3. Said title is further amended by striking in their entirety subsections (a) and (b) of Code Section 21-2-218, relating to the main office of board of registrars, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) In those counties where the registrars have a main office separate from the office of the tax collector or tax commissioner, the registrars shall keep the completed registration cards and their other papers in such office which shall be in the courthouse or other public building. If no such office exists, the registrars shall keep the completed registration cards and their other papers:
(1) In the office of the tax collector or the tax commissioner ; and such office shall be deemed the main office of the board of registrarsj or T
(2) In the office of the designated chief deputy registrar or other office designated by the board of registrars which is accessible at all times during normal working hours, and such office shall be deemed the main office of the board of registrars, (b) For the purpose of taking applications for registration and for the purpose of registering electors, such number of registrars or deputy registrars as shall be 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. 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, the chief registrar in each even-numbered year shall designate and staff, on a full or part-time basis, additional voter registration places within the county at least six months prior to the voter registration deadline for the 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 transmitted to the main office as expeditiously as possible by a registrar or deputy regis trar or by United States mail. In no event shall the completed registration cards be temporarily retained beyond the end of the next business day."
Section 4. Said title is further amended by striking Code Section 21-2-232 in its entirety and inserting in lieu thereof a new Code Section 21-2-232 to read as follows:
"21-2-232. The clerk of the superior court of each county shall, on or before the tenth day of each month, prepare and file with the registrars a complete list, alphabeti cally arranged with their addresses and ages, of persons residing in the county who appear to be disqualified from voting by reason of having been convicted of a crime during the preceding month, the penalty of which is disfranchisement, unless such person has been pardoned and the right of suffrage restored to him. The superintendent probate judge of each county shall, by such date, file a similar list of all persons residing in the county who appear to be disqualified from voting by reason of an adjudication of idiocy or insanity mental incompetency during the preceding month. The local regis trar of vital statistics of each county shall, by such date, file a similar list of those per sons who have died during the preceding month. Each such list shall contain such other information as may be necessary to facilitate identification of persons having the same or similar names."
Section 5. Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 21-2-381, relating to making of application for absentee bal lot, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Not more than 120 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by

FRIDAY, MARCH 7, 1986

2331

mail or in person in the registrar's office, an application to the board of registrars of the county of the elector's residence, for an official ballot of the elector's precinct to be voted at such primary, election, or runoff. In the case of an elector residing temporarily out of the county or a physically disabled elector residing within the county, the applica tion for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by his mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daugh ter, mother-in-law, father-in-law, brother-in-law, or sister-in-law, of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elec tor. Ne Except in the case of physically disabled electors residing in the county, no absentee ballot shall be mailed to an address other than the permanent or temporary out-of-county address of the elector. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign his own application because of illiteracy or physical disability, the elector shall make his mark, and the person filling in the rest of the application shall sign his name below it as a witness; provided, however, that one timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the sending or delivery^ to an eligible absentee elector who lives outside the county in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States2 or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member or overseas citizen; an absentee ballot for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates. Further, such application for an absentee ballot to be used in any election shall be sufficient to require the sending and delivery of an absentee ballot for any runoffs resulting from such election. In any event, a separate and distinct application for an absentee ballot shall be required for the presidential preference primary held pur suant to Article 5 of this chapter and for any special election or special primary."
Section 6. Said title is further amended by striking Code Section 21-2-385 in its entirety and inserting in lieu thereof a new Code Section 21-2-385 to read as follows:
"21-2-385. (a) At any time after receiving an official absentee ballot, but before the day of the primary or election, except electors who are confined to a hospital on the day of the primary or election, the elector shall vote his absentee ballot, then fold the ballot and enclose and securely seal the same in the envelope on which is printed 'Official Absentee Ballot.' This envelope shall then be placed in the second one, on which is printed the form of the oath of the elector, the name, relationship, and oath of the person assisting^ (tf any) if any, and other required identifying information. The elector shall then fill out, subscribe, and swear to the oath printed on such envelope. Such enve lope shall then be securely sealed and the elector shall then mail or personally deliver same to the board of registrars, provided that delivery by a physically disabled elector may be made by any adult upon satisfactory proof that such adult is such elector's mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, motherin-law, father-in-law, brother-in-law, sister-in-law, or an individual residing in the house hold of such disabled elector. An elector who is confined to a hospital on a primary or election day to whom an absentee ballot is delivered by the registrar shall then and there vote the ballot, seal it properly, and return it to the registrar.
(b) A physically disabled or illiterate elector may receive assistance in preparing his ballot from one of the following: any elector who is qualified to vote in the same county as the disabled elector or the mother, father, grandparent, brother, sister, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the elector. If the disabled elector is sojourning outside his own county, a notary public of the jurisdic tion may give such assistance and shall sign the oath printed on the same envelope as the oath to be signed by the elector. No person shall assist more than ten such electors in any primary, election, or runoff.

2332

JOURNAL OF THE HOUSE,

(c) When an elector applies in person for an absentee ballot, after the absentee bal lots have been printed, the absentee ballot shall be delivered to the elector at the time of the application therefor within the confines of the registrar's office; and the elector shall then and there vote and deliver the absentee ballot as provided in subsections (a) and (b) of this Code section. The board of registrars shall furnish accommodations to the elector to ensure the privacy of the elector while voting his absentee ballot."
Section 7. Said title is further amended by striking in its entirety subsection (b) of Code Section 21-3-123, relating to registration duties of county registrar in municipalities using county registration system and location of main office of municipal board of regis trars, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) In those municipalities electing to maintain their own registration system, the registrars shall keep the completed registration cards and their other papers in the main office of the municipal registrars, which office shall be in the city hall or other public building designated by the governing authority. If no such office exists, the registrars shall keep the completed registration cards and their other papers:
(1) In kt the office of the city clerkj ; and such office shall be deemed the main office of the board of registrars] or v
(2) In the office of the designated chief deputy registrar or other office designated by the board of registrars which is accessible at all times during normal working hours, and such office shall be deemed the main office of the board of registrars. 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 registration cards are kept at such times as the office is open during regular office hours. The gov erning authority, in addition to the main office, shall designate every municipal public library and county public library which is located within the corporate limits of the municipality and in which a librarian has elected to serve as a deputy registrar and may designate other fixed places to be used for the purpose of receiving applications for registration and for the registration of electors. 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 transmitted to the main office as expeditiously as possible by a registrar or deputy regis trar or by United States mail."
Section 8. Said title is further amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 21-3-133, relating to purging of list of electors by munici palities maintaining their own registration system, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) At least 60 days before any general election, the registrar shall obtain from the superintendent probate judge of the county a list of all persons residing in the county who appear to be disqualified from voting by reason of an adjudication of idwey or insanity mental incompetency since the last general election; and any of these persons on the municipal list of electors shall be removed;".
Section 9. Said title is further amended by striking in its entirety subsection (a) of Code Section 21-3-283, relating to making of application for absentee ballot in connection with municipal elections, and inserting in lieu thereof a new subsection (a) to read as fol lows:
"(a) Any absentee elector may make an application either by mail or in person in the absentee ballot clerk's office to the absentee ballot clerk for an official ballot of the elector's precinct to be voted at such primary or election. In the case of an elector residing temporarily out of the municipality and the county in which the absentee elec tor permanently resides or a physically disabled elector residing within the municipality, the application for the elector's absentee ballot may, upon satisfactory proof of relation ship, be made by his mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of

FRIDAY, MARCH 7, 1986

2333

18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elec tor to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee bal lot; and the name and relationship of the person requesting the ballot if other than the elector. No absentee ballot shall be mailed to an address other than the permanent or temporary address of the elector. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign his own application because of illiteracy or physical disability, the elector shall make his mark, and the person filling in the rest of the application shall sign his name below it as a witness."
Section 10. Said title is further amended by striking Code Section 21-3-285 in its entirety and inserting in lieu thereof a new Code Section 21-3-285 to read as follows:
"21-3-285. (a) At any time after receiving an official absentee ballot, but before the date of the primary or election, except electors who are confined to a hospital on the day of the primary or election, the elector shall vote his absentee ballot, then fold the ballot and close and securely seal the same in the envelope on which is printed 'Official Absentee Ballot.' This envelope shall then be placed in the second one, on which is printed the form of the oath of the elector, the name, relationship, and oath of the person assisting, if any, and other required identifying information. The elector shall then fill out, subscribe, and swear to the oath printed on such envelope. Such envelope shall then be securely sealed, and the elector shall then mail or personally deliver the same to the absentee ballot clerk, provided that delivery by a physically disabled elector may be made by any adult upon satisfactory proof that such adult is such elector's mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, motherin-law, father-in-law, brother-in-law, sister-in-law, or an individual residing in the house hold of such disabled elector. An elector who is confined to a hospital on a primary or election day to whom an absentee ballot is delivered by the absentee ballot clerk shall then and there vote the ballot, seal it properly, and return it to the absentee ballot clerk.
(b) A physically disabled or illiterate elector may receive assistance in preparing his ballot from one of the following: any elector selected by such elector who is qualified to vote in the same municipality as the disabled elector; or the father, mother, grand parent, brother, sister, spouse, son, daughter, mother-in-law, father-in-law, brother-inlaw, or sister-in-law of the disabled elector. If the disabled elector is sojourning outside his own municipality, a notary public of the jurisdiction may give such assistance and shall then sign the oath printed on the same envelope as the oath to be signed by the elector. No person shall assist more than ten such electors in any primary, election, or runoff.
(c) When an elector applies in person for an absentee ballot, after the absentee bal lots have been printed, the absentee ballot shall be delivered to the elector within the confines of the registrar's office at the time of the application; and the elector shall then and there vote and deliver the absentee ballot as provided in subsections (a) and (b) of this Code section. The board of registrars shall furnish accommodations to the elector to ensure the privacy of the elector while voting his absentee ballot."
Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 12. 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:

2334

JOURNAL OF THE HOUSE,

Y Aaron Adams.G
Y Adams.M Y Aiken Y Alford
Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn
Birdsong Bishop
Bolster Y Bostick Y Branch YBray
Brooks Brown,G YBuck Burruss YByrd Y Carter Chambless Chance Y Cheeks Y Childers

Childs Y Clark,B Y Clark.L Y Colbert
Coleman Y Colwell
Connell Y Cooper Y Copelan Y Couch YCoi Y Crawford
Crosby Y Cummings Y Daugherty Y Davis YDean Y Dixon YDobbs
Dover Y Dunn
Edwards Y Felton Y Floyd
Y Foster Y Galer Y Godbee
Y Goodwin Y Greene Y Greer
Groover
Y Hamilton Hanner
Y Harris Y Hasty YHays

Y Heard YHill
Y Holcomb Y Holmes Y Hooks
Y Home Y Hudson
Isakson 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 Linder YLogan YLong YLord Y 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
Y Mostiler Y Moultrie N Mueller Y Oliver.C Y Padgett Y Panneli Y Parham Y Parrish
Patten Y Peters
Pettit Phillips Pinkston
Y Porter Rainey
Y Ramsey.T YRamsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson
Robinson.C Robinson,P
YRoss Y Royal
Russell Y Selman

Y Shepard Y Sherrod
Sinkfield Y Sizemore
Y Smith,L Y Smith,? Y Smith.T Y Smyre
Snow
Y Stancil 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 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 136, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 306. By Senator Kidd of the 25th:
A bill to amend Chapter 18 of Title 45 of the Official Code of Georgia Anno tated, relating to employees' insurance and benefit plans, so as to authorize the commissioner of personnel administration to establish, equip, and operate day-care center facilities for the purpose of serving children who are mem bers of households of employees of state government; to provide for certain fees and charges.

The following amendment was read and adopted:

The Committee on Insurance moves to amend SB 306 by striking from the title on lines 10 and 11 on page 1 the following:
"to provide conditions for effectiveness;",
and inserting in lieu thereof the following:
"to provide for recommendations relative to funding and costs;".
By deleting the quotation marks at the end of line 11 on page 2.
By adding between lines 11 and 12 on page 2 the following:
"45-18-72. The commissioner of personnel administration shall present recommenda tions no later than December 1, 1986, for funding any start-up costs of the pilot project.'"

FRIDAY, MARCH 7, 1986

2335

By striking in its entirety Section 2 on lines 12 through 14 on page 2, which Section 2 reads as follows:
"Section 2. This Act shall become effective only when the funds necessary to carry out its purposes are appropriated by the General Assembly."
By renumbering Section 3 on page 2 as Section 2.
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
AUen Y Anderson
YArgo Y Athon Y Atkins YAuten Y Bailey NBalkcom N Bannister Y Bargeron Y Barnett.B N Barnett.M
YBeck Y Benefield
Benn Birdsong Bishop Bolster Boetick
Y Branch YBray Y Brooks Y Brown,G
YBuck YBurruss YByrd Y Carter
Chambless Y Chance Y Cheeks Y Childers

Childs Y Clark.B
Clark,L Y Colbert Y Coleman Y Colwell
Connell Y Cooper
Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Y Daugherty N Davis YDean Y Diion YDobbs Y Dover YDunn Y Edwards
Y Felton Y Floyd
Y Poster 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
Home Y Hudson
Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson.D Y Johnon,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 YLord Y Lucas
Lupton Y Maddox Y Mangum Y Martin.C
Martin,J Y Matthews Y McDonald

Y McKelvey
McKinney YMilam Y Milford Y Moody Y Moore N Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish
Patten Y Peters
Pettit Phillips Pinkston Y Porter YRainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves
Y Redding Y Richardson
Robinson.C Robinson,? YRoss Y Royal Y Russell YSelman

Y Shepard Y Sherrod Y Sinkfleld Y Sizemore
Y Smith,L Y Smith,P Y Smith,T Y Smyre
Snow Y Stancil Y Steinberg
Y Thomas.C Y Thomas.M
Thompson
Townsend Y Triplett YTwiggs
Waddle Y Waldrep
Walker.C Y Walker.L N Wall
Ware Watson Y Watts White Y Wilder Y WiUiams,B
Y Williams^I Y WiUiams,R
Wilson YWood Y Workman Y Yeargin
Young
Murphy ,Spkr

On the passage of the Bill, as amended, the ayes were 140, nays 6.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 322. By Senators Kennedy of the 4th, Garner of the 30th, Kidd of the 25th and others:
A bill to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning salaries and fees of certain public officers and employees, so as to provide that any law enforcement officer or prison guard employed by the State of Georgia who is injured in the line of duty shall be entitled to his regular compensation for the period of time that the law enforcement officer or prison guard is physically unable to perform the duties of his employment.

The following Committee substitute was read and adopted:

2336

JOURNAL OF THE HOUSE,

A BILL
To amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Anno tated, relating to general provisions concerning salaries and fees of certain public officers and employees, so as to provide that any employee of the Department of Corrections, employee of the State Board of Pardons and Paroles or law enforcement officer employed by the State of Georgia 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 any such employee or law enforcement officer is physically unable to perform the duties of his employment; to provide that any fireman employed by the State of Georgia who is injured in the line of duty shall be entitled to his regular compensation for the period of time that any such fireman is physically unable to perform the duties of his employment; to define certain terms; to provide certain limitations; to provide procedures; to provide for a reduc tion in benefits provided by this Act when the injured employee, fireman, or law enforce ment officer is entitled to receive workers' compensation benefits; to provide certain exceptions; to repeal a specific Code section relating to compensation of employees of the Department of Corrections for injuries committed by an inmate or probationer; to repeal a specific Code section relating to compensation of employees of the State Board of Par dons and Paroles for injuries committed by an inmate or parolee; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Anno tated, relating to general provisions concerning salaries and fees of certain public officers and employees, is amended by adding at the end thereof a new Code Section 45-7-9 to read as follows:
"45-7-9. (a) As used in this Code section, the term: (1) 'Law enforcement officer' means any agent or officer employed by the State of
Georgia who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the pro tection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of human resources pursuant to paragraph (2) of subsection (i) of Code Section 49-5-10, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Human Resources or who have broken the conditions of supervision. Such term shall not include narcotics agents as provided for in Code Section 35-3-9.
(2) 'Fireman' means any person who is employed as a professional firefighter on a full-time basis of at least 40 hours per week by a state government fire department who has the responsibility of preventing and suppressing fires, protecting life and property, and enforcing state fire prevention codes, as well as enforcing any law per taining to the prevention and control of fires. (b) (1) Any employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, or law enforcement officer who, on or after July 1, 1986, is injured in the line of duty by an act of external violence or injury shall be entitled to receive compensation as provided in this Code section.
(2) Any fireman who, on or after July 1, 1986, is injured in the line of duty shall be entitled to receive compensation as provided in this Code section. (c) An employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, fireman, or law enforcement officer injured in the line of duty as provided in subsection (b) of this Code section shall continue to receive his regular compensation for the period of time that the employee or officer is physically unable to perform the duties of his employment; provided, however, that such benefits provided in this Code section shall not be granted for injuries resulting from a single incident for more than a total of 180 working days. An employee, fireman, or officer shall be required to submit to his department head satisfactory evidence of such disability.

FRIDAY, MARCH 7, 1986

2337

(d) Benefits made available under this Code section shall be subordinate to any workers' compensation benefits for which the employee, fireman, or officer is eligible and shall be limited to the difference between the amount of available workers' compen sation benefits and the amount of the employee's, fireman's, or officer's regular compen sation.
(e) Any employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, or law enforcement officer who qualifies for disability allowances pursuant to Code Section 47-2-221 shall not be entitled to any benefits provided in this Code section."
Section 2. Code Section 42-5-41 of the Official Code of Georgia Annotated, relating to compensation of members of the Department of Corrections for injuries committed by an inmate or probationer, is repealed in its entirety.
Section 3. Code Section 42-9-21.1 of the Official Code of Georgia Annotated, relating to compensation of employees of the State Board of Pardons and Paroles for injuries committed by an inmate or parolee, 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 roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M
Y Aiken YAlford
Alien Y Anderson YArgo YAthon Y Atkins YAuten Y Bailey YBalkcom 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
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 Y Crosby Y Cummings Y Daugherty Y Davis
Dean Y Dixon YDobbs Y Dover Y Dunn
Y Edwards Felton
Y Floyd Y Foster
Galer Y God bee 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 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 YLord
Y Lucas Y Lupton Y Maddoi Y Mangum Y Martin.C
Martin.J Y Matthews
Y McDonald

Y McKelvey McKinney
Y Milam Y Milford
Y Moody Y Moore Y Mortem Y Mostiler
Y Moultrie
Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters
Pettit Phillips Pinkston
Y Porter
YRainey Y Ramsey.T Y Ramsey.V YRandall
Y Ransom YRay Y Reaves Y Redding Y Richardson
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
Snow 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 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 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

2338

JOURNAL OF THE HOUSE,

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

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.

The following Senate amendment was read:

Amend HB 1785 by striking line 1 through line 3 of page 1 and inserting in lieu thereof the following:
"To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that the penalty for failure to pay ad valorem taxes shall not apply to ad valorem taxes on homestead property which has been acquired by a new owner who did not receive a tax bill and who resided outside of the State of Georgia immediately before acquiring the homestead property; to".
By adding between line 7 and line 8 of page 1 the following:
"Section 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking subsection (b) of Code Section 48-2-44, relating to penalties and interest for failure to pay taxes and revenue held in trust for the state, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) (1) In any instance in which any person willfully fails, on or after July 1, 1981, to pay, within 90 days of the date when due, any ad valorem tax; except where the
Lf maJrl ri aa q(fltCj\AJ\AJ.\(J\\fJ\ t(T~.Tf- l1oCo9n8 fO\nil hIIUnIm IICnSoLtCoZnIrUl rJJ\r~nUn|JeCvrrLt 1yr enraa rUlCa1fililtltnJ/U4 Tiri>l M1~. *nni*ifl- -"1X trj\lf rAtri*l-tiiC/*lICn .~Q Tf7\1f
Chapter 6 ef this title, owed the state or any local government, he shall pay, in the absence of a specific statutory civil penalty for the failure, a penalty of 10 percent of the amount of tax due and not paid on or before the time prescribed by law, together with interest as specified by law. This 10 percent penalty shall not, however, apply in the case of:
(A) Ad valorem taxes of $500.00 or less on homestead property as defined in Part 1 of Article 2 of Chapter 5 of this title; or
(B) With respect to tax year 1986 and future tax years, ad valorem taxes of any amount on homestead property as defined in Part 1 of Article 2 of Chapter 5 of this title, if the homestead property was during the tax year acquired by a new owner who did not receive a tax bill for the tax year and who immediately before acquiring the homestead property resided outside the State of Georgia. (2) Any city or county authorized as of April 22, 1981, by statute or constitutional amendment to receive a penalty of greater than 10 percent for failure to pay an ad valorem tax is authorized to continue to receive that amount.'"
By striking line 8 through line 11 of page 1 and inserting in lieu thereof the following:
"Section 2. Said title is further amended by striking subsection (b) of Code Section 48-5-290, relating to the creation and appointment of county boards of tax assessors, which reads as follows:".
By striking from line 6 of page 2 the number "2" and inserting in lieu thereof the number "3".

The following amendment was read and adopted:

FRIDAY, MARCH 7, 1986

2339

Representative Wilson of the 20th moves to amend the Senate amendment to HB 1785 by adding immediately before the period on line 14 of page 2 the following:
"and if the taxes are paid within one year following the due date".

Representative Wilson of the 20th moved that the House agree to the Senate amend ment to HB 1785, as amended by the House.
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
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 NBeck Y Benefield YBenn
Birdsong Bishop Y 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 Y Clark.L Y Colbert
Coleman Colwell Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Y Daugherty Y Davis Dean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Goodwin 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 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 Y Under Y Logan YLong
Lord 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
Moore Y Morton Y Mostiler N Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters
Pettit Y Phillips Y Pinkston Y Porter Y Rainey
Ramsey.T Y Ramsey.V Y 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
Y Smyre
YSnow
Y Stancil
Y Steinberg
Y Thomas.C
Y Thomas.M
Y Thompson
Y Townsend
Y Triplett Twiggs
Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Watson Y Watts White Y Wilder
Y Williams.B
Y Williams,J
N Williams.R
Y Wilson
Y Wood Y Workman
Y Yeargin Young Murphy.Spkr

On the motion, the ayes were 150, nays 3. The motion prevailed.

Representative Goodwin of the 63rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate and was taken up for consideration and read the third time:

SB 299. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions pertaining to fishing, so as to make it unlawful for any person to remove fish from the waters or from upon the lands of another through the use of nets or otherwise when such fish are being raised for commercial purposes or for research.

The following Committee substitute was read and adopted:

2340

JOURNAL OF THE HOUSE,

A BILL
To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide that a conservation ranger who has accumulated 25 years of service in that capacity or has retired may be allowed, upon leaving service under honorable conditions, to retain his weapon and badge; to make it unlawful for any person to remove fish from the waters or from upon the lands of another through the use of nets when such fish are being raised for commercial purposes or for research, provided that signs are con spicuously posted in and around such waters indicating that such fish are being raised for commercial purposes or for research; to provide penalties; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by adding following Code Section 27-1-16, relating to conservation rangers, a new Code Section 27-1-16.1 to read as follows:
"27-1-16.1. Pursuant to policies adopted by the board, any conservation ranger who has completed 25 years of service in that capacity or who has retired, upon leaving the department under honorable conditions, may be allowed, as a part of his compensation or retirement benefits, to retain possession of his weapon or badge or both."
Section 2. Said title is further amended by striking Code Section 27-4-2, relating to fishing in waters or from lands of another without permission, in its entirety and inserting in lieu thereof a new Code Section 27-4-2 to read as follows:
"27-4-2. (a) It shall be unlawful for any person to fish in the waters or from upon the lands of another without first having obtained permission from the landowner or person in charge of such lands, provided that nothing contained in this Code section shall be construed to apply to the fishing or taking of fish, other than oysters, clams, and other shellfish, in any of the salt-water creeks, streams, or estuaries leading from the Atlantic Ocean or from the sounds, rivers, or bays surrounding the several islands of this state. It shall also be unlawful for any person to obstruct or interfere with the right of any other person to fish in these salt-water creeks, streams, or estuaries leading from the Atlantic Ocean or from the sounds, rivers, or bays surrounding the several islands of this state. Conservation rangers, sheriffs, deputy sheriffs, and all other peace officers of this state or of any county or municipality thereof shall enforce this Code section.
(b) Notwithstanding the provisions of subsection (a) of this Code section, it shall be unlawful for any person to remove fish from the waters or from upon the lands of another through the use of nets when such fish are being raised for commercial purposes or for research, provided that signs are conspicuously posted in and around such waters indicating that such fish are being raised for commercial purposes or for research. Any person violating the provisions of this subsection shall, upon conviction thereof, be pun ished by a fine of not more than $10,000.00 or by imprisonment for not less than one nor more than five years, or both."
Section 3. Section 1 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. Section 2 of 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 roll call was ordered and the vote was as follows:

FRIDAY, MARCH 7, 1986

2341

Y Aaron Adams.G
Y Adams.M Y Aiken Y Alford
Alien Anderson Y Argo Y Athon
Y Atkins Y Auten Y Bailey
Balkcom Y Bannister Y Barge ron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn
Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Brooks Brown.G YBuck Burruss YByrd Y Carter Chambless Y Chance Y Cheeks Y Childers

Y Childs Y Clark.B Y Clark.L Y Colbert Y Coleraan Y Colwell
Connell Y Cooper Y Copelan Y Couch Y Cox Y Crawford Y Crosby Y Cummings Y Daugherty Y Davis
Dean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards
Felton Y Floyd Y Foster Y Galer Y Godbee
Good win Y Greene Y Greor Y Groover Y Hamilton Y Hanner Y Harris
Hasty YHays

Y Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,J
Jackson.N Y Jamieson Y Johnson.D Y Johnson.F Y Johnson.R Y Johnson.S Y Kilgore Y Kingston Y Lane.D
Lane.R Y Lawler Y Lawrence Y Lawson
Lee.C Y Lee.W Y Linder YLogan
Long YLord
Lucas Lupton Y Maddox Mangum Martin,C Y Martin,J Y Matthews Y McDonald

Y McKelvey McKinney
Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters
Pettit 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
Russell Selman

Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith.P
Smith.T Y Smyre YSnow Y Stancil Y Steinberg
Thomas.C Y Thomas.M Y Thompson
Townsend Y Triplet! Y Twiggs
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 Williams.R Y Wilson
Wood Y Workman Y Yeargin
Young Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 141, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Goodwin of the 63rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bill of the Senate was taken up for the purpose of considering the Sen ate's insistence on its position in disagreeing to the House substitute thereto:

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.

Representative Murphy of the 18th moved that the House insist on its position in substituting SB 56.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

2342

JOURNAL OF THE HOUSE,

SB 318. By Senator Kidd of the 25th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide for outpatient procedures for determining whether outpatient or inpatient treatment should be ordered for mentally ill persons, alcoholics, drug dependent individuals, and drug abusers.

The following Committee substitute was read and adopted:

A BILL
To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide for outpatient procedures for determining whether outpatient or inpatient treatment should be ordered for mentally ill persons, alcoholics, drug dependent individuals, and drug abusers; to change definitions; to change procedures in emergency receiving facilities, evaluating facilities, and treatment facilities regarding the examination, admission, treatment, and discharge of mentally ill persons, alcoholics, drug dependent individuals, and drug abusers; to provide new standards for discharge to outpatient treat ment; to provide for notices and opportunities for hearing; to provide for procedures regarding involuntary treatment before courts and hearing examiners and orders, powers, and duties relating thereto; to provide for enforcement of orders for outpatient treatment; to change certain terms, titles, and cross references; to provide the duration of orders to obtain outpatient treatment and for review, renewal, and extensions thereof; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking Code Section 37-3-1, relating to definitions regarding treat ment of mentally ill persons, and inserting in its place a new Code section to read as fol lows:
"37-3-1. As used in this chapter, the term: (.1) 'Available outpatient treatment' means outpatient treatment, either public or
private, available in the patient's community, including but not limited to supervision and support of the patient by family, friends, or other responsible persons in that community. Outpatient treatment at state expense shall be available only within the limits of state funds specifically appropriated therefor.
(1) 'Chief medical officer' means the physician with overall responsibility for patient treatment at any facility receiving patients under this chapter or a physician appointed in writing as the designee of such chief medical officer.
(2) 'Clinical record' means a written record pertaining to an individual patient and shall include all medical records, progress notes, charts, admission and discharge data, and all other information which is recorded by a facility or other entities responsible for a patient's care and treatment under this chapter and which pertains to the patient's hospitalization and treatment. Such other information as may be required by rules and regulations of the board shall also be included.
(3) 'Community mental health center' means an organized program for the care and treatment of the mentally ill operated by a county board of health or a similar program recognized by a county board of health or the Department of Human Resources.
(4) 'Court' means: (A) In the case of an individual who is 17 years of age or older, the probate
court of the county of residence of the patient or the county in which such patient is found. Notwithstanding Code Section 15-9-13, in any case in which the judge of such court is unable to hear a case brought under this chapter within the time required for such hearing or is unavailable to issue the order specified in subsection (b) of Code Section 37-3-41, such judge shall appoint a person to serve and exercise all the jurisdiction of the probate court in such case. Any person so appointed shall be a member of the State Bar of Georgia and shall be otherwise qualified for his

FRIDAY, MARCH 7, 1986

2343

duties by training and experience. Such appointment may be made on a case-bycase basis or by making a standing appointment of one or more persons. Any person receiving such standing appointment shall serve at the pleasure of the judge making the appointment or his successor in office to hear such cases if and when necessary. The compensation of a person so appointed shall be as agreed upon by the judge who makes the appointment and the person appointed with the approval of the gov erning authority of the county for which such person is appointed and shall be paid from the county funds of said county. All fees collected for the services of such appointed person shall be paid into the general funds of the county served; or
(B) In the case of an individual who is under the age of 17 years, the juvenile court of the county of residence of the patient or the county in which such patient is found.
(5) 'Emergency receiving facility' means a facility designated by the department to receive patients under emergency conditions as provided in Part 1 of Article 3 of this chapter.
(6) 'Evaluating facility' means a facility designated by the department to receive
patients for psychiatric evaluation as provided in Part 2 of Article 3 of this chapter. (7) 'Facility' means any state owned or state operated hospital, community mental
health center, or other facility utilized for the diagnosis, care, treatment, or hospitalization of persons who are mentally ill; any facility operated or utilized for such purpose by the United States Veterans' Administration or other federal agency; and
any other hospital or facility within the State of Georgia approved for such purpose by the department.
(8) 'Full and fair hearing' or 'hearing' means a proceeding before a hearing exam
iner under Code Section 37-3-83 or Code Section 37-3-93 or before a court as defined in paragraph (4) of this Code section. The hearing may be held in a regular courtroom or in an informal setting, in the discretion of the hearing examiner or the court, but
the hearing shall be recorded electronically or by a qualified court reporter. The patient shall be provided with effective assistance of counsel. If the patient cannot
afford counsel, the court shall appoint counsel for him or the hearing examiner shall have the court appoint such counsel; provided, however, that the patient shall have the right to refuse in writing the appointment of counsel, in the discretion of the hear
ing examiner or the court. The patient shall have the right to confront and cross-exa
mine witnesses and to offer evidence. The patient shall have the right to subpoena witnesses and to require testimony before the hearing examiner or in court in person or by deposition from any physician upon whose evaluation the decision of the hearing
examiner or the court may rest. The patient shall have the right to obtain a continu ance for any reasonable time for good cause shown. The hearing examiner and the
court shall apply the rules of evidence applicable in civil cases. The burden of proof shall be upon the party seeking treatment of the patient. The standard of proof shall
be by clear and convincing evidence. At the request of the patient, the public may be excluded from the hearing. The patient may waive his right to be present at the hear
ing, in the discretion of the hearing examiner or the court. The reason for the action of the court or hearing examiner in excluding the public or permitting the hearing to proceed in the patient's absence shall be reflected in the record.
(9) 'Individualized service plan' means a proposal developed during a patient's stay in a facility and which is specifically tailored to the individual patient's treatment
needs. Each plan shall clearly include the following: (A) A statement of treatment goals or objectives, based upon and related to a
proper evaluation, which can be reasonably achieved within a designated time inter val;
(B) Treatment methods and procedures to be used to obtain these goals, which
methods and procedures are related to these goals and which include a specific prognosis for achieving these goals;
(C) Identification of the types of professional personnel who will carry out the
treatment and procedures, including appropriate medical or other professional involvement by a physician or other health professional properly qualified to fulfill
legal requirements mandated under state and federal law;

2344

JOURNAL OF THE HOUSE,

(D) Documentation of patient involvement and, if applicable, the patient's accordance with the service plan; and
(E) A statement attesting that the chief medical officer has made a reasonable effort to meet the plan's individualized treatment goals in the least restrictive envi ronment possible closest to the patient's home community. (9.1) 'Inpatient' means a person who is mentally ill and:
(A) (i) Who presents a substantial risk of imminent harm to that person or others, as manifested by either recent overt acts or recent expressed threats of violence which present a probability of physical injury to that person or other per sons; or
(ii) Who is so unable to care for that person's own physical health and safety as to create an imminently life-endangering crisis; and (B) Who is in need of involuntary inpatient treatment. (9.2) 'Inpatient treatment' or 'hospitalization' means a program of treatment for mental illness within a hospital facility setting. (9.3) 'Involuntary treatment' means inpatient or outpatient treatment which a patient is required to obtain pursuant to this chapter. (10) 'Least restrictive alternative,' 'least restrictive environment,' or 'least restrictive appropriate care and treatment' means that which is the least restrictive available alternative, environment, or care and treatment, as appropriate respectively, within the limits of state funds specifically appropriated therefor. (11) 'Mentally ill' means having a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. ^ifijiViGntflliy "i person rec|uinn^ invoiuntflry tredtment me&ns 8 person wlio is
others, tts m&niiestect by citncF recent overt flcts or recent expressed tnrests ot vioTM lencc wfciek present ft probability ef- physical tnjety te himself or te ethr persons, or \o) wfto is so unaDie to care lor nis own pnysicai noaltn and salety ~ss TO create an imminently life-endangering crisis.
(12) 'Mentally ill person requiring involuntary treatment' means a person who is an inpatient or an outpatient.
(12.1) 'Outpatient' means a person who is mentally ill and: (A) Who is not an inpatient but who, based on the person's treatment history
or current mental status, will require outpatient treatment in order to avoid predictably and imminently becoming an inpatient;
(B) Who because of the person's current mental status, mental history, or nature of the person's mental illness is unable voluntarily to seek or comply with out patient treatment; and
(C) Who is in need of involuntary treatment. (12.2) 'Outpatient treatment' means a program of treatment for mental illness out side a hospital facility setting which includes, without being limited to, medication and prescription monitoring, individual or group therapy, day or partial programming activities, case management services, and other services to alleviate or treat the patient's mental illness so as to maintain the patient's semi-independent functioning and to prevent the patient's becoming an inpatient. (13) 'Patient' means any mentally ill person who seeks treatment under this chapter or any person for whom such treatment is sought. (14) 'Private facility' means any hospital facility that is a proprietary hospital or a hospital operated by a nonprofit corporation or association approved for the purposes of this chapter, as provided herein, or any hospital facility operated by a hospital authority created pursuant to the 'Hospital Authorities Law,' Article 4 of Chapter 7 of Title 31. (15) 'Representatives' means the persons appointed as provided in Code Section 37-3-147 to receive notice of the proceedings for hospitalization voluntary or involun tary treatment.

FRIDAY, MARCH 7, 1986

2345

(16) 'Superintendent' means the chief administrative officer who has overall man agement responsibility at any facility receiving patients under this chapter or an indi vidual appointed as the designee of such superintendent.
(17) 'Treatment' means care, diagnostic and therapeutic services, including the administration of drugs, and any other service for the treatment of an individual.
(18) 'Treatment facility' means a facility designated by the department to receive patients for psychiatric treatment as provided in Code Sections 37-3-80 through 37-3-84."
Section 2. Said title is further amended by striking Code Sections 37-3-43 and 37-3-44, relating to examination of mentally ill persons after emergency admission and notices relating thereto, respectively, and inserting in their place the following new Code sections to read as follows:
"37-3-43. (a) A patient who is admitted to an emergency receiving facility shall be examined by a physician as soon thereafter as possible but in any event within 48 hours and may be given such emergency treatment as is indicated by good medical practice. The patient must be released discharged within 48 hours of his admission unless:
(1) The examining physician concludes that there is reason to believe that the patient may be a mentally ill person requiring involuntary treatment and executes a certificate to that effect within such time; or
(2) The patient is under criminal charges, notice of which has been given in writ ing to the facility, in which case a peace officer from the law enforcement agency origirifliiy nsving custody of *nc pstictit sn&H oc PCQUIred to Assume pfiystccti custody of
te subsection {e} of this Cede section and such patient may ordy be released frem the facility krte saeh custody the provisions of Code Section 37-3-95 shall apply. Nothing in this chapter shall be construed to prohibit a physician who previously exe cuted a certificate authorized by the provisions of this chapter from executing any other certificate provided for herein in this chapter for the same or any other patient. (b) Within 24 hours of the execution of the physician's certificate under paragraph (1) of subsection (a) of this Code section, the patient shall be transported, as provided in Code Section 37-3-101, to an evaluating facility where he shall be received pursuant to Code Section 37-3-63 unless the patient has been determined and certified to meet all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90, in which event the patient shall be discharged under the conditions provided in Code Section 37-3-91, except that if the patient is under criminal charges, notice of which has been given in writing to the facility, the provisions of Code Section 37-3-95 shall apply. (c) Notice of any proposed discharge shall be given to the patient and his representa tives; if the patient was admitted to the facility under subsection (a) of Code Section 37-3-41, to the physician who executed the certificate; if the patient was admitted to the facility under subsection (b) of Code Section 37-3-41, to the court which issued the order; and, if the patient was under criminal charges, written notice of which had been given to the facility, by certified mail to the law enforcement agency originally having custody of the patient. 37-3-44. (a) Immediately upon arrival of a patient at an emergency receiving facility under Code Section 37-3-41 37-3-43, the facility shall give the patient written notice of his right to petition for a writ of habeas corpus or for a protective order under Code Section 37-3-148. This written notice shall also inform the patient that he has a right to legal counsel and that, if the patient is unable to afford counsel, the court will appoint counsel. (b) The notice informing the patient's representatives of the patient's hospitalization in an emergency receiving facility shall include a clear notification that the representa tives may petition for a writ of habeas corpus or for a protective order under Code Section 37-3-148."
Section 3. Said title is further amended by striking Code Section 37-3-64, relating to detention of mentally ill persons in an evaluating facility, and inserting in its place a new Code section to read as follows:

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JOURNAL OF THE HOUSE,

"37-3-64. (a) A patient who has been admitted to an evaluating facility pursuant to Code Section 37-3-43 or 2 37-3-632 or subparagraph (a)(3)(B) of Code Section 37-3-81.1 may be detained for a period not to exceed five days, Saturdays, Sundays, and holidays excluded. The patient shall be discharged upon a finding that neither hospitalization ne* further detention for evaluation is required bat; the patient is not a mentally ill person requiring involuntary treatment or upon a finding and certification that the patient meets all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90, in which event a patient meeting those out patient treatment requirements shall be discharged under the conditions provided in Code Section 37-3-91 but, in any event, upon the expiration of the five-day evaluation period unless:
(1) Within that period: (A) The patient is admitted as a voluntary patient under Code Section 37-3-20;
or (B) The patient is admitted as an for involuntary patient inpatient treatment
under Code Section 37-3-81; or (2) The patient is under criminal charges, notice of which has been given in writ ing to the facility, in which case the peace officer from the law enforcement agency originally rtftvinj* custody of tnc pflt/icnt srift11 DC rccjuipcct to sssmmc priysicsi custody
susnt to suDscction (,d^ of tins Oodc section cmd sucn p&ticnt iwfiy only T&C rclcsscd from the facility krte such custody the provisions of Code Section 37-3-95 shall apply. (b) If hospitalization appears desirable, the staff physicians of the evaluating facility shall encourage the patient to apply for voluntary hospitalization unless the attending physician finds that the patient is unable to understand the nature of voluntary hospi talization, that voluntary hospitalization would be harmful to the patient, or that the patient is determined to be a mentally ill person in need of involuntary treatment, which finding shall be entered in the patient's record. (c) If, after evaluation of the patient, it is determined by the chief medical officer that proceedings for involuntary treatment of the patient should be initiated pursuant to Code Section 37-3-81 or pursuant to Part 4 of this article, the chief medical officer shall direct that an individualized service plan be developed for that patient during the five-day period that he is detained for evaluation in the facility. (d) Notice of the discharge shall be given to the patient and his representatives; to the person who filed the petition; if the patient was admitted to the evaluating facility from an emergency receiving facility under Code Section 37-3-43, to the physician who executed the certificate or to the court which issued the order pursuant to Code Section 37-3-41; if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient; and, if the patient was admitted to the evaluating facility under Code Section 37-3-62, to the court that ordered the evaluation."
Section 4. Said title is further amended by striking Part 3 of Chapter 3 thereof, relating to treatment facilities for mentally ill persons, and inserting in its place a new Part 3 to read as follows:
"Part 3
37-3-80. Any state owned or state operated facility may be designated by the depart ment as a treatment facility. The department shall maintain a treatment facility at each regional hospital which shall accept patients found in any county in the service region of the hospital. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of the facility.
37-3-81. (a) The patient may be detained at a facility beyond the evaluation period unless voluntary hospitalization is sought under subparagraph (a)(l)(A) of Code Section 37-3-64 only upon the recommendation of the chief medical officer of an evaluating facility where the patient has been examined under Part 2 of this article, which recom mendation is supported by the opinions of two physicians who have personally examined

FRIDAY, MARCH 7, 1986

2347

the patient within the preceding five days and who agree that the patient is a mentally ill person requiring involuntary treatment but who does not meet the outpatient treat ment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90. Such recommendation of the chief medical officer and the opinions of the physicians shall be entered on a certificate. The certificate shall be filed along with a petition for a hearing in the court of the county in which the patient is being detained for evaluation. Nothing in this chapter shall be construed to prohibit a physician or a chief medical officer who has previously executed any other certificate authorized by the provisions of this chapter from executing a certificate provided for in this Code section for the same or any other patient. The certificate and petition shall be filed within five days, Saturdays, Sundays, and holidays excluded, after the patient is admitted to a facil ity for evaluation under Code Section 37-3-63. Such filing shall authorize detention of the patient by the facility pending completion of a full and fair hearing under this Code section. Copies of the certificate shall be served on the patient and his representatives within five days after the certificate is filed and shall be accompanied by:
(1) A notice that a hearing will be held and the time and place thereof;
(2) A notice that the patient has a right to counsel, that the patient or his repre sentatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that in such case the court will appoint counsel for the patient unless the patient indicates in writing that he does not desire to be repre sented by counsel;
(3) A copy of the individualized service plan developed by the facility under this chapter shall be sent to the patient and shall be sent to the patient's representative if requested by such representative. Notice of the right to receive such plan shall be given to the representatives at the time the service plan is sent to the patient;
(4) A notice that the patient has a right to be examined by a physician of his own choice at his own expense and to have that physician submit a suggested service plan for the patient which conforms with the requirements of paragraph (9) of Code Section 37-3-1; and
(5) A notice that the patient may waive in writing the hearing described in subsec tion (c) of this Code section,
(b) If the hearing is waived, the certificate shall serve as authorization for the patient to begin treatment under the terms of the individualized service plan; and the chief medical officer of the facility where the patient is located shall be responsible for the supervision of the service plan.
\cj--ift flny c&se tft which d pfttient ts petflined m SH evsluft11n iscility pursuftnt t ft petition ilied under suosection \8/ ot this oode section, the court shsii hoid 8 run ftnd

ft mentAlly rti person reQuinng involuntflpy tredtrnent, out the hefipm^ mfly oe woived m writing oy the p&tient. At such neftrm^f, tf the court does not rind thftt the pfttient
pdtient oe immedistely dischfip^ed. IT the* court tinds thst the pfttient is* ft mentftily nr person requiring involuntary treatment, the eewrt shall determine, based upon cither the tndividufliizcd service pisn ppep&ped oy the physici&n pesponsi Die tor trefttment of the pfitient ftt the iftcility ttt conjunction with ftnd Ht ft^reement with the physicifln to fee responsible fof the outpatient eare er the individualized se/viee pten proposed by the physiciftn chosen oy trie pfttient) whether there exists ft pro^Fsm of tre&tment top the mdividufti which does not recjuipe hosp11ctiizfttion. TT the court iinds thftt ftn 9.11ernfl11ve outpstient ppogpflm exists, th&t such ft pro^rdnfi meets the requirements tor &n individualized service plan, and that, antler saeh a program, the danger presented by the pfitient to himseit OP others c&n oe s&teiy controlled, then the court shftii order the pfttient TO comply with thftt service pi&n. u the court concludes trom the evitience thflt
tftiizfttion^ the court sh8.il order the pfttient to oe" tp&nspopted, fts* provided tft oode Section 37-3-101, te a treatment facility where he shaH be admitted for eare and treat-

2348

JOURNAL OF THE HOUSE,

wefltmcnt O&19 tor tne p&tient FCQUIPCS some limited period or n09pitflitzQtion followed by treatment as an outpatient a community mental health center, then the court may so order.
\d/--if tne court concludes tnftt cne pfitient ts m need of involunt&py trestment7 A shall make findings of feet and conclusions of tew m support of that conclusion as part ef its final erderr T-he court may order the hospitalization of any patient admitted tinder
cniet medicfli oiticer to discn&p^e tne pfttient under stiosection \w/ of Oode beetton o TMo*oo. TT continued nospit&iiz&tioti is necess&ry ftt tne end of tn&t period) tne cniei medical officer shaH apply for an order authorizing saeh continued hoapitaligation ander Code Section 37-3-83. The eewrt raay order the involuntary outpatient treatment of a p&tient under su osection \c/ or this Oode section lor &ny period not ~to exceed six montn3) out * ftny time tncit potieftr is round oy tne outp&tient tre&tin^ pftysici&n no tender te reqaife involuntary outpatient treatment ander the standards therefor sabsection \c/ OF tnis v^ode section, tnAt pnysici&n mfly discn&Fe tne pcttient tponi' sucn involuntary treatment pe giving netiee thereof as provided in subsection {e) of Code Section 37-8-86.
(c) In any case in which a patient is retained in an evaluating facility pursuant to a petition filed under subsection (a) of this Code section, the court shall hold a full and fair hearing as provided in Code Section 37-3-81.1 unless the hearing is waived in writ ing by the patient. The hearing shall be held no sooner than seven days and no later than 12 days after the petition is filed with the court.
37-3-81.1. (a) At those hearings required under subsection (c) of Code Section 37-3-81 and subsection (a) of Code Section 37-3-92, the court shall determine whether the patient is a mentally ill person requiring involuntary treatment and, if so, whether the patient is an inpatient or outpatient and, unless otherwise provided in this subsec tion, the type of involuntary treatment the patient should be ordered to obtain. At such hearing, if the court determines:
(1) That the patient is not a mentally ill person requiring involuntary treatment, the court shall order that the patient be immediately discharged;
(2) That the patient is an outpatient, the court shall further determine, based upon either the individualized service plan required to be prepared under subsection ( of Code Section 37-3-64 or subsection (b) of Code Section 37-3-91 or the individualized service plan proposed by the physician chosen by the patient, whether there is available outpatient treatment for the patient which meets the requirements of the plan chosen by the court and whether the patient will likely obtain that treat ment so as to minimize the likelihood of the patient's becoming an inpatient. If the court determines that there is such available outpatient treatment which the patient will likely obtain so as to minimize the likelihood of the patient's becoming an inpa tient, then the court shall order the patient to obtain that treatment and shall dis charge the patient subject to such order:
(3) That the patient is an outpatient who does not meet the requirements for dis charge under paragraph (2) of this subsection and:
(A) The hearing under this subsection was required by subsection (c) of Code Section 37-3-81, the court shall order that the patient be discharged; or
(B) The hearing under this subsection is required by subsection (a) of Code Section 37-3-92, the court shall order that the patient be admitted to an evaluating facility, and this chapter shall thereafter apply to that patient as though the patient had been admitted to that facility pursuant to Code Section 37-3-62; or (4) That the patient is an inpatient, the court shall order that the patient shall be transported to a treatment facility where the patient shall be admitted for care and treatment, which order may also require that a period of such inpatient treatment be followed by available outpatient treatment if there is such outpatient treatment which will meet the requirements of the patient's individualized service plan and the patient will likely obtain the treatment so as to minimize the likelihood of the patient's becoming an inpatient.

FRIDAY, MARCH 7, 1986

2349

(b) If the court at a hearing under subsection (a) of this Code section concludes that the patient is a mentally ill person requiring involuntary treatment, it shall make find ings of fact and conclusions of law in support of that conclusion as part of its final order.
(c) The court may order the hospitalization of any patient pursuant to paragraph (4) of subsection (a) of this Code section for any period not to exceed six months, subject to the power of the chief medical officer to discharge the patient under subsection (b) of Code Section 37-3-85. If continued hospitalization is necessary at the end of that period, the chief medical officer shall apply for an order authorizing such continued hospitalization under Code Section 37-3-83.
(d) The court may order the patient to obtain available outpatient treatment under the additional conditions specified in Code Section 37-3-93 and 37-3-94.
37-3-82.--fa)--If at any time during a period ef- involuntary outpatient treatment the
tfift patient 9 condition, tne leftst restrictive flltern811ve wnicn woufd &ccompli9n the tre fitment goflis ts fiospitdiizfttion of tne patient, tnen tne tpeftting pnysicisn msy peti~ tion tne court onginfliiy spppoving tne mvoiuntftpy treatment of tne patient or tne court
fln order autnopizing 8 peftcc officer to t8Ke tne patient into custody find to deliver rum lortnwitn to me tpestment f8Cility pending compie110n of & tuti find raip nesping 8s ppo~ VIQGQ tR tnis v--ode section. 17 tft tne discretion of tne court, such o.n order ts issued, trie
facility is located an updated individualized service plan fer the patient. Copies ef- such
tne patient is tftKen into custody pursuant to sucn order snd snfill oe sccomp&nied oy ft copy of tne updated plfln ds pPOvidect top tn pflpflgr&pn \tj/ of suosec11on \ft"/ of Oode
kQ^ptf^.*u-i;w.-.r,,i o07I oQ "Qoli nninifuJ ttKin/j\sato; iitiocTiYn^3a ir-cntnjuniirrco^u Vu>yir jrjtaarraagfrrrnnjnj1h1a3 \/I17i* /\O^/\j (\TMA/\ QnrItIrU] .\/wc\j TnTfI Qau11uUscQuITMJ._ * trin (ft\ of (^r>/jp Cpp^.j.-.y. *^7_3-fl1 \T.-^ Qr>r>T>pr than tpn Havq ny>f1 nn Infpi- tKan 1-K fJMVQ
8itp tne p&ttent is t&Ken into custody, ft lull and fftip neaPiflg snftll oe nold t& tne court ef the county in which the treatment facility is located te determine whether ef net the p&tiGnt snouid tje nospitsiized &nd tne court rosy issue ftny order ftutnopized undep SUDTM
Section 37-3-81. \v)----if srt sny time during ft period of involuntspy outpatient treatment tne patient
the outpatient service pla-n er that physician's designec may petition the court originally ftpppovin^f tfte involuntflpy treatppienr of tne p&tient OP tne court of tfte county HI wnicn. tne pdtient is ft resident OP wnere tne p&tient wifly i&e round TOP fin order sutfionzing ft
mental health center in charge ef the patient's outpatient treatment plan, tf a physician is ftVftiidDle tnepe TO exsminc tne pfttient, OP to tne nearest emergency receiving facility
an opdep ts issued, tne pdticnt snftll oe delivered TO tne lacility specified m tne opdep, sii&ii oe exfttnined oy ft pnysicisn ftt tfi&t fscility, &nQ msy "Be given sucn emergency OP otner medics* tpefltmenr fts ts indicated uy good medicfli ppflctice. i tic pstient must T&e
inte custody unless the examining physician concludes that, because ef a change in the patient s condition, tne le&st restrictive ditern&11ve wnicn would accomplisn tne tpeflt~ ment goals ts nospitalizfttion of tne pfttient, and unless witnm tiiose four Hours tn&t
brought fer examination, fer an erder requiring the patient te be transported te a treat ment facility pending completion ef a ft*H and fair hearing. If the physician's petitionedfor order is issued, tne pfttient snsii oe tpftnsported, && provided m~ oooe oection 37-8-101, te the treatment facility within eight hours after first being taken inte custody. T-he procedures regarding a patient se ordered te a treatment facility shaM thereafter fee fts provided iw su osection \$t) of tnis t^ode section top pstients so ordered, if tne physician's pctitioncd-for erder is net issued within eight hours after the patient is first

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MIto custody, tftc p&ticw* snctii DC relesscu itinned i fitely irouw custody, out sucti release shall in no way affect any order requiring involuntary outpatient treatment ef
37-3-82. (a) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsec tion (b) of Code Section 37-3-91:
(1) The patient fails without good cause to comply with the outpatient service plan;
(2) The physician in charge of the patient's outpatient treatment determines that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the patient's treatment goals is hospitalization of the patient; or
(3) The conditions described in both paragraphs (1) and (2) of this subsection exist with regard to the patient, the physician in charge of the patient's outpatient treatment may execute a certificate under the conditions specified therefor in subsection (a) of Code Section 37-3-41. In addition to any other requirements, that certificate shall specify those conditions under paragraphs (1), (2), and (3) of this subsection upon which issuance of the certificate is based. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-3-41. (b) With regard to a patient whom the court knows to be required to obtain involun tary outpatient treatment, the court may issue any order authorized under subsection (b) of Code Section 37-3-41 only upon the court's determination, in addition to any other requirement for that order, that such patient has not complied with the involun tary outpatient treatment or that the patient reasonably appears to be an inpatient. 37-3-83. (a) If it is necessary to continue involuntary hospitalization treatment of a hospitalized patient beyond the end of the period during which the treatment facility is currently authorized under this chapter to retain the patient, the chief medical officer prior to the expiration of the period shall seek an order authorizing such continued hoapitafaattoR treatment in the manner provided in this Code section. The chief medi cal officer may seek such an order authorizing continued involuntary treatment involving inpatient treatment, outpatient treatment, or both under the procedures of this Code section and Code Section 37-3-93. (b) If the chief medical officer finds that continued hospitalization involuntary treat ment is necessary (1) for an individual who was admitted while serving a criminal sen tence but whose sentence is about to expire or (2) for an individual who was hospitalized while under the jurisdiction of a juvenile court but who is about to reach the age of 17, the chief medical officer shall seek an order authorizing such continued hospitalization treatment in the manner provided in this Code section; and this chapter shall apply fully to such a patient after that time. (c) A Committee for Continued Hoapitalization Involuntary Treatment Review shall be established by the chief medical officer of each facility hospital and shall consist of not less than three physicians and not less than two other persons of a professional status. The committee may conduct its meetings with a quorum of any three members. The function of this committee shall be to review and evaluate the updated individualized service plan of each patient of the hospital and to report to the chief medical officer its recommendations concerning the patient's need for continued hesiitalization involuntary treatment. No person who has responsibility for the care and treatment of the individual patient for whom continued hospitalization involuntary treatment is requested shall serve on any committee which reviews such individual's case. (d) If the chief medical officer desires to seek an order under this Code section authorizing continued hospitalization involuntary treatment for up to 12 months beyond the expiration of the currently authorized period of hospitalization, he shall first file a notice of such intended action with the Committee for Continued Hospitalization Involuntary Treatment Review, which notice shall be forwarded to the committee at least 60 days prior to the expiration of that period.

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2351

(e) Within ten days of the date of the notice, the committee shall meet to consider the matter of the chief medical officer's intention to seek an order for continued hespitalization involuntary treatment. Prior to the committee's meeting, the patient and his representatives shall be notified of the following: the purpose of such meeting, the time and place of such meeting, their right to be present at such meeting, and their right to present any alternative individualized service plan secured at their expense. In those cases in which the patient will not or cannot appear, at least one member of the committee will make all reasonable efforts to interview the patient and report to the committee. The attending physician shall present an updated individualized service plan for the patient to the committee. The committee shall report to the chief medical officer or his designee, other than the attending physician or a member of the committee, its written recommendations along with any minority recommendations which may also be submitted. Such report will specify whether or not the patient is a mentally ill person requiring involuntary treatment and whether continued hospitalization is the least restrictive alternative available.
(f) If, after considering the committee's recommendations and minority recommenda tions, if any, the chief medical officer or his designee, other than the attending physician or a member of the committee, determines that the patient is not a mentally ill person requiring involuntary treatment, the patient shall be immediately discharged from involuntary hospitalization pursuant to subsection (b) of Code Section 37-3-85.
(g) If, after considering the committee's recommendations and minority recom mendations, if any, the chief medical officer or his designee, other than the attending physician or member of the committee, determines that the patient is a mentally ill person requiring involuntary treatment, he shall, within ten days after receiving the committee's recommendations, serve a petition for an order authorizing continued hespttalization involuntary treatment along with copies of the updated individualized service plan and the committee's report on the designated office within the department and shall also serve such petition along with a copy of the updated individualized service plan on the patient. A copy of the petition shall be served on the patient's representa tives. The petition shall contain a plain and simple statement that the patient or his representatives may file a request for a hearing with a hearing examiner appointed pur suant to Code Section 37-3-84 within 15 days after service of the petition, that the patient has a right to counsel at the hearing, that the patient or his representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that the court will appoint counsel for the patient unless the patient indi cates in writing that he does not desire to be represented by counsel or has made his own arrangements for counsel.
(h) If a hearing is not requested by the patient or the representatives within 15 days of service of the petition on the patient and his representatives, the hearing examiner shall make an independent review of the committee's report, the updated individualized service plan, and the petition. If he concludes that continued hospitalization involuntary treatment may not be necessary or if he finds any member of the committee so con cluded, then he shall order that a hearing be held pursuant to subsection (i) of this Code section. If he concludes that continued hoapitalization involuntary treatment is neces sary, then he shall order continued hospitalization involuntary treatment involving inpatient treatment, outpatient treatment, or both for a period not to exceed one year.
(i) If a hearing is requested within 15 days of service of the petition on the patient and his representatives or if the hearing examiner orders a hearing pursuant to subsec tion (h) or (j) of this Code section, the hearing examiner shall set a time and place for the hearing to be held within 25 days of the time the hearing examiner receives the request but in any event no later than the day on which the current order of involuntary hoapitalization inpatient treatment expires. Notice of the hearing shall be served on the patient, his representatives, the facility, and, when appropriate, on counsel for the patient. The hearing examiner, within his discretion, may grant a change of venue for the convenience of parties or witnesses. Such hearing shall be a full and fair hearing, except that the patient's attorney, when the patient is unable to attend the hearing and
is incapable of consenting to a waiver of his appearance, may move that the patient not

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be required to appear; however, the record shall reflect the reasons for the hearing examiner's actions. After such hearing, the hearing examiner may issue any order which the court is authorized to issue under subsections 4e> and (d) of Code Section 37-3-81 37-3-81.1 and subject to the limitations of that Code Section 37-3-81.1, provided that a patient who is an outpatient who does not meet the requirements for discharge under paragraph (2) of subsection (a) of Code Section 37-3-81.1 shall nevertheless be dis charged and provided that the hearing examiner may order the patient's continued hospitalization inpatient treatment, outpatient treatment, or both for a period not to exceed one year, subject to the power of the chief medical officer to discharge the patient under subsection (b) of Code Section 37-3-85 or under Code Section 37-3-94. In the event that an order approving continued hospitalization is entered for an individual who was admitted while serving a criminal sentence under the jurisdiction of the Department of Corrections, but whose sentence is about to expire, the chief medical offi cer shall serve a copy of that order upon the Department of Corrections within five working days of the issuance of the order.
(j) The hearing examiner for a patient who was admitted under the jurisdiction of the juvenile court and who reaches the age of 17 without having had a full and fair hear ing pursuant to any provisions of this chapter or without having waived such hearing shall order that a hearing be held pursuant to subsection (i) of this Code section.
37-3-84. (a) One or more hearing examiners shall be appointed by the Justices of the Supreme Court to hold the hearings under Code Section 37-3-83. Such hearing examiners shall be members of the State Bar of Georgia and shall be compensated by the department.
(b) The hearing examiners shall have the authority to: (1) Administer oaths and affirmations; (2) Sign and issue subpoenas; (3) Rule upon offers of proof; (4) Regulate the course of the hearing; (5) Provide for the taking of testimony by deposition; (6) Reprimand or exclude from the hearing any person for any indecorous or
improper conduct committed in the presence of the hearing examiner; and
(7) Make all appropriate orders authorized by this chapter.
(c) If a subpoena issued by the hearing examiner is disobeyed, the hearing examiner may apply to the superior court of the county in which the hearing is held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court.
(d) In the event a patient desires counsel in a hearing before the hearing examiner but cannot afford such counsel, the hearing examiner shall apply to the court of the county in which the hearing is held and that court shall appoint counsel for the patient. Payment for such representation shall be made by the county of the patient's legal resi dence.
37-3-85. (a) Each individualized service plan for a patient receiving involuntary inpatient treatment shall be reviewed at regular intervals to determine the patient's progress toward the stated goals and objectives of the plan and to determine whether the plan should be modified because of the patient's present condition. These reviews should be based upon relevant progress notes in the patient's clinical record and upon other related information; and input from the patient should be obtained and utilized where feasible.
(b) Any time a patient receiving involuntary inpatient treatment is found by the chief medical officer no longer to be a mentally ill person requiring involuntary inpatient treatment, the chief medical officer may:
(1) Discharge the patient from involuntary outpatient or inpatient treatment, or Doth; unless the pflwemt is under cpiminfll chftpf*es, notice of which, hfts been given m writing te the facility, m which ease a peace officer front the tew enforcement agency ori|jinfliiy nsvinjj custody of the pfltient sn&ll ~oe recjuired to flssume physics! custody

FRIDAY, MARCH 7, 1986

2353

from the facility into stteh custody; or subject to the conditions of Code Section 37-3-95;
(2) Discharge the patient from involuntary inpatient -treatment and require that the patient obtain available outpatient treatment for the remaining period the patient was to have been required to obtain inpatient treatment, as long as the patient then meets the standards for being discharged to outpatient treatment under paragraph (2) of subsection (a) of Code Section 37-3-81.1 and subject to the conditions of Code Section 37-3-95; or
42} (3) Transfer the patient to voluntary status at the patient's request, as pro vided in Code Section 37-3-24. (c) Notice of the discharge or the transfer of status shall be given to the patient and his representatives; if the patient's hospitalization was authorized by order of a court, to the court which entered such order; and, if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforce ment agency originally having custody of the patient."
Section 5. Said title is further amended by adding immediately following said Part 3 of Chapter 3 thereof a new Part 4 to read as follows:
"Part 4
37-3-90. (a) When a physician at a facility or on behalf of a facility determines and certifies under this article that there is reason to believe a patient admitted to or exam ined at the facility is a mentally ill person requiring involuntary treatment, that physi cian shall further determine and certify whether there is reason to believe the patient is:
(1) An inpatient or outpatient; and (2) If an outpatient, whether:
(A) There is available outpatient treatment; and (B) The patient will likely comply with the outpatient treatment so as to mini mize the likelihood of the patient's becoming an inpatient. (b) Unless otherwise specifically provided, the determination and certification as to paragraphs (1) and (2) of subsection (a) of this Code section shall be made within the time period required for determining whether a patient is a mentally ill person requiring involuntary treatment, except that if such determination is made by a physician at or on behalf of a community mental health center, the determination and certification shall be made within four hours after the patient is examined by the physician. (c) A person determined and certified to be: (1) An outpatient; (2) A person for whom there is available outpatient treatment; and (3) Likely to comply with the outpatient treatment so as to minimize the likeli hood of the patient's becoming an inpatient shall be considered to be in need of involuntary outpatient treatment and not involun tary inpatient treatment for purposes of further proceedings under this article until such time as that person's status is determined to be otherwise pursuant to those proceedings. (d) A person determined and certified to be a mentally ill person requiring involun tary treatment who does not meet all of the requirements of paragraphs (1), (2), and (3) of subsection (c) of this Code section shall be considered to be in need of involuntary inpatient treatment and not involuntary outpatient treatment for purposes of further proceedings under this article until such time as that person's status is determined to be otherwise pursuant to those proceedings. 37-3-91. (a) A person who is in the physical custody of a facility and who is deter mined by a physician, at or on behalf of that facility, to meet all of the outpatient treat ment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90 shall be discharged from that facility as provided in this Code section pending a full and fair hearing or waiver thereof under Code Section 37-3-92. That discharge from a community mental health center shall occur within four hours after the patient is examined by a physician at or on behalf of that center. That discharge from an emer gency receiving facility shall occur within 48 hours after the patient's admission thereto.

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That discharge from an evaluating or treatment facility shall occur no later than the expiration of the time period established under Code Section 37-3-64 for the discharge of a patient determined not to be a mentally ill person requiring involuntary treatment.
(b) Prior to discharging the patient under subsection (a) of this Code section, but within the time period the facility is authorized to retain the patient, the facility at which or on behalf of which the patient was examined, which facility shall be the 'referring facility' for purposes of this part, shall prepare an individualized service plan for the patient. This plan shall be prepared in consultation with the facility at which available outpatient treatment is to be provided the patient, which facility shall be the 'receiving facility' for purposes of this part. The referring facility shall also make arrangements with the receiving facility to provide interim outpatient treatment, in accordance with the individualized service plan, to the patient pending the full and fair hearing or waiver thereof. Nothing in this Code section shall prevent a referring facility for a patient from also being the receiving facility for that patient.
(c) A patient for whom interim outpatient treatment is arranged pursuant to subsec tion (b) of this Code section shall obtain that treatment or be subject to the provisions of Code Section 37-3-82. Written notice of the time, date, place, and address for that interim outpatient treatment shall be provided the patient prior to the patient's dis charge, along with written notification that if the patient does not comply with the interim outpatient treatment or attend or waive a hearing, the time and date of which hearing will later be provided the patient, the patient may be involuntarily admitted for examination, treatment, or both. Notice of the discharge shall be provided to persons other than the patient in the same manner and under the same conditions as required by subsection (c) of Code Section 37-3-43 and subsection (d) of Code Section 37-3-64, and that notice shall also include a notice regarding the interim outpatient treatment and the consequences if the patient does not obtain the treatment or attend or waive the hearing.
(d) Within three days after a referring facility has discharged a patient pursuant to subsection (a) of this Code section, that facility shall transmit to the receiving facility a copy of the referring facility's examination report, individualized service plan, and such other necessary clinical information the referring facility may have regarding the patient. Within five days after receiving such report, plan, and information, the receiving facility shall petition the court of the county in which the patient is located for a full and fair hearing pursuant to Code Section 37-3-92 and include with the petition a copy
of the examination report, the individualized service plan, and the address to which the patient was discharged by the referring facility.
37-3-92. (a) Except when a hearing is waived as provided in this subsection, within
30 days after the filing of the petition under subsection (d) of Code Section 37-3-91, the
court shall hold a full and fair hearing. At least ten days prior to that hearing, the court shall have served on the patient and the patient's representatives the same notices and information required by paragraphs (1) through (4) of subsection (a) of Code Section
37-3-81, as well as a notice that the patient may waive in writing the hearing but if the patient does not either attend or waive the hearing the court may order the patient to
be taken into custody, hospitalized, evaluated, and treated. The patient and representa tives shall have the rights specified in those notices. Hearings held pursuant to this sub section shall be held as provided in Code Section 37-3-81.1, and the court holding the
hearing may issue any order authorized by and subject to the limitations of that Code Section 37-3-81.1.
(b) If the patient is notified of the hearing as required under subsection (a) of this Code section and does not appear at or waive that hearing, absent a showing of good
cause for not appearing, the court may issue an order commanding any peace officer to take such person into custody and deliver that person to an emergency receiving facility or the referring facility if there is a physician available there and this chapter shall
thereafter apply to that patient as though the patient had been admitted to that facility
pursuant to subsection (b) of Code Section 37-3-41. (c) If the hearing is waived as provided in subsection (a) of this Code section, that
hearing shall not be held but the court shall order the patient to obtain available out
patient treatment under the individualized service plan submitted with the petition for hearing.

FRIDAY, MARCH 7, 1986

2355

37-3-93. (a) Pursuant to Code Section 37-3-81.1 or Code Section 37-3-92, the court may order the patient to obtain available outpatient treatment for any period not to exceed one year, but the total period of involuntary treatment required by such order, including inpatient treatment within the limitations of Code Section 37-3-81.1, shall not exceed one year.
(b) If it is necessary to continue available outpatient treatment beyond the period authorized pursuant to subsection (a) of this Code section, at least 60 days prior to the expiration of that period the physician responsible for that treatment, or the person responsible for the patient's treatment under the direction and with approval of the physician shall:
(1) Update the patient's individualized service plan; (2) Prepare a report containing evidence that the patient meets all the require ments for available outpatient treatment under paragraphs (1), (2), and (3) of subsec tion (c) of Code Section 37-3-90; and
(3) Petition the hearing examiners appointed to hold hearings under Code Section 37-3-83 for an order requiring the patient to obtain available outpatient treatment beyond the period previously ordered for the patient.
The petition shall contain a plain and simple statement that the patient or the patient's representatives may file a request for a hearing with a hearing examiner appointed to hold hearings pursuant to Code Section 37-3-83 within 15 days after service of the peti tion, that the patient has a right to counsel at the hearing, that the patient or the patient's representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that the court will appoint counsel for the patient unless the patient indicates in writing that the patient does not desire to be represented by counsel or has made the patient's own arrangements for counsel.
(c) If a hearing is not requested by the patient or the representatives within 15 days of service of the petition on the patient and the patient's representatives, the hearing examiner shall make an independent review of the report, the updated individualized service plan, and the petition. If the hearing examiner concludes from that review that the patient is no longer a mentally ill person requiring involuntary treatment, then that hearing examiner shall order that a hearing be held pursuant to subsection (d) of this Code section. If the hearing examiner concludes that the patient meets all the require ments for available outpatient treatment under paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90, then the hearing examiner shall order continued outpatient treatment for a period not to exceed one year.
(d) If the hearing examiner orders a hearing pursuant to subsection (c) or (e) of this Code section or if a hearing is requested within 15 days of service of the petition on the patient and the patient's representatives, the hearing examiner shall set a time and place for the hearing to be held within 25 days of the time the hearing examiner receives the request but in any event no later than the day on which the current order of involuntary outpatient treatment expires. Notice of the hearing shall be served on the patient, the patient's representatives, the facility providing outpatient treatment for the patient, and, when appropriate, on counsel for the patient. The hearing examiner, within that person's discretion, may grant a change of venue for the convenience of parties or witnesses. Such hearing shall be a full and fair hearing. After such hearing, the hearing examiner may issue any order which the court is authorized to issue under paragraphs (1), (2), and (3) of subsection (a) of Code Section 37-3-81.1 and subject to the limita tions of that Code section. If the patient does not appear at the hearing, absent a show ing of good cause, the hearing examiner may issue any order the court is authorized to issue under subsection (b) of Code Section 37-3-92.
(e) The hearing examiner for a patient who is ordered to obtain available outpatient treatment, who is under the jurisdiction of the juvenile court, and who reaches the age of 17 without having had a full and fair hearing pursuant to any provisions of this arti cle or without having waived such hearing shall order that a hearing be held pursuant to subsection (d) of this Code section.
37-3-94. (a) Each individualized service plan for available outpatient treatment shall be reviewed at regular intervals to determine the patient's progress toward the

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JOURNAL OF THE HOUSE,

stated goals and objectives of the plan and to determine whether the plan should be modified because of the patient's present condition. These reviews should be based upon relevant progress notes in the patient's clinical record and upon other related informa tion; and input from the patient should be obtained and utilized where feasible.
(b) Any time a patient is found by the physician in charge of the patient's outpatient treatment no longer to be a mentally ill person requiring involuntary treatment, that physician shall discharge the patient from further compliance with the treatment.
(c) Notice of the discharge under subsection (b) of this Code section shall be given to the patient and his representatives; to the court which originally ordered such involuntary treatment; and, if the patient was under criminal charges of which the facil ity received written notification, by certified mail to the law enforcement agency orig inally having custody of the patient.
37-3-95. Notwithstanding any other provisions of any part of this article, a patient under criminal charges, notice of which has been given in writing to the facility, may only be discharged from the physical custody of a facility if the facility, by certified mail, provides written notification of the proposed discharge to the law enforcement agency originally having custody of the patient and the patient is discharged into the physical custody of a peace officer from that agency. That agency shall be required to assume such physical custody within five days after receipt in writing of the notification of proposed discharge."
Section 6. Said title is further amended by striking Code Section 37-7-1, relating to definitions regarding treatment of alcoholics, drug dependent individuals, and drug abusers, and inserting in its place a new Code section to read as follows:
"37-7-1. As used in this chapter, the term: (1) 'Alcoholic* means a person who habitually lacks self-control as to the use of
alcoholic beverages or who uses alcoholic beverages to the extent that his health is substantially impaired or endangered or his social or economic function is substan tially disrupted.
(2) 'Alcoholic beverages' means alcoholic spirits, liquors, wines, beers, and every liquid or fluid, patented or not, containing alcoholic spirits, wine, or beer or any other liquid or fluid containing alcohol in any form and producing intoxication in any form or to any degree.
{3)--'Alcoholic, ditjf dependent individual, or drag abeser requiring involuntary treatment' means ft person who is an alcoholic, dmg dependent individual, or a dwg QDuseF \AJ who presents d 3uust&n11AI FISK ot imminent iifLfiu to inmseii 'Of owicr9 "fts
ppesetrt ft proDftbi11ty of pnysicfll injury to nimseii OP to other personsj or ID'/ wfto ts incapacitated by alcohol or dtttgs en a recurring basis?
(3) 'Alcoholic, drug dependent individual, or drug abuser requiring involuntary treatment' means a person who is an inpatient or an outpatient.
(3.1) 'Available outpatient treatment' means outpatient treatment, either public or private, available in the patient's community, including but not limited to supervision and support of the patient by family, friends, or other responsible persons in that community. Outpatient treatment at state expense shall be available only within the limits of state funds specifically appropriated therefor.
(4) 'Chief medical officer' means the physician with overall responsibility for patient treatment at any facility receiving patients under this chapter or a physician appointed in writing as the designee of such chief medical officer.
(5) 'Clinical record' means a written record pertaining to an individual patient and shall include all medical records, progress notes, charts, admission and discharge data, and all other information which is recorded by a facility which pertains to the patient's hospitalization and treatment. Such other information as may be required by rules and regulations of the board shall also be included.
(6) 'Community mental health center' means an organized program for the care and treatment of alcoholics, drug dependent individuals, or drug abusers operated by a county board of health or a similar such program recognized by a county board of

FRIDAY, MARCH 7, 1986

2357

health or the Department of Human Resources and shall include ambulatory day detoxification centers, methadone treatment centers, and drug counseling centers.
(7) 'Court' means: (A) In the case of an individual who is 17 years of age or older, the probate
court for the county of residence of the patient or the county in which such patient is found. Notwithstanding Code Section 15-9-13, in any case in which the judge of the probate court is unable to hear a case brought under this chapter within the time required for such hearing or is unavailable to issue the order specified in sub section (b) of Code Section 37-7-41, the judge shall appoint a person to serve and exercise all the jurisdiction of the probate court in such case. Any person so appointed shall be a member of the State Bar of Georgia and be otherwise qualified for his duties by training and experience. Such appointment may be made on a case-by-case basis or by making a standing appointment of one or more persons. Any person receiving such a standing appointment shall serve at the pleasure of the judge making the appointment or his successor in office to hear such cases if and when necessary. The compensation of a person so appointed shall be as agreed upon by the judge who makes the appointment and the person appointed and as approved by the governing authority of the county for which such person is appointed and shall be paid from the county funds of the county. All fees collected for the services of such appointed person shall be paid into the general funds of the county served; or
(B) In the case of an individual who is under the age of 17 years, the juvenile court of the county of residence of the patient or the county in which the patient is found.
(8) 'Drug dependent individual' or 'drug abuser' means a person who habitually lacks self-control as to the use of opium, heroin, morphine, or any derivative or syn thetic drug of that group, barbiturates, other sedatives, tranquilizers, amphetamines, lysergic acid diethylamide or other hallucinogens, or any drug, dangerous drug, nar cotic drug, marijuana, or controlled substance, as defined in Article 2 or Article 3 of Chapter 13 of Title 16 or Chapter 3 of Title 26; or a person who uses such drugs to the extent that his health is substantially impaired or endangered or his social or eco nomic function is substantially disrupted; provided, however, that no person shall be deemed a drug dependent individual or abuser solely by virtue of his taking, according to directions, any such drugs pursuant to a lawful prescription issued by a physician in the course of professional treatment for legitimate medical purposes.
(9) 'Emergency receiving facility' means a facility designated by the department to receive patients under emergency conditions as provided in Part 1 of Article 3 of this chapter.
(10) 'Evaluating facility' means a facility designated by the department to receive patients for evaluation as provided in Part 2 of Article 3 of this chapter.
(11) 'Facility' means any state owned or state operated hospital, community mental health center, or other facility utilized for the diagnosis, care, treatment, or hospitalization of persons who are alcoholics, drug dependent individuals, or drug abusers and any other hospital or facility within the State of Georgia approved for such pur pose by the department.
(12) 'Full and fair hearing' or 'hearing' means a proceeding before a hearing exam iner under Code Section 37-7-83 or Code Section 37-7-93 or before a court as defined in paragraph (7) of this Code section. The hearing may be held in a regular courtroom or in an informal setting, in the discretion of the hearing examiner or the court, but the hearing shall be recorded electronically or by a qualified court reporter. The patient shall be provided with effective assistance of counsel. If the patient cannot afford counsel, the court shall appoint counsel for him or the hearing examiner shall have the court appoint such counsel; provided, however, that the patient shall have the right to refuse in writing the appointment of counsel, in the discretion of the hear ing examiner or the court. The patient shall have the right to confront and cross-exa mine witnesses and to offer evidence. The patient shall have the right to subpoena witnesses and to require testimony before the hearing examiner or in court in person

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or by deposition from any physician upon whose evaluation the decision of the hearing examiner or the court may rest. The patient shall have the right to obtain a continu ance for any reasonable time for good cause shown. The hearing examiner and the court shall apply the rules of evidence applicable in civil cases. The burden of proof shall be upon the party seeking treatment of the patient. The standard of proof shall be by clear and convincing evidence. At the request of the patient, the public may be excluded from the hearing. The patient may waive his right to be present at the hear ing, in the discretion of the hearing examiner or the court. The reason for the action of the court or hearing examiner in excluding the public or permitting the hearing to proceed in the patient's absence shall be reflected in the record.
(13) 'Incapacitated by alcohol er drugs' means- that a person, as- a- result ef- the use ef alcohol ef drugs, exhibits life-threatening tevete ef intoxication, withdrawal er Hnmi-
of dru9 to the extent thflt ftc w incflpfl Die or c&Fin^ for iiimseii or protecting inmseii ke te the continued consumption thereof.
(13) 'Incapacitated by alcohol and drugs' means that a person, as a result of the use of alcoholic beverages, any drug, or any other substances listed in paragraph (8) of this Code section, exhibits life-threatening levels of intoxication, withdrawal, or imminent danger thereof, or acute medical problems; or is under the influence of alcoholic bever ages or drugs or any other substances listed in paragraph (8) of this Code section to the extent that the person is incapable of caring for himself or protecting himself due to the continued consumption or use thereof.
(14) 'Individualized treatment plan' means a proposal developed during a patient's stay in a facility and which is specifically tailored to the individual patient's treatment needs. Each plan shall clearly include the following:
(A) A statement of treatment goals or objectives based upon and related to a proper evaluation, which can be reasonably achieved within a designated time inter val;
(B) Treatment methods and procedures to be used to obtain these goals, which methods and procedures are related to these goals and which include a specific prognosis for achieving these goals;
(C) Identification of the types of professional personnel who will carry out the treatment and procedures, including appropriate medical or other professional involvement by a physician or other health professional properly qualified to fulfill legal requirements mandated under state and federal law;
(D) Documentation of patient involvement and, if applicable, the patient's accordance with the treatment plan; and
(E) A statement attesting that the chief medical officer has made a reasonable effort to meet the plan's individualized treatment goals in the least restrictive envi ronment possible closest to the patient's home community. (14.1) 'Inpatient' means a person who is an alcoholic, a drug dependent individual, or a drug abuser and:
(A) (i) Who presents a substantial risk of imminent harm to that person or others, as manifested by either recent overt acts or recent expressed threats of violence which present a probability of physical injury to that person or other per sons; or
(ii) Who is incapacitated by alcoholic beverages, drugs, or any other sub stances listed in paragraph (8) of this Code section on a recurring basis; and (B) Who is in need of involuntary inpatient treatment. (14.2) 'Inpatient treatment' or 'hospitalization' means a program of treatment for alcoholics, drug dependent individuals, or drug abusers within a hospital facility setting. (14.3) 'Involuntary treatment' means inpatient or outpatient treatment which a patient is required to obtain pursuant to this chapter. (15) 'Least restrictive alternative,' 'least restrictive alternative placement,' 'least restrictive environment,' or 'least restrictive appropriate care and treatment' means that which is the least restrictive available alternative, placement, environment, or

FRIDAY, MARCH 7, 1986

2359

care and treatment, as appropriate respectively, within the limits of state funds spe cifically appropriated therefor.
(15.1) 'Outpatient' means a person who is an alcoholic, drug dependent individual, or drug abuser and:
(A) Who is not an inpatient but who, based on the person's treatment history or recurrent lack of self-control regarding the use of alcoholic beverages, drugs, or any other substances listed in paragraph (8) of this Code section, will require out patient treatment in order to avoid predictably and imminently becoming an inpa tient;
(B) Who because of the person's current mental state and recurrent lack of selfcontrol regarding the use of alcoholic beverages, drugs, or any other substances listed in paragraph (8) of this Code section or nature of the person's alcoholic behavior or drug dependency or drug abuse is unable voluntarily to seek or comply with outpatient treatment; and
(C) Who is in need of involuntary treatment. (15.2) 'Outpatient treatment' means a program of treatment for alcoholics, drug dependent individuals, or drug abusers outside a hospital facility setting which includes, without being limited to, medication and prescription monitoring, individual or group therapy, day or partial programming activities, case management services, and other services to alleviate or treat the patient's lack of self-control regarding the use of alcoholic beverages, drugs, or any other substances listed in paragraph (8) of this Code section so as to maintain the patient's semi-independent functioning and to prevent the patient's becoming an inpatient. (16) 'Patient' means any alcoholic, drug dependent individual, or drug abuser who seeks treatment under this chapter or any person for whom such treatment is sought. (17) 'Private facility' means any hospital facility that is a proprietary hospital or a hospital operated by a nonprofit corporation or association approved for the purposes of this chapter and a hospital facility operated by a hospital authority created pur suant to Article 4 of Chapter 7 of Title 31. (18) 'Representatives' means the persons appointed as provided in Code Section 37-7-147 to receive notice of the proceedings for hospitalization voluntary or involun tary treatment. (19) 'Superintendent' means the chief administrative officer who has overall man agement responsibility at any facility receiving patients under this chapter or an indi vidual appointed as the designee of such superintendent. (20) 'Treatment' means the broad range of emergency, outpatient, intermediate, and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psy chological, and social service care, vocational rehabilitation, and career counseling, which may be extended to alcoholics, intoxicated persons, drug dependent individuals, and drug abusers. (21) 'Treatment facility' means a facility designated by the department to receive patients for treatment as provided in Part 3 of Article 3 of this chapter."
Section 7. Said title is further amended by striking Code Sections 37-7-43 and 37-7-44, relating to examination of alcoholics, drug dependent individuals, and drug abusers after emergency admission and notices relating thereto, and inserting in their place the following new Code sections to read as follows:
"37-7-43. (a) A patient who is admitted to an emergency receiving facility shall be examined by a physician as soon thereafter as possible but in any event within 48 hours and may be given such emergency treatment as is indicated by good medical practice. The patient must be released discharged within 48 hours of his admission unless:
(1) The examining physician concludes that there is reason to believe that the patient may be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and executes a certificate to that effect within such time; or
(2) The patient is under criminal charges, notice of which has been given in writ ing to the facility, in which case a peace officer from the law enforcement agency orig-
sucri pftticnt within live dftys filter ttic niftiiing or notification to tnc fluency pursuftnt

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te subsection (e) of this Code section and such patient may only be released from the facility mte saeh custody the provisions of Code Section 37-7-95 shall apply. Nothing in this chapter shall be construed to prohibit a physician who previously exe cuted a certificate authorized by the provisions of this chapter from executing any other certificate provided for herein in this chapter for the same or any other patient. (b) Within 24 hours of the execution of the physician's certificate under paragraph (1) of subsection (a) of this Code section, the patient shall be transported, as provided in Code Section 37-7-101, to an evaluating facility where he shall be received pursuant to Code Section 37-7-63 unless the patient has been determined and certified to meet all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90, in which event the patient shall be discharged under the conditions provided in Code Section 37-7-91, except that if the patient is under criminal charges, notice of which has been given in writing to the facility, the provisions of Code Section 37-7-95 shall apply. (c) Notice of any proposed discharge shall be given to the patient and his representa tives; if the patient was admitted to the facility under subsection (a) of Code Section 37-7-41, to the physician who executed the certificate; if the patient was admitted to the facility under subsection (b) of Code Section 37-7-41, to the court which issued the order; and if the patient was under criminal charges, written notice of which had been given to the facility, by certified mail to the law enforcement agency originally having custody of the patient. 37-7-44. (a) Immediately upon arrival of a patient at an emergency receiving facility under Code Section 37-7-41 37-7-43, the facility shall give the patient written notice of his right to petition for a writ of habeas corpus or for a protective order under Code Section 37-7-148. This written notice shall also inform the patient that he has a right to legal counsel and that, if the patient is unable to afford counsel, the court will appoint counsel. (b) The notice informing the patient's representatives of the patient's hospitalization in an emergency receiving facility shall include a clear notification that the representa tives may petition for a writ of habeas corpus or for a protective order under Code Section 37-7-148."
Section 8. Said title is further amended by striking Code Section 37-7-64, relating to detention of alcoholics, drug dependent individuals, and drug abusers, and inserting in its place a new Code section to read as follows:
"37-7-64. (a) A patient who has been admitted to an evaluating facility pursuant to Code Section 37-7-43 <w , 37-7-632 or subparagraph (a)(3)(B) of Code Section 37-7-81 may be detained for a period not to exceed five days, Saturdays, Sundays, and holidays excluded. The patient shall be discharged upon a finding that neither hospitalization nef further detention for evaluation is required bat; the patient is not an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment or upon a find ing and certification that the patient meets all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90, in which event a patient meeting those outpatient treatment requirements shall be discharged under the conditions provided in Code Section 37-7-91 but, in any event, upon the expiration of the five-day evaluation period unless:
(1) Within that period: (A) The patient is admitted as a voluntary patient under Code Section 37-7-20;
or (B) The patient is admitted as a for involuntary patient inpatient treatment
under Code Section 37-7-81; or (2) The patient is under criminal charges, notice of which has been given in writ ing to the facility, in which case the peace officer from the law enforcement agency
of such patient witnm five days alter the mairtft^ 'Of no111ICQtion "to the fluency purTM suant to su Dsection \u~7 of tni9 Oode section ftnet suet) patient mifly only De released from the facility mto such custody the provisions of Code Section 37-7-95 shall apply.

FRIDAY, MARCH 7, 1986

2361

(b) If hospitalization appears desirable, the staff physicians of the evaluating facility shall encourage the patient to apply for voluntary hospitalization unless the attending physician finds that the patient is unable to understand the nature of voluntary hospi talization, that voluntary hospitalization would be harmful to the patient, or that the patient is determined to be an alcoholic, a drug dependent individual, or a drug abuser in need of involuntary treatment, which finding shall be entered in the patient's record.
(c) If, after evaluation of the patient, it is determined by the chief medical officer that proceedings for involuntary treatment of the patient should be initiated pursuant to Code Section 37-7-81 or pursuant to Part 4 of this article, the chief medical officer shall direct that an individualized treatment plan be developed for that patient during the five-day period that he is detained for evaluation in the facility.
(d) Notice of the discharge shall be given to the patient and his representatives; to the person who filed the petition; if the patient was admitted to the evaluating facility from an emergency receiving facility under Code Section 37-7-43, to the physician who executed the certificate or to the court which issued the order pursuant to Code Section 37-7-41; if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient; and, if the patient was admitted to the evaluating facility under Code Section 37-7-62, to the court that ordered the evaluation."
Section 9. Said title is further amended by striking Part 3 of Article 3 of Chapter 7 thereof, relating to treatment facilities for alcoholics, drug dependent individuals, and drug abusers, and inserting in its place a new Part 3 to read as follows:
"Part 3
37-7-80. Any state owned or state operated facility may be designated by the depart ment as a treatment facility. The department shall maintain a treatment facility at each regional hospital which shall accept patients found in any county in the service region of the hospital. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of the facility.
37-7-81. (a) The patient may be detained at a facility beyond the evaluation period unless voluntary hospitalization is sought under subparagraph (a)(l)(A) of Code Section 37-7-64 only upon the recommendation of the chief medical officer of an evaluating facility where the patient has been examined under Part 2 of Article 3 of this chapter, which recommendation is supported by the opinions of two physicians who have person ally examined the patient within the preceding five days and who agree that the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment but who does not meet the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90. Such recommendation of the chief medical officer and the opinions of the physicians shall be entered on a certificate. The certificate shall be filed along with a petition for a hearing in the court of the county in which the patient is being detained for evaluation. Nothing in this chapter shall be construed to prohibit a physician or a chief medical officer who has previously executed any other certificate authorized by the provisions of this chapter from execut ing a certificate provided for in this Code section for the same or any other patient. The certificate and petition shall be filed within five days, Saturdays, Sundays, and holidays excluded, after the patient is admitted to a facility for evaluation under Code Section 37-7-63. Such filing shall authorize the detention of the patient by the facility pending completion of a full and fair hearing under this Code section. Copies of the certificate shall be served on the patient and his representatives within five days after the certif icate is filed and shall be accompanied by:
(1) A notice that a hearing will be held and the time and place thereof; (2) A notice that the patient has a right to counsel, that the patient or his repre sentatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that in such case the court will appoint counsel for the patient unless the patient indicates in writing that he does not desire to be repre sented by counsel;

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(3) A copy of the individualized treatment plan developed by the facility under this chapter shall be sent to the patient and shall be sent to the patient's representa tive if requested by such representative. Notice of the right to receive such plan shall be given to the representatives at the time the treatment plan is sent to the patient;
(4) A notice that the patient has a right to be examined by a physician of his own choice at his own expense and to have that physician submit a suggested treatment plan for the patient which conforms with the requirements of paragraph (14) of Code Section 37-7-1; and
(5) A notice that the patient may waive in writing the hearing described in subsec tion (c) of this Code section. (b) If the hearing is waived, the certificate shall serve as authorization for the patient to begin treatment under the terms of the individualized treatment plan; and the chief medical officer of the facility where the patient is located shall be responsible for the supervision of the treatment plan.
ft petition tiled under subsection \ft/ of this Oode section, trie court snail hold 8 lull and tflip hearing no sooner thftn seven days flnd no later than xif days alter tne petition ift
tat alcoholic, a drug dependent individual, or a drag abaser requiring involuntary treatmentj out tne hearing nifty DC waived m writing ~cjy tne patient. At sucn hearing, rt tne
court shall enter an efdef that the patient be immediately discharged. If the court finds that the patient is an alcoholic, a drug dependent individual, er a drag abuscr requiring involuntary treatment, the court shall determine, based upon cither the individualized
facility in conjunction with and in agreement with the physician te be responsible fef tne outpatient c&re or tne individualized treatincnt plan proposed Dy tne physician
which is an alternative te hospitalization. If- the court finds that an alternative eatpatient program exists, that such ft ppogPSm meets tne requirement's top an individualized treatment plan, and that, ander saeh a program, the danger presented fey
patient te comply with the treatment plan. If the court concludes from the evidence that tne lesst restrictive alternative which would flccomp11sn tne trestment goals is* nospiTM

ment*. IT tne court shall tind, based upon tne evidence, that tne accomplishment ot tne treatfnent goals lor tne patient recjuires some limited period ot fiosp11fllizs11on toiiowefl by treatment as an outpatient in a community mental health center, then th eeart may
\fxj--TT tne court copicitiues tnst tne pfttient ts Hit need or mvoluntftpy tre81menrf it sftsil msKe t Hidings or iflct &nd conclusions or fftw itt support ot tftst conclusion &s pftPt ef its final order. The court may order the hospitalization ef any patient admitted ander
cruel medtcdi oilicep to disen8pge tne pfttient under subsection ^D/ or Oode oection o I ~"r"Oo. IT continued nospitfllizdtion ts necessftpy ftt tne end ot tndt period1^ tne cniet medical officer shaH apply fer an erdef authorizing such continued hospitalization tmder \jOde i&ection o / TM ( moo, i. ne court mfly order tne involuntflry outpstient tredtment ot 0
months, out QT 8ny tiwie tnftt pstient is tound by tne outp&11ent trestmg pnysiciftn no longer te require involuntary outpatient treatment under the standards therefor in sabsection \e/ or this Oode section, thst pnysici&n msy dischsrge tne pstient tront such
fiprtinn .S7-7-fifi
(c) In any case in which a patient is retained in an evaluating facility pursuant to a petition filed under subsection (a) of this Code section, the court shall hold a full and

FRIDAY, MARCH 7, 1986

2363

__ __ _ provided in Code Section 37-7-81.1 unless the hearing is waived in writ ing by the patient. The hearing shall be held no sooner than seven days and no later than 12 days after the petition is filed with the court.
37-7-81.1. (a) At those hearings required under subsection (c) of Code Section 37-7-81 and subsection (a) of Code Section 37-7-92, the court shall determine whether the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and, if so, whether the patient is an inpatient or outpatient and, unless otherwise provided in this subsection, the type of involuntary treatment the patient should be ordered to obtain. At such hearing, if the court determines:
(1) That the patient is not an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, the court shall order that the patient be immediately discharged;
(2) That the patient is an outpatient, the court shall further determine, based upon either the individualized treatment plan required to be prepared under subsec tion (c) of Code Section 37-7-64 or subsection (b) of Code Section 37-7-91 or the individualized treatment plan proposed by the physician chosen by the patient, whether there is available outpatient treatment for the patient which meets the requirements of the plan chosen by the court and whether the patient will likely obtain that treatment so as to minimize the likelihood of the patient's becoming an inpatient. If the court determines that there is such available outpatient treatment which the patient will likely obtain so as to minimize the likelihood of the patient's becoming an inpatient, then the court shall order the patient to obtain that treatment and shall discharge the patient subject to such order;
(3) That the patient is an outpatient who does not meet the requirements for dis charge under paragraph (2) of this subsection and:
(A) The hearing under this subsection was required by subsection (c) of Code Section 37-7-81, the court shall order that the patient be discharged; or
(B) The hearing under this subsection is required by subsection (a) of Code Section 37-7-92, the court shall order that the patient be admitted to an evaluating facility, and this chapter shall thereafter apply to that patient as though the patient had been admitted to that facility pursuant to Code Section 37-7-62; or
(4) That the patient is an inpatient, the court shall order that the patient shall be transported to a treatment facility where the patient shall be admitted for care and treatment, which order may also require that a period of such inpatient treatment be followed by available outpatient treatment if there is such outpatient treatment which will meet the requirements of the patient's individualized service plan and the patient will likely obtain the treatment so as to minimize the likelihood of the patient's becoming an inpatient. (b) If the court at a hearing under subsection (a) of this Code section concludes that the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, it shall make findings of fact and conclusions of law in support of that conclusion as part of its final order. (c) The court may order the hospitalization of any patient pursuant to paragraph (4) of subsection (a) of this Code section for any period not to exceed six months, subject to the power of the chief medical officer to discharge the patient under subsection (b) of Code Section 37-7-85. If continued hospitalization is necessary at the end of that period, the chief medical officer shall apply for an order authorizing such continued hospitalization under Code Section 37-7-83. (d) The court may order the patient to obtain available outpatient treatment under the additional conditions specified in Code Section 37-7-93 and 37-7-94. 37-7-82.--(a)--If at any time daring a period of involuntary outpatient treatment the pliy91cidn tR crisrgc of wie pstient s trediment determines tnflt, DecftusG of ft criQn^G m
treatment geate is hospitalization ef-the patient, then the treating physician or the chief medical officer ef the facility may petition the court originally approving the involuntary trefltment of tne pdtteRt or tne court of trie county m wnicii trie pstient ts ft resident/

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into custody And to deliver him torthwith to tne tpeAtment tAcility
tion OT tile court, such An order js issued) the chiei medics! olticep shAll submit to trie court OT the county m which the tfeettment tAciiity is locAtecr An updAted mdividuAhzed treHtmGUI piAn tor tne porient. oopies or sucn petition shAii DC served upon tne pAticnt an4 his rcprcacntativcs within five days after the patient is taken into custody pursuant to sucn opdep And 9nAil oe ftccomp&nied by ft copy of tne updAted pisn fts provided tor in paragraph {3} ef subsection {a} ef Code Section 37-7-81 and these items required by paragraphs ^ {&-, {ty, and {6} ef subsection {a) of ede Section 37-7-81. No seener triQ.ii ten dsys And no ifltef tn&n TO dAys Alter tne pAtient is 'token into custody, ft tull And icur ncflnng shAii DC held tn tne court of tne county m which tne treAtment tACiiity is located te determine whether er not the patient should be hospitalized and the court may issue any order authorized ander subsection {e} of Gede Section 37-7-81, subject te the limitations of aubscction {d> of ede Section 37-7-81.
\OT tr ftt flny time during ft period ot invoiuntflpy outp&ttent tre&tment tne p&ticnt I8ii9 of Fetuses to compry witn tne outpfltlent service pl&n^ tne pnysicisn m chflp^e of the outpatient service plan r that physician's designcc may petition the eettft originally upproving tne invoiuntflry tPC&tment of tne p&tietit or tne court of tne county m wnicn
peace officer te take the patient and immediately deliver the patient te the community mcntfli nesitn center tn cn&p^e of tne pfltient s outpfltlent treatment pi&n^ tf ft pnysicifln
tne county tn wnicn tne pstient is round, xf in tne dtseretion of tne court sucn order is issued^ tne pstient snftii i&e delivePCd to tne iftciiity specified m tne order,
Gx&mined oy ft pnysicion ftt tnflt i&ciiity, And msy i&e given sucn emergency of otnep medicAi tpeAtment AS ts indic&ted oy good medicAl pPACtice. x ne pAtient must toe rcieftsed ipom tne custody of tne exAmining tAciiity witnin IOUP noups Alter being tflHen into custody unless tne GXAniming pnysiciAn conciudes tnAt, DccAuse of ft ensnge "in tne patient's condition, the least restrictive alternative which wetrid accomplish the treatment goAis ts hospit AiiAtion of tne pAtientj &nd unless witnin those IOUP hours tn&t pnysici An petitions tne court, which court issued the ordep PCQuiping the pftttent oc brought (or examination, for an erder requiring the patient te be transported te a treat ment facility pending completion ef a ftiH and fair hearing, tf the physician's petitioned for order is issued, the pAtient shAll oe~ tPAnspopted, fts~ provided ift Oode section 37-7-101, te the treatment facility within eight hears after first being taken hrte custody. T-he procedures regarding a patient se ordered te a treatment facility shaH thereafter be fts provided tn subsection \ftj of this oode section fop pAtients so ordered. Tf the physician's pctitioned-for erder is net issued within eight hews after the patient is first tAKen into custody^ tnc pAtient snflii be reieAsed immediAteiy ipom custody, but sucn peieAse shAii tn no WAy &tiect Any ordep peQuinng involuntftfy outpfttie^nt tpe&tment of the pfltient.
37-7-82. (a) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsec tion (b) of Code Section 37-7-91:
(1) The patient fails without good cause to comply with the outpatient treatment plan;
(2) The physician in charge of the patient's outpatient treatment determines that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the patient's treatment goals is hospitalization of the patient; or
(3) The conditions described in both paragraphs (1) and (2) of this subsection exist with regard to the patient, the physician in charge of the patient's outpatient treatment may execute a certificate under the conditions specified therefor in subsection (a) of Code Section 37-7-41. In addition to any other requirements, that certificate shall specify those conditions under paragraphs (1), (2), and (3) of this subsection upon which issuance of the certificate is based. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-7-41.

FRIDAY, MARCH 7, 1986

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(b) With regard to a patient whom the court knows to be required to obtain involuntery outpatient treatment, the court may issue any order authorized under subsection (b) of Code Section 37-7-41 only upon the court's determination, in addition to any other requirement for that order, that such patient has not complied with the involun tary outpatient treatment or that the patient reasonably appears to be an inpatient.
37-7-83. (a) If it is necessary to continue involuntary hospitalization treatment of a hospitalized patient beyond the end of the period during which the treatment facility is currently authorized under this chapter to retain the patient, the chief medical officer prior to the expiration of the period, shall seek an order authorizing such continued hoapitalizntion treatment in the manner provided in this Code section. The chief medi cal officer may seek such an order authorizing continued involuntary treatment involving inpatient treatment, outpatient treatment, or both under the procedures of this Code section and Code Section 37-7-93.
(b) If the chief medical officer finds that continued hospitalization involuntary treat ment is necessary (1) for an individual who was admitted while serving a criminal sen tence but whose sentence is about to expire or (2) for an individual who was hospitalized while under the jurisdiction of a juvenile court but who is about to reach the age of 17, the chief medical officer shall seek an order authorizing such continued hospitalization treatment in the manner provided in this Code section; and this chapter shall apply fully to such a patient after that time.
(c) A Committee for Continued Hospitalization Involuntary Treatment Review shall be established by the chief medical officer of each facility hospital and shall consist of not less than three physicians and not less than two other persons of a professional status. The committee may conduct its meetings with a quorum of any three members. The function of this committee shall be to review and evaluate the updated individualized treatment plan of each patient of the hospital and to report to the chief medical officer its recommendations concerning the patient's need for continued hespitalization involuntary treatment. No person who has responsibility for the care and treatment of the individual patient for whom continued hospitalization involuntary treatment is requested shall serve on any committee which reviews such individual's case.
(d) If the chief medical officer desires to seek an order under this Code section authorizing continued hoapitalization involuntary treatment for up to 12 months beyond the expiration of the currently authorized period of hospitalization, he shall first file a notice of such intended action with the Committee for Continued Hospitnlization Involuntary Treatment Review, which notice shall be forwarded to the committee at least 60 days prior to the expiration of that period.
(e) Within ten days of the date of the notice, the committee shall meet to consider the matter of the chief medical officer's intention to seek an order for continued hespttalization involuntary treatment. Prior to the committee's meeting, the patient and his representatives shall be notified of the following: the purpose of such meeting, the time and place of such meeting, their right to be present at such meeting, and their right to present any alternative individualized treatment plan secured at their expense. In those cases in which the patient will not or cannot appear, at least one member of the committee will make all reasonable efforts to interview the patient and report to the committee. The attending physician shall present an updated individualized treatment plan for the patient to the committee. The committee shall report to the chief medical officer or his designee, other than the attending physician or a member of the commit tee, its written recommendations along with any minority recommendations which may also be submitted. Such report will specify whether or not the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and whether continued hospitalization is the least restrictive alternative available.
(f) If, after considering the committee's recommendations and minority recommenda tions, if any, the chief medical officer or his designee, other than the attending physician or a member of the committee, determines that the patient is not an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, the patient shall be immediately discharged from involuntary hospitalization pursuant to subsection (b)

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of Code Section 37-7-85. Such person may apply for voluntary admission pursuant to Code Section 37-7-24.
(g) If after considering the committee's recommendations and minority recommenda tions, if any, the chief medical officer or his designee, other than the attending physician or member of the committee, determines that the patient is an alcoholic, a drug depend ent individual, or a drug abuser requiring involuntary treatment, he shall, within ten days after receiving the committee's recommendations, serve a petition for an order authorizing continued hospitalization involuntary treatment along with copies of the updated individualized treatment plan and the committee's report on the designated office within the department and shall also serve such petition along with a copy of the updated individualized treatment plan on the patient. A copy of the petition shall be served on the patient's representatives. The petition shall contain a plain and simple statement that the patient or his representatives may file a request for a hearing with a hearing examiner appointed pursuant to Code Section 37-7-84 within 15 days after
service of the petition, that the patient has a right to counsel, that the patient or his representatives may apply immediately to the court to have counsel appointed if the
patient cannot afford counsel, and that the court will appoint counsel for the patient unless the patient indicates in writing that he does not desire to be represented by coun sel or has made his own arrangements for counsel.
(h) If a hearing is not requested by the patient or the representatives within 15 days of service of the petition on the patient and his representatives, the hearing examiner
shall make an independent review of the committee's report, the updated individualized treatment plan, and the petition. If he concludes that continued hospitalization involun
tary treatment may not be necessary or if he finds any member of the committee so con cluded, then he shall order that a hearing be held pursuant to subsection (i) of this Code section. If he concludes that continued hospitalization involuntary treatment is neces
sary, then he shall order continued hospitalization involuntary treatment involving inpatient treatment, outpatient treatment, or both for a period not to exceed one year.
(i) If a hearing is requested within 15 days of service of the petition on the patient
and his representatives or if the hearing examiner orders a hearing pursuant to subsec tion (h) or ^i) of this Code section, the hearing examiner shall set a time and place for
the hearing to be held within 25 days of the time the hearing examiner receives the request but in any event no later than the day on which the current order of involuntary
hospitalization inpatient treatment expires. Notice of the hearing shall be served on the patient, his representatives, the facility, and, when appropriate, on counsel for the
patient. The hearing examiner, within his discretion, may grant a change of venue for the convenience of parties or witnesses. Such hearing shall be a full and fair hearing,
except that the patient's attorney, when the patient is unable to attend the hearing and is incapable of consenting to a waiver of his appearance, may move that the patient not
be required to appear; however, the record shall reflect the reasons for the hearing examiner's actions. After such hearing, the hearing examiner may issue any order which the court is authorized to issue under subsections te) and {d} ef- Code Section 37-7-81
37-7-81.1 and subject to the limitations of that Code Section 37-7-81.1, provided that a patient who is an outpatient who does not meet the requirements for discharge under
paragraph (2) of subsection (a) of Code Section 37-7-81.1 shall nevertheless be dis charged and provided that the hearing examiner may order the patient's continued
hospitalization inpatient treatment, outpatient treatment, or both for a period not to exceed one year, subject to the power ef the chief medical officer to discharge the
patient under subsection (b) of Code Section 37-7-85 or under Code Section 37-7-94. In the event that an order approving continued hospitalization is entered for an individual
who was admitted while serving a criminal sentence under the jurisdiction of the Department of Corrections, but whose sentence is about to expire, the chief medical offi
cer shall serve a copy of that order upon the Department of Corrections within five working days of the issuance of the order.
(j) The hearing examiner for a patient who was admitted under the jurisdiction of
the juvenile court and who reaches the age of 17 without having had a full and fair hear ing pursuant to any provisions of this chapter or without having waived such hearing
shall order that a hearing be held pursuant to subsection (i) of this Code section.

FRIDAY, MARCH 7, 1986

2367

37-7-84. (a) One or more hearing examiners shall be appointed by the Justices of the Supreme Court to hold the hearings under Code Section 37-7-83. Such hearing examiners shall be members of the State Bar of Georgia and shall be compensated by the department.
(b) The hearing examiners shall have the authority to: (1) Administer oaths and affirmations; (2) Sign and issue subpoenas; (3) Rule upon offers of proof; (4) Regulate the course of the hearing; (5) Provide for the taking of testimony by deposition; (6) Reprimand or exclude from the hearing any person for any indecorous or
improper conduct committed in the presence of the hearing examiner; and (7) Make all appropriate orders authorized by this chapter.
(c) If a subpoena issued by the hearing examiner is disobeyed, the hearing examiner may apply to the superior court of the county in which the hearing is held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court.
(d) In the event a patient desires counsel in a hearing before the hearing examiner but cannot afford such counsel, the hearing examiner shall apply to the court of the county in which the hearing is held and that court shall appoint counsel for the patient. Payment for such representation shall be made by the county of the patient's legal resi dence.
37-7-85. (a) Each individualized treatment plan for a patient receiving involuntary inpatient treatment shall be reviewed at regular intervals to determine the patient's progress toward the stated goals and objectives of the plan and to determine whether the plan should be modified because of the patient's present condition. These reviews should be based upon relevant progress notes in the patient's clinical record and upon other related information; and input from the patient should be obtained and utilized where feasible.
(b) Any time a patient receiving involuntary inpatient treatment is found by the chief medical officer no longer to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary inpatient treatment, the chief medical officer may:
(1) Discharge the patient from involuntary outpatient or inpatient treatment, or Dotn, unless the pfttient ts under cnmindl cnspges, notice of wnicn nets Deen iven "Hi writing te the facility, in which ease a peace officer fre the law enforcement agency OPi^inftiiy nsvinj* custody of tiie pfltient snctu DC retjuired to SSSUDQG pnysicfli custody of such p&tlent within live d&ys ftitei1 the msinft^ of motitic&tion to the ft^jency pur* su&nt to su usection \c) of this Oode section find such pfttient nifty only i&e reieftsect from the facility inte stieh custody; er subject to the conditions of Code Section 37-7-95;
(2) Discharge the patient from involuntary inpatient treatment and require that the patient obtain available outpatient treatment for the remaining period the patient was to have been required to obtain inpatient treatment, as long as the patient then meets the standards for being discharged to outpatient treatment under paragraph (2) of subsection (a) of Code Section 37-7-81.1 and subject to the conditions of Code Section 37-7-95; or
{3) (3) Transfer the patient to voluntary status at the patient's request, as pro vided in Code Section 37-7-24. (c) Notice of the discharge or the transfer of status shall be given to the patient and his representatives; if the patient's hospitalization was authorized by order of a court, to the court which entered such order; and, if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforce ment agency originally having custody of the patient."
Section 10. Said title is further amended by adding immediately following said Part 3 of Article 3 of Chapter 7 thereof a new Part 4 to1 read as follows:

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"Part 4
37-7-90. (a) When a physician at a facility or on behalf of a facility determines and certifies under this article that there is reason to believe a patient admitted to or exam ined at the facility is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, that physician shall further determine and certify whether there is reason to believe the patient is:
(1) An inpatient or outpatient; and (2) If an outpatient, whether:
(A) There is available outpatient treatment; and (B) The patient will likely comply with the outpatient treatment so as to mini mize the likelihood of the patient's becoming an inpatient. (b) Unless otherwise specifically provided, the determination and certification as to paragraphs (1) and (2) of subsection (a) of this Code section shall be made within the time period required for determining whether a patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, except that if such determination is made by a physician at or on behalf of a community mental health center, the determination and certification shall be made within four hours after the patient is examined by the physician. (c) A person determined and certified to be: (1) An outpatient; (2) A person for whom there is available outpatient treatment; and (3) Likely to comply with the outpatient treatment so as to minimize the likeli hood of the patient's becoming an inpatient shall be considered to be in need of involuntary outpatient treatment and not involun tary inpatient treatment for purposes of further proceedings under this article until such time as that person's status is determined to be otherwise pursuant to those proceedings. (d) A person determined and certified to be an alcoholic, a drug dependent indi vidual, or a drug abuser requiring involuntary treatment who does not meet all of the requirements of paragraphs (1), (2), and (3) of subsection (c) of this Code section shall be considered to be in need of involuntary inpatient treatment and not involuntary out patient treatment for purposes of further proceedings under this article until such time as that person's status is determined to be otherwise pursuant to those proceedings. 37-7-91. (a) A person who is in the physical custody of a facility and who is deter mined by a physician, at or on behalf of that facility, to meet all of the outpatient treat ment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90 shall be discharged from that facility as provided in this Code section pending a full and fair hearing or waiver thereof under Code Section 37-7-92. That discharge from a community mental health center shall occur within four hours after the patient is examined by a physician at or on behalf of that center. That discharge from an emer gency receiving facility shall occur within 48 hours after the patient's admission thereto. That discharge from an evaluating or treatment facility shall occur no later than the time period established under Code Section 37-7-64 for the discharge of a patient deter mined not to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. (b) Prior to discharging the patient under subsection (a) of this Code section, but within the time period the facility is authorized to retain the patient, the facility at which or on behalf of which the patient was examined, which facility shall be the 'referring facility' for purposes of this part, shall prepare an individualized treatment plan for the patient. This plan shall be prepared in consultation with the facility at which available outpatient treatment is to be provided the patient, which facility shall be the 'receiving facility' for purposes of this part. The referring facility shall also make arrangements with the receiving facility to provide interim outpatient treatment, in accordance with the individualized treatment plan, to the patient pending the full and fair hearing or waiver thereof. Nothing in this Code section shall prevent a referring facility for a patient from also being the receiving facility for that patient. (c) A patient for whom interim outpatient treatment is arranged pursuant to subsec tion (b) of this Code section shall obtain that treatment or be subject to the provisions

FRIDAY, MARCH 7, 1986

2369

of Code Section 37-7-82. Written notice of the time, date, place, and address for that interim outpatient treatment shall be provided the patient prior to the patient's dis charge, along with written notification that if the patient does not comply with the interim outpatient treatment or attend or waive a hearing, the time and date of which hearing will later be provided the patient, the patient may be involuntarily admitted for examination, treatment, or both. Notice of the discharge shall be provided to persons other than the patient in the same manner and under the same conditions as required by subsection (c) of Code Section 37-7-43 and subsection (d) of Code Section 37-7-64, and that notice shall also include a notice regarding the interim outpatient treatment and the consequences if the patient does not obtain the treatment or attend or waive the hearing.
(d) Within three days after a referring facility has discharged a patient pursuant to subsection (a) of this Code section, that facility shall transmit to the receiving facility a copy of the referring facility's examination report, individualized treatment plan, and such other necessary clinical information the referring facility may have regarding the patient. Within five days after receiving such report, plan, and information, the receiving facility shall petition the court of the county in which the patient is located for a full and fair hearing pursuant to Code Section 37-7-92 and include with the petition a copy of the examination report, the individualized treatment plan, and the address to which the patient was discharged by the referring facility.
37-7-92. (a) Except when a hearing is waived as provided in this subsection, within 30 days after the filing of the petition under subsection (d) of Code Section 37-7-91, the court shall hold a full and fair hearing. At least ten days prior to that hearing, the court shall have served on the patient and the patient's representatives the same notices and information required by paragraphs (1) through (4) of subsection (a) of Code Section 37-7-81, as well as a notice that the patient may waive in writing the hearing but if the patient does not either attend or waive the hearing the court may order the patient to be taken into custody, hospitalized, evaluated, and treated. The patient and representa tives shall have the rights specified in those notices. Hearings held pursuant to this sub section shall be held as provided in Code Section 37-7-81.1, and the court holding the hearing may issue any order authorized by and subject to the limitations of that Code Section 37-7-81.1.
(b) If the patient is notified of the hearing as required under subsection (a) of this Code section and does not appear at or waive that hearing, absent a showing of good cause for not appearing, the court may issue an order commanding any peace officer to take such person into custody and deliver that person to an emergency receiving facility or the referring facility if there is a physician available there and this chapter shall thereafter apply to that patient as though the patient had been admitted to that facility pursuant to subsection (b) of Code Section 37-7-41.
(c) If the hearing is waived as provided in subsection (a) of this Code section, that hearing shall not be held but the court shall order the patient to obtain available out patient treatment under the individualized treatment plan submitted with the petition for hearing.
37-7-93. (a) Pursuant to Code Section 37-7-81.1 or Code Section 37-7-92, the court may order the patient to obtain available outpatient treatment for any period not to exceed one year, but the total period of involuntary treatment required by such order, including inpatient treatment within the limitations of Code Section 37-7-81.1, shall not exceed one year.
(b) If it is necessary to continue available outpatient treatment beyond the period authorized pursuant to subsection (a) of this Code section, at least 60 days prior to the expiration of that period the physician responsible for that treatment, or the person responsible for the patient's treatment under the direction and with approval of the physician shall:
(1) Update the patient's individualized treatment plan;
(2) Prepare a report containing evidence that the patient meets all the require ments for available outpatient treatment under paragraphs (1), (2), and (3) of subsec tion (c) of Code Section 37-7-90; and

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JOURNAL OF THE HOUSE,

(3) Petition the hearing examiners appointed to hold hearings under Code Section 37-7-83 for an order requiring the patient to obtain available outpatient treatment beyond the period previously ordered for the patient. The petition shall contain a plain and simple statement that the patient or the patient's representatives may file a request for a hearing with a hearing examiner appointed to hold hearings pursuant to Code Section 37-7-83 within 15 days after service of the peti tion, that the patient has a right to counsel at the hearing, that the patient or the patient's representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that the court will appoint counsel for the patient unless the patient indicates in writing that the patient does not desire to be represented by counsel or has made the patient's own arrangements for counsel. (c) If a hearing is not requested by the patient or the representatives within 15 days of service of the petition on the patient and the patient's representatives, the hearing examiner shall make an independent review of the report, the updated individualized treatment plan, and the petition. If the hearing examiner concludes from that review that the patient is no longer an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, then that hearing examiner shall order that a hearing be held pursuant to subsection (d) of this Code section. If the hearing examiner con cludes that the patient meets all the requirements for available outpatient treatment under paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90, then the hearing examiner shall order continued outpatient treatment for a period not to exceed one year.
(d) If the hearing examiner orders a hearing pursuant to subsection (c) or (e) of this Code section or if a hearing is requested within 15 days of service of the petition on the patient and the patient's representatives, the hearing examiner shall set a time and place for the hearing to be held within 25 days of the time the hearing examiner receives the request but in any event no later than the day on which the current order of involuntary outpatient treatment expires. Notice of the hearing shall be served on the patient, the patient's representatives, the facility providing outpatient treatment for the patient, and, when appropriate, on counsel for the patient. The hearing examiner, within that person's discretion, may grant a change of venue for the convenience of parties or witnesses. Such hearing shall be a full and fair hearing. After such hearing, the hearing examiner may issue any order which the court is authorized to issue under paragraphs (1), (2), and (3) of subsection (a) of Code Section 37-7-81.1 and subject to the limita tions of that Code section. If the patient does not appear at the hearing, absent a show ing of good cause, the hearing examiner may issue any order the court is authorized to issue under subsection (b) of Code Section 37-7-92.
(e) The hearing examiner for a patient who is ordered to obtain available outpatient treatment, who is under the jurisdiction of the juvenile court, and who reaches the age of 17 without having had a full and fair hearing pursuant to any provisions of this arti cle or without having waived such hearing shall order that a hearing be held pursuant to subsection (d) of this Code section.
37-7-94. (a) Each individualized treatment plan for available outpatient treatment shall be reviewed at regular intervals to determine the patient's progress toward the stated goals and objectives of the plan and to determine whether the plan should be modified because of the patient's present condition. These reviews should be based upon relevant progress notes in the patient's clinical record and upon other related informa tion; and input from the patient should be obtained and utilized where feasible.
(b) Any time a patient is found by the physician in charge of the patient's outpatient treatment no longer to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, that physician shall discharge the patient from further compliance with the treatment.
(c) Notice of the discharge under subsection (b) of this Code section shall be given to the patient and his representatives; to the court which originally ordered such involuntary treatment; and, if the patient was under criminal charges of which the facil ity received written notification, by certified mail to the law enforcement agency orig inally having custody of the patient.

FRIDAY, MARCH 7, 1986

2371

37-7-95. Notwithstanding any other provisions of any part of this article, a patient under criminal charges, notice of which has been given in writing to the facility, may only be discharged from the physical custody of a facility if the facility, by certified mail, provides written notification of the proposed discharge to the law enforcement agency originally having custody of the patient and the patient is discharged into the physical custody of a peace officer from that agency. That agency shall be required to assume such physical custody within five days after receipt in writing of the notification of proposed discharge."
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:

Aaron Adams,G Y Adams.M Y Aiken Y Alford Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield Benn Birdsong Bishop Y Bolster Y Bostick Y Branch Bray Y Brooks Y Brown.G YBuck Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Childers

Y Childs N Clark.B
Clark,L Y Colbert Y Coleman Y Colwell
Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Y Daugherty N Davis
Dean Y Diion Y Dobbs Y Dover Y Dunn Y Edwards Y 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 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
Linder YLogan YLong YLord
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 N Morton Y Mostiler Y Moultrie N Mueller Y Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters
Pettit 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 YRoss Y Royal Russell Y Selman

Shepard Y Sherrod
Sinkfield Sizemore Y Smith.L Y Smith,? Y Smith.T YSmyre YSnow Y Stancil Y Steinberg Thomas.C Thomas.M Y Thompson Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Ware Watson Watts Y White Y Wilder Y Williams.B Y Williams,J Williams.R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 138, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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.

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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 Adams.G
Y Adams.M Y Aiken YAlford
Alien Y Anderson YArgo
Athon Y Atkins YAuten Y Bailey
Balkcom Y Bannister
Y Bargeron Y Bamett,B Y Bamett,M YBeck Y Benefield
Benn
Birdsong Bishop Bolster YBostick Y Branch YBray Y Brooks
N Brown.G YBuck Y Burruss YByrd Y Carter
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 Y Couch YCox Y Crawford Y Crosby Y Cummings Y Daugherty Y Davis
Dean Y Dixon YDobbs
Dover YDunn Y Edwards Y Pelton Y Floyd Y Foster YGaler YGodbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton
Manner Y Harris
Y Hasty YHays

Y Heard YHiU 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
Lee,C YLee.W
Linder YLogan YLong YLord Y Lucas
Lupton
Y Maddoi Y Mangum Y Martin,C
Y Martin^ Y Matthews Y McDonald

Y McKelvey McKinney
Milam Y Milford Y Moody Y Moore YMorton
Y Mostiler Moultrie
Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters
Pettit Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V NRandall Y Ransom
YRay Reaves
Y Redding Richardson Robinson.C
Y Robinson,P YRoss Y Royal Y Russell YSelman

Shepard Y Sherrod Y Sinkfield
Sizemore Y Smith.L Y Smith,P Y Smith,T
YSmyre YSnow
Stancil Y Steinberg
Thomas.C
Thomas.M Y Thompson
Townsend Y Triplet! YTwiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L YWall
Ware Watson Y Watts White Y Wilder Y Williams,B Y Williams^I Williams.R Y Wilson
Y Wood Workman
Y Yeargin Young Murphy,Spkr

On the passage of the Bill, the ayes were 139, nays 2. The Bill, having received the requisite constitutional majority, was passed.

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.

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 YAlford
Alien Y Anderson
Argo Y Athon Y Atkins

YAuten Y 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 YBuck
Burruss

YByrd Y Carter
Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark.L
Y Colbert

Y Coleman
Y Colwell Connell
Y Cooper Y Copelan Y Couch
YCox Y Crawford Y Crosby Y Cummings

FRIDAY, MARCH 7, 1986

2373

Y Daugherty Y Davis YDean Y Dixon Y Dobbs
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
Hays 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
Lee.C Y Lee.W
Linder 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 Mostiler Moultrie Y Mueller Oliver.C Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Pettit Y Phillips Pinkston

Porter Y Rainey
Y Ramsey.T Y Ramsey.V
Y Randall Y Ransom
Ray Reaves Y Redding Y Richardson Robinson.C Y Robinson.P YRoss Y Royal Russell Y Selman Shepard Y Sherrod Sinkfield Y Sizemore
Y Smith,L Y Smith.P
Y Smith.T Smyre Snow Stancil

Steinberg Thomas,C Thomas,M Y Thompson Y Townsend Y Triplet! Y Twiggs Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Ware Watson Y Watts Y White Y Wilder Y Williams.B Y WilliamsJ Y Williams.R Y Wilson Y Wood Workman
Y Yeargin Y Young
Murphy.Spkr

On the passage of the Bill, the ayes were 135, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Anno tated, relating to pharmaceutics and the State Board of Pharmacy, 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; to require drug wholesalers, distributors, and suppliers to submit monthly reports to the State Board of Pharmacy accounting for all transactions involving certain controlled sub stances; to require drug wholesalers, distributors, and suppliers to submit periodic reports relative to excessive purchases of controlled substances; to provide for rules and regula tions; to provide an exception; to provide penalties for persons, firms, or corporations in violation of certain registration or reporting requirements; to prohibit practitioners from purchasing controlled substances or dangerous drugs from certain persons, firms, or cor porations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Anno tated, relating to pharmaceutics and the State Board of Pharmacy, is amended by striking Code Section 26-4-120 in its entirety and inserting in lieu thereof a new Code Section 26-4-120 to read as follows:
"26-4-120. (a) All persons, firms, or corporationSj whether located in state or out of state, engaged in the business of selling or distributing drugs at wholesale within this

2374

JOURNAL OF THE HOUSE,

state, or in the business of supplying drugs to manufacturers, compounders, and proc essors within this state, shall annually register with the board as a drug wholesaler, dis tributor, or supplier. The application for registration shall be made on a form to be prescribed and furnished by said board and shall show each place of business of the applicant for registration, together with such other information as may be required by the board. The application shall be accompanied by a fee in an amount established by the board for each place of business conducted registered by the applicant. Such regis tration shall not be transferable and shall expire on the expiration date established by the joint-secretary. Registration shall be renewed pursuant to the rules and regulations of the board and a renewal fee prescribed by the board shall be required. If not renewed, the registration shall lapse and become null and void. Registrants shall be subject to such rules and regulations with respect to sanitation or equipment as the board may, from time to time, adopt for the protection of the public health and safety. Such regis tration may be suspended or revoked or the registrant reprimanded by the board; if the registrant fails to comply with any law of this state, the United States, or any other state having to do with the control of pharmacists, pharmacies, or drugs; if the registrant fails to comply with any rule or regulation promulgated by the board; or if any registra tion or license issued to the registrant under the federal act is suspended or revoked.
(b) (1) Every drug wholesaler, distributor, or supplier registered as provided in sub section (a) of this Code section shall be required to submit a monthly report as pre scribed by the board accounting for all transactions involving controlled substances listed in Schedule II as defined in Code Section 16-13-26; provided, however, that the submission of a copy of the report relative to such transactions required by the federal Drug Enforcement Agency shall be sufficient. The reports shall be submitted to the State Board of Pharmacy.
(2) Every drug wholesaler, distributor, or supplier registered as provided in subsec tion (a) of this Code section or as provided in Chapter 13 of Title 16 which is required to submit reports of excessive purchases of controlled substances with the federal Drug Enforcement Agency pursuant to 21 C.F.R. Sec. 1301.74 (effective April 1, 1985) shall be required to submit a copy of each such report to the board.
(3) The board shall be authorized to promulgate rules and regulations to facilitate compliance with this subsection. (c) The provisions of subsection (b) of this Code section shall not apply to any wholesaler, manufacturer, distributor, or supplier who only ships controlled substances directly to a licensed wholesaler within this state. (d) (1) Any person, firm, or corporation which violates any provision of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years or by a fine not to exceed $25.000.00. or both.
(2) Any practitioner who knowingly purchases any controlled substance or danger ous drug as such terms are defined in Chapter 13 of Title 16 from a person, firm, or corporation which is not registered as required in subsection (a) of this Code section or as required in Chapter 13 of Title 16 shall be guilty of a felony and, upon convic tion thereof, shall be punished by imprisonment for not less than one year nor more than three years or by a fine not to exceed $10,000.00, or both."
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 Aiken

Y Alford Alien
Y Anderson Y Argo

Y Athon Y Atkins Y Auten Y Bailey

Balkcom Y Bannister Y Bargeron Y Barnett.B

Y Barnett,M Y Beck Y Benefleld Y Benn

FRIDAY, MARCH 7, 1986

2375

Birdsong Bishop Y 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 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 Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd
Y Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer
Groover Y Hamilton Y Manner
Harris Hasty Hays Y Heard Y Hill Y Holcomb Y Holmes
Y Hooks Y Home Y Hudson
Isakson Y Jackson,J Y Jackson.N Y Jamieson 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 YLee.C Y Lee.W
Linder Y Logan YLong YLord
Lucas Lupton Y Maddox Mangum Y Martin.C Y Martin,J Matthews
Y McDonald Y McKelvey
McKinney Milam Y Milford Y Moody Y Moore Y Morton Mostiler

Moultrie Y Mueller Y Oliver.C
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit
Y Phillips Pinkston
Y Porter Y Rainey
Y Ramsey.T Y Ramsey.V
Randall 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
Sinkfleld Sizemore

Y Smith,L Y Smith.P Y Smith.T YSmyre YSnow Y Stancil
Steinberg Y Thomas.C
Y Thomas.M Y Thompson
Townsend
Y Triplet! Y Twiggs Y Waddle Y Waldrep Y 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 Young Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 139, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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.

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 YArgo Y Athon Y Atkins
Auten Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield
YBenn

Birdsong Bishop Bolster Y Bostick
Y Branch YBray Y Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter Y Chamblesi Y Chance Y Cheeks Y Childers Y Childs
Clark.B Y Clark.L
Colbert

Y Coleman Y Colwell
Connell
Y Cooper Y Copelan Y Couch YCox Y Crawford
Crosby Y Cummings Y Daugherty
Davis YDean Y Dixon Y Dobbs
Dover Y Dunn Y Edwards
Y Felton Y Floyd

Y Foster Y Galer
Y Godbee Y Goodwin
Y Greene Greer Groover
Hamilton Y Hanner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes
Y Hooks Home
Y Hudson Y Isakson

Jackson,J Y Jackson.N Y Jamieson Y Johnson.D Y Johnson.F Y Johnson.R Y Johnson ,S Y Kilgore Y Kingston
Y Lane,D Y Lane,R Y Lawler Y Lawrence
Y Lawson Y Lee.C Y Lee.W Y Linder Y Logan YLong YLord

2376

JOURNAL OF THE HOUSE,

Lucas Y Lupton Y Maddox
Mangum Y Martin.C Y Martin,J
Matthews Y McDonald Y McKelvey
McKinney Milam Y Milford Y Moody Moore Y Morton Y 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
Ray Reaves Redding Richardson Robinson.C Y Robinson,P YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield
Y Sizemore

Y Smith,L Y Smith.P Y Smith.T
Smyre YSnow Y Stancil
Steinberg Y Thomas.C Y Thomas,M Y Thompson Y Townsend
Y Triplett Y Twiggs
Waddle Y Waldrep Y Walker.C

Y Walker.L YWall
Ware
Watson 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 140, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following Resolution of the House, favorably reported by the Committee on Rules, was read:

HR 938. By Representatives Bray of the 91st and 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 Rule 5 of the House of Representatives is amended by striking Rule 5 and inserting in its place a new Rule 5 to read as follows: "Rule 5. The Speaker shall appoint the following standing committees: (1) Agriculture and Consumer Affairs. (2) Appropriations. (3) Banks and Banking. (4) Defense and Veterans Affairs. (5) Education. (6) Game, Fish, and Recreation. (7) Governmental Affairs. (8) Health and Ecology. (9) Human Relations and Aging. (10) Industrial Relations. (11) Industry. (12) Insurance. (13) Interstate Cooperation. (14) Journals. (15) Judiciary. (16) Legislative and Congressional Reapportionment.

FRIDAY, MARCH 7, 1986

2377

(17) Motor Vehicles. (18) Natural Resources and Environment. (19) Public Safety. (20) Regulated Beverages. (21) Retirement. (22) Rules. (23) Special Judiciary. (24) State Institutions and Property. (25) State Planning and Community Affairs. (26) Transportation. (27) University System of Georgia. (28) Ways and Means."
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 YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefleld
Benn Y Birdsong
Bishop
Y Bolster Y Bostick Y Branch
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
Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings Y Daugherty Y Davis YDean Y Dixon Y Dobbs
Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee 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 Y Isakson Y Jackson,J
Jackson.N Y Jamieson Y Johnson,D Y Johnson.F Y Johnson.R Y Johnson.S Y Kilgore Y Kingston Y Lane.D YLane,R Y Lawler
Y Lawrence YLawson YLee,C YLee.W
Y Under YLogan YLong YLord
Lucas Y Lupton Y Maddox
Y Mangum Y Martin.C Y Martin^ 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 Y Parham
Y Parrish Y Patten Y Peters
Pettit Y Phillips
Pinkston Y Porter Y Rainey Y Ramsey.T YRamaey.V
Randall Y Ransom YRay Y Reaves Y Redding
Richardson Robinson.C Y Robinson,P
YRoss Y Royal Y Russell YSelman

Y Shepard Y Sherrod Y Sinkfield Y Sizemore
Smith.L Y Smith,? Y Smith.T YSmyre
YSnow Y Stancil
Y Steinberg Y Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplett
Twiggs Y Waddle YWaldrep Y Walker.C Y Walker ,L Y Wall
Ware Y Watson YWatta Y White Y Wilder Y Williams.B YWilliains,J Y Williams.R Y Wilson
YWood Y Workman YYeargin
Y Young Murphy,Spkr

On the adoption of the Resolution, the ayes were 161, nays 0. The Resolution was adopted.

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

2378

JOURNAL OF THE HOUSE,

Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

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 following Resolutions of the House were read and adopted:

HR 943. By Representatives Colwell of the 4th, Twiggs of the 4th, Hanner of the 131st, Hooks of the 116th, Dover of the llth and others:
A resolution commending Willie Nelson.

HR 944. By Representatives Hays of the 1st, Murphy of the 18th, Balkcom of the 140th, Oliver of the 121st, Moultrie of the 93rd and others:
A resolution commending the Page Staff of the House of Representatives.

HR 945. By Representative Hamilton of the 124th: A resolution commending Cassandra Cooler.

HR 946. By Representatives Childs of the 53rd, Richardson of the 52nd, Williams of the 54th, Couch of the 40th and Sinkfield of the 37th:
A resolution commending the Atlanta Symphony Orchestra.

HR 947. By Representative Hamilton of the 124th: A resolution commending Kathy Gideon.

HR 948. By Representative Birdsong of the 104th:
A resolution commending the Twiggs County High School Lady Cobras basketball team.

HR 949. By Representative Birdsong of the 104th:
A resolution commending the Wilkinson County High School Warriorettes basketball team.

HR 950. By Representative Murphy of the 18th:
A resolution recognizing Thursday, May 15, 1986, as "Peace Officers Memo rial Day in the State of Georgia."

FRIDAY, MARCH 7, 1986

2379

HR 951. By Representatives McDonald of the 12th and Murphy of the 18th:
A resolution recognizing August 9 through 16, 1986, as World Series Week in the State of Georgia.

HR 952. By Representative Smith of the 78th:
A resolution commending the firefighters of the Barnesville City Fire Depart ment and the Lamar County Volunteer Fire and Rescue.

HR 953. By Representatives Childs of the 53rd, Russell of the 64th and Bolster of the 30th:
A resolution commending Dr. Warren S. Blumenfield.

HR 954. By Representatives Childs of the 53rd and Robinson of the 58th:
A resolution recognizing and commending Franklin D. Grant and the DeKalb County Board of Education.

HR 955. By Representatives Childs of the 53rd, Bolster of the 30th and Logan of the 67th:
A resolution commending the Georgia Lady Bulldogs Basketball Team.

HR 956. By Representative Childs of the 53rd: A resolution commending the Reverend Sammie Maxwell-Pregeant.

HR 957. By Representatives Birdsong of the 104th, Walker of the 115th, Pinkston of the 100th, Groover of the 99th, Hudson of the 117th and others:
A resolution congratulating Honorable Duross Fitzpatrick.

HR 958. By Representative Lawler of the 20th: A resolution commending the Pebblebrook High School Marching Band.

HR 959. By Representatives Home of the 103rd, Groover of the 99th, Pinkston of the 100th, Lucas of the 102nd and Birdsong of the 104th:
A resolution expressing regret at the passing of William P. Simmons.

HR 960. By Representatives Young of the 134th, Chambless of the 133rd and Balkcom of the 140th:
A resolution commemorating Albany Georgia's sesquicentennial birthday.

HR 961. By Representatives Logan of the 67th and Argo of the 68th:
A resolution recognizing and commending the Clarke Central High School DECA Club.

HR 962. By Representative Dunn of the 73rd: A resolution commending Gurdon Robert Foster, Jr., M.D.

HR 963. By Representative Dunn of the 73rd: A resolution commending Thomas Alien Nale.

2380

JOURNAL OF THE HOUSE,

HR 964. By Representative Dunn of the 73rd:
A resolution commending the Henry County Junior High School Warhawks basketball team.

HR 965. By Representative Dunn of the 73rd: A resolution commending Bill Wilkerson.

HR 966. By Representatives Smith of the 152nd, Dixon of the 151st and Crosby of the 150th:
A resolution recognizing Lucy Ricketson Ferguson.

HR 967. By Representatives Argo of the 68th, Logan of the 67th, Clark of the 13th and Milford of the 13th:
A resolution recognizing and commending Benjamin Heyward Alien.

HR 968. By Representatives Wood of the 9th, Martin of the 60th and Hays of the 1st:
A resolution congratulating the American Legion upon the observance of its 67th anniversary.

HR 969. By Representatives Lee of the 70th, Thomas of the 69th and Shepard of the 71st:
A resolution commending Donna Phillips.

HR 970. By Representative Smith of the 78th: A resolution commending the Tri-County Homeowners Association.

HR 971. By Representative Thomas of the 31st: A resolution commending Mr. Eugene E. Thomas.

HR 972. By Representative Thomas of the 31st: A resolution commending Ella Mae Brayboy.

HR 973. By Representative McDonald of the 12th: A resolution commending Todd Shirley.

HR 974. By Representative McDonald of the 12th: A resolution commending Chris Kenn.

HR 975. By Representatives McDonald of the 12th and Godbee of the 110th: A resolution in memory of Mr. Walter W. Harrison of Millen, Georgia.

HR 976. By Representatives Isakson of the 21st, Atkins of the 21st, Johnson of the 21st, Aiken of the 21st and Wilder of the 21st:
A resolution commending Robert L. Barr, Jr.

FRIDAY, MARCH 7, 1986

2381

HR 977. By Representative Ray of the 98th: A resolution commending Mr. Ambrose M. Felton.

HR 978. By Representative McDonald of the 12th: A resolution commending Donnie Golston.

HR 979. By Representative McDonald of the 12th: A resolution commending Chas Hardee.

HR 980. By Representative McDonald of the 12th: A resolution commending Chip McClure.

HR 983. By Representatives Dover of the llth, Twiggs of the 4th, Colwell of the 4th, Rainey of the 135th, Peters of the 2nd and others:
A resolution expressing sorrow at the passing of Robert Earl Tanner, Jr.

HR 984. By Representative Copelan of the 106th: A resolution commending Alice Walker.

HR 981. By Representatives Kingston of the 125th, Hamilton of the 124th, Pannell of the 122nd, Mueller of the 126th, Johnson of the 123rd and others:
A resolution recognizing the two hundredth anniversary of the Chatham Artillary.

HR 982. By Representatives Steinberg of the 46th, Pannell of the 122nd, Buck of the 95th, Martin of the 26th, Childs of the 53rd and others:
A resolution relative to the State of Israel.

HR 985. By Representatives Logan of the 67th, Ross of the 82nd, Dover of the llth, Mangum of the 57th, Murphy of the 18th and others:
A resolution expressing sympathy to the family of Dr. Charles McDaniel.

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

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1300

The Committee of Conference on HB 1300 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1300 be adopted.

2382

JOURNAL OF THE HOUSE,

FOR THE SENATE:
/s/ Joseph E. Kennedy Senator, 4th District
/s/ Terrell A. Starr Senator, 44th District
/s/ Al Holloway Senator, 12th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Lauren McDonald, Jr. Representative, 12th District
/g/ A1 Burrugs Representative, 20th District
/s/ L. L. "Pete" Phillips Representative, 120th District

A BILL
To make and provide appropriations for the State Fiscal Year beginning July 1, 1986, and ending June 30, 1987; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the State fiscal year beginning July 1, 1986, and ending June 30, 1987, as prescribed hereinafter for such fiscal year, from funds from the Federal Government, and the General Funds of the State including unappropriated surplus and a revenue estimate of $5,316,000,000 for State fiscal year 1987.
PART I. LEGISLATIVE BRANCH
Section 1. Legislative Branch. Budget Unit: Legislative Branch ........................................................................? 18.376,402 Personal Services - Staff.......................................................................................$ 8,047,607 Personal Services - Elected Officials................................................................................................................? 3,089,775 Regular Operating Expenses ................................................................................$ 1,748,372 Travel - Staff ...............................................................................................................$ 97,800 Travel - Elected Officials.............................................................................................! 5,000 Motor Vehicle Equipment Purchases ............................................................................$ -0Publications and Printing........................................................................................? 412,100 Equipment Purchases...............................................................................................? 393,000 Computer Charges....................................................................................................? 396,500 Real Estate Rentals....................................................................................................? 62,300 Telecommunications.................................................................................................? 595,200 Per Diem, Fees and Contracts - Staff....................................................................................................? 342,581 Per Diem, Fees and Contracts - Elected Officials............................................................................? 1,824,067 Postage........................................................................................................................? 141,300 Photography.................................................................................................................? 71,000 Expense Reimbursement Account.......................................................................? 1,132,800 Capital Outlay.............................................................................................................? 17,000 Total Funds Budgeted........................................................................................? 18,376,402

FRIDAY, MARCH 7, 1986

State Funds Budgeted..

Senate Functional Budgets

Total Funds

Senate and Research Office

$

3,472,555

Lt. Governor's Office

444,229

Secretary of the Senate's Office

1,015,210

Total

4,931,994

2383 ..$ 18,376,402
State Funds 3,472,555 444,229 1,015,210 4,931,994

House of Representatives and Research Office
Speaker of the House's Office
Clerk of the House's Office
Total

House Functional Budgets Total Funds

$

7,285,996

$

269,352

$

1,022,233

$

8,577,581

State Funds 7,285,996 269,352 1,022.233 8,577,581

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office

$

1,913,707

1,913,707

Legislative Fiscal Office

$

1,399,350

1,399,350

Legislative Budget Office

$

763,990

763,990

Ancillary Activities

$

789,780

789,780

Total

$

4,866,827

4,866,827

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

2384

JOURNAL OF THE HOUSE,

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 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 ..................................................................$ 10,414,872 Operations Budget: Personal Services....................................................................................................! 8,786,182 Regular Operating Expenses ...................................................................................$ 261,200 Travel..........................................................................................................................$ 700,000 Motor Vehicle Purchases...........................................................................................$ 54,000 Publications and Printing..........................................................................................$ 30,000 Equipment Purchases.................................................................................................! 55,000 Per Diem, Fees and Contracts..................................................................................................................! 25,000 Real Estate Rentals..................................................................................................! 238,490 Computer Charges ....................................................................................................$ 205,000 Telecommunications...................................................................................................! 60,000 Total Funds Budgeted ........................................................................................$ 10,414,872 State Funds Budgeted.........................................................................................! 10,414,872

PART II. JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court ................................................................................! 3,305,545

Section 4. Court of Appeals. Budget Unit: Court of Appeals .............................................................................$ 3,784,560

Section 5. Superior Courts. Budget Unit: Superior Courts.............................................................................! 30,713,828 Operation of the Courts......................................................................................! 29,268,640 Prosecuting Attorneys' Council..............................................................................! 579,032 Sentence Review Panel ............................................................................................$ 119,247 Council of Superior Court Judges............................................................................................................! 68,986 Judicial Administrative Districts..................................................................................................................! 670,523
Habeas Corpus Clerk....................................................................................................! 7,400

FRIDAY, MARCH 7, 1986

2385

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts...................................................................................$ 207,411

Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute of Continuing Judicial Education.........................................................................................$ 308,334
Institute's Operations...............................................................................................! 270,000 Georgia Magistrate Courts
Training Council .....................................................................................................$ 38,334

Section 8. Judicial Council. Budget Unit: Judicial Council..................................................................................} 662,405 Council Operations ...................................................................................................$ 570,358 Payments to Judicial Administrative Districts for Case Counting..........................................................................................................! 69,000 Board of Court Reporting..........................................................................................! 23,047

Section 9. Judicial Qualifications Commission.
Budget Unit: Judicial Qualifications Commission....................................................................................................! 105,292

Section 10. Council of Magistrate Court Judges.
Budget Unit: Council of Magistrate Court Judges....................................................................................................! 20,000

Section 11. Council of Probate Court Judges.
Budget Unit: Council of Probate Court Judges....................................................................................................! 20,000

Section 12. Council of State
Court Judges. Budget Unit: Council of State
Court Judges ......................................................................................................$ 9,500

PART III. EXECUTIVE BRANCH
Section 13. Department of Administrative Services.
A. Budget Unit: Department of Administrative Services.............................................................................! 31.880.139
Administrative Services Budget: Personal Services..................................................................................................! 34,187,418 Regular Operating Expenses ................................................................................$ 6,930,557 Travel..........................................................................................................................! 196,000 Motor Vehicle Equipment Purchases...........................................................................................! 382,000 Publications and Printing........................................................................................! 160,000 Equipment Purchases............................................................................................! 1,296,015 Computer Charges.................................................................................................! 8,162,000

2386

JOURNAL OF THE HOUSE,

Real Estate Rentals...............................................................................................! 2,901,000 Telecommunications.................................................................................................! 633,154 Per Diem, Fees and Contracts................................................................................! 389,000 Rents and Maintenance Expense......................................................................! 19,487,000 Utilities.........................................................................................................................! 39,000
Unemployment Compensation Reserve............................................................................................................................! -0-
Postage........................................................................................................................! 251,935 Payments to DOAS
Fiscal Administration........................................................................................! 1,960,000 Direct Payments to Georgia
Building Authority for Capital Outlay........................................................................-.......................................! -0-
Direct Payments to Georgia Building Authority for Authority Lease Rentals...............................................................................................! -0-
Direct Payments to Georgia Building Authority for Operations ..............................................................................................................$ 602,000
Telephone Billings...............................................................................................! 28,762,000 Materials for Resale...............................................................................................! 9,913,000
Public Safety Officers Indemnity Fund ....................................................................................................$ 609,000
Health Planning Review Board Operations....................................................................................................! 50,000
Georgia Golf Hall of Fame Operations.....................................................................................................! 30,000
Unemployment Compensation Payments........................................................................................................................! -0-
Comprehensive General Liability Reserve Fund.................................................................................................................! -0-
Hazardous Materials Liability Reserve Fund.......................................................................................................-! 500,000
Utilization Adjustment..........................................................................................! (119,790) Total Funds Budgeted ......................................................................................$ 117,321,289 State Funds Budgeted.........................................................................................! 31,880,139

Department of Administrative Services Functional Budgets

Total Funds

State Funds

State Properties Commission

$

327,483

$

327,483

Departmental Administration

$

2,652,876

!

2,652,876

Treasury and Fiscal Administration

$

9,838,461

!

7,878,461

Central Supply Administration

$

9,558,269

$

-0-

Procurement Administration

$

2,426,066

$

2,426,066

General Services Administration

$

587,773

!

-0-

FRIDAY, MARCH 7, 1986

2387

Space Management Administration

487,781

Data Processing Services

46,842,839

Motor Vehicle Services

2,484,106

Communication Services

33,707,069

Printing Services

5,456,252

Surplus Property Services

1,294,956

Mail and Courier Services

436,501

Risk Management Services

1,340,647

Utilization Adjustment

(119,790)

Total

117,321,289

$

B. Budget Unit: Georgia Building Authority...................................................--.-- ........$ -0Georgia Building Authority Budget: Personal Services..................................................................................................! 15,858,647 Regular Operating Expenses ................................................................................$ 3,734,507 Travel..............................................................................................................................$ 8,000
Motor Vehicle Equipment Purchases..................................................................................................................$ 36,000
Publications and Printing.........................................................................................-! 30,000 Equipment Purchases...............................................................................................! 133,280 Computer Charges ......................................................................................................$ 41,000 Real Estate Rentals....................................................................................................! 39,300 Telecommunications...................................................................................................! 94,316 Per Diem, Fees and Contracts................................................................................! 133,800 Capital Outlay...........................................................................................................! 230,000 Authority Lease Rentals ..........................................................................................$ 340,640 Utilities ....................................................................................................................$ 7,370,353 Facilities Renovations
and Repairs....................................................................................................................! -0Total Funds Budgeted ........................................................................................$ 28,049,843 State Funds Budgeted................................................................................................-....! -0-

Georgia Building Authority Functional Budgets

Total Funds

Grounds

!

1,307,604

!

Custodial

!

3,561,225

$

Maintenance

$

3,146,284

!

Security

$

2,704,755

!

Van Pool

!

110,672

!

Sales

!

3,510,402

!

Administration Facility Renovations

13,708,901 -0-

Undistributed

Total

28,049,843

State Funds -0-0-0-0-0-0-0-0-
jCt -0-

2388

JOURNAL OF THE HOUSE,

Section 14. Department of Agriculture. A. Budget Unit: Department of
Agriculture...................................................................................................$ 31,627,158 State Operations Budget:
Personal Services..................................................................................................! 25,575,125 Regular Operating Expenses ................................................................................$ 2,318,000 Travel..........................................................................................................................$ 852,000 Motor Vehicle Equipment
Purchases................................................................................................................! 531,000 Publications and Printing........................................................................................! 606,000 Equipment Purchases...............................................................................................! 307,000 Computer Charges....................................................................................................! 258,270 Real Estate Rentals..................................................................................................! 607,000 Telecommunications.................................................................................................! 358,000 Per Diem, Fees and Contracts................................................................................! 318,000 Market Bulletin Postage..........................................................................................! 547,000 Payments to Athens and Tifton
Veterinary Laboratories....................................................................................! 1,947,535 Poultry Veterinary Diagnostic
Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro............................................................................................................$ 1,390,500 Veterinary Fees.........................................................................................................! 547,000 Indemnities................................................................................................................! 114,000 Bee Indemnities..........................................................................................................! 75,000 Advertising Contract................................................................................................! 105,000 Payments to Georgia Agrirama Development Authority for Operations ..............................................................................................................$ 409,000 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets...............................................................................................! 415,000 Capital Outlay........................................................................................................! 2,560,000 Contract - Federation of Southern Cooperatives...........................................................................................! 60,000 Tick Control Program ................................................................................................$ 50,000 Utilization Adjustment..........................................................................................! (310,280) Total Funds Budgeted ........................................................................................$ 39,640,150 State Funds Budgeted.........................................................................................! 31,627,158

Department of Agriculture Functional Budgets

Total Funds

Plant Industry

$

6,021,680

!

Animal Industry

$

6,241,278

!

Marketing

!

2,023,308

!

General Field Forces

!

3,186,030

!

Internal Administration

$

3,593,385

!

Information and Education

$

1,271,790

$

Fuel and Measures

$

2,334,770

$

Consumer Protection Field Forces

$

5,409,628

!

State Funds 5,566,050 5,880,708 2,018,308 3,186,030 3,524,205 1,271,790 2,329,770
4,318,166

FRIDAY, MARCH 7, 1986

2389

Meat Inspection

$

3,953,900

$

1,610,450

Major Markets

$

3,749,181

$

498,508

Seed Technology

$

338,336

$

-0-

Entymology and Pesticides

$

1,827,144

$

1,733,453

Utilization Adjustment

$

(310,280)

$

(310,280)

Total

$

39,640,150

$

31,627,158

B. Budget Unit: Georgia Agrirama Development Authority ....................................................................................$ -0-
Georgia Agrirama Development Authority Budget: Personal Services.......................................................................................................! 459,000 Regular Operating Expenses ...................................................................................$ 115,000 Travel..............................................................................................................................! 7,000 Motor Vehicle Equipment Purchases......................................................................! 10,000 Publications and Printing..........................................................................................! 16,000 Equipment Purchases...................................................................................................! 7,000 Computer Charges.............................................................................................................! -0Real Estate Rentals..........................................................................................................! -0Telecommunications.....................................................................................................! 8,000 Per Diem, Fees and Contracts..................................................................................! 31,000 Capital Outlay...........................................................................................................! 205,000 Goods for Resale .........................................................................................................| 78,000 Total Funds Budgeted .............................................................................................$ 936,000 State Funds Budgeted......................................................................................................! -0-

Section 15. Department of Banking
and Finance. Budget Unit: Department of Banking
and Finance.................................................................................................! 4,710,914 Administration and Examination Budget:
Personal Services....................................................................................................! 3,908,681 Regular Operating Expenses ...................................................................................$ 171,000 Travel..........................................................................................................................! 313,133 Motor Vehicle Equipment Purchases......................................................................! 50,800 Publications and Printing..........................................................................................! 13,000 Equipment Purchases...................................................................................................! 7,000 Computer Charges ......................................................................................................$ 89,000 Real Estate Rentals..................................................................................................! 158,000 Telecommunications...................................................................................................! 35,000 Per Diem, Fees and Contracts..................................................................................! 10,500 Utilization Adjustment............................................................................................! (45,200) Total Funds Budgeted ..........................................................................................$ 4,710,914 State Funds Budgeted...........................................................................................! 4,710,914

Section 16. Department of Community Affairs.
A. Budget Unit: Department of Community Affairs.......................................................................................! 6,897,911
State Operations Budget: Personal Services....................................................................................................! 4,393,990 Regular Operating Expenses ...................................................................................$ 137,000 Travel..........................................................................................................................! 188,000

2390

JOURNAL OF THE HOUSE,

Motor Vehicle Equipment
Purchases....................................................................................................................! 7,000 Publications and Printing..........................................................................................$ 78,000 Equipment Purchases.................................................................................................! 20,000 Computer Charges......................................................................................................! 34,000 Real Estate Rentals ..................................................................................................$ 206,000 Telecommunications...................................................................................................! 73,000 Per Diem, Fees and Contracts................................................................................! 101,000 Capital Felony Expenses............................................................................................! 50,000 Contracts with Area Planning
and Development Commissions .......................................................................$ 1,350,500 Local Assistance Grants...........................................................................................! 576,000 Appalachian Regional Commission
Assessment.............................................................................................................! 139,000 Community Development Block
Grants (Federal)...............................................................................................! 30,515,000 Juvenile Justice
Grants (Federal).................................................................................................! 1,000,000 Grant - Richmond County...............................................................................................! -0Economic Development Grants ..............................................................................$ 650,000 Payment to Georgia
Development Authority........................................................................................! 375,000 Technical Assistance
to S.D.A..........................................................................................................................! -0Utilization Adjustment............................................................................................! (36,460) Total Funds Budgeted ........................................................................................$ 39,857,030 State Funds Budgeted...........................................................................................! 6,897,911

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Executive and Administrative

3,227,354

3,170,354

Technical Assistance

2,317,007

1,090,274

Community and Economic Development

33,271,339

1,755,588

Intergovernmental Assistance

1,077,790

918,155

Utilization Adjustment

(36.460)

(36,460)

Total

39,857,030

6,897,911

B. Budget Unit: Authorities...............................................................................................! -0Operations Budget: Personal Services....................................................................................................! 2,902,441 Regular Operating Expenses...................................................................................! 269,957 Travel............................................................................................................................! 77,589 Motor Vehicle Equipment Purchases..................................................................................................................! 75,018 Publications and Printing..........................................................................................! 74,601 Equipment Purchases.................................................................................................! 40,959 Computer Charges......................................................................................................! 56,000 Real Estate Rentals..................................................................................................! 236,291 Telecommunications...................................................................................................! 79,589 Per Diem, Fees and Contracts................................................................................! 138,555

FRIDAY, MARCH 7, 1986

2391

Rental Assistance Payments ..............................................................................$ 14,500,000 Grants to Housing Sponsors....................................................................................!} 500,000 Total Funds Budgeted ........................................................................................$ 18,951,000 State Funds Budgeted......................................................................................................$ -0-

Georgia Residential Finance Authority
Georgia Development Authority
Undistributed
Total

Authorities Functional Budgets Total Funds

$

18,576,000

$

375,000

$

-0;

$

18,951,000

State Funds

$

-0-

$

-0-

$

-0-

$

-0-

Section 17. Department of Corrections. A. Budget Unit: Departmental Operations.........................................................! 27,386,004
Departmental Operations Budget: Personal Services..................................................................................................! 11,193,676 Regular Operating Expenses ...................................................................................$ 727,000 Travel..........................................................................................................................$ 366,000 Motor Vehicle Equipment Purchases................................................................................................................! 400,000 Publications and Printing..........................................................................................! 65,000 Equipment Purchases.................................................................................................! 99,000 Computer Charges.................................................................................................! 1,640,000 Real Estate Rentals...............................................................................................! 1,112,000 Telecommunications.................................................................................................! 321,000 Per Diem, Fees and Contracts.............................................................................! 1,054,000 Utilities.........................................................................................................................! 50,000 County Subsidy......................................................................................................! 8,299,188 County Subsidy for Jails..........................................................................................! 221,900 Court Costs................................................................................................................! 350,000 Central Repair Fund ................................................................................................$ 581,000 Grants for County Workcamp Construction...................................................................................! 1,000,000 Local Jail Equipment Grants..........................................................................................! -0Grants for Local Jails...............................................................................................! 515,000 Capital Outlay...........................................................................................................! 316,000 Utilization Adjustment..........................................................................................! (254,760) Total Funds Budgeted ......................................................................................,,! 28,056,004 Indirect DOAS Funding...........................................................................................! 450,000 State Funds Budgeted.........................................................................................! 27,386,004

Departmental Operations Functional Budgets

Total Funds

General Administration and Support

$

11,492,941

!

Adult Facilities and Programs

!

15,293,094

!

Training and Staff Development

!

1,524,729

!

State Funds 11,042,941 15,073,094 1,524,729

2392

JOURNAL OF THE HOUSE,

Utilization Adjustment

(254,760)

(254,760)

Total

28,056,004

27,386,004

B. Budget Unit: Correctional Institutions, Transitional Centers and Support ......................................................................................................$ 167,153,480
Institutional Operations Budget: Personal Services................................................................................................$ 120,956,861 Regular Operating Expenses ..............................................................................$ 19,722,800 Travel............................................................................................................................$ 90,163 Motor Vehicle Equipment Purchases........................................................................................................................$ -0Publications and Printing..........................................................................................$ 90,000 Equipment Purchases............................................................................................! 2,096,110 Computer Charges.............................................................................................................$ -0Real Estate Rentals..................................................................................................! 305,000 Telecommunications..............................................................................................? 1,123,000 Per Diem, Fees and Contracts................................................................................$ 221,000 Utilities....................................................................................................................? 7,618,000 Payments to Central State Hospital for Meals .............................................................................................$ 2,464,000 Payments to Central State Hospital for Utilities..........................................................................................? 1,220,000 Payments to Public Safety for Meals.................................................................................................................$ 287,000 Inmate Release Funds..............................................................................................$ 877,000 Health Service Purchases ...................................................................................$ 11,600,000 Payments to the Medical Association of Georgia for Jail and Prison Health Care Certification....................................................................................................? 46,000 University of Georgia Cooperative Extension Service Contracts ..................................................................................................$ 239,000 Minor Construction Fund........................................................................................? 860,976 Authority Lease Rentals..........................................................................................? 440,000 Capital Outlay...................................................................................................................? -0Utilization Adjustment.......................................................................................? (1,556,430) Total Funds Budgeted......................................................................................? 168,700,480 State Funds Budgeted.......................................................................................? 167,153,480

Correctional Institutions, Transitional Centers, and Support Functional Budgets

Total Funds

Georgia Training and Development Center

2,115,770

Georgia Industrial Institute

8,687,691

Alto Education and Evaluation Center

1,596,640

Georgia Diagnostic and Classification Center

9,638,379

Georgia State Prison

18,996,064

State Funds 2,115,770 8,687,691 1,596,640 9,638,379 18,996,064

FRIDAY, MARCH 7, 1986

Consolidated Branches

$

Middle Georgia

Correctional

Institution

$

Jack T. Rutledge

Correctional

Institution

$

Central Correctional

Institution

$

Metro Correctional

Institution

$

Coastal Correctional

Institution

$

Central Funds

$

D.O.T. Work Details

$

Food Processing

and Distribution

$

Farm Operations

$

Dodge Correctional

Institution

$

Transitional Centers

$

Augusta Correctional and Medical Institution

$

Health Care

$

Richard H. Rogers Correctional Institution

Forsyth Correctional Institutionl

Federal Grants

Utilization Adjustment

Total

C. Budget Unit: Board of Pardons and Paroles.............................................
Board of Pardons and Paroles Budget: Personal Services..................................... Regular Operating Expenses................. Travel........................................................ Motor Vehicle Equipment Purchases.............................................. Publications and Printing...................... Equipment Purchases............................. Computer Charges.................................. Real Estate Rentals................................ Telecommunications...............................

14,989,546
21,391,635
4,262,917 3,691,079 5,003,469 4,805,099 13,812,421
725,000 12,938,047 5,400,078 3,711,163 3,714,238 6,372,643 21,401,283
4,139,349 2,864,399
-0(1,556,430) 168,700,480

2393 14,899,546
21,391,635
4,262,917
3,691,079
5,003,469
4,746,099 13,812,421
-0-
12,290,047 5,375,078
3,711,163 3,714,238
6,372,643 21,401,283
4,139,349
2,864,399 -0-
(1,556,430) 167,153,480
..$ 15,193.075 12,701,360 ...$ 331,970 ...$ 422,000 ....$ 70,000 ....$ 43,000 ....$ 85,000 ..$ 122,000 ..$ 852,000 ..$ 347,000

2394

JOURNAL OF THE HOUSE,

Per Diem, Fees and Contracts ..................................................................................$ 64,000 County Jail Subsidy .................................................................................................$ 293,895 Utilization Adjustment..........................................................................................$ (139,150) Total Funds Budgeted ........................................................................................$ 15,193,075 State Funds Budgeted.........................................................................................$ 15,193,075
D. Budget Unit: Georgia Correctional Industries ..................................................................................................................^ -0-
Georgia Correctional Industries Budget: Personal Services....................................................................................................! 2,602,238 Regular Operating Expenses ................................................................................$ 1,067,950 Travel............................................................................................................................$ 66,400 Motor Vehicle Equipment Purchases................................................................................................................! 198,000 Publications and Printing............................................................................................! 8,800 Equipment Purchases...............................................................................................! 310,000 Computer Charges........................................................................................................? 1,985 Real Estate Rentals....................................................................................................! 81,650 Telecommunications...................................................................................................! 75,000 Per Diem, Fees and Contracts................................................................................! 270,000 Cost of Sales...........................................................................................................! 6,380,000 Repayment of Prior Year's Appropriations.........................................................................................................! 84,000 Capital Outlay ...................................................................................................................$ -0Total Funds Budgeted ........................................................................................$ 11,146,023 State Funds Budgeted......................................................................................................! -0-
E. Budget Unit: Division of Probations..............................................................! 36,228,917 Operations Budget: Personal Services..................................................................................................! 35,437,387 Regular Operating Expenses ...................................................................................$ 861,000 Travel..........................................................................................................................! 678,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0Publications and Printing..........................................................................................! 92,000 Equipment Purchases...............................................................................................! 187,000 Computer Charges.............................................................................................................! -0Real Estate Rentals ...............................................................................................$ 1,078,000 Telecommunications.................................................................................................! 468,000 Utilities.......................................................................................................................! 326,000 Per Diem, Fees and Contracts..................................................................................! 12,000 Capital Outlay...........................................................................................................! 840,000 Utilization Adjustment..........................................................................................! (322,470) Total Funds Budgeted ........................................................................................$ 39,656,917 State Funds Budgeted.........................................................................................! 36,228,917

Division of Probations Functional Budgets

Total Funds

Probation Administration

$

801,405

$

Probation Field Operations

$

31,968,751

$

Diversion Centers

$

7,209,231

$

Utilization Adjustment

!

(322,470)

|

Total

!

39,656,917

$

State Funds 801,405
29,328,751 6,421,231 (322,470) 36,228,917

FRIDAY, MARCH 7, 1986

2395

Section 18. Department of Defense. Budget Unit: Department of Defense ..................................................................$ 3,954.941 Operations Budget: Personal Services.................................................................................,..................! 6,371,234 Regular Operating Expenses ................................................................................I 1,677,000 Travel............................................................................................................................$ 60,000 Motor Vehicle Equipment Purchases..................................................................................................................! 10,000 Publications and Printing..........................................................................................! 40,000 Equipment Purchases...............................................................................................! 107,850 Computer Charges......................................................................................................! 18,000 Real Estate Rentals......................................................................................................! 8,000 Telecommunications...................................................................................................! 76,000 Per Diem, Fees and Contracts................................................................................! 141,000 Utilities....................................................................................................................! 1,655,000 Grants to Locals EMA (P&A) M/S ...............................................................................................$ 1,498,000 Grants - Others ...........................................................................................................$ 41,000 Georgia Military Institute Grant..............................................................................! 18,000 Civil Air Patrol Contract...........................................................................................! 42,000 Capital Outlay ...................................................................................................................$ -0Grants to Armories...................................................................................................! 510,000 Repairs and Renovations ...........................................................................................$ 71,000 Utilization Adjustment............................................................................................! (65,530) Total Funds Budgeted ........................................................................................$ 12,278,554 State Funds Budgeted...........................................................................................! 3,954,941

Department of Defense Functional Budgets

Total Funds

Office of the Adjutant General

2,535,212

Georgia Emergency Management Agency

1,786,743

Georgia Air National Guard

2,973,515

Georgia Army National Guard

5,048,614

Utilization Adjustment

(65,530)

Total

12,278,554

State Funds 1,035,718 793,386 406,590 1,784,777 (65,530) 3,954,941

Section 19. State Board of Education -
Department of Education. Budget Unit: Department of
Education..............................................................................................! 1.981,493,852 Operations:
Personal Services..................................................................................................! 33,784,335 Regular Operating Expenses ................................................................................$ 3,268,210 Travel.......................................................................................................................! 1,045,401 Motor Vehicle Equipment
Purchases................................................................................................................! 115,000 Publications and Printing........................................................................................! 510,375 Equipment Purchases...............................................................................................! 271,815

2396

JOURNAL OF THE HOUSE,

Computer Charges.................................................................................................! 8,239,140 Real Estate Rentals ...............................................................................................$ 1,997,335 Telecommunications.................................................................................................! 610,688 Per Diem, Fees and Contracts .............................................................................$ 9,158,755 Utilities....................................................................................................................! 1,098,045 Capital Outlay ........................................................................................................$ 1,030,000 OBE Formula Grants:
Kindergarten ...................................................................................................$ 120,621,279 Grades 1-3.......................................................................................................$ 330,888,401 Grades 4-8.......................................................................................................$ 390,033,137 Grades 9-12.....................................................................................................$ 209,108,876 Indirect Cost ...................................................................................................$ 340,262,204 High School Laboratories ...............................................................................$ 58,367,296 Vocational Education
Laboratories ..................................................................................................$ 67,642,730 Special Education...........................................................................................$ 104,393,896 Gifted .................................................................................................................$ 10,417,109
Remedial Education.........................................................................................$ 13,383,097 Staff Development .............................................................................................$ 5,967,005 Media .................................................................................................................$ 62,040,723 Pre-Paid Teacher
Retirement................................................................................................$ (142,000,000) July/August APEG Salaries .........................................................................$ 231,464,756 Pupil Transportation...........................................................................................! 99,464,112
Isolated Schools.........................................................................................................! 886,547 Local Fair Share..............................................................................................! (263,245,650)
Other QBE Categorical Grants: Equalization Formula......................................................................................! 84,407,589
Grants for Contract Transfer Payment......................................................................................................! -0-
Sparsity Grants......................................................................................................! 500,000
Education of Children of
Low-Income Families...................................................................................! 78,364,380 Retirement...........................................................................................................! 1,700,000
Instructional Services for the Handicapped..........................................................................................! 22,688,125
Tuition for the Multi-
handicapped....................................................................................................! 1,472,000 Severely Emotionally
Disturbed .......................................................................................................$ 26,414,028 School Lunch (Fed.) ......................................................................................$ 121,090,490
School Lunch (State).......................................................................................! 20,939,378 Innovative Programs.............................................................................................! 548,000
Supervision and Assessment
of Students and Beginning Teachers and Performance Based Certification.........................................................................................! 5,116,748
Regional Educational Service Areas...................................................................................................! 5,288,671
Georgia Learning Resources System..............................................................................................................! 1,249,371
High School Program ......................................................................................I 13,071,296
High School Program (Salaries; July/August) ..................................................................................$ 3,579,853
Special Education/ State Institutions............................................................................................! 2,603,867
Governor's Scholarship.........................................................................................! 500,000
Special Projects.....................................................................................................! 240,000

FRIDAY, MARCH 7, 1986

2397

Job Training and Partnership Act ..............................................................................................$ 2,860,000
Vocational Research and Curriculum ...............................................................................................-.........$ 366,540
Adult Education .................................................................................................$ 3,634,434 Salaries and Travel of
Public Librarians............................................................................................$ 7,926,960 Public Library Materials...................................................................................$ 4,133,430 Talking Book Centers...........................................................................................$ 737,570 Public Library M & 0.......................................................................................$ 3,204,525
Special Education/Hold Harmless ..........................................................................................................$ 8,096,048
Health Insurance - Non Certificated Personnel .................................................................................$ 21,624,000
Teacher Health Insurance Retired Teachers ............................................................................................$ 7,807,000
Grants to Local School Systems for Educational Purposes.........................................................................................................$ 78,000,000
Payment of Federal Funds to Board of Postsecondary Vocation Education......................................................................................$ 10,440,540
Child Care Lunch Program (Federal) ........................................................................................$ 14,261,645
Local School Construction (Asbestos) ................................................................................$ 3,100,000
Chapter II - Block Grant Flow Through ....................................,................................................................$ 8,702,655
Utilization Adiustment..........................................................................-.............$ (298,300) Total Funds Budgeted .........................,.........................................................$ 2,265,195,460
Indirect DOAS Services Funding...................................................................................................................$ 340,000
State Funds Budgeted....................................................................................$ 1,981,493,852

Instructional Services
Governor's Honors Program
Vocational Education
Public Library Services
State Administration
Administrative Services
Planning and Development
Professional Standards Commission

Education Functional Budgets Total Funds

$

7,298,768

$

823,603

$

5,394,495

$

1,944,883

$

10,627,561

$

8,970,746

$

10,060,955

$

194,598

State Funds

$

4,551,833

$

808,603

$

2,631,945

$

947,883

$

9,390,336

$

5,814,896

$

9,200,625

$

194,598

2398

JOURNAL OF THE HOUSE,

Vocational Advisory Council
Professional Practices Commission
Georgia Academy for the Blind
Georgia School for the Deaf
Atlanta Area School for the Deaf
Local Programs
Utilization Adjustment
Total

160,216

473,664

3,983,628

6,386,180

$

4,809,802

$ 2,204,364,661

f

(298,300)

$ 2,265,195,460

$

-0-

$

473,664

$

3,683,198

$

6,206,465

$

4,567,487

$ 1,933,320,619

|

(298.300)

$ 1,981,493,852

Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement System .....................................................................................................................$ -0Employees' Retirement System Budget: Personal Services.......................................................................................................? 773,361 Regular Operating Expenses .....................................................................................$ 12,000 Travel..............................................................................................................................? 7,500 Motor Vehicle Equipment Purchases ............................................................................$ -0Publications and Printing..........................................................................................! 22,000 Equipment Purchases...................................................................................................? 1,000 Computer Charges....................................................................................................? 174,000 Real Estate Rentals..................................................................................................? 101,000 Telecommunications...................................................................................................? 12,000 Per Diem, Fees and Contracts................................................................................? 555,000 Postage..........................................................................................................................? 65,000 Benefits to Retirees..........................................................................................................? -0Employer Contribution....................................................................................................? -0Total Funds Budgeted..........................................................................................? 1,722,861 State Funds Budgeted......................................................................................................? -0-

Section 21. Forestry Commission. Budget Unit: Forestry Commission....................................................................! 29,320,164 State Operations Budget: Personal Services..................................................................................................? 23,154,289 Regular Operating Expenses................................................................................? 5,558,150 Travel..........................................................................................................................? 134,000
Motor Vehicle Equipment Purchases.............................................................................................................? 1,334,000
Publications and Printing..........................................................................................? 87,000 Equipment Purchases............................................................................................? 2,182,810 Computer Charges......................................................................................................? 59,000 Real Estate Rentals....................................................................................................? 28,000 Telecommunications.................................................................................................? 572,000 Per Diem, Fees and Contracts................................................................................? 171,000 Contractual Research...............................................................................................? 250,000 Payments to the University of
Georgia, School of Forestry for Forest Research...............................................................................................? 300,000

FRIDAY, MARCH 7, 1986

2399

Ware County Grant ....................................................................................................$ 90,000 Wood Energy Program...............................................................................................! 68,000 Capital Outlay...........................................................................................................! 139,725 Utilization Adjustment..........................................................................................! (260,760) Total Funds Budgeted ........................................................................................$ 33,867,214 State Funds Budgeted.........................................................................................! 29,320,164

Forestry Commission Functional Budgets

Total Funds

Reforestation

$

3,150,965

Field Services

$

29,022,581

Wood Energy

$

68,000

General Administration and Support

1,886,428

Utilization Adjustment

(260,760)

Total

33,867,214

State Funds 1,037,915 26,596,581 68,000
1,878,428 (260,760) 29,320,164

Section 22. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation.........................................................................................! 28,099,779 Operations Budget: Personal Services..................................................................................................! 19,321,959 Regular Operating Expenses ................................................................................$ 1,777,730 Travel..........................................................................................................................! 528,000 Motor Vehicle Equipment Purchases.............................................................................................................! 1,145,550 Publications and Printing........,.................................................................................! 93,750 Equipment Purchases...............................................................................................! 654,830 Computer Charges .................................................................................................$ 2,593,000 Real Estate Rentals ...............................................................................................$ 1,458,000 Telecommunications..............................................................................................! 1,250,800 Per Diem, Fees and Contracts..................................................................................! 34,000 Evidence Purchased..................................................................................................! 440,000 Utilities.........................................................................................................................! 93,000 Postage..........................................................................................................................! 72,510 Capital Outlay...........................................................................................................! 300,000 Utilization Adjustment..........................................................................................! (263,350) Total Funds Budgeted ........................................................................................$ 29,499,779 Indirect DOAS Funding........................................................................................! 1,400,000 Total State Funds Budgeted..............................................................................! 28,099,779

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration

2,595,419

2,595,419

Drug Enforcement

5,862,985

5,862,985

Investigative

9,474,992

9,474,992

2400

JOURNAL OF THE HOUSE,

Georgia Crime Information Center

$

7,230,699

$

5,830,699

Utilization Adjustment

$

(219,708)

$

(219,708)

Total

$

24,944,387

$

23,544,387

Forensic Sciences Budget:

Personal Services....................................................................................................$ 3,683,034 Regular Operating Expenses ...................................................................................$ 391,000 Travel............................................................................................................................$ 30,000 Motor Vehicle Equipment Purchases......................................................................? 94,000 Publications and Printing............................................................................................! 8,000 Equipment Purchases...............................................................................................! 135,000 Computer Charges ....................................................................................................$ 124,000 Real Estate Rentals..........................................................................................................! -0Telecommunications...................................................................................................$ 89,000 Per Diem, Fees and Contracts....................................................................................? 5,000 Capital Outlay...................................................................................................................! -0Postage............................................................................................................................$ 5,000 Utilities.........................................................................................................................! 35,000 Utilization Adjustment............................................................................................! (43,642) Total Funds............................................................................................................! 4,555,392 State Funds.............................................................................................................! 4,555,392

Section 23. Georgia State Financing
and Investment Commission. Budget Unit: Georgia State
Financing and Investment Commission .......................................................................................$ -0Departmental Operations Budget: Personal Services.......................................................................................................! 977,300 Regular Operating Expenses.....................................................................................! 29,275 Travel..............................................................................................................................! 9,000 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing............................................................................................? 1,200 Equipment Purchases...................................................................................................! 2,325 Computer Charges ......................................................................................................$ 16,937 Real Estate Rentals....................................................................................................? 86,130 Telecommunications...................................................................................................? 11,100 Per Diem, Fees and Contracts................................................................................? 115,000 Total Funds Budgeted ..........................................................................................$ 1,248,267 State Funds Budgeted......................................................................................................? -0-

Section 24. Office of the Governor. A. Budget Unit: Governor's Office.........................................................................! 5,753,247
1. Governor's Office Budget: Cost of Operations.................................................................................................? 2,435,967 Mansion Allowance.....................................................................................................? 40,000 Governor's Emergency Fund................................................................................? 2,500,000 Intern Stipends and Travel.....................................................................................? 150,000 Total Funds Budgeted..........................................................................................? 5,125,967 State Funds Budgeted...........................................................................................? 5,125,967
2. Office of Fair Employment Practices Budget: Personal Services.......................................................................................................! 523,640

FRIDAY, MARCH 7, 1986

2401

Regular Operating Expenses .....................................................................................$ 10,000 Travel............................................................................................................................! 11,000 Motor Vehicle Equipment Purchases ............................................................................$ -0Publications and Printing............................................................................................$ 3,000 Equipment Purchases.................................................................................................! 10,000 Computer Charges.............................................................................................................! -0Real Estate Rentals....................................................................................................! 57,000 Telecommunications...................................................................................................! 11,000 Per Diem, Fees and Contracts..................................................................................! 68,000 Utilization Adjustment..............................................................................................! (6,360) Total Funds Budgeted .............................................................................................$ 687,280 State Funds Budgeted..............................................................................................! 627,280
Budget Unit Object Classes: Cost of Operations.................................................................................................! 2,435,967 Mansion Allowance..............................................................,......................................! 40,000 Governor's Emergency Fund................................................................................! 2,500,000 Intern Stipends and Travel.....................................................................................! 150,000 Personal Services.......................................................................................................! 523,640 Regular Operating Expenses .....................................................................................$ 10,000 Travel............................................................................................................................! 11,000 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing............................................................................................! 3,000 Equipment Purchases.................................................................................................! 10,000 Computer Charges.............................................................................................................! -0Real Estate Rentals ....................................................................................................$ 57,000 Telecommunications...................................................................................................! 11,000 Per Diem, Fees and Contracts..................................................................................! 68,000 Utilization Adjustment..............................................................................................! (6,360)
B. Budget Unit: Office of Planning and Budget....................................................................................................! 3.890.477
Office of Planning and Budget Budget: Personal Services....................................................................................................! 3,289,617 Regular Operating Expenses .....................................................................................$ 89,000 Travel............................................................................................................................! 60,000 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing..........................................................................................! 36,000 Equipment Purchases.................................................................................................! 25,000 Computer Charges....................................................................................................! 183,560 Real Estate Rentals ..................................................................................................$ 197,000 Telecommunications...................................................................................................! 52,000 Per Diem, Fees and Contracts..................................................................................! 95,000 Utilization Adjustment............................................................................................! (36,700) Total Funds Budgeted ..........................................................................................$ 3,990,477 State Funds Budgeted...........................................................................................! 3,890,477
C. Budget Unit: Units Attached for Administrative Purposes Only...............................................................................................! 5,693,060
Attached Units Budget: Personal Services....................................................................................................! 3,106,052 Regular Operating Expenses ...................................................................................$ 140,000 Travel............................................................................................................................! 86,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0Publications and Printing........................................................................................! 106,000

2402

JOURNAL OF THE HOUSE,

Equipment Purchases.................................................................................................! 23,000 Computer Charges ......................................................................................................$ 51,000 Real Estate Rentals..................................................................................................! 251,000 Telecommunications.................................................................................................! 145,000 Per Diem, Fees and Contracts.............................................................................! 5,451,000 Art Grants - State Funds .....................................................................................$ 2,250,029 Art Grants - Federal Funds ....................................................................................$ 376,000 Art Grants - Donations..............................................................................................! 44,000 Humanities Grant - State Funds..............................................................................! 50,000 Utilization Adjustment............................................................................................! (39,470) Total Funds Budgeted ........................................................................................$ 12,039,611 State Funds Budgeted...........................................................................................! 5,693,060

Attached Units Functional Budgets

Total Funds

Council for the Arts

$

3,222,289

Office of Consumer Affairs

!

1,761,929

State Energy Office

$

6,111,227

Governor's Committee on Post-Secondary Education

!

161,037

Consumers' Utility Counsel

$

455,125

Criminal Justice Coordinating Council

!

367,474

Utilization Adjustment

!

(39,470)

Total

$

12,039,611

State Funds

!

2,692,289

!

1,761,929

!

294,676

!

161,037

!

455,125

!

367,474

$

(39,470)

$

5,693,060

Section 25. Grants to Counties and Municipalities.
Budget Unit: Grants to Counties and Municipalities..............................................................................................! 6,800,000
Grants to Counties.................................................................................................! 2,600,000
Grants to Municipalities.......................................................................................! 4,200,000 Total Funds Budgeted ..........................................................................................$ 6,800,000 State Funds Budgeted..........................................................................................-! 6,800,000

Section 26. Department of Human Resources.
A. Budget Unit: Departmental Operations.................................................................................................! 344,712,594
1. General Administration and Support Budget: Personal Services..................................................................................................! 34,510,583 Regular Operating Expenses ................................................................................$ 1,275,446 Travel.......................................................................................................................! 1,111,390
Motor Vehicle Equipment Purchases..................................................................................................................! 26,000
Publications and Printing........................................................................................! 141,945

FRIDAY, MARCH 7, 1986

2403

Equipment Purchases...............................................................................,...............$ 172,577
Computer Charges .................................................................................................$ 1,394,000 Real Estate Rentals...............................................................................................! 3,740,750 Telecommunications.................................................................................................! 705,026 Per Diem, Fees and Contracts...........................................................................! 10,094,620 Utilities.......................................................................................................................! 185,000 Postage........................................................................................................................! 721,046 Capital Outlay.............................................................................................................! 24,000 Institutional Repairs
and Maintenance...................................................................................................! 132,000 Menninger Group Homes ........................................................................................$ 402,000 Benefits for Child Care........................................................................................-! 2,144,317 Contract - Georgia
Advocacy Office, Inc. ............................................................................................$ 215,000 Utilization Adjustment..........................................................................................! (228,869) Total Funds Budgeted ........................................................................................$ 56,766,831 Indirect DOAS Services Funding...........................................................................! 638,300 State Funds Budgeted.........................................................................................! 25,821,652

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office

!

745,499

!

745,499

Administrative Appeals

$

1,017,125

$

1,017,125

Administrative Policy, Coordination, and Direction

232,110

232,110

Personnel

6,367,551

6,284,950

Support Services Indirect Cost

2,684,885 -0-

2,472,285 (5,476,184)

Facilities Management

4,230,946

3,043,329

Public Affairs

423,523

423,523

Community/ Intergovernmental Affairs

459,934

459,934

Budget Administration

1,499,559

1,499,559

Accounting Services

4,432,992

4,232,992

Auditing Services

1,732,942

1,732,942

Special Projects

287,000

287,000

Children and Youth Planning

199,098

199,098

Troubled Children Benefits

2,546,317

2,546,317

Developmental Disabilities

255,145

-0-

Council on Maternal and Infant Health

120,036

120,036

2404

JOURNAL OF THE HOUSE,

Council on Family Planning
Community Services

16,610

1,661

9,339,258

-0-

Regulatory Services Program Direction and Support

660,077

585,077

Child Care Licensing

1,933,665

1,916,815

Laboratory Improvement

733,929

471,347

Health Care Facilities Regulation

2,455,353

792,569

Compliance Monitoring

328,866

328,866

Radiological Health

742,439

558,936

Fraud and Abuse

3,978,682

278,790

Child Support Recovery

$

9,572,159

1,295,945

Utilization Adjustment

|

(228,869)

(228,869)

Total

$

56,766,831

25,821,652

2. Public Health Budget: Personal Services..................................................................................................$ 35,137,287 Regular Operating Expenses ..............................................................................$ 46,645,610 Travel..........................................................................................................................$ 981,720 Motor Vehicle Equipment Purchases........................................................................................................................$ -0Publications and Printing........................................................................................! 302,700 Equipment Purchases...............................................................................................! 336,635 Computer Charges....................................................................................................! 461,000 Real Estate Rentals ..................................................................................................$ 674,100 Telecommunications.................................................................................................! 565,000 Per Diem, Fees and Contracts...........................................................................! 16,294,236 Utilities...............................................................................................................................! -0Postage..........................................................................................................................! 86,000 Crippled Children Clinics........................................................................................! 518,000 Grants for Regional Intensive Infant Care.........................................................................................! 4,936,795 Grants for Regional Maternal and Infant Care.................................................................................! 2,055,000 Midwifery Program Benefits................................................................................! 1,325,000 Crippled Children Benefits ..................................................................................$ 6,933,116 Kidney Disease Benefits ..........................................................................................$ 505,000 Cancer Control Benefits........................................................................................! 2,388,000 Contract for the Purchase of Clotting Factor for the Hemophilia Program ............................................................................................$ 300,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants.......................................................................................................! 5,113,000 Grant to Grady Hospital for Cystic Fibrosis Program.........................................................................................! 42,000 Contract with Emory University for Cancer Research..............................................................................................! 119,000

FRIDAY, MARCH 7, 1986

2405

Contract with Auditory Educational Clinic.................................................................................................$ 105,000
Grant-In-Aid to Counties ...................................................................................$ 48,572,275 Contract with Emory University
for Arthritis Research...........................................................................................$ 215,000 Contract for
Scoliosis Screening ................................................................................................$ 115,000 Family Planning Benefits ........................................................................................$ 302,000 Grants to Counties for Teenage
Pregnancy Prevention .....................................,....................................................$ 265,000 Grant to Counties for
Metabolic Disorders Screening and Treatment ......................................................................................$ 47,000 Contract - Macon-Bibb County Hospital Authority .............................................................................................$ 5,000,000 Utilization Adjustment..........................................................................................! (342,834) Total Funds Budgeted ......................................................................................$ 179,997,640 Indirect DOAS Services Funding ...........................................................................$ 549,718 State Funds Budgeted.......................................................................................! 102,209,726

Public Health Functional Budgets

Total Funds

Director's Office

722,493

Employee's Health

358,915

Health Program Management

893,004

Vital Records

1,483,658

Health Services Research

620,498

Primary Health Care

930,456

Stroke and Heart Attack Prevention

1,830,104

Epidemiology

1,560,495

Immunization

455,426

Sexually Transmitted Diseases

1,491,721

Community Tuberculosis Center

1,373,658

Family Health Management

7,758,334

Infant and Child Health

8,372,397

Maternal Health Perinatal

236,303

Family Planning

8,750,203

Malnutrition

51,334,468

Dental Health

1,531,280

Children's Medical Services

10,783,888

State Funds 525,268 323,915 808,004
1,420,658 397,680 930,456
1,300,104 874,289 -0-
360,459
1,241,790 2,569,780 8,239,324
6,464 3,810,203
-01,321,105
8,011,273

2406

JOURNAL OF THE HOUSE,

Chronic Disease

1,382,595

1,382,595

Diabetes

525,439

525,439

Cancer Control

3,257,946

3,257,946

Environmental Health

947,425

408,653

Laboratory Services

4,139,871

4,004,871

Emergency Health

2,376,923

1,316,423

Minimum Foundation

8,897,918

8,761,461

Newborn Follow Up Care

782,447

599,497

Sickle Cell, Vision and Hearing

1,125,191

1,125,191

High-Risk Pregnant Women and Infants

6,865,057

6,865,057

Grant in Aid to Counties

45,333,885

40,080,922

Teenage Pregnancy Prevention

265,000

265,000

Community Health Management

1,407,194

816,977

Community Care

2,546,282

1,001,756

Utilization Adjustment Total

I

(342.834)

$ 179,997,640

(342.834) 102,209,726

3. Mental Health - Program Direction and Support Budget: Personal Services....................................................................................................! 4,877,683 Regular Operating Expenses .....................................................................................$ 91,000 Travel..........................................................................................................................$ 127,000 Motor Vehicle Equipment Purchases ............................................................................$ -0Publications and Printing..........................................................................................! 39,000 Equipment Purchases.................................................................................................! 43,000 Computer Charges.................................................................................................! 1,040,000 Real Estate Rentals..........................................................................................................! -0Telecommunications.................................................................................................! 247,000 Per Diem, Fees and Contracts................................................................................! 276,000 Utilities...............................................................................................................................! -0Postage............................................................................................................................! 1,000 Contract with Housing Alternatives............................................................................................! 100,000 Utilization Adjustment............................................................................................! (60.310) Total Funds Budgeted ..........................................................................................$ 6,781,373 Indirect DOAS Services Funding...........................................................................! 779,100 State Funds Budgeted...........................................................................................! 5,553,228

Administration

Mental Health - Program Direction and Support Functional Budgets

Total Funds

!

6,797,398

State Funds

!

5,864,253

FRIDAY, MARCH 7, 1986

2407

Indirect Cost

-0-

(295,000)

MH/MR Advisory Council

$

44,285

44,285

Utilization Adjustment

$

(60,310)

(60,310)

Total

$

6,781,373

5,553,228

4. Youth Services - Program Direction and Support: Personal Services....................................................................................................! 1,508,948 Regular Operating Expenses .....................................................................................$ 23,000 Travel............................................................................................................................$ 31,000 Motor Vehicle Equipment Purchases ............................................................................$ -0Publications and Printing............................................................................................! 5,000 Equipment Purchases.................................................................................................! 12,000 Computer Charges ......................................................................................................$ 62,000 Real Estate Rentals..........................................................................................................! -0Telecommunications .............................................,.............,,.....................................,! 38,000 Per Diem, Fees and Contracts....................................................................................! 4,000 Utilities...............................................................................................................................! -0Postage................................................................................................................................$ -0Utilization Adjustment............................................................................................! (16.260) Total Funds Budgeted ..........................................................................................$ 1,667,688 Indirect DOAS Services Funding ...................................................................................$ -0State Funds Budgeted...........................................................................................! 1,667,688

5. Services to the Aged Budget: Personal Services....................................................................................................! 2,116,949 Regular Operating Expenses.....................................................................................! 46,000 Travel............................................................................................................................! 58,000 Motor Vehicle Equipment Purchases.,......................................................................................................................! -0Publications and Printing..........................................................................................! 21,000 Equipment Purchases.................................................................................................! 11,000 Computer Charges......................................................................................................! 75,000 Real Estate Rentals......................................................................................................! 4,000 Telecommunications...................................................................................................! 66,000 Per Diem, Fees and Contracts...........................................................................! 24,036,500 Utilities...............................................................................................................................! -0Payments to DMA .................................................................................................$ 6,898,000 Postage............................................................................................................................! 1,000 Utilization Adjustment............................................................................................! (43^870) Total Funds Budgeted ........................................................................................$ 33,289,579 State Funds Budgeted.........................................................................................! 11,475,044

Services to the Aged Functional Budgets

Total Funds

Administration and Planning

!

2,809,349

Aging Services

!

23,626,100

Alternative Health Services

6,898,000

Utilization Adjustment

(43,870)

Total

33,289,579

State Funds
1,450,742 3,170,172
6,898,000
(43,870)
11,475,044

2408

JOURNAL OF THE HOUSE,

6. Rehabilitation Services Budget: Personal Services..................................................................................................$ 25,652,024 Regular Operating Expenses ................................................................................$ 1,127,000 Travel..........................................................................................................................! 537,000 Motor Vehicle Equipment Purchases..................................................................................................................! 23*000 Publications and Printing..........................................................................................? 49,000 Equipment Purchases...............................................................................................! 141,000 Computer Charges ....................................................................................................$ 786,000 Real Estate Rentals ...............................................................................................$ 1,038,000 Telecommunications.................................................................................................! 625,000 Per Diem, Fees and Contracts................................................................................! 910,000 Utilities.......................................................................................................................! 282,000 Capital Outlay...................................................................................................................! -0Postage..........................................................................................................................! 94,000 Institutional Repairs and Maintenance...........................................................................................................! -0Grants for Nephrology Centers...............................................................................! 245,000 Contract with Vocational Rehabilitation Community Facilities..............................................................................................................! 5,085,515 Contract for Epilepsy.................................................................................................! 67,000 Case Services..........................................................................................................! 9,816,000 E.S.R.P. Case Services...............................................................................................! 50,000
Contract with the Affirmative Industries................................................................................................................! 110,000
Contract with RCW Industries, Inc.............................................................................................! 146,000
Utilization Adjustment............................................................................................! (68,903) Total Funds Budgeted........................................................................................! 46,714,636 Indirect DOAS Services Funding.............................................................................! 50,000 State Funds Budgeted.........................................................................................! 14,595,276

Rehabilitation Services Functional Budgets

Total Funds

Program Direction and Support

!

2,915,924

!

Grants Management

$

584,510

!

Atlanta Rehabilitation Center

!

2,419,064

!

Rehabilitation Center for the Deaf - Cave Spring

!

496,125

!

Central Rehabilitation Center

!

604,152

!

Georgia Vocational Adjustment Center Gracewood

!

440,431

!

Ireland Rehabilitation Center

!

407,492

!

Rome Rehabilitation Center

$

220,243

!

State Funds 1,197,089 473,190 486,360 99,225 120,831
88,086 81,502 44,689

FRIDAY, MARCH 7, 1986

2409

J. F. Kennedy Center

428,303

Production Workshop

1,100,980

District Field Services

30,647,174

Independent Living

329,391

Sheltered Employment

1,104,235

Community Facilities

4,690,813

Bobby Dodd Workshop

394,702

Utilization Adjustment

(68.903)

Total

46,714,636

$

7. Roosevelt Warm Springs Rehabilitation Institute: Personal Services..................................................................................................} 10,870,400 Regular Operating Expenses ................................................................................$ 1,687,000 Travel............................................................................................................................} 48,000 Motor Vehicle Equipment Purchases..................................................................................................................} 54,000 Publications and Printing..........................................................................................} 15,000 Equipment Purchases...............................................................................................} 110,000 Computer Charges ......................................................................................................$ 62,000 Real Estate Rentals....................................................................................................} 11,000 Telecommunications.................................................................................................} 173,000 Per Diem, Fees and Contracts.............................................................................} 1,452,000 Utilities.......................................................................................................................} 578,000 Postage..........................................................................................................................} 14,300 Case Services......................................................................................................................} -0Capital Outlay...................................................................................................................} -0Institutional Repairs and Maintenance...........................................................................................................} -0Utilization Adjustment............................................................................................} (40,103) Total Funds Budgeted........................................................................................} 15,034,597 Indirect DOAS Services Funding.............................................................................} 50,000 State Funds Budgeted...........................................................................................} 4,048,819

Roosevelt Warm Springs Rehabilitation Institute Functional Budgets

Total Funds

State Funds

Administration

5,693,760

2,528,665

Rehabilitation Services

9,380,940

1,560,257

Utilization Adjustment

(40,103)

(40,103)

Total

15,034,597

4,048,819

8. Georgia Factory for the Blind Budget: Personal Services....................................................................................................} 4,682,148 Regular Operating Expenses................................................................................} 8,332,000 Travel........................................................................................................... ...............} 17,000
Motor Vehicle Equipment Purchases.............................................................................................} 20,000

2410

JOURNAL OF THE HOUSE,

Publications and Printing............................................................................................$ 9,000 Equipment Purchases.................................................................................................$ 42,000 Computer Charges ......................................................................................................$ 70,000 Real Estate Rentals ..........................................................................................................$ -0Telecommunications...................................................................................................$ 30,000 Per Diem, Fees and Contracts ..................................................................................$ 66,000 Utilities.......................................................................................................................$ 125,000 Postage............................................................................................................................$ 6,000 Capital Outlay ...................................................................................................................$ -0Utilization Adjustment..............................................................................................! (5,210) Total Funds Budgeted ........................................................................................$ 13,393,938 State Funds Budgeted..............................................................................................! 535,996

Georgia Factory for the Blind Functional Budgets

Total Funds

State Funds

Operations

$

12,857,942

$

-0-

Supervision

$

541,206

$

541,206

Utilization Adjustment

$

(5.210)

$

(5.210)

Total

$

13,393,938

$

535,996

9. Rehabilitation Services Disability Adjudication Budget: Personal Services..................................................................................................! 12,215,508 Regular Operating Expenses ...................................................................................$ 273,000 Travel............................................................................................................................$ 82,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0Publications and Printing..........................................................................................! 41,000 Equipment Purchases...............................................................................................! 150,000 Computer Charges....................................................................................................! 370,000 Real Estate Rentals ..................................................................................................$ 752,000 Telecommunications.................................................................................................! 494,000 Per Diem, Fees and Contracts.............................................................................! 1,441,000 Utilities...............................................................................................................................! -0Postage........................................................................................................................! 342,000 Case Services........................................................................................................! 11.832.000 Total Funds Budgeted ........................................................................................$ 27,992,508 State Funds Budgeted......................................................................................................! -0-

10. Family and Children Services Budget: Personal Services..................................................................................................! 11,902,095 Regular Operating Expenses ..............................................................................$ 16,968,000 Travel..........................................................................................................................! 390,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0Publications and Printing........................................................................................! 673,000 Equipment Purchases...............................................................................................! 132,000 Computer Charges...............................................................................................! 11,090,000 Real Estate Rentals ..................................................................................................$ 227,000 Per Diem, Fees and Contracts...........................................................................! 31,997,000 Telecommunications.................................................................................................! 972,000 Utilities...........................................................................................................................! 7,000 Postage........................................................................................................................! 949,000

FRIDAY, MARCH 7, 1986

AFDC Benefits................................ Grants to County DFACS -
Operations .................................... WIN Benefits................................... Benefits for Child Care.................. SSI - Supplement Benefits............ Utilization Adjustment................... Total Funds Budgeted................... Indirect DOAS Services Funding. State Funds Budgeted....................

Family and Children Services Functional Budgets

Total Funds

Refugee Benefits

1,104,936

AFDC Payments

237,079,440

SSI - Supplement Benefits

20,000

Energy Benefits

16,026,500

County DFACS Operations Social Services

39,555,806

County DFACS Operations Homemaker Services

5,497,208

County DFACS Operations Eligibility

59,577,189

County DFACS Operations Joint and Administration

37,883,721

Food Stamp Issuance

2,512,000

Grants to Fulton County for 24-hour Emergency Services

245,982

Director's Office

543,591

Administration and Management

5,040,665

District Administration

3,322,549

Program Planning, Development, and Training

7,495,007

Management Information Systems

13,474,195

Child Development Administration
Indirect Cost

1,037,877 -0-

Work Incentive Benefits

4,020,594

Legal Services

700,000

2411 $ 237,079,440 $ 142,759,906 .......$ 886,594 ..$ 19,745,784 .........$ 20,000 ....$ (913,294) $ 474,885,525 ....$ 2,339,882 $ 178,805,165
State Funds -0-
80,488,470 20,000 -0-
16,316,593
4,915,808
29,658,115
18,741,848 -0-
245,982 543,591
3,670,859 3,322,549
3,909,111
5,526,963
1,037,877 (7,489,566)
707,410 475,000

2412

JOURNAL OF THE HOUSE,

Family Foster Care

15,034,474

$

9,432,180

Institutional Foster Care

2,932,380

!

2,047,639

Specialized Foster Care

337,700

$

100,407

Adoption Supplement

1,109,230

$

1,054,848

Liability Insurance

32,700

$

32,700

Day Care

19,924,430

$

4,302,278

Psychiatric, Psychological and Speech Therapy

130,000

$

128,500

Maternity Care

50,000

$

50,000

Return of Runaways County

7,000

$

7,000

Home Management Contracts

172,200

$

44,016

Outreach - Contracts

710,030

$

206,866

Special Projects

221,415

$

221,415

Utilization Adjustment

(913.294)

$

(913,294)

Total

$ 474,885,525

$ 178,805,165

Budget Unit Object Classes: Personal Services................................................................................................! 143,473,625 Regular Operating Expenses ..............................................................................$ 76,468,056 Travel.......................................................................................................................$ 3,383,110 Motor Vehicle Equipment Purchases................................................................................................................! 123,000 Publications and Printing.....................................................................................! 1,296,645 Equipment Purchases............................................................................................! 1,150,212 Computer Charges...............................................................................................! 15,410,000 Real Estate Rentals...............................................................................................! 6,446,850 Telecommunications..............................................................................................! 3,915,026 Per Diem, Fees and Contracts...........................................................................! 86,571,356 Utilities....................................................................................................................! 1,177,000 Postage.....................................................................................................................! 2,214,346 Capital Outlay .............................................................................................................$ 24,000 Grants for Regional Intensive Infant Care.........................................................................................! 4,936,795 Grants for Regional Maternal and Infant Care.................................................................................! 2,055,000 Crippled Children Benefits ..................................................................................$ 6,933,116 Crippled Children Clinics ........................................................................................$ 518,000 Kidney Disease Benefits ..........................................................................................$ 505,000 Cancer Control Benefits........................................................................................! 2,388,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants.......................................................................................................! 5,113,000 Family Planning Benefits ........................................................................................$ 302,000 Benefits for Midwifery Program..........................................................................! 1,325,000 Grant-In-Aid to Counties ...................................................................................$ 48,572,275 Work Incentive Benefits ..........................................................................................$ 886,594

FRIDAY, MARCH 7, 1986

2413

Benefits for Child Care .......................................................................................$ 21,890,101 Grants for Nephrology Centers...............................................................................! 245,000 Case Services ........................................................................................................$ 21,648,000 E.S.R.P. Case Services ...............................................................................................$ 50,000 SSI-Supplement Benefits...........................................................................................! 20,000 AFDC Benefits ...................................................................................................$ 237,079,440 Grants to County DFACS -
Operations .......................................................................................................$ 142,759,906 Contract with Vocational
Rehabilitation Community Facilities ..............................................................................................................$ 5,085,515 Contract for the Purchase of Clotting Factor for the Hemophilia Program ............................................................................................$ 300,000 Contract with the Affirmative Industries ..........................................................................................$ 110,000 Institutional Repairs and Maintenance...................................................................................................! 132,000 Contract with Emory University for Arthritis Research...........................................................................................! 215,000 Grant for Epilepsy Program......................................................................................! 67,000 Grant to Grady Hospital for Cystic Fibrosis Program.........................................................................................! 42,000 Contract for Scoliosis Screening................................................................................................................! 115,000 Menninger Group Homes........................................................................................! 402,000 Contract - Georgia Advocacy Office, Inc.............................................................................................! 215,000 Grant for Teenage Pregnancy Prevention Program..............................................................................................! 265,000 Contract - Cancer Research at Emory.................................................................................................................! 119,000 Contract - Macon-Bibb County Hospital Authority.............................................................................................! 5,000,000 Contract with RCW Industries, Inc.............................................................................................! 146,000 Grants to Counties for Metabolic Disorders Screening and Testing............................................................................................! 47,000 Payments to DMA.................................................................................................! 6,898,000 Contract with Housing Alternatives............................................................................................! 100,000 Contract with Auditory Educational Clinic.................................................................................................! 105,000 Utilization Adjustment.......................................................................................! (1,719,653)
B. Budget Unit: State Health Planning and Development.............................................................................................! 715,072
State Health Planning and Development Budget: Personal Services.......................................................................................................! 785,982 Regular Operating Expenses .....................................................................................$ 32,000 Travel..............................................................................................................................! 6,000 Publications and Printing............................................................................................! 3,000 Equipment Purchases.................................................................................................! 18,000 Computer Charges......................................................................................................! 28,000 Real Estate Rentals..................................................................................................! 106,000 Telecommunications...................................................................................................! 27,000

2414

JOURNAL OF THE HOUSE,

Per Diem, Fees and Contracts................................................................................$ 113,000 Postage..........................................................................................................................! 10,000 Utilization Adjustment..............................................................................................! (6,910) Total Funds Budgeted ..........................................................................................$ 1,122,072 Indirect DOAS Services Funding ...................................................................................$ -0State Funds Budgeted..............................................................................................! 715,072
C. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions................................................................................................! 372,110,981
Departmental Operations: Personal Services................................................................................................! 287,251,804 Regular Operating Expenses ..............................................................................$ 29,842,926 Travel..........................................................................................................................$ 625,000 Motor Vehicle Equipment Purchases................................................................................................................! 929,000 Publications and Printing..........................................................................................! 88,000 Equipment Purchases............................................................................................! 2,407,000 Computer Charges.................................................................................................! 3,413,000 Real Estate Rentals ..................................................................................................$ 618,000 Telecommunications..............................................................................................! 2,538,000 Per Diem, Fees and Contracts...........................................................................! 19,967,683 Utilities..................................................................................................................! 15,915,000 Postage........................................................................................................................! 241,000 Capital Outlay...........................................................................................................! 764,800 Authority Lease Rentals .......................................................................................$ 2,415,000 Institutional Repairs and Maintenance................................................................................................! 1,963,440 Grants to County-Owned Detention Centers..............................................................................................! 2,223,000 Reserve for Thomasville RYDC......................................................................................$ -0Reserve for Claxton RYDC .............................................................................................$ -0Drug Abuse Contracts ...........................................................................................$ 1,053,000 Day Care Centers for the Mentally Retarded...........................................................................................! 60,605,130 MR Day Care Center Motor Vehicle Purchases ..............................................................................................$ 1,917,000 Supportive Living Staff ........................................................................................$ 1,607,244 Supportive Living Benefits...................................................................................! 8,354,087 Georgia State Foster Grandparent/Senior Companion Program.............................................................................................! 568,000 Community Mental Health Center Services.................................................................................................! 67,107,764 Project Rescue...........................................................................................................! 348,000 Project ARC...............................................................................................................! 244,000 Project Friendship....................................................................................................! 277,000 Group Homes for Autistic Children...................................................................................................! 241,421 Contract with Clayton County Board of Education for
Autistic Children.....................................................................................................! 71,000
Uniform Alcoholism Projects ...............................................................................$ 1,563,501
Child Care Benefits ....................................................................................................$ 16,000
Community Mental
Retardation Staff ...............................................................................................$ 2,977,675

FRIDAY, MARCH 7, 1986

2415

Community Mental Retardation Residential Services.........................................................................................! 15,285,274
Lumpkin Area Individual Living, Inc. ...............................................................................................................$ 33,000
Utilization Adjustment.......................................................................................! (2,626,464) Cost-of-Living Adjustment.................................................................................! 15,652.919 Total Funds Budgeted ......................................................................................$ 546,498,204 Indirect DOAS Services Funding ........................................................................$ 1,625,000 State Funds Budgeted.......................................................................................! 372,110,981

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets

Total Funds

State Funds

Southwestern State Hospital

$

30,189,843

19,543,043

Georgia Retardation Center

$

26,468,535

13,001,735

Georgia Mental Health Institute

$

22,753,872

20,069,793

Georgia Regional Hospital at Augusta

$

14,155,605

12,950,705

Northwest Regional Hospital at Rome

$

21,772,722

16,994,031

Georgia Regional Hospital at Atlanta
Central State Hospital

$

23,414,883

! 103,624,329

18,574,805 72,154,629

Georgia Regional Hospital at Savannah

$

14,871,648

13,196,348

Gracewood State School and Hospital

$

39,008,870

20,530,870

West Central Georgia Regional Hospital

$

12,342,313

10,467,013

Regional Youth Development Centers

$

14,297,642

14,026,642

State Youth Development Centers
Court Services

$

19,987,661

$

7,916,825

19,657,661 7,916,825

Community Treatment Centers
Day Centers Group Homes Runaway Investigations Interstate Compact Purchased Services

!

2,170,987

$

745,344

$

556,981

$

430,776

$

93,152

$

2,590,879

2,170,987 745,344 556,981 430,776 93,152
2,549,879

2416

JOURNAL OF THE HOUSE,

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.
Contract with Clayton County Board of Education for Autistic Children
Utilization Adjustment
Cost-of-Living Adjustment
Total

$

331,607

$

1,679,159

$

7,159,624

$

2,694,521

$

140,178

$

62,522,130

$

9,961,331

$

568,000

$

348,000

$

1,053,000

$

67,107,764

$

1,563,501

$

244,000

$

1,505,377

$

241,421

$

277,000

$

315,320

$

2,977,675

$

15,285,274

$

33,000

71,000 (2,626,464) 15,652,919 546,498,204

$

331,607

$

1,661,159

$

7,159,624

$

1,996,521

$

140,178

$

28,919,130

$

5,932,704

$

568,000

$

185,000

$

1,053,000

$

29,410,216

$

1,500,501

$

244,000

$

632,377

$

241,421

$

277,000

$

320

$

2,707,675

$

10,601,566

$

33,000

$

71,000

$

(2,626,464)

$

15,440,227

$ 372,110,981

FRIDAY, MARCH 7, 1986

2417

Section 27. Department of Industry
and Trade. A. Budget Unit: Department of Industry
and Trade................................................................................................... J 15,176,711 State Operations Budget:
Personal Services....................................................................................................$ 5,881,816 Regular Operating Expenses ...................................................................................$ 906,000 Travel..........................................................................................................................$ 312,000 Motor Vehicle Equipment
Purchases........................................................................................................................! -0Publications and Printing........................................................................................! 332,000 Equipment Purchases.................................................................................................! 73,600 Computer Charges....................................................................................................! 148,000 Real Estate Rentals ..................................................................................................$ 461,500 Telecommunications.................................................................................................! 163,000 Per Diem, Fees and Contracts................................................................................! 248,000 Postage........................................................................................................................! 181,000 Local Welcome Center Contracts...........................................................................! 190,000 Advertising..............................................................................................................! 3,600,000 Georgia Ports Authority -
Authority Lease Rentals ...................................................................................$ 2,735,000 Georgia Ports Authority -
General Obligation Bond
Payments...........................................................................................................! 23,288,000 Historic Chattahoochee
Commission Contract.............................................................................................! 60,000 Atlanta Council for
International Visitors.............................................................................................! 25,000 Waterway Development in Georgia..........................................................................! 50,000 Georgia Music Week Promotion...............................................................................! 35,000 Georgia World Congress Center
Operating Expenses ......................................................................................................$ -0Contract - Georgia Association
of Broadcasters........................................................................................................! 53,000 Southern Center for
International Studies..............................................................................................! 25,000 Capital Outlay...........................................................................................................! 575,000 Utilization Adjustment............................................................................................! (78,500) Total Funds Budgeted ........................................................................................$ 39,264,416 State Funds Budgeted.........................................................................................! 15,176,711

Department of Industry and Trade Functional Budgets

1Total Funds

State Funds

Administration

!

29,201,342

!

5,113,637

Economic Development

!

3,931,311

!

3,931,311

Tourist

!

6,210,263

!

6,210,263

Utilization Adjustment Total

I

(78.500)

!

39,264,416

$

(78.500)

!

15,176,711

.................................$ -0-
Administration Budget: Personal Services..................................................................................................! 32,597,003

2418

JOURNAL OF THE HOUSE,

Regular Operating Expenses ..............................................................................$ 12,302,025 Travel..........................................................................................................................$ 547,664 Motor Vehicle Equipment
Purchases........................................................................................................................! -0Publications and Printing........................................................................................! 160,896 Equipment Purchases.................................................................................................? 50,000 Computer Charges ....................................................................................................$ 608,000 Real Estate Rentals..................................................................................................! 134,810 Telecommunications.................................................................................................! 442,919 Per Diem, Fees and Contracts.............................................................................! 1,755,377
G.O. Bonds and Lease Rentals - G.P.A. ...............................................................................................$ 16,415,000
Other Debt Service Payments - G.P.A..............................................................................................? 1,564,000
Capital Outlay - Internal Operations - G.P.A.............................................................................................$ 5,498,955
Atlanta Convention and Visitors Bureau - G.W.C.C. ..............................................................................$ 1.945.997
Total Funds Budgeted ........................................................................................$ 74,022,646 State Funds Budgeted......................................................................................................? -0-

Georgia World Congress Center
Georgia Ports Authority
Total

Authorities Functional Budgets Total Funds

?

12,259,275

?

61,763,371

?

74,022,646

State Funds

?

-0-

$

^

$

-0-

Section 28. Department of Insurance. Budget Unit: Office of Insurance Commissioner..............................................................................................? 8,417,678 Operations Budget: Personal Services....................................................................................................! 7,883,832 Regular Operating Expenses...................................................................................? 397,200 Travel..........................................................................................................................? 208,000 Motor Vehicle Equipment Purchases....................................................................! 106,000 Publications and Printing........................................................................................! 135,000 Equipment Purchases.................................................................................................? 51,635 Computer Charges....................................................................................................? 199,163 Real Estate Rentals..................................................................................................? 470,000 Telecommunications.................................................................................................? 143,700 Per Diem, Fees and Contracts..................................................................................? 33,001 Utilization Adjustment............................................................................................? (79.210) Total Funds Budgeted..........................................................................................? 9,548,321 State Funds Budgeted...........................................................................................! 8,417,678

Department of Insurance Functional Budgets

Total Funds

Internal Administration

$

1,341,134

$

Insurance Regulation

?

2,147,568

?

Industrial Loans Regulation

$

537,912

?

State Funds 1,341,134 2,037,925
537,912

FRIDAY, MARCH 7, 1986

2419

Information and Enforcement
Fire Safety and Mobile Home Regulations
Utilization Adjustment
Total

$

1,493,172

$

4,107,745

$

(79,210)

$

9,548,321

1,493,172
3,086,745 (79,210)
8,417,678

Section 29. Department of Labor. Budget Unit: Department of Labor......................................................................| 6.461,678 State Operations: Personal Services..................................................................................................! 58,805,331 Regular Operating Expenses ................................................................................$ 3,091,000 Travel..........................................................................................................................! 968,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0Publications and Printing.........................,................................................................$ 36,000 Equipment Purchases...............................................................................................$ 301,000 Computer Charges .................................................................................................$ 2,459,000 Real Estate Rentals ...............................................................................................$ 2,255,000 Telecommunications..............................................................................................! 1,158,000 Per Diem, Fees and Contracts (JTPA).............................................................................................$ 56,388,000 Per Diem, Fees and Contracts.............................................................................! 1,747,000 Capital Outlay........................................................................................................! 1,000,000 W.I.N. Grants ............................................................................................................$ 260,000 Payments to State Treasury ...................................................................................$ 400,000 Utilization Adjustment............................................................................................! (41,653) Total Funds Budgeted ......................................................................................$ 128,826,678 State Funds Budgeted...........................................................................................! 6,461,678

Department of Labor Functional Budgets

Total Funds

Executive Offices

$

5,736,890

Administrative Services

11,006,370

Unemployment Insurance

7,736,554

Employment Services

3,923,772

Field Services

47,184,658

Job Training Partnership

53,280,087

Utilization Adjustment

(41.653)

Total

128,826,678

State Funds 1,854,155 923,606 4,360 355,801 3,365,409

Section 30. Department of Law. Budget Unit: Department of Law.........................................................................! 6,695,626 Attorney General's Office Budget: Personal Services....................................................................................................! 6,000,619 Regular Operating Expenses ...................................................................................$ 290,100 Travel..........................................................................................................................! 127,000

2420

JOURNAL OF THE HOUSE,

Motor Vehicle Equipment Purchases ............................................................................$ -0Publications and Printing..........................................................................................$ 38,000 Equipment Purchases.................................................................................................! 28,000 Computer Charges....................................................................................................! 127,899 Real Estate Rentals ..................................................................................................$ 315,000 Telecommunications...................................................................................................$ 95,000 Per Diem, Fees and Contracts ..................................................................................$ 45,000 Books for State Library ...........................................................................................$ 110,000 Capital Outlay ...................................................................................................................$ -0Utilization Adjustment............................................................................................! (61.092) Total Funds Budgeted ..........................................................................................$ 7,115,526 State Funds Budgeted...........................................................................................$ 6,695,626

Section 31. Department of Medical Assistance.
Budget Unit: Medicaid Services .......................................................................$ 288,637,724 Departmental Operations Budget:
Personal Services....................................................................................................! 8,379,845 Regular Operating Expenses ...................................................................................$ 267,000 Travel..........................................................................................................................$ 168,000 Motor Vehicle
Equipment Purchases...................................................................................................$ -0Publications and Printing..........................................................................................! 52,000 Equipment Purchases.................................................................................................! 97,062 Computer Charges .................................................................................................$ 9,102,422 Real Estate Rentals ..................................................................................................$ 798,000 Telecommunications .................................................................................................$ 383,000 Per Diem, Fees and Contracts...........................................................................! 11,058,000 Postage..........................................................................................................................! 88,000 Medicaid Benefits ..............................................................................................$ 918,965,044 Payments to Counties for
Mental Health ..................................................................................................$ 13,200,000 Audits Contracts....................................................................................................! 1,285,000 Utilization Adjustment............................................................................................! (73,353) Total Funds Budgeted ......................................................................................$ 963,770,020 State Funds Budgeted.......................................................................................! 288,637,724

Medical Assistance Functional Budgets

Total Funds

Commissioner's Office

709,381

Program Management

13,978,826

Administration

2,764,773

Operations

11,076,545

Program Integrity

3,148,804

Benefits

932,165,044

Utilization Adjustment

(73,353)

Total

963,770,020

State Funds 354,859
2,208,519 822,678
2,785,354 1,357,279 281,182,388 (73,353) 288,637,724

Section 32. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration Agency Assessments............................

FRIDAY, MARCH 7, 1986

2421

Departmental Operations Budget: Personal Services...................................................................................................-! 5,191,143 Regular Operating Expenses ...................................................................................$ 143,990 Travel............................................................................................................................! 67,950
Motor Vehicle Equipment Purchases........................................................................................................................! -0-
Publications and Printing........................................................................................! 182,250 Equipment Purchases.................................................................................................! 30,805 Computer Charges.................................................................................................! 1,612,307 Real Estate Rentals..................................................................................................! 685,737 Telecommunications...................................................................................................! 76,450 Per Diem, Fees and Contracts...........................................................................! 28,092,631 Postage........................................................................................................................! 179,240 Health Insurance Payments.............................................................................! 254.557.620 Total Funds Budgeted ......................................................................................$ 290,820,123 Agency Assessments..............................................................................................! 6,547,666
Employee and Employer Contributions..................................................................................................! 284,234,595
Deferred Compensation.............................................................................................! 37,862

Merit System Functional Budgets

Total Funds

Applicant Services

!

1,916,178

Classification and Compensation

!

861,851

Program Evaluation and Audit

$

662,905

Employee Training and Development

!

1,065,352

Health Insurance Administration

$

7,936,279

Health Insurance Claims

! 276,025,822

Internal Administration

!

1,217,180

Commissioner's Office

!

1,134,556

Undistributed

!

-0-

Total

! 290,820,123

State Funds

$

-0-

!

-0-

!

-0-

!

-0-

!

-0-

!

-0-

!

-0-

!

-0-

$

-0-

$

-0-

Section 33. Department of Natural
Resources. A. Budget Unit: Department of Natural
Resources .....................................................................................................$ 61,960,483
Operations Budget: Personal Services.................................................................................................-! 44,231,453 Regular Operating Expenses ................................................................................$ 8,384,200 Travel..........................................................................................................................! 490,500
Motor Vehicle Equipment Purchases.............................................................................................................! 1,408,500
Publications and Printing........................................................................................! 552,500 Equipment Purchases............................................................................................! 1,158,500

2422

JOURNAL OF THE HOUSE,

Computer Charges ....................................................................................................$ 410,500 Real Estate Rentals ...............................................................,...............................$ 1,486,196 Telecommunications.................................................................................................$ 832,180 Per Diem, Fees and Contracts .............................................................................$ 1,070,500 Postage........................................................................................................................$ 357,300 Land and Water Conservation
Grants..................................................................................................................$ 3,000,000 Recreation Grants.....................................................................................................! 568,000 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................................................................................................! 1,462,000 Capital Outlay Shop Stock - Parks...............................................................................................$ 300,000 Capital Outlay - Heritage Trust.............................................................................! 535,000 Authority Lease Rentals..........................................................................................! 915,000 Cost of Material for Resale ..................................................................................$ 1,310,000 Payments to Lake Lanier Islands Development Authority........................................................................................! 513,000 Contract - Special Olympics, Inc............................................................................................................................! 206,000 Georgia Sports Hall of Fame..................................................................................! 300,000 Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition.........................................................................................! 400,000 Capital Outlay - User Fee Enhancements - Parks......................................................................................! 1,300,000 Capital Outlay - Buoy Maintenance.............................................................................................................! 20,000 Capital Outlay - Consolidated Maintenance - Game and Fish............................................................................! 250,000 Technical Assistance Contract................................................................................! 125,000 Capital Outlay...........................................................................................................! 142,000 Contract - Georgia Rural Water Association...................................................................................................! 10,000 Grant - The Hay House.............................................................................................! 40,000 Lanier Regional Committee.......................................................................................! 13,000 Contract - Corps of Engineers (Cold Water Creek St. Park)...............................................................................! 188,000 Contract - Corps of Engineers (Tybee Beach Restoration)..................................................................................! 800,000 Advertising and Promotion.....................................................................................! 100,000 Payment to Georgia Agricultural Exposition Authority................................................................................................................! 250,000 Historic Preservation Grant...............................................................................................................................! -0Payment to Jekyll Island State Park -
Capital Outlay.......................................................................................................! 200,000
Payment to Stone Mountain
Memorial Association -
Capital Outlay.......................................................................................................! 450,000
Environmental Facilities Grants..........................................................................! 8,000,000

FRIDAY, MARCH 7, 1986

2423

Non-Game Wildlife Habitat Fund.........................................................................................................$ 150,000
Georgia Boxing Commission........................................................................................$ 5,000 Utilization Adjustment......................................................................................-.! (413,190) Total Funds Budgeted ........................................................................................$ 81,921,139 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.........................................................................................! 61,960,483

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration

6,976,736

6,607,986

Game and Fish

22,397,612

19,380,921

Parks, Recreation and Historic Sites

27,389,139

14,686,008

Environmental Protection

24,231,283

20,428,199

Coastal Resources

1,339,559

1,270,559

Utilization Adjustment

(413.190)

(413,190)

Total

81,921,139

61,960,483

B. Budget Unit: Authorities...............................................................................................! -0Operations Budget: Personal Services....................................................................................................! 5,733,850 Regular Operating Expenses................................................................................! 3,425,200 Travel............................................................................................................................! 68,000 Motor Vehicle Equipment Purchases..................................................................................................................! 39,000 Publications and Printing........................................................................................! 104,000 Equipment....................................................................................................................! 44,200 Computer Charges......................................................................................................! 20,000 Real Estate Rentals....................................................................................................! 13,950 Telecommunications................................................,................................................! 119,000 Per Diem, Fees and Contracts................................................................................! 191,000 Capital Outlay...........................................................................................................! 650,000 Promotion Expense...........................................................................................................! -0Boat Replacement Expense.....................................................................................! 156,200 Payments to the Department of Natural Resources ..............................................................................................$ 53,750 Mortgage Payments..........................................................................................................! -0Total Funds Budgeted........................................................................................! 10,618,150 State Funds Budgeted......................................................................................................! -0-

Authorities Functional Budgets

Total Funds

Lake Lanier Islands Development Authority

!

3,640,800

State Funds -0-

2424

JOURNAL OF THE HOUSE,

Jekyll Island State Park Authority
Georgia Agricultural Exposition Authority
Stone Mountain Memorial Association
Total

6,277,350

-0-

250,000

-0-

450,000

$

10,618,150

$

Section 34. Board of Postsecondary Vocational Education.
Budget Unit: Board of Postsecondary Vocational Education...............................................................................$ 88,084,961
Board of Postsecondary Vocational Education Budget: Personal Services....................................................................................................$ 7,913,492 Regular Operating Expenses ................................................................................$ 1,298,545 Travel............................................................................................................................$ 94,700 Motor Vehicle Equipment Purchases.............................................................................................$ 29,000 Publications and Printing..........................................................................................! 43,720 Equipment Purchases...............................................................................................! 289,100 Computer Charges ....................................................................................................$ 259,400 Real Estate Rentals..................................................................................................! 222,450 Telecommunications...................................................................................................! 89,150 Per Diem, Fees and Contracts................................................................................! 947,000 Utilities.......................................................................................................................! 928,900 Area School Construction .....................................................................................$ 1,690,000 Area-School Program...........................................................................................! 72,817,983 Junior College Program ........................................................................................$ 2,673,163 Teacher's Health Insurance..................................................................................! 1,852,850 Quick Start..............................................................................................................! 2,800,000 Teacher's Retirement............................................................................................! 6,507,120 Capital Outlay...................................................................................................................! -0Utilization Adjustment............................................................................................! (66,273) Total Funds Budgeted ......................................................................................$ 100,390,300 State Funds Budgeted.........................................................................................! 88,084,961

Board of Post Secondary Functional Budgets

Total Funds

State Operations

!

91,907,784

!

North Georgia VocationalTechnical School

4,761,187

!

South Georgia VocationalTechnical School

!

3,787,602

!

Utilization Adjustment

$

(66.273)

I

Total

! 100,390,300

!

State Funds 81,389,235
3,700,287
3,061,712 (66,273)
88,084,961

Section 35. Department of Public Safety. A. Budget Unit: Department of Public
Safety...........................................................................................................! 61.978,281 Operations Budget:
Personal Services..................................................................................................! 46,750,591

FRIDAY, MARCH 7, 1986

2425

Regular Operating Expenses ................................................................................$ 6,105,800 Travel..........................................................................................................................$ 128,000 Motor Vehicle Equipment
Purchase8.............................................................................................................$ 3,676,214 Publications and Printing........................................................................................! 680,000 Equipment Purchases...............................................................................................$ 596,095 Computer Charges .................................................................................................$ 3,116,512 Real Estate Rentals ....................................................................................................$ 13,000 Telecommunications .................................................................................................$ 774,200 Per Diem, Fees and Contracts ................................................................................$ 182,000 Postage.....................................................................................................................! 1,022,500 Conviction Reports...................................................................................................! 215,000 State Patrol Posts
Repairs and Maintenance....................................................................................! 180,000 Driver License Processing........................................................................................! 850,000 Utilization Adjustment..........................................................................................! (615,731) Total Funds Budgeted ........................................................................................$ 63,674,181 Indirect DOAS Service Funding..........................................................................! 1,650,000 State Funds Budgeted.........................................................................................! 61,978,281

Public Safety Functional Budgets

Total Funds

State Funds

Administration

!

7,039,567

7,039,567

Driver Services

!

14,427,756

12,881,856

Field Operations

!

42,822,589

42,672,589

Utilization Adjustment Total

1

(615.731)

!

63,674,181

(615,731) 61,978,281

B. Budget Unit: Units Attached for Administrative Purposes Only.............................................................................................! 10,103.325
Attached Units Budget: Personal Services....................................................................................................! 4,756,405 Regular Operating Expenses ................................................................................$ 1,923,131 Travel..........................................................................................................................! 148,400 Motor Vehicle Equipment Purchases................................................................................................................! 127,500 Publications and Printing..........................................................................................! 54,500 Equipment Purchases...,...........................................................................................! 127,386 Computer Charges....................................................................................................! 246,800 Real Estate Rentals ....................................................................................................$ 87,000 Telecommunications.................................................................................................! 216,446 Per Diem, Fees and Contracts.............................................................................! 1,022,730 Postage..........................................................................................................................! 37,500 Peace Officers Training Grants...........................................................................! 2,295,000 Highway Safety Grants.........................................................................................! 3,500,000 Utilization Adjustment............................................................................................! (77,818) Total Funds Budgeted .....................................................................................,..$ 14,464,980 State Funds Budgeted.........................................................................................! 10,103,325

Attached Units Functional Budgets

Total Funds

Office of Highway Safety

!

3,930,909

State Funds

!

220,454

2426

JOURNAL OF THE HOUSE,

Georgia Peace Officers Standards and Training
Police Academy
Fire Academy
Georgia Firefighters Standards and Training Council
Organized Crime Prevention Council
Georgia Public Safety Training Facility
Utilization Adjustment
Total

3,756,349 1,268,375
919,849
404,362
300,264
3,962,690 (77,818)
14,464,980

3,740,149 1,223,375
832,849
404,362
300,264
3,459,690 (77,818)
10,103,325

Section 36. Public School Employees'
Retirement System. Budget Unit: Public School Employees'
Retirement System...................................................................................$ 12,644,084 Departmental Operations Budget:
Payments to Employees' Retirement System ...............................................................................................$ 194,084
Employer Contributions......................................................................................? 12,450,000 Total Funds Budgeted ........................................................................................$ 12,644,084 State Funds Budgeted.........................................................................................? 12,644,084

Section 37. Public Service Commission. Budget Unit: Public Service Commission .................................................................................................$ 6,162.801 Departmental Operations Budget: Personal Services....................................................................................................? 4,778,771 Regular Operating Expenses ...................................................................................$ 237,641 Travel..........................................................................................................................! 137,000 Motor Vehicle Equipment Purchases......................................................................? 86,000 Publications and Printing..........................................................................................? 24,000 Equipment Purchases.................................................................................................? 38,450 Computer Charges ....................................................................................................$ 167,157 Real Estate Rentals ..................................................................................................$ 249,000 Telecommunications.................................................................................................? 112,000 Per Diem, Fees and Contracts................................................................................? 855,000 Utilization Adjustment............................................................................................? (59,160) Total Funds Budgeted..........................................................................................? 6,625,859 State Funds Budgeted...........................................................................................? 6,162,801

Public Service Commission Functional Budgets

Total Funds

Administration

1,154,543

Transportation

2,186,823

Utilities

3,343,653

Utilization Adjustment

(59,160)

Total

6,625,859

State Funds 1,154,543 1,818,215 3,249,203 (59,160) 6,162,801

FRIDAY, MARCH 7, 1986

2427

Section 38. Regents, University System of Georgia.
A. Budget Unit: Resident Instruction...............................................................! 601,562,013 Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. ........................................................................$ 627,214,960 Sponsored Operations......................................................................................! 72,000,000 Operating Expenses: Educ., Gen., and Dept. Svcs. ........................................................................$ 162,157,208 Sponsored Operations......................................................................................! 80,000,000 Office of Minority Business Enterprise ..............................................................................................$ 303,513 Special Desegregation Programs.............................................................................! 338,052 Authority Lease Rentals .....................................................................................$ 15,589,169 Research Consortium.............................................................................................! 5,100,000 Eminent Scholars Program......................................................................................! 500,000 Total Funds Budgeted ......................................................................................$ 963,202,902 Departmental Income..........................................................................................$ 23,000,000 Sponsored Income..............................................................................................$ 152,000,000 Other Funds........................................................................................................$ 183,613,589 Indirect DOAS Services Funding........................................................................! 3,027,300 State Funds Budgeted.......................................................................................! 601,562,013
B. Budget Unit: Regents Central Office and Other Organized Activities....................................................................................................! 123,093,340
Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs.........................................................................! 162,784,899 Sponsored Operations......................................................................................! 49,528,203 Operating Expenses: Educ., Gen., and Dept. Svcs...........................................................................! 68,831,395 Sponsored Operations......................................................................................! 22,314,962 Fire Ant and Environmental Toxicology Research.............................................................................................! 257,561 Agricultural Research............................................................................................! 1,571,440 Advanced Technology Development Center..........................................................................................! 1,017,243 Capitation Contracts for Family Practice Residency ...............................................................................$ 2,580,000 Residency Capitation Grants ...............................................................................$ 2,381,730 Student Preceptorships............................................................................................! 158,000 Center for Rehabilitation Technology .............................................................................................................$ 556,625 SREB Payments.....................................................................................................! 6,481,600 Medical Scholarships................................................................................................! 611,750 Regents Opportunity Grants...................................................................................! 600,000 Regents Scholarships................................................................................................! 200,000 Equipment - Agricultural Experiment Stations.............................................................................................! 200,000 Rental Payments to Georgia Military College.....................................................................................................! 608,124 Total Funds Budgeted ......................................................................................$ 320,683,532
Departmental Income............................................................................................! 1,932,626
Sponsored Income................................................................................................! 71,843,165 Other Funds........................................................................................................! 123,258,701

2428

JOURNAL OF THE HOUSE,

Indirect DOAS Services Funding ...........................................................................$ 555,700 State Funds Budgeted.......................................................................................$ 123,093,340

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

Marine Resources Extension Center

1,524,638

1,000,788

Skidaway Institute of Oceanography

$

3,024,223

$

1,306,423

Marine Institute

$

1,517,798

$

769,450

Georgia Tech Research Institute

$

82,081,924

$

9,934,160

Engineering Extension Division

$

3,611,087

$

1,808,387

Agricultural Experiment Station

$

45,027,672

$

29,077,027

Cooperative Extension Service

$

43,520,465

$

28,326,098

Eugene Talmadge Memorial Hospital

$ 113,568,545

$

29,150,861

Veterinary Medicine Experiment Station

$

2,638,501

$

2,638,501

Veterinary Medicine Teaching Hospital

$

2,136,034

$

414,446

Family Practice Residency Program

$

5,447,570

$

5,447,570

Georgia Radiation Therapy Center

$

1,417,911

$

-0-

Athens and Tifton Veterinary Laboratories

$

2,000,535

$

53,000

Regents Central Office Undistributed Total

$

13,166,629

$

-0-

$ 320,683,532

$

13,166,629

$

-0;

$ 123,093,340

C. Budget Unit: Georgia Public Telecommunications Commission .......... ...................
Public Telecommunications Commission Budget: Personal Services: Educ., Gen., and Dept. Svcs....... Operating Expenses: Educ.. Gen., and Deot. Svcs .......

......................$ 5.866.318
......................$ 4,550,890 ......................$4.955,354

FRIDAY, MARCH 7, 1986

2429

Total Funds Budgeted ..........................................................................................$ 9,506,244 State Funds Budgeted...........................................................................................! 5,866,318

Section 39. Department of Revenue. Budget Unit: Department of Revenue ...............................................................$ 55,569.000
Operations Budget: Personal Services..................................................................................................$ 36,510,238 Regular Operating Expenses ................................................................................$ 1,131,865 Travel.......................................................................................................................! 1,374,915 Motor Vehicle Equipment Purchases..................................................................................................................! 97,245 Publications and Printing.....................................................................................! 2,070,145 Equipment Purchases...............................................................................................! 371,585 Computer Charges.................................................................................................! 7,165,851 Real Estate Rentals ...............................................................................................$ 2,008,340 Telecommunications.................................................................................................! 579,775 Per Diem, Fees and Contracts................................................................................! 205,595 County Tax Officials/Retirement andFICA.............................................................................................................$ 1,593,000 Grants to Counties/Appraisal Staff......................................................................................................................! 1,554,610 Motor Vehicle Tag Purchases..............................................................................! 2,584,750 Motor Vehicle Decal Purchases..............................................................................! 441,875 Postage.....................................................................................................................! 2,219,340 Utilization Adjustment..........................................................................................! (4951129) Total Funds Budgeted ........................................................................................$ 59,414,000 Indirect DOAS Services Funding........................................................................! 3,845,000 State Funds Budgeted.........................................................................................! 55,569,000

Department of Revenue Functional Budgets

Total Funds

Departmental Administration

4,812,267

Internal Administration

6,305,083

Electronic Data Processing

3,717,910

Field Services

12,039,600

Income Tax

6,697,287

Motor Vehicle

13,523,514

Central Audit

4,917,577

Property Tax

3,930,553

Sales Tax

3,965,338

Utilization Adjustment

(495.129)

Total

59,414,000

State Funds
4,812,267 6,205,083
3,717,910 11,949,600 5,297,287 11,468,514 4,917,577 3,930,553 3,765,338
(495,129) 55,569,000

Section 40. Secretary of State. A. Budget Unit: Secretary of State......................................................................$ 18,040.382
Personal Services.................................................................................................-! 11,662,576

2430

JOURNAL OF THE HOUSE,

Regular Operating Expenses ................................................................................$ 1,507,717 Travel..........................................................................................................................$ 226,406 Motor Vehicle Equipment
Purchases................................................................................................................! 146,677 Publications and Printing........................................................................................! 392,075 Equipment Purchases...............................................................................................! 180,730 Computer Charges ....................................................................................................$ 569,700 Real Estate Rentals ...............................................................................................$ 1,818,289 Telecommunications .................................................................................................$ 297,517 Per Diem, Fees and Contracts................................................................................! 502,518 Election Expenses.....................................................................................................! 575,000 Postage........................................................................................................................! 325,257 Utilization Adjustment..........................................................................................! (164,080) Total Funds Budgeted ........................................................................................$ 18,040,382 State Funds Budgeted.........................................................................................! 18,040,382

Secretary of State Functional Budgets

Total Funds

Internal Administration

2,633,164

Archives and Records

4,208,310

Corporations Regulation

1,647,861

Elections and Campaign Disclosure

1,328,766

Securities Regulation

1,317,834

Drugs and Narcotics

754,925

State Campaign and Financial Disclosure

146,468

Occupational Certification

6,167,134

Utilization Adjustment

(164,080)

Total

18,040,382

State Funds

!

2,633,164

!

4,208,310

!

1,647,861

!

1,328,766

!

1,317,834

!

754,925

!

146,468

!

6,167,134

!

(164,080)

!

18,040,382

Occupational Certification Functional Budgets

Accounting Architect Athletic Trainers Auctioneers Barbers Chiropractic Construction Industry

Board Costs
197,605 55,960
736 6,022 9,120 13,040 65,960

Cost of Operations
349,303 122,571
3,066 31,799 134,965 76,790 397,133

FRIDAY, MARCH 7, 1986

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

1

Total

$

B. Budget Unit: Real Estate Commission ., Real Estate Commission Budget: Personal Services..........................................

33,660 53,955 12,945 54,440 3,451 18,770 3,157 4,297 12,129 2,399
30,460 141,670
11,025 62,180 5,387 13,610 8,920 75,363 16,350 4,105 6,319 48,420 11,720 13,191 5,270 3,795
5,375 13,510 8,305 39,615 6,160 1,078,396

2431

$

653,366

$

268,581

$

22,270

$

287,217

$

27,041

$

182,374

$

16,584

$

13,022

$

22,437

$

16,366

$

85,482

$

1,060,965

$

52,470

$

748,600

$

39,668

$

32,981

$

16,332

$

426,254

$

45,510

$

13,407

$

23,625

$

425,737

$

274,618

$

56,724

$

22,342

$

17,739

$

20,648

$

131,681

$

30,652

$

97,115

$

101,427

$

6,348,862

$ 1,184,477

$ 738,427

2432

JOURNAL OF THE HOUSE,

Regular Operating Expenses ...................................................................................$ 115,000 Travel............................................................................................................................$ 13,000 Motor Vehicle Equipment Purchases ......................................................................$ 16,000 Publications and Printing..........................................................................................! 26,000 Equipment Purchases...................................................................................................$ 8,000 Computer Charges ....................................................................................................$ 128,500 Real Estate Rentals....................................................................................................! 44,000 Telecommunications...................................................................................................! 17,000 Per Diem, Fees and Contracts..................................................................................! 90,000 Utilization Adjustment...........................................................................................-! (11,450) Total Funds Budgeted ..........................................................................................$ 1,184,477 State Funds Budgeted...........................................................................................! 1,184,477

Real Estate Commission Functional Budget

Real Estate Commission

State Funds

$

1,184,477

$

Cost of Operations
1,224,977

Section 41. Georgia Student Finance Commission. Budget Unit: Georgia Student Finance Commission................................................................................! 17,646,000 Administration Budget: Personal Services....................................................................................................! 2,972,865 Regular Operating Expenses ...................................................................................$ 197,000 Travel............................................................................................................................! 52,000 Motor Vehicle Equipment Purchases...................................................................................................! -0Publications and Printing..........................................................................................! 78,000 Equipment Purchases.................................................................................................! 24,000 Computer Charges....................................................................................................! 249,000 Telecommunications...................................................................................................! 88,000 Per Diem, Fees and Contracts..................................................................................! 17,000 Payment of Interest and Fees.................................................................................! 381,000 Guaranteed Educational Loans ...........................................................................$ 3,325,000 Tuition Equalization Grants ..............................................................................$ 11,130,500 Student Incentive Grants .....................................................................................$ 4,790,500
Law Enforcement Personnel Dependents' Grants................................................................................................! 34,000
North Georgia College ROTC Grants.........................................................................................................! 128,000
Osteopathic Medical Loans .....................................................................................$ 240,000
Georgia Military Scholarship Grants.....................................................................................................................! 166,000
Academic Scholarships.....................................................................................................! -0Utilization Adjustment.....................................................................................................! -0Total Funds Budgeted ........................................................................................$ 23,872,865 State Funds Budgeted.........................................................................................! 17,646,000

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration

$

3,677,865

$

-0-

Higher Education Assistance Corporation

!

381,000

$

361,000

Georgia Student Finance Authority
Utilization Adjustment
Total

FRIDAY, MARCH 7, 1986

$

19,814,000

$

^

$

23,872,865

2433

$

17,285,000

$

-0-

$

17,646,000

Section 42. Soil and Water Conservation Committee.
Budget Unit: Soil and Water Conservation Committee..............................................................................! 975.523
Soil and Water Conservation Central Office Budget: Personal Services.......................................................................................................! 666,833 Regular Operating Expenses .....................................................................................$ 58,000 Travel............................................................................................................................! 50,000 Motor Vehicle Equipment Purchases ............................................................................$ -0Publications and Printing..........................................................................................! 22,000 Equipment Purchases...................................................................................................! 4,000 Computer Charges........................................................................................................! 2,000 Real Estate Rentals ....................................................................................................$ 33,000 Telecommunications...................................................................................................! 18,120 Per Diem, Fees and Contracts................................................................................! 131,000 Utilization Adjustment..............................................................................................! (9.430) Total Funds Budgeted .............................................................................................$ 975,523 State Funds Budgeted..............................................................................................! 975,523

Section 43. Teachers' Retirement System. Budget Unit: Teachers' Retirement System........................................................................................................! 11,986,606 Departmental Operations Budget: Personal Services....................................................................................................! 2,196,706 Regular Operating Expenses.....................................................................................! 72,000 Travel............................................................................................................................! 25,000 Motor Vehicle Equipment Purchases...................................................................................................! -0Publications and Printing..........................................................................................! 54,000 Equipment Purchases...................................................................................................! 7,000 Computer Charges ....................................................................................................$ 730,000 Real Estate Rentals ..................................................................................................$ 186,000 Telecommunications...................................................................................................! 57,000 Per Diem, Fees and Contracts................................................................................! 279,000 Postage..........................................................................................................................! 88,000 Cost-of-Living Increases for Local Retirement System Members..............................................................................................................! 1,950,000 Floor Fund for Local Retirement Systems...........................................................................................! 1,180,000 Post Retirement Benefit Increases................................................................................................! 8,856,606 Total Funds Budgeted ........................................................................................$ 15,681,312 State Funds Budgeted.........................................................................................! 11,986,606

Section 44. Department of Transportation. Budget Unit: Department of Transportation ........................................................................................$ 453,198,345

2434

JOURNAL OF THE HOUSE,

For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities.
Departmental Operations Budget: Personal Services................................................................................................! 172,979,275 Regular Operating Expenses ..............................................................................$ 47,913,019 Travel.......................................................................................................................$ 1,461,200 Motor Vehicle Equipment Purchases.............................................................................................................! 1,001,500 Publications and Printing........................................................................................$ 855,800 Equipment Purchases............................................................................................! 2,969,120 Computer Charges .................................................................................................$ 2,458,041 Real Estate Rentals...............................................................................................! 1,082,103 Telecommunications..............................................................................................! 1,774,400 Per Diem, Fees and Contracts...........................................................................! 13,212,700 Capital Outlay....................................................................................................! 566,299,144 Grants to Counties.................................................................................................! 9,317,013 Grants to Municipalities .......................................................................................$ 9,317,000 Capital Outlay Airport Development.........................................................................................! 1,270,000 Capital Outlay Airport Approach Aid and Operational Improvement.........................................................................! 1,323,000 Mass Transit Grants..............................................................................................! 7,426,563 Savannah Harbor Maintenance Payments................................................................................................................! 630,000 Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction.........,................................................................................! 5,570,000 Utilization Adiustment............................................................................................! (20,377) Total Funds Budgeted ......................................................................................$ 846,839,501 State Funds Budgeted.......................................................................................! 453,198,345

Department of Transportation Functional Budgets

Total Funds

State Funds

Motor Fuel Tax Budget

Planning and Construction

! 588,637,462

217,080,829

Maintenance and Betterments

! 196,937,510

189,265,029

Facilities and Equipment

!

4,663,200

4,000,000

Assistance to Counties

!

9,317,013

9,317,013

Administration

!

16,937,129

16,337,129

Undistributed

!

-0-

-0;

Total

! 816,492,314

436,000,000

General Funds Budget
Grants to Municipalities
Paving at State and Local Schools and State Institutions

!

9,317,000

!

-0-

9,317,000 -0-

FRIDAY, MARCH 7, 1986

2435

Paving at State Parks and Historic Sites
Air Transportation
Inter-Modal Transfer Facilities
Harbor Maintenance Facilities
Utilization Adjustment
Savannah Harbor Widening Project
Total

-0I,815,094
II,835,470
6,200,000 (20,377)
1,200,000 30,347,187

-01,335,094
4,736,628
630,000 (20,377)
1,200,000 17,198,345

Section 45. Department of Veterans Service. Budget Unit: Department of Veterans Service........................................................................................................! 15,909,883 Departmental Operations Budget: Personal Services....................,...............................................................................! 3,988,905 Regular Operating Expenses .....................................................................................$ 45,000 Travel............................................................................................................................$ 82,000 Motor Vehicle Equipment Purchases........................................................................................................................! -0Publications and Printing..........................................................................................! 22,000 Equipment Purchases.................................................................................................! 97,000 Computer Charges.............................................................................................................! -0Real Estate Rentals ..................................................................................................$ 198,000 Telecommunications...................................................................................................! 58,000 Per Diem, Fees and Contracts..................................................................................! 12,000 Capital Outlay ...................................................................................................................$ -0Postage..........................................................................................................................$ 33,000 Operating Expense/Payments to Central State Hospital ......................................................................................$ 9,340,413 Operating Expense/Payments to Medical College of Georgia...............................................................................! 5,049,258 Regular Operating Expenses for Projects and Insurance...................................................................................! 184,000 Utilization Adjustment............................................................................................! (43,850) Total Funds Budgeted ........................................................................................$ 19,065,726 State Funds Budgeted.........................................................................................! 15,909,883

Veterans Service Functional Budgets

Total Funds

Veterans Assistance

!

4,452,905

Veterans Home and Nursing Facility Milledgeville

!

9,536,413

Veterans Nursing Home - Augusta

!

5,120,258

Utilization Adjustment

!

(43,850)

Total

!

19,065,726

State Funds

$

4,230,062

!

7,719,413

!

4,004,258

!

(43,850)

!

15,909,883

2436

JOURNAL OF THE HOUSE,

Section 46. Workers' Compensation Board. Budget Unit: Workers' Compensation Board ............................................................................................................$ 5,950.447 Operations Budget: Personal Services....................................................................................................! 4,749,627 Regular Operating Expenses ...................................................................................$ 110,000 Travel............................................................................................................................$ 58,000 Motor Vehicle Equipment Purchases ............................................................................$ -0Publications and Printing..........................................................................................! 78,000 Equipment Purchases.................................................................................................! 30,000 Computer Charges....................................................................................................! 200,000 Real Estate Rentals..................................................................................................! 528,000 Telecommunications...................................................................................................! 87,000 Per Diem, Fees and Contracts................................................................................! 123,000 Postage..........................................................................................................................! 80,000 Utilization Adjustment............................................................................................! (58.180) Total Funds Budgeted..........................................................................................! 5,985,447 State Funds Budgeted...........................................................................................! 5,950,447

Workers' Compensation Board Functional Budgets

Total Funds

State Funds

Administration

!

5,457,173

!

5,422,173

Vocational Rehabilitation

!

586,454

!

586,454

Utilization Adjustment

$

(58,180)

!

(58,180)

Total

!

5,985,447

!

5,950,447

Section 47. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued).......................
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New)..........................

..! 234,414.490 ....! 21,916.363

Section 48. 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.

Section 49. 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 50. 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

FRIDAY, MARCH 7, 1986

2437

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 51. 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 52. 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 53. 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 54. Provisions Relative to Section 13, 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............................................................................................................$ 587,773 Data Processing Services ........................................................................................$ 34,615,577 Motor Vehicle Services .............................................................................................$ 2,484,106 Communication Services.........................................................................................! 27,707,069 Printing Services........................................................................................................! 5,456,252
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.
Provided that the Georgia Building Authority is authorized to use $270,000 of Judicial Building renovation funds for Capital Outlay and equipment purchases.

Section 55. Provisions Relative to Section 14, Department of Agriculture. From the appropriation in Section 14 (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 "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.

2438

JOURNAL OF THE HOUSE,

No expenditure from the appropriation in Section 14 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 56. Provisions Relative to Section 19, State Board of Education Department of Education. From the appropriation in Section 19 (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.
None of the State funds appropriated in Section 19 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, 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.
Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), Funds will be allocated to each RESA for FY86-87 on the basis of oneeighteenth of the total appropriation for each Area Planning and Development area served; provided, however, that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA and that each RESA has the commitments of each anticipated member system to contribute at least the same equivalent amount during FY86-87 that it contributed during FY85-86.
Provided, that for the above appropriations relative to equalization grants authorized under Code Section 20-2-165, the grants to each system which serves under contract all of the students in one or more grade levels from an adjoining school system shall be the larger of the following two amounts:
a. The equalization grant calculated as prescribed in Code Section 20-2-165 and reduced by the amount of funds transferred under contract between adjoining school systems, as prescribed by Code Section 20-2-163; or
b. The equalization grant calculated as prescribed in Code Section 20-2-165 except that all FTE student counts used in such calculations are reduced by the number of FTE student counts enrolled in the receiving system under the contract with the adjoin ing system and the resulting amount shall not be reduced pursuant to Code Section 20-2-163. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,155.03. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. 100 percent of the funds earned for special education either under the QBE formula or the hold harmless provision shall be used exclusively for special education programs. If any system receives more funds for special education programs under QBE than they would under APEG calculation of FY 87, those systems would not receive any of the 90 percent hold harmless funds. Subject to approval by the General Assembly, mid-term adjustments in special education shall be made on the basis of data deemed appropriate by the State Board of Education and verified by the Department of Education. Provided, that of the above appropriation relative to the QBE Staff Development, no funds may be used for the compensation of individuals receiving such staff development.
Section 57. Provisions Relative to Section 20, Employees' Retirement System. The Employees' Retirement System is authorized to increase the employer con tribution rate by sixteen one-hundredths of one percent of salaries to fund one and onehalf per cent cost of living increases on July 1, 1986, and January 1, 1987.

FRIDAY, MARCH 7, 1986

2439

Section 58. Provisions Relative to Section 21, Forestry Commission. From the Appropriation in Section 21 (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 59. Provisions Relative to Section 24, 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.
Not less than 95 % of the appropriation in Section 24 (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 60. Provisions Relative to Section 26, Department of Human Resources. From the appropriation in Section 26 (Department of Human Resources), $150,000 is designated and committed to operate a hemophilia program in the metropol itan Atlanta area and to operate a hemophilia program in Augusta; further, $300,000 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; 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 26 (Department of Human Resources), $146,000 is
designated and committed to operate the RCW Industries, Inc. From the appropriation in Section 26, 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.

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JOURNAL OF THE HOUSE,

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 26 (Department of Human Resources) relating to the Public Health--Family Health Activity, $50,000 is designated and committed to purchase, lease or otherwise acquire or reimburse for the purchase of drugs and medical treatment of persons with cystic fibrosis over the age of 21. Funds shall be expended for those 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 26 (Department of Human Resources), not less than $186,000 is committed for funding of the Community Cardiovascular Council StrokeScreening Program.
From the appropriation in Section 26 (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 26 (Department of Human Resources), $42,406 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 26 (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 26 (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 $455, 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

FRIDAY, MARCH 7, 1986

2441

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 26 (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 26 (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 and Gracewood State Hospital are authorized to transfer avail able surplus funds of no more than $100,000 each to the Department of Offender Rehabili tation to provide appropriate security coverage for inmate labor at these Hospitals.
Provided, however, the Georgia State Financing and Investment Commission is author ized and directed to utilize up to $462,000 in existing reserves to renovate Building 809 at Northwest Regional Hospital for a 20-bed long-term treatment unit for acute emotion ally disturbed adolescents, and for reroofing projects.
Provided, however, the Georgia Building Authority (Hospital) is authorized and directed to utilize up to $94,000 in existing reserves for reroofing projects at Southwestern and Atlanta Regional Hospitals.
Provided, that any funds appropriated for Mental Health and Mental Retardation services by the Georgia General Assembly shall not be diverted through or managed by any sub-state organizational structure (not including a County Board of Health) but shall be allocated by the Department of Human Resources via direct grant-in-aid to the desig nated local Board of Health or by a contract with a private board.

Section 61. Provisions Relative to Section 27, Department of Industry and Trade. From the appropriation in Section 27 (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 62. Provisions Relative to Section 29, 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 63. Provisions Relative to Section 31, 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 31, no funds for the payment of Medicaid Benefits may be expended for the purpose of reimbursing return-on-equity for hospitals.

Section 64. Provisions Relative to Section 32, Merit System of Personnel Administration. The Department is authorized to assess no more than $124.79 per merit system budgeted position for the cost of departmental operations.

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JOURNAL OF THE HOUSE,

It is the intent of this General Assembly that the employer contribution rate for health insurance for State Fiscal Year 1987 shall not exceed five and seventy-five one hundredths percent (5.75%).

Section 65. Provisions Relative to Section 33, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 33 (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 33.
From the appropriation in Section 33 (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 33, 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 Beach Restoration) shall be expended prior to receipt of Federal matching funds.

Section 66. Provisions Relative to Section 17, 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 17 (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.
The Department of Corrections is authorized and directed to use agency funds to pur chase and renovate the Labor Department facility in Gainesville, Georgia.
Provided that the Department of Corrections is authorized to use existing funds for projects and maximum amounts shown:
Georgia State Prison renovation - $13,400,000
Dodge Correctional Institution dormitory - $3,200,000
Middle Georgia Correctional Institution cooler and storage facility - $2,080,000

Section 67. Provisions Relative to Section 35, Department of Public Safety. From the appropriation in Section 35 (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 35, 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

FRIDAY, MARCH 7, 1986

2443

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.
The Department of Public Safety is authorized to contract with the Department of Transportation for patrol duty at Department of Transportation construction sites.

Section 68. Provisions Relative to Section 38, 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 '/> ", Personal Services continuation factor incorporated into the Resident Instruction appropriation in Section 38 (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.
Provided, that from the appropriation for the Agricultural Experiment Station, $250,000 is designated and committed for a horticulture specialist in peaches, vegetables, and small fruits and a horticulture specialist in disease control in pecans and peanuts, both at the Tifton Experiment Station.
Provided, that from the appropriation for the Cooperative Extension Service, $300,000 is designated and committed for a vegetable specialist at Statesboro, a weed specialist in row crops at Tifton, a weed specialist in horticulture at Tifton, a soil and fertilizer special ist at Tifton, an animal science specialist at Griffin, and a catfish specialist at Griffin.

Section 69. Provisions Relative to Section 39, Department of Revenue. From the appropriation in Section 39 (Department of Revenue) relating to motor vehicle tag purchases, $2,584,750 is designated and committed for the sole purpose of contracting for the production of motor vehicle tags and may be used for partial, advance payment during tag production.

Section 70. Provisions Relative to Section 41. From the appropriation in Section 41 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

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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 41 relative to Tuition Equalization Grants provides for payment of grants of $825 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 71. Provisions Relative to Section 44, 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 44 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.

Section 72. Provisions Relative to Section 34, Board of Postsecondary Edu cation. None of the State funds appropriated in Section 34 may be used for the purpose of planning, designing, constructing, or renovating area vocational-technical schools unless said school agrees to be governed by the State Board of Postsecondary Vocational Edu cation.

Section 73. In addition to all other appropriations for the State fiscal year ending June 30, 1987, there is hereby appropriated $3,228,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $6,535,000 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 ($6,400,000 Budget Unit "C") in the Department of

FRIDAY, MARCH 7, 1986

2445

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 74. 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 75. 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 76. 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 77. 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 78. 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 79. 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.

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Section 80. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.

Section 81. No State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Tele communications Network either directly or indirectly.

Section 82. 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 83. 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 Reports submitted to the General Assembly for this State fiscal year, 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 Execu tive Branch between objects, functional budgets, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commenc ing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be so transferred between objects without the prior approval of at least eleven mem bers of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each Executive Branch budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commis sion, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no 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 84. 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.

FRIDAY, MARCH 7, 1986

2447

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 85. The utilization adjustments contained in the agency budgets in this Act shall be applied only to the common object classes, which shall be defined by the Office of Planning and Budget and which shall include the following object classes:
Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publication and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts

Section 86. 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 87. 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 88. Delayed Hiring Factor by Department.

Agency

Legislative Branch

$ -0-

Department of Audits

$ -0-

Supreme Court

$ -0-

Court of Appeals

$ -0-

Superior Courts

$ -0-

Juvenile Court

$ -0-

Institute of Continuing Judicial

Education

$ -0-

Judicial Council

$ -0-

Judicial Qualifications Commission

$ -0-

Council of Magistrate Court Judges

$ -0-

Council of Probate Court Judges

$ -0-

Council of State Court Judges

$ -0-

2448

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Department of Administrative Services
Department of Agriculture Department of Banking and Finance Department of Community Affairs Department of Corrections Department of Defense Department of Education Employees' Retirement System Georgia Forestry Commission Georgia Bureau of Investigation Georgia State Financing and
Investment Commission Office of the Governor Department of Human Resources "A" Department of Human Resources "B" Department of Human Resources "C" Department of Industry and Trade Department of Insurance Department of Labor Law Department Department of Medical Assistance Merit System Department of Natural Resources Board of Postsecondary Education Department of Public Safety Public Service Commission Board of Regents "C" Department of Revenue Secretary of State State Student Finance Commission Soil and Water Conservation
Committee Teachers' Retirement System Department of Transportation

FRIDAY, MARCH 7, 1986

2449

Department of Veterans Service

$ -0-

Board of Workers' Compensation

$ -0-

Section 89. Cost-of-Living Increases. This General Assembly has distributed to and included in the agency appropriations listed hereinbefore State Funds in the amount of $142,560,926 for the purposes described herein: 1.) An increase of 4% with a $500 mini mum for full-time employees of the Executive, Judicial and Legislative branches of State government, effective July 1, 1986; 2.) For an increase from $16,000 to $16,800 for the T-4 entrance level, with first and second year teachers to be paid as those with two years of experience and with resumption of annual increments after completion of one year experi ence and permanent certification, effective the following month, effective September 1, 1986; 3.) For school bus drivers and lunchroom workers a 4% increase to be effective July 1, 1986; 4.) For University System employees, a 4% salary increase to be effective Septem ber 1, 1986 for academic contracted personnel; 5.) A 4% salary increase, effective July 1, 1986, for non-academic personnel, and fiscal year contracted personnel of the University System and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Vet erinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Station; and 6.) An increase of 4% for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as amended, as authorized in said act, Code Section 45-7-4.
In addition, this General Assembly has distributed to and included in the agency appro priations listed hereinbefore State Funds in the amount of $4,036,171 for the purpose of upgrading selected classifications as recommended by the State Merit System. All Merit System classes shall be increased by one pay grade effective July 1, 1986, with the provi sion that all employees will be moved to a new pay grade without increase, except where it is necessary to bring employees to the minimum step of the new pay grade. The mileage reimbursement rate shall be increased from $.20 to $.21 per mile effective July 1, 1986.

Section 90. Provisions Relative to Section 47, 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, $11,000 is specifically appro priated for Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local governmental entities for water and sewerage systems, through the issuance of not more than $100,000 in principal amount of General Obligation Debt, this appropriation to take effect when the constitutional amendment proposed by H.R. No. 363 becomes law.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $7,512,500 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 Board of Regents of the University System of Georgia through the issuance of not more than $30,050,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,860,000 is specifically appropriated for the purpose of financing the replacement of the Talmadge Memorial Bridge of the Department of Trans portation near Savannah, Georgia, (by means of demolition, acquisition, construction, development, extension, enlargement and improvement 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 $26,000,000 in prin cipal 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,

2450

JOURNAL OF THE HOUSE,

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 Authority Act" and pursuant to O.C.G.A. Section 12-3-484, through the issu ance 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, $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 at O.C.G.A. Section 12-3-4, through 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, $880,000 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 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 $8,000,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $302,250 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 allocated as determined by the State Board of Education (after July 1, 1986, the State Board of Postsecondary Education), through the issuance of not more than $1,210,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $165,000 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 (Markets) at the Atlanta Farmers Market through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $513,150 is specifically appropriated for the purpose of financing a grade separation and grade crossing construction program of the Department of Transportation by means of acquisition, construction, development, extension, enlarge ment and improvement of land, waters, property, highways, buildings, structures, equip ment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,665,000 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, $1,900,000 is specifically appropriated for the purpose of financing the purchase and installation of computer and related equipment for the Georgia Bureau of Investigation for the Georgia Crime Information Center (by means of acquisi tion, 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 Bureau, through the issuance of not more than $7,600,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $125,000 is specifically appropriated for the purpose of financing a program of the Department of Transportation for maintaining roads within and leading to state parks, by means of the acquisition, construction, development, exten sion, enlargement and improvement of land, waters, property, highways, buildings, struc tures, equipment and facilities, both real and personal, necessary or useful in connection

FRIDAY, MARCH 7, 1986

2451

therewith, through the issuance of not more than $500,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $187,500 is specifically appropriated for the purpose of financing a program of the Department of Transportation for streets, driveways and park ing areas located upon the property of and serving local schools by means of the acquisi tion, construction, development, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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, $278,563 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improve ment of land, property, school buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the educational television program of the State Board of Education, through the issuance of not more than $1,115,000 in principal amount of General Obligation Debt.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,700,000 is specifically appropriated for the purpose of financing a program of major repairs and renovations, including the acquisition, construc tion, 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 Board of Regents of the University System of Georgia through the issuance of not more than $10,800,000 in principal amount of General Obligation Debt.

Section 91. Employee Termination Fund...............................................................$ 1,050,547 For transfer to the agencies of the Executive Branch of State Government by the Office of Planning and Budget for the payment of accrued annual leave and accrued compen satory time, together with payroll taxes and other assessments thereon, and for payments to the Employees Retirement System as employer contributions associated with accrued sick and annual leave for which employees are receiving retirement credit; provided that no funds whatsoever shall be transferred to any activity in the Motor Fuel Tax Budget of the Department of Transportation, nor to any budget unit of the University System or the Board of Regents, except the Georgia Public Telecommunications Commission.

Section 92. Provisions Relative to Section 23, Georgia State Financing and Investment Commission. It is the intent of this General Assembly that the Georgia State Financing and Investment Commission be authorized to use up to $400,000 in agency funds for the design of a textile and carpet exposition in Dalton, Georgia.

Section 93. TOTAL STATE FUND APPROPRIATIONS
State F.Y. 1987....................................................................................................$ 5,316,000,000

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.

Representative McDonald of the 12th moved that the report of the Committee of Conference on HB 1300 be adopted.
On the motion, the roll call was ordered and the vote was as follows:

2452

JOURNAL OF THE HOUSE,

Y Aaron Adams.G
Y Adams.M Y Aiken Y Alford Y Alien
Y Anderson YArgo Y Athon Y Atkins
Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield 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 Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby
Y Cummings Daugherty Davis
YDean
Y Dixon YDobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler Y Godbee YGoodwin Y Greene YGreer Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays

Y Heard YHill Y Holcomb Y Holmes Y Hooks YHome Y Hudson Ylsakson Y Jackson,J Y Jackson.N
Y Jamieson Y Johnson,D Y Johnson,F Y Johnson.R Y Johnson.S Y Kilgore Y Kingston YLane.D YLane,R Y Lawler Y Lawrence YLawson YLee,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
Y Milan, Y Milford Y Moody Y Moore YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C
Y Padgett Y Pannell
YParham YParrish
Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Porter YRainey YRamsey.T YRamsey.V YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,P
YRoss Y Royal Y Russell YSelman

On the motion, the ayes were 172, nays 0. The motion prevailed.

Y Shepard Y Sherrod Y Sinkfleld Y Sizemore Y Smith,L
Y Smith,P Y Smith.T YSmyre YSnow Y Stancil Y Steinberg Y Thomas,C Y Thomas.M Y Thompson Y Townsend Y Triplett YTwiggs Y Waddle YWaldrep Y Walker.C Y Walker.L YWall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Wilson YWood Y Workman YYeargin Y Young
Murphy ,Spkr

Representative McDonald of the 12th arose to a point of personal privilege and addressed the House.

The Speaker announced the House in recess until 1:45 o'clock, this afternoon.

FRIDAY, MARCH 7, 1986

2453

AFTERNOON SESSION

The Speaker called the House to order.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:
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.
HB 962. By Representatives Thomas of the 69th and Pinkston of the 100th:
A bill to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the privilege for and release of medi cal information, so as to change the conditions under which medical informa tion shall be released by physicians.
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.
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 Resolutions of the House were read and adopted:
HR 986. By Representatives Home of the 103rd, Lucas of the 102nd, Randall of the 101st, Pinkston of the 100th and Groover of the 99th:
A resolution recognizing and expressing appreciation to Senator Richard L. Greene.
HR 987. By Representatives Childs of the 53rd, Richardson of the 52nd, Williams of the 54th and Brooks of the 34th:

2454

JOURNAL OF THE HOUSE,

A resolution urging the United States Postmaster General to commission a stamp commemorating Karl Wallenda; and for other purposes.

HR 988. By Representative Smith of the 152nd:
A resolution designating the Georgia Walk of Fame in the City of Blackshear as the official state walk of fame.

HR 989. By Representatives Wall of the 61st, Bannister of the 62nd, Martin of the 60th, Barnett of the 59th and Goodwin of the 63rd:
A resolution urging the citizens of Gwinnett County to raise funds on behalf of Ms. Belinda Nash.

HR 990. By Representatives Young of the 134th, Williams of the 54th and Brooks of the 34th:
A resolution recognizing the Baha'i Faith and its Peace Statement from the Universal House of Justice.

HR 991. By Representatives Lawler of the 20th, Atkins of the 21st and Cooper of the 20th:
A resolution urging the Cobb County legislative delegation to the House of Representatives to create the Cobb County Elected Officials' Salary Study Committee.

HR 992. By Representatives Hasty of the 8th, Anderson of the 8th, Benn of the 38th, Sherrod of the 143rd, Lane of the 27th and others:
A resolution urging Mayor Andrew Young, the Atlanta City Council, and Public Safety Commissioner George Napper to investigate and address the gross lack of experienced police officers assigned to provide police protection at public events held in the City of Atlanta.

HR 993. By Representatives Jamieson of the llth, Dover of the llth, Twiggs of the 4th, Balkcom of the 140th and Colwell of the 4th:
A resolution relative to the Resource Conservation and Development Pro gram.

HR 994. By Representatives Phillips of the 120th, Greer of the 39th, Long of the 142nd, Sherrod of the 143rd, Banner of the 131st and others:
A resolution urging the use of timber products produced in Georgia and urging the United States Congress to limit the importation of timber prod ucts produced in Canada.

HR 995. By Representatives Smith of the 78th, Adams of the 79th and Waldrep of the 80th:
A resolution relative to the conduct of the United States Department of Energy in the matter of changing the sites for public hearings on the pro posed nuclear waste dump facility.

HR 996. By Representatives Couch of the 40th, Lane of the 27th, Bolster of the 30th, Brooks of the 34th, Sinkfield of the 37th and others:

FRIDAY, MARCH 7, 1986

2455

A resolution urging the Atlanta-Fulton County Stadium Authority and the City of Atlanta to take certain actions with respect to patrons parking in the area of Atlanta-Fulton County Stadium.

HR 997. By Representatives Lawrence of the 49th, Isakson of the 21st, Aiken of the 21st, Johnson of the 21st, Atkins of the 21st and others:
A resolution recognizing and commending Ms. Nancy Kerr.

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 422. By Senators Turner of the 8th, Harris of the 27th, McKenzie of the 14th and others:
A bill to amend Code Section 36-5-21 of the Official Code of Georgia Anno tated, relating to filling vacancies in the office of county commissioner, so as to provide for the composition of county governing authorities and provide for vacancies in the office of county commissioners pending the election and qualification of successors to fill vacancies in such office.

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
Alford Alien Y Anderson
YArgo Y Athon Y Atkins
Auten Bailey Y Balkcom Y Bannister Bargeron Y Barnett,B Y Barnett,M Beck Y Benefield Benn Birdsong Bishop Bolster Y Bostick Y Branch Bray Y Brooks Brown,G Buck Y Burruss YByrd Y Carter
Chambless Y Chance Y Cheeks Y Childers

Childs Clark,B
Y Clark,L Y Colbert
Coleman Y Colwell
Y Connell Y Cooper
Copelan Couch
Cox
Y Crawford Y Crosby
Cummings Daugherty Y Davis Dean Y Dizon Dobbs Dover YDunn Y Edwards Y Felton
Y Floyd Foster Galer
YGodbee Y Goodwin Y Greene YGreer
Groover Y Hamilton Y Banner 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 Johnson.S Y Kilgore Y Kingston Y Lane.D Lane.R Y Lawler Y Lawrence Y Lawson
YLee.C YLee,W
Linder YLogan
Long Lord Lucas Lupton Y Maddoi Y Mangum Y Martin.C Y Martin,J Matthews Y McDonald

Y McKelvey McKinney
YMilam Y Milford Y Moody
Moore
YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Y Patten
Peters Y Pettit
Phillips Pinkston
Porter Rainey Ramsey.T Ramsey.V Randall Y Ransom Ray Reaves Y Redding Y Richardson Robinson.C RobinsontP YRoss Y Royal Y Russell Selman

On the passage of the Bill, the ayes were 107, nays 0. The Bill, having received the requisite constitutional majority, was

Shepard Y Sherrod
Sinkfleld Y Sizemore Y Smith.L Y Smith.P
Y Smith,T Smyre
YSnow Stencil
Y Steinberg Thomas,C Thomas.M
Y Thompson Townsend
Y Triplett YTwiggs
Y Waddle Y Waldrep
Walker.C Walker.L
YWall Ware
Watson Watts White Wilder Y Williams,B Williams..) Williams.R Y Wilson Y Wood Y Workman Y Yeargin Y Young Murphy,Spkr

2456

JOURNAL OF THE HOUSE,

The following Resolution of the House was read and adopted:

HR 998. By Representatives McKinney of the 35th, Dean of the 29th and Benn of the 38th:
A resolution commending Mylie B. Knox on the occasion of her one hundredth birthday.

The following Resolution of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HR 689. By Representative Kingston of the 125th: A resolution compensating Mr. M. C. Nettles.

Representative Kingston of the 125th moved that the House insist on its position in disagreeing to the Senate amendment to HR 689 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 Colwell of the 4th, Morton of the 47th and Kingston of the 125th.

Under the general order of business, established by the Committee on Rules, the following Resolution of the House was taken up for consideration and read the third time:

HR 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; and for other purposes.
WHEREAS, in December, 1980, Georgia Institute of Technology established the Center for Rehabilitation Technology to provide a clearing-house of information and tech nical assistance for disabled persons and to encourage collaborative interdisciplinary efforts within the University System of Georgia to develop equipment and procedures to meet the needs of disabled and handicapped citizens; and
WHEREAS, a principal objective of the center is to create technological resources that significantly enhance efforts to normalize life for the handicapped population, and the center's emphasis is on designing and evaluating adaptive equipment for the handicapped and developing methods for manufacturing and marketing these products to increase their availability; and
WHEREAS, this technological center provides a unique environment where engineers, industrial designers, architects, and medical science specialists can explore and evaluate alternative solutions to the problems of handicapped persons and can be trained to respond to their special requirements; and
WHEREAS, the service component of the center provides research and development support to various state agencies and departments, local governments, and service agencies within the private sector; and

FRIDAY, MARCH 7, 1986

2457

WHEREAS, the success of the center's projects and its proven experience in extend ing the technical resources of Georgia Tech to the state human services programs support expanding this partnership to include all institutions and units of the University System of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is re-created the Center for Rehabilitation Technology Study Committee to be composed of eight members of the House of Representatives appointed by the Speaker of the House of Representatives, one of whom shall be designated as chairman. The committee is authorized to conduct a thorough and continuing study of the Center for Rehabilitation Technology, and, in connection therein, the cost of funding the center so as to enable the state to develop the technology of medicine, rehabilitation, and edu cation to serve the disabled public and provide these resources to employers. The commit tee is authorized to seek the advice and counsel of persons knowledgeable in the field of rehabilitation technology including the chancellor of the board of regents, representatives of the Department of Human Resources, Department of Corrections, and Georgia correc tional industries, and other persons, groups, and organizations which the committee feels will be able to assist it in the discharge of its responsibilities.
BE IT FURTHER RESOLVED that the members of the committee shall receive the expenses and allowances provided by law for legislative members of interim legislative committees but shall receive the same for not more than five days. The committee shall meet upon the call of the chairman and is authorized to hold meetings and conduct studies at such times and places as the committee deems advisable in carrying out its duties. The board of regents shall provide such technical assistance and engineering and other exper tise to the committee as may be requested by the chairman. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of government. The committee shall make a report of its findings and recommendations, with suggestions for funding and for legislation, if any, no later than December 15, 1986, at which time the committee shall stand abolished.
BE IT FURTHER RESOLVED that if a Senate committee is appointed to study similar matters during the 1986 interim, the committee created by this resolution shall be authorized to cooperate and meet jointly with such Senate committee and to issue a joint report to both houses of the General Assembly.

The report of the Committee, which was favorable to the adoption of the Resolution, 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
Alford Alien Y Anderson YArgo YAthon Y Atkins Auten Bailey YBalkcom Y Bannister Bargeron Y Barnett.B Y Barnett.M Beck
Benefield Benn Birdsong Bishop

Bolster
Y Bostick Y Branch
Bray Brooks Brown,G Buck N Burruss YByrd Y Carter Chambless Y Chance Cheeks Y Childers Childs
Y Clark,B Y Clark.L Y Colbert Y Coleman
Colwell Y Connell Y Cooper

Copelan Couch Cox Crawford
Crosby Cummings Daugherty YDavis Dean Diion Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd
Y Foster Galer
Y Godbee YGoodwin Y Greene YGreer

Groover
Y Hamilton Y Manner Y Harris Y Hasty YHays
Y Heard YHill Y Holcomb
Holmes Y Hooks
Home Y Hudson Ylsakson Y Jackson.J Y Jackson,N
Jamieson Y Johnson.D
Y Johnson,F Johnson,R Johnson.8
Y Kilgore

Y Kingston
Y Lane.D Lane,R
Y Lawler Y Lawrence
Lawson YLee.C
Lee,W Linder YLogan
YLong Lord Lucas Lupton
Y Maddoi Y Mangum Y Martin.C Y Martin,J
Matthews Y McDonald
Y McKelvey McKinney

2458

JOURNAL OF THE HOUSE,

Y Milam Y Milford Y Moody
Moore Y Morton Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Padgett Y Pannell
YParham Y Parrish
Patten

Peters Y Pettit
Phillips Pinkston Porter Rainey Y Ramsey.T Y Ramsey.V
Y Randall Y Ransom Y Ray
Reaves Y Redding Y Richardson

Robinson.C Robinson,P Y Ross Y Royal Y Russell Selman Shepard Y Sherrod
Y Sinkfield Sizemore
Y Smith.L
Y Smith.P Smith.T Smyre

Y Snow Y Stancil Y Steinberg
Thomas.C Thomas.M Y Thompson Townsend Y Triplett
Twiggs Y Waddle Y Waldrep
Walker.C Walker,L Y Wall

Ware Y Watson Y Watts
White Wilder Y Williams.B Williams,J Williams.R
Y Wilson Y Wood Y Workman
Y Yeargin Y Young
Murphy,Spkr

On the adoption of the Resolution, the ayes were 106, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1953. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th, Phillips of the 120th and Lee of the 72nd:
A bill to amend Code Section 45-9-4 of the Official Code of Georgia Anno tated, relating to state liability insurance and self-insurance, so as to provide for insuring and self-insuring liability of officers of the state for separate insurance and self-insurance in connection with abatement and removal of asbestos and other hazardous materials from state facilities.

The following amendment to the Senate substitute to HB 1953 was read and adopted:

Representatives McDonald of the 12th and Groover of the 99th move to amend the Senate substitute to HB 1953 by adding on line 15 of page 3 after the word "become" the following:
"or has become".
By adding on line 25 of page 3 after the following: "claims.", the following: "However, the commissioner shall incur no obligation beyond funds available then for commitment to the obligation."

Representative Burruss of the 20th moved that the House recede from its position in disagreeing to the Senate substitute to HB 1953 and that the House agree to the Senate substitute to HB 1953, as amended by the House.
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 Alien
Y Anderson Y Argo Y Athon
Y Atkins Auten Bailey
Y Balkcom Y Bannister

Bargeron Y Barnett,B
Barnett.M Beck
Y Benefield Y Benn
Birdsong Bishop Bolster
Y Bostick Y Branch
Bray
Brooks Brown.G

Y Buck Y Burruss
Byrd Y Carter
Chambless Y Chance Y Cheeks Y Childers
Childs
Clark.B Y Clark.L Y Colbert
Coleman Colwell

Connell Y Cooper
Copelan Couch
Cox Y Crawford
Crosby Y Cummings
Daugherty
Davis Dean Y Dixon
Dobbs Y Dover

Y Dunn Y Edwards
Y Felton Y Floyd
Foster Y Galer Y Godbee Y Goodwin Y Greene
Y Greer Groover
Y Hamilton
Y Manner Y Harris

FRIDAY, MARCH 7, 1986

Y Hasty YHays Y Heard YHill YHolcomb
Holmes
Y Hooks Home
Y Hudson Ylsakson YJackson,J
Jackson,N YJamieson
YJohnson,D YJohnson,F
Johnson,R YJohnson,S YKilgore Y Kingston
YLane,D LaneR
YLawkr

Y Laurence Y Lawson Y Lee.C YLee.W
Under Y Logan
YLong Lord
Lucas Lupton Y Maddox
Y Mangum Martin.C
Martin J Matthews
Y McDonald Y McKelvey
McKinney Y Milam
Y Milford Y Moody
MoTe

Y Morton Y Mostiler
Moultrie Y Mueller Y Oliver.C Y Padgett
Y Pannell Y Parham
Y Parrish Y Patten
Peters
Y Pettit Phillips
Pinkston Porter
Rainey Y Rarosey.T
Ramsey.V Randall
Y Ransom Ray
Y Reaves

Y Redding Y R.chardson
Robinson.C Robmson,P Y Ross Y Royal
v Ru,89 Y Selman
v lu'T? Y Sherrod
Smkfield
S.zemore Y Sm,th,L
Y Sm, h,P Y Smith,T
YSmyre X, I"""-, Y Stancil Y Stemberg
l^mm^ Y Thomas.M Y Thompson

On the motion, the ayes were 110, nays 0. The motion prevailed.

2459
Townsend Y Tnplett
Iwiggs Y Waddle YWdrep
Walker,C Y W 1 Y Wa 1
Y WatL, W Watte
v Wilder Y W der
WfflZS? W ams,J v W laoT Wood Wood Y Workman v YmmT Y Young Murphy,Spkr

Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time:

SR 447. By Senators Harrison of the 37th, Tolleson of the 32nd, Brantley of the 56th and Barnes of the 33rd:

A RESOLUTION
Creating the Cobb County Local Governments Study Commission; and for other pur poses.
WHEREAS, there are several municipalities in Cobb County, the county government, and the Board of Education of Cobb County along with several public authorities which carry out public or governmental functions; and
WHEREAS, the rapid growth of Cobb County has placed a great burden on Cobb County local governments to keep pace with the demand for governmental services; and
WHEREAS, there is overlapping and duplication in the provision of governmental services in Cobb County, and a study should be made to determine those steps which should be taken to avoid such overlapping and duplication of services to the end that governmental services are provided for the citizens of Cobb County in the most effective, efficient, and economical manner possible consistent with maintaining and enhancing local governments that are responsive to the electorate of Cobb County.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Cobb County Local Governments Study Commission is created. The commission shall be composed of seven members as follows:
(1) The Chairman of the Board of Commissioners of Cobb County; (2) The County Manager of Cobb County or an assistant of the County Manager designated by said officer; (3) One member appointed by the President of the Cobb County Municipal Asso ciation; (4) One member appointed by the President of the Cobb County Chamber of Commerce; (5) One member appointed by the Board of Education of Cobb County; and (6) Two members elected by a caucus consisting of all members of the General Assembly whose districts lie wholly or partially within Cobb County. Both of such

2460

JOURNAL OF THE HOUSE,

members so elected must be residents of the unincorporated area of Cobb County; and one of such members must be a resident of the western district from which members of the Board of Commissioners of Cobb County are elected and the other such member must be a member of the eastern such district.
BE IT FURTHER RESOLVED that all members of the commission shall be elected or appointed by May 1, 1986. The Chairman of the Board of Commissioners of Cobb County shall serve as the chairman of the commission. The organizational meeting of the commission shall be held at the call of the chairman. At the organizational meeting the commission shall elect from its own membership such officers, in addition to the chairman, as it finds necessary or desirable. The commission may adopt such rules or policies gov erning its operation and procedures as it finds necessary or desirable, except that a major ity of the members shall constitute a quorum and no vacancy shall impair the authority of a quorum to take any action coming before the commission. Any vacancy in the membership of the commission shall be filled, as soon as practicable, by the original elect ing or appointing authority. The members of the commission shall serve without compen sation and may not be reimbursed from public funds for travel or other expenses incurred by them in carrying out their duties as members of the commission within Cobb County. If the members of the commission travel outside of Cobb County in carrying out their duties, they may be reimbursed for actual and necessary expenses incurred by them for such travel from the funds of Cobb County, provided such travel and expenses are approved by the Board of Commissioners of Cobb County. Reimbursement for mileage for the use of a personal automobile for any such travel shall be at the same rate as for employees of the State of Georgia. The commission may meet at such times and places as may be necessary to carry out its duties.
BE IT FURTHER RESOLVED that it shall be the duty of the commission to make a systematic study of the delivery of government services by the various local governments within Cobb County to determine methods that should be employed to avoid the overlap ping or duplication of such services and accomplish other objectives previously stated in this resolution.
BE IT FURTHER RESOLVED that the officials and employees of Cobb County, Cobb County municipalities, and other political subdivisions within Cobb County shall cooperate with and assist the commission in carrying out its duties under this resolution.
BE IT FURTHER RESOLVED that the commission shall complete its study by December 1, 1986, and submit its recommendations by December 15, 1986, to the members of the General Assembly whose representative or senatorial districts lie wholly or partially within Cobb County. The commission shall stand abolished on December 31, 1986.

The following amendment was read and adopted:

Representatives Isakson of the 21st and Burruss of the 20th move to amend SR 447 by striking lines 10 through 19 of page 2 and inserting in their place the following:
"(6) Two members with one being elected by a caucus consisting of the State Repre sentatives from the 20th House District and the Senators from the 33rd and 37th Sena torial Districts and one being elected by a caucus consisting of the State Representatives from the 21st House District and the Senators from the 32nd and 56th Senatorial Dis tricts."

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:

FRIDAY, MARCH 7, 1986

2461

Aaron Adams.G Y Adams,M Y Aiken Y Alford Alien Y Anderson YArgo Y Athon Y Atkins Auten Y Bailey Y Balkcom Y Bannister Bargeron Y Barnett,B Barnett.M Beck Y Benefleld YBenn Y Birdsong Bishop Bolster
Y Bostick Y Branch YBray Y Brooks
Brown,G YBuck Y Burruss
Byrd Y Carter
Chambless Y Chance Y Cheeks Y Childers

Childs Clark.B Y Clark,L Y Colbert Coleman Y Colwell Y Connell Y Cooper Copelan Y Couch Coi Y Crawford
Crosby Y Cummings
Daugherty Y Davis
Dean Y Duton
Dobbs Y Dover YDunn
Y Edwards Y Felton
Y Floyd Foster
Y Galer
Godbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton
Manner Y Harris Y Hasty YHays

Y Heard YHill Y Holcomb
Holmes Y Hooks Y Home Y Hudson Y Isakson Y JacksonJ
Jackson.N Jamieson Y Johnson,D Y Johnson,F
Y Johnuon,R Y Johnson,S Y Kilgore Y Kingston YLane,D
Lane.R Y Lawler Y Lawrence YLawson YLee.C YLee,W
Linder YLogan
Long Lord Lucas Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Matthews McDonald

Y McKelvey McKinney
YMilam Y Milford Y Moody
Moore
YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett
Pannell YParham Y Parrish Y Patten
Peters Y Pettit Y Phillips
Pinkston Porter Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson
Robinson.C Robinson,P YRoss Y Royal Y Russell Selman

Shepard Y Sherrod
Sinkfield Sizemore Smith.L Smith.P Y Smith.T YSmyre YSnow Y Stancil Y Steinberg Y Thomas.C Y Thomas,M Y Thompson Townsend Y Triplett YTwiggs Y 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

On the adoption of the Resolution, as amended, the ayes were 121, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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

HB 1644. By Representatives Chambless of the 133rd, Thomas of the 69th, Lawson of the 9th, Groover of the 99th and Murphy of the 18th:
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 Senate substitute was read:

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

2462

JOURNAL OF THE HOUSE,

references to certain fees; to amend Code Section 40-5-53 of the Official Code of Georgia Annotated, relating to the courts' responsibility for forwarding traffic convictions, so as to provide that the clerks of any court forwarding a record of a conviction shall retain as additional compensation any fee paid by the state for such report; 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
(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.

FRIDAY, MARCH 7, 1986

2463

(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:

"(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 ..........................$ 2^0 4.50

Each page, after the first...........................................................................

2.00

(2) Cancellation Recording cancellations of deeds, mortgages, and writs of fieri facias, each....................................................................... WX) 2.50

(3) Recording maps or plats............................................................................ 2^56 5.00

The fee charged for recording maps and plats shall include the fee required by Code Section 47-14-51.

2464

JOURNAL OF THE HOUSE,

{4)--Recording deeds of trast or amendments thereto, m accordance wrth Cede Section 63-12-62, first page..............................................----------8766

166 collected OH tnc rirs* pd^c stidll induciG triG ice recjuIPCQ by Gede Section 47-14-61.

{6} (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............................................................................................................ &6e 5.00

Each page, after the first............................................................................ &Q 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.

{6) (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............................................................................. &66 5.00

Each page, after the first............................................................................ 766 1.00

f?) (6) Providing copy of any document filed under Article 9 of Title 11, per page.................................................................................... ^6 1.00

(8) (7) Entering cross-reference in real property index, per entry................................................................................................... ^ 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 ................................................................................................... 726 2.00

(d) Miscellaneous fees:

(1) Recording any instrument or writing, fee not otherwise specified, per first page.........................................................................................$ Ir6d 4.50

Each page, after the first..........................................................................._____2.00

(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.................................... &M 8.00

(6) Registering and filing trade names pursuant to Code Section
io-i-490................................................................................................. 270e 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.

FRIDAY, MARCH 7, 1986

2465

(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..................................................................... 16^0 20.00

(B) Articles of amendment........................................................................ 1&09 20.00

(C) Restated articles................................................................................... WrOe 20.00

(D) Merger................................................................................................... 4&0e 20.00

(E) Dissolution............................................................................................. i&OO 20.00

(F) Involuntary dissolution.......................................................................

no fee

(G) Consolidation and merger................................................................... i&OO 20.00

(H) Certificate of election to dissolve...................................................... 1&Q6 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................................................................................ i&OO 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........................................................ tOft 2.00

Each page thereafter................................................................................----------1^66

(15) Filing lis pendens, first each page.........................................................

2.00

E*eh page thereafter................................................................................------------fcOQ

(e) Fees in quasi-civil and criminal cases:

(1) Issuing writ of fieri facias and entry en execution deefcet...................$ SrOO 3.00

(2) Entering writ of fieri facias on general execution docket..................... IrOS 2.00

(3) Issuing subpoena or summons to witness............................................... && 1.00

(4) Furnishing and certifying any process, order, etc., for publication.... Ir66 2.00

(5) Providing uncertified photocopies of documents in clerk's office,

per page...................................................................................................

.25

2466

JOURNAL OF THE HOUSE,

page.........................................................................................................

{?) (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

48) (7) Entering remittitur from Supreme Court or Court of Appeals .

1.00

49) (8) Issuing jury script or check, each ...................................................

.30

(10) (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

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 106 words page ............. 3 1-50

Clerk's certificate ........................................................................................

1.00

FRIDAY, MARCH 7, 1986

2467

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 {!) of subsection fb) ef 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 er
the deposit required by paragraph (1) of subsection {b} of Code Section 16-6-77, any efcfic sum reittftirno^ tft trie ftftnds of trie clefK snctil De
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 {6} ef subsection {e} ef <3ed 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 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 subacctk {e> 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

2468

JOURNAL OF THE HOUSE,

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) ef 6ed Section 16-6-77 Article 2 of Chapter 6 of Title 15.
(3) After the disclosure or filing of an assignment under this Code section, the assignee is the secured party of record."
Section 7. Said chapter is further amended by striking Code Section 11-9-406, relat ing to release of collateral, and inserting in lieu thereof a new Code Section 11-9-406 to read as follows:
"11-9-406. A secured party of record may by his signed statement release all or a part of any collateral described in a filed financing statement. The statement of release is sufficient if it contains a description of the collateral being released, the name and address of the debtor, the name and address of the secured party, and the file number of the financing statement. A statement of release signed by a person other than the secured party of record must be accompanied by a separate written statement of assign ment signed by the secured party of record and complying with subsection (2) of Code Section 11-9-405, including payment of the required fee. Upon presentation of such a statement of release to the filing officer he shall mark the statement with the hour and date of filing and shall note the same upon the margin of the index of the filing of the financing statement. The uniform fee for filing and noting such a statement of release shall be as required by paragraph {6} ef subsection {e} of Code Section 16-6-77 Article 2 of Chapter 6 of Title 15."
Section 8. Said chapter is further amended by striking paragraph (1) of Code Section 11-9-407, relating to information for filing, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Upon request the filing officer shall furnish a copy of any filed financing state ment or statement of assignment for a uniform fee as required by paragraph 7} ef- subacetion {e> ef Ged Seetien 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 40-5-53 of the Official Code of Georgia Annotated, relating to the courts' responsibility for forwarding traffic convictions, is amended by striking sub section (b) thereof and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Every court having jurisdiction over offenses committed under this chapter or any other law of this state or ordinance adopted by a local authority regulating the oper ation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing standing or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. The department shall pay to the clerk of the court forwarding the report 25<t for each report forwarded; and notwithstanding any general or local law to the contrary, the clerk shall retain such 25$ fee as additional compen sation."
Section 10. Code Section 44-14-142 of the Official Code of Georgia Annotated, relat ing to recording affidavits, is amended by striking said Code section in its entirety and inserting 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 as required by paragraph {8} ef subsection 4e) ef Code Section 16-6-77 Article 2 of Chapter 6 of Title 15."

FRIDAY, MARCH 7, 1986

2469

Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 12. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Thomas of the 69th moves to amend the Senate substitute to HB 1644 by striking from lines 31 through 33 of page 8 the following:
"(2) Entering writ of fieri facias on general execution docket...................t66 2.00",
and inserting in lieu thereof the following:
"(2) Entering writ of fieri facias or other execution on general execution docket........................................................................................................M6 2.00
This fee shall be charged for each such entry on the general execu tion docket. Without limiting the generality of the foregoing, it is specifically provided that this fee shall be charged for entry on the general execution docket of executions issued by magistrate courts; and this paragraph shall control over any other provision of law, including without limitation any other provision of law enacted at the 1986 session of the General Assembly."

Representative Thomas of the 69th moved that the House agree to the Senate substi tute to HB 1644, as amended by the House.
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 Alien
Y Anderson Y Argo Y Athon Y Atkins
Auten
Y Bailey Y Balkcom
Y Bannister Bargeron
Y Barnett.B Barnett,M
YBeck Y Benefield YBenn
Birdsong Bishop Bolster Y Bostick Y Branch YBray Y Brooks Brown.G
YBuck Burruss
YByrd Y Carter
Chambless Y Chance Y Cheeks Y Childers

Childs Clark.B Y Clark.L Y Colbert Coleman Y Cohvell Y Connell
Y Cooper Y Copelan
Y Couch Cox
Y Crawford Y Crosby Y Cummings
Daugherty Y Davis
Dean Y Dixon
Dobbs Y Dover YDunn Y Edwards Y Felton Y Floyd
Foster Y Galer
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 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 YLee,C Y Lee.W
Linder Y Logan
Long YLord
Lucas Y Lupton Y Maddox Y Mangum
Y Martin.C Y Martin,J
Y Matthews Y McDonald

On the motion, the ayes were 137, nays 0.

Y McKelvey McKinney
YMilam Y Milford
Y Moody Y Moore Y Morton Y Mortiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Y Patten
Peters Y Pettit Y Phillips
Pinkston Y Porter
Rainey Y Ramsey.T Y Ramsey.V
Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson,C Y Robinson.P YRoss Y Royal Y Russell Y Selman

Shepard Y Sherrod
Sinkfield
Sizemore Smith.L Y Smith.P Y Smith.T Y Smyre YSnow Y Stancil
Steinberg Y Thomas.C Y Thomas.M Y Thompson
Townsend Y Triplet! YTwiggs
Y 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 Y Workman Y Yeargin
Young Murphy.Spkr

2470

JOURNAL OF THE HOUSE,

The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

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 Senate amendment was read:

Amend HB 1584 by striking from line 1 on page 1 the following: "To",
and inserting in lieu thereof the following:
"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 taxable net income by a taxpayer who is 62 years of age or over or is permanently and totally disabled; to".
By striking from line 13 of page 1 the following:
"an effective date",
and inserting in lieu thereof the following:
"effective dates and for applicability".
By inserting between lines 15 and 16 of page 1 the following:
"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 $4,000.00 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 $4.000.00 exclusion granted by this paragraph 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 demon strable disability which is permanent and which renders him incapable of per forming any gainful occupation within his competence. (B) The commissioner shall by regulation require proof of the eligibility of the taxpayer for the exclusion allowed by this paragraph;'".
By redesignating Sections 1, 2, and 3 as Sections 2, 3, and 4, respectively.
By striking lines 4 through 6 of page 3 and inserting in lieu thereof the following:

FRIDAY, MARCH 7, 1986

2471

"Section 3. Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 2 of this Act shall become effective January 1, 1987, and shall apply to taxable years beginning on or after that date."
Representative Steinberg of the 46th moved that the House agree to the Senate amendment to HB 1584.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
V Adams.M Y Aiken Y Alford
Alien Y Anderson Y Argo Y Athon
Y Atkins Y Auten
Bailey Y Balkcom Y Bannister
Bargeron Y Barnett.B
Barnett.M YBeck Y Benefield YBenn 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
Y Childers

Childs Y Clark.B Y Clark.L Y Colbert
Coleman Y Colwell Y Connell Y Cooper Y Copelan
Couch Cox Y Crawford Crosby Cummings Daughterly Y Davis Dean Y Dixon Y Dobbs Y Dover Y Dunn
Y Edwards Y Felton
Y Floyd 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
Holmes Y Hooks
Home Y Hudson Y Isakson Y JacksonJ
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
Linder YLogan
Long YLord
Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald

On the motion, the ayes were 141, nays 0. The motion prevailed.

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
YPairish Y Patten
Peters Y Pettit Y Phillips
Pinks ton Y Porter
Rainey Y Ramsey.T YRamsey.V
Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,P YRoss Y Royal Y Russell YSelman

Shepard Y Sherrod
Sinkfield Sizemore Smith.L Y Smith,P
Y Smith,T Smyre
YSnow 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 YWall
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,8pkr

The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon:

HB 850. By Representatives Chambless of the 133rd, Childers of the 15th, Phillips of the 120th, Watson of the 114th and Reaves of the 147th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the review of all proposed legislation newly regulating a business or a profession.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 850

The Committee of Conference on HB 850 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of
Conference Substitute to HB 850 be adopted.

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JOURNAL OF THE HOUSE,

FOR THE SENATE:
la/ CSeunlvaetor rK, i2d5dth District
/s/ Gene Walker Senator, 43rd District
/s/ Max R. Brannon Senator, 51st District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES: /,s/, mTommy C_hamb,,less Representative, 133rd District /s/ E M Childers Representative, 15th District
Is/ B. E. Parham Representative, 105th District

A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the review of all proposed legislation licensing or cer tifying a business or a profession not currently licensed or certified by the state; to provide for a short title; to provide for legislative purpose; to provide for definitions; to provide for the Georgia Occupational Regulation Review Council and its composition, duties, and functions; to provide an expense and mileage allowance; to provide procedures for review of certain proposed legislation; to provide for criteria for review; to provide for factors to be considered in determining the need for regulation; to require explanations regarding certain factors; to provide for recommended methods of regulation; to provide for con struction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding immediately following Chapter 1 thereof a new Chapter 1A to read as follows:
"CHAPTER 1A
43-1A-1. This chapter shall be known and may be cited as the 'Georgia Occupational Regulation Review Law.'
43-1A-2. The General Assembly finds that the need for and the effectiveness of establishing occupational licensure and certification in this state has not been system atically evaluated. It is the purpose of this chapter to ensure that no programs of licen sure and certification shall hereafter be imposed upon any profession or business unless required for the safety and well-being of the citizens of the state.
43-1A-3. As used in this chapter, the term: (1) 'Applicant group' means any business or professional group or organization,
any individual, or any other interested party which proposes that any business or pro fessional group not presently regulated be regulated by the state.
(2) 'Certificate' or 'certification' means a voluntary process by which a statutory regulatory entity grants recognition to an individual who has met certain prerequisite qualifications specified by that regulatory entity and who may assume or use 'certi fied' in the title or designation to perform prescribed occupational tasks.
(3) 'Council' means the Georgia Occupational Regulation Review Council. (4) 'Grandfather clause' means a provision in a regulatory statute applicable to individuals engaged in the regulated business or profession prior to the effective date of the regulatory statute which exempts the individuals from meeting prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks. (5) 'Legislative committee of reference' means the standing legislative committee designated by the Speaker of the House of Representatives or the President of the Senate to consider proposed legislation introduced in their respective houses of the General Assembly to regulate any business or occupation not previously regulated.

FRIDAY, MARCH 7, 1986

2473

(6) 'License,' 'licensing,' or 'licensure' means authorized to engage in a business or profession which would otherwise be unlawful in the state in the absence of authoriza tion. A license is granted to those individuals who meet prerequisite qualifications to perform prescribed business or professional tasks, who use a particular title, or who perform those tasks and use a particular title.
(7) 'Regulate' or 'regulation' means the process of licensure or certification as defined in this Code section.
(8) 'Regulatory entity' means any state agency which regulates one or more profes sions, occupations, industries, businesses, or other endeavors in this state.
(9) 'State agency' means each state board, bureau, commission, department, divi sion, office, or other separate unit of state government created or established by law. 43-1A-4. (a) There is created the Georgia Occupational Regulation Review Council. (b) The council shall consist of ten members:
(1) The Comptroller General or his designee; (2) The Secretary of State or his designee; (3) The commissioner of the Department of Human Resources or his designee; (4) The director of the Office of Planning and Budget or his designee; (5) The commissioner of the Department of Natural Resources or his designee; (6) The commissioner of the Department of Revenue or his designee; (7) The Commissioner of Agriculture or his designee; (8) The administrator of the 'Fair Business Practices Act of 1975' or his designee;
(9) The chairperson of the legislative committee of reference or that person's designee from that committee, but only when legislation referred by such committee is being considered by the council; and
(10) The chairperson of that standing committee of the General Assembly appointed by the presiding officer thereof pursuant to subsection (b) of Code Section 43-1A-5 or that chairperson's designee from that committee, but only when legislation of which that presiding officer was notified under that subsection (b) is being consid ered by the council.
(c) The director of the Office of Planning and Budget or his designee shall serve as chairperson of the council.
(d) Legislative members of the council appointed thereto pursuant to paragraphs (9) and (10) of subsection (b) of this Code section shall receive for their attendance of meet ings of the council the same expense and mileage allowance authorized for legislative members of interim legislative committees.
43-1A-5. (a) It shall be the duty of the council to review all bills introduced in the General Assembly to license or certify a profession or business, which is not currently licensed or certified by the state, based on the criteria outlined in Code Section 43-1A-6.
(b) The chairperson of the legislative committee of reference shall provide written notification to the council of any proposed legislation introduced in that house of the General Assembly of which that committee is a standing committee if that legislation provides for the licensure or certification of a business or profession not currently licensed or certified by the state. That chairperson at the same time shall provide writ ten notification of that legislation to the presiding officer of the house of the General Assembly in which that legislation was not introduced, and that presiding officer shall then appoint the chairperson of a standing committee of that house to serve as a member of the council for the purpose of considering that legislation, except that the chairperson so appointed may instead designate another member of that standing committee to serve as a member of the council for that purpose. Within a period of time not to exceed nine months from the date of such notification to the council, but in no event later than the convening date of the next succeeding regular session of the General Assembly, the council shall provide a formal report evaluating the need to regulate the business or profession based on the factors and information provided under Code Section 43-1A-7 to the chairperson of the legislative committee of reference, the commit tee chairperson appointed to the council pursuant to paragraph (10) of subsection (b) of Code Section 41-1A-4, the presiding officers of the House of Representatives and the Senate, and the legislative counsel. If the council determines a need for regulation, the

2474

JOURNAL OF THE HOUSE,

report shall recommend an appropriate type of regulation and an appropriate state agency to oversee the regulation.
(c) The council shall work with the applicant group, the legislative committee of reference, and other interested parties in formulating its formal report.
43-1A-6. All bills introduced in the General Assembly to newly regulate a profession or business should be reviewed according to the following criteria. In evaluating whether a profession or business shall hereafter be regulated, the following factors shall be considered:
(1) Whether the unregulated practice of an occupation may harm or endanger the health, safety, and welfare of citizens of the state and whether the potential for harm is recognizable and not remote;
(2) Whether the practice of an occupation requires specialized skill or training and whether the public needs and will benefit by assurances of initial and continuing occupational ability;
(3) Whether the citizens of this state are or may be effectively protected by other means; and
(4) Whether the overall cost effectiveness and economic impact would be positive for citizens of the state. 43-1A-7. After July 1, 1986, applicant groups and other interested parties shall explain in writing each of the following factors to the extent requested by the council and the legislative committee of reference:
(1) A definition of the problem and why regulation is necessary: (A) The nature of the potential harm to the public if the business or profession
is not regulated, and the extent to which there is a threat to public health and safety; and
(B) The extent to which consumers need and will benefit from a method of regulation identifying competent individuals engaged in the business or profession; (2) The efforts made to address the problem:
(A) Voluntary efforts, if any, by members of the business or profession to estab lish a code of ethics or help resolve disputes between the business or professional group and consumers; and
(B) Recourse to and the extent of use of applicable law and whether it could be strengthened to control the problem; (3) The alternatives considered:
(A) Regulation of business or professional employers rather than employees; (B) Regulation of the program or service rather than the individuals; (C) Registration of all individuals; (D) Certification of all individuals; (E) Other alternatives; (F) Why the use of the alternatives specified in this paragraph would not be adequate to protect the public interest; and (G) Why licensure would serve to protect the public interest;
(4) The benefit to the public if regulation is granted:
(A) The extent to which the incidence of specific problems present in the unregulated business or profession can reasonably be expected to be reduced by regulation;
(B) Whether the public can identify qualified individuals;
(C) The extent to which the public can be confident that regulated individuals are competent:
(i) Whether the proposed regulatory entity would be a board composed of members of the profession and public members, or a state agency, or both and, if appropriate, their respective responsibilities in administering the system of certification or licensure, including the composition of the board; the powers and duties of the board or state agency regarding examinations, investigations, and the disciplining of certified or licensed individuals; the promulgation of rules and a code of ethics; and how fees would be levied and collected to cover the expenses of administering and operating the regulatory system;

FRIDAY, MARCH 7, 1986

2475

(ii) If there is a grandfather clause, whether such individuals will be required to meet the prerequisite qualifications established by the regulatory entity at a later date;
(iii) The nature of the standards proposed for certification or licensure as com pared with the standards of other jurisdictions;
(iv) Whether the regulatory entity would be authorized to enter into reciproc ity agreements with other jurisdictions; and
(v) The nature and duration of any training and whether applicants will be required to pass an examination; and, if an examination is required, by whom it will be developed and how the cost of development will be met; and (D) Assurance to the public that regulated individuals have maintained their competence:
(i) Whether the certification or license will carry an expiration date; and (ii) Whether renewal will be based only upon payment of a fee or whether renewal will involve reexamination, satisfactory completion of continuing edu cation, peer review, or other enforcement; (5) The extent to which regulation might harm the public: (A) The extent to which regulation might restrict entry into the business or profession and whether the proposed standards are more restrictive than necessary to ensure safe and effective performance; and (B) Whether there are similar professions to that of the applicant group which should be included in, or portions of the applicant group which should be excluded from, the proposed legislation; (6) A description of the group proposed for regulation, including a list of associa tions, organizations, and other groups representing the business or profession in this state, an estimate of the number of individuals in each group, and whether the groups represent different levels of business or professional activity; (7) The expected cost of regulation: (A) The impact regulation might have on the costs of service to the public; (B) The impact regulation might have on various types of insurance; and (C) The initial and long-term cost to the state and to the general public of implementing the proposed legislation; and (8) Any additional information requested by the council or the legislative commit tee of reference. 43-1A-8. After evaluating the report of the council and any other desired information based on the criteria outlined in Code Section 43-1A-6 and considering governmental and societal costs and benefits, if the General Assembly finds that it is necessary to regulate a business or profession not previously regulated by law, the most appropriate alternative method of regulation should be implemented, consistent with the public interest and this Code section: (1) Where the consumer may have a substantial basis for relying on the services of a profession or business, a system of certification should be implemented; (2) Where apparent that adequate regulation cannot be achieved by means other than licensing, a system of licensing should be implemented; or (3) Where regulation as defined in this chapter is deemed too restrictive and unnecessary to protect the public health and welfare, a less restrictive means of ensur ing public protection, including but not limited to stricter civil action or criminal pen alties, inspection requirements, or a system of registration, may be considered. 43-1A-9. Nothing in this chapter shall be construed to limit the authority of the General Assembly to legislate as authorized by the Constitution."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Chambless of the 133rd moved that the report of the Committee of Conference on HB 850 be adopted.
On the motion, the roll call was ordered and the vote was as follows:

2476

JOURNAL OF THE HOUSE,

Y Aaron Adams.G
Y Adams.M Y Aiken Y Alford
Alien Y Anderson YArgo Y Athon Y Atkins Y Auten
Y Bailey Balkcom
Y Bannister Bargeron
Y Barnett,B Y Barnett,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
Connell
Y Cooper Y Copelan
Couch
Coi Y Crawford
Crosby Y Cummings
Daugherty N Davis
Dean Dixon YDobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Foster YGaler Y Godbee Y Goodwin Y Greene YGreer Y Groover N Hamilton Y Manner N Harris Y Hasty YHays

Y Heard YHill Y Holcomb
Holmes Y Hooks
Home Y Hudson
Isakson Y Jackson,.) Y Jackson.N Y Jamieson
Johnson,D Y Johnson,F Y Johnson.R
Y Johnson,S Kilgore
Y Kingston
Lane.D
Lane,R Y Lawler Y Lawrence Y Lawson YLee,C YLee.W
Linder YLogan
Long Lord Y Lucas Y Lupton Y Maddoi Mangum Y Martin.C Y Martin.J Y Matthews Y McDonald

On the motion, the ayes were 129, nays 6. The motion prevailed.

Y McKelvey McKinney Milam Milford
Y Moody Y Moore
YMorton Y Mostiler Y Moultrie
N 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 N Ramsey.V
Randall Y Ransom YRay Y Reaves Y Redding N Richardson Y Robinson,C Y Robinson,P YRoss Y Royal Y Russell
Selman

Y Shepard Y Sherrod
Sinkfield
Y Sizemore Y Smith.L Y Smith.P
Smith.T YSmyre YSnow Y Stancil Y Stinberg 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
Ware Watson Y Watts White Y Wilder Y Williams,B Willianw.J Y Williams,R Y Wilson Y Wood Workman Y Yeargin Young Murphy,Spkr

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 following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 377

The Committee of Conference on HB 377 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 377 be adopted.

Respectfully submitted,

FOR THE SENATE:
M Al Scott Senator, 2nd District
/s/ J. Nathan Deal Senator, 49th District

FOR THE HOUSE OF REPRESENTATIVES:
Is/ C. Steinberg Representative, 46th District
/s/ Peggy Childs Representative, 53rd District

/s/ Greene Senator, 26th District

/s/ Denmark Groover, Jr. Representative, 99th District

FRIDAY, MARCH 7, 1986

2477

A BILL
To amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Anno tated, relating to general provisions affecting child custody proceedings, so as to provide that, in proceedings between parents, an agreement regarding custody issues may be pre sented to the court; to provide for ratification of such agreement except under certain conditions; to authorize the court to supplement the agreement under certain conditions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Anno tated, relating to general provisions affecting child custody proceedings, is amended by adding at the end of said article a new Code section, to be designated Code Section 19-9-5, to read as follows:
"19-9-5. (a) In all proceedings under this article between parents, it shall be expressly permissible for the parents of a minor child to present to the court an agree ment respecting any and all issues concerning custody of the minor child. As used in this Code section, the term 'custody' shall not include payment of child support.
(b) The court shall ratify the agreement and make such agreement a part of the court's final judgment in the proceedings unless the court makes specific factual findings that the agreement would not be in the best interests of the child or children.
(c) In its judgment, the court may supplement the agreement on issues not covered by such agreement."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Steinberg of the 46th moved that the House adopt the report of the Committee of Conference on HB 377.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
N Adams.M Y Aiken Y Alford
Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey
Balkcom Y Bannister
Bargeron Y Barnett,B Y Barnett,M
YBeck Y Benefleld
Benn Y Birdsong
Bishop Bolster 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
Clark.L
Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan
Couch Cox Y Crawford Crosby Y Cummings Daugherty N Davis Dean Dixon Y Dobbs Y Dover
YDunn Y Edwards Y Felton Y Floyd
Foster Y Galer YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton Y Manner
Y Harris Y Hasty YHays

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 Y Kilgore Y Kingston
Lane,D
Lane.R Y Lawler Y Lawrence Y Lawson YLee.C YLee.W
Linder YLogan
Long Lord Y Lucas
Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald

Y McKelvey McKinney
Milam Milford
Y Moody Y Moore 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 Y Ramsey.V
Randall Y Ransom
YRay Reaves
Y Redding Y Richardson Y Robinson.C Y Robinson.P
YRoss Y Royal Y Russell
Y Selman

N Shepard Y Sherrod
Sinkfield
Y Sizemore Y Smith,L Y Smith,P Y Smith,T YSmyre YSnow Y Stancil Y Steinberg
Thomas.C Y Thomas,M Y Thompson
Townsend Y Triplett Y Twiggs Y Waddle
Y Waldrep Y Walker.C Y Walker.L Y Wall
Ware Watson Y Watte White Y Wilder Y Williams,B Williams,J Y Williams,R Y Wilson
Y Wood Workman
Y Yeargin Young Murphy,Spkr

2478

JOURNAL OF THE HOUSE,

On the motion, the ayes were 132, nays 3. The motion prevailed.

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 following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1638

The Committee of Conference on HB 1638 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1638 be adopted.

Respectfully submitted,

FOR THE SENATE: /a/ Beverly Engram
Senator, 34th District
/s/ Wayne Garner Senator, 30th Dlstnct

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Carlton H- Colwe11 Representative, 4th District
/s/ Forest Hays> Jr Representative, 1st District

/s/ Arthur Langford, Jr. Senator, 35th District

/s/ Clinton Oliver Representative, 121st District

A BILL
To amend Title 42 of the Official Code of Georgia Annotated, relating to penal insti tutions, so as to provide 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; to provide that the commissioner of corrections shall maintain an educational program within the state prison system to assist inmates in achieving a certain level of education; to provide for additional educational programs; to encourage inmates to participate in an educational program; to provide exceptions; to provide for cooperation and coordination between the Department of Corrections and the Department of Education; to provide for rules and regulations; to provide for the State Board of Pardons and Paroles to consider an inmate's participation and achievement in educational programs when relief from sen tence is being considered for the inmate; to provide that when the State Board of Pardons and Paroles releases inmates to alleviate the overcrowding of the prison system, special consideration shall be given to inmates who have participated in educational programs and achieved a certain level of education; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 42 of the Official Code of Georgia Annotated, relating to penal insti tutions, is amended by striking in its entirety subsection (b) of Code Section 42-5-59, relating to the employment of inmates in the community, and inserting in lieu thereof a new subsection (b) to read as follows:

FRIDAY, MARCH 7, 1986

2479

"(b) An inmate authorized to work at paid employment in the community under subsection (a) of this Code section shall comply with all rules and regulations promul gated by the board relative to the handling, disbursement, and holding in trust of all funds earned by the inmate while under the jurisdiction of the department. An amount determined to be the cost of the inmate's keep and confinement shall be deducted from the earnings of each inmate, and such amount shall be deposited in the treasury of the department; provided, however, that, if the inmate is assigned to a county correctional institution, the deducted amount shall be deposited in the treasury of the county to which the inmate is assigned. After the deduction for keep and confinement, the commissioner shall:
(1) Allow the inmate to draw from the balance a reasonable sum to cover his inci dental expenses;
(2) Retain to the inmate's credit an amount as is deemed necessary to accumulate a reasonable sum to be paid to him on his release from the penal institution; and
(3) Deduct from the inmate's funds any amounts necessary to cover the costs of medical or dental attention provided to the inmate, said deductions to be made in accordance with policies and procedures promulgated by the commissioner; and
fS) (4) Cause to be paid any additional balance as is needed for the support of the inmate's dependents."
Section 2. Said title is further amended by adding at the end of Article 3 of Chapter 5, relating to the conditions of detention generally, a new Code Section 42-5-64 to read as follows:
"42-5-64. (a) The commissioner shall maintain an educational program within the state prison system to assist inmates in achieving at least a fifth-grade level on stan dardized reading tests. Inmates who test below the fifth-grade level will be encouraged by institutional staff to attend appropriate classes until they attain this level.
(b) For the purposes of this Code section, educational programing shall not apply to inmates who:
(1) Have been sentenced to death; (2) Have attained 50 years of age; or (3) Have serious learning disabilities. (c) The commissioner shall provide additional educational programs in which inmates can voluntarily participate to further their education beyond the fifth-grade level. (d) The commissioner shall utilize available services and programs within the Department of Education, and the Department of Education shall cooperate with the commissioner in the establishment of educational programs and the testing of inmates as required in this Code section. (e) The commissioner shall be authorized to promulgate rules and regulations neces sary to carry out the provisions of this Code section."
Section 3. Said title is further amended by striking in its entirety subsection (c) of Code Section 42-9-42, relating to procedure for the State Board of Pardons and Paroles to follow in granting relief from sentence, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Good conductj achievement of a fifth-grade level or higher on standardized reading tests, and efficient performance of duties by an inmate shall be considered by the board in his favor and shall merit consideration of an application for pardon or parole. No inmate shall be placed on parole until and unless the board shall find that there is reasonable probability that, if he is so released, he will live and conduct himself as a respectable and law-abiding person and that his release will be compatible with his own welfare and the welfare of society. Furthermore, no person shall be released on pardon or placed on parole unless and until the board is satisfied that he will be suit ably employed in self-sustaining employment or that he will not become a public charge. However, notwithstanding other provisions of this chapter, the board may, in its discre tion, grant pardon or parole to any aged or disabled persons."

2480

JOURNAL OF THE HOUSE,

Section 4. Said title is further amended by striking in its entirety subsection (a) of Code Section 42-9-43, relating to information to be considered by the State Board of Par dons and Paroles generally, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The board, in considering any case within its power, shall cause to be brought before it all pertinent information on the person in question. Included therein shall be:
(1) A report by the superintendent, warden, or jailer of the jail or state or county correctional institution in which the person has been confined upon the conduct of record of the person while in such jail or state or county correctional institution;
(2) The results of such physical and mental examinations as may have been made of the person;
(3) The extent to which the person appears to have responded to the efforts made to improve his social attitude; aer
(4) The industrial record of the person while confined, the nature of his occupa tions while so confined, and a recommendation as to the kind of work he is best fitted to perform and at which he is most likely to succeed when and if he is released;; and
(5) The educational programs in which the person has participated and the level of education which the person has attained based on standardized reading tests. The board may also make such other investigation as it may deem necessary in order to be fully informed about the person."
Section 5. Said title is further amended by striking in its entirety subsection (c) of Code Section 42-9-60, relating to the overcrowding of prison system as creating state of emergency, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Upon the declaration of a state of emergency with regard to the jail and prison overcrowding by the Governor, the board shall select sufficient state prison inmates to reduce the state prison population to 100 percent of its capacity and issue such selected inmates a parole, but no dangerous offender shall be eligible for selection by the board. The board shall give special consideration for early release under this Code section to inmates who have participated in educational programs and who have achieved a fifthgrade level or higher on standardized reading tests. The selection of state prison inmates to be released under the authority contained in this Code section may be made without regard to limitations placed upon the service of a portion of the prison sentence pro vided by Code section Section 42-9-45."
Section 6. Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The remaining sections of this Act shall become effective October 15, 1986.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Colwell of the 4th moved that the House adopt the report of the Committee of Conference on HB 1638.
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
Alien
YAnderson YArgo Y Athon Y Atkins YAuten
Y Bailey Balkcom
Y Bannister Bargeron
Y Barnett.B

Y Barnett,M Y Beck Y Benefield
Benn Birdsong Bishop
Bolster YBostick V 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
Y Clark,L Y Colbert Y Coleman Y Colwell Y Connell
Y Cooper Y Copelan
Couch Cox Y Crawford

Y Crosby Y Cummings
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 Y Greer Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Hays Y Heard Y Hill Y Holcomb
Holmes Y Hooks
Home Y Hudson Y Isakson

FRIDAY, MARCH 7, 1986

YJacksonJ Y Jackson.N YJamieson Y Johnson.D YJohnson,F Y Johnson.R YJohnson,S Y Kilgore Y Kingston YLane.D
Lane,R Y Lawler Y Lawrence Y Lawson YLee,C
Y Lee.W Under Logan Long
Y Lord

Y Lucas Y Lupton Y Maddox Y Mangum
Martin.C Y Martin,J
Matthews Y McDonald Y McKelvey
McKinney Milam Y Milford Y Moody 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
Pinkston Y Porter Y Rainey Y Ramsey.T Y 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
Sinkfield Sizemore Y Smith,L Y Smith,P Y Smith.T Y Smyre Y Snow Y Stancil Y Steinberg
Thomas.C Y Thomas,M Y Thompson Y Townsend Y Triplett

On the motion, the ayes were 142, nays 0. The motion prevailed.

2481
Y Twigp Waddle
Y Waldrep Y Walker.C Y Walker,L Y Wall
Ware Watson Y Watts White Y Wilder Y Williams,B Williams,J Y Wiuiams,R Y Wilson Y Wood Workman Y Yeargin Young Murphy,Spkr

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1177

The Committee of Conference on HB 1177 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1177 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Harrill L. Dawkins Senator, 45th District
M Culver Kidd Senator, 25th District

FOR THE HOUSE OF REPRESENTATIVES: .. /s/ roy A. Athpn Representative, 57th District
/s/ E M Childers Representative, 15th District

M R. T. Phillips Senator, 9th District

/s/ Jim Pannell Representative, 122nd District

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 certain definitions regarding to which per sons the board's authority applies; to change the provisions relating to removal of members 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 reciprocity

2482

JOURNAL OF THE HOUSE,

provisions; to provide for the continuation of that board but provide for the later termina tion 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 27 of Title 43 of the Official Code of Georgia Annotated, relat ing to nursing home administrators, is amended by striking paragraph (2) of Code Section 43-27-1, relating to definitions affecting nursing home administrators, and inserting in its place a new paragraph (2) to read as follows:
"(2) 'Nursing home' and 'personal eare home' have has the same meaning as pre scribed by the Department of Human Resources in the rules and regulations for nursing and personal eare homes."
Section 2. Said chapter is further amended by striking subsection (b) of Code Section 43-27-2, relating to the creation of the State Board of Nursing Home Administra tors, 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 cause 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 3. Said chapter is further amended by striking Code Section 43-27-4, relat ing to the board's authority to determine qualifications of administrators, and inserting in its place a new Code Section 43-27-4 to read as follows:
"43-27-4. The board shall have sole and exclusive authority to determine the qual ifications, skill, and fitness of any person to serve as an administrator of a nursing home or peraonal eare home under this chapter; and the holder of a license under this chapter shall be deemed qualified to serve as the administrator of a nursing home or personal

Section 4. 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 beard shaft \T/--Uevelopj impose^ find entofee stflnddrds wnicn must we met oy individuftls m to receive ft license fts ft nursing home ftdministrfltor, winen st&ndsrds snQii oe to ensure tn&t nursing nome fldminisirstors win oe individu&is wno urc or
fteW of institutional administration, are qualified to serve as nursing home administrators;
{2)--Develop and apply appropriate techniques, including examination and investi gations, for determining whether a individual meets saeh standards;
{&)--Issue licenses te individuals determined, after application of such techniques, to meet sucn stdndflpds &nd to revoKe OP suspend licenses previously issued oy tnc
tially te have failed te conform te the requirements ofsweh standards; {4}--Establish and carry out procedures designed te ensttre that individuals licensed
comply with the requirements of streh standards; 4&)--Receive, investigate, and tahe appropriate action with respect to; and including
tne revocfltion or ft Hcense rt necessftry, sny cnflpge of compiflint tiled witn trie ooflrd
to comply with the requirements ef such standards; 46)--Conduct a continuing study and investigation ef nursing homes and adminis-
traters of nursing homes within the state with a view te the improvement of the stan dards imposed for the licensing ef such administrators and of procedures and methods for the enforcement of saeh standards with respect te administrators of nursing homes who have been licensed as such; and

FRIDAY, MARCH 7, 1986

2483

{7}--Adopt such ftries and regulations as shall be reasonably necessary for the implementation and enforcement ef this chapter. The beard shall have the authority to cstflDli'Sn, provide, OP ftpprove vftrious educ&tion progpflms or courses ior nursing heme administrators and to prescribe rates and regulations requiring applicants for licenses fts nursing home 9dIDmisIPStors to fitLend such projifPflins OP courses fts ft pre requisite to theIP oeing admitted to the ex&min&tioh1 of issued ft license flnci rcQuiring
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 initiate investigations for the purpose of discovering violations by a nursing home administrator of the rules, regulations, or statutes of the Department of Medical Assistance or the Department of Human Resources, provided that the board shall investigate those violations only after revocation, limitation, or restriction of participa tion of the nursing home of which such individual is the administrator in the medical assistance program or the license issued by the Department of Human Resources and make written findings as to the causes of the alleged violations;
(5) To conduct hearings upon charges into alleged violations of this chapter; (6) To prepare or approve all examinations for licensure as a nursing home admin istrator; (7) To develop, impose, and enforce standards which must be met by individuals in order to receive or maintain a license as a nursing home administrator; (8) 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 (9) 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 5. 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 sound physical and mental health; Reserved; (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 6. 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:

2484

JOURNAL OF THE HOUSE,

"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:
(!)--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 state; and .
\ji)--1 ttftt SUCH other stfltc ^jivcs similfif rcco^nition tnd CRQorscmcnt to nursing home administrator licenses of this state."
Section 7. 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 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

Representative Childers of the 15th moved that the House adopt the report of the Committee of Conference on HB 1177.
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
Alien Y Anderson YArgo Y Athon Y Atkins Y Auten
Y Bailey Balkcom
Y Bannister Bargeron
Y Barnett.B Y Barnett,M YBeck Y Benefield YBenn 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 Y Childere

Y Childs Y Clark,B Y Clark.L
Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan
Couch Cox Y Crawford Y Crosby Y Cummings Daugherty Y Davis Dean Y Dixon
YDobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd
Foster Galer YGodbee
Y Goodwin Y Greene YGreer
Groover Y Hamilton Y Manner Y Harris Y Hasty YHays

Y Heard YHill Y Holcomb
Holmes Y Hooks
Home Y Hudson Ylsakson Y Jackson^T Y Jackson.N Y Jamieson Y Johnson.D Y Johnson,F Y Johnson.R Y Johnson,S Y Kilgore Y Kingston YLane,D
Lane.R
Y Lawler Y Lawrence
Lawson YLee,C YLee.W Y Linder YLogan
Long YLord
Lucas Lupton Y Maddox Y Mangum Y Martin,C Y Martin,J Matthews Y McDonald

Y McKelvey McKinney Milam
Y Milford Y Moody
Y Moore YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish
Patten Peters Y Pettit
Phillips Pinks ton Y Porter 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 Sizemore
Y Smith,L Smith,P
Y Smith,T YSmyre YSnow 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 Watson Y Watts White Y Wilder Y WUliams,B Williams.J
Y WUliams,R Y Wilson YWood
Workman Y Yeargin Y Young
Murphy ,Spkr

FRIDAY, MARCH 7, 1986

2485

On the motion, the ayes were 135, nays 0. The motion prevailed.

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1334

The Committee of Conference on HB 1334 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1334 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ HSeanrraitlol rL, .4D5tahwDkiinsstrict
/s/ Culver Kidd Senator, 25th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/Troy A. Athon Representative, 57th District
/s/ E M Childers Representative, 15th District

/s/ R. T. Phillips Senator, 9th District

/s/ Jim Pannell Representative, 122nd District

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, eye or tissue 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, eye or tissue banks, or storage facilities to request that parents, legal guardians, or other authorized per sons make such gifts; to provide for record keeping for such gifts and related matters; to provide for rules and regulations by the Board of Human Resources; to provide that, unless such gifts are medically unsuitable, certain anatomical gifts are irrevocable at death; to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to make it unlawful for any person, firm, or corporation to buy or sell, to offer to buy or sell, or to assist another in buying or selling or offering to buy or sell a human body or a part of a human body; to provide exceptions; to provide a punishment; 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 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:

2486

JOURNAL OF THE HOUSE,

"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) When 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, eye or tissue 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, eye or tissue 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. {e> (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) (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 any person or persons who may be designated to perform the request and the procedures to be employed in making it In addition, the board shall establish such regu lations 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 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, the Georgia Lions Eye Bank, Inc., 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:

FRIDAY, MARCH 7, 1986

2487

"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, eye or tissue bank, or storage facility which shall, if appropriate, request that any of the following 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, eye or tissue 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 any person or persons who may be designated to perform the request and the procedures to be employed in making it. In addition, the board shall establish such regu
lations 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
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, the Georgia Lions Eye Bank, Inc., 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:

2488

JOURNAL OF THE HOUSE,

"(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. The 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. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by adding at the end thereof a new Article 6 to read as follows:
"ARTICLE 6
16-12-160. (a) It shall be unlawful, except as provided in subsection (b) of this Code section, for any person, firm, or corporation to buy or sell, to offer to buy or sell, or to assist another in buying or selling or offering to buy or sell a human body or any part of a human body.
(b) The prohibition contained in subsection (a) of this Code section shall not apply to:
(1) The purchase or sale of whole blood, blood plasma, blood products, blood derivatives, other self-replicating body fluids, or hair;
(2) A gift or donation of a human body or any part of a human body or any proce dure connected therewith as provided in Article 6 of Chapter 5 of Title 44;
(3) The reimbursement of actual expenses, including medical costs, lost income, and travel expenses, incurred by a living person in giving or donating a part of his body;
(4) The payment of financial assistance under a plan of insurance or other health care coverage;
(5) The purchase or sale of human tissue, organs, or other parts of the human body for health sciences education; or
(6) The payment of reasonable costs associated with the removal, storage, or trans portation of a human body or any part of a human body given or donated for medical or scientific purposes. (c) Any person, firm, or corporation convicted of violating subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not exceeding $5,000.00 or by imprisonment for not less than one year nor more than five years, or both."
Section 5. This Act shall become effective July 1, 1987.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Athon of the 57th moved that the House adopt the report of the Committee of Conference on HB 1334.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
YAdams.M Y Aiken Y Alford
Alien Y Anderson
Y Argo Y Athon Y Atkins YAuten
Bailey

Balkcom Y Bannister
Bargeron Y Barnett,B Y Barnett,M Y Beck
Benefield
Y Benn YBirdsong
Bishop Bolster Y Bostick

Y Branch Bray
Brooks Brown,G Y Buck Burruss Y 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
Connell
Y Cooper Y Copelan Y Couch
Cox Y Crawford

Y Crosby Y Cummings
Daugherty Davis Dean Y Dixon Y Dobbs
Y Dover Dunn
Y Edwards Y Felton Y Floyd

FRIDAY, MARCH 7, 1986

Foster Y Galer YGodbee YGoodwin
YGreene YGreer
Groover
Y Hamilton Y Banner
Y Harris Y Hasty YHays
Y Heard YHill YHolcomb
Holmes Y Hooks
Home Y Hudson
Isakson YJackson,J YJackson,N Y Jamieson YJohnson,D

Y Johnson,? Johnson.R
Y Johnson^ YKilgore
Y Kingston Y Lane,D
Lane,R
Y Lawler Y Lawrence
Y Lawson Y Lee.C
Lee.W
Y Under YLogan
Long Y Lord
Lucas Lupton YMaddox
Y Mangum Y Martin.C
Martin,J Y Matthews Y McDonald

Y McKelvey McKinney Milam
Y Milford
Y Moody Y Moore
Morton
Y Mostiler Y Moultrie
Y MueUer Y Oliver.C 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 Y Ray Y Reaves
Y Redding Y Richardson Y Robinson,C
Y Robinson,? Y Ross
Y Royal Russell
Y Selman
Y Shepard Y Sherrod Y Sinkfield
Sizemore Y Smith,L
Smith,P Smith,T
Y Smyre Y Snow Y Stancil Y Steinberg
Thomas.C

On the motion, the ayes were 130, nays 0. The motion prevailed.

2489
Thomas.M Y Thompson
Townsend Y Tnplett
Y S"?j? v W,addle Y Wddrep Y Walker.C Y W<dker,L
Y Wall Ware Watson
Y ,,!!* W^,'Jte Y Wilder Y Wilhams.B Y Wi ,ams,J Y WiUiams,R Y Wilson Y Wood
Workman Y Yeargm Y Young
Murphy,Spkr

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1352

The Committee of Conference on HB 1352 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1352 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Richard L. Greene Senator, 26th District
/s/ Wayne Garner Senator, 30th District

FOR THE HOUSE OF REPRESENTATIVES: . , T, . 0 . M ?ReelpernesSeenlttmativne, 3m2nd. nD.is.tri.ctt
/,,/ Claude A. Bray, Jr. Representative, 91st District

/s/ Paul H. Trulock Senator, 10th District

Charles A. Thomas, Jr. Representative, 69th District

A BILL
To amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to provide that a living will shall be effective from the date of execu tion unless revoked in a manner prescribed in Code Section 31-32-5; to provide for the effectiveness of living wills executed under prior law; to provide for a method of continuing

2490

JOURNAL OF THE HOUSE,

the effectiveness of such prior living wills; to change the form for living wills; to provide for other matters related to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, is amended by striking Code Section 31-32-6, relating to the period of effec tiveness of a living will, and substituting in lieu thereof a new Code Section 31-32-6 to read as follows:
"31-32-6. (a) A living will executed on or after the effective date of this subsection shall be effective for a period ef seven ycara from the date of execution thereof unless seener revoked in a manner prescribed in Code Section 31-32-5. If- the declarant ef an unrevoked living wtH becomes incapable ef- communicating with the attending physician, tne living will sfidii Fciriftttt ift eiicct beyond^ such seven*yeflr period until sucn time fts*
crispier snflll tee construed to prevent tt deciftpdin trom reexecu11ng tt living will fn ftny time in accordance with th formalities ef Gede Sections 31-32-3 and 31-32-4. M th declarant has executed mere than one living witi; auch seven-year period ahall fee deter-
citn. (b) A living will executed prior to the effective date of this subsection in the form
specified by prior law shall be effective for a period of seven years from the date of execution thereof, except that, if the declarant crosses through or otherwise marks over the paragraph of such a living will relating to the seven-year period of effectiveness of the living will so as to indicate an intention to defeat the operation of such paragraph, and if the declarant signs or initials the living will in the area of the stricken paragraph, then the living will shall continue in effect until and unless revoked in a manner pre scribed in Code Section 31-32-5."
Section 2. Said chapter is further amended by striking subsection (b) of Code Section 31-32-3, relating to execution and form of living wills, and inserting in its place a new subsection to read as follows:
"(b) The declaration shall be a document, separate and self-contained; and in th following form. A declaration executed on or after the effective date of this subsection shall be in substantially the form specified in this subsection. A declaration executed on or after the effective date of this subsection in substantially the form specified by prior law shall be valid and effective, except that the paragraph limiting the operation of the living will to a seven-year period shall be ineffective. The form for the declaration shall be substantially as follows:
'LIVING WILL
Living will made this ________ day of ___________ (month, year). I, ___________________, being of sound mind, willfully and voluntarily make known my desire that my life shall not be prolonged under the circumstances set forth below and do declare:
1. If at any time I should have a terminal condition as defined in and estab lished in accordance with the procedures set forth in paragraph (10) of Code Section 31-32-2 of the Official Code of Georgia Annotated, I direct that the application of life-sustaining procedures to my body be withheld or withdrawn and that I be per mitted to die;
2. In the absence of my ability to give directions regarding the use of such lifesustaining procedures, it is my intention that this living will shall be honored by my family and physician(s) as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal;
o~.-- A ni9 will snftii nftve no lorce of effect 3even yesrs irom tne uftte x signed tni3

FRIDAY, MARCH 7, 1986

2491

years i ant incapable or communicating witn trie attending pnysician, tnis will snail remain tit effect until such time as I am aWe te communicate with the physician;
43. I understand that I may revoke this living will at any time;

ft 4. I understand the full import of this living will, and I am at least 18 years of age and am emotionally and mentally competent to make this living will; and

65. If I am female and I have been diagnosed as pregnant, this living will shall have no force and effect during the course of my pregnancy.

Signed ___________________

(City),

_____________(County),

and

_(State of Residence).

I hereby witness this living will and attest that: (1) The declarant is personally known to me and I believe the declarant to be
at least 18 years of age and of sound mind; (2) I am at least 18 years of age; (3) To the best of my knowledge, at the time of the execution of this living will,
I: (A) Am not related to the declarant by blood or marriage; (B) Would not be entitled to any portion of the declarant's estate by any will
or by operation of law under the rules of descent and distribution of this state; (C) Am not the attending physician of declarant or an employee of the attend
ing physician or an employee of the hospital or skilled nursing facility in which declarant is a patient;
(D) Am not directly financially responsible for the declarant's medical care; and
(E) Have no present claim against any portion of the estate of the declarant; (4) Declarant has signed this document in my presence as above-instructed, on the date above first shown.

Witness ___________________ Address

Witness Address

Additional witness required when living will is signed in a hospital or skilled nursing facility.
I hereby witness this living will and attest that I believe the declarant to be of sound mind and to have made this living will willingly and voluntarily.

Witness:

___________

Medical director of skilled nursing facility or chief of the hospital medical staff".

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 Selman of the 32nd moved that the House adopt the report of the Committee of Conference on HB 1352.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Adams.G Y Adams.M Y Aiken

Y Alford Alien
Y Anderson Y Argo

Y Athon Y Atkins Y Auten Y Bailey

Balkcom N Bannister
Bargeron Y Barnett.B

Y Barnett.M Y Beck Y Benefield Y Benn

2492

JOURNAL OF THE HOUSE,

Y Birdsong Bishop
Y Bolster Y Bostick Y Branch
Bray Brooks Brown,G YBuck Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Childs Clark.B Y Clark,L Y Colbert
Y Coleman Y Colwell Y Connell Y Cooper N Copelan Y Couch YCoi Y Crawford Y Crosby Y Cummings
Daugherty YDavis

Dean Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler Y God bee Y Goodwin Y Greene YGreer
Groover
Y Hamilton Manner
Y Harris Y Hasty YHays Y Heard YHill Y Holcomb Y Holmes Y Hooks
Home Y Hudson
Isakson Y Jackson,J N Jackson.N Y Jamieson Y Johnson,D

Y Johnson,F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston
YLane,D Lane,R
Y Lawler
Y Lawrence Lawson
YLee.C YL*e,W Y Linder YLogan
Long
YLord Y Lucas Y Lupton Y Maddoi Y Mangum Y Martin.C Y Martin,J Y Matthews
McDonald Y McKelvey
McKinney MUam Milford Y Moody Y Moore YMorton Mostiler

On the motion, the ayes were 130, nays 5. The motion prevailed.

Y Moultrie Y Mueller Y Oliver.C
Y Padgett Y Pannell
YParham YParrish
Patten Y Peters Y Pettit Y Phillips
Pinkston Y Porter Y Rainey
Ramsey.T YRamaey.V
Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Robinson.C
Y Robinson,? YRoss Y Royal Y Russell YSehnan YShepard Y Sherrod Y Sinkfield Y Sizemore

N Smith.L Y Smith.P
Smith.T YSmyre YSnow Y Stancil
Stein berg Thomas.C Y Thomas.M Thompson Y Townsend
Y Triplett Twiggs Waddle Waldrep
Y Walker.C Y Walker,L Y Wall
Ware Watson Y Watts White Y Wilder N Williams.B Y Williams,J Williams.R Y Wilson
YWood Workman
YYeargin Y Young
Murphy,Spkr

The following Bill and Resolution of the House were taken up for the purpose of considering the Senate amendments thereto:
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.

The following Senate amendment was read:

Amend HR 718 by striking the word "commercial" on line 4 of page 1 and on line 17 of page 2 and inserting in lieu thereof in each such place the following:
"commercial and industrial".
By striking the word "commercial" on lines 14, 15, and 17 of page 1 and inserting in lieu thereof in each such place the following:
"commercial or industrial".

Representative Bolster of the 30th moved that the House agree to the Senate amend ment to HR 718.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams,G
Y Adams.M

Y Aiken Alford
Y Alien

Y Anderson
YArgo Y Athon

Y Atkins YAuten Y Bailey

Balkcom Y Bannister
Bargeron

FRIDAY, MARCH 7, 1986

Y Barnett,B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong
Bishop
Y Bolster Y Bostick Y Branch YBray
Brooks 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
Cox Y Crawford

Y Crosby Y Cummings
Daugherty Y Davis
Dean Y Dixon Y Dobbs Y Dover
Dunn
Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Greene YGreer Y Groover Y Hamilton
Hanner Y Harris Y Hasty
YHays Y Heard YHill Y Holcomb
Holmes Y Hooks
Home Y Hudson
Isakson Y Jackson,J

Jackson.N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson.R Y Johnson.S Y Kilgore Y Kingston Y Lane.D
Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C NLee.W Y Linder YLogan YLong YLord Y Lucas
Y Lupton Y Maddo* Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey
McKinney Milem Y Milford Y Moody Y Moore

Y Morton Y Mostiler Y Moultrie Y Mueller
Y Crtiver.C Y Padgett Y Pannell Y Parham YParrish
Patten Peters Y Pettit Y Phillips Pinkston
Y Porter Rainey Rarosey.T
Y Ramsey.V Randall
Y Ransom
YRay Y Reaves Y Redding
Richardson Y Robinson.C Y Robinson.P
YRoss Y Royal Y Russell Y Selman Y Shepard Y Sherrod Y Sinkfield

On the motion, the ayes were 142, nays 1. The motion prevailed.

2493
Y Sizemore Y Smith,L Y Smith,P
Smith.T YSmyre YSnow Y Stancil
Steinberg Thomas,C Y Thomas.M Y Thompson Townsend Y Triplett Y Twiggs Waddle Y Waldrep Y Walker.C Y Walker,L YWall Ware Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Wilson YWood Y Workman Y Yeargin Y Young Murphy,Spkr

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.

The following Senate amendment was read:

Amend HB 1551 by striking from lines 3 through 6 in the title on page 1 the follow ing:
"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",
and inserting in its place the following:
"certain provisions of law shall not be interpreted to deny the noncustodial parent the right to reasonable visitation determined by the court as in other cases".
By striking from lines 12 through 18 on page 2 the following:
"The right of a child who has reached the age of 14 years to select his custodial parent shall not include the right on the part of the child to deny visitation rights to the noncustodial parent; and the visitation rights of a noncustodial parent where the child has reached the age of 14 years shall be determined by the court as in other cases.'",
and inserting in its place the following:

2494

JOURNAL OF THE HOUSE,

"Nothing in this Code section shall be interpreted to deny the noncustodial parent the right to reasonable visitation determined by the court as in other cases.'"
By striking from lines 10 through 16 of page 3 the following:
"The right of a child who has reached the age of 14 years to select his custodial parent shall not include the right on the part of the child to deny visitation rights to the noncustodial parent; and the visitation rights of a noncustodial parent where the child has reached the age of 14 years shall be determined by the court as in other cases.'",
and inserting in its place the following:
"Nothing in this Code section shall be interpreted to deny the noncustodial parent the right to reasonable visitation determined by the court as in other cases.'"

Representative Matthews of the 135th moved that the House agree to the Senate amendment to HB 1551.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams,M Y Aiken
Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins YAuten Y Bailey
Balkcom Y Bannister
Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong
Bishop Bolster Y Bostick Y Branch YBray Y Brooks
Y Brown.G YBuck
Burruss
Byrd 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 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 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 Home
Y Hudson Isakson
Y Jackson,J Jackson,N
Y Jamieson Y Johnson.D Y Johnson.F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston YLane,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

On the motion, the ayes were 149, nays 1. The motion prevailed.

Y McKelvey McKinney Milam
Y Milford
Y Moody Y Moore
Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett N Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit Y Phillips Y Pinkston
Y Porter YRainey Y Ramsey.T
Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,P YRoss Y Royal Y Russell Y Selman

Y Shepard Y Sherrod
Sinkfield
Y Sizemore Y Smith.L Y Smith.P Y Smith.T YSmyre YSnow Y Stancil
Steinberg Y Thomas.C Y Thomas.M Y Thompson
Y Townsend Y Triplett Y Twiggs
Waddle Waldrep Y Walker.C Y Walker,L Y Wall Ware Watson Y Watts White Y Wilder Y Williams,B Y Williams^I Y Williams,R Y Wilson Y Wood Y Workman Y Yeargin Y Young Murphy.Spkr

Representative Russell of the 64th arose to a point of personal privilege and addressed the House.

Under the general order of business, established by the Committee on Rules, the following Bill and Resolutions of the House and Senate were taken up for consideration and read the third time:

FRIDAY, MARCH 7, 1986

2495

SB 532. By Senator Kidd of the 25th:
A bill to amend Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Equipment Financing Authority Act," so as to change certain definitions; to change the provisions relating to the administration of the authority; to change the provisions relating to staff of the authority and the duties of such staff.

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 YAlford Y Alien Y Anderson YArgo Y Athon Y Atkins
YAuten Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong
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 Clark.B
Y Clark,L Y Colbert Y Coleman Y Colwell
Connell Y Cooper
Copelan Y Couch YCoi Y Crawford
Crosby Y Cummings
Daugherty Y Davis
YDean Dixon
YDobbs Y Dover
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 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
Johnson,S Y Kilgore Y Kingston Y Lane,D YLane,R Y Lawler
Y Lawrence Y Lawson YLee,C YLee.W Y Linder YLogan
Long YLord Y Lucas Y Lupton
Y Maddoi Y Mangum
Martin.C Martin,J Y Matthews McDonald

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
Y 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 Y Robinson,C Y Robinson,P
YRoss Y Royal Y Russell Y Selman

On the passage of the Bill, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was

Y Shepard Y Sherrod
Sinkfield Y Sizemore
Y Smith,L Y Smith,P
Smith.T YSmyre YSnow Y Stancil Y Steinberg
Y Thomas.C Thomas,M
Y Thompson Y Townsend Y Triplett YTwiggs
Waddle Y Waldrep Y Walker.C Y Walker,L
Y Wall Ware 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

SR 438. By Senators Allgood of the 22nd and Albert of the 23rd:

A RESOLUTION
Creating the Workers' Compensation Coverage Study Committee; and for other pur poses.
WHEREAS, the philosophy underlying workers' compensation coverage is to prevent total disruption of an employee's livelihood and support of dependents in case of an injury on the job; and
WHEREAS, it is through the definition of "employee" in our state's laws that the coverage of persons is established; and

2496

JOURNAL OF THE HOUSE,

WHEREAS, groups of persons traditionally classified as independent contractors or otherwise excluded from the coverage of workers' compensation have been found by court decisions to fall within the definition of "employee"; and
WHEREAS, these judicial pronouncements may contradict legislative intent of work ers' compensation laws when such decisions include groups of persons for which coverage may not be appropriate or intended by the legislative enactment.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Workers' Compensation Coverage Study Committee to be composed of three members of the Senate to be appointed by the President of the Senate and three members of the House of Representatives to be appointed by the Speaker of the House. The President of the Senate shall appoint the chairman and the Speaker of the House of Representatives shall appoint the vice chairman. The committee shall meet upon the call of the chairman.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the problems mentioned above and any other problems related thereto and recommend neces sary steps needed to be undertaken to alleviate any such problems. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of government. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, no later than December 15, 1986 at which time the committee shall stand abolished.

The following amendment was read and withdrawn:

The Committee on Rules moves to amend SR 438 by striking from line 1 of page 2 the following:
"President of the Senate", and inserting in its place the following:
"Speaker of the House of Representatives". By striking from line 2 of page 2 the following: "Speaker of the House of Representatives", and inserting in its place the following: "President of the Senate". By striking from line 16 of page 2 the following: "ten",
and inserting in its place the following: "five".

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to without the amendment.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

FRIDAY, MARCH 7, 1986

2497

Y Aaron Adams.G
Y Adams,M Y Aiken Y Alford Y Alien Y Anderson YArgo
YAthon Y Atkins Y Auten
Bailey
Balkcom Y Bannister Y Bargeron Y Barnett.B
Bamett,M YBeck
Benefield YBenn Y Birdsong
Bishop 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
Coleman Y Colwell Y Connell Y Cooper
Copelan Y Couch
Coi Crawford Crosby Y Cummings Daugherty Davis YDean Y Diion YDobbs Y Dover Dunn
Y Edwards Y Felton Y Floyd Y Foster YGaler YGodbee Y Goodwin
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 YLane,D YLane.R
Y Lawler Y Lawrence YLawson YLee.C YLee,W Y Linder YLogan YLong YLord
Lucas Y Lupton
Maddoi Y Mangum
Martin.C Y Martin,J Y Matthews
McDonald

Y McKelvey McKinney Milam
Y Milford Y Moody Y Moore
Morton
Y Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Padgett YPannell YParham
Parrish Y Patten
Peters Y Pettit Y Phillips
Pinkston Y Porter
Rainey Y Ramsey.T Y Ramsey.V YRandall
Y Ransom Ray
Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,P
YRoss Y Royal Y Russell Y Selman

Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L
Y Smith.P Smith.T
YSmyre YSnow Y Stancil
Stein berg Thomas.C Y Thomas,M Y Thompson Y Townsend Y Triplett YTwiggs Waddle Y Waldrep Y Walker.C Y Walker,L YWall Ware Watson
Y Watts White
Y Wilder Y WiUiam8,B Y WilUams,J
Williams.R Y Wilson YWood Y Workman Y Yeargin Y Young
Murphy,Spkr

On the adoption of the Resolution, the ayes were 137, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 749. By Representatives Martin of the 26th and Lupton of the 25th:

A RESOLUTION
Creating the Age of Criminal Responsibility Study Committee of the House of Repre sentatives; and for other purposes.
WHEREAS, the laws of this state use various ages to determine criminal responsibil ity, the age of majority, the age for imposition of capital punishment, and jurisdiction of juvenile courts; and
WHEREAS, a number of states have adopted one age for all such purposes; and
WHEREAS, there has been a great deal of study and debate throughout the United States concerning these areas of the law and their effects on society; and
WHEREAS, the legislatures in many states throughout these United States are debat ing and studying the issue of which criminal sanctions are appropriate for juvenile offend ers who have yet to reach the age of majority at the time of the commission of the crime, and who have committed serious felony and or capital felony offenses; and
WHEREAS, the House of Representatives should review issues such as (1) whether a juvenile charged with a capital felony who has not yet reached the age of 17 at the time of the crime should be tried as an adult, or (2) whether and to what extent a minor who is convicted of committing a capital felony should be subjected to a sentence of life or death; and
WHEREAS, it would be beneficial to the members of this body to have the results of a study of these questions by members of the House of Representatives.

2498

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the Age of Criminal Responsibility Study Committee of the House of Representatives to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker shall desig nate a member of the committee as chairman of the committee. The chairman shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the use of various age limits as they relate to criminal responsibility, the age of majority, the age for imposition of capital punishment, jurisdiction of juvenile courts, and other facets of the criminal justice system and the effects of using such age limits. The committee may con duct such meetings at such places and at such times as it may deem necessary or conven ient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of government. The committee may make a report of its findings and recommendations, with suggestions for proposed legislation, if any, no later than December 31, 1986, at which time the committee shall stand abolished.

The following amendment was read and adopted:

The Committee on Rules moves to amend HR 749 by striking from line 25 of page 2 the following:
"ten",
and inserting in its place the following: "five".

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 Y Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten
Bailey Balkcom
Y Bannister Y Bargeron Y Barnett,B
Barnett,M YBeck Y Benefield YBenn Y Birdsong
Bishop Bolster
Y Bostick Y Branch
Bray 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
Copelan Y Couch YCox Y Crawford
Crosby Y Cummings
Daugherty N Davis YDean Y Dixon

Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd
Y Foster YGaler YGodbee 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
Home Hudson Y Isakson
Y Jackson,J

N Jackson.N Y Jamieson Y Johnson.D Y Johnson.F Y Johnson.R
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
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
Moody Y Moore
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
Y Rainey Y Ramsey.T Y Ramsey.V Y Randall
Y Ransom
Ray

FRIDAY, MARCH 7, 1986

2499

Y Reaves Y Redding Y Richardson
Y Robinson.C
Y Robinson.P Y Ross Y Royal Y Russell YSelman

N Shepard Y Sherrod Y Sinkfield
Y Sizemore
Y Smith.L Y Smith,?
Smith.T Y Smyre Y Snow

Y Stancil Y 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 Y Watts White Y Wilder

Y Williams.B Y Williams,J
Williams.R
Y Wilson
Y Wood Workman Yeargin
Y Young Murphy.Spkr

On the adoption of the Resolution, as amended, the ayes were 146, nays 4.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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 providing 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 compre hensive review and evaluation of teacher education in Georgia; and for other purposes.
WHEREAS, the State Board of Education for many years has conducted reviews of teacher education programs based on teacher certification requirements in Georgia; and
WHEREAS, the Quality Basic Education Act has given rise to a need for a more comprehensive review of both public and private teacher education programs in Georgia; and
WHEREAS, the Board of Regents of the University System of Georgia and the Asso ciation of Private Colleges and Universities in Georgia could be of valuable assistance to the State Board of Education by making annual comprehensive reviews of teacher edu cation programs in the public and private institutions of higher education of Georgia on behalf of the State Board of Education.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That there is created the Teacher Education Study Commission which shall consist of four members of the House of Representatives who shall be appointed by the Speaker of the House of Representatives, four members of the Senate who shall be appointed by the President of the Senate, and five members who shall be private sector representatives who shall be appointed by the Governor. The commission shall elect a chairperson and vice chairperson and may elect such other officers as it deems advisable. The commission shall establish such quorum, attendance, and other rules as it shall deem necessary. The commission may conduct meetings at such places and at such times as it may deem necessary or convenient to enable it to perform fully and effectively its duties and to accomplish the objectives and purposes of this resolution. The members of the commission shall serve without compensation.
Section 2. The commission shall conduct a comprehensive review and evaluation of teacher education programs in Georgia. The process of review and evaluation shall be con ducted on an annual basis for a period of five years beginning in 1986 and shall involve educators from public and private colleges. Such review and evaluation shall include con sideration of each of the following factors:
(1) The criteria of the State Board of Education for the approval of teacher edu cation programs;
(2) The available measures of academic performance, including teacher certifi cation tests and performance assessments of teachers;

2500

JOURNAL OF THE HOUSE,

(3) The financial commitment to teacher education at the institution offering a teacher education program, as indicated by staffing, equipment, and facilities for the program;
(4) The size and effectiveness of the teacher education program as indicated by the number of graduates from the program and their success in teaching; and
(5) The overall quality of the general education program which is offered by the institution in support of the teacher education program.
Section 3. The reports on teacher education programs shall be reviewed by an aca demic officer designated by the Chancellor of the Board of Regents of the University System of Georgia and such officer shall, in turn, report to the State Board of Education.
Section 4. Each such report shall recommend that a program be approved for a five-year period, except that a program which is placed on probation will be reviewed annually with specific changes which must be made before continuation of approval or the State Board of Education will deny approval and such program shall be discontinued.
Section 5. The review and evaluation process shall be considered independent of other evaluations conducted by the Southern Association of Colleges and Schools and the National Commission on Accreditation in Teacher Education.
Section 6. The Board of Regents of the University System of Georgia shall report on the current condition of teacher education in Georgia to the House Committee on Edu cation, the House Committee on the University System of Georgia, the Senate Committee on Education, and the Senate Committee on Higher Education.
Section 7. The State Board of Education shall enter into contractual agreements with the Board of Regents of the University System of Georgia and private colleges and universities of this state whereby said Board of Regents, with the cooperation and assis tance of the Association of Private Colleges and Universities in Georgia, shall complete periodic reviews of teacher education programs which are offered by public and private institutions of higher education located within the State of Georgia.
Section 8. The commission shall make an annual report of its findings to the Governor and the General Assembly on or before December 31 of each year.
Section 9. The commission shall stand abolished on January 1, 1991.

The following Committee substitute was read and adopted:

A RESOLUTION
Creating the Teacher Education Study Committee and providing 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 compre hensive review and evaluation of teacher education in Georgia; and for other purposes.
WHEREAS, the State Board of Education for many years has conducted reviews of teacher education programs based on teacher certification requirements in Georgia; and
WHEREAS, the Quality Basic Education Act has given rise to a need for a more comprehensive review of both public and private teacher education programs in Georgia; and
WHEREAS, the Board of Regents of the University System of Georgia and the Asso ciation of Private Colleges and Universities in Georgia could be of valuable assistance to the State Board of Education by making annual comprehensive reviews of teacher edu cation programs in the public and private institutions of higher education of Georgia on behalf of the State Board of Education.

FRIDAY, MARCH 7, 1986

2501

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That there is created the Teacher Education Study Committee which shall consist of five members of the House of Representatives who shall be appointed by the Speaker of the House of Representatives. The committee shall elect a chairperson and vice chairperson and may elect such other officers as it deems advisable. The committee may conduct meetings at such places and at such times as it may deem necessary or convenient to enable it to perform fully and effectively its duties and to accomplish the objectives and purposes of this resolution. The members of the committee shall receive the expenses and allowances provided by law for legislative members of interim committees but shall receive the same for not more than five days. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated to or available to the legislative branch of government.
Section 2. That the committee shall conduct a comprehensive review and evalu ation of teacher education programs in Georgia. The process of review and evaluation shall involve educators from public and private colleges. Such review and evaluation shall include consideration of each of the following factors:
(1) The criteria of the State Board of Education for the approval of teacher edu cation programs;
(2) The available measures of academic performance, including teacher certifi cation tests and performance assessments of teachers;
(3) The financial commitment to teacher education at the institution offering a teacher education program, as indicated by staffing, equipment, and facilities for the program;
(4) The size and effectiveness of the teacher education program as indicated by the number of graduates from the program and their success in teaching; and
(5) The overall quality of the general education program which is offered by the institution in support of the teacher education program.
Section 3. That the reports on teacher education programs shall be reviewed by an academic officer designated by the Chancellor of the Board of Regents of the University System of Georgia and such officer shall, in turn, report to the State Board of Education.
Section 4. That each such report shall recommend that a program be approved for a five-year period, except that a program which is placed on probation will be reviewed annually with specific changes which must be made before continuation of approval or the State Board of Education will deny approval and such program shall be discontinued.
Section 5. That the review and evaluation process shall be considered independent of other evaluations conducted by the Southern Association of Colleges and Schools and the National Commission on Accreditation in Teacher Education.
Section 6. That the Board of Regents of the University System of Georgia shall report on the current condition of teacher education in Georgia to the House Committee on Education and the House Committee on the University System of Georgia.
Section 7. That the State Board of Education shall enter into contractual agree ments with the Board of Regents of the University System of Georgia and private colleges and universities of this state whereby said Board of Regents, with the cooperation and assistance of the Association of Private Colleges and Universities in Georgia, shall com plete periodic reviews of teacher education programs which are offered by public and pri vate institutions of higher education located within the State of Georgia.
Section 8. That the committee shall make a report of its findings to the Governor and the General Assembly on or before December 31, 1986.
Section 9. That the committee shall stand abolished on January 1, 1987.

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JOURNAL OF THE HOUSE,

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
Y Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo YAthon Y Atkins Y Auten Y Bailey
Balkcom Y Bannister
Y Bargeron Barnett.B
Y Barnett,M YBeck
Y Benefield Benn
Y Birdsong Bishop
Bolster YBostick Y Branch
Bray 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 Copelan
Y Couch YCox Y Crawford Y Crosby Y Cummings
Daugherty Davis Dean Diion YDobbs Y Dover Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler YGodbee Y Goodwin Greene YGreer Y Groover Y Hamilton
Y Manner Y Harris Y Hasty YHays

Y Heard YHill Y Holcomb Y Holmes Y Hooks
Home Hudson
Ylsakson 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
Lane,R Y Lawler
Y Lawrence Y Lawson
YLee,C YLee.W Y Linder YLogan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum
Martin.C Y MartinJ 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
Pettit Y Phillips Y Pinkston Y Porter
YRainey YRamsey.T
YRamsey.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 YSmyre YSnow 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 Ware Watson
Y Watts White
Y Wilder Y Williams.B Y Williams,J
Williams,R Y Wilson
Y Wood Y Workman Y Yeargin
Young Murphy.Spkr

On the adoption of the Resolution, by substitute, the ayes were 149, 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 Committee of Conference thereon:

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1146
The Committee of Conference on HB 1146 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1146 be adopted.

FRIDAY, MARCH 7, 1986

2503

FOR THE SENATE:
/s/ Harrill L. Dawkins Senator, 45th District
/s/ Richard L. Greene Senator, 26th District
/s/ Donn M. Peevy Senator, 48th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Denmark Groover, Jr. Representative, 99th District
/s/ Rudolph johnson Representative, 72nd District
Is/ Charles A. Thomas, Jr. Representative, 69th District

A BILL
To amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court costs, so as to provide that in any civil action in any court reasonable attorney's fees and expenses of litigation shall be awarded to any party against whom another party has asserted a claim, defense, or other 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, defense, or other position; to pro vide that such attorney's fees and expenses may be awarded under certain other circum stances; to provide that such costs may be awarded against a party, a party's attorney, or both and shall constitute a money judgment; to provide for an automatic repeal; to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to appeal by appli cation, so as to provide for appeals of awards of attorney's fees and expenses of litigation; to provide for other 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 15 of Title 9 of the Official Code of Georgia Annotated, relating to court costs, is amended by adding a new Code Section 9-15-14 to read as follows:
"9-15-14. (a) In any civil action in any court of record of this state, reasonable and necessary attorney's fees and expenses of litigation shall be awarded to any party against whom another party has asserted a claim, defense, or other 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, defense, or other position. Attorney's fees and expenses so awarded shall be assessed against the party asserting such claim, defense, or other position, or against that party's attorney, or against both in such manner as is just.
(b) The court may assess reasonable and necessary attorney's fees and expenses of litigation in any civil action in any court of record if, upon the motion of any party or the court itself, it finds that an attorney or party brought or defended an action, or any part thereof, that lacked substantial justification or that the action, or any part thereof, was interposed for delay or harassment, or if it finds that an attorney or party unneces sarily expanded the proceeding by other improper conduct, including, but not limited to, abuses of discovery procedures available under Chapter 11 of this title, the 'Georgia Civil Practice Act.' As used in this Code section, 'lacked substantial justification' means substantially frivolous, substantially groundless, or substantially vexatious.
(c) No attorney or party shall be assessed attorney's fees as to any claim or defense which the court determines was asserted by said attorney or party in a good faith attempt to establish a new theory of law in Georgia if such new theory of law is based on some recognized precedential or persuasive authority.
(d) Attorney's fees and expenses of litigation awarded under this Code section shall not exceed amounts which are reasonable and necessary for defending or asserting the rights of a party.
(e) Attorney's fees and expenses under this Code section may be requested by motion within 45 days after the final disposition of the action.

2504

JOURNAL OF THE HOUSE,

(f) An award of reasonable and necessary attorney's fees or expenses of litigation under this Code section shall be determined by the court without a jury and shall be made by an order of court which shall constitute and be enforceable as a money judg ment.
(g) This Code section shall be repealed effective July 1, 1989, and shall not apply to claims, defenses, or other positions first raised thereafter but shall continue to apply to claims, defenses, and positions first raised prior to said date."
Section 2. Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to appeal by application, is amended by striking the word "and" at the end of paragraph (8) of subsection (a), by replacing the period at the end of paragraph (9) of subsection (a) with the symbol and word "; and", and by adding a new paragraph (10) of subsection (a) to describe a case in which application for appeal is required and to read as follows:
"(10) Appeals from awards of attorney's fees or expenses of litigation under Code Section 9-15-14."
Section 3. This Act shall become effective July 1, 1986. The provisions of this Act shall apply to actions filed or presented for filing on or after July 1, 1986. In addition, this Act shall apply to any action pending on July 1, 1986, with respect to any claim, defense, or other position which is first raised in the action on or after July 1, 1986.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Johnson of the 72nd moved that the House adopt the report of the Committee of Conference on HB 1146.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M
Y Aiken Y Alford Y Alien Y Anderson
YArgo Y Athon
Atkins YAuten Y Bailey
Balkcom Y Bannister
Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield
Benn Y Birdsong
Bishop
Y Bolster Y Bostick Y Branch
Bray
Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter Y Chambless Y Chance
Y Cheeks Y Childere

Childs Y Clark,B Y Clark,L
Y Colbert Y Coleman Y Colwell Y Connell
Y Cooper Copelan
Y Couch YCo* Y Crawford Y Crosby Y Cummings
Daugherty Y Davis
Dean Y Dixon YDobbs Y Dover
Dunn Y Edwards
Y Felton Y Floyd Y Foster Y Galer 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
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 YLawson
YLee.C YLee,W
Y Linder YLogan
YLong YLord
Lucas Lupton N Maddoi Y Mangum Y Martin,C Y Martin,J Y Matthews
Y McDonald

On the motion, the ayes were 150, nays 3. The motion prevailed.

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
Peters Y Pettit Y Phillips Y Pinkston Y Porter
Rainey Y Ramsey.T Y Ramsey.V NRandall 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
YSmyre Snow
Y Stancil Y Steinberg Y Thomas.C Y Thomas,M Y Thompson
Townsend Y Triplett YTwiggs Y Waddle N Waldrep Y Walker.C Y Walker,L Y Wall
Ware
Watson Y Watts
White
Y Wilder Y Williams.B
Williams.J Y WiUiams.R Y Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy,Spkr

FRIDAY, MARCH 7, 1986

2505

The following Resolution of the House was read and adopted:

HR 999. By Representative Hamilton of the 124th: A resolution commending Miss Molly Sadler and Miss Elizabeth Sadler.

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 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.

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 YAuten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Bamett,B Y Barnett,M YBeck Y Benefield
Benn
Y Birdsong Bishop
Y Bolster Y Bostick Y Branch YBray
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 Y Connell
Y Cooper Y Copelan Y Couch YCoi Y Crawford YCrosby Y Cummings
Daugherty YDavis
Dean Y Dixon YDobbs Y Dover
Dunn
Y Edwards Y Felton Y Floyd Y Foster YGaler YGodbee YGoodwin YGreene YGreer Y Groover Y Hamilton Y Manner Y Harris
Y Hasty YHays

Y Heard YHill Y Holcomb Y Holmes
Y Hooks Home
Y Hudson Ylsakson Y JacksonJ Y Jackson.N Y Jamieson Y Johnson.D Y Johnson,F Y Johnson.R Y Johnson.S Y Kilgore Y Kingston YLane,D YLane,R Y Lawler
Y Lawrence Lawson
YLee,C YLee.W Y Under YLogan YLong YLord
Lucas
Y Lupton Maddoi
Y Mangum Y Martin.C Y MartinJ 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
Patten Peters Y Pettit Phillips Pinks ton Y Porter
Rainey YRamsey.T YRamsey.V YRandall
Y Ransom YRay
Y Reaves Y Redding Y Richardson
Robinson.C Y Robinson.P YRoss Y Royal Y Russell YSelman

Y Shepaid Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith,P
Smith,T
YSmyre YSnow
Y Stancil Steinberg
Y Thomas,C Y Thomas.M Y Thompson Y Townsend Y Triplet! YTwiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L
Y Wall Ware Watson
Y Watts White Wilder
Y Williams.B
Y Williams,J Y Williams,R Y Wilson Y Wood Y Workman YYeargin Y Young
Murphy ,Spkr

On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Greer of the 39th arose to a point of personal privilege and addressed the House.

2506

JOURNAL OF THE HOUSE,

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

Mr. Speaker:
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 267. By Senators Howard of the 42nd, Fincher of the 54th, and Kidd of the 25th:
A bill to amend Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of pharmacists, so as to provide for license expiration and renewal and to require pharmacists to obtain continuing pharmaceutical education as a condition for renewing their pharmacist license; to provide for approved correspondence courses.

The President appointed on the part of the Senate the following: Senators Kidd of the 25th, Garner of the 30th and Cobb of the 28th.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 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.

Representative Lawler of the 20th moved that SB 418 be placed upon the table. The motion prevailed.

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.

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
YAiken YAlford
Alien
Y Anderson YArgo YAthon Y Atkins

Y Auten Y Bailey Y Balkcom
Y Bannister Bargeron
YBarnett,B
Y Barnett,M YBeck YBenefield
Benn

Y Birdsong Bishop Bolster
Y Bostick Y Branch Y Bray
Y Brooks Brown.G
Y Buck Y Burruss

Y Byrd Y Carter Y Chambless
Y Chance Y Cheeks Y Childers
Childs Y Clark,B Y Clark,L Y Colbert

oleman YColweU Y Connell
1%*? J Copelan Y Couch
Col Y Crawford
Crosby Cummmgs

FRIDAY, MARCH 7, 1986

2507

Daugherty Y Davis
Dean Dixon YDobbs Y Dover YDunn Y Edwards 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 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
Lee.C YLee,W
Linder Y Logan
Long YLord Y Lucas Y Lupton

Y Maddos Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey
McKinney Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller
Oliver.C Y Padgett Y Pannell YParham
Y Parrish Y Patten
Peters Y Pettit
Phillips Pinkston

Porter 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
Shepard Y Sherrod
Sinkfield
Sizemore Y Smith.L Y Smith,P Y Smith.T
YSmyre YSnow
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 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

On the passage of the Bill, the ayes were 139, 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 adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 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.

The President has appointed on the part of the Senate the following: Senators Greene of the 26th, Stumbaugh of the 55th and Starr of the 44th.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Resolution of the House:

HR 567. By Representative Ross of the 82nd: A resolution compensating Miss Annie M. Peterson.

The President has appointed on the part of the Senate the following: Senators Dean of the 31st, Stumbaugh of the 55th and Turner of the 8th.

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

2508

JOURNAL OF THE HOUSE,

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1286

The Committee of Conference on HB 1286 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1286 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Roy E. Barnes Senator, 33rd District
/s/ Edward Hine, Jr. Senator, 52nd District

FOR THE HOUSE

OF REPRESENTATIVES:

. ,,,

,, ,. .

/s/ ^ Rep^resBentsatt'icvke, l1q3f8l ,th _D.is_tri_ct

/,,/ William J. Lee Representative, 72nd District

1st Culver Kidd Senator, 25th District

/s/ Larry Walker Representative, 115th District

A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the comprehensive regulation of ethics in government service and the disclosure of campaign contributions and expenditures; to provide for a short title; to pro vide for legislative intent on a declaration of policy; to provide for definitions; to create the State Ethics Commission; to provide for composition, appointment of members, terms, vacancies, meetings, officers, quorum, and assignments; to provide for certain staff, fund ing, and supplies; to provide for the powers, duties, and authority of the commission; to provide for certain limitations on such authority; to provide for venue for certain actions; to provide for the disclosure of campaign contributions; to provide for the acceptance of certain contributions; to provide for procedures regarding such contributions; to provide for persons subject to disclosure requirements; to provide for certain information in reports; to provide for certain recordkeeping and inspections; to provide for the uses of contributions; to require the filing of certain reports; to provide for the contents of such reports; to provide for filing, verification, and mailing of such reports; to provide for cer tain duties of the commission; to provide for the disclosure of certain financial interests; to provide for certain reports of such interests; to provide for the contents of such reports; to provide for filing requirements; to provide for verification; to provide for mailing of such reports; to provide that such reports shall be public records; 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. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Chapter 5, the "Campaign and Financial Disclosure Act," in its entirety and inserting in its place a new Chapter 5 to read as follows:

FRIDAY, MARCH 7, 1986

2509

"CHAPTER 5 ARTICLE 1
21-5-1. This chapter shall be known as and may be cited as the 'Ethics in Govern ment Act.'
21-5-2. It is declared to be the policy of this state, in furtherance of its responsibility to protect the integrity of the democratic process and to ensure fair elections for con stitutional offices, state offices, district attorneys, members of the Georgia House of Representatives and Georgia Senate, all constitutional judicial officers, and all county and municipal elected officials, to institute and establish a requirement of public disclo sure of campaign contributions and expenditures relative to the seeking of such offices, to the recall of public officials holding elective office, and to the influencing of voter approval or rejection of a proposed constitutional amendment or a state-wide refer endum. It is the policy of this state to require public disclosure of campaign contribu tions and expenditures when such are designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election. Further, it is the policy of this state that the state's public affairs will be promoted by disclosures of significant private interests of public officers and offi cials which may influence the discharge of their public duties and responsibilities. The General Assembly further finds that it is for the public to determine whether significant private interests of public officers have influenced the state's public officers to the detri ment of their public duties and responsibilities and, in order to make that determination and hold the public officers accountable, the public must have access to the disclosure of the significant private interests of the public officers of this state.
21-5-3. As used in this chapter, the term:
(1) 'Business entity' means any corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity, whether profit or nonprofit.
(2) 'Campaign committee' means the candidate, person, or committee which accepts contributions or makes expenditures designed to bring about the nomination or election of an individual to any elected office. The term 'campaign committee' also means any person or committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer or any person or committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed constitutional amendment or state-wide refer endum. The term 'campaign committee' shall also mean any person or committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election.
(3) 'Campaign contribution disclosure report' means a report filed with the commission by a candidate or the chairman or treasurer of a campaign committee setting forth all expenditures of $101.00 or more and all contributions of $101.00 or more, including contributions and expenditures of lesser amounts when the aggregate amount thereof by or to a person is $101.00 or more for the calendar year in which the report is filed. Such report shall also include the total amount of all individual contributions received or expenditures made of less than $101.00 each. The first report required in the calendar year of the election shall contain all such expenditures made and all such contributions received by the candidate or the committee in prior years in support of the campaign in question.
(4) 'Candidate' means an individual who seeks nomination for election or election to any public office, whether or not such an individual is elected; and a person shall be deemed to seek nomination or election if such person has taken necessary action under the laws of this state to qualify such person for nomination for election or elec tion, or has received contributions or made expenditures, or has given such person's consent for such person's campaign committee to receive contributions or make expenditures with a view to bringing about such person's nomination for election or election to such office.

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(5) 'Commission' means the State Ethics Commission created under Code Section 21-5-4.
(6) 'Contribution' means a gift, subscription, membership, loan, forgiveness of debt, advance or deposit of money or anything of value, conveyed or transferred for the purpose of influencing the nomination for election or election of any person for office, the recall of a public official holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide refer endum, or a proposed question which is to appear on the ballot in any county or municipal election. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any sources and on a voluntary basis. The term 'contribution' shall include other forms of payment made to candidates for office or who hold office when such fees and compensation made can be reasonably construed as a campaign contribution designed to encourage or influence a candidate or officeholder. The term 'contribution' shall also encompass transactions wherein a qualifying fee required of the candidate is furnished or paid by anyone other than the candidate.
(7) 'Direct ownership interest" means the holding or possession of good legal or rightful title of property or the holding or enjoyment of real or beneficial use of the property by any person and includes any interest owned or held by a spouse of such person if such interest is held jointly or as tenants in common between the person and spouse.
(8) 'Election' means a primary election; run-off election, either primary or general; special election; or general election. The term 'election' also means a recall election.
(9) 'Expenditure' means a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value made for the purpose of influencing the nomina tion for election or election of any person, the recall of a public official holding elec tive office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. The term 'expenditure' shall also include the payment of a qualifying fee for and in behalf of a candidate.
(10) 'Fiduciary position' means any position imposing a duty to act primarily for another's benefit as officers, directors, managers, partners, or other designations of general responsibility of a business entity.
(11) 'Filing officer' means that official who is designated in Code Section 21-5-34 to receive campaign contribution disclosure reports; provided, however, that such term shall not include the State Ethics Commission.
(12) 'Gift' means any gratuitous transfer to a public officer, the spouse of the public officer, or any dependents of the public officer or loan of property or services, which is not a contribution as defined in paragraph (6) of this Code section, and which is in the amount of $101.00 or more.
(13) 'Intangible property* means property which is not real property and which is held for profit and includes stocks, bonds, interest in partnerships, choses in action, and other investments but shall not include any ownership interest in any public or private retirement or pension fund, account, or system and shall not include any ownership interest in any public or private life insurance contract or any benefit, value, or proceeds thereof.
(14) 'Person' means an individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons.
(15) 'Public officer' means:
(A) Every constitutional officer;
(B) Every elected state official;
(C) The executive head of every state department or agency, whether elected or appointed;
(D) Each member of the General Assembly; and
(E) The executive director of each state authority.

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21-5-4. (a) Those members serving on the State Campaign and Financial Disclosure Commission prior to March 1, 1987, shall serve for a term of office which expires March 1, 1987.
(b) There is created the State Ethics Commission, with such duties and powers as are set forth in this chapter. The commission shall be governed by five members appointed as follows: three members, not more than two of whom shall be from the same political party, shall be appointed by the Governor, two for terms of three years and one for a term of two years; one member shall be appointed by the Lieutenant Governor for a term of four years; and one member shall be appointed by the Speaker of the House of Representatives for a term of four years. The initial members shall take office on March 2, 1987. Upon the expiration of a member's term of office, a new member, appointed in the same manner as the member whose term of office expired as provided in this subsection, shall become a member of the commission and shall serve for a term of four years and until such member's successor is duly appointed and quali
fied. If a vacancy occurs in the membership of the commission, a new member shall be
appointed to the unexpired term of office by the state official who appointed the vacat ing member. Members of the commission shall not serve for more than one complete term of office.
(c) All members of the commission shall be residents of this state. (d) Any person who:
(1) Has qualified to run for any federal, state, or local public office within a period of five years prior to such person's appointment;
(2) Has held any federal, state, or local public office within a period of five years prior to such person's appointment; or
(3) Serves as an officer of any political party, whether such office is elective or
appointive and whether such office exists on a local, state, or national level shall be ineligible to serve as a member of the commission.
(e) The commission shall elect a chairman, a vice chairman, and other officers as it deems necessary. The members shall not be compensated for their services but they
shall be reimbursed in an amount equal to the per diem received by the General Assem bly for each day or portion thereof spent in serving as members of the commission. They
shall be paid their necessary traveling expenses while engaged in the business of the commission.
(f) A majority of the members of the commission constitutes a quorum for the trans action of business. The vote of at least a majority of the members present at any meet
ing at which a quorum is present is necessary for any action to be taken by the commission. No vacancy in the membership of the commission impairs the right of a quorum to exercise all rights and perform all duties of the commission.
(g) Meetings of the members of the commission shall be held at the call of the chair man or whenever any two members so request.
21-5-5. The funds necessary to carry out this chapter shall come from the funds appropriated to and available to the State Ethics Commission and from any other avail able funds.
21-5-6. (a) The commission is vested with the following powers: (1) To meet at such times and places as it may deem necessary;
(2) To contract with other agencies, public or private, or persons as it deems necessary for the rendering and affording of such services, facilities, studies, and
reports to the commission as will best assist it to carry out its duties and responsibili ties;
(3) To cooperate with and secure the cooperation of every department, agency, or
instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this chapter;
(4) To employ an executive secretary and such additional staff as the commission deems necessary to carry out the powers delegated to the commission by this chapter;
(5) To issue subpoenas to compel any person to appear, give sworn testimony, or produce documentary or other evidence;
(6) To institute and prosecute actions in the superior courts, in its own name, seeking to enjoin or restrain any violation or threatened violation of this chapter;

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(7) To adopt in accordance with Chapter 13 of Title 50, the 'Georgia Administra tive Procedure Act,' such rules and regulations as are necessary to carry out the pur poses of this chapter; and
(8) To do any and all things necessary or convenient to enable it to perform wholly and adequately its duties and to exercise the power granted to it. (b) The commission shall have the following duties:
(1) To prescribe forms to be used in complying with this chapter;
(2) To prepare and publish a manual setting forth recommended uniform methods of accounting and reporting for use by persons required by this chapter to file state ments and reports;
(3) To accept and file any information voluntarily supplied that exceeds the requirements of this chapter;
(4) To develop a filing, coding, and cross-indexing system consonant with the pur poses of this chapter;
(5) To adopt a retention standard for records of the commission in accordance with Chapter 18 of Title 50, the 'Georgia Records Act';
(6) To prepare and publish such other reports and technical studies as in its judg ment will tend to promote the purposes of this chapter;
(7) To provide for public dissemination of such summaries and reports; (8) To determine whether the required statements and reports have been filed and, if so, whether they conform to the requirements of this chapter;
(9) To make investigations, subject to the limitations contained in Code Section 21-5-7, with respect to the statements and reports filed under this chapter and with respect to alleged failure to file any statements or reports required under this chapter,
and upon receipt of the written complaint of any person, verified under oath, to the best information, knowledge, and belief, by the person making same, with respect to
an alleged violation of any provision of this chapter, provided that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary
to fulfill its obligations under this chapter; (10) (A) To conduct a preliminary investigation, subject to the limitations con
tained in Code Section 21-5-7, of the merits of a written complaint by any person who believes that a violation of this chapter has occurred, verified under oath, to the best information, knowledge, and belief by the person making same. If there are
found no reasonable grounds to believe that a violation has occurred, the complaint shall be dismissed, subject to being reopened upon discovery of additional evidence
or relevant material. If the commission determines that there are such reasonable grounds to believe that a violation has occurred, it shall give notice by summoning
the persons believed to have committed the violation to a hearing. The hearing shall be conducted in all respects in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The commission may file a complaint charging viola
tions of this chapter, and any person aggrieved by the final decision of the commis sion is entitled to judicial review in accordance with Chapter 13 of Title 50;
provided, however, that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation
on its own cognizance as it deems necessary to fulfill its obligations under this chapter.
(B) In any such preliminary investigation referenced in subparagraph (A) of this paragraph, until such time as the commission determines that there are reasonable grounds to believe that a violation has occurred, it shall not be necessary to give
the notice by summons nor to conduct a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act";
(11) To report suspected violations of law to the appropriate law enforcement authority;
(12) To investigate upon a written complaint any illegal use of state employees in a political campaign by any candidate;
(13) To issue, upon request, and publish advisory opinions on the requirements of this chapter, based on a real or hypothetical set of circumstances;

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(14) To issue orders, after the completion of appropriate proceedings, directing compliance with this chapter or prohibiting the actual or threatened commission of any conduct constituting a violation, which order may include a provision requiring the violator:
(A) To cease and desist from committing further violations; (B) To make public complete statements, in corrected form, containing the information required by this chapter; (C) (i) To pay a civil penalty not to exceed $1,000.00 for each violation con tained in any report required by this chapter or for each failure to comply with any other provision of this chapter or of any rule or regulation promulgated under this chapter.
(ii) A civil penalty shall not be assessed against any person except after notice and hearing as provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The amount of any civil penalty finally assessed shall be recover able by a civil action brought in the name of the commission. All moneys recovered pursuant to this Code section shall be deposited in the state treasury.
(iii) The Attorney General of this state shall, upon complaint by the commis sion, or may, upon the Attorney General's own initiative if after examination of the complaint and evidence the Attorney General believes a violation has occurred, bring an action in the superior court in the name of the commission for a temporary restraining order or other injunctive relief or for civil penalties assessed against any person violating any provision of this chapter or any rule or regulation duly issued by the commission.
(iv) Any action brought by the Attorney General to enforce civil penalties assessed against any person for violating the provisions of this chapter or any rule or regulations duly issued by the commission or any order issued by the commis sion ordering compliance or to cease and desist from commissions of further viola tions shall be brought in the superior court of the county of the residence of the party against whom relief is sought. Service of process shall lie in any jurisdiction within the state. In such actions, the superior court inquiry will be limited to whether notice was given by the commission to the violator in compliance with the Constitution and the rules of procedure of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Upon satisfaction that notice was given and a hearing was held pursuant to Chapter 13 of Title 50, the 'Georgia Adminis trative Procedure Act,' the superior court shall enforce the orders of the commis sion and the civil penalties assessed under this chapter and the superior court shall not make independent inquiry as to whether the violations have occurred.
(v) In any action brought by the Attorney General to enforce any of the provi sions of this chapter or of any rule or regulation issued by the commission, the judgment, if in favor of the commission, shall provide that the defendant pay to the commission the costs, including reasonable attorneys' fees, incurred by the commission in the prosecution of such action;
(15) To make public its conclusion that a violation has occurred and the nature thereof;
(16) To petition the superior court within the county where the hearing was or is being conducted for the enforcement of any order issued in connection with such hear ing; and
(17) To report to the General Assembly and the Governor at the close of each fiscal year concerning the action taken during that time the names, salaries, and duties of all individuals employed and the funds disbursed and to make such further report on the matters within its jurisdiction as may appear desirable.
21-5-7. The commission shall not initiate any investigation or inquiry into any mat ter under its jurisdiction based upon the complaint of any person unless that person shall reduce the same in writing and verify the same under oath, to the best informa tion, knowledge, and belief of such person, the falsification of which shall be punishable as false swearing under Code Section 16-10-71. The person against whom any complaint is made shall be furnished or mailed a copy of the complaint by the commission within

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five business days after the filing of such complaint. Nothing in this Code section, how ever, shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter.
21-5-8. Venue for prosecution of civil violations of this chapter or for any other action by or on behalf of the commission shall be in the county of the residence of the candidate or public officer at the time of the alleged violation or action.
21-5-9. Except as otherwise provided in this chapter, any person who knowingly fails to comply with or who knowingly violates this chapter shall be guilty of a misdemeanor on the first offense and upon the second or subsequent offense shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $5,000.00, or both. Notwithstanding any provision to the con trary, any person who knowingly falsifies any report required under this chapter shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $5,000.00, or both.
ARTICLE 2
21-5-30. (a) No contributions to bring about the nomination or election of a candi date for any office shall be made except directly to a candidate or such candidate's cam paign committee which is organized for the purpose of bringing about the nomination or election of any such candidate; and no contributions to bring about the recall of a public officer or to bring about the approval or rejection by the voters of a proposed constitutional amendment, state-wide referendum, or other issue at the municipal or county level shall be accepted except directly by a campaign committee organized for that purpose.
(b) Each candidate shall have a campaign committee, which may consist of only the candidate pursuant to paragraph (2) of Code Section 21-5-3, for the purpose of main taining records and the filing of reports as required by this chapter. Every campaign committee shall have a chairman and a treasurer, except that the candidate may serve as the chairman and treasurer. Before a campaign committee accepts contributions, the name and address of the chairman and treasurer shall be filed with the commission. The same person may serve as chairman and treasurer. No contributions shall be accepted by or on behalf of the campaign committee at a time when there is a vacancy in the office of chairman and treasurer thereof.
(c) Contributions of money received pursuant to subsection (a) of this Code section shall be deposited in the separate campaign depository account opened and maintained for the purpose for which such campaign committee was organized. Such account may be an interest-bearing account; provided, however, that any interest earned thereon shall be deemed contributions and may only be used for the purposes allowed under this chapter. All deposits shall be accompanied by a bank deposit slip containing the name of each contributor and the amount contributed by each, except that with respect to the proceeds derived from fundraisers, individual contributions of less than $101.00 may be deposited in the aggregate.
(d) Where separate contributions of less than $101.00 are knowingly received from a common source, such contributions shall be aggregated for reporting purposes. For purposes of fulfilling this requirement, members of the same family, firm, or partnership or employees of the same person, as defined in Code Section 21-5-3, shall be considered to be a common source.
(e) The making and acceptance of anonymous contributions are prohibited. Any anonymous contributions received by a candidate or campaign committee shall be trans mitted to the director of the Fiscal Division of the Department of Administrative Services for deposit in the state treasury, and the fact of such contribution and transmittal shall be reported to the commission.
(f) A person acting on behalf of a public utility corporation regulated by the Public Service Commission shall not make, directly or indirectly, any contribution to a political campaign.

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21-5-31. (a) Any person who accepts contributions for, makes contributions to, or makes expenditures on behalf of candidates is subject to the same disclosure require ments of this chapter as a candidate, except that contributions from individuals made directly to a candidate or his campaign committee do not require separate reporting and except that contributions from persons as defined in paragraph (14) of Code Section 21-5-3 which do not exceed $500.00 in the aggregate or which are made to only one candidate, regardless of the amount, do not require separate reporting.
(b) When a contribution consists of the proceeds of a loan, advance, or other exten sion of credit, the campaign contribution disclosure report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify such relationship.
21-5-32. (a) The treasurer of each campaign committee shall keep detailed accounts, current within not more than five business days after the date of receiving a contribution or making an expenditure, of all contributions received and all expenditures made by or on behalf of the candidate or committee. The treasurer shall also keep detailed accounts of all deposits made in any savings account or certificate of deposit and of all withdrawals made therefrom to the separate campaign depository and of all interest earned thereon.
(b) Accounts, including campaign savings accounts and certificates of deposit, kept by the treasurer of a campaign committee may be inspected under reasonable circum stances before, during, or after the election to which the accounts refer by any author ized representative of the commission. The right of inspection may be enforced by appropriate writ issued by any court of competent jurisdiction.
(c) Accounts kept by the campaign committee shall be preserved for three years from the termination date of the campaign committee for any candidate or for three years from the election to bring about the approval or rejection by the voters of any proposed constitutional amendment, referendum, local issue, or recall vote.
21-5-33. (a) Contributions received by a candidate or a campaign committee, or a public officer and any proceeds from investing such contributions shall be utilized only to defray ordinary and necessary expenses, which may include any loan of money from a candidate or public officer to the candidate's campaign committee, incurred in connec tion with the candidate's campaign for elective office or a public officer's fulfillment or retention of such office.
(b) (1) All contributions received by a candidate or such candidate's campaign committee or a public officer in excess of those necessary to defray expenses pursuant to subsection (a) of this Code section and as determined by the candidate or public officer may only be used as follows:
(A) As contributions to any charitable organization described in 26 U.S.C. 170(c) as said federal statute exists on March 1, 1986, and which addi
tionally shall include educational, eleemosynary, and nonprofit organizations; (B) For transferral without limitation to any national, state, or local committee
of any political party or to any candidate;
(C) For repayment on a pro rata basis to persons making such contributions; (D) For use in future campaigns for any elective office;
(E) For repayment of any prior campaign obligations incurred as a candidate; or (F) (i) For any personal use; provided, however, that no candidate or public
officer shall convert contributions to the personal use or benefit of the candidate or public officer unless the candidate or public officer shall have:
(I) Written to every contributor to the most recent campaign to notify the
contributor that the candidate or public officer intends to convert contributions to the personal use of the candidate or public officer;
(II) Extended an opportunity in writing to every contributor to the most
recent campaign to receive a pro rata distribution from the campaign committee

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in lieu of having the contributions converted to the personal use of the candi date or public officer, which opportunity shall not expire for at least 30 days after extension of such opportunity; and
(III) Distributed pro rata the contributions to all who objected to the conver sion of the contributions to the personal use of the candidate or public officer, (ii) Notwithstanding any other provision of this subparagraph to the contrary, no repayment or offer of repayment shall be required if there is less than $5,000.00 in the campaign account of a state-wide candidate or public officer or if there is less than $1,000.00 in the campaign account of a candidate or elected official other than a state-wide candidate or public officer.
(2) Any candidate or public officer may provide in the will of the candidate or public officer that the contributions shall be spent in any of the authorized manners upon the death of the candidate or public officer; and, in the absence of any such direction in the probated will of the candidate or public officer, the contributions shall be paid to the treasury of the state party with which the candidate or public officer was affiliated in such candidate's or officer's last election or elective office. Notwith standing any other provisions of this paragraph, the personal representative or execu
tor of the estate shall be allowed to use or pay out funds in the campaign account in any manner authorized in subparagraphs (A) through (F) of paragraph (1) of this subsection.
(c) Contributions shall not constitute personal assets of the candidate or public offi cer unless and until such contributions are converted to the personal use of the candi date or public officer as provided in subparagraph (b)(l)(F) of this Code section.
21-5-34. (a) (1) The candidate or the chairman or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any
office except county and municipal offices and the chairman or treasurer of every campaign committee designed to bring about the recall of a public officer or designed
to bring about the approval or rejection by the voters of any proposed constitutional amendment or state-wide referendum shall file with the commission the required cam
paign contribution disclosure reports. In addition, a candidate for any state office or the chairman or treasurer of his or her campaign committee shall file a copy of each of his or her reports with the election superintendent of the county of his or her resi dence.
(2) (A) Any campaign committee which accepts contributions or makes expendi tures designed to bring about the approval or rejection by the voters of any pro posed question which is to appear on the ballot in any county or municipal election
shall file a campaign contribution disclosure report as prescribed by this chapter; provided, however, that such report shall only be required if such campaign commit
tee has received contributions which toted more than $500.00 or if such campaign committee has made expenditures which total more than $500.00. All advertising pertaining to referendums must identify the principal officer of said campaign
committee by containing the name and title of the principal officer.
(B) If a campaign committee is required to file a report under subparagraph (A) of this paragraph, said report shall be filed with the election superintendent of the county in the case of a county election or with the municipal clerk in the case of
a municipal election. Any such report shall be filed 15 days prior to the date of the election; and a final report shall be filed prior to December 31 of the year in which the election is held.
(3) A candidate for county office or the chairman or treasurer of such candidate's campaign committee shall file the required campaign contribution disclosure reports
with the election superintendent in the respective county of election.
(4) A candidate for municipal office or such candidate's campaign committee shall file the reports with the municipal clerk in the respective municipality of election or,
if there is no clerk, with the chief executive officer of the municipality, (b) All reports shall list the following:
(1) The amount, name, and mailing address of any person making a contribution of $101.00 or more, including the purchase of tickets for events such as dinners,
luncheons, rallies, and similar fundraising events;

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(2) The name and mailing address and occupation or place of employment of any person to whom an expenditure of $101.00 or more is made and the amount and gen eral purpose of such expenditure;
(3) When a contribution consists of a loan, advance, or other extension of credit, the report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary rela tionship to the lending institution or party making the advance or extension of credit, the report shall specify such relationship. (c) Campaign committees which accept contributions or make expenditures designed to bring about the nomination or election of a candidate shall file campaign contribution disclosure reports 45 days and 15 days before the primary election and ten days after the primary election. Candidates in a general or special election campaign shall make such reports 15 days prior to the general or special election, and all candidates shall make a final campaign contribution disclosure report not later than December 31 of the year in which the election occurs. All candidates shall have a five-day grace period in filing the required reports. If a run-off election is required following a primary, general, or special election, candidates in such an election shall make such reports six days prior to the run-off election and shall have a two-day grace period in filing the required report, with the exception that, if an election is scheduled on a Wednesday, the grace period shall end the Friday preceding the election. The mailing of said reports by United States mail with adequate postage thereon, within the required filing time, shall be prima-facie evidence of filing. A report or statement required to be filed by this Code section shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to administer oaths. Each report required in the calendar year of the election shall contain cumulative totals of all contributions which have been received and all expenditures which have been made in support of the campaign in question and which are required, or previously have been required, to be reported. (d) In the event any candidate covered by this chapter has no opposition in either a primary or a general election and receives no contribution of $101.00 or more, said candidate shall only be required to make the initial and final report as required under this chapter. (e) A supplemental campaign contribution disclosure report shall be filed by each public officer elected to an office covered by this chapter no later than December 31 of each year following the year in which the election occurs. If no contribution is received or expenditure made which is required to be reported under this chapter between the date of the last campaign contribution disclosure report filed pursuant to this chapter and December 31 of any year, a supplemental campaign contribution disclosure report shall be required by this chapter and shall so indicate no contributions or expenditures. (f) Any campaign committee which accepts contributions or makes expenditures designed to bring about the recall of a public official or to oppose the recall of a public official shall file campaign contribution disclosure reports with the commission as fol lows:
(1) An initial report shall be filed within 15 days of the date when the official recall petition forms were issued to the sponsors;
(2) A second report shall be filed 45 days after the filing of the initial report; (3) A third report shall be filed within 15 days after the expiration date for acquir ing signatures on the recall petition; (4) A final report shall be filed prior to December 31 of the year in which the recall election is held; and (5) In the case of state officials or county officials, a copy of each of the reports shall also be filed with the election superintendent in the county of residence of the official sought to be recalled. In the case of municipal officials, a copy of the reports shall also be filed with the municipal clerk in the municipality of residence of the offi cial sought to be recalled or, if there is no clerk, with the chief executive officer of the municipality.

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(g) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of a proposed constitu tional amendment or a state-wide referendum shall file a campaign contribution disclo sure report with the commission 15 days prior to the date of the election and shall file a final report prior to December 31 of the year in which the election is held.
(h) In any county in which the county board of elections does not maintain an office open to the public during normal business hours for five days a week, the reports required by this Code section shall be filed in the office of the judge of the probate court of that county.
21-5-35. (a) Any member of the General Assembly or that member's campaign committee who accepts a reportable campaign contribution during a legislative session shall report the contribution to the proper authority on the first day of the month following the month in which the contribution was accepted.
(b) Any person subject to Code Section 21-5-31 who gives a contribution to a member of the General Assembly or that member's campaign committee during a legis lative session shall report the contribution to the proper authority on the first day of the month following the month in which the contribution was given.
21-5-36. (a) It shall be the duty of the commission or filing officer to make the campaign contribution disclosure reports available for public inspection and copying during regular office hours commencing as soon as practicable after such filing. Such commission or filing officer shall have the authority to charge a fee for copying such reports not to exceed the actual cost thereof. The commission or filing officer shall pre serve such reports for a period of five years from the date upon which they are received. A filing officer shall notify the commission in writing of:
(1) The names of all candidates and offices sought in a special election, when held at a time other than election dates scheduled by law or charter, within ten days of the close of the qualification period; and
(2) Within ten days after the date a report is due, the names and addresses of candidates or campaign committees which have not filed required campaign disclosure reports as required by law in the election in question. A filing officer shall immediately notify the commission when such officer shall receive any complaint against any candidate offering for any office specified in Code Section 21-5-2 or against any campaign committee and shall forward the commission a copy of the complaint. In the event any complaint is against a county or municipal candidate, a copy of the reports filed by such candidate shall be forwarded to the commission along with the complaint. (b) The commission or filing officer receiving original reports has the duty to inspect each report filed with such commission or officer by candidates or by a campaign committee for conformity with the law and to notify the candidate or campaign commit tee immediately if the report does not conform with the law, is unsigned, or is otherwise in technical violation of filing requirements.
ARTICLE 3
21-5-50. (a) Each public officer, as defined in paragraph (15) of Code Section 21-5-3, shall file with the commission not before the first day of January nor later than February 15 of each year in which such public officer holds office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer shall file with the commission, not later than the tenth day after which such person qualifies, a financial disclosure statement for the 12 month period ending the month prior to such qualification. The commission shall review each financial disclosure statement to determine that such statement is in compliance with the requirements of this chapter.
(b) A financial disclosure statement shall be in the form specified by the commission and shall identify:
(1) All gifts, fees, and honoraria reasonably believed by the public officer to be in excess of $500.00 received from speaking engagements, participation in seminars, discussion panels, or other activities which relate to the duties of the public officer

FRIDAY, MARCH 7, 1986

2519

or the office of the public officer, with a statement identifying the gift received and the person from whom it was received;
(2) All fiduciary positions held by the candidate for public office or the public offi cer, with a statement of the title of each such position, the name and address of the business entity, and the principal activity of the business entity;
(3) All direct ownership interests, including any intangible property, in any busi ness entity, including the name, address, principal activity of the business entity, the office held by the candidate for public office or the public officer within such business entity, and the duties and responsibilities of the candidate for public office or the public officer in which such ownership is held, where:
(A) Such ownership interest is more than 10 percent; or (B) Such ownership interest has a fair market value of more than $20,000.00; (4) All direct ownership interests which have a fair market value of more than $20,000.00 or represent at least 10 percent of the candidate for public office's or the public officer's net worth in 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 (5) All annual payments in excess of $20,000.00 received by the public officer or any business entity identified in paragraph (3) of this subsection from the state, any agency, department, commission, or authority created by the state, and authorized and exempted from disclosure under Code Section 45-10-25, and the agency, department, commission, or authority making the payments, and the general nature of the con sideration rendered for the source of the payments. 21-5-51. The financial disclosure reports required under this part shall be verified by oath or affirmation of the public officer filing the report, such oath or affirmation to be taken before an officer authorized to administer oaths. 21-5-52. Depositing of a properly addressed financial disclosure report in the United States mails with adequate postage thereon shall constitute filing on the date of mailing. 21-5-53. Financial disclosure reports filed pursuant to this part shall be public records and shall be subject to inspection and copying by any member of the public as provided by law for other public records."
Section 2. This Act shall become effective March 1, 1987.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 115th moved that the House adopt the report of the Committee of Conference on HB 1286.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom Y Bannister N Bargeron Y Barnett.B YBarnett,M Y Beck
Y Benefield NBenn
Y Birdsong Y Bishop Y Bolster

Y Bostick
N Branch Y Bray N Brooks N Brown.G Y Buck Y Burruss YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs N Clark,B N Clark,L Y Colbert
Coleman
N Colwell Y Connell
Y Cooper Y Copelan N Couch

Y Cox
N Crawford Y Crosby Y Cummings
Daugherty Y Davis N Dean Y Diion Y Dobbs Y Dover
Dunn N 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 N Hays Y Heard Y Hill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson.J Y Jackson,N N Jamieson Y Johnson,D Y Johnson,F Y John8on,R N Johnson,S
Y Kilgore Y Kingston
Y Lane,D N Lane,R Y Lawler

Y Lawrence
Lawson Y Lee.C Y Lee.W Y Linder Y Logan
Long N Lord N Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin.J N Matthews Y McDonald Y McKelvey N McKinney
Y Milam N Milford
N Moody N Moore Y Morton

2520

JOURNAL OF THE HOUSE,

N Mostiler Y Moultrie Y Mueller N Oliver.C Y Padgett Y Pannell Y Parham
Parrish Patten Peters
N Pettit Phillips
Y Pinkston

N Porter N Rainey Y Ramsey.T Y Ramsey.V N Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Robinson.C Y Robinson.P NRoss

Y Royal Y Russell Y Selman Y Shepard N Sherrod N Sinkfield Y Sizemore Y Smith,L Y Smith,P N Smith.T YSmyre YSnow
Y Stancil

On the motion, the ayes were 131, nays 37. The motion prevailed.

Y Steinberg Y Thomas,C Y Thomas,M Y Thompson Y Townsend N Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C
Y Walker,L Y Wall
Ware

Y Watson Y Watts N White Y Wilder Y Williams.B N Williams,J Y Williams,R Y Wilson Y Wood Y Workman Y Yeargin
N Young Murphy,Spkr

Representative Johnson of the 76th stated that she inadvertently voted "nay" on the preceding roll call. She wished to vote "aye" thereon.

The following Resolution of the House was read and adopted:

HR 1000. By Representatives Birdsong of the 104th, Martin of the 60th, Pinkston of the 100th, Porter of the 119th, Coleman of the 118th and others:
A resolution commending Brett Bacon.

The following Resolution of the House was read:

HR 1001. By Representative Murphy of the 18th:

Relative to adjournment.

A RESOLUTION

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Gen eral Assembly adjourn sine die at 6:00 P.M. on March 7, 1986.

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

Aaron Adams.G Y Adams.M Y Aiken Alford Y Alien
Y Anderson Argo
Y Athon
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 Y Bolster
Bostick Y Branch
Bray 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 YCoi Y Crawford Y Crosby Y Cummings
Daugherty Davis
YDean Y Diion

YDobbs Y Dover
Dunn
Y Edwards Y Felton Y Floyd Y Foster Y Galer Y God bee Y Goodwin Y Greene YGreer Y Groover Y Hamilton
Y Hanner Harris 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
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
Long YLord
Lucas Y Lupton
Y Maddox Y Mangum Y Martin,C Y Martin,J Y Matthews Y McDonald

Y McKelvey Y McKinney YMilam Y Milford Y Moody Y Moore
Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham
Parrish Patten Y Peters
Y Pettit Phillips
Y Pinkston Y Porter Y Rainey Y Ramsey.T
Ramsey.V Y Randall Y Ransom YRay

FRIDAY, MARCH 7, 1986

2521

Y Reaves Y Redding Y Richardson
Y Robinson.C Y Robinson.P Y Ross Y Royal
Russell Y Selman

Y Shepard Y Sherrod Y Sinkfield
Y Sizemore Y Smith.L Y Smith,? N Smith.T YSmyre Y Snow

Y Stancil Y 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 Ware
Y Watson Y Watts Y White Y Wilder

On the adoption of the Resolution, the ayes were 152, nays 1. The Resolution was adopted.

Y Williams.B Y Williams,J Y Williams,R
Y Wilson Y Wood Y Workman
Yeargin Y Young
Murphy,Spkr

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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.

Representative Jackson of the 9th moved that the House adhere to its position in sub stituting SB 390 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 Jackson of the 9th, Porter of the 119th and Kingston of the 125th.

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

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 Senate substitute was read:

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

2522

JOURNAL OF THE HOUSE,

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:
"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 has been a member of the group for at least six months and who is entitled to medical benefits coverage under a group con tract 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 six 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 three additional policy months upon payment of the premium by cash, certified check, or money order, at the option of the employer, 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 premium payments for this coverage. At the end of such period, the group member shall have the same conver sion rights that were available on the date of termination of coverage in accordance with the conversion privileges contained in the group contract or group plan.

FRIDAY, MARCH 7, 1986

2523

(d) A group member shall not be entitled to have coverage continued if: (1) termina tion of coverage occurred because the employment of the group member was terminated for cause; (2) termination of coverage occurred because the group member failed to pay any required contribution; or (3) any discontinued group coverage is immediately replaced by similar group coverage. Further, a group member shall not be entitled to have coverage continued if the group contract or group plan was terminated in its entirety or was terminated 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.
(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 six months immediately prior to termination shall be enti tled, 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. The premium of the con verted policy shall be determined in accordance with the insurer's table of premium rates applicable to the age and classification of risks of each person to be covered under that policy and to the type and amount of coverage provided.
(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:

2524

JOURNAL OF THE HOUSE,

(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 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.

Representative Bray of the 91st moved that the House agree to the Senate substitute to HB 212.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Adams.G YAdams,M YAiken
Alford Y Alien Y Andereon YArgo Y Athon

Y Atkins Y Auten Y Bailey
Balkcom
Y Bannister Y Bargeron
Barnett,B YBamett,M Y Beck

Y Benefield Y Benn Y Birdsong
Bishop
Y Bolster Y Bostick Y Branch Y Bray Y Brooks

Y Brown.G Buck
Y Burruss Y Byrd
Y Carter Y Chambless Y Chance Y Cheeks Y Childers

Y Childs Clark,B Clark,L
Y Colbert
Y Coleman N Colwell Y Connell Y Cooper Y Copelan

FRIDAY, MARCH 7, 1986

Couch YCoi Y Crawford Y Crosby
Cummings
Daugherty Y Davis
Dean Y Diion
Dobbs Y Dover
Dunn Y Edwards Y Pelton Y Floyd Y Foster
Galer YGodbee Y Goodwin Y Greene YGreer
Y Groover Y Hamilton Y 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 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 YLogan YLong

YLord Lucas
Y Lupton Maddox
Y Mangum Y Martin,C Y Martin,J Y Matthews Y McDonald Y McKelvey
McKinney Milam Milford 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

Phillips
Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom YRay
Reaves Redding Richardson Robinson,C Robinson.P
YRoss Y Royal Y Russell YSelman
Shepard Y Sherrod Y Sinkfield
Y Sizemore Y Smith.L
Smith,P Y Smith.T YSmyre YSnow

On the motion, the ayes were 133, nays 1. The motion prevailed.

2525
Y Stancil Stein berg
Y Thomas.C Thomas.M
Y Thompson Y Townsend Y Triplett
Twiggs Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Wilson Y Wood Workman Y Yeargin Young Murphy.Spkr

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

HB 1607. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to grant exemptions from Henry County School District ad valorem taxation to certain elderly and disabled residents of Henry County; to pro vide the amount of and qualifications for said exemptions; to supersede and repeal that constitutional amendment relating to homestead exemptions from Henry County School District taxes which is set out at Ga. L. 1982, p. 2515.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1607

The Committee of Conference on HB 1607 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1607 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Thomas F. Allgood Senator, 22nd District
/s/ Janice S. Horton Senator, 17th District
/s/ Terrell A. Starr Senator, 44th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Wesley Dunn Representative, 73rd District
/s/ Hugh Boyd Pettit, III Representative, 19th District
/s/ Larry Smith Representative, 78th District

2526

JOURNAL OF THE HOUSE,

A BILL

To grant exemptions from Henry County School District ad valorem taxation to cer tain elderly and disabled residents of Henry County; to provide the amount of and qual ifications for said exemptions; to supersede and repeal that constitutional amendment relating to homestead exemptions from Henry County School District taxes which is set out at Ga. L. 1982, p. 2515; to provide for all matters related to the foregoing; to provide for a special election for the purpose of approval or disapproval of the foregoing by the voters of the Henry County School District; to repeal conflicting laws; and for other pur poses.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. (a) The homestead of each resident of Henry County who is totally dis abled or 62 years of age or older and who received less than $12,000.00 of income during the preceding calendar year shall be entirely exempt from Henry County School District taxation.
(b) For purposes of this Act the income of a person shall include the net taxable income of the person for Georgia income tax purposes plus the net taxable income for Georgia income tax purposes of each member of the person's family who resides in the homestead.
(c) For purposes of this Act a person is totally disabled if the person has a medically demonstrable condition which renders the person wholly and permanently unable to pursue any gainful employment. The tax officials of Henry County shall require appropri ate proof of such disability, including if necessary the affidavits of not more than two licensed physicians as to the person's disability.
(d) The exemptions granted by this Act shall apply only to ad valorem taxes levied for the support of the Henry County School District, including taxes levied to retire bonded indebtedness of the school district.
(e) The exemptions granted by this Act shall apply to taxes for the year 1989 and future years.
(f) The exemptions granted by this Act shall be in lieu of and not in addition to any other exemption from ad valorem taxes levied for the support of the Henry County School District. Without limiting the generality of the foregoing, it is specifically provided that the provisions of this Act shall as of January 1, 1989, supersede and repeal the provisions of that constitutional amendment relating to exemptions from Henry County School Dis trict ad valorem taxes for certain disabled and elderly citizens of Henry County, which constitutional amendment is set out at Ga. L. 1982, p. 2515.
(g) The exemptions granted by this Act shall be administered and granted in the same manner as the exemption granted pursuant to Code Section 48-5-52; and except as expressly provided otherwise in this Act all provisions of general state law which apply to said exemption shall apply to the exemptions granted by this Act.

Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Henry County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Henry County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1986, general election and shall issue the call therefor not less than 30 days prior to that date. The superintendent shall cause the date and purpose of the elec tion to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Henry County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides that the homestead of each resident of Henry County who is totally disabled or 62 years of age or older and who has less than $12,000.00 per year of specified income shall be entirely exempt from Henry County School District taxation and which supersedes and repeals prior exemptions from Henry County School District ad valorem taxes for the elderly and disabled?"

FRIDAY, MARCH 7, 1986

2527

All persons desiring to vote for approval of the Act shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect January 1, 1989. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by Henry County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Dunn of the 73rd moved that the House adopt the report of the Committee of Conference on HB 1607.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 552. By Senator Greene of the 26th:
A bill to amend Code Section 17-6-11 of the Official Code of Georgia Anno tated, relating to the deposit of a chauffeur's or driver's license in lieu of incarceration, formal recognizance, or bail by persons arrested for violations of certain laws pertaining to traffic and motor vehicles, so as to provide for the reinstatement 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 roll call was ordered and the vote was as follows:

Aaron Adams,G
Adams,M YAiken
Y Alford
Y Alien YAnderson YArgo Y Athon Y Atkins
Y Auten Y Bailey
Balkcom Y Bannister YBargeron
Bamett,B
Bamett,M Y Beck YBenefield
Benn YBirdsong
Bishop Bolster Y Bostick
Branch Bray
Y Brooks Brown,G
Buck Burruss YByrd

Y Carter Y Chambless
Y Chance Y Cheeks
Y Childers
Y Childs Y Clark.B YClark,L Y Colbert Y Coleman
Y Colwell Y Connell Y Cooper Y Copelan Y Couch Y Cox
Y Crawford Crosby Cummings Daugherty Davis Dean 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
Y Hamilton Manner
Y Harris Y Hasty Y Hays
Heard Y Hill 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 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
V Long Y Lord
Lcas Y Lupton
Maddoi
Y Mangum Martm.C
Y 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
Y Parham Ptxmh Patten

Y Pettit
Philips Pmkston
Y Porter
Y Ramey Y Ramsey.T Y Ramsey.V
Randall Y Ransom
Y Ray Reaves Redding Richardson
Y Robmson.C Y Robinson,?
^5"", Y Royal Y Russell
Selman Shepard Y Sherrod Y Sinkfleld Y Sizemore
Y Smith,L Smith,P
Smith.T Y Smyre
Y Snow Y Stancil
Steinberg

2528

JOURNAL OF THE HOUSE,

Thomas.C
Thomas.M Thompson Y Townsend Y Triplet!

Y Twiggs
Y Waddle Y Waldrep Y Walker.C
Walker.L

Y Wall
Ware Watson Y Watts White

Y Wilder
Y Williams,B Y Williams,J
Williams.R Y Wilson

Y Wood
Workman Y Yeargin
Young Murphy,Spkr

On the passage of the Bill, the ayes were 124, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following Bills of the House was taken up for the purpose of considering the Senate substitutes thereto:

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 following Senate substitute was read:

A BILL
To amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Anno tated, relating to arrests, trials, and appeals of traffic offenses, so as to provide that all challenges to final convictions for traffic offenses must be filed within 180 days of the date the conviction becomes final; to provide that challenges to traffic convictions which became final prior to the effective date of this Act must be filed within 180 days of the effective date of this Act; 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 2 of Chapter 13 of Title 40 of the Official Code of Georgia Anno tated, relating to arrests, trials, and appeals of traffic offenses, is amended by adding at the end of said article a new Code section, to be designated Code Section 40-13-33, to read as follows:
"40-13-33. (a) Any challenge to a misdemeanor conviction of any of the traffic laws of this state or the traffic laws of any county or municipal government which may be brought pursuant to Chapter 14 of Title 9 must be filed within 180 days of the date the conviction becomes final.
(b) Any challenge to a conviction specified in subsection (a) of this Code section which became final before the effective date of this Code section must be filed within 180 days of the effective date of this Code section.
(c) When the commissioner of public safety is named as the respondent, all such petitions must be brought in the Superior Court of Fulton County.
(d) Failure to file the challenge within the time prescribed in this Code section shall divest the court of jurisdiction."
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 Thomas of the 69th moved that the House agree to the Senate substi tute to HB 1351.

FRIDAY, MARCH 7, 1986

2529

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

Aaron Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Andereon YArgo Y Athon Y Atkins YAuten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett.B Barnett.M YBeck Y Benefleld Benn
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 Childers

Y Childs Y Clark.B Y Clark,L Y Colbert
Coleman Y Colwell Y Connell
Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby
Cummings Daugherty Y Davis YDean
Y Di*>n Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton
Hanner Y Harris Y Hasty YHays

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 Y Kilgore Y Kingston YLane,D YLane,R
Lawler Y Lawrence Y Lawson YLee,C YLee.W Y Under YLogan YLong YLord
Lucas Y Lupton
Maddox Y Mangum Y Martin,C Y Martin,J Y Matthews Y McDonald

On the motion, the ayes were 135, nays 0. The motion prevailed.

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 YParhum
Y Parrish
Patten Peters
Y Pettit Phillips Pinkston
Y Porter Rainey
Y Ramsey.T
YRamsey.V Randall
Y Ransom
YRay Reaves
Y Redding Richardson
Y Robinson.C Y Robinson.P
YRoss Y Royal
Y Russell Selman

Shepard Y Sherrod Y Sinkfield
Y Sizemore Y Smith,L Y Smith,P
Smith.T YSmyre YSnow Y Stancil
Stein berg Y Thomas,C
Thomas.M Y Thompson
Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Y Walker.C
Walker,L Y Wall
Ware Watson Y Watts White Y WUder Y Williams.B Y Williams,J Williams.R
Y Wilson Y Wood Y Workman Y Yeargin
Young Murphy ,Spkr

HB 962. By Representatives Thomas of the 69th and Pinkston of the 100th:
A bill to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the privilege for and release of medi cal information, so as to change the conditions under which medical informa tion shall be released by physicians.

The following Senate substitute was read:

A BILL
To revise the scope of certain privileges against divulging information and certain procedures to secure documents from otherwise privileged sources; to amend Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to the production of documents and things, so as to change procedures applicable to requests to produce documents made to certain nonparties; to amend Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileges of witnesses, so as to include communications made to a clergyman by a person seeking counseling as privileged; to include certain information of hospitals and health facilities as privileged; to provide exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to the production of documents and things, is amended by striking in its entirety subsec tion (c) and inserting in its place a new subsection (c) to read as follows:

2530

JOURNAL OF THE HOUSE,

"(c) (1) This Code section shall also be applicable with respect to discovery against persons, firms, or corporations who are not parties, in which event a copy of the request shall be served upon all parties of record; or, upon notice, the party desiring such discovery may proceed by taking the deposition of the person, firm, or corpora tion on oral examination or upon written questions under Code Section 9-11-30 or 9-11-31. The nonparty or any party may file an objection as provided in subsection (b) of this Code section. If the party desiring such discovery moves for an order under paragraph (a) of Code Section 9-11-37 to compel discovery, he shall make a showing of good cause to support his motion.
(2) This Code section shall also be applicable with respect to discovery against a nonparty who is a practitioner of the healing arts or a hospital or health care facility, including those operated by an agency or bureau of the state or other governmental unit. Where such a request is directed to such a nonparty, a copy of the request shall be served upon all parties of record; or, upon notice, the party desiring such discovery may proceed by taking the deposition of the person, firm, or corporation on oral examination or upon written questions under Code Section 9-11-30 or 9-11-31. The nonparty or any party may file an objection with the court in which the action is pending and shall serve a copy of such objection on the nonparty to whom the request is directed, who shall not furnish the requested materials until further order of the court, and on all other parties to the action. Upon the filing of such objection, the party desiring such discovery may move for an order under paragraph (a) of Code Section 9-11-37 to compel discovery and, if he shall make a showing of good cause to support his motion, discovery shall be allowed. If no objection is filed within ten days of the request, the nonparty to whom the request is directed shall promptly comply therewith."
Section 2. Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Anno tated, relating to privileges of witnesses, is amended by striking in its entirety Code Section 24-9-22, relating to privileged communications to a clergyman, and inserting in its place a new Code Section 24-9-22 to read as follows:
"24-9-22. Every communication made by any person professing religious faith er : seeking spiritual comfort^ or seeking counseling to any Protestant minister of the Gospel, any priest of the Roman Catholic faith, any priest of the Greek Orthodox Catholic faith, any Jewish rabbi, or to any Christian or Jewish minister, by whatever name called, shall be deemed privileged. No such minister, priest, or rabbi shall disclose any communi cations made to him by any such person professing religious faith er ; seeking spiritual guidance, or seeking counseling, nor shall such minister, priest, or rabbi be competent or compellable to testify with reference to any such communication in any court."
Section 3. Said article is further amended by striking in its entirety Code Section 24-9-40, relating to when medical information may be released, and inserting in its place a new Code Section 24-9-40 to read as follows:
"24-9-40. No physician licensed under Chapter 34 of Title 43 and no hospital or health care facility, including those operated by an agency or bureau of the state or other governmental unit, shall be required to release any medical information concerning a patient except to the Department of Human Resources, its divisions, agents, or succes sors when required in the administration of public health programs pursuant to Code Section 31-12-2 and where authorized or required by law, statute, or lawful regulation; or on written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or on appropriate court order or subpoena; provided, however, that any physician^ hospital, or health care facility releasing information under written authorization or other waiver by the patient, or by his or her parents or guardian ad litem in the case of a minor, or pursuant to law, statute, or lawful regulation, or under court order or subpoena shall not be liable to the patient or any other person; provided, further, that the privilege shall be waived to the extent that the patient places his care and treatment or the nature and extent of his injuries at issue in any civil or criminal proceeding. This Code section shall not apply

FRIDAY, MARCH 7, 1986

2531

to psychiatrists or to hospitals in which the patient is being or has been treated solely for mental illness."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Chambless of the 133rd moved that the House agree to the Senate substitute to HB 962.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Y Bailey Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield Benn Birdsong Bishop Y Bolster Y Bostick Branch YBray Y Brooks Y Brown,G Buck Y Burruss Byrd Carter Y Chambless Y Chance Y Cheeks
Y Childers

Childs N Clark.B Y Clark.L Y Colbert
Coleman Y Colwell Y Connell Y Cooper
Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings
Daugherty Y Davis
YDean Y Dixon Y Dobbs
Dover
Y Dunn Y Edwards Y Felton
Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Greene
Greer Groover Hamilton Manner Y Harris Y Hasty Y Hays

Y Heard YHill Y Holcomb Y Holmes Y Hooks
Home
Y Hudson Y Isakson Y Jackson,J Y Jackson.N
Y Jamieson Y John8on,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 Lucas Lupton Maddox
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
Milam 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
Phillips Pinks ton
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

Shepard Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith,P Y Smith.T YSmyre YSnow Y Stancil Steinberg Y Thomas.C Thomas.M Y Thompson Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C
Y Walker.L Y Wall
Ware
Watson Y Watts
White Y Wilder Y William8,B Y WiUiams,J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin
Young Murphy.Spkr

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 267. By Senators Howard of the 42nd, Fincher of the 54th, and Kidd of the 25th:
A bill to amend Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of pharmacists, so as to provide for license expiration and renewal and to require pharmacists to obtain continuing pharmaceutical education as a condition for renewing their pharmacist license; to provide for approved correspondence courses.

Representative Cooper of the 20th moved that the House adhere to its position in substituting SB 267 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.

2532

JOURNAL OF THE HOUSE,

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Cooper of the 20th, Parham of the 105th and Twiggs of the 4th.

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

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 following Senate substitute was read:

A BILL
To amend Chapter 5 of Title 31 of the Official Code of Georgia Annotated, relating to administration and enforcement by the Department of Human Resources and county boards of health, so as to provide that appeals to the department shall be heard by it after not less than 20 days' notice delivered by certified mail is given to all parties and their counsel of record, at such times and places as are set forth in such notice; to change the provisions 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 conducted without a jury and shall be confined to the record; to provide for the standard and procedure for review of agency decisions; to provide standards for receiving a stay of the enforcement of any such final order pending appeal; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 31 of the Official Code of Georgia Annotated, relating to administration and enforcement by the Department of Human Resources and county boards of health, is amended by striking subsection (a) of Code Section 31-5-3, relating to appeals, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) Any person who is a party to a proceeding and who is aggrieved or adversely affected by any final order or action of a county board of health or agency of the department may have review thereof by appeal to the department. Any person who is a party to a proceeding and who is aggrieved or adversely affected by any final order or action of the department may have review thereof by appeal to the superior court in the county in which the action arose or to the Superior Court of Fulton County.
(2) Appeals to the department shall be heard by it at saeh time, after not less than ten 20 days' notice delivered by certified mail is given to all parties and their counsel of record, at such times and places as are set forth in such notice; as may be pre scribed by its rates; provided, however, if such appeal is not heard and determined within a period of 90 days, the decision shall stand reversed unless all parties consent to an extension of time. Review on appeal to the department shall be confined to the record transmitted from below and the questions raised in the appeal. Orders, rules, regulations, or other decisions of county boards of health or other agencies of the

FRIDAY, MARCH 7, 1986

2533

department shall not be set aside on appeal to the department unless contrary to law or rules and regulations of the department, or unsupported by substantial evidence on the record as a whole, or unreasonable.
(3) Appeal to the superior court shall be by petition which shall be filed in the clerk's office of such court within 30 days after the final order or action of the depart ment; the petition shall set forth the names of the parties taking the appeal, the order, rule, regulation, or decision appealed from, and the reason it is claimed to be errone ous. The enforcement of the order or action appealed from shall not be stayed until and unless so ordered and directed by the reviewing court. A reviewing court may order a stay only if the court makes a finding that the public health, safety, and wel fare will not be harmed by the issuance of the stay. Upon the filing of such petition, the petitioner shall serve on the commissioner a copy thereof in a manner prescribed by law for the service of process, unless such service of process is waived. The judge shall hear the proceeding de novo and thereupon determine aH matters ef- law and fact witn or witnout a jury, tft tnc discretion of tne appealing party, and render lus dcci" sion approving, setting aside, or modifying tne order or action appealed irom. i ne review shall be conducted by the court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the department, not shown in the record, proof thereon may be taken in the court. The court, upon request, shall hear oral argument and receive written briefs. The court shall not sub stitute its judgment for that of the department as to the weight of the evidence on questions of fact. The court may affirm the decision of the department or remand the case for further proceedings. The court may reverse or modify the decision if substan tial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
(1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the department; (3) Made upon unlawful procedure; (4) Affected by other error of law; (5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwar ranted exercise of discretion."
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 Thomas of the 69th moved that the House agree to the Senate substi tute to HB 1315.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Adams,G Y Adams.M Y Aiken Y Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins
Y Auten
Y Bailey Balkcom
Y Bannister Y Bargeron Y Barnett,B Y Barnett.M Y Beck Y Benefleld

Benn
Birdsong Bishop Bolster Y Bostick Y Branch Y Bray Y Brooks Y Brown.G Buck
Y Burruss
Byrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs
Clark.B

Y Clark.L
Y Colbert Coleman
Y Colwell Y Connell
Cooper Y Copelan Y Couch
Cox Y Crawford
Y Crosby
Y Cummings Daugherty
Y Davis Y Dean Y Dixon 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
Y Hamilton
Hanner Y Harris Y Hasty Y Hays Y Heard Y Hill Y Holcomb Y Holmes

Y Hooks
Home Y Hudson Y Isakson Y Jackson.J
Jackson.N Y Jamieson Y Johnson.D Y Johnson.F Y Johnson.R
Y Johnson,S
Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee.C

2534

JOURNAL OF THE HOUSE,

YLee,W Y Linder YLogan YLong YLord
Lucas
YLupton YMaddox YMangum
YMartin,C Y MartuvJ Y Matthews
McDonald YMcKelvey
McKinney
Y Milam YMilford

Y Moody Moore
Y Morton YMostiler YMoultrie YMueller
YOliver.C Y Padgett Y Pannell
Y Parham YParrish
Patten
Y Peters Y Pettit
Phillips
Pinkston Y Porter

Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom Y Ray
Reaves Y Redding Y Richardson
Y Robin8on,C Y Robinson,P Y Ross
Y Royal Y Russell Y Selman
Shepard Y Sherrod

On the motion, the ayes were 147, nays 0. The motion prevailed.

Y Sinkfield Y Sizemore Y Smith,L Y Smith,P
Smith.T Y Smyre
Y Snow Y Stancil
Steinberg
Y Thomas,C Thomas.M
Y Thompson
Y Townsend Y Triplet! Y Twiggs
Y Waddle Y Waldrep

Y Walker.C X TM, r>L Y Wall
"are Y Watson Y Watts
,, JX1]6 Y Wi der Y Wi iams,B
* Wi iams,J Y Wi hams.R * Wilson
* ,,, , Y Workman Y Yeargm
YounS Murphy,SPkr

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

Mr. Speaker:
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 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.

The President has appointed on the part of the Senate the following: Senators Cobb of the 28th, Kidd of the 25th and English of the 21st.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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.

Representative Childers of the 15th moved that the House adhere to its position in substituting SB 56 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

FRIDAY, MARCH 7, 1986

2535

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Childers of the 15th, Chambless of the 133rd and Richardson of the 52nd.

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 579. By Senators Barnes of the 33rd and Starr of the 44th:
A bill to amend Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia State Financing and Investment Commission Act," so as to provide that the Georgia State Financing and Investment Commission shall be authorized to negotiate the sale of notes and bonds.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Anno tated, known as the "Georgia State Financing and Investment Commission Act," so as to provide that an appropriation of highest annual debt service requirements may provide for use of the appropriation as capital outlay for specified purposes if debt is not incurred; to provide that the Georgia State Financing and Investment Commission shall be author ized to negotiate the sale of notes and bonds; to provide that the commission may invest bond proceeds in government obligations in addition to those government obligations of the United States government and those obligations guaranteed by the United States government; 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 2 of Chapter 17 of Title 50 of the Official Code of Georgia Anno tated, known as the "Georgia State Financing and Investment Commission Act," is amended by striking subsection (a) of Code Section 50-17-23, relating to general obligation and guaranteed revenue debt, and inserting in its place a new subsection(a) to read as fol lows:
"(a) General obligation debt may not be incurred until the General Assembly has enacted legislation stating the purposes, in general or specific terms, for which such issue of debt is to be incurred, specifying the maximum principal amount of the issue, and appropriating an amount at least sufficient to pay the highest annual debt service requirements for the issue. Appropriations made in each fiscal year, as provided in this subsection, for debt service purposes shall not lapse for any reason and shall continue in effect until the debt for which such appropriation was authorized shall have been incurred; but the General Assembly may repeal any such appropriation at any time prior to the incurring of such debt. Following the incurring of debt in any fiscal year for any purpose for which an appropriation has been made, there shall be deposited in the sink ing fund provided for in paragraph (1) of this subsection an amount equal to the highest annual debt service requirements for such debt coming due in any succeeding fiscal year. On or prior to the end of such fiscal year, the commission shall certify to the fiscal offi cer of the state the amount of the appropriation for any purpose which has been trans ferred to the sinking fund and the amount of the anticipated highest annual debt service requirement of debt authorized to be issued in such fiscal year for any purpose by reso lution of the commission but which actually will be incurred in the next succeeding fiscal year. The remaining appropriation for any purpose, after deducting the aggregate amounts described in the preceding sentence, shall lapse, except that any such amount attributable to an appropriation to general obligation debt for the construction and

2536

JOURNAL OF THE HOUSE,

improvement of public roads and bridges shall not lapse but shall be paid to the Depart ment of Transportation. The General Assembly may provide in an appropriation of highest annual debt service requirements that if the commission determines not to incur the debt so authorized, the commission may expend the appropriation as capital outlay for the purposes specified in the appropriation. The appropriation as capital outlay shall lapse at the end of the fiscal year of the appropriation unless committed as provided by law. The appropriation as highest annual debt service shall expire as authorization for debt when the funds are committed as capital outlay but shall otherwise lapse as provided by law.
(1) The General Assembly shall appropriate to a special trust fund designated 'State of Georgia General Obligation Debt Sinking Fund' such amounts as are neces sary to pay annual debt service requirements on all general obligation debt incurred hereunder. The sinking fund shall be used solely for retirement of general obligation debt payable therefrom.
(2) If the General Assembly shall fail to make any appropriation or if for any reason the moneys in the sinking fund are insufficient to make all payments required with respect to such general obligation debt as and when the same becomes due, the director of the Fiscal Division of the Department of Administrative Services shall set apart from the first revenues thereafter received, applicable to the general fund of the state, such amounts as are necessary to cure any such deficiencies and shall immedi ately deposit the same into the sinking fund. The director of the Fiscal Division of the Department of Administrative Services may be required to set aside and apply such revenues as aforesaid at the action of any holder of any general obligation debt incurred under this article. The obligation to make such sinking fund deposits shall be subordinate to the obligation imposed upon the fiscal officers of the state pursuant to the second paragraph of Article IX, Section VII, Paragraph I(a) of the Constitution of Georgia of 1976.
(3) The moneys in the sinking fund shall be as fully invested as practical, consis tent with the requirements to make current principal and interest payments. Any such investments shall be restricted to obligations constituting direct and general obli gations of the United States government or obligations unconditionally guaranteed as to the payment of principal and interest by the United States government, maturing no longer than 12 months from date of purchase.
(4) Appropriations to the sinking fund for debt service requirements attributable to public debt incurred or to be incurred for construction, reconstruction, and improvement of public roads and bridges shall be considered as an appropriation for activities incident to providing and maintaining an adequate system of public roads and bridges in this state for the purpose of Article III, Section IX, Paragraph VI(b) of the Constitution."
Section 2. Said article is further amended by striking paragraph (3) of subsection (b) of Code Section 50-17-25, relating to authorization for the issuance and sale of notes and bonds, and inserting in its place a new paragraph (3) to read as follows:
"(3) An authorizing resolution may authorize the issuance and sale of notes or it may authorize the issuance and sale of bonds at public or private sale in such manner and for such price as the commission may determine to be for the best interests of the state. ift citncr cs9C, suczi t 9flic must oft
Section 3. Said article is further amended by striking subsection (b) of Code Section 50-17-27, relating to the authority of the Georgia State Financing and Investment Commission to invest bond proceeds, and inserting in its place a new subsection (b) to read as follows:
"(b) Proceeds received from the sale of bonds evidencing general obligation debt shall be held in trust by the commission and disbursed promptly by the commission in accordance with the original purpose set forth in the authorization of the General Assembly and in accordance with rules and regulations established by the commission. Bond proceeds and other proceeds held by the commission shall be as fully invested as is practical, consistent with the proper application of such proceeds for the purposes

FRIDAY, MARCH 7, 1986

2537

intended. Investments shall be limited to general obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government, or to obligations issued by the Federal Land Bank, Federal Home Loan Bank, Federal Intermediate Credit Bank, Bank for Cooperatives, and Federal Farm Credit Banks, or to tax exempt obligations issued by any state, county, municipal cor poration, district, or political subdivision, or civil division or public instrumentality of any such government or unit of such government, and no others. Income earned on any such investments or otherwise earned by the commission shall be retained by the commission and used to purchase and retire any public debt or any bonds or obligations issued by any public agency, public corporation, or authority which are secured by a contract to which the second paragraph of Article IX, Section VI, Paragraph I(a) of the Constitution of Georgia of 1976 is applicable and may be used to pay operating expenses of the commission."
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:

Aaron Adams.G Y Adams.M Y Aiken Y Alford Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield
Benn Birdsong Bishop Y Bolster Y Bostick
Y Branch Bray Brooks
Y Brown.G Buck Burruss Byrd
Y Carter Chambless
Y Chance Y Cheeks
Y Childers

Y Childs Y Clark,B Y Clark,L
Y Colbert Coleman
Y Colwell Connell Cooper
Y Copelan Y Couch YCox Y Crawford Y Crosby Y Cummings
Daugherty N Davis YDean
Y Dixon Y Dobbs
Y Dover YDunn Y Edwards
Felton Y Floyd Y Foster Y Galer
Godbee Y Goodwin
Y Greene Y Greer
Y 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
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 N Lawrence Y Lawson Y Lee.C Y Lee.W Y 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 N Morton Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Padgett Y Pannell
Y Parham Parrish
Patten Peters Y Pettit Phillips Pinkston Y Porter
Rainey Y Ramsey.T
Ramsey.V Y Randall
Y Ransom YRay
Reaves Y Redding Y Richardson Y Robinson.C Y Robinson,? YRoss Y Royal Y Russell Y Selman

Shepard Y Sherrod
Sinkfield Y Sizemore Y Smith.L Y Smith,?
Smith.T YSmyre YSnow Y Stancil
Steinberg Y Thomas,C Y Thomas.M
Thompson Townsend Y Triplet!
YTwiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder N Williams.B
Y Williams,J Williams.R
Y Wilson Y Wood
Workman Y Yeargin
Young Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 127, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

2538

JOURNAL OF THE HOUSE,

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

Mr. Speaker:
The Senate adheres to its disagreement to the House amendment and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 400. By Senators Garner of the 30th, Harrison of the 37th and Tolleson of the 32nd:
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 for findings and a declaration of policy relative to emergency medical services systems; to provide for definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in this chapter.

The President has appointed on the part of the Senate the following: Senators Harrison of the 37th, Tolleson of the 32nd and Garner of the 30th.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate and was taken up for consideration and read the third time:

SB 580. By Senators Barnes of the 33rd and Starr of the 44th:
A bill to amend Code Section 8-3-176 of the Official Code of Georgia Anno tated, relating to powers of the Georgia Residential Finance Authority, so as to provide for the repeal of certain provisions relating to the "state ceiling" on single-family residential housing bonds imposed by and defined in subsec tion (g) of Code Section 8-3-176, the "Mortgage Subsidy Bond Tax Act of 1980," upon the occurrence of certain events.

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 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
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
Clark.L Y Colbert
Y Coleman Y Colwell
Connell Y Cooper Y Copelan Y Couch YCoi Y Crawford

Crosby Y Cummings
Daugherty Y Davis
Dean Y Dixon Y Dobbs Y Dover YDunn
Y Edwards Y Felton Y Floyd Y Foster
Galer YGodbee YGoodwin Y Greene
Greer Y Groover Y Hamilton
Manner Y Harris Y Hasty
Hays

Y Heard YHill Y Holcomb Y Holmes Y Hooks
Home Y Hudson Y Isakson Y Jackson,J
Jackson.N Y Jamieson Y Johnson,D
Y Johnson,F Y Johnson,R
Johnson,S Y Kilgore Y Kingston YLane.D YLane,R Y Lawler
Y Lawrence Y Lawson YLee.C YLee.W

Y Linder Y Logan YLong YLord
Lucas Lupton Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews McDonald
Y McKelvey McKinney
YMilam Milford
Y Moody Moore
Y Morion
Mostiler Moultrie Y Mueller Y Oliver.C Y Padgett

FRIDAY, MARCH 7, 1986

2539

YPannell Y Parham
Parrish Patten Y Peters
YPettit Phillips Pinkston
Y Porter Y Rainey
Y Ramsey.T YRamsey.V

Y Randall Y Ransom
Ray Reaves Redding
Y Richardson Y Robinson.C Y Robinson,? Y Ross Y Royal
Y Russell Y Selman

Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L
Y Smith,P Y Smith.T Y Smyre
Snow Y Stancil
Steinberg Y Thomas.C

N Thomas,M Y Thompson
Townsend Y Triplett Y Twiggs
Y Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall
Ware Y Watson

Y Watte 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 138, nays 1. The Bill, having received the requisite constitutional majority, was passed.

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

SB 465. By Senators Howard of the 42nd, Starr of the 44th, Trulock of the 10th and others:
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 change certain provisions relating to the establishment and desig nation of community work experience programs; to change the scope of such programs and require registration and participation therein under certain conditions.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 465

The Committee of Conference on SB 465 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 465 be adopted.

Respectfully submitted,

FOR THE SENATE:
M Terrell A. Starr Senator, 44th District
/s/ Floyd Hudgins Senator, 15th District

FOR THE HOUSE OF REPRESENTATIVES:
... /s/ <Loe Mack Wllso" . _. . t
Representative, 20th District
/,,/ William J. Dover Representative, llth District

/s/ Pierre Howard Senator, 42nd District

kl Tyrone Brooks Representative, 34th District

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

2540

JOURNAL OF THE HOUSE,

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 of the program; to provide for state-wide or partial implementation of the program; to pro vide for reports regarding the program; to provide for the continuation of certain com munity work experience programs; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 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. This employment services program shall be known as the Positive Employment and Community Help (PEACH) Program. The program shall include such educational programs, vocational skills programs, work experience programs, 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:

FRIDAY, MARCH 7, 1986

2541

(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
(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 submit a report by January 1, 1987, by September 1, 1987, and by September 1 of each year thereafter. That report shall be submitted to the Speaker of the House of Representatives, the members of the House Ways and Means Committee, the Lieutenant Governor, and the members of the Senate Human Resources Committee. This report shall include but not be limited to the following information regarding the program required by this Code section and based on the previous fiscal year:
(1) The expenses of administering the program, detailing such expenses as child care, transportation, meals, personnel, tuition grants, and employer liability costs;
(2) The number of recipients who registered for the program;
(3) The number of recipients who participated in the program;
(4) The number of participants in the program who left the Aid to Families with Dependent Children rolls, the reason for leaving, and how many former participants in the program have returned to the Aid to Families with Dependent Children rolls within 12 months and within 24 months after leaving those rolls;

2542

JOURNAL OF THE HOUSE,

(5) The cost per participant under the program; and (6) The projected savings of the program. (i) Any community work experience program established and existing under Code Section 49-4-47.1 on June 30, 1986, may continue after that date as a PEACH Program pursuant to this Code section notwithstanding the repeal of Code Section 49-4-47.1."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Dover of the llth moved that the House adopt the report of the Committee of Conference on SB 465.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams,M Y Aiken
Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Y Bailey
Balkcom Y Bannister Y Bargeron Y Harriett,B Y Bamett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop
Y Bolster Y Bostick Y Branch
Bray Y Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter
Chamblesg Y Chance Y Cheeks Y Childere

Y Childs Y Clark.B
Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Copelan
Couch YCox Y Crawford Y Crosby
Y Cummings Daugherty
Y Davis
YDean Y Dixon Y Dobbs
Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer
God bee YGoodwin Y Greene YGreer Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays

Y Heard Y Hill Y Holcomb Y Holmes Y Hooks
Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson,F Y Johnson,R
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
Lucas Y Lupton
Maddox Y Mangum
Y Martin.C Y Martin,J Y Matthews
McDonald

On the motion, the ayes were 147, nays 0. The motion prevailed.

Y McKelvey McKinney
Y Milam Milford
Y Moody Y Moore Y Morton
Mostiler
Y Moultrie Y Mueller
Oliver.C Y Padgett Y Pannell Y Parham
Parrish Patten Y Peters Y 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
Selman

Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith.P Y Smith,T
Y Smyre YSnow Y Stancil
Y Steinberg Y Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs
Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall
Ware Watson Y Watts
White Y Wilder Y Williams.B Y WilliamsJ
Williams.R Y Wilson Y Wood
Workman
Y Yeargin Young Murphy ,Spkr

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

HB 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.

The following Senate substitute was read:

FRIDAY, MARCH 7, 1986

2543

A BILL
To amend Title 35 of the Official Code of Georgia Annotated, relating to law enforce ment officers and agencies, 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; to change the provisions relating to the payment of a clothing allowance to members of the Uniform Division assigned permanently to personal security or special duty assignments, including those assigned to the Georgia Peace Officer Standards and Training Council; to provide for payment of a clothing allowance to agents of the Georgia Bureau of Investigation; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking in its entirety subsection (c) of Code Section 35-2-36, relating to the composition of the battalion of the Uniform Division of the Department of Public Safety, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Within the limits set by available appropriations, the commissioner, with the approval of the board, is authorized to employ such recruits or cadets^ as may be deemed necessary, who may become members of the Uniform Division but who shall not be members of the Uniform Division so long as they remain recruits or cadets] provided, however, that such recruits or cadets are designated as 'peace officers' as such term is defined in paragraph (11) of Code Section 16-1-3 and shall have the authority of a peace officer."
Section 2. Said title is further amended by striking Code Section 35-2-52 in its entirety and inserting in lieu thereof a new Code Section 35-2-52 to read as follows:
"35-2-52. The commissioner may, at his discretion and subject to available funds, shall be authorized to pay to members of the Uniform Division a clothing allowance when the members are permanently assigned to personal security or special duty assignmentSj including those assigned to the Georgia Peace Officer Standards and Training Council, which necessitate those members wearing clothing other than the uniform of the Uniform Division^ provided that sack clothing allowance shall nt exceed $480.00 per yea* per meat. The commissioner, subject to the approval of the Board of Public Safety, shall establish the amount of clothing allowance to be paid each year."
Section 3. Said title is further amended by striking Code Section 35-3-12 in its entirety and inserting in lieu thereof a new Code Section 35-3-12 to read as follows:
"35-3-12. (a) The bureau is authorized to pay all medical, surgical, hospital, nurs ing, and other similar expenses incurred by any member of the bureau as a result of injuries received in the line of duty. The bureau is authorized to make such payments in addition to any award made by the State Board of Workers' Compensation based on such injuries. Such payments shall be made only upon proper presentation of bills to the bureau. The bureau and the injured party shall together ascertain the correctness of all bills presented. No payments shall be made without the approval of the bureau.
(b) The director of investigation, at his discretion and subject to available funds, shall be authorized to pay to agents of the bureau a clothing allowance in an amount equal to the clothing allowance provided for certain members of the Uniform Division of the Georgia State Patrol as provided in Code Section 35-2-52."
Section 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 following amendment was read and adopted:

Representative Coleman of the 118th moves to amend the Senate substitute to HB 1843 by striking from line 8 through line 11 of page 1 the following:

2544

JOURNAL OF THE HOUSE,

", including those assigned to the Georgia Peace Officer Standards and Training Council; to provide for payment of a clothing allowance to agents of the Georgia Bureau of Investigation".
By striking from line 13 through line 15 of page 2 the following:
"j including those assigned to the Georgia Peace Officer Standards and Training Council,".
By striking line 22 through line 32 of page 2 and by striking line 1 through line 12 of page 3.
By redesignating Sections 4 and 5 as Sections 3 and 4, respectively.

Representative Coleman of the 118th moved that the House agree to the Senate sub stitute, as amended by the House, to HB 1843.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams,0
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
Benn Y Birdsong
Bishop Bolster Y Bostick Y Branch
Bray Y Brooks Y 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 Y Connell Y Cooper Y Copelan
Couch YCox Y Crawford Y Crosby Y Cummings
Daughterly Y Davis YDean Y Dixon Y Dobbs
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 Manner Y Harris
Y Hasty Y Hays

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 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 YLong YLord
Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews
McDonald

On the motion, the ayes were 141, nays 0. The motion prevailed.

Y McKelvey McKinney
Y Milam Milford
Y Moody Moore
Y Morton Y Mostiler Y Moultrie Y Mueller
Oliver.C Y Padgett Y Pannell Y Parham
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 Y Robinson,C Y Robinson.P YRoss Y Royal Y Russell Y Selman

Shepard Y Sherrod
Sinkfield Y Sizemore Y Smith.L Y Smith,?
Smith.T Y Smyre YSnow Y Stancil
Steinberg Y Thomas.C Y Thomas.M Y Thompson Y 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 Williams.R Y Wilson Y Wood Workman Y Yeargin Young Murphy.Spkr

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 400. By Senators Garner of the 30th, Harrison of the 37th and Tolleson of the 32nd:
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 for findings

FRIDAY, MARCH 7, 1986

2545

and a declaration of policy relative to emergency medical services systems; to provide for definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in this chapter.

Representative Thomas of the 69th moved that the House adhere to its position in amending SB 400 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 Cox of the 141st, Lord of the 107th and Pettit of the 19th.

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

HR 666. By Representative Lupton of the 25th: A resolution compensating Mr. Paul Webb, d.b.a. Kwik Kopy #206.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HR 666

The Committee of Conference on HR 666 recommends that the House of Representa tives recede from its position and that HR 666, as amended by the Senate, be adopted.

FOR THE SENATE: M Loyce W. Turner
Senator, 8th District
M Nathan Dean Senator, 31st District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ John M- LuPton Representative, 25th District
/g/ william j Dover Representative, llth District

/s/ Lawrence Stumbaugh Senator, 55th District

/s/ Kiliaen V. R. Townsend Representative, 24th District

The Senate Committee on Appropriations offers the following amendment:

Amend HR 666 by striking on Page 1, line 20, the figure "$4,343.49" and inserting in lieu thereof the following:
"$2,171.75".

Representative Lupton of the 25th moved that the House adopt the report of the Committee of Conference on HR 666.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
YAdams.M

Y Aiken Alford
Y Alien

Y Anderson Y Argo Y Athon

Y Atkins Y Auten Y Bailey

Y Balkcom Y Bannister Y Bargeron

2546

JOURNAL OF THE HOUSE,

Y Barnett,B Y Harriett,M YBeck Y Benefield
Benn Y Birdsong
Bishop Y Bolster Y Bostick
Y Branch YBray Y Brooks Y Brown.G YBuck
Y Burruss YByid 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 YCox Y Crawford

Y Crosby Y Cummings
Daugherty Davis Dean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton
Y Floyd Y Foster
Galer
YGodbee Y Goodwin Y Greene Y Greer Y Groover Y Hamilton
Hanner Y Harris
Y Hasty YHays
Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson
Isakson Y Jackson,,!

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 YLee,C Y Lee.W Y Under Y Logan YLong YLord
Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J Y Matthews Y McDonald Y McKelvey
McKinney Milam Milford
Y Moody Moore

Y Morton Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Padgett Y Pannell
Y Parham Parrish Patten Peters Pettit Phillips
Y Pinkston Y Porter
Y Rainey Y Ramsey.T Y Ramsey.V Y 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 Sinkfleld

Y Sizemore
Y Smith.L Y Smith,P Y Smith.T Y Smyre YSnow
Y Stancil Steinberg
Thomas.C
Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C
Walker.L Y Wall
Ware Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Wiltiams.R Y Wilson Y Wood Y Workman Y Yeargin
Young
Murphy,Spkr

On the motion, the ayes were 144, nays 0. The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Resolutions of the House and Senate were taken up for consideration and read
the third time:

SR 376. By Senators Perry of the 7th, Turner of the 8th, Reddish of the 6th and others:
A resolution urging the Congress of the United States to propose an amend ment to the Constitution of the United States to authorize the public schools to conduct a brief period of voluntary silent prayer, meditation, or contem plation at the opening of each school day.

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 Adams,M
Y Aiken Alford
Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey Y Balkcom

Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield
Benn Birdsong Bishop N Bolster
Y Bostick Y Branch YBray

Brooks 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 Coleman
Y Colwell Y Connell
Y Cooper N 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 N Galer YGodbee Y Goodwin Y Greene

FRIDAY, MARCH 7, 1986

2547

Y Greer Y Groover Y Hamilton
Manner Y Harris Y Hasty YHays
Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson ,J Y Jackson.N Y Jamieson Y Johnson,!)
Y Johnson.F Y Johnson.R
Johnson.S Y Kilgore

Y Kingston Y Lane.D Y Lane.R Y Lawler Y Lawrence Y Lawson Y Lee,C Y Lee.W Y Linder Y Logan YLong YLord Y Lucas Y Lupton
Y Maddox Y Mangum Y Martin.C N Martin,J Y Matthews Y McDonald Y McKelvey
McKinney
Milam

Y Milford Y Moody
Moore Y Morion Y Mostiler Y Moultrie
Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham
Parrish
Patten Peters Y Pettit Phillips
Pinkston Y Porter
Y Rainey Y Ramsey.T Y Ramsey.V
Randall
Y Ransom

YRay Reaves
Y Redding N Richardson
Y Robinson.C Y Robinson.P YRoss Y Royal Y Russell Y Selman
Shepard Y Sherrod
Sinkfield Y Sizemore
Smith,L Y Smith.P
Smith.T Y Smyre YSnow Y Stancil
Steinberg Y Thomas.C N Thomas,M

Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle
Y Waldrep N Walker.C
Walker.L Y Wall
Ware
Watson Watts White Y Wilder Y Williams.B Williams,.J Y Williams.R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy.Spkr

On the adoption of the Resolution, the ayes were 135, nays 7. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Copelan of the 106th stated that he inadvertently voted "nay" on the preceding roll call. He wished to vote "aye" thereon.

Representatives Shepard of the 71st and Alford of the 57th stated that they had been called from the floor of the House during the preceding roll call. They wished to vote "aye" thereon.

SR 340. By Senators Bowen of the 13th and Holloway of the 12th:
A resolution urging the National Highway Traffic Safety Administration (NHTSA) to amend its 1987 and 1988 corporate average fuel economy (CAFE) standards for passenger cars to a level of 26.0 miles per gallon (mpg) and to promulgate light truck standards for future model years that likewise reflect an appropriate balance between reasonable energy conservation needs and economic considerations, including jobs in the State of 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:

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 Bamett,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 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

N Davis Dean Dixon
N Dobbs Y Dover
Y Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler
Godbee YGoodwin
Y Greene Y Greer Y Groover N Hamilton

Hanner Y Harris Y Hasty YHays
Heard YHill Y Holcomb Y Holmes Y Hooks Y Home Y Hudson Y Isakson Y Jackson,J Y Jackson.N Y Jamieson
Johnson,D Y Johnson,F

2548

JOURNAL OF THE HOUSE,

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 Y Lord
Y Lucas Y Lupton YMaddox
Y Mangum

Y Martin.C N Martin,J Y Matthews Y McDonald Y McKelvey
McKinney Milam Y Milford Y Moody Moore N Morton Y Mostiler Y Moultrie YMueller Y Oliver.C
Y Padgett Y Pannell Y Parham
Parrish

Patten Y Peters Y Pettit
Phillips Pinkston Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom Y Ray Reaves Redding Richardson
Y Robinson.C Y Robinson.P Y Ross
Y Royal

Y Russell Y Selman
Shepard Y Sherrod Y Sinkfield Y Sizemore
Smith.L Y Smith.P
Smith.T Y Smyre Y Snow Y Stancil
Steinberg Thomas.C Y Thomas.M
Y Thompson Y Townsend Y Triplett
Twiggs

Y Waddle Y Waldrep Y Walker.C
Walker.L Y Wall
Ware Watson Watts White Y Wilder Williams.B Y Williams^ Y Williams,R Y Wilson Y Wood
Y Workman Y Yeargin
Young
Murphy,Spkr

On the adoption of the Resolution, the ayes were 135, nays 5. The Resolution, having received the requisite constitutional majority, was adopted.

SR 290. By Senators Foster of the 50th, Deal of the 49th, Dean of the 31st and others:

A RESOLUTION
Creating the "No Pass, No Play" Study Committee; and for other purposes.
WHEREAS, the State of Texas recently adopted a law requiring public school stu dents to achieve and maintain a certain academic standard as a condition for participation as a member in team sports activities; and
WHEREAS, this Texas law has received much attention from the news media throughout the country and has led to suggestions in Georgia and many other states that "no pass, no play" laws should be enacted; and
WHEREAS, the General Assembly should carefully consider "no pass, no play" pro posals and the problems these proposals are presumed to address before enacting legis lation on this subject; and
WHEREAS, information on the influence of extracurricular activities other than sports on academic achievement is also needed as a part of the consideration of "no pass, no play" proposals.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the "No Pass, No Play" Study Committee is created to consist of three members of the Senate appointed by the President of the Senate; the Administration Floor Leader of the Senate; three members of the House of Representatives appointed by the Speaker of the House; and the Administration Floor Leader of the House. The Presi dent of the Senate shall name a Senator who serves on the committee as chairperson of 'the Senate membership of the committee and the Speaker of the House shall name a member of the House who serves on the committee as chairperson of the House member ship of the committee. The House and Senate membership of the committee shall meet jointly on the call of the chairpersons. The committee shall make a study of matters relat ing to the influence of organized or team sports and other extracurricular activities on the academic achievement of students at all levels in the public schools of this state. As a part of such study, the committee shall determine the advisability of enacting a state law which requires a student to achieve and maintain certain academic standards in order to partici pate in team sports activities or other extracurricular activities. The committee shall also seek to determine how games for team sports are scheduled and to what extent, if any,

FRIDAY, MARCH 7, 1986

2549

such scheduling adversely affects the academic achievement of students who participate as members in team sports.
BE IT FURTHER RESOLVED that the committee may meet at such times and places within the State of Georgia as it deems necessary for the completion of its study. Any out-of-state travel by House members of the committee shall be approved in advance of such travel by the Speaker of the House. Out-of-state travel by the Senate members of the committee shall be approved in advance of such travel by the President of the Senate. The members of the committee shall receive the expenses and travel allowances provided by law for members of legislative interim committees for attending meetings of the committee, but such expenses and allowances are authorized for a maximum of 15 meeting days. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated or available to the legislative branch of government.
BE IT FURTHER RESOLVED that the committee shall make a report of its findings and recommendations to the Governor and to the General Assembly by not later than December 1, 1986, on which date the committee shall stand abolished.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Aaron Adams.G
Y Adams.M Y Aiken
Alford Y Alien Y Anderson YArgo Y Athon Y Atkins Y Auten Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Brooks Brown.G
YBuck Y Burruss YByrd Y Carter
Chambless Y Chance Y Cheeks Y Childers

Childs Y Clark.B Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper
Copelan Y Couch YCox
Crawford
Y Crosby Y Cummings
Daugherty Y Davis
Dean Y Dixon Y Dobbs
Dover Y Dunn Y Edwards
Felton Y Floyd Y Foster Y Galer 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
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 Y Logan YLong YLord
Lucas Y Lupton Y Maddox Y Mangum
Martin.C Y Martin,J Y Matthews
Y McDonald

N McKelvey McKinney
Y Milam
Y Milford Y Moody
Moore Y Morton Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Padgett
Pannell Y Parham
Parrish Patten Peters Y Pettit Phillips 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 Y Russell Y Selman

Y Shepard Y Sherrod Y Sinkfield Y Sizemore
Smith.L Y Smith.P
Smith.T
Y Smyre YSnow
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 N Wall
Ware
Watson Y Watts
White Y Wilder
Y Williams.B Y Williams,J
Williams,R Y Wilson Y Wood Y Workman Y Yeargin
Young Murphy.Spkr

On the adoption of the Resolution, the ayes were 136, nays 2. The Resolution, having received the requisite constitutional majority, was adopted.

SR 334. By Senators Bond of the 39th, Scott of the 2nd, Trulock of the 10th and others:

2550

JOURNAL OF THE HOUSE,

A RESOLUTION
Creating the Governor's Commission on Black on Black Crime; and for other pur poses.
WHEREAS, the number of crimes committed by black persons against other black persons is substantially higher than any other combination of crimes committed by one ethnic group against another; and
WHEREAS, this pattern of excessive black on black crime has existed in the United States for many years and is continuing at an increasing rate; and
WHEREAS, there should be a systematic study to determine the reasons for the high level of black on black crime to the end that once the reasons are understood, effective measures may be taken or encouraged by the state government to substantially reduce black on black crime.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Criminal Justice Coordinating Council is authorized and directed to gather statistics and other information relative to black on black crime and to prepare a report of its findings for presentation to the Governor's Commission on Black on Black Crime. The director of the Criminal Justice Coordinating Council shall notify the Governor when the report has been published for presentation to the Governor's Commission on Black on Black Crime.
BE IT FURTHER RESOLVED that there is created the Governor's Commission on Black on Black Crime. The commission shall consist of 15 members appointed by the Governor. The Governor shall not appoint the members to such commission until the director of the Criminal Justice Coordinating Council has notified the Governor of the conclusion of the council's work as provided in the preceding paragraph. At least three members of the commission shall be professionals in the fields of criminal justice or social services with a special knowledge of the incidence of black on black crime. The Governor may appoint members of the General Assembly and state officers or employees to such commission. The Governor shall designate the chairperson of the commission, who shall call the organizational meeting of the commission. At the organizational meeting, the commission shall elect from its own membership such officers, in addition to the chairperson designated by the Governor, as the commission deems necessary. The commis sion may designate subcommittees of its membership in carrying out its duties. All mem bers of the commission shall serve without compensation but may be reimbursed for travel and other expenses in carrying out their official duties at the same rate as state officials and employees, except that any legislative members of the commission shall be reimbursed for travel and other expenses from legislative funds at the same rate and in the same man ner as members of the General Assembly who attend meetings of legislative interim committees. Members of the commission who are state officials or employees shall be reim bursed for such expenses from the funds of their respective state departments or agencies. All members of the commission except state officials and employees and members of the General Assembly shall be reimbursed for such expenses from funds appropriated or avail able to the office of the Governor. The commission may meet at such times and places .within the State of Georgia as the commission deems necessary. Any out-of-state travel or meeting of the commission or of any members of the commission must be approved by the Governor prior to such travel.
BE IT FURTHER RESOLVED that it shall be the duty of the commission to make a study of factors relating to the high incidence of black on black crime to determine the reasons therefor. The commission may meet or consult with such persons as may be able to assist the commission in carrying out its duty. With the prior approval of the Governor, the commission may reimburse the travel and other expenses of persons from out-of-state who appear before or meet with the commission to provide information relative to the commission's study.

FRIDAY, MARCH 7, 1986

2551

BE IT FURTHER RESOLVED that the commission shall, upon completion of its study, issue its report thereon to the Governor and to the General Assembly, at which time the commission shall stand abolished. Any vacancy which occurs on the commission prior to the issuance of the commission's report shall be filled by appointment of the Governor. If any legislative member of the commission ceases to be a member of the General Assem bly, a vacancy shall be created on the commission and the Governor shall appoint a suc cessor from the General Assembly.
BE IT FURTHER RESOLVED that the funds necessary to carry out the provisions of this resolution shall come from funds appropriated or available to the office of the Governor, except as otherwise provided by this resolution.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Aaron Adams.O Y Adams.M Y Aiken Y Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins YAuten Y Bailey Balkcom Y Bannister
Y Bargeron Y Barnett,B
Y Barnett.M YBeck Y Benefield
Benn Birdsong Y Bishop Y Bolster Y Bostick Y Branch Bray Brooks Y Brown.G YBuck Burruss YByrd Y Carter 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
Crosby Y Cummings
Daugherty Davis
YDean Dixon
YDobbs Y Dover YDunn
Edwards Y Felton Y Floyd Y Foster Y Galer
God bee Y Goodwin Y Greene YGreer
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
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 YLord
Lucas Y Lupton Y Maddox Y Mangum
Martin.C Y Martin,J Y Matthews Y McDonald

Y McKelvey McKinney
YMilam Y Milford
Y Moody Moore
YMorton Y Mostiler Y Moultrie Y Mueller
Y Oliver.C Y Padgett Y Pannell
YParham 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 Y Robinson,C Y Robinson.P
Rosa
Y Royal Y Russell Y Selman

Y Shepard Y Sherrod Y Sinkfield
Y Sizemore Smith.L
Y Smith,P Smith.T
YSmyre YSnow Y Stancil
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
Ware Watson Y Watts
White Y Wilder Y Williams.B
Y William8,J Williams.R
Y Wilson Y Wood Y 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.

HR 852. By Representative Pannell of the 122nd:

A RESOLUTION
Creating the Economic Development Through Historic Preservation Study Committee; and for other purposes.
WHEREAS, historic preservation projects are producing construction investment in existing facilities in equal amount to new construction; and

2552

JOURNAL OF THE HOUSE,

WHEREAS, labor-intensive rehabilitation projects produce more jobs in Georgia per dollar than new construction; and
WHEREAS, historic preservation projects produce an as yet undetermined quantity of revenue to state and local governments through state income, sales, and ad valorem taxes, without requiring new infrastructure costs; and
WHEREAS, the historic sites are among the chief attractions which bring tourists to this state, thus helping to make tourism Georgia's second largest industry; and
WHEREAS, historic preservation is providing the means for the revitalization of cen tral business districts across the state through rehabilitation investment tax credits, the Main Street Project, and other efforts; and
WHEREAS, historic preservation is resulting in the rehabilitation of older, formerly deteriorated, neighborhood areas throughout Georgia; and
WHEREAS, the economic impact of historic preservation has grown enormously in recent years but has never been measured.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the Economic Development Through Historic Preservation Study Committee to be composed of six members, five of whom shall be appointed from the House of Representatives by the Speaker thereof, who shall also appoint the chairman from among those five members. The Governor is authorized and requested to appoint the sixth member of the committee, and in the absence of such appointment by July 1, 1986, the committee shall consist of only the five members of the House appointed thereto. The chairman of the committee may appoint an advisory council composed of no more than five members of the public to assist the committee in its investigations, which public mem bers may be architects, bankers, professional preservationists, developers, or any other per sons whom the chairman determines might be of assistance to the committee in its investigations, but members of the advisory council shall receive no compensation or expense allowance for their service on the council. The historic preservation section of the Department of Natural Resources shall be authorized to assist the committee in its investi gations.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the economic impact of historic preservation and any other issues related thereto and recom mend necessary steps needed to be undertaken to increase the positive economic impact of historic preservation in this state. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and pur poses of this resolution. The committee is further authorized to meet jointly with any committee established by the Senate for the purpose of studying the economic impact of historic preservation and is also authorized to issue its report as a joint report with that committee. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of govern ment. The committee shall make a report of its findings and recommendations, with sug gestions for proposed legislation, if any, no later than December 15, 1986, at which time the committee shall stand abolished.

The following amendment was read and adopted:

The Committee on Rules moves to amend HR 852 by striking from line 12 of page 3 the following:

FRIDAY, MARCH 7, 1986

2553

and inserting in lieu thereof the following: "five".

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

Aaron Adams.G
Y Adams.M Y Aiken Y Alford Y Alien Y Anderson Y Argo Y Athon Y Atkins Y Auten Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M
YBeck Y Benefield
Benn Birdsong Bishop Y Bolster
Y Bostick Y Branch YBray
Brooks Y Brown,G YBuck Y Burruss YByrd Y Carter
Chambless
Y Chance Y Cheeks Y Childers

Childs Y Clark.B
Clark,L Y Colbert
Coleman Y Colwell Y Connell
Y Cooper Copelan
Y Couch YCox Y Crawford Y Crosby Y Cummings
Daugherty Y Davis
Dean Y Diion YDobbs Y Dover YDunn Y Edwards Y Felton Y Floyd
Y Foster Y Galer Y 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 Home
Y Hudson Isakson
Y Jackson,J Y Jackson.N
Jamieson Johnson.D Y Johnson.F Y Johnson,R Y Johnson,S Y Kilgore 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
Matthews McDonald

Y McKelvey McKinney
YMilam Y Milford Y Moody
Moore YMorton Y Mostiler Y Moultrie Y Mueller Y Oliver.C
Y Padgett Y Pannell
YParham Parrish Patten
Y Peters Y Pettit
Phillips Y 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 Y Russell Y Selman

Y Shepard Y Sherrod Y Sinkfield Y Sizemore
Smith.L Y Smith.P
Smith,T YSmyre YSnow Y Stancil
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 Ware Watson Y Watts White
Y Wilder Y Williams,B Y WiUiams,J Y Williams.R Y Wilson Y Wood
Workman Y Yeargin
Young MurphytSpkr

On the adoption of the Resolution, as amended, the ayes were 141, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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

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 report of the Committee of Conference was read:

2554

JOURNAL OF THE HOUSE,

COMMITTEE OF CONFERENCE REPORT ON HB 1433

The Committee of Conference on HB 1433 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1433 be adopted.

Respectfully submitted,

FOR THE SENATE: M Kyle T. Cobb
Senator, 28th District
M Rooney L. Bowen Senator, 13th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ "ed Alken Representative, 21st District
/s/ Rudolph Johnson Representative, 72nd District

1st Riley Reddish Senator, 6th District

/s/ J. C. Maddox Representative, 7th District

A BILL
To amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Anno tated, relating to the offense of criminal trespass and related offenses, so as to provide an exception to the offense of criminal trespass for law enforcement officers in the perfor mance of official duties; 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 mer chant or merchants for the use of customers commits the offense of criminal trespass by motor vehicle; to provide for punishment; to provide for municipal ordinances; 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 2 of Chapter 7 of Title 16 of the Official Code of Georgia Anno tated, relating to the offense of criminal trespass and related offenses, is amended by strik ing Code Section 16-7-21, relating to criminal trespass and damage to property, in its entirety and inserting a new Code Section 16-7-21 to read as follows:
"16-7-21. (a) A person commits the offense of criminal trespass when he intention ally damages any property of another without his consent and the damage thereto is $500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person without his consent.
(b) A person commits the offense of criminal trespass when he knowingly and with out authority:
(1) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose;
(2) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or
(3) Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart. (c) The provisions of paragraphs (2) and (3) of subsection (b) of this Code section shall not apply to any law enforcement officer in the official performance of his duties who enters upon the land or premises of another person in connection with any public gathering being held on such land or premises. {} (d) A person who commits the offense of criminal trespass shall be guilty of a misdemeanor."

FRIDAY, MARCH 7, 1986

2555

Section 2. Said article is further amended by adding at the end of Part 1 thereof, relating to general provisions applicable to criminal trespass, a new Code Section 16-7-29 to read as follows:
"16-7-29. (a) A person commits the offense of criminal trespass by motor vehicle when the person, after having been requested by the owner or a law enforcement officer not to do so, parks or stands an occupied or unoccupied motor vehicle in, or repeatedly drives a motor vehicle through or within, a parking area which is located on privately owned property and is provided by a merchant or group of merchants for customers if:
(1) The parking area is identified by at least one conspicuous sign at each entrance which contains the following information in easy to read printing:
(A) Notice of the elements of the crime of criminal trespass by motor vehicle; (B) Identification of the property which is reserved for customers' use only; (C) Identification of the merchant or merchants providing the parking area; and (D) Warning that violators will be prosecuted; and (2) The motor vehicle is parked, is standing, or is being operated other than for the purpose of: (A) Transporting some person to or from the interior of the place of business of a merchant identified by the sign or signs in the parking area; (B) Making use of a telephone, vending machine, or other similar facility located in the parking area; (C) Meeting the requirements of a situation in which it has unexpectedly become impossible or impractical for the motor vehicle to continue to travel on the public roads; or (D) Carrying out an activity for which express permission has been given by the owner of the parking area or an authorized representative of the owner. (b) A person who commits the offense of criminal trespass by motor vehicle shall be guilty of a misdemeanor and shall be punished by a fine: (1) Not to exceed $50.00 for the first such offense; (2) Not to exceed $100.00 for the second such offense; and (3) Not to exceed $150.00 for the third or subsequent such offense. (c) The governing authority of any municipal corporation by ordinance may adopt by reference the provisions of subsection (a) of this Code section without publishing or posting in full the provisions thereof. Any person violating any such ordinance shall be subject to a monetary fine: (1) Not to exceed $50.00 for the first such violation; (2) Not to exceed $100.00 for the second such violation; and (3) Not to exceed $150.00 for the third or subsequent such violation."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Aiken of the 21st moved that the House adopt the report of the Committee of Conference on HB 1433.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron Adams,G
Y Adams M Y Aiken NAlford
N Alien NAnderson NArgo
NAthon Y Atkins YAuten NBailev
NBibL. Y Bannister
NBa?geon YBarnett,B YBarnettM

Y Beck N Benefield Y Benn N Birdsong N Bishop
Bolster N Bostick N Branch
Bray Brooks Y Brown.G N Buck
YBurruss N Byrd
N Carter Chambless
N Chance

Y Cheeks N Childers
Childs N Clark.B
Clark,L
Y Colbert Coleman Colwell
Y Connell Cooper
N Copelan Y Couch
N Co* N Crawford
Crosby Cummings Daugherty

N Davis Y Dean
D,*on Dobbs N Dover
N Dunn Y Edwards N Felton
N Floyd N Foster N Galer N Godbee
Y Goodwin N Greene
N Greer N Groover N Hamilton

Manner N Hams Y Hasty N Hays N Heard N Hill
Y Isakson 2 ^"{""i N Jackson.N N Jamieson N JohnsTM,D Y Johnson.F

2556

JOURNAL OF THE HOUSE,

YJohnson.R N Johnson.S
Kilgore N Kingston N Lane.D N Lane.R N Lawler N Lawrence NLawson
N Lee.C YLee.W
Linder N Logan NLong
Lord
N Lucas Lupton Maddox
N Mangum

N Martin.C N MartinJ N Matthews N McDonald N McKelvey
McKinney N Milam N Milford Y Moody
Moore N Morton Y Mostiler Y Moultrie YMueller N Oliver.C
Y Padgett N Pannell Y Parham
Parrish

Patten Y Peters Y Pettit
Phillips Pinkston N Porter Rainey N Ramsey.T N Ramsey.V
N Randall Y Ransom N Ray N Reaves N Redding
Richardson
Y Robinson.C Y Robinson.P N Ross N Royal

Y Russell Selman
Y Shepard N Sherrod N Sinkfleld N Sizemore N Smith.L N Smith,P N Smith,T
N Smyre Snow
N Stancil Steinberg
N Thomas.C Y Thomas,M
Thompson N Townsend N Triplet!
Twiggs

N Waddle N Waldrep Y Walker.C N Walker.L N Wall
Ware N Watson N Watts
White
Y Wilder Y Williams,B Y Williams,J
Williams.R N Wilson N Wood
N Workman N Yeargin N Young
Murphy,Spkr

On the motion, the ayes were 41, nays 100.
The motion was lost and the report of the Committee of Conference on HB 1433 was rejected.

Representative Aiken of the 21st moved that the first Committee of Conference on HB 1433 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 Aiken of the 21st, Maddox of the 7th and Johnson of the 72nd.

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 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.

The Senate has adopted by the requisite constitutional majority the following Resolu tion of the House:

HR 1001. By Representative Murphy of the 18th: A resolution relative to adjournment.

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

FRIDAY, MARCH 7, 1986

2557

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.

The following Senate substitute was read:

A BILL
To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide that notices affecting drivers' licenses given by certi fied or regular mail shall constitute legal notice; to provide for keeping certain records; to provide for the use of such records in evidence; to provide that the department shall require any person applying for renewal of a Georgia driver's license to take and pass suc cessfully certain examinations; to amend Code Section 33-34-10 of the Official Code of Georgia Annotated, relating to motor vehicle insurance requirements, generally, so as to provide that notice by ordinary mail to the person's address as it is on file shall constitute legal notice; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by striking Code Section 40-5-6, relating to giving notice affecting driver's license by mail, which reads as follows:
"40-5-6. Where any provision of this chapter requires the department by certified or ordinary mail to give written notice to a person affecting such person's driver's license, the mailing of such notice to the name and address shown by department records at the time of mailing shall be presumptive evidence that such person received the required notice.", and inserting in lieu thereof a new Code Section 40-5-6 to read as follows:
"40-5-6. (a) Where any provision of this Code requires the department by certified mail or by ordinary mail to give notice to a person affecting such person's driver's license, the mailing of such notice to the name and address shown by the department records at the time of mailing shall constitute legal notice to such person unless returned to the department.
(b) If the notice is given by certified mail, the department shall maintain a copy of the receipt and such receipt shall be made a part of the individual's record. If the notice is given by regular mail, the individual in the department who gives such notice shall, at the time of mailing, by affidavit certify the name and address to which the notice was sent and such affidavit shall be made a part of the individual's driving record.
(c) In any judicial, quasi-judicial, or administrative proceeding, the receipt or affida vit provided for in subsection (b) of this Code section shall be admissible in evidence to show that legal notice was given."
Section 2. Said chapter is further amended by striking subsection (b) of Code Section 40-5-32, relating to expiration and renewal of drivers' licenses and reexaminations in connection therewith, and inserting in lieu thereof a new subsection (b) to read as fol lows:
"(b) The department shall require every person applying for renewal of a Georgia driver's license to take and pass successfully such test of his eyesight as the department shall prescribe^ and may, upon reasonable cause being demonstrated to the authorized license examiner that the applicant's ability to operate safely a motor vehicle may be impaired, require the applicant to take and pass successfully an examination consisting

2558

JOURNAL OF THE HOUSE,

of an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or general class of vehicles for which such person desires a driver's license. At the time of the renewal, the department shall issue a pamphlet containing information pertaining to new traffic laws and to traffic laws most frequently violated. The board may issue such rules and regulations as are neces sary to implement this subsection."
Section 3. Code Section 33-34-10 of the Official Code of Georgia Annotated, relating to motor vehicle insurance requirements, generally, is amended by striking subsection (e) which reads as follows:
"(e) For the purposes of this Code section, where any provision of this Code section requires the Department of Public Safety to give notice to a person affecting such person's motor vehicle operator's license and motor vehicle license tag, the mailing of such notice and the name and address shown on the notice of cancellation supplied by the insurer as required by this Code section shall be presumptive evidence that the person received the required notice.", and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) For the purposes of this Code section, where any provision of this Code section requires the Department of Public Safety to give notice to a person affecting such person's motor vehicle operator's license and motor vehicle license tag, the mailing of such notice by ordinary mail to the last address shown on the person's operator's license record with the department as provided in Code Section 40-5-6 shall constitute legal notice to such person unless returned to the department."
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 following amendment was read and adopted:

Representative Jackson of the 9th moves to amend the Senate substitute to HB 1541 by deleting Section 2 in its entirety, and by deleting on line 6, page 1, starting with the word "to" through the word "examinations;" on line 9.

Representative Jackson of the 9th moved that the House agree to the Senate substi tute, as amended, by the House, to HB 1541.

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 YArgo Y Athon Y Atkins
Y Auten Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett,B
Y Barnett.M
YBeck Y Benefield YBenn
Y Birdsong Y Bishop Y Bolster

Y Bostick Y Branch
Bray Brooks Y Brown,G YBuck Y Burruss YByrd Y Carter Y Chambles! 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 Y Crosby Y Cummings
Daugherty YDavis YDean Y Dixon YDobbs Y Dover Y Dunn
Y Edwards Y Felton Y Floyd Y Foster Y Galer Y God bee 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
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 Lawier

Y Lawrence Y Lawson YLee.C YLee.W Y Linder YLogan
YLong YLord
Lucas Y Lupton
Maddox Y Mangum Y Martin.C Y Martin.J Y Matthews
McDonald Y McKelvey
McKinney YMilam Y Milford
Y Moody Y Moore Y Morton

FRIDAY, MARCH 7, 1986

2559

Y Mostiler YMoultrie YMueller Y Oliver.C Y Padgett Y Pannell
Y Parham Parrish Patten
Y Peters YPettit
Phillips Pinkston

Y Porter Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
Y Ray Y Reaves
Redding Y Richardson YRobinson.C
Y Robinson.P Y 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 Snow 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 Y Wilder Y Williams,B Y Williams,J
Y Williams.R Y Wilson Y Wood
Workman Y Yeargin
Y Young Murphy,Spkr

On the motion, the ayes were 156, nays 0. The motion prevailed.

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

HR 593. By Representative Johnson of the 76th: A resolution compensating Wyman Nail, Jr., and Rhonda Nail.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HR 593

The Committee of Conference on HR 593 recommends that the Senate recede from its position and that the bill as passed by the House of Representatives be adopted.

Respectfully submitted,

FOR THE SENATE:
M Kyle T. Cobb Senator, 28th District
M Nathan Dean Senator, 31st District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ uzi Johnson ,,,, u ^. . Representative, 76th District
/s/ John L Mostiler Representative, 75th District

/s/ Lawrence Stumbaugh Senator, 55th District

/s/ E. M. Childers Representative, 15th District

Representative Johnson of the 76th moved that the House adopt the report of the Committee of Conference on HR 593.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams,G
Y Adams.M Y Aiken
Alford Alien
YAnderson Argo
YAthon
Y Atkins YAuten Y Bailey Y Balkcom Y Bannister

Y Bargeron Y Barnett,B Y Barnett,M Y Beck
YBenefield Y Benn
Y Birdsong Y Bishop Y Bolster
YBostick Y Branch Y Bray
Brooks Y Brown.G

Y Buck Y Burruss Y Byrd Y Carter
Chambless Y Chance
Y Cheeks Y Childers Y Childs
N Clark.B Clark,L
Y Colbert Coleman
Y Colwell

Y Connell Y Cooper Y Copelan Y Couch
Y Cox Y Crawford
Y Crosby Y Cummings
Daugherty
Davis Dean Y Dixon Y Dobbs Y Dover

Dunn Y Edwards Y Felton Y Floyd
Y Foster Y Galer
J G,dbee Y Goodwm Y Greene
Y Greer Y Groover Y Hamilton Y Manner
Harris

2560

JOURNAL OF THE HOUSE,

Y Hasty Y Hays Y Heard
Y Hill Y Holcomb Y Holmes Y Hooks
Home Y Hudson Y Isakson Y Jackson.J Y Jackson.N
Y Jamieson Y Johnson.D Y Johnson.F Y Johnson.R
Y Johnson.S Kilgore
Y Kingston Y Lane.D Y Lane.R Y Lawler

Lawrence Y Lawson Y Lee.C
Y Lee.W Y Linder Y Logan Y Long Y Lord
Lucas Y Lupton Y Maddox Y Mangum
Y Martin.C Y Martin,J
Matthews McDonald
Y McKelvey McKinney
Y Milam Y Milford Y Moody
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 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 Smith,P Smith.T Smyre
Y Snow Y Stancil
Steinberg Y Thomas.C Y Thomas.M Y Thompson

On the motion, the ayes were 145, nays 1. The motion prevailed.

Y Townsend Y Triplet! Y 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
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 substitute, by the requisite constitutional majority the following Bill of the House:

HB 540. By Representatives Pettit of the 19th and Ramsey of the 3rd:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, so as to grant exclusive original juris dictions in the juvenile courts over certain traffic offenses committed by persons under 17 years of age; to provide that there shall be no exceptions to the jurisdiction of the juvenile court over these offenses.

The following Bill and Resolution of the House and Senate were taken up for the pur pose of considering the reports of the Committees of Conference thereon:

HR 689. By Representative Kingston of the 125th: A resolution compensating Mr. M. C. Nettles.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HR 689

The Committee of Conference on HR 689 recommends that the House of Representa tives recede from its position and that HR 689, as amended by the Senate, be adopted.
Respectfully submitted,

FRIDAY, MARCH 7, 1986

2561

FOR THE SENATE:
/s/ LSoeyncaetoWr, .8Tthu. rDneisrtrict
/s/ Nathan Dean Senator, 31st District
/s/ Lawrence Stumbaugh Senator, 55th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/Jack Kingston Representative, 125th District
/s/ Carlton Colwell Representative, 4th District
/s/ Chesley V. Morton, Jr. Representative, 47th District

The Senate Committee on Appropriations offers the following amendment:

Amend HR 689 by striking on Page 2, line 6, the figure "$3,254.61" and inserting in lieu thereof the following:
"$1,627.31".

HR 689. By Representative Kingston of the 125th:

A RESOLUTION
Compensating Mr. M. C. Nettles; and for other purposes.
WHEREAS, on September 14, 1985, the vessel Carolina C was traveling south on the Intracoastal Waterway; and
WHEREAS, as the vessel approached the drawbridge on U.S. 80, the operator began to raise the bridge to allow the vessel to pass underneath; and
WHEREAS, the drawbridge stopped opening when it was approximately half-way open whereupon the vessel was put in reverse to refrain from passing beneath the bridge until it was completely open; and
WHEREAS, this action coupled with the spring tide and strong northeast wind caused the vessel to turn towards the east; and
WHEREAS, the drawbridge began to open again and the vessel proceeded to pass underneath; and
WHEREAS, as the vessel was passing beneath the bridge, the bridge began to close, and in closing, both sections of the drawbridge struck the mast of the vessel; and
WHEREAS, Mr. M. C. Nettles has suffered loss of personal property totaling $3,254.61; and
WHEREAS, the loss occurred through no fault or negligence on the part of Mr. M. C. Nettles and it is only fitting and proper that he be reimbursed for his loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of $3,254.61 to Mr. M. C. Nettles as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.

Representative Kingston of the 125th moved that the House adopt the report of the Committee of Conference on HR 689.
On the motion, the roll call was ordered and the vote was as follows:

2562

JOURNAL OF THE HOUSE,

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 Y Barnett.B Y Barnett,M
YBeck Y Benefield YBenn
Birdsong Bishop Y Bolster Y Bostick Y Branch YBray Brooks Y Brown.G YBuck Burruss YByrd Y Carter Y Chambleas Y Chance Y Cheeks Y Childers

Childs Clark.B 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 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 Y Lawrence Y Lawson Y Lee.C Y Lee.W Y Linder Y Logan YLong YLord Y Lucas Y Lupton
Maddox Y Mangum
Martin.C Y Martin,J Y Matthews Y McDonald

Y McKelvey McKinney
Y Milam Y Milford Y Moody
Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell Y Parham
Parrish
Patten Y Peters Y Pettit
Phillips Pinkston Y Porter Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Redding Y Richardson Y Robinson.C Y Robinson,P YRoss Y Royal Russell Y Selman

On the motion, the ayes were 148, nays 0. The motion prevailed.

Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith,L Y Smith.P
Smith.T
Y Smyre YSnow Y Stancil
Stein berg Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplet! Y 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 Y Wilson Y Wood
Workman Y Yeargin Y Young
Murphy.Spkr

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 56

The Committee of Conference on SB 56 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of
Conference Substitute to SB 56 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Is/ Culver Kidd 1st Bill English /s/ Kyle Cobb

/s/ E. M. Childers /s/ Eleanor L. Richardson /s/ Tommy Chambless

FRIDAY, MARCH 7, 1986

2563

A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change certain administrative and judicial procedures regarding decisions and appeal hearings of the Health Planning Review Board; to provide that certain proceeds received from the sale of certain hospitals will be used in funding the provision of hospital care for certain indigent persons; to provide for procedures and conditions relating thereto; to provide exceptions; 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. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking in their entirety subsections (g), (h), and (i) of Code Section 31-6-44, relating to the Health Planning Review Board and administrative and judicial review of planning agency decisions, and inserting in their place new subsections (g), (h), and (i) to read as follows:
"(g) The decision of the panel shall be the final administrative agency decision for purposes of judicial appeal of any certificate f need decision ndr Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(h) In the event that the review board, its chairman, or a panel of the review board requires legal counsel, the chairman shall make a request for such advice to the Attorney General.
(i) Any party to the appeal hearing, including excluding the planning agency, may seek judicial review of the panel's decision in accordance with the method set forth in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act"; provided, however, that in conducting such review, the court may reverse or modify the decision only if sub stantial rights of the appellant have been prejudiced because the procedures followed by the planning agency, or the review board, or the administrative findings, inferences, conclusions, and decision of the review board are:
(1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedures; (4) Affected by other error of law; (5) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support such findings, inferences, conclusions, or decisions, which such evidentiary standard shall be in excess of the 'any evidence' standard contained in other statutory provisions; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwar ranted exercise of discretion."
Section 2. Said title is further amended by inserting immediately following Code Section 31-7-75 a new Code section, to be designated Code Section 31-7-75.1, to read as follows:
"31-7-75.1. (a) The proceeds from any sale or lease of a hospital owned by a hospi tal authority or political subdivision of this state, which proceeds shall not include funds required to pay off the bonded indebtedness of the sold hospital or any expense of the authority or political subdivision attributable to the sale or lease, shall be held by the authority or political subdivision in an irrevocable trust fund. Such proceeds in that fund may be invested in the same way that public moneys may be invested generally pursuant to general law, but money in that trust fund shall be used exclusively for fund ing the provision of hospital care for the indigent residents of the political subdivision which owned the hospital or by which the authority was activated or for which the authority was created. If the funds available for a political subdivision in that irrevo cable trust fund are less than $100,000.00, the principal amount may be used to fund the provision of indigent hospital care; otherwise, only the income from that fund may be used for that care. Such funding or reimbursement for indigent care shall not exceed the diagnosis-related group rate for that hospital in each individual case.

2564

JOURNAL OF THE HOUSE,

(b) In the event a hospital authority which sold or leased a hospital was activated by or created for more than one political subdivision or in the event a hospital having as owner more than one political subdivision is sold or leased by those political subdivi sions, each such constituent political subdivision's portion of the irrevocable trust fund for indigent hospital care shall be determined by multiplying the amount of that fund by a figure having a numerator which is the population of that political subdivision and a denominator which is the combined population of all the political subdivisions which owned the hospital or by which or for which the authority was activated or created.
(c) For purposes of hospital care for the indigent under this Code section, the stan dard of indigency shall be that determined under Code Section 31-8-43, relating to stan dards of indigency for emergency care of pregnant women, based upon 125 percent of the federal poverty level.
(d) This Code section shall not apply to a reorganization or restructuring and shall not apply to any sale of a hospital, or the proceeds from that sale, made prior to the date this Code section becomes effective."
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 Childers of the 15th moved that the House adopt the report of the Committee of Conference on SB 56.
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
Balkcom Y Bannister
Y Bargeron Y Barnett.B Y Barnett.M NBeck Y Benefield
Benn
Birdsong Y 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

Y Childs Y Clark.B
Clark,L Y Colbert Y Coleman Y Colwell Y Connell
Cooper Y Copelan
Y Couch YCoi Y Crawford N Crosby N Cummings
Daugherty N Davis
Dean Y Dixon N Dobbs Y Dover Y Dunn Y Edwards
Y Felton N Floyd
N Foster Galer
Y Godbee Y Goodwin Y Greene
Y Greer Groover
Y Hamilton
Manner Y Harris Y Hasty YHays

Y Heard NHill Y Holcomb
Y Holmes Y Hooks
Home Y Hudson Y Isakson Y Jackson,J
Jackson,N N Jamieson
Y Johnson,D Y Johnson,F
Y Johnson.R Y Johnson.S Y Kilgore Y Kingston
YLane.D N Lane,R
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

On the motion, the ayes were 128, nays 19. The motion prevailed.

Y McKelvey
McKinney YMilam N Milford
Y Moody Y Moore N Morton Y Mostiler Y Moultrie N Mueller Y Oliver.C Y Padgett Y Pannell
Y Parham Parrish Patten
Y Peters Y Pettit
Phillips Pinkston Y Porter
N Rainey Y Ramsey.T Y Ramsey.V N Randall
Y Ransom NRay 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 N Smith.L Y Smith,P
Smith/I Smyre YSnow Y Stancil Steinberg
Y Thomas,C Y Thomas,M
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 N Williams,R N Wilson
Y Wood Workman
Y Yeargin Young Murphy ,Spkr

FRIDAY, MARCH 7, 1986

2565

Representative Mueller of the 126th stated that she inadvertently voted "nay" on the preceding roll call. She wished to vote "aye" thereon.

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 1917. By Representatives Jackson of the 9th, Murphy of the 18th, Porter of the 119th and Yeargin of the 14th:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Anno tated, relating to revocations of licenses of habitual violators, so as to change the time period during which moving traffic violations will be considered for the purpose of determining habitual violator status.

The Speaker Pro Tern assumed the Chair.

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

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 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.

The following Senate substitute was read:

A BILL
To provide for the right of jury trials in certain probate courts of counties having a population of more than 100,000 persons according to the United States decennial census of 1980 or any future such census; to provide for comprehensive changes in appellate procedures in probate courts and in certain courts trying traffic offenses; to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to provide for appellate review procedures for cases appealed from the probate court; to provide that such appeals shall be confined to the record in certain cases; to provide for additions to the records of the proceedings; to provide decision-making standards for the superior courts; to preserve de novo appeals from the magistrate courts; to provide that certiorari shall not lie to superior court from certain probate courts; to provide for the grant of new trials by certain probate courts; to allow appeals to the Court of Appeals or Supreme Court; to require an application for appeal in certain cases originating in the probate courts; to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide when jury trials shall be held in certain probate courts; to provide for demands for a trial by jury; to provide for the transfer of certain cases in which a demand for trial by jury is made; to allow jury trials of civil matters in probate courts of counties having more than 100,000 persons according to the United States decen nial census of 1980 or any future such census in which the judge thereof has been admit ted to the practice of law for at least seven years; to provide for practice, pleading, rules, and procedure; to amend Code Section 19-3-40 of the Official Code of Georgia Annotated,

2566

JOURNAL OF THE HOUSE,

relating to prerequisite blood tests before marriage, so as to preserve the summary appel late procedure from certain probate courts concerning a denial of a marriage license because of certain blood tests results; to amend Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to municipal elections and primaries, so as to preserve de novo appeals from certain decisions of municipal governing authorities; to amend Code Section 24-8-21 of the Official Code of Georgia Annotated, relating to summary establish ment in the probate court of lost or destroyed evidence of indebtedness, so as to retain the special statutory appellate procedure from certain probate courts concerning the estab lishment of certain lost documents; to amend Code Section 29-5-11 of the Official Code of Georgia Annotated, relating to appeals from final orders of the probate court concerning guardians of incapacitated adults, so as to establish appellate procedure in such cases; to amend Code Section 31-20-3 of the Official Code of Georgia Annotated, relating to the sterilization of mentally incompetent persons, so as to establish appellate procedure in such cases; to amend Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to inspection and modification of criminal records; so as to preserve de novo appeals from agency refusals to modify certain criminal records; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide appellate procedure for cases originating in probate courts; to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals for traffic offenses, so as to provide that appeals shall be on the record of the hearing below and not by de novo jury trial; to provide for appeals from probate courts to be confined to the record in certain cases; to amend Code Section 44-9-59 of the Official Code of Georgia Annotated, relating to procedures for the removal of obstructions to a private way, so as to provide for appellate review of decisions of the probate court; to amend Code Section 48-2-59 of the Official Code of Georgia Annotated, relating to appeals from rulings of the state revenue commissioner, so as to preserve de novo appeals to superior court; to amend Article 8 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relat ing to personal representatives to manage public assistance payments, so as to provide for appeals from decisions of the probate court; to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and the administration of estates, so as to pro vide for appeals from decisions of the probate courts; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, is amended by striking in its entirety Code Section 5-3-2, relating to the right of appeal from probate courts, which reads as follows:
"5-3-2. An appeal shall lie to the superior court from any decision made by the pro bate court, except an order appointing a temporary administrator.", and inserting in its place a new Code Section 5-3-2 to read as follows:
"5-3-2. (a) (1) Except as provided in paragraphs (2) and (3) of this subsection, an appeal shall lie to the superior court from any decision made by the probate court.
(2) No appeal shall lie from any probate court from an order appointing a tempo rary administrator.
(3) No appeal from the probate court to the superior court shall lie from any civil case in a probate court which is provided for by Article 6 of Chapter 9 of Title 15. (b) No objection to any order or decision of the probate court shall be considered by the superior court upon appeal unless the objection has been urged before the pro bate court. (c) Within 30 days after the filing of the notice of appeal or within further time allowed by the superior court, the probate court shall transmit to the superior court the original or a certified copy of the entire record of the proceeding under review. By stipu lation of all parties to the appeal, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the superior court for the addi tional costs. The superior court may require or permit subsequent corrections or addi tions to the record.

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(d) If, before the date set for hearing, application is made to the superior court for leave to present additional evidence and it is shown to the satisfaction of the court that the additional evidence is material and there were good reasons for failure to present it in the proceedings before the probate court, the superior court may order that the additional evidence be taken before the probate court upon conditions determined by the superior court. The probate court may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new find ings, or decisions with the superior court.
(e) The review shall be conducted by the superior court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the probate court, not shown in the record, proof thereon may be taken in the superior court. The superior court, upon request, shall hear oral argument and receive written briefs.
(f) The superior court shall not substitute its judgment for that of the probate court as to the weight of the evidence on questions of fact. The superior court may affirm the decision of the probate court or remand the case for further proceedings. The superior court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions are:
(1) In violation of constitutional or statutory provisions; (2) In excess of the jurisdiction of the probate court; (3) Made upon unlawful procedure; (4) Affected by other error of law; (5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwar ranted exercise of discretion."
Section 2. Said title is further amended by striking in its entirety Code Section 5-3-29, relating to appeals as de novo investigations, and inserting in its place a new Code Section 5-3-29 to read as follows:
"5-3-29. An appeal to the superior court from a magistrate court or probate court, and in any other case where not otherwise provided by law; is a de novo investigation. It brings up the whole record from the court below; and all competent evidence shall be admissible on the trial thereof, whether adduced on a former trial or not. Either party is entitled to be heard on the whole merits of the case."
Section 3. Said title is further amended by striking in its entirety Code Section 5-4-1, relating to when certiorari shall lie, and inserting in its place a new Code Section 5-4-1 to read as follows:
"5-4-1. (a) The writ of certiorari shall lie for the correction of errors committed by any inferior judicatory or any person exercising judicial powers, including the judge of the probate court, except in cases touching the probate of wills, granting letters testa mentary, and of administration.
(b) Notwithstanding subsection (a) of this Code section, the writ of certiorari shall not lie in civil cases in the probate courts which are provided for by Article 6 of Chapter 9 of Title 15."
Section 4. Said title is further amended by striking in its entirety Code Section 5-5-1, relating to the power of certain courts to grant new trials, and inserting in its place a new Code Section 5-5-1 to read as follows:
"5-5-1. (a) The superior, state, and city courts shall have power to correct errors and grant new trials in cases or collateral issues in any of the respective courts in such manner and under such rules as they may establish according to law and the usages and customs of courts.
(b) Probate courts shall have power to correct errors and grant new trials in civil cases provided for by Article 6 of Chapter 9 of Title 15 under such rules and procedures as apply to the superior courts."
Section 5. Said title is further amended by designating the existing language of sub section (a) of Code Section 5-6-33, relating to the right of appeal generally, as paragraph

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(1) and by adding a new paragraph, to be designated paragraph (2), so that when so amended, subsection (a) shall read as follows:
"(a) (1) Either party in any civil case and the defendant in any criminal proceeding in the superior, state, or city courts, may appeal from any sentence, judgment, deci sion, or decree of the court, or of the judge thereof in any matter heard at chambers.
(2) Either party in any civil case in the probate courts provided for by Article 6 of Chapter 9 of Title 15 may appeal from any judgment, decision, or decree of the court, or of the judge thereof in any matter heard at chambers."
Section 6. Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 5-6-35, relating to appellate procedures in cases in which an application for appeal is required, and inserting in its place a new paragraph (1) to read as follows:
"(1) Appeals from decisions of the superior courts reviewing decisions of the State Board of Workers' Compensation, the State Board of Education, auditors, state and local administrative agencies, probate courts, and lower courts by certiorari or de novo proceedings; provided, however, that this provision shall not apply to decisions of the Public Service Commission and probate courts and to cases involving ad valorem taxes and condemnations;".
Section 7. Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by adding at the end of Article 4 of said chapter a new Code section, to be designated Code Section 15-9-90, to read as follows:
"15-9-90. (a) Except as provided in Article 6 of this chapter, there shall be no jury trials in the probate court.
(b) For all civil proceedings in the court, unless a party demands in writing a trial by jury in the party's first required pleading or at the party's first appearance in the probate court, whichever is applicable, the party's right to a trial by jury on the issues raised shall be deemed waived.
(c) If a party demands a trial by jury, the case shall be transferred to the superior court of the county. After it is transferred, the case shall be governed so far as can be applied by the rules and procedures applicable generally to other cases in the superior courts.
(d) The probate court shall be allowed to collect such costs as have accrued in the case up to its transfer but shall transmit any amounts remaining after such collection to the clerk of the superior court."
Section 8. Said chapter is further amended by adding at the end thereof a new arti cle, to be designated Article 6, to read as follows:
"ARTICLE 6
15-9-120. As used in this article, the term: (1) 'Civil case' means those civil matters: (A) Over which the judge of the probate court exercises judicial powers; (B) Within the original, exclusive, or general subject matter jurisdiction of the probate court; and (C) Which, if not for this article and Code Section 5-6-33, could be appealed to superior court under Code Sections 5-3-2 and 5-3-29. (2) 'Probate court' means a probate court of a county having a population of more
than 100,000 persons according to the United States decennial census of 1980 or any future such census in which the judge thereof has been admitted to the practice of law for at least seven years. 15-9-121. (a) A party to a civil case in the probate court shall have the right to a jury trial if such right is asserted by a written demand for jury trial with the first plead ing of the party or at the party's first appearance in the probate court, whichever is applicable. If a party fails to assert the right to a jury trial, the right shall be deemed waived and may not thereafter be asserted.

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(b) Notwithstanding other laws, for any civil case in which a jury trial is demanded, the determination of issues of fact shall not be made by the probate judge but shall be for the jury as in cases in the superior courts.
(c) If a jury could not be demanded in superior court from a case in a probate court not meeting the definition provided in paragraph (2) of Code Section 15-9-120, the right to a jury trial shall not be available in a probate court which meets such definition.
15-9-122. Unless provided to the contrary by Code Section 9-11-81, the general laws and rules of practice, pleading, procedure, and evidence which are applicable to the superior courts of this state shall be applicable to and govern in civil cases in the pro bate courts.
15-9-123. (a) Either party to a civil case in the probate court shall have the right of appeal to the Supreme Court or the Court of Appeals, as provided by Chapter 6 of Title 5.
(b) The general laws and rules of appellate practice and procedure which are appli cable to cases appealed from the superior courts of this state shall be applicable to and govern appeals of civil cases from the probate courts.
15-9-124. The general laws and rules applicable to the execution and enforcement of judgments in the superior courts of this state shall be applicable to and govern civil cases in the probate courts.
15-9-125. All laws with reference to the number, composition, qualifications, impan eling, challenging, and compensation of jurors in superior courts shall apply to and be observed by the probate courts in civil cases.
15-9-126. For services rendered in jury trials and in appeals to the Supreme Court or Court of Appeals, if a fee is not prescribed by Code Section 15-9-60, the judge of the probate court shall be entitled to the same fee as that of the clerk of the superior court provided in Code Section 15-6-77 for similar services in superior court."
Section 9. Code Section 19-3-40 of the Official Code of Georgia Annotated, relating to prerequisite blood tests before marriage, is amended by striking in its entirety subsec tion (f) and inserting in its place a new subsection (f) to read as follows:
"(f) When Notwithstanding the procedure provided in Code Section 5-3-2, when an applicant has been refused a license to marry by reason of paragraph (1) of subsection (b) of this Code section, the applicant shall have the right to appeal to the superior court in the county wherein the applicant resides within 60 days after the refusal. The superior court judge is empowered to hear an applicant's appeal in a summary way at any place in his judicial circuit without the intervention of a jury. The aggrieved party shall submit to the court the laboratory examination reports that are material to the hearing of the appeal. If, after hearing expert medical testimony, in the opinion of the court the applicant is free of syphilis or is not in a stage of the disease which may become communicable, the court shall order the licensing authority to issue a license to the person to marry, provided all other requirements of the law regulating the issuance of marriage licenses are complied with. A certified copy of the court's order shall be filed with the licensing authority issuing the license to marry and shall be accepted in lieu of any and all other certificates required under this Code section. The right of appeal to superior court under this subsection shall not apply to appeals from probate courts which are provided for by Article 6 of Chapter 9 of Title 15."
Section 10. Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to municipal elections and primaries, is amended by striking in its entirety Code Section 21-3-129, relating to appeals from decisions denying or allowing registrations, and inserting in its place a new Code Section 21-3-129 to read as follows:
"21-3-129. Any person to whom the right of registration is denied by the registration officers shall have the right to take an appeal to the superior court of the county; and any elector may enter an appeal to such court from the decision of the registration offi cers allowing any person to register. All appeals must be filed in writing with the chief registrar within ten days from the date of the decision complained of and shall be returned by the chief registrar to the office of the clerk of such court to be tried, de novo, as are appeals from the probate magistrate court. Pending an appeal and until the

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final judgment of the case, the decision of the registration officer shall remain in full force."
Section 11. Said chapter is further amended by striking in its entirety Code Section 21-3-421, relating to appeals from a municipal governing authority's decision on a contest petition, and inserting in its place a new Code Section 21-3-421 to read as follows:
"21-3-421. The decision of the governing authority entered pursuant to Code Section 21-3-420 may be appealed to the superior court in the manner of appeal from a probate magistrate court, except that appeals shall be made within ten days after determination of the contest by the governing authority. The appeal of the decision of the governing authority shall be tried and determined in the county in which the city hall is located. The case shall be presided over by the judge of the superior court who has the greatest number of years of service in the judicial circuit or circuits adjoining the judicial circuit containing the municipality in which the contest is instituted. If such judge is disquali fied or unable to serve, the clerk shall immediately notify the Governor of such fact; and the Governor shall thereupon appoint a disinterested judge of the superior court who resides outside of the judicial circuit in which the contest is pending, or a senior judge of the superior court to serve in the place of such judge. Such judge or senior judge shall promptly begin presiding over such proceedings in such court and shall determine the same as soon as practicable. He shall be reimbursed for his actual expenses for food and lodging, and he shall receive the same mileage allowance as other state officials and employees."
Section 12. Code Section 24-8-21 of the Official Code of Georgia Annotated, relating to summary establishment in the probate court of lost or destroyed evidence of indebted ness, is amended by striking in its entirety subsection (e) and inserting in its place a new subsection (e) to read as follows:
"(e) K Notwithstanding the procedures provided in Code Section 5-3-2, if either party to the proceedings provided for in this Code section is dissatisfied, he may appeal upon giving the usual bond and security for costs, as in cases of appeal from the probate magistrate court to the superior court. The appeal shall be tried in the superior court from all the pleadings and proceedings as were before the judge of the probate court. In the superior court the case shall be tried and determined as provided in Code Sec tions 24-8-24 through 24-8-27. The right of appeal to superior court under this subsec tion shall not apply to appeals from probate courts which are provided for by Article 6 of Chapter 9 of Title 15."
Section 13. Code Section 29-5-11 of the Official Code of Georgia Annotated, relating to appeals from final orders of the probate court concerning guardians of incapacitated adults, is amended by striking in its entirety subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) Th* Except as provided in Article 6 of Chapter 9 of Title 15, the ward, indi vidually or by his attorney, his representatives, or his guardian ad litem, or the peti tioner may appeal from any final order of the probate court to the superior court in the county in which the proceedings were held. The appeal shall be in the same manner as other appeals from the probate court to the superior court but shall be heard as expeditiously as possible. The appeal shftti be d neve wriess th parties fey agreement specifi cally limit the issues. The ward shall retain his right to counsel or to have counsel appointed for him. The burden of proof shall be upon the petitioner and the standard used by the court in reaching its decision shall be clear and convincing evidence."
Section 14. Code Section 31-20-3 of the Official Code of Georgia Annotated, relating to the sterilization of mentally incompetent persons, is amended by striking in its entirety paragraph (6) of subsection (c) and inserting in its place a new paragraph (6) to read as follows:
"(6) A Except as provided in Article 6 of Chapter 9 of Title 15, an appeal to the superior court may be had by the applicant or person alleged to be subject to this Code section or by any other interested party on such judgment in the probate court as pro vided in other cases by the laws of this state. T-he proceedings before the superior eewt

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8RQ11 COflStltUtC & cflfll K ROVO find tlpon ftppilCStlOH Or defter pflPty S ft All "b
before a jury. If the person alleged to be subject to this Code section requests that the trial appeal proceedings be closed to the public, the judge shall close the trial appeal proceedings to the public unless an overriding or compelling reason can be shown as to why such trial appeal should not be closed to the public. The ruling by the judge whether to open the trial appeal to the public or not shall be in writing. Any decision of the superior court in such cases may be appealed to the higher courts of this state as in other civil cases. The cost of appeal, if any, to the superior and higher courts shall be taxed as in other civil cases. The pendency of any appeal shall stay the proceedings in the probate court until the appeal is finally determined. Affidavits in forma pauperis regarding court costs and costs of appeal may be filed as in other cases made and pro vided by the laws of this state; and".
Section 15. Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to inspection and modification of criminal records, is amended by striking in its entirety subsection (c) and inserting in its place a new subsection to read as follows:
"(c) If an individual believes his criminal records to be inaccurate or incomplete, he may request the original agency having custody or control of the detail records to purge, modify, or supplement them and to notify the center of such changes. Should the agency decline to act or should the individual believe the agency's decision to be unsatisfactory, the individual or his attorney may, within 30 days of such decision, enter an appeal to the superior court of the county of his residence or to the court in the county where the agency exists, with notice to the agency, to acquire an order by the court that the subject information be expunged, modified, or supplemented by the agency of record. The court shall conduct a de novo hearing and may order such relief as it finds to be required by law. Such appeals shall be entered in the same manner as appeals are entered from the probate magistrate court, except that the appellant shall not be required to post bond or pay the costs in advance. If the aggrieved person desires, the appeal may be heard by the judge at the first term or in chambers. A notice sent by registered or certified mail shall be sufficient service on the agency having custody or control of disputed record that such appeal has been entered. Should the record in ques tion be found to be inaccurate, incomplete, or misleading, the court shall order it to be appropriately expunged, modified, or supplemented by an explanatory notation. Each agency or individual in the state with custody, possession, or control of any such record shall promptly cause each and every copy thereof in his custody, possession, or control to be altered in accordance with the court's order. Notification of each such deletion, amendment, and supplementary notation shall be promptly disseminated to any indi viduals or agencies, including the center, to which the records in question have been communicated, as well as to the individual whose records have been ordered so altered."
Section 16. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking in its entirety Code Section 37-3-150, relating to the rights of mentally ill patients to appeal orders, and inserting in its place a new Code Section 37-3-150 to read as follows:
"37-3-150. The patient, his representatives, or his attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held2 except as otherwise pro vided in Article 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be made the same manner as flppcQis ironi trie proDfltc court to tft superior court> except tft&t trie ftppedi sriflii De heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as provided by law but shall be heard as expeditiously as pos sible. The patient must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he is unable to pay costs. The patient shall retain all rights of review of any order of the superior court, the Court of Appeals, and the

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Supreme Court as provided by law. The patient shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for him by the court."
Section 17. Said title is further amended by striking in its entirety Code Section 37-4-110, relating to the rights of certain mentally retarded persons to appeal orders, and inserting in its place a new Code Section 37-4-110 to read as follows:
"37-4-110. The client, his representatives, or his attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held2 except as otherwise pro vided in Article 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court sh*H be made in the aeons manner as
heard before th eewt sitting without a jwry as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as provided by law but shall be heard as expeditiously as pos sible. The client must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he is unable to pay costs. The client shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court as provided by law. The client shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for him by the court."
Section 18. Said title is further amended by striking in its entirety Code Section 37-7-150, relating to the rights of alcoholic or drug abusing patients to appeal orders, and inserting in its place a new Code Section 37-7-150 to read as follows:
"37-7-150. The patient, his representatives, or his attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was heldj except as otherwise pro vided in Article 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be mad* t the same manner as Qppe&is IPOIW trie protwrte cowft to trie superior court, except ttiflt trie ftppefli srisii De heard before the court sitting without a jary as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as provided by law but shall be heard as expeditiously as pos sible. The patient must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he is unable to pay costs. The patient shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court, as provided by law. The patient shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for him by the court."
Section 19. Said title is further amended by striking in its entirety subsection (j) of Code Section 37-8-34, relating to the involuntary commitment of alcoholics, and inserting in its place a new subsection (j) to read as follows:
"(j) The court shall inform the person whose commitment or recommitment is sought of his right to contest the application, appeal te the superior eewt, be represented by counsel at every stage of any proceedings relating to his commitment and recommitment, and have counsel appointed by the court or provided by the court if he wants the assistance of counsel and is unable to obtain counsel. If the court believes that the person needs the assistance of counsel, the court shall require counsel for him, by appointment if necessary, regardless of his wishes. The person whose commitment or recommitment is sought shall be informed of his right to be examined by a licensed physician of his choice. If the person is unable to obtain a licensed physician and requests examination by a physician, the court shall employ a licensed physician."
Section 20. Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Anno tated, relating to arrests, trials, and appeals for traffic offenses, is amended by striking in

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its entirety Code Section 40-13-28, relating to appeals to superior court, and inserting in its place a new Code Section 40-13-28 to read as follows:
"40-13-28. (a) Any defendant convicted under this article shall have the right of appeal to the superior court. The provisions of Code Sections 5-3-29 and 5-3-30 shall not apply to appeals under this Code section. Otherwise, the appeal shall be entered as appeals are entered from the probate magistrate court to the superior court, provided that the defendant shall be entitled to bail and shall be released from custody upon giving the bond as is provided for appearances in criminal cases in the courts of this state. Such bond shall have the same conditions as appearance bonds in criminal cases. The hearing in The appeal to the superior court shall not be a de novo investigation and aH proceedings shall be as provided by tew before a jury but shall be on the record of the hearing as certified by the judge of that court who presided at the hearing below. This subsection shall not apply to appeals from the probate courts.
(b) For cases originating in the probate court, if the defendant has waived in writing his right to trial by jury, appeals to the superior court shall proceed as provided by Code Section 5-3-2. The defendant shall be entitled to bail and shall be released from custody upon giving the bond as is provided for appearances in criminal cases in the courts of this state. Such bond shall have the same conditions as appearance bonds in criminal cases."
Section 21. Code Section 44-9-59 of the Official Code of Georgia Annotated, relating to procedures for the removal of obstructions to a private way, is amended by striking in its entirety subsection (b) and inserting in its place a new subsection (b) to read as follows:
"(b) Either Except as otherwise provided in Article 6 of Chapter 9 of Title 15, either party who is dissatisfied with the judgment of the judge of the probate court pursuant to subsection (a) of this Code section may appeal to the superior court as a matter of right."
Section 22. Code Section 48-2-59 of the Official Code of Georgia Annotated, relating to appeals from rulings of the state revenue commissioner, is amended by striking in its entirety subsection (b) and inserting in its place a new subsection (b) to read as follows:
"(b) The appeal and necessary records shall be certified by the commissioner and shall be filed with the clerk of the superior court within 30 days from the date of deci sion by the commissioner. The procedure provided by law for applying for and granting appeals from the probate magistrate court to the superior court shall apply as far as suitable to the appeal authorized by this Code section, except that the appeal authorized by this Code section may be filed within 30 days from the date of decision by the commissioner."
Section 23. Article 8 of Chapter 4 of Title 49 of the Official Code of Georgia Anno tated, relating to personal representatives to manage public assistance payments, is amended by striking in its entirety Code Section 49-4-172, relating to appeals from orders of appointment, and inserting in its place a new Code Section 49-4-172 to read as follows:
"49-4-172. Frem Except as provided in Article 6 of Chapter 9 of Title 15, from the order of the court appointing or removing such personal representative, an appeal may be had to the judge of the superior court; who shaH hear the matter de novo without a jury.
Section 24. Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and the administration of estates, is amended by striking in its entirety subsection (a) of Code Section 53-3-22, relating to the approval of certain settlement agreements, and inserting in its place a new subsection (a) to read as follows:
"(a) Any Except as otherwise provided in Article 6 of Chapter 9 of Title 15, any judge of the superior courts, on appeal, on the issue of devisavit vel non (will or no will) may approve a settlement agreement between all parties, under which probate is granted or denied, providing for a disposition of property contrary to the terms of a will. Any settlement agreement which provides for the sustaining of the caveat or the disposition of the property contrary to the terms of the will must be approved by a judge of the superior courts after a hearing, notice of which shall be given as the court may direct,

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at which evidence is introduced and at which the judge finds as a matter of fact that the caveat is meritorious."
Section 25. Said title is further amended by striking in its entirety Code Section 53-3-23, relating to rights of executors to recover expenses if a will is refused probate, and inserting in its place a new Code Section 53-3-23 to read as follows:
"53-3-23. Those who are named as executors in purported wills of decedents shall be entitled to recover expenses from the estate of the decedent, including reasonable attorney's fees if the services of an attorney are employed for offering wills for probate in solemn or common form, even if the will is subsequently determined not to be the valid will of the testator. However, such person shall not be entitled to recover from the estate the expenses and attorney's fees incurred in the effort to sustain the will in the event of a contest unless the person proceeds in good faith. The probate court shall determine, upon the petition of a person named as executor, the amount of expenses and the amount to be paid the attorney so employed, and its order shall be subject to appeal te the superior court as is provided in other cases."
Section 26. Said title is further amended by striking in its entirety subsection (d) of Code Section 53-5-21, relating to applications for approval of conveyances or encum brances, and inserting in its place a new subsection (d) to read as follows:
"(d) An appeal shall lie te the superior court in the manner, under the restrictions, and with the effect provided for appeals from the judge of the probate court in other cases."
Section 27. Said title is further amended by striking in its entirety subsection (b) of Code Section 53-7-97, relating to procedures in certain actions to compel the making of title, and inserting in its place a new subsection (b) to read as follows:
"(b) When objections in writing are filed in the office of the judge of the probate court, it shall be the duty of the judge to hear evidence as to whether or not the condi tions of the bond or contract for the sale of land have been complied with by the pay ment of the purchase money and to grant an order requiring the title to be made or not, as he may think the principles of justice may require. Either party, if dissatisfied with the decision, may appeal te the superior eert upon the same terms as appeals are granted in other cases."
Section 28. Said title is further amended by striking in its entirety Code Section 53-7-187, relating to objections and appeals in intermediate final reports, and inserting in its place a new Code Section 53-7-187 to read as follows:
"53-7-187. At or before the time fixed for hearing, any parties at interest may file objections to the fiduciary's report, actions, and accounting, in which case the hearing on the accounting shall be automatically continued until the next regular term of the probate court, when, subject to the court's power to grant continuances, the same shall be heard as other cases pending in the court, with like right of appeal to the superior court; in such case, an appeal by consent may be taken to the superior court. Such appellate procedures shall not apply to cases provided for by Article 6 of Chapter 9 of Title 15. The parties at interest who have been regularly served as provided in subsec tion (c) of Code Section 53-7-184 and who have filed no objections to the report and accounting need not be served with notice of an appeal or any other or further proceed ings, and their consent shall not be required for an appeal to the superior court."
Section 29. Said title is further amended by striking in its entirety Code Section 53-8-42, relating to appeals from orders regarding private conveyances of rights of way and easements, and inserting in its place a new Code Section 53-8-42 to read as follows:
"53-8-42. An appeal shall lie te th superior eewt in the manner, under the restric tions, and with the effect provided for appeals from the probate court in other cases."
Section 30. Said title is further amended by striking in its entirety Code Section 53-9-26, relating to the final return of conservators on the reappearance of a missing person, and inserting in its place a new Code Section 53-9-26 to read as follows:

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"53-9-26. If, at any time before the missing person has been declared legally dead by a competent court in a proceeding brought for that purpose, the missing person reappears, the conservator shall thereupon and within 60 days after demand by the mis sing person make a final return to the judge of the probate court. Upon approval of the final return by the judge, he shall pay over and deliver all of the funds and property in his hands to the missing person. The missing person, as well as the conservator, shall have the right to appeal from any decision of the judge of the probate court approving or disapproving the final return; te the superior emirt ef the county, in the manner pro vided by law."
Section 31. This Act shall become effective July 1, 1986, and shall apply to proceed ings filed on or after such date.
Section 32. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Chambless of the 133rd, Thomas of the 69th and Lee of the 72nd move to amend the Senate substitute for HB 1367 by striking in their entirety lines 1 through 29 of page 1, lines 1 through 34 of page 2, and lines 1 through 18 of page 3, and inserting in their place the following:
"To provide for the right of jury trials and for appellate practice in certain probate courts of counties having a population of more than 150,000 persons according to the United States decennial census of 1980 or any future such census; to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to provide that appeals from certain probate courts shall lie to the Supreme Court or Court of Appeals instead of the superior court; to provide that the writ of certiorari to superior court shall not be available from certain probate courts; to allow certain probate courts to grant new trials; to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide for jury trials in civil cases in probate courts of counties having a population of more than 150,000 persons according to the United States decennial census of 1980 or any future such census in which the judge thereof has been admitted to the practice of law for at least seven years; to pro vide exceptions; to provide for demands for jury trials; to provide for practice, pleading, procedure, and evidence; to provide for appeals and appellate procedure; to provide for the execution of judgments; to provide for fees; to amend Code Section 19-3-40 of the Official Code of Georgia Annotated, relating to premarital blood tests, so as to provide exceptions to the right of appeal to superior court; to amend Code Section 24-8-21 of the Official Code of Georgia Annotated, relating to the summary establishment of lost papers in the probate courts, so as to provide exceptions to the right of appeal to supe rior court; to amend Code Section 29-5-11 of the Official Code of Georgia Annotated, relating to appeals from certain guardianship orders, so as to provide exceptions to the right of appeal to superior court; to amend Code Section 31-20-3 of the Official Code of Georgia Annotated, relating to sterilization of mentally incompetent persons, so as to provide certain exceptions to the right of appeal to superior court; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide for exceptions to the right of appeal to superior court in certain cases; 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 certain motor vehicle and traffic offenses, so as to provide that all appeals of convictions under Article 2 of Title 40 shall be on the record of the hearing below and not by de novo jury trial; to amend Code Section 44-9-59 of the Official Code of Georgia Annotated, relating to procedures for the removal of obstructions to a private way, so as to provide exceptions to the right of appeal to supe rior court; to amend Article 8 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to personal representatives to manage assistance payments, so as to provide exceptions to the right of de novo jury appeals to superior court; to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration

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of estates, so as to provide for appeals from decisions of the probate courts; to provide an effective date and for applicability; to repeal conflicting laws; and for other pur poses.".
By striking the entirety of said substitute following the enacting clause on lines 19 of page 3 and inserting in its place the following:
"Section 1. Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by striking in its entirety Code Section 5-3-2, relating to the right of appeal from probate courts, and inserting in its place a new Code Section 5-3-2 to read as follows:
'5-3-2. (a) An appeal shall lie to the superior court from any decision made by the probate court, except an order appointing a temporary administrator.
(b) Notwithstanding subsection (a) of this Code section, no appeal from the pro bate court to the superior court shall lie from any civil case in a probate court which is provided for by Article 6 of Chapter 9 of Title 15.'
Section 2. Said title is further amended by striking in its entirety Code Section 5-3-29, relating to de novo investigations on appeal, and inserting in its place a new Code Section 5-3-29 to read as follows:
'5-3-29. An appeal to the superior court from a magistrate court er probate court, and in any other case where not otherwise provided by law; is a de novo investigation. It brings up the whole record from the court below; and all competent evidence shall be admissible on the trial thereof, whether adduced on a former trial or not. Either party is entitled to be heard on the whole merits of the case.'
Section 3. Said title is further amended by striking in its entirety Code Section 5-4-1, relating to when certiorari shall lie, and inserting in its place a new Code Section 5-4-1 to read as follows:
'5-4-1. (a) The writ of certiorari shall lie for the correction of errors committed by any inferior judicatory or any person exercising judicial powers, including the judge of the probate court, except in cases touching the probate of wills, granting letters testamentary, and of administration.
(b) Notwithstanding subsection (a) of this Code section, the writ of certiorari shall not lie in civil cases in the probate courts which are provided for by Article 6 of Chapter 9 of Title 15.'
Section 4. Said title is further amended by striking in its entirety Code Section 5-5-1, relating to the power of certain courts to grant new trials, and inserting in its place a new Code Section 5-5-1 to read as follows:
'5-5-1. (a) The superior, state, and city courts shall have power to correct errors and grant new trials in cases or collateral issues in any of the respective courts in such manner and under such rules as they may establish according to law and the usages and customs of courts.
(b) Probate courts shall have power to correct errors and grant new trials in civil cases provided for by Article 6 of Chapter 9 of Title 15 under such rules and proce dures as apply to the superior courts.'
Section 5. Said title is further amended by designating the existing language of subsection (a) of Code Section 5-6-33, relating to the right of appeal generally, as para graph (1) and by adding a new paragraph, to be designated paragraph (2), so that when so amended, subsection (a) shall read as follows:
'(a) (1) Either party in any civil case and the defendant in any criminal pro ceeding in the superior, state, or city courts, may appeal from any sentence, judg ment, decision, or decree of the court, or of the judge thereof in any matter heard at chambers.
(2) Either party in any civil case in the probate courts provided for by Article 6 of Chapter 9 of Title 15 may appeal from any judgment, decision, or decree of the court, or of the judge thereof in any matter heard at chambers.'

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Section 6. Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by adding at the end thereof a new article, to be desig nated Article 6, to read as follows:
'ARTICLE 6
15-9-120. As used in this article, the term: (1) "Civil case" means those civil matters: (A) Over which the judge of the probate court exercises judicial powers; (B) Within the original, exclusive, or general subject matter jurisdiction of the probate court; and (C) Which, if not for this article and Code Section 5-6-33, could be appealed to superior court for a de novo investigation with the right to a jury trial under Code Sections 5-3-2 and 5-3-29. (2) "Probate court" means a probate court of a county having a population of
more than 150,000 persons according to the United States decennial census of 1980 or any future such census in which the judge thereof has been admitted to the prac tice of law for at least seven years. 15-9-121. (a) A party to a civil case in the probate court shall have the right to a jury trial if such right is asserted by a written demand for jury trial with the first pleading of the party. If a party fails to assert the right to a jury trial, the right shall be deemed waived and may not thereafter be asserted. (b) Notwithstanding other laws, for any civil case in which a jury trial is demanded, the determination of issues of fact shall not be made by the probate judge but shall be for the jury as in cases in the superior courts. (c) If the civil case could not be appealed to a jury in superior court from a pro bate court not meeting the definition provided in paragraph (2) of Code Section 15-9-120, the right to a jury trial shall not be available in a probate court which meets such definition. 15-9-122. Unless provided to the contrary by Code Section 9-11-81, the general laws and rules of practice, pleading, procedure, and evidence which are applicable to the superior courts of this state shall be applicable to and govern in civil cases in the probate courts. 15-9-123. (a) Either party to a civil case in the probate court shall have the right of appeal to the Supreme Court or the Court of Appeals, as provided by Chapter 6 of Title 5. (b) The general laws and rules of appellate practice and procedure which are applicable to cases appealed from the superior courts of this state shall be applicable to and govern appeals of civil cases from the probate courts. 15-9-124. The general laws and rules applicable to the execution and enforcement of judgments in the superior courts of this state shall be applicable to and govern civil cases in the probate courts. 15-9-125. All laws with reference to the number, composition, qualifications, impaneling, challenging, and compensation of jurors in superior courts shall apply to and be observed by the probate courts in civil cases. 15-9-126. For services rendered in jury trials and in appeals to the Supreme Court or Court of Appeals, if a fee is not prescribed by Code Section 15-9-60, the judge of the probate court shall be entitled to the same fee as that of the clerk of the superior court provided in Code Section 15-6-77 for similar services in superior court.'
Section 7. Code Section 19-3-40 of the Official Code of Georgia Annotated, relating to premarital blood tests, is amended by striking in its entirety subsection (f) and insert ing in its place a new subsection (f) to read as follows:
'(f) Whe Except as provided in Article 6 of Chapter 9 of Title 15, when an appli cant has been refused a license to marry by reason of paragraph (1) of subsection (b) of this Code section, the applicant shall have the right to appeal to the superior court in the county wherein the applicant resides within 60 days after the refusal. The supe rior court judge is empowered to hear an applicant's appeal in a summary way at any

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place in his judicial circuit without the intervention of a jury. The aggrieved party shall submit to the court the laboratory examination reports that are material to the hearing of the appeal. If, after hearing expert medical testimony, in the opinion of the court the applicant is free of syphilis or is not in a stage of the disease which may become communicable, the court shall order the licensing authority to issue a license to the person to marry, provided all other requirements of the law regulating the issu ance of marriage licenses are complied with. A certified copy of the court's order shall be filed with the licensing authority issuing the license to marry and shall be accepted in lieu of any and all other certificates required under this Code section.'
Section 8. Code Section 24-8-21 of the Official Code of Georgia Annotated, relating to the summary establishment of lost papers in the probate court, is amended by strik ing in its entirety subsection (e) and inserting in its place a new subsection (e) to read as follows:
'(e) K Except as provided in Article 6 of Chapter 9 of Title 15, if either party to the proceedings provided for in this Code section is dissatisfied, he may appeal upon giving the usual bond and security for costs, as in cases of appeal from the probate court to the superior court. The appeal shall be tried in the superior court from all the pleadings and proceedings as were before the judge of the probate court. In the superior court the case shall be tried and determined as provided in Code Sections 24-8-24 through 24-8-27.'
Section 9. Code Section 29-5-11 of the Official Code of Georgia Annotated, relating to appeals from certain guardianship orders, is amended by striking in its entirety sub section (a) and inserting in its place a new subsection (a) to read as follows:
'(a) The Except as provided in Article 6 of Chapter 9 of Title 15, the ward, indi vidually or by his attorney, his representatives, or his guardian ad litem, or the peti tioner may appeal from any final order of the probate court to the superior court in the county in which the proceedings were held. The appeal shall be in the same man ner as other appeals from the probate court to the superior court but shall be heard as expeditiously as possible. The appeal shall be de novo unless the parties by agree ment specifically limit the issues. The ward shall retain his right to counsel or to have counsel appointed for him. The burden of proof shall be upon the petitioner and the standard used by the court in reaching its decision shall be clear and convincing evi dence.'
Section 10. Code Section 31-20-3 of the Official Code of Georgia Annotated, relating to sterilization of mentally incompetent persons, is amended by striking in its entirety paragraph (6) of subsection (c) and inserting in its place a new paragraph (6) to read as follows:
'(6) An Except as provided in Article 6 of Chapter 9 of Title 15, an appeal to the superior court may be had by the applicant or person alleged to be subject to this Code section or by any other interested party on such judgment in the probate court as provided in other cases by the laws of this state. The proceedings before the supe rior court shall constitute a trial de novo and upon application of either party shall be heard before a jury. If the person alleged to be subject to this Code section requests that the trial be closed to the public, the judge shall close the trial to the public unless an overriding or compelling reason can be shown as to why such trial should not be closed to the public. The ruling by the judge whether to open the trial to the public or not shall be in writing. Any decision of the superior court in such cases may be appealed to the higher courts of this state as in other civil cases. The cost of appeal, if any, to the superior and higher courts shall be taxed as in other civil cases. The pendency of any appeal shall stay the proceedings in the probate court until the appeal is finally determined. Affidavits in forma pauperis regarding court costs and costs of appeal may be filed as in other cases made and provided by the laws of this state; and'.
Section 11. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking in its entirety Code Section 37-3-150, relating to the

FRIDAY, MARCH 7, 1986

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rights of mentally ill patients to appeal orders, and inserting in its place a new Code Section 37-3-150 to read as follows:
'37-3-150. The patient, his representatives, or his attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held2 except as other wise provided in Article 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be made in the same manner as appeals from the probate court to the superior court, except that the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as provided by law but shall be heard as expeditiously as possible. The patient must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he is unable to pay costs. The patient shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court as provided by law. The patient shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for him by the court.'
Section 12. Said title is further amended by striking in its entirety Code Section 37-4-110, relating to the rights of certain mentally retarded persons to appeal orders, and inserting in its place a new Code Section 37-4-110 to read as follows:
'37-4-110. The client, his representatives, or his attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held2 except as otherwise provided in Article 6 of Chapter 9 of Title 15, and may appeal any order of the juve nile court rendered in a proceeding under this chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be made in the same man ner as appeals from the probate court to the superior court, except that the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as provided by law but shall be heard as expeditiously as possible. The client must pay all costs upon filing any appeal author ized under this Code section or must make an affidavit that he is unable to pay costs. The client shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court as provided by law. The client shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for him by the court.'
Section 13. Said title is further amended by striking in its entirety Code Section 37-7-150, relating to the rights of alcoholic or drug abusing patients to appeal orders, and inserting in its place a new Code Section 37-7-150 to read as follows:
'37-7-150. The patient, his representatives, or his attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was heldj except as other wise provided in Article 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be made in the same manner as appeals from the probate court to the superior court, except that the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as provided by law but shall be heard as expeditiously as possible. The patient must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he is unable to pay costs. The patient shall retain all rights of review of any order of the superior

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court, the Court of Appeals, and the Supreme Court, as provided by law. The patient shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for him by the court.'
Section 14. Said title is further amended by striking in its entirety subsection (j) of Code Section 37-8-34, relating to the involuntary commitment of alcoholics, and inserting in its place a new subsection (j) to read as follows:
'(j) The court shall inform the person whose commitment or recommitment is sought of his right to contest the application, appeal te the superior eewrt, be repre sented by counsel at every stage of any proceedings relating to his commitment and recommitment, and have counsel appointed by the court or provided by the court if he wants the assistance of counsel and is unable to obtain counsel. If the court believes that the person needs the assistance of counsel, the court shall require counsel for him, by appointment if necessary, regardless of his wishes. The person whose commitment or recommitment is sought shall be informed of his right to be examined by a licensed physician of his choice. If the person is unable to obtain a licensed physician and requests examination by a physician, the court shall employ a licensed physician.'
Section 15. Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals in cases involving certain motor vehicle and traffic offenses, is amended by striking Code Section 40-13-28, relating to appeal to the superior courts, in its entirety and inserting in lieu thereof a new Code Section 40-13-28, to read as follows:
'40-13-28. Any defendant convicted under this article shall have the right of appeal to the superior court. The provisions of Code Sections 5-3-29 and 5-3-30 shall not apply to appeals under this Code section. Otherwise, the appeal shall be entered as appeals are entered from the probate court to the superior court, provided that the defendant shall be entitled to bail and shall be released from custody upon giving the bond as is provided for appearances in criminal cases in the courts of this state. Such bond shall have the same conditions as appearance bonds in criminal cases. The hear ing m The appeal to the superior court shall not be a de novo investigation and all proceedings shall fee as provided by law before a jury but shall be on the record of the hearing as certified by the judge of that court who presided at the hearing below.'
Section 16. Code Section 44-9-59 of the Official Code of Georgia Annotated, relat ing to procedures for the removal of obstructions to a private way, is amended by strik ing in its entirety subsection (b) and inserting in its place a new subsection (b) to read as follows:
'(b) Either Except as otherwise provided in Article 6 of Chapter 9 of Title 15, either party who is dissatisfied with the judgment of the judge of the probate court pursuant to subsection (a) of this Code section may appeal to the superior court as a matter of right.'
Section 17. Article 8 of Chapter 4 of Title 49 of the Official Code of Georgia Anno tated, relating to personal representatives to manage assistance payments, is amended by striking in its entirety Code Section 49-4-172, relating to appeals from orders appointing or removing personal representatives, and inserting in its place a new Code Section 49-4-172 to read as follows:
'49-4-172. frost Except as otherwise provided in Article 6 of Chapter 9 of Title 15. from the order of the court appointing or removing such personal representative, an appeal may be had to the judge of the superior court, who shall hear the matter de novo without a jury.'
Section 18. Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and the administration of estages, is amended by striking in its entirety subsec tion (a) of Code Section 53-3-22, relating to the approval of certain settlement agree ments, and inserting in its place a new subsection (a) to read as follows:

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'(a) Any Except as otherwise provided in Article 6 of Chapter 9 of Title 15, any judge of the superior courts, on appeal, on the issue of devisavit vel non (will or no will) may approve a settlement agreement between all parties, under which probate is granted or denied, providing for a disposition of property contrary to the terms of a will. Any settlement agreement which provides for the sustaining of the caveat or the disposition of the property contrary to the terms of the will must be approved by a judge of the superior courts after a hearing, notice of which shall be given as the court may direct, at which evidence is introduced and at which the judge finds as a matter of fact that the caveat is meritorious.'
Section 19. Said title is further amended by striking in its entirety Code Section 53-3-23, relating to rights of executors to recover expenses if a will is refused probate, and inserting in its place a new Code Section 53-3-23 to read as follows:
'53-3-23. Those who are named as executors in purported wills of decedents shall be entitled to recover expenses from the estate of the decedent, including reasonable attorney's fees if the services of an attorney are employed for offering wills for probate in solemn or common form, even if the will is subsequently determined not to be the valid will of the testator. However, such person shall not be entitled to recover from the estate the expenses and attorney's fees incurred in the effort to sustain the will in the event of a contest unless the person proceeds in good faith. The probate court shall determine, upon the petition of a person named as executor, the amount of expenses and the amount to be paid the attorney so employed, and its order shall be subject to appeal te the superior court as is provided in other cases.'
Section 20. Said title is further amended by striking in its entirety subsection (d) of Code Section 53-5-21, relating to applications for approval of conveyances or encum brances, and inserting in its place a new subsection (d) to read as follows:
'(d) An appeal shall lie te the superior court in the manner, under the restrictions, and with the effect provided for appeals from the judge of the probate court in other

Section 21. Said title is further amended by striking in its entirety subsection (b) of Code Section 53-7-97, relating to procedures in certain actions to compel the making of title, and inserting in its place a new subsection (b) to read as follows:
'(b) When objections in writing are filed in the office of the judge of the probate court, it shall be the duty of the judge to hear evidence as to whether or not the conditions of the bond or contract for the sale of land have been complied with by the payment of the purchase money and to grant an order requiring the title to be made or not, as he may think the principles of justice may require. Either party, if dissatisfied with the decision, may appeal te the superior eewt upon the same terms as appeals are granted in other cases.'
Section 22. Said title is further amended by striking in its entirety Code Section 53-7-187, relating to objections and appeals in intermediate final reports, and inserting in its place a new Code Section 53-7-187 to read as follows:
'53-7-187. At or before the time fixed for hearing, any parties at interest may file objections to the fiduciary's report, actions, and accounting, in which case the hearing on the accounting shall be automatically continued until the next regular term of the probate court, when, subject to the court's power to grant continuances, the same shall be heard as other cases pending in the court, with like right of appeal to the superior court; in such case, an appeal by consent may be taken to the superior court. Such appellate procedures shall not apply to cases provided for by Article 6 of Chapter 9 of Title 15. The parties at interest who have been regularly served as provided in sub section (c) of Code Section 53-7-184 and who have filed no objections to the report and accounting need not be served with notice of an appeal or any other or further proceedings, and their consent shall not be required for an appeal to the superior court.'

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Section 23. Said title is further amended by striking in its entirety Code Section 53-8-42, relating to appeals from orders regarding private conveyances of rights of way and easements, and inserting in its place a new Code Section 53-8-42 to read as follows:
'53-8-42. An appeal shall lie te the superior eewt in the manner, under the restric tions, and with the effect provided for appeals from the probate court in other cases.'
Section 24. Said title is further amended by striking in its entirety Code Section 53-9-26, relating to the final return of conservators on the reappearance of a missing person, and inserting in its place a new Code Section 53-9-26 to read as follows:
'53-9-26. If, at any time before the missing person has been declared legally dead by a competent court in a proceeding brought for that purpose, the missing person reappears, the conservator shall thereupon and within 60 days after demand by the missing person make a final return to the judge of the probate court. Upon approval of the final return by the judge, he shall pay over and deliver all of the funds and property in his hands to the missing person. The missing person, as well as the con servator, shall have the right to appeal from any decision of the judge of the probate court approving or disapproving the final return^ te the superior court ef the county, in the manner provided by law.'
Section 25. This Act shall become effective July 1, 1986, and shall apply to all cases filed on or after such date.
Section 26. All laws and parts of laws in conflict with this Act are repealed.".

Representative Chambless of the 133rd moved that the House agree to the Senate substitute, as amended by the House, to HB 1367.
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 YAuten Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn
Birdsong Y 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 Childers

Y Childs Y Clark.B
Clark,L Y Colbert Y Coleman Y Colwell
Connell
Y Cooper Y Copelan Y Couch YCox
Crawford Y Crosby
Cummings
Daugherty Y Davis YDean Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin
Y Greene Y 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 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
Y Lupton Y Maddox
Mangum
Y Martin.C Y Martin,J Y Matthews Y McDonald

On the motion, the ayes were 145, nays 0.

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 Y Parham
Parrish Patten Peters Y 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.P
Boss Y Royal Y Russell
Y Selman

Y Shepard Y Sherrod Y Sinkfield Y Sizemore
Y Smith.L Y Smith.P
Smith.T YSmyre YSnow Y Stancil
Stein berg 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
Williams.R Y Wilson Y Wood Y Workman Y Yeargin
Young Murphy ,Spkr

FRIDAY, MARCH 7, 1986

2583

The motion prevailed.

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

Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority, the following Bill of the House:

HB 264. By Representative Barnett of the 59th:
A bill to amend Chapter 10 of Title 25 of the Official Code of Georgia Anno tated, relating to regulation of fireworks, so as to permit the sale of certain types of fireworks; to provide for definitions; to provide for the licensing of manufacturers, distributors, and retailers of fireworks; to provide for the regulation of the manufacture and sale of fireworks by the state fire marshal.

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

SB 267. By Senators Howard of the 42nd, Fincher of the 54th, and Kidd of the 25th:
A bill to amend Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of pharmacists, so as to provide for license expiration and renewal and to require pharmacists to obtain continuing pharmaceutical education as a condition for renewing their pharmacist license; to provide for approved correspondence courses.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 267

The Committee of Conference on SB 267 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 267 be adopted.

Respectfully submitted,

FOR THE SENATE:
M Kyle T. Cobb Senator, 28th District
/s/ Culver Kidd Senator, 25th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ ?RleUprCeosePntearti.ve, 20thL ,,D.istri.ct /s/ Bobby E. Parham
Representative, 105th District

/s/ Wayne Garner Senator, 30th District

Is/ Ralph Twiggs Representative, 4th District

A BILL
To amend Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of pharmacists, so as to provide for license expiration and renewal and to require pharmacists to obtain continuing pharmaceutical education as a condition for renewing their pharmacist license; to provide for approved correspondence

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JOURNAL OF THE HOUSE,

courses; to repeal certain provisions relating to continued education certificates; to provide for inactive status licenses; to provide that persons granted inactive status shall be exempt from continuing pharmaceutical education requirements; to change the expiration period for pharmacy intern licenses; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of pharmacists, is amended by striking subsection (b) of Code Section 26-4-76, relating to biennial registration of pharmacists and continuing education for pharmacists, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The be*fd shaB establish a program for the certification ef pharmacists who eteet te participate m prescribed courses ef continuing education and whe meet the minimum qualifications for saeh certification established by the board. Ne renewal certificate ef continuing education certification shall be issued All licenses issued under this part shall be valid for up to two years and shall be renewable biennially. The board shall establish a program of continuing professional pharmaceutical education for the renewal of pharmacist licenses. Notwithstanding any other provision of this part, no pharmacist license shall be renewed by the board or the joint-secretary until the appKcant pharmacist submits to the board satisfactory proof of his participation, during the calendar yea* biennium preceding the year ef his application for renewal, in not teas more than the required minimum number ef 30 hours of approved programs of continu ing professional pharmaceutical education, as defined in this Code section. Continuing professional pharmaceutical education shall consist of educational programs providing training pertinent to the practice of pharmacy and approved by the board under this Code section. The board shall approve educational programs for persons practicing phar macy in this state on a reasonable nondiscriminatory fee basis and may contract with institutions of higher learning, professional organizations, or qualified individuals for the providing of approved programs. In addition to such programs, the board shall allow the continuing professional pharmaceutical education requirement to be fulfilled by the completion of approved correspondence courses which provide the required hours of approved programs of continuing professional pharmaceutical education or to be fulfilled by a combination of approved correspondence courses and other educational programs. The board may, consistent with the requirements of this Code section, promulgate rules and regulations to implement and administer this Code section, including the establish ment of a committee to prescribe standards, approve and contract for educational pro grams, and set the required minimum number of hours per year."
Section 2. Said part is further amended by striking subsection (c) of said Code Section 26-4-76 and inserting in lieu thereof a new subsection (c) to read as follows:
\c) if tne penewfll tee top sny pnsrmflcist & continued educfttion remsin unpfttu fts of the pen&lty d&te estQDlisnod oy tne joint - secpetftpy, trie tnepeol in&y be peinststed fts & COR*inued educfltion certified registered pnftrmftcist only upon tne pftyment ot ft penflity tee nt &n flmount estflD1isned oy tne oo&pd &nd ALL iflpsed fees ad upon preef ef compliance with this Code section tatA aH ether provisions ef this ens.pierj Wnien ppoot snftii oft sfltistftctopy to tfee' twflPd. Actufll PCtiremeHT tPOHt tnc profession uy flny pe^istered pnctpmftc191 top ft pepiod not exceeding live ycftps snsil not deprive nim IPOMY tne Pi^nt to penew nis cer11ficstion upon tne psyment ot &n iflpsed
sienal pharmaceutical education for each calendar year ef retirement, and upon proof f compliance with this chapter. The board shall by regulation provide for an inactive status license for those individuals who elect to apply for such status. Persons who are granted inactive status shall be exempt from the requirements of continuing pharma ceutical education."
Section 3. Said part is further amended by striking Code Section 26-4-77, relating to pharmacy interns, and inserting in lieu thereof a new Code section to read as follows:

FRIDAY, MARCH 7, 1986

2585

"26-4-77. Any student in, or who has been accepted for admission to, any generally recognized school or college of pharmacy, and who has completed the prepharmacy requirements, may register with the board and may be licensed as a pharmacy intern. Licenses issued under this Code section shall bear the date thereof and shall be valid for up to two five years. Licenses which shall expire by lapse of time may be renewed upon application, unless at the time of expiration there shall be pending before the board proceedings to suspend or revoke such license. A pharmacy intern may compound, mix, or dispense drugs and medicines or poisons only under the immediate supervision of a pharmacist."
Section 4. Sections 1 and 2 of this Act shall become effective January 1, 1987, but the remaining sections of this Act shall become effective upon the approval of this Act by the Governor or upon this Act's becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Cooper of the 20th moved that the House adopt the report of the Committee of Conference on SB 267.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Adams.G Adams,M Aiken Y Alford Y Alien Y Anderson Argo Y Athon Y Atkins Y Auten Bailey Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M Beck Benefield Benn Birdsong Bishop Y Bolster Bostick
Branch
Bray Brooks Y Brown.G Buck Burruss YByrd Carter Y Chambless Y Chance Y Cheeks Y Childers

Y Childs
Clark.B Clark,L Y Colbert
Y Coleman Y Colwell
Connell Y Cooper Y Copelan Y Couch YCox
Crawford Y Crosby
Cummings Daugherty Davis Dean Y Dixon Y Dobbs Y Dover Dunn Y 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

Heard YHill
Holcomb
Y Holmes Y Hooks
Home Y Hudson Y Isakson
Jackson,J Y Jackson.N Y Jamieson Y Johnson.D
Johnson.F Johnson.R Y Johnson.S Y Kilgore Y Kingston Lane.D Y Lane,R Y Lawler Y Lawrence Lawson Lee.C Lee.W Y Under YLogan YLong
YLord Lucas
Y Lupton Maddox
Y Mangum Y Martin.C Y Martin,J
Matthews McDonald

On the motion, the ayes were 107, nays 0. The motion prevailed.

Y McKelvey McKinney
Y Milam Y Milford
Moody Moore Y Morton Mostiler Y Moultrie Y Mueller Y Oliver.C Y Padgett Y Pannell YParham Y Parrish Patten Peters Y Pettit Phillips
Pinkston
Y Porter
Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
Ray Y Reaves
Redding Y Richardson Y 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 YSmyre YSnow Y Stancil
Stein berg Thomas.C Y Thomas.M Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Walker.L Y Wall Ware Watson Watts White Wilder
Williama.B
WilliamsJ
Williams.R
Y Wilson
Y Wood
Y Workman
Y Yeargin
Young
Murphy,Spkr

Representative Davis of the 45th 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 Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

2586

JOURNAL OF THE HOUSE,

HB 264. By Representative Barnett of the 59th:
A bill to amend Chapter 10 of Title 25 of the Official Code of Georgia Anno tated, relating to regulation of fireworks, so as to permit the sale of certain types of fireworks; to provide for definitions; to provide for the licensing of manufacturers, distributors, and retailers of fireworks; to provide for the regulation of the manufacture and sale of fireworks by the state fire marshal.

The following Senate substitute was read:

A BILL
To amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fireworks, so as to change the definition of the term "fireworks"; to provide for the payment of annual license fees to the Safety Fire Commissioner; to author ize and direct the Safety Fire Commissioner to promulgate safety regulations relating to the manufacture, storage, and transportation of fireworks within this state; to authorize and direct the Safety Fire Commissioner to conduct periodic inspections; 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 25 of the Official Code of Georgia Annotated, relating to the regulation of fireworks, is amended by striking Code Section 25-10-1, relating to the definition of the term "fireworks," in its entirety and substituting in lieu thereof a new Code Section 25-10-1 to read as follows:
"25-10-1. As used in this chapter, the term 'fireworks' means any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, including blank cartridges, balloons requiring fire under neath to propel them, firecrackers, torpedos, skyrockets, Roman candles, bombs, spar klers, and other combustibles and explosives of like construction, as well as articles containing any explosive or flammable compound and tablets and other devices contain ing an explosive substance. The term 'fireworks' shall not include model rockets and model rocket engines, designed, sold, and used for the purpose of propelling recoverable aero models, toy pistol paper caps in which the explosive content does not average more than 0.25 grains of explosive mixture per paper cap nor toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps; nor shall the term 'fireworks' include ammunition consumed by weapons used for sporting and hunting purposes."
Section 2. Said chapter is further amended by striking Code Section 25-10-5, relating to the annual license fee for the manufacture, storage, and transportation of fireworks; promulgation of safety regulations; and conduct of inspections, in its entirety and substi tuting in lieu thereof a new Code Section 25-10-5 to read as follows:
"25-10-5. The annual license fee for any person, firm, or corporation conducting busi ness in this state under paragraph (4) of Code Section 25-10-3 shall be $1,000.00 per year, payable to the Fiscal Division ef the Department ef Administrative Services Safety Fire Commissioner. The license shall expire on December 31 of each year. The Inapcctien Division ef th Department ef Labor Safety Fire Commissioner is authorized and directed to promulgate safety regulations relating to the manufacture, storage, and transportation of fireworks within this state in order to ensure the adequate protection of the employees of any such person, firm, or corporation and of the general public. The state fire marshal Safety Fire Commissioner is further authorized and directed to con duct periodic inspections of the facilities of any person, firm, or corporation manufac turing, storing, and transporting fireworks as provided in paragraph (4) of Code Section 25-10-3 in order to ensure compliance with fire safety rules and regulations."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

FRIDAY, MARCH 7, 1986

2587

Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Barnett of the 59th moved that the House agree to the Senate substi tute to HB 264.
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
Balkcom
Y Bannister Y Bargeron
Y Barnett.B Y Barnett.M
Beck Y Benefield
Benn Birdsong Bishop Y Bolster
Y Bostick Y Branch
Bray
Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter
Chambless
Y Chance Y Cheeks
Y Childers

Y Childs Clark.B 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
Dunn Y Edwards Y Felton Y Floyd
Y Foster Y Galer Y Godbee Y Goodwin Y Greene Y Greer
Groover Y Hamilton
Hanner Y Harris Y Hasty YHays

Y Heard
YHill Holcomb
Y Holmes Y Hooks Y Home Y Hudson Y Isakson
Jackson,J Y Jackson.N Y Jamieson Y Johnson.D Y Johnson.F Y Johnson,R Y Johnson,S Y Kilgore Y Kingston
Y Lane,D Y Lane,R Y Lawler
Y Lawrence Lawson Lee.C
Y Lee,W Y Under
YLogan YLong YLord Y Lucas Y Lupton Y Maddox Y Mangum Y Martin.C Y Martin,J
Y Matthews Y McDonald

On the motion, the ayes were 144, nays 0. The motion prevailed.

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
Parrish Patten Y Peters Y Pettit Phillips Pinks ton Y Porter Y Rainey Y Ramsey.T Y Ramsey.V
Y Randall Y Ransom YRay
Y Reaves Redding
Y Richardson Y Robinson,C Y Robinson.P YRoss Y Royal Y Russell Y Selman

Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L
Y Smith.P Smith.T
Y Smyre YSnow Y Stancil Y 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
Y Watson Y Watts
White Wilder Y Williams.B Y Williams,J Williams.R Y Wilson Y Wood Y Workman Y Yeargin Young Murphy.Spkr

HB 1917. By Representatives Jackson of the 9th, Murphy of the 18th, Porter of the 119th and Yeargin of the 14th:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Anno tated, relating to revocations of licenses of habitual violators, so as to change the time period during which moving traffic violations will be considered for the purpose of determining habitual violator status.

The following Senate substitute was read:

A BILL
To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide that the department shall require any person applying for renewal of a Georgia driver's license to take and pass successfully certain examinations; to change the time period during which moving traffic violations will be considered for the purpose of determining habitual violator status and to change the definition of a habitual violator; to amend Code Section 40-6-391.1 of the Official Code of Georgia Annotated,

2588

JOURNAL OF THE HOUSE,

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 mini mum contents and requirements for the defendant's verified petition seeking the accept ance of a plea of nolo contendere; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses is amended by striking subsection (b) of Code Section 40-5-32, relating to expiration and renewal of drivers' licenses and reexaminations in connection therewith, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The department shall require every person applying for renewal of a Georgia driver's license to take and pass successfully such test of his eyesight as the department shall prescribe^ and may, upon reasonable cause being demonstrated to the authorized license examiner that the applicant's ability to operate safely a motor vehicle may be impaired, require the applicant to take and pass successfully an examination consisting of an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or general class of vehicles for which such person desires a driver's license. At the time of the renewal, the department shall issue a pamphlet containing information pertaining to new traffic laws and to traffic laws most frequently violated. The board may issue such rules and regulations as are neces sary to implement this subsection."
Section 2. Said chapter is further amended by striking subsection (a) of Code Section 40-5-58, relating to revocations of licenses of habitual violators, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) As used in this Code section, 'habitual violator' means any person who has been arrested and convicted within the United States:
(1) Three or more times within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, of:
(A) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;
(B) Homicide by vehicle in the first or second degree; (C) Committing any offense covered under Code Sections 40-6-391 through 40-6-395 or of violating a federal law or regulation or the law of any other state or of a valid municipal or county ordinance substantially conforming to any offense covered under Code Sections 40-6-391 through 40-6-395; (D) Operating a vehicle after cancellation, suspension, or revocation of his operator's license under any law of this state or any law of any other state or any valid municipal or county ordinance substantially conforming to or paralleling the law of this state; (E) Making a false affidavit to the department or under any law of this state requiring the registration of motor vehicles or regulating their operation on the highways or making a false statement to the department on any application for an operator's license; (F) Using a fraudulent or fictitious license; (G) While in a motor vehicle, fleeing or attempting to elude a police officer; (H) Any crime punishable as a felony under this chapter or any other felony in the commission of which a motor vehicle is used; (I) Failure to stop and disclose his identity at the scene of the accident on the part of a driver of a motor vehicle involved in an accident resulting in damage to the property of another or resulting in the death of, or injury to, another; or (J) Singularly or in combination, any of the offenses described in subparagraphs (A) through (I) of this paragraph, both inclusive; or (2) Fifteen or more times within a five-year three-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, of moving traffic offenses

FRIDAY, MARCH 7, 1986

2589

as contained in Chapter 6 of this title? including these covered in paragraph (i> of th subsection, or in the law of any other state, or in a valid municipal or county ordi nance substantially conforming to or paralleling a similar law of Georgia, which offenses are required to be reported to the department, and the commission of which offenses, singularly or in combination with any other offense or offenses, statutorily requires the cancellation, suspension, or revocation of any operator's license by the department, or the commission of which offenses, singularly or in combination with any other offense or offenses, authorizes a court or the department to impose suspen sion or revocation of a driver's license."
Section 3. Code Section 40-6-391.1 of the Official Code of Georgia Annotated, relat ing 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, is amended by strik ing subsection (b) of said Code section and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) If the defendant has not been convicted of or had a plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years and if the plea of nolo contendere shall be used as provided in subparagraph (b)(l)(A) of Code Section 40-5-70, no such plea shall be accepted unless, at a minimum, the following conditions are met:
(1) The defendant has filed a verified petition with the court requesting that such plea be accepted and setting forth the facts and special circumstances necessary to enable the judge to determine that accepting such plea is in the best interest of justicet andj at a minimum, such petition shall include the following information:
(A) The defendant's full name and date of birth; (B) A statement as to whether the defendant is married or single and whether or not he or she has any legal dependents; (C) The name of the defendant's employer, the nature of the defendant's job responsibilities, the length of time so employed, and the distance from the defendant's home to his or her place of employment; (D) An assertion that the defendant has not been convicted of or had a plea of nolo contendere accepted to a charge of driving under the influence of alcohol or drugs in Georgia or any other state in the United States within the previous five
(E) An assertion that the defendant's driver's license has not been suspended or revoked within the preceding five years or, if there was such a suspension or revoca tion, an explanation of the facts and circumstances attendant thereto;
(F) An assertion that the defendant was covered by valid motor vehicle insur ance as required by Chapter 34 of Title 33 or as otherwise required by law at the time the defendant was charged with a violation of Code Section 40-6-391 or an explanation as to why such coverage was not in effect; and
(G) An assertion as to whether or not a collision was involved at the time the defendant was charged with a violation of Code Section 40-6-391, whether any per sonal injury resulted, and what, if any, action has been taken regarding restitution for any damages; and (2) The judge has reviewed the defendant's driving records that are on file with the Department of Public Safety."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Jackson of the 9th moves to amend the Senate substitute to HB 1917 by deleting on page 1, line 2, starting at the word "so" through the word "examinations;" on line 5, and by deleting on page 1, line 9, through the word "contendere;" on line 15, and by deleting Section 1 and Section 3 in its entirety and renumber all sections accord ingly.

2590

JOURNAL OF THE HOUSE,

Representative Jackson of the 9th moved that the House agree to the Senate substi tute, as amended by the House, to HB 1917.
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
Balkcom Y Bannister
Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield
Benn
Birdaong Bishop Bolster Y Bostick Y Branch Bray Brooks Y Brown.G YBuck Burruss YByrd
Y Carter Chambless
Y Chance Y Cheeks Y Childers

Y Childs Y 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 Diion Y Dobbs Y Dover
Dunn Y Edwards
Felton Y Floyd
Y Foster Y Galer YGodbee
Y Goodwin Y Greene YGreer
Groover Y Hamilton
Manner Y Harris Y Hasty YHays

Y Heard YHill
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 YLane,D Y Lane.R Y Lawler Y Lawrence
Lawson
Lee,C YLee,W
Y Linder YLogan YLong YLord
Lucas Y Lupton Y Maddox Y Mangum Y Martin,C YMartin.J Y Matthews
Y McDonald

On the motion, the ayes were 139, nays 0. The motion prevailed.

Y McKelvey
McKinney Y Milan Y Milford Y Moody Y Moore
Y Morton Y Mostiler Y Moultrie Y Mueller
Oliver.C Y Padgett Y Pannell YParham
Parrish Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Porter YRainey YRamsey.T
YRamsey.V YRandall
Ransom YRay Y Reaves Y 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.P Smith,T
Y Smyre YSnow Y Stancil Y Steinberg
Thomas,C Y Thomas.M Y Thompson Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep
Walker.C Y Walker,L Y Wall
Ware
Y Watson Y Watts
White Wilder Y Williams.B Y Williams.J Y Williams.R Wilson YWood Workman Y Yeargin Young
Murphy,Spkr

Representative Bolster of the 30th arose to a point of personal privilege and addressed the House.

Representative Ramsey of the 155th arose to a point of personal privilege and addressed the House.

Representative Johnson of the 21st arose to a point of personal privilege and addressed the House.

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

Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

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:

FRIDAY, MARCH 7, 1986

2591

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.

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

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 President has appointed on the part of the Senate the following: Senators Bowen of the 13th, Cobb of the 28th and Reddish of the 6th.

The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:

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.

The following Senate amendments were read:

Senate Amendment No. 1: Amend HB 1503 by striking from lines 5 through 7 of page 2 the following: "or to any insurance policy providing coverage for farming or agricultural operations." By adding a period (.) on line 5 of page 2 after the word "policies".

Senate Amendment No. 2:
Amend HB 1503 by adding on line 10 of page 1 after the word and semicolon "pay ments;" the following:
"to provide that certain policies of accident and sickness insurance issued, delivered, or issued for delivery in this state which provides specific benefits for the treatment of alcoholism or drug addiction shall not exclude the payment or reimbursement of such covered hospital or medical service benefits to a hospital duly licensed in this state solely because such hospital specializes in the treatment of alcoholics or drug addicts and is operated primarily for the treatment of such persons;".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.

2592

JOURNAL OF THE HOUSE,

By adding a new Section 2 to read as follows:
"Section 2. Said chapter is further amended by adding a new Code Section 33-24-28.3 following Code Section 33-24-28.2 to read as follows:
'33-24-28.3. No policy of accident and sickness insurance, other than a policy of accident and sickness insurance issued in connection with an extension of credit, which is issued, delivered, or issued for delivery in this state by an insurer, nonprofit medical service plan, nonprofit hospital service plan, health care plan, fraternal benefit society, or health maintenance organization authorized to transact insurance in this state and which provides specific benefits for the treatment of alcoholism or drug addiction, shall exclude the payment or reimbursement of such covered hospital or medical service benefits which would otherwise be payable to a hospital duly licensed in this state solely because such hospital specializes in the treatment of alcoholics or drug addicts and is operated primarily for the treatment of such persons.'"
Representative Wood of the 9th moved that the House agree to the Senate amend ments to HB 1503.
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 Y Argo Y Athon Y Atkins YAuten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Birdsong Bishop Y Bolster Y Bostick Y Branch
Bray
Y Brooks
Y Brown.G
YBuck Burruss
YByrd Y Carter Y Chambless Y Chance Y Cheeks Y Childers

Y Childs Y Clark.B
Clark.L Y Colbert
Coleman Colwell 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 Y Galer Y Godbee 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
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 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

On the motion, the ayes were 147, nays 0. The motion prevailed.

Y McKelvey McKinney
Y Milam Y Milford Y Moody Y Moore Y Morton Y Mostiler
Moultrie Y Mueller
Y Oliver.C Y 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
Russell
Y Selman

Y Shepard Y Sherrod Y Sinkfield Y Sizemore Y Smith.L Y Smith.P
Smith.T YSmyre YSnow Y Stancil
Steinberg Y Thomas.C
Thomas.M Y Thompson Y Townsend Y Triplett
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 Y Workman Y Yeargin
Y Young Murphy,Spkr

The following Resolutions of the House were read and adopted:

HR 1002. By Representatives Rainey of the 135th, Hays of the 1st, Russell of the 64th, Connell of the 87th, Wood of the 9th and others:
A resolution congratulating Honorable Robert G. Peters.

FRIDAY, MARCH 7, 1986

2593

HR 1003. By Representative Byrd of the 153rd: A resolution commending Carol Elizabeth Clapp-Whiddon.

HR 1004. By Representative Morton of the 47th: A resolution honoring Ray Bradbury and welcoming him to Georgia.

HR 1005. By Representative Thomas of the 31st: A resolution commending Louise Brown.

HR 1006. By Representatives Martin of the 26th and Bolster of the 30th: A resolution commending the Henry W. Grady High School Lady Knights.

HR 1007. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th, Connell of the 87th, Cummings of the 17th and others:
A resolution commending Pete Hackney, Robert Hobbs, and the staff of the Legislative Budget Office.

HR 1008. By Representatives McDonald of the 12th, Murphy of the 18th, Burruss of the 20th and Logan of the 67th:
A resolution commending the staff of the Office of Legislative Counsel.

HR 1009. By Representatives Alford of the 57th, Mangum of the 57th and Athon of the 57th:
A resolution commending Mr. L. Edward Lovings.

HR 1010. By Representatives Alford of the 57th, Mangum of the 57th and Athon of the 57th:
A resolution commending Mr. John Lawson.

HR 1011. By Representatives Alford of the 57th, Mangum of the 57th and Athon of the 57th:
A resolution commending Mr. Allison Venable.

HR 1012. By Representatives Ramsey of the 155th, Isakson of the 21st, Colbert of the 23rd, Cox of the 141st, Barnett of the 59th and others:
A resolution commending Honorable Dean Auten.

HR 1013. By Representatives Adams of the 79th, Smith of the 78th, Waldrep of the 80th and Childs of the 53rd:
A resolution relative to the United States Department of Energy's consider ation of an area in Upson County, Lamar County, and Monroe County for the location of a high-level radioactive waste repository.

The following Resolution of the House was read:

2594

JOURNAL OF THE HOUSE,

HR 1014. By Representative Murphy of the 18th:

A RESOLUTION Amending H.R. 1001, relative to adjournment; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that H.R. 1001 is amended by striking "6:00" and inserting in lieu thereof "6:30".
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron Adams,G Adams.M
Y Aiken Alford
Y Alien Anderson
Y Argo Y Athon Y Atkins
Auten Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M
Beck Y Benefield YBenn
Birdsong Bishop N Bolster Y Bostick Y Branch Bray Y Brooks Y Brown.G YBuck Y Burruss YByrd Y Carter Chambless Y Chance Y Cheeks Y Childers

N Childs Clark.B Clark.L
Y Colbert Coleman
Y Colwell Y Connell Y Cooper Y Copelan Y Couch YCox Y Crawford
Crosby Y Cummings
Daugherty Y Davis
Dean Dixon Y Dobbs Y Dover Dunn Y Edwards Felton Y Floyd Y Foster Y Galer 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 Y Home Y Hudson Y Isakson
Jackson,J Y Jackson.N Y Jamieson Y Johnson,D Y Johnson.F Y Johnson,R Y Johnson.S Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Lawler Y Lawrence N Lawson YLee.C Y Lee.W Y Linder Y Logan
Long Lord Y Lucas Y Lupton 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 N Pannell Y Parham
Parrish Patten Y Peters N Pettit Phillips Y Pinkston Y Porter Y Rainey Ramsey.T Y Ramsey.V Randall Ransom YRay Y Reaves Y Redding N Richardson N Robinson.C Y Robinson.P YRoss Y Royal Y Russell Y Selman

On the adoption of the Resolution, the ayes were 129, nays 9. The Resolution was adopted.

Y Shepard Y Sherrod
Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smyre YSnow Y Stancil
Steinberg Thomas.C Y Thomas.M Y Thompson Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Y Watson N Watts White Y Wilder Y Williams.B 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 rejected the report of the second Committee of Conference on the following Bill of the House:

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.

The Speaker Pro Tern assumed the Chair.

FRIDAY, MARCH 7, 1986

2595

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

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.

Representative Lee of the 72nd moved that the second Committee of Conference be dissolved and that a third 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 third Committee of Conference on the part of the House the following members:
Representatives Lee of the 72nd, Walker of the 115th and Connell of the 87th.

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

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.

The report of the third Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1550

The Committee of Conference on HB 1550 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1550 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
Floyd Hudgins Senator, 15th District

FOR THE HOUSE OF REPRESENTATIVES: . . ,,,.,,. T r /s/ William J. Lee Representative, 72nd District
/s/ Larry Walker Representative, 115th District

/s/ Gene Walker Senator, 43rd District

/s/ Jack Connell Representative, 87th District

A BILL
To amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, so as to change the salary of the state auditor; to repeal conflicting laws; and for other purposes.

2596

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of certain state officials, is amended by striking para graph (6) of subsection (a) in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) State auditor...................................................................................68.000.00 60.000.00".
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Lee of the 72nd moved that the House adopt the report of the third Committee of Conference on HB 1550.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G Adams.M
Y Aiken Y Alford
Alien Y Anderson YArgo Y Athon
Atkins
Auten Y Bailey
Balkcom N Bannister Y Bargeron Y Barnett.B Y Barnett.M
Beck Benefleld Benn Birdsong Bishop Y Bolster
Bostick Y Branch
Bray Y Brooks Y Brown,G YBuck
Burruss YByrd
Carter
Y Chambless Y Chance
Y Cheeks N Childers

Childs Y Clark.B
Clark.L Y Colbert
Coleman Y Colwell
Connell Cooper Y Copelan Y Couch YCoi Y Crawford Crosby Y Cummings Daugherty Davis YDean Dixon YDobbs Y Dover
Y Dunn Y Edwards
Felton Y Floyd
Foster Y Galer
Godbee Y Goodwin Y Greene
Greer
Groover Y Hamilton
Hanner Harris Hasty YHays

Heard YHill Y Holcomb Y Holmes Y Hooks YHorne
Hudson Ylsakson Y Jackson,J
Jackaon,N Jamieson
Y Johnson,D Y Johnson,F Y Johnson.R Y Johnson.S
Kilgore Y Kingston YLane,D YLane.R
Lawler Y Lawrence
Y Lawson Le,C Lee,W
Y Linder YLogan YLong
Lord Lucas Lupton Y Maddoi Mangum Martin.C Y MartinJ
Y Matthews McDonald

On the motion, the ayes were 105, nays 5. The motion prevailed.

N McKelvey McKinney Milam Milford
Y Moody
Y Moore YMorton Y Mostiler
Y Moultrie Mueller
Y Oliver.C Y Padgett Y Pannell
YParham Parrish Patten
Y Peters Y Pettit
Phillips Pinkston
Y Porter Y Rainey
Ramsey.T Ramsey.V Randall
N Ransom Ray
Y Reaves
Y Redding 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,P Y Smith.T YSmyre YSnow YStancil
Steinberg Thomas.C Thomas.M Y Thompson Townsend Y Triplett YTwiggs
Y Waddle Y Waldrep
Walker.C Y Walker.L N Wall
Ware Y Watson
Watts White Y Wilder Y WiUiams,B Y Williams^ Williams,R Y Wilson YWood Y Workman Y Yeargin Y Young Murphy,Spkr

The Speaker assumed the Chair.

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

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

FRIDAY, MARCH 7, 1986

2597

inspection station to charge a fee of between $5.00 and $10.00 as determined by the station.
The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1321

The Committee of Conference on HB 1321 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1321 be adopted.

Respectfully submitted,

FOR THE SENATE:
Paul D. Coverdell Senator, 40th District
Pierre Howard Senator, 42nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Tom Crosby, Jr. Representative, 150th District
/s/Billy Milford Representative, 13th District

/s/ W. F. Harris Senator, 27th District

/s/ Lorenzo Benn Representative, 38th District

A BILL
To amend Code Section 40-8-159 of the Official Code of Georgia Annotated, relating to the certification of motor vehicle emission inspection stations, so as to change the provi sions relating to the fee which may be charged for an emission inspection; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-8-159 of the Official Code of Georgia Annotated, relating to the certification of motor vehicle emission inspection stations, is amended by striking paragraph (3) of subsection (d) in its entirety and substituting in lieu thereof a new para graph (3) to read as follows:
"(3) A fee of $6.00 $10.00 shall be charged by each emission inspection station for performance of the emission inspection and emission control equipment inspection required by this part. Such fee does not include any required maintenance. The station may shall be required to remit to the commissioner an administrative fee of 2&t 50$ as a regulatory fee i one-half of which shall be a county administrative fee, for each certif icate of emission inspection issued2 and the commissioner shall remit quarterly the county portion of such administrative fees to the county governing authorities of the counties wherein the inspections were performed;".
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Benn of the 38th moved that the House adopt the report of the Committee of Conference on HB 1321.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M N Aiken
N Alford Y Alien
Anderson

Y Argo Y Athon
N Atkins Y Auten
Y Bailey Balkcom
N Bannister

Y Bargeron Y Barnett,B
N Barnett.M Y Beck
Y Benefield Y Benn
Birdsong

Bishop Y Bolster
Y Bostick Y Branch
Y Bray Y Brooks Y Brown.G

Buck N Burruss
Y Byrd Y Carter
Y Chambless Chance
Y Cheeks

2598

JOURNAL OF THE HOUSE,

Y Childers Y Childs Y Clark.B Y Clark,L Y Colbert Y Coleman Y Colwell
Connell N Cooper Y Copelan Y Couch YCox Y Crawford Y Crosby N Cummings
Daugherty N Davis YDean Y Diion YDobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler Y Godbee
Good win

Y Greene YGreer
Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard YHill Y Holcomb
Holmes Y Hooks YHorne Y Hudson NIsakson Y JacksonJ Y Jackson.N Y Jamieson Y Johnson,D N Johnson,?
Y Johnson,R Y Johnson,S Y Kilgore Y Kingston
Lane,D Y Lane.R N Lawler
Lawrence

YLawson YLee,C YLee.W
Linder 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
Morton Y Mostiler Y Moultrie N Mueller Y Oliver.C Y Padgett Y Pannell
Parham

On the motion, the ayes were 123, nays 20. The motion prevailed.

Parrish Patten Peters Y Pettit Phillips
Y Pinkston Y Porter
Rainey YRamsey.T Y Ramsey.V YRandall Y Ransom
Ray Y Reaves Y Redding
N Richardson Y Robinson.C Y Robinson,P YRoss Y Royal
Russell Selman Shepard YSherrod Y Sinkfield Sizemore Y Smith.L Y Smith,P Y Smith,T

Smyre YSnow Y Stancil
Steinberg Thomas.C Y Thomas,M N Thompson Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker.L
NWall Ware
Y Watson Y Watts
White N Wilder Y Williams,B N Williams.J Y Williams.R N Wilson Y Wood N Workman Y Yeargin Y Young
Murphy,Spkr

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

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 report of the second Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1433

The Committee of Conference on HB 1433 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1433 be adopted.

Respectfully submitted,

FOR THE SENATE:
M Kyle T. Cobb Senator, 28th District
/s/ Rooney L. Bowen Senator, 13th District

FOR THE HOUSE OF REPRESENTATIVES:
Is/ Fred Aiken Representative, 21st District
/s/ Rudolph Johnson Representative, 72nd District

/a/ Riley Reddish Senator, 6th District

/s/ J. C. Maddox Representative, 7th District

FRIDAY, MARCH 7, 1986

2599

A BILL
To amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Anno tated, 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 cus tomers commits the offense of criminal trespass by motor vehicle; to provide for punish ment; to provide for municipal ordinances; 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 2 of Chapter 7 of Title 16 of the Official Code of Georgia Anno tated, relating to the offense of criminal trespass and related offenses, is amended by add ing at the end of Part 1 thereof, relating to general provisions applicable to criminal trespass, a new Code Section 16-7-29 to read as follows:
"16-7-29. (a) A person commits the offense of criminal trespass by motor vehicle when the person, after having been requested by the owner or a law enforcement officer not to do so, parks or stands an occupied or unoccupied motor vehicle in, or repeatedly drives a motor vehicle through or within, a parking area which is located on privately owned property and is provided by a merchant or group of merchants for customers if:
(1) The parking area is identified by at least one conspicuous sign at each entrance which contains the following information in easy to read printing:
(A) Notice of the elements of the crime of criminal trespass by motor vehicle; (B) Identification of the property which is reserved for customers' use only; (C) Identification of the merchant or merchants providing the parking area; and (D) Warning that violators will be prosecuted; and (2) The motor vehicle is parked, is standing, or is being operated other than for the purpose of: (A) Transporting some person to or from the interior of the place of business of a merchant identified by the sign or signs in the parking area; (B) Making use of a telephone, vending machine, or other similar facility located in the parking area; (C) Meeting the requirements of a situation in which it has unexpectedly become impossible or impractical for the motor vehicle to continue to travel on the public roads; or (D) Carrying out an activity for which express permission has been given by the owner of the parking area or an authorized representative of the owner. (b) A person who commits the offense of criminal trespass by motor vehicle shall be guilty of a misdemeanor and shall be punished by a fine: (1) Not to exceed $50.00 for the first such offense; (2) Not to exceed $100.00 for the second such offense; and (3) Not to exceed $150.00 for the third or subsequent such offense. (c) The governing authority of any municipal corporation by ordinance may adopt by reference the provisions of subsection (a) of this Code section without publishing or posting in full the provisions thereof. Any person violating any such ordinance shall be subject to a monetary fine: (1) Not to exceed $50.00 for the first such violation; (2) Not to exceed $100.00 for the second such violation; and (3) Not to exceed $150.00 for the third or subsequent such violation."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Further action on HB 1433 was suspended.

The following Resolutions of the House were read and adopted:

HR 1015. By Representatives Isakson of the 21st, Lupton of the 25th, Johnson of the 72nd, Colbert of the 23rd and Murphy of the 18th:

2600

JOURNAL OF THE HOUSE,

A resolution recognizing Honorable Kiliaen V. R. Townsend.

HR 1016. By Representative Daugherty of the 33rd:
A resolution congratulating and expressing best wishes to Roberta Ingram on the occasion of her 107th birthday.

HR 1017. By Representatives Smyre of the 92nd, Murphy of the 18th, Bishop of the 94th, Lee of the 72nd, Randall of the 101st and others:
A resolution honoring and commending Honorable Douglas C. Dean.

HR 1018. By Representatives Pannell of the 122nd, Chance of the 129th, Waldrep of the 80th, Triplett of the 128th, Mueller of the 126th and others:
A resolution recognizing and honoring the gentleman from the 124th.

HR 1019. By Representatives Childs of the 53rd, Ray of the 98th, Colwell of the 4th, Moultrie of the 93rd and Lord of the 107th:
A resolution urging the United States Congress to take appropriate action to protect owners and users of television satellite dishes.

HR 1021. By Representatives Isakson of the 21st, Atkins of the 21st, Wilder of the 21st, Burruss of the 20th, Wilson of the 20th and others:
A resolution commending Honorable Frank B. Johnson, Representative from the 21st House District, Post 4.

HR 1020. By Representative Colwell of the 4th: A resolution commending the Adolph Coors Company.

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 310. By Representatives Smith of the 152nd, Aiken of the 21st, Goodwin of the 63rd, Mueller of the 126th, Holcomb of the 72nd 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 enact comprehensive provisions requiring notice to parents before abortions are performed on certain minors and incompetents; to provide notice require ments; to provide for certain judicial proceedings regarding objection to such notice.

The Senate has passed by the requisite constitutional majority the following Bills of the House:

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:

FRIDAY, MARCH 7, 1986

2601

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.

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.

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.

The Senate recedes from its amendment to the following Bill of the House:

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 Senate has passed by the requisite constitutional majority the following Bills of the House:

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.

HB 1642. By Representative McKinney of the 35th:
A bill to amend an Act fixing the compensation of the board of commis sioners of counties having a population of 550,000 or more, so as to change the provisions relating to the United States decennial census used for the population classifications of such counties; to change the provisions relating to the compensation of the chairman and other members of the board of commissioners of such counties.

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:

2602

JOURNAL OF THE HOUSE,

A bill to amend an Act creating the Downtown Marietta Development Authority, so as to enlarge the Downtown Marietta District.

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.

HB 1934. By Representative Lawler of the 20th:
A bill to amend an Act reincorporating the City of Marietta, so as to change the qualifications for the office of councilman and provide that a candidate for councilman shall be a resident of the ward from which he seeks election for one year immediately preceding his election.

HB 2012. By Representatives Isakson of the 21st, Johnson of the 21st, Wilson of the 20th, Burruss of the 20th, Wilder of the 21st and others:
A bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, so as to provide for the appointment of members of the authority.

HB 2069. By Representative Aiken of the 21st:
A bill to amend an Act authorizing the establishment of a Civil Service System in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, so as to provide for the withdrawal of certain departments from inclusion under the Cobb County Civil Service System.

HB 2070. By Representative Aiken of the 21st:
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 authority of Cobb County the power to regulate and license businesses and to levy license fees and occupational taxes in the county (Res. Act No. 176).

The Senate has agreed to House amendments to the following Bills and Resolution of the Senate:

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.

SB 412. By Senators Gillis of the 20th, Trulock of the 10th, English of the 21st and others:
A bill to amend Part 1 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the State Forestry Commission, so as

FRIDAY, MARCH 7, 1986

2603

to authorize the commission to establish and maintain a reforestation incen tives program; to provide for findings of the General Assembly; to provide for powers of the commission in establishing and maintaining the reforestation incentives program.

SR 447. By Senators Harrison of the 37th, Tolleson of the 32nd, Brantley of the 56th and others:
A resolution creating the Cobb County Local Governments Study Committee.

SB 553. By Senator Stumbaugh of the 55th:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Anno tated, relating to the regulation of rule making, rates, and related organiza tions, so as to authorize agreements among insurers with respect to the equitable apportionment of certain property and casualty insurance risks; to require that such agreements apportioning property and casualty insurance risks be approved by the Commissioner of Insurance.

SB 306. By Senator Kidd of the 25th:
A bill to amend Chapter 18 of Title 45 of the Official Code of Georgia Anno tated, relating to employees' insurance and benefit plans, so as to authorize the commissioner of personnel administration to establish, equip, and operate day-care center facilities for the purpose of serving children who are mem bers of households of employees of state government; to provide for certain fees and charges.

The Senate has dissolved the Conference Committee and adopted a motion to appoint a second Conference Committee on the following Bill of the House:

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.

The Senate has agreed to the House amendment to the Senate substitute to the following Bills of the House:

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 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.

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:
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

2604

JOURNAL OF THE HOUSE,

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.

HB 1953. By Representatives Murphy of the 18th, Burruss of the 20th, McDonald of the 12th, Phillips of the 120th and Lee of the 72nd:
A bill to amend Code Section 45-9-4 of the Official Code of Georgia Anno tated, relating to state liability insurance and self-insurance, so as to provide for insuring and self-insuring liability of officers of the state for separate insurance and self-insurance in connection with abatement and removal of asbestos and other hazardous materials from state facilities.

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.

The Senate has agreed to the House amendment to the Senate amendment to the following Bill 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.

The Senate has agreed to the House substitute to the following Bills of the Senate:

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 318. By Senator Kidd of the 25th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide for outpatient procedures for determining whether outpatient or inpatient treatment should be ordered for mentally ill persons, alcoholics, drug dependent individuals, and drug abusers.

SB 322. By Senators Kennedy of the 4th, Garner of the 30th, Kidd of the 25th and others:
A bill to amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning salaries and fees of certain public officers and employees, so as to provide that any law enforcement officer or prison quard employed by the State of Georgia who

FRIDAY, MARCH 7, 1986

2605

is injured in the line of duty shall be entitled to his regular compensation for the period of time that the law enforcement officer or prison guard is physically unable to perform the duties of his employment.

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 375. By Senator Kidd of the 25th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, known as the "Georgia Election Code," so as to change the provisions relating to procedures for qualification of candidates generally; to change the provisions relating filing notice of candidacy; to change the provisions relat ing to nomination of candidates by petition.

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 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 490. 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 additional clerks who do not have to be electors of the county in which employed and who may be appointed as deputy registrars for the purpose of registering voters in the county shall be authorized to perform other duties as may be required.

SB 579. By Senators Barnes of the 33rd and Starr of the 44th:
A bill to amend Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia State Financing and Investment Commission Act," so as to provide that the Georgia State Financing and Investment Commission shall be authorized to negotiate the sale of notes and bonds.

The Senate has adopted the report of the Committee of Conference on the following Bills and Resolutions of the House:

2606

JOURNAL OF THE HOUSE,

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.
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.

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.

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.

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.

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 850. By Representatives Chambless of the 133rd, Childers of the 15th, Phillips of the 120th, Watson of the 114th and Reaves of the 147th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the review of all proposed legislation newly regulating a business or a profession.

HB 1607. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to grant exemptions from Henry County School District ad valorem taxation to certain elderly and disabled residents of Henry County; to pro vide the amount of and qualifications for said exemptions; to supersede and

FRIDAY, MARCH 7, 1986

2607

repeal that constitutional amendment relating to homestead exemptions from Henry County School District taxes which is set out at Ga. L. 1982, p. 2515.

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.

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.

HR 593. By Representative Johnson of the 76th: A resolution compensating Wyman Nail, Jr., and Rhonda Nail.

HR 666. By Representative Lupton of the 25th: A resolution compensating Mr. Paul Webb, d.b.a. Kwik Kopy #206.

HR 689. By Representative Kingston of the 125th: A resolution compensating Mr. M. C. Nettles.

The Senate has adopted the report of the third Committee of Conference on the following Bill of the House:

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.

The Senate has adopted the report of the Committee of Conference on the following Bills of the Senate:

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.

2608

JOURNAL OF THE HOUSE,

SB 267. By Senators Howard of the 42nd, Fincher of the 54th, and Kidd of the 25th:
A bill to amend Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of pharmacists, so as to provide for license expiration and renewal and to require pharmacists to obtain continuing pharmaceutical education as a condition for renewing their pharmacist license; to provide for approved correspondence courses.

SB 465. By Senators Howard of the 42nd, Starr of the 44th, Trulock of the 10th and others:
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 change certain provisions relating to the establishment and desig nation of community work experience programs; to change the scope of such programs and require registration and participation therein under certain conditions.

The Senate has adopted the report of the second Committee of Conference on the following Bill of the House:

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.

During this day's proceedings, the Speaker and Speaker Pro Tern alternated presiding in the Chair.

Pursuant to HR 1001, adopted by the House and Senate, the Speaker announced the House adjourned sine die.

INDEX TO JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
REGULAR SESSION
1986
PART I -- ALPHABETICAL TABULATION (House and Senate Bills and Resolutions)
PART II -- NUMERICAL TABULATION (House Bills)
PART III -- NUMERICAL TABULATION (House Resolutions)
PART IV -- NUMERICAL TABULATION (Senate Bills in House)
PART V -- NUMERICAL TABULATION (Senate Resolutions in House)

HOUSE JOURNAL
PART I
HOUSE AND SENATE BILLS AND RESOLUTIONS
ABEBNATHY, DR. RALPH DAVID; invite to House.............................................HR 475 ABORTION; minors or incompetent persons; notices ...................................................HB 310 ACRBE, WALTER RICHARD; commend....................................................................HR 798 ACWORTH, CITY OF
Downtown Development Authority; creation; extend Constitutional Amendment.........................................................................................HB 1690
Mayor and aldermen; compensation.................................................................................SB 541 Mayor and aldermen; election ...........................................................................................SB 592 AD VALOREM TAX Agricultural land fixtures - CA ........................................................................................HR 510 Agricultural property; certain breach of covenant ......................................................HB 1412 Appeal notices; form ..........................................................................................................HB 595 Assessment; existing use....................................................................................................HB 352 Assessment; resulting rate increase................................................................................HB 1615 Certain agricultural improvements; exemption - CA....................................................HR 709 Certain property; exemption...........................................................................................HB 1658 Counties and municipalities; short-term debt; taxable property - CA .........................SR 12 Counties and municipalities; urban enterprise zones - CA..........................................HR 118 Counties and municipalities; urban enterprise zones; provide ....................................HB 642 County board of tax assessors; membership.................................................................HB 1785 County tax officials; annual training requirements.....................................................HB 1488 County tax officials; certain qualifications ...................................................................HB 1378 County tax officials; vacancies; interim appointments ...............................................HB 1480 County tax; municipal downtown development; financial assistance.......................HB 2002 Development districts; tax exemption - CA...................................................................HR 718 Driver education motor vehicle; definition......................................................................SB 474 Electric utilities; allocation .............................................................................................HB 1977
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2612

INDEX

AD VALOREM TAX (Continued) Electric utilities; allocation - CA......................................................................................HR 795 Federal income tax; certain deductions; urge amendment to the United States Constitution..........................................................HR 597 Forsyth County; homestead exemption; elderly ............................................................HB 395 Fraudulent returns; penalties ...........................................................................................HB 845 Historic district; assessments - CA..................................................................................HR 479 Historic Savannah District; freeze certain assessments..............................................HB 1434 Homestead exemption......................................................................................................HB 1676 Homestead exemption; certain disabled veterans.........................................................HB 509 Homestead exemption; elderly and disabled................................................................HB 1179 Homestead exemption; elderly and disabled................................................................HB 1180 House Ad Valorem Property Taxation Study Committee; create ..............................HR 325 Income tax; credit...................................................................................................................HB 9 Increased assessment; Fulton County............................................................................HB 1437 Intangible property; tax exemption .................................................................................HB 922 License plates; prorated registration fee.........................................................................HB 286 License plates; staggered registration; certain counties................................................HB 287 Local governments; limit funding for certain services................................................HB 1649 Local governments; taxation and license fees; transfer schedule..............................HB 1734 Local option sales tax for educational purposes; property tax relief - CA.................................................................................................HR 279 Mobile homes; designation ................................................................................................HB 914 Motor Vehicle Taxation Study Committee; create .......................................................HR 589 Motor vehicles; Prisoner of War; ad valorem tax exemption....................................HB 1106 Motor vehicles; prorated registration fee........................................................................HB 400 Property tax relief; elderly - CA ..........................................................................................HR 9 Proposed development districts; exemption.................................................................HB 1783 Public utilities and transportation; time limitation....................................................HB 1539 Rate increase resulting from assessment; certain counties........................................HB 1616 Special 1% sales tax; educational purposes - CA............................................................HR 73 State Board of Equalization; abolish.............................................................................HB 1715 Tax assessors; confidentiality.............................................................................................HB 80 Tax bill; attach notice of homestead exemptions............................................................HB 50 Tax executions; advertising costs...................................................................................HB 1350 Taxes and license fees; illegal collection; time limit on claim for refund.......................................................................................................HB 1543 Upson County; homestead exemption; disabled ............................................................HB 531
ADAIRSVILLE, CITY OF; development authority; extend Constitutional Amendment .............................................................................................HB 1895
ADAMS, DR. NELLIE RUTH WRIGHT; commend................................................HR 555
ADEL, CITY OF; bond issuance; extend Constitutional Amendment .....................HB 1450
ADJOURNMENT Adjourn 1/17/86; reconvene 1/27/86 ................................................................................HR 459 Adjourn 2/21/86; reconvene 2/24/86 ................................................................................HR 765 Adjourn 3/3/86; reconvene 3/6/86.....................................................................................SR 497 Sine Die; amend................................................................................................................HR 1014 Sine Die; March 7, 1986 ..................................................................................................HR 1001
ADMINISTRATIVE PROCEDURE Medical Assistance; rules and regulations; procedure.................................................HB 1593 State agency; rules and regulations; General Assembly override.................................SB 406
ADMINISTRATIVE SERVICES, DEPARTMENT OF Acquisition costs; certain property................................................................................HB 1573

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INDEX

2613

ADMINISTRATIVE SERVICES, DEPARTMENT OF (Continued) Fiscal Division director; appointment .............................................................................HB 418 State agencies; estimates of supplies and services; availability.................................HB 1135
ADMINISTRATORS AND EXECUTORS (See Wills, Trusts, and Administration of Estates)
ADOLPH COORS COMPANY; commend .................................................................HR 1020
ADOPTION Access to certain records .................................................................................................HB 1992 Child custody; grandparents; visitation rights .............................................................HB 1643 Foreign children; termination of parental rights.........................................................HB 1211
ADVERTISING Alcoholic beverages; prohibitions .......................................................................................HB 73 Attorneys; contingent fees..................................................................................................SB 570 "Grafted with Pride in the USA" logos; urge use by textile manufacturers.........................................................................................HR 752 Insurers; mail-order business ............................................................................................HB 272 MARTA; exterior bus advertising; urge implementation.............................................HR 840 Real estate; foreclosure sales...............................................................................................HB 26
AGED (See Elderly)
AGENCIES (See named Agency and State Government)
AGRICULTURE Ad valorem tax; agricultural land fixtures - CA............................................................HR 510 Ad valorem tax; agricultural property; certain breach of covenant..........................HB 1412 Ad valorem tax; certain agricultural improvements; exemption - CA .......................HR 709 Agricultural Commodity Commission for Peanuts; membership................................HB 269 Agricultural Stabilization Program; urge continuation.................................................HR 630 Boll weevil; eradication provisions.................................................................................HB 1682 Certain peanut and tobacco-drying operations; sales tax exemption .......................HB 1523 Cigar tax; rate......................................................................................................................HB 775 Farm Crisis in Georgia Study Committee; create .........................................................HR 594 Farm loans; agricultural operations; 25% of livelihood..............................................HB 1376 Farmers Market in Ellijay; construction fund for apple cooler ..................................HR 808 Food Act; labeling of beef ...............................................................................................HB 1984 Heating fuel for poultry structures; sales tax exemption...........................................HB 1294 Henry L. Reaves Arena; designate...................................................................................HR 690 Highways; weights and load of vehicles; certain permits .............................................HB 232 Income tax credit; crop damage; wild deer...................................................................HB 1663 Joint Farm Labor Sanitation Study Committee; create...............................................HR 687 Litter control; poultry feathers.........................................................................................HB 389 Livestock; control of infectious diseases; definitions ..................................................HB 1172 Misbranded foods; tags or markings..............................................................................HB 1171 Motor vehicles transporting hay bales; weight limits .................................................HB 1066 Pecan dealers; certain record ..........................................................................................HB 1093 Sales tax; certain farmers; exemption .............................................................................HB 753 Sales tax; exempt fuel used in peanut and tobacco processing.................................HB 1411 Sam P. McGill Exhibition Building; designate..............................................................HR 691 Special Agriculture Study Committee; create................................................................HR 688 Tobacco products; prohibit sales to minors..................................................................HB 1331 Vidalia onions; regulate sale ...........................................................................................HB 1217
AIRLINES AND AIRPORTS (See Aviation)
AKIN, ARTHUR V.; commend ........................................................................................HR 925

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2614

INDEX

ALBANY, CITY OF Albany Junior College; commend students and faculty ................................................SR 313 Commemorate sesquicentennial birthday .......................................................................HR 960 Dougherty County-Albany; joint registration and elections board ...........................HB 1284
ALCOHOLIC BEVERAGES AND ALCOHOLISM Advertisement .......................................................................................................................HB 73 Age for purchasing..............................................................................................................HB 202 Age for purchasing.................................................................................................................SB 13 Alcohol and drug safety course; minors; repeal certain provisions.............................HB 361 Beer and wine; retail sales; restrictions ...........................................................................SB 345 Beverage containers; certain prohibitions.....................................................................HB 1413 Conditional driver's license; minors; waive certain requirements...............................HB 360 Consumption during pregnancy; post danger sign .........................................................SB 376 Consumption in home; underage person.......................................................................HB 1532 Consumption while driving ...............................................................................................HB 414 Consumption while driving ...............................................................................................HB 489 Distilled spirits; excise tax; amend provisions ...............................................................HB 945 Distilled spirits; unlawful transportation; seizure ..........................................................SB 356 Driving under the influence; accidents; serious injuries; penalty ...............................HB 496 Driving under the influence; arrest; releasing impounded vehicle..............................HB 146 Driving under the influence; bail prohibitions................................................................SB 122 Driving under the influence; bail provisions; blood alcohol content ..........................HB 118 Driving under the influence; nolo contendere; unacceptable plea............................HB 1706 Driving under the influence; penalty.............................................................................HB 1831 Driving under the influence; penalty provisions............................................................HB 706 Driving under the influence; plea of nolo contendere ...................................................SB 462 Driving under the influence; second license suspension; education program.............................................................................................................SB 29 Driving under the influence; treatment, prevention and education; portion of fine or forfeiture - CA.................................................................................HR 296 Education; alcohol and drug course; amend provisions.................................................SB 441 Election day sales; repeal provision....................................................................................SB 70 Homicide by vehicle; first degree; seizure of vehicle ..................................................HB 1709 Identification for purchasing ..............................................................................................HB 20 Immunity from certain liability......................................................................................HB 1440 Liability insurance; certain contracts; prohibitions.....................................................HB 1503 Malt beverage tax; delete certain use; Richmond County .........................................HB 1288 Mental health; disability services; provide ...................................................................HB 1385 Mentally ill persons; involuntary hospitalization ...........................................................SB 153 Mentally ill persons; outpatient or inpatient treatment ...............................................SB 318 Motor vehicles; possession of alcoholic beverages; prohibitions................................HB 1707 Past due taxes; interest rate...........................................................................................HB 1452 Prohibit certain conduct on premises where sold..........................................................HB 291 Prohibit sales; certain stores.............................................................................................HB 140 Remove from certain locations .........................................................................................HB 223 Retail sales; minors on premises ......................................................................................HB 317 Retail sales; price schedule; special hours ......................................................................HB 195 Retail sales; special 1% tax.............................................................................................HB 1705 Sales by drink; certain municipalities ...........................................................................HB 1579 Sales by drink; certain prohibitions .................................................................................SB 258
Sales; distance requirements; Chatham County .............................................................SB 449
Sales; hotels; in-room service..........................................................................................HB 1386
State Boxing Commission; continuation; boxing while under the influence of alcohol or drugs ....................................................................HB 1191
Traffic regulations; pedestrians under the influence; ...................................................HB 117 Underage buyer; arrest by retailer ...................................................................................HB 936

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INDEX

2615

ALCOHOLIC BEVERAGES AND ALCOHOLISM (Continued) Watercraft; prohibit operation while under the influence............................................SB 316 Wine and malt beverage sales; distance from church....................................................SB 364
ALIMONY AND CHILD SUPPORT Alimony; modify judgment.................................................................................................SB 211 Alimony; permanent judgments; modifications ..............................................................SB 445 Alimony; revise provisions.................................................................................................HB 428 Child support cases; county of residence - CA..............................................................HR 667 Child support programs; urge Judicial Council to study .............................................HR 736 Income tax refunds; setoff collections; claimant agencies..........................................HB 1108 Public Safety, Department of; access to records; Human Resources.......................HB 1388
ALLEN, BENJAMIN HEYWARD; commend............................................................HR 967
ALLENTOWN, CITY OF; new charter........................................................................HB 1930
ALPHARETTA, CITY OF Corporate limits ..................................................................................................................HB 852 Corporate limits ................................................................................................................HB 1356
ALTO, TOWN OF; mayor and council; terms ..............................................................HB 2063
ALZHEIMER'S DISEASE STUDY COMMITTEE; commend Department of Human Resources ..........................................................................................................HR 611
AMBULANCES (See Emergencies and Emergency Services)
AMENDMENTS TO THE CONSTITUTION (See Constitutional Amendments)
AMERICAN CANCER SOCIETY; appreciation to volunteers ................................HR 828
AMERICAN LEGION; congratulate on 67th birthday................................................HR 968
AMERICUS, CITY OF Election date......................................................................................................................HB 1791 Sumter County-Americus school system; consolidate.................................................HB 1206
AMUSEMENT RIDE; definition......................................................................................SB 536
ANDERSON, EDITH KIEFFER; condolences............................................................HR 863
ANDERSON, KANKAKEE; commend..........................................................................HR 621
ANDREWS, DR. CHARLES R., JR.; condolences .....................................................HR 913
ANDY'S OF ROME, INC.; compensate .........................................................................HR 568
ANIMALS Animal Protection Act; provide......................................................................................HB 1346 Baiting an animal; penalty ................................................................................................HB 934 Dog theft; provide penalty ..................................................................................................HB 71 Equine; regulate stables.....................................................................................................HB 253 Felines; rabies inoculation ...................................................................................................HB 42 Ferrets; licensing requirements.......................................................................................HB 1726 Fox hunting preserves; permit to trap and sell ...........................................................HB 1725 Hunting Seasons Study Committee; create....................................................................HR 771 Income tax credit; crop damage caused by wild deer.................................................HB 1663 Income tax credit; property damage by wild deer.......................................................HB 1520 Litter control; poultry feathers.........................................................................................HB 389 Livestock; control of infectious diseases; definitions ..................................................HB 1172 Owner's liability for damages..........................................................................................HB 1043

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2616

INDEX

ANIMALS (Continued) Property Damage by Deer Study Committee; create ...................................................HR 715 Rabies inoculation; cats...................................................................................................HB 1114 Raccoon dealers; license fees.............................................................................................HB 846 Sales tax exemption; drugs used for animal husbandry.............................................HB 1678 Taxidermists; mounting animals; written permission not necessary ........................HB 1326 Veterinary records; privileged information...................................................................HB 1986
ANNEXATION Certain municipalities; limitations....................................................................................SB 380 Fulton-DeKalb Counties; annexation; certain areas; population classification ................................................................................................HB 820 Marietta, City of; deannex certain property ...................................................................SB 452 Municipal annexation; additional method......................................................................HB 410 Municipal corporations; independent school systems....................................................SB 328 Municipal corporations; 100% of landowners.................................................................SB 150 Municipalities having independent school systems; amend provisions....................HB 1697
APPALACHIAN JUDICIAL CIRCUIT; terms of court........................................HB 1589
APPEAL AND ERROR Certain child custody cases; application .......................................................................HB 1150 Contempt; granting supersedeas.....................................................................................HB 1418 Death penalty; eliminate ...................................................................................................HB 390 Health Planning Review Board; judicial review..........................................................HB 1591 Human Resources; final order or action; amend appeal provisions .........................HB 1315 Local boards of education; parties right to appeal decision .........................................SB 416 Magistrate courts; default judgment .............................................................................HB 1333 Probate courts of certain counties; right of jury trial; appellate practice..........................................................................................................HB 1367 Superior court; term for trial.............................................................................................SB 183
APPEALS, COURT OF; Employees' Retirement; Supreme Court Justices and Court of Appeals Judges; optional benefits............................................................HB 666
APPROPRIATIONS AND FISCAL AFFAIRS Farmers Market in Ellijay; construction fund for apple cooler..................................HR 808
-General Appropriations; FY 1986-87.............................................................................HB 1300 Georgia Construction Fund; general obligation debt - CA ...........................................SR 427 Legislative branch...............................................................................................................HB 151 Presidential veto; appropriations; urge amendment to United States Constitution.........................................................................................................HR 658 - Supplemental appropriations; FY 1985-86 ...................................................................HB 1319
- Supplemental Appropriations; FY 1985-86 ..................................................................HB 1259 Supplemental appropriations; FY 1985-86 ...................................................................HB 1140 United States Constitution; urge amendment; budgetary powers of President.........................................................................................................SR 283
AQUACULTURE Aquaculture Study Committee; create ............................................................................HR 656 Harvesting of fish; recognize.............................................................................................HR 661
AQUINO, PRESIDENT CORAZON; congratulations ...............................................HR 871
ARCHEOLOGY; underwater salvage and archeology; certain items; state property ......................................................................................................................HB 326
ARCHITECTS; Board of; membership..........................................................................HB 1295
ARCHIVES; microform standards; amend provisions ....................................................SB 352

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INDEX

2617

ARRESTS Criminal records purge; persons released without charge..........................................HB 1759 Family violence; arrest without warrant.........................................................................HB 224 Useof force........................................................................................................................HB 1363
ARTS Atlanta Symphony Orchestra; commend ........................................................................HR 946 Commemorative stamp; Courthouse Museum in Cleveland, Georgia ........................HR 846 Georgia Council for the Arts; redesignation....................................................................SB 428 Reproductions; regulate sale...........................................................................................HB 1253 Wigginton, Eliot; invite to House; Foxfire program; recognize...................................HR 747 Women's History Week; designate 3/2/86 ......................................................................HR 739 Youth Art Month in Georgia; relative to........................................................................HR 756
ASBESTOS LICENSING BOARD; establish..............................................................SB 409
ATHENS CHRISTIAN SCHOOL GOLDEN EAGLES; commend ......................HR 779
ATHENS, CITY OF County or municipal jail; incur debt for building - CA..................................................HR 14 Municipal court; provide .................................................................................................HB 1474
ATLANTA, CITY OF Ad valorem tax; debt purposes; extend Constitutional Amendment .......................HB 1630 Atlanta-Fulton County Recreation Authority; provisions ............................................HB 497 Atlanta-Fulton County Stadium; relative to parking ...................................................HR 996 Atlanta-Fulton County Taxation Study Commission; create ......................................HR 686 Atlanta in DeKalb Study Commission; create ...............................................................HR 751 Bond indebtedness; county school district; extend Constitutional Amendment............................................................................HB 1621 Bond issue; amount; extend Constitutional Amendment...........................................HB 1625 Bond issue; extend Constitutional Amendment ..........................................................HB 1626 Bonds; off-street parking; extend Constitutional Amendment .................................HB 1631 Certain contracts without election; extend Constitutional Amendment ....................SB 585 Charitable donations; repeal provisions ........................................................................HB 1675 City court; create office of senior judge ........................................................................HB 1714 Community improvement districts; create ...................................................................HB 1636 Construction funds for stadiums; extend Constitutional Amendment .......................SB 586 Contracts; certain redevelopment areas...........................................................................SB 583 Court system; jurisdiction; extend Constitutional Amendment................................HB 1624 DeKalb County Land Use Study Commission; re-create...........................................HB 1881 DeKalb County; taxation of municipalities; extend Constitutional Amendment............................................................................HB 1632 Freeport exemption; urban enterprise zone; extend Constitutional Amendment...............................................................................SB 502 Fulton County library system; special districts ...........................................................HB 1493 Fulton County-City of Atlanta; urban enterprise zone; taxation; extend Constitutional Amendment ..............................................................SB 501 Hartsfield Atlanta International Airport Overview Committee; create .........................................................................................HR 464 Historic zones....................................................................................................................HB 1628 Homestead exemption......................................................................................................HB 1635 Independent school system; certain property extend Constitutional Amendment............................................................................HB 1620 Joint city-county board of tax assessors; extend Constitutional Amendment...............................................................................SB 519 Library facilities; transfer; certain cities; extend Constitutional Amendment............................................................................HB 1633 MARTA; certain income; transit operating revenue.....................................................-SB 494

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2618

INDEX

ATLANTA, CITY OF (Continued) MARTA; group insurance or retirement plans; exclude certain employees............HB 1204 MARTOC; Resolution creating; date of repeal..............................................................HR 515 Maximum debt; extend Constitutional Amendment...................................................HB 1622 Private buildings; demolition; extend Constitutional Amendment..........................HB 1629 Public events in Atlanta; lack of police protection; urge investigation............................................................................................................HR 992 Redevelopment powers ....................................................................................................HB 1634 School facilities bond issue; extend Constitutional Amendment ..............................HB 1627 Stadium; financial obligation; extend Constitutional Amendment..............................SB 530 Street improvement bonds; extend Constitutional Amendment...............................HB 1618 Urban enterprise zones ....................................................................................................HB 1854 Water and solid waste systems; construction; extend Constitutional Amendment ............................................................................HB 1623 Water works and sanitation system; revenue bonds; extend Constitutional Amendment............................................................................HB 1619
ATLANTA GAS LIGHT COMPANY; 130th anniversary ........................................HR 931
ATLANTA SYMPHONY ORCHESTRA; commend.................................................HR 946
ATTORNEYS Admission to practice law; fingerprint.............................................................................SB 31f Bail bonds; certain officials; prohibitions ........................................................................SB 565 Civil actions; groundless claim; fees...............................................................................HB 1224 Civil cases; fees ....................................................................................................................SB 434 Civil practice; General Assembly member; continuance.............................................HB 1250 Civil practice; groundless claims; attorney's fees.........................................................HB 1146 Civil practice; pleading; required signature.....................................................................SB 385 Contingent fees .................................................................................................................HB 1184 Contingent fees; advertisement .........................................................................................SB 570 Driving under the influence; nolo contendere plea; requirements................................,SB 33 Eminent domain; costs of proceedings ..........................................................................HB 1793 Indigent defense; liability ...............................................................................................HB 1818 Magistrate courts; amend provisions................................................................................SB 340 Magistrates; practice in any court; certain conditions...................................................SB 475 Magistrates; practice in own court; restrictions.............................................................HB 651 Prisoners; actions against certain officials; forms...........................................................SB 460 State government; legal proceedings and hearings; certain fees .................................HB 470 Workers' compensation; assessment of attorney fees .................................................HB 1745
AUCTIONEERS Nonresidents; licensing ......................................................................................................HB 847 Occupational tax; certain limitations.............................................................................HB 1716
AUDITS AND AUDITORS Local governments; amend provisions..............................................................................SB 228 Local governments; comply with Federal requirements ...............................................HB 858 Local governments; financial statements; filing...........................................................HB 1498 Public property; uncollectable debt; write-off provisions ..........................................HB 1536 State auditor; communication regarding election..........................................................Page 90 State auditor; communication to House from Legislative Counsel regarding election ...........................................................................................................Page 13 State auditor; election........................................................................................................HR 458 State auditor; salary .........................................................................................................HB 1550
AUGUSTA AREA TECHNICAL SCHOOL; commend ...........................................HR 696
AUGUSTA, CITY OF Council; abolish certain offices .......................................................................................HB 1590

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2619

AUGUSTA, CITY OF (Continued) Council; elections, term, quorum......................................................................................HB 821 Election districts; amend provisions..............................................................................HB 1611 Employees' Retirement; part-time employees................................................................HB 415
AUGUSTA JUDICIAL CIRCUIT Addjudge.............................................................................................................................HB 182 Addjudge...........................................................................................................................HB 1595
AUSTELL, CITY OF Ad valorem tax; discount; extend Constitutional Amendment .................................HB 1691 Ad valorem tax exemption; elderly; extend Constitutional Amendment.................HB 1692 Ad valorem tax exemption; extend Constitutional Amendment...............................HB 1689 Homestead exemption; extend Constitutional Amendment ......................................HB 1780 New charter .......................................................................................................................HB 1933
AUTEN, HONORABLE DEAN; commend ................................................................HR 1012
AUTHORITIES Counties and municipalities; certain prohibitions - CA...............................................HR 662 Development authorities; alternative living home.........................................................HB 192 Development authorities; office building facilities; description ................................HB 1007 Environmental Facilities Authority; create ..................................................................HB 1142 Fulton County Hospital authority; membership .........................................................HB 1372 Fulton County; building authority; bonds ....................................................................HB 1332 Georgia Correctional Industries Authority; create ........................................................HB 490 Georgia Development Authority; amend provisions....................................................HB 1686 Georgia Development Authority; finance water or sewage facilities; counties or municipalities - CA...................................................................HR 363 Georgia Ports Authority; property disposal; requirement.............................................SB 337 Hospital authorities; audit certain information report.................................................HB 347 Hospital authorities; sale or lease of project; referendum ..............................................SB 56 Hospital authorities; terms..............................................................................................HB 1023 Hospital authorities; two local governments; membership ..........................................HB 641 Hospital Equipment Financing Authority; amend provisions......................................SB 532 Housing authorities; number of commissioners.............................................................HB 243 Income tax; motor carrier operating authorities............................................................HB 718 Lake Lanier Islands Development Authority; jurisdiction for actions.....................HB 1835 MARTA; add member to board.......................................................................................HB 238 MARTA; certain income; transit operating revenue......................................................SB 494 MARTA; employee bargaining .......................................................................................HB 1373 MARTA employees; certain benefits; repeal limitation .................................................HB 46 MARTA; group insurance and retirement plans; exclude certain employees ...........................................................................................HB 1204 MARTA; labor relations officer; appoint........................................................................HB 736 State Tollway Authority Law; amend provisions........................................................HB 1713 State Tollway Authority Law; amend provisions ...........................................................SB 564
AVERY, BYLLYE Y.; commend......................................................................................HR 880
AVIATION Ad valorem tax returns; time limitation .......................................................................HB 1539 Airport; commission study noise control.......................................................................HB 1203 Challenger; honor crew......................................................................................................HR 624 Fire department; definition...............................................................................................HB 638 Hartsfield Atlanta International Airport Overview Committee; create .........................................................................................HR 464 NASA; urge placement of teacher on next space shuttle flight..................................HR 737

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2620

INDEX

AVIATION (Continued) Transportation, Department of; certain employees; retirement age requirement.........................................................................................HB 1674 Transportation, Department of; pilots; age requirement ..............................................SB 562

B
BACON, BRETT; commend ............................................................................................HR 1000
BACON COUNTY; sheriff and staff; compensation ......................................................SB 566
BAIL Appearance bonds; minimum assets of sureties ..........................................................HB 1110 Bail bonds; certain officials; prohibitions ........................................................................SB 565 Bond surety; property owner ..........................................................................................HB 1558 Criminal procedure; aggravated sodomy; bail requirements.........................................SB 344 Criminal procedure; arrest; probable cause hearing......................................................HB 669 Criminal procedure; bond; conditional release from liability ......................................HB 748 Driving under the influence; bail prohibitions...............................................................HB 792 Driving under the influence; bail provisions; blood alcohol content...............................................................................................................HB 118 Driving under the influence; prohibitions .......................................................................SB 122 Terms and duration ............................................................................................................SB 334 Victims of crime; compensation from bond fees..........................................................HB 1380
BAILEY, MARK; commend ..............................................................................................HR 941
BAILEY, MR. AND MRS. FRANK IRVING, SR.; 50th anniversary ..................HR 929
BALDWIN COUNTY; lease certain property ................................................................SR 357
BANKING AND FINANCE African Development Bank; certain investments ...........................................................SB 144 Bad checks; penalty for issuance ......................................................................................SB 307 Bad checks; standardize fees for issuance ....................................................................HB 1354 Banks or trust companies; transfer fiduciary responsibilities ...................................HB 1784 Branch banking; limited purpose bank; define ..............................................................HB 279 Branch banking; metropolitan statistical area; define.....................................................SB 65 Commercial Code; financing statement; maturity date..............................................HB 1269 Commercial Code; financing statement; maturity date..............................................HB 1364 Contracts; bad checks; treble damages.............................................................................SB 396 Credit unions; secure funds...............................................................................................HB 648 Estates; intestacy; deposit money .....................................................................................SB 311 Fiduciaries; certain investments........................................................................................SB 112 Financial institutions; casher of checks; licensing.......................................................HB 1374 Financial Institutions Code; amend...............................................................................HB 1281 Financial institutions; counties and municipalities; occupation tax...........................HB 649 Financial institutions; currency transactions; reports....................................................SB 330 Insurance Premium Finance Company Act; amend provisions.................................HB 1112 Insurance; null and void; issuance of bad check..............................,...........................HB 1245 Intangible property; international insurance business; taxation ...............................HB 1196 Intangible tax; insurance business; foreign countries .................................................HB 1273 Interest on judgments ......................................................................................................HB 1120 Interstate banking; include Arkansas ..............................................................................HB 724 Investment; retirement funds; South African institutions ...........................................HB 348 Investment; state funds; South African institutions .....................................................HB 349
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INDEX

2621

BANKING AND FINANCE (Continued) Investment; state funds; South African institutions...................................................HB 1272 Local governments; investment pool; approved uses ..................................................HB 1349 Local governments; investments; certain financial institutions ................................HB 1876 Mortgage Loan Company and Loan Broker Act; enact................................................HB 875 Motor vehicle license plate; penalty for issuing bad check........................................HB 1639 Out-of-state bank holding companies; acquisition of bonds......................................HB 1134 Property; foreclosure sales; certain process ..................................................................HB 1456 Residential Finance Authority Act; amend .....................................................................SB 420 Retail Installment and Home Solicitation; bad check fee .........................................HB 1353 Retail installment contracts; time price differential.....................................................HB 242 Student loan; setoff debt; income tax refund ..............................................................HB 1464
BANKS COUNTY Business licenses; extend Constitutional Amendment................................................HB 2056 Motor vehicle registration ...............................................................................................HB 1994
BARANCO, GREGORY T. Commend.............................................................................................................................HR 758 Commend.............................................................................................................................HR 860
BARBERS; State Board of; continuation.......................................................................HB 1219
BARNES, CHADWICK SHANE; commend................................................................HR 711
BARNESVILLE AND LAMAR COUNTY FIRE ORGANIZATIONS Commend.............................................................................................................................HR 952
BARNUM, JOHN LEE; condolences.............................................................................^ 553
BARR, IRENE MCDEARMID; commend ...................................................................HR 831
BARR, ROBERT L., JR.; commend ...............................................................................HR 976
BARRON, BRIAN; commend...........................................................................................HR 564
BARROW COUNTY Airport Authority; create.................................................................................................HB 1845 Commissioners; records of purchases ............................................................................HB 1844 Motor vehicle registration ...............................................................................................HB 2004
BARTOW COUNTY Cherokee Judicial Circuit; provide assistant district attorney ..................................HB 1744 Homestead exemption; certain elderly ..........................................................................HB 2054
BEECH, HELEN; compensate ..........................................................................................HR 511
BEER (See Alcoholic Beverages and Alcoholism)
BELVEDERE CIVIC CLUB; commend........................................................................HR 894
BENSON, PEGGY DOSSER; honor..............................................................................HR 866
BERGER, LIEUTENANT STUART W; invite to House.........................................HR 631
BERRIEN COUNTY; industrial building authority; extend Constitutional Amendment ................................................................................HB 1451
BERRIER, CHUCK; condolences ....................................................................................HR 600
BERRY, HIAWATHA; commend ....................................................................................HR 879
BEVERAGE CONTAINERS; certain prohibitions....................................................^ 1413

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2622

INDEX

BIBB COUNTY Board of education; compensation.................................................................................HB 1113 Grant easement ...................................................................................................................HR 514 Macon-Bibb County Board of Health; extend Constitutional Amendment............HB 1884 Macon-Bibb County Industrial Development Authority; extend Constitutional Amendment............................................................................HB 1885 Macon-Bibb County Transit Authority; group insurance ..........................................HB 1816 Macon-Bibb County; consolidated government; provide..............................................HB 734 Macon-Bibb County; consolidation; extend Constitutional Amendment ................HB 1886 Macon-Bibb County; urban development authority; extend Constitutional Amendment .........................................................................................HB 1902 Macon-Bibb County; zoning procedures; extend Constitutional Amendment........HB 1883 Motor vehicle registration ...............................................................................................HB 1924 Redevelopment powers ....................................................................................................HB 1988 Treasurer; abolish office ..................................................................................................HB 1901
BIG RED; commend ............................................................................................................HR 907
BINGO; fees for operation of games...................................................................................SB 303
BLACKSHEAR, CITY OF; Georgia Walk of Fame; designate ....................................................................................HR 853 Walk of Fame in Blackshear; official state walk...........................................................HR 988
BLUMENFIELD, DR. WARREN S.; commend.........................................................HR 953
BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA Members'terms - CA.........................................................................................................HR 280 Public property; filing conveyances; amend provisions ..............................................HB 1888 Special license plates........................................................................................................HB 1601 University System Laboratory Equipment and Eminent Scholars Endowment Study Committee .....................................................................HR 573 University System; reimbursement; damage in certain lawsuit ..................................HR 849
BOATS Campground or marine membership; right to cancel ....................................................SB 433 Distilled spirits; unlawful transportation; seizure ..........................................................SB 356 Highways; vehicles transporting boats; length.............................................................HB 1305 Highways; vehicles transporting cargo to ports; special permits ..............................HB 1309 House Study Committee on Taxation of Recreational Watercraft; create................HR 685 Ports; pilotage fees...........................................................................................................HB 1242 Prohibit operation while under the influence of alcoholic beverages..........................SB 316 Sales tax exemption; boats purchased by nonresidents................................................HB 884 Vessels and Outboard Motors Titling Law; provide...................................................HB 1248
BOLSTER, HONORABLE PAUL; wish happy birthday ..........................................HR 682
BONDS Appearance bonds; minimum assets of sureties ..........................................................HB 1110 Bail bonds; certain officials; prohibitions........................................................................SB 565 Bail bonds; terms and duration.........................................................................................SB 334 Credit unions; secure funds...............................................................................................HB 648 Criminal procedure; arrest; probable cause hearing......................................................HB 669 Criminal procedure; conditional release from liability .................................................HB 748 Criminal procedure; surety; property owner ................................................................HB 1558 Driving under the influence; bail prohibitions................................................................SB 122 Driving under the influence; bail provisions; blood alcohol content..........................HB 118 Fulton County; building authority.................................................................................HB 1332 Georgia Development Authority; amend provisions....................................................HB 1686

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INDEX

2623

BONDS (Continued) Georgia State Financing and Investment Commission; sale of notes and bonds; authorization.........................................................................SB 579 Intangibles tax; insurance business; foreign countries................................................HB 1273 Public Service Commission; certain debt approval; exempt motor carriers...............SB 496 Residential Finance Authority; amend provisions..........................................................SB 580 State Tollway Authority Law; amend provisions ........................................................HB 1713 Victims of crime; compensation from bond fees..........................................................HB 1380
BOONE, WILLIE LEE; compensate...............................................................................^ 635
BOUNDARIES Processioning of boundaries; certain counties.................................................................SB 325 Secretary of State; printing of maps ...............................................................................HB 787
BOXING Boxing Commission; continuation; boxing while under the influence of alcohol or drugs ....................................................................HB 1191 State Boxing and Wrestling Commission; create.............................................................HB 39 State Professional Sports Commission; create .............................................................HB 1255
BOYKIN, JULIA S.; compensate ....................................................................................HR 229
BRADBURY, RAY; honor ..............................................................................................HR 1004
BRANTLEY COUNTY Certain county officers; compensation ..........................................................................HB 1758 Convey property ..................................................................................................................HR 585
BRANTLEY, RICHARD; commend...............................................................................HR 538
BRAYBOY, ELLA MAE; commend ...............................................................................HR 972
BREEN, NORMAN; compensate .....................................................................................HR 743
BRIDGES Colonel Mancel Newman Bridge; designate ...................................................................HR 330 I. M. Peeples Memorial Bridge; designate......................................................................HR 165 John C. Beasley Memorial Bridge; designate..................................................................SR 436 R. E. Chambers Memorial Bridge; designate..................................................................SR 292 R. Sidney Lowrey, Sr., Memorial Bridge; designate .....................................................HR 591
BROOKS COUNTY Convey property..................................................................................................................HR 572 Development authority; extend Constitutional Amendment.....................................HB 1991
BROOKS, DEVARL; commend .......................................................................................HR 581
BROOKS, ERNEST AND MRS. HESTER TANNER; recognize.........................HR 804
BROOKWOOD WARRIORS BOYS FOOTBALL TEAM; commend .................HR 924
BROWN, HONORABLE JOSEPH E.; condolences...................................................HR 484
BROWN, LOUISE; commend .........................................................................................HR 1005
BROWN, RUFUS C.; commend .......................................................................................HR 793
BRUNSWICK, CITY OF; State Port Facilities Accident Study Committee; create ....................................................................................HR 10
BRYAN COUNTY Dr. W. K. Smith Highway; designate...............................................................................SR 339 License fees; unincorporated area....................................................................................HB 931

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2624

INDEX

BRYANT, HENRY E.; commend ....................................................................................HR 497
BUCKLEY, HAROLD; honoring.....................................................................................HR 892
BUCKNER, GAIL; Child Protection Legislation; commend efforts...........................HR 928
BUDGET (See Appropriations and Fiscal Affairs)
BUFORD, CITY OF; corporate limits...........................................................................HB 2064
BUILDINGS AND HOUSING Ad valorem tax; mobile homes; designation...................................................................HB 914 Apartment complex; eligible housing units; certain persons .....................................HB 1839 Atlanta, City of; relative to slumlords.............................................................................HR 712 DeKalb County Housing Study Committee; create ......................................................HR 839 Development authorities; office building facilities; description ................................HB 1007 Fulton County; building authority; bonds ....................................................................HB 1332 Glass installation; hazardous locations..........................................................................HB 1490 Handicapped persons; access to public facilities; certain exemptions .......................HB 685 Highways; modular or sectional housing; permit.........................................................HB 1382 Housing authorities; number of commissioners .............................................................HB 243 Housing discrimination; municipal ordinances ............................................................HB 1585 Housing Needs Study Committee; create .........................................................................HR 96 Motor carriers; exclusion; mobile homes or manufactured housing...........................HB 610 Nuisances; repair or close certain buildings....................................................................SB 377 Public housing; fraudulently obtaining; penalty..............................................................HB 30 Residential Finance Authority; amend.............................................................................SB 420 Residential Finance Authority; amend provisions..........................................................SB 580 State Housing Activities Study Committee; create.........................................................HR 72 Street address; display numbers.........................................................................................HB 16 Urban redevelopment; rent suspension; escrow...........................................................HB 1436
BULLOCH COUNTY Board of commissioners; amend provisions..................................................................HB 1981 Coroner; compensation.....................................................................................................HB 2020 Motor vehicle registration...............................................................................................HB 1957 Probate judge; clerks' compensation..............................................................................HB 2018 Sheriffs employees; overtime provisions ......................................................................HB 2046 Superior court clerk; employees' compensation...........................................................HB 2017 Tax commissioner; employees.........................................................................................HB 2019
BURGESS, FRANK; commend........................................................................................HR 899
BURKE COUNTY; motor vehicle registration ............................................................HB 1850
BUSINESS AND OCCUPATION TAX Auctioning; certain limitations .......................................................................................HB 1716 Counties; certain tax levy..................................................................................................HB 477 Financial institutions ........................................................................................................HB 649 Restrictions ..........................................................................................................................HB 154
BUTTS COUNTY Board of commissioners; amend provisions..................................................................HB 2022 Business license fees.........................................................................................................HB 1298 Butts County, City of Flovilla, City of Jackson, City of Jenkinsburg Water and Sewer Authority; create.......................................HB 1985 Industrial Development Authority; extend Constitutional Amendment.................HB 1299 Superior court clerk; compensation ...............................................................................HB 1596 Tax commissioner; supplemental salary........................................................................HB 1918

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INDEX

2625

c

CAIRO, CITY OF Grady County; convey property .......................................................................................HR 633 Mayor and council members; qualifications.................................................................!!!) 1760
CALHOUN COUNTY; board of education; extend Constitutional Amendment......SB 353
CALHOUN COUNTY HIGH SCHOOL BASEBALL TEAM; commend...........HR 576
CAMDEN COUNTY Board of education; extend Constitutional Amendment............................................HB 1548 License fees; unincorporated area..................................................................................HB 1547 Motor vehicle registration ...............................................................................................HB 2050 Sheriffs office; commend..................................................................................................HR 623
CAMILLA, CITY OF; two voting districts; councilmen's election ...........................HB 1764
CANDIDATES Campaign and financial disclosure report; certain date.............................................HB 1530 Campaign funds; prohibit personal use...........................................................................HB 575 Campaigns; persons receiving certain compensation; prohibit activities ...................HB 717 Elections; amend Code........................................................................................................SB 296 Elections; candidate receiving plurality of votes .........................................................HB 1271 Elections; straight party ballots; amend provisions .......................................................SB 295 Financial disclosure; contributions and expenditures.................................................HB 1339 General Assembly; financial disclosure ...........................................................................HB 150 General Assembly; financial disclosure.........................................................................HB 1286 Incumbent; indicate on ballot...........................................................................................HB 379 Nonpartisan primary; separate ballot..............................................................................HB 441 Presidential preference primary; date ..............................................................................SB 455 Public officials and employees; engaging in political activities; authorize..........................................................................................................SB 305 Public officials; employment and financial disclosure form; file ................................HB 492 Qualifications; amend provisions.......................................................................................SB 375 Republican National Convention in 1988; relative to...................................................HR 741 Straight party ballots; amend provisions ........................................................................HB 939 Time for posting lists.........................................................................................................HB 440 United States Representative or Senator; registered voter............................................HR 54 Unopposed candidates; omit names from ballot............................................................HB 439
CANDLER COUNTY; Metter-Candler County Airport Authority; create.............HB 1880
CANTON, CITY OF; corporate limits...........................................................................HB 1395
CAPITAL PUNISHMENT Age of Criminal Responsibility Study Committee; create ...........................................HR 749 Date of execution................................................................................................................HB 248 Eliminate..............................................................................................................................HB 390 Lethal intravenous infusion ..............................................................................................HB 848 Moratorium............................................................................................................................HR 87 Reprieves, pardons and paroles, commuting penalties, suspending death sentences; General Assembly provide by law - CA...................HR 444 Underage persons; special procedures..............................................................................SB 468
CARMICHAEL, ARTHUR WALKER; condolences..................................................HR 790
CARR, HUBERT O.; condolences....................................................................................HR 760
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2626

INDEX

CARROLL COUNTY Board of education; compensation, procedures............................................................HB 1948 Board of education; elections; certain members ..........................................................HB 1982 Carroll County Government Authority Study Commission; create ..........................HB 1004 Carroll County Government Authority Study Commission; create............................HR 794 Civil service board; composition.....................................................................................HB 1789 Superior court clerk; compensation ...............................................................................HB 1983
CARROLLTON, CITY OF; de-annex certain property.............................................HB 1711
CARTER, BOBBIE; compensate......................................................................................HR 204
CARTERSVILLE, CITY OF; Development authority; extend Constitutional Amendment ................................................................................HB 1894
CATOOSA COUNTY Board of utilities commissioners; compensation..........................................................HB 1949 Commissioner and personnel; compensation................................................................HB 1244 Hospitalization insurance; certain officers....................................................................HB 1950 Probate judge; clerical help.............................................................................................HB 1951 Tax commissioner; compensation...................................................................................HB 1976
CAVE SPRING, CITY OF; convey property .................................................................SR 289
CEDARTOWN, CITY OF; development authority; extend Constitutional Amendment .............................................................................................HB 1943
CEMETERIES Burial merchandise; amend provisions..........................................................................HB 1460 Fee for opening grave.......................................................................................................HB 1542
CENTERVILLE, CITY OF; redevelopment; authorization......................................HB 1967
CENTRAL HIGH SCHOOL Lionettes Basketball team; commend .............................................................................HR 909 Lions Basketball team; commend ....................................................................................HR 908 Lions Football team; commend ........................................................................................HR 910
CERTIFICATE OF TITLE (See Motor Vehicles and Traffic)
CERTIORARI Probate courts of certain counties; right of jury trial; appellate practice..........................................................................................................HB 1367 Zoning Procedures Law; amend provisions ..................................................................HB 1141
CHALLENGER; honor crew..............................................................................................HR 624
CHANCEY, BERT;commend...........................................................................................HR 531
CHAPLAINS, HOUSE OF REPRESENTATIVES Appleton, Reverend Jon..................................................................................................Page 767 Brachman, Reverend Julian..........................................................................................Page 1073 Brannen, Reverend Ronny..............................................................................................Page 446 Bryan, Reverend John C...............................................................................................Page 1029 Frady, Dr. Marvin J. W.................................................................................................Page 1349 Gerrald, Reverend Inman................................................................................................Page 162 Gibbs, Reverend Don.......................................................................................................Page 731 Gilstrap, Reverend L. G........................................................................................Pages 84, 1832 Goodfriend, Cantor Isaac ..............................................................................................Page 1768 Griffith, Dr. James N........................................................................................................Page 36 Hall, Reverend Lee Roy ..................................................................................................Page 800 Henderson, Dr. J. Emmett..............................................................................................Page 308

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INDEX

2627

CHAPLAINS, HOUSE OF REPRESENTATIVES (Continued) Jackson, Reverend David H., Sr....................................................................................Page 209 Jackson, Reverend Ronald Bryan, Sr................................................................................Page 1 Kuehnert, Reverend Philip R.......................................................................................Page 1206 Long, Dr. Ron...................................................................................................................Page 351 Long, Dr. Nat H.............................................................................................................Page 1861 Long, Reverend Edmond...............................................................................................Page 2277 Long, Reverend William..................................................................................................Page 407 Maxwell-Pregeant, Reverend Sammie.........................................................................Page 1267 McCorvey, Reverend Albert, Sr.....................................................................................Page 621 O'Conner, Reverend Bill ...............................................................................................Page 1443 Peacock, Dr. Hugh C., Jr................................................................................................Page 256 Pirkle, Reverend Earnie................................................................................................Page 1685 Rolle, Reverend Carl K...................................................................................................Page 678 Rubin, Rabbi Saul J.......................................................................................................Page 2102 Songer, Dr. Jerry A..........................................................................................................Page 180 Stephens, Reverend Wesley............................................................................................Page 915 St. John, Dr. James I.........................................................................................................Page 45 Turner, Reverend J. D...................................................................................................Page 1602 Tyre, Dr. O. Eugene.........................................................................................................Page 101 Wright, Dr. William .........................................................................................................Page 846
CHARITIES Atlanta, City of; charitable donations; repeal provisions ...........................................HB 1675 Charitable Fundraising Activities Study Committee; create.......................................HR 469 Income tax credit; contributions to certain educational organizations......................HB 830 Intangible property; charitable remainder trust; tax exemption ..............................HB 1754 Lotteries; charitable organizations; provide - CA............................................................HR 19 Professional fund raisers and charitable organizations; fee.......................................HB 1438 Torts; limit recovery.........................................................................................................HB 1659
CHARLTON COUNTY; tax commissioner; compensation ..........................................SB 600
CHATHAM ARTILLERY; recognize 200th anniversary ............................................HR 981
CHATHAM COUNTY Ad valorem tax exemption; elderly and disabled; extend Constitutional Amendment ............................................................................HB 1565 Alcoholic beverage sales; distance requirements.............................................................SB 449 Board of commissioners; meetings .................................................................................HB 1537 Board of commissioners; payment of taxes; extend Constitutional Amendment ............................................................................HB 1568 Certain officers; compensation; repeal Act providing .................................................HB 1554 Certain officials; compensation.......................................................................................HB 1552 Chatham County-Savannah; board of education; election........................1................HB 1119 Civil service system; extend Constitutional Amendment...........................................HB 1567 County police, occupational taxes, recorder's court; extend Constitutional Amendment............................................................................HB 1566 Georgia Ports Authority; venue in actions ......................................................................SB 338 Historic Savannah District; ad valorem tax; freeze certain assessments.................HB 1434 Hospital Authority; membership; prohibitions ............................................................HB 1008 Magistrate court................................................................................................................HB 1877 Public transportation system; provide ..........................................................................HB 1699 Recorder's court; judges' compensation ..........................................................................HB 967 Savannah-Chatham County; ad valorem tax exemption; extend Constitutional Amendment ............................................................................HB 1563 State court judges; compensation.....................................................................................HB 991 Streets, sidewalks and curbs; construction; extend Constitutional Amendment............................................................................HB 1569

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2628

INDEX

CHATHAM COUNTY (Continued) Superior court clerk and sheriff; compensation.............................................................HB 799 Transit services; provide..................................................................................................HB 1698 West Chatham County; General Hospital Authority; extend Constitutional Amendment............................................................................HB 1564
CHATHAM, J. HOWARD; commend.............................................................................HR 699
CHATMAN,NADINE;commend....................................................................................HR 876
CHATSWORTH, CITY OF; mayor and aldermen; term...........................................HB 1422
CHATTAHOOCHEE COUNTY Board of education; extend Constitutional Amendment............................................HB 1398 Industrial development authority; extend Constitutional Amendment ...................HB 1401 License fees; extend Constitutional Amendment ........................................................HB 1400 School superintendent; extend Constitutional Amendment ......................................HB 1399 Sheriff; expenses ...............................................................................................................HB 1724 Sheriffs office; extend Constitutional Amendment ....................................................HB 1402
CHATTAHOOCHEE JUDICIAL CIRCUIT Assistant district attorneys; provide..............................................................................HB 1457
CHATTANOOGA VIETNAM ERA VETERANS COUNSELING CENTER; recognize..........................................................................................................HR 898
CHATTOOGA COUNTY Board of commissioners; create ......................................................................................HB 1972 Chattooga County-Trion; local option tax for schools; allocation.............................HB 1825 Development authority; extend Constitutional Amendment.....................................HB 1871 Hospital authority; vacancies..........................................................................................HB 1870 State court; certain officials............................................................................................HB 1826
CHECKS (See Banking and Finance or Financial Institutions)
CHEROKEE COUNTY Board of commissioners; elections.................................................................................HB 1005 Board of education; appoint chairman..........................................................................HB 1161 Board of education; chairman's appointment..............................................................HB 1710 Water and sewerage authority; additional powers .........................................................SB 569
CHEROKEE JUDICIAL CIRCUIT District attorney's investigator; compensation...............................................................HB 637 Provide assistant district attorney.................................................................................HB 1744
CHILD ABUSE Admissible evidence .............................................................................................................HB 18 Admissible evidence...........................................................................................................HB 289 Admissible evidence...........................................................................................................HB 292 Child Abuse Action Fund; establish..............................................................................HB 1107 Child Abuse Study Committee; create ............................................................................HR 169 Child Protection Legislation; commend efforts of Judy Taylor, Gail Buckner and Dawn Perry.............................................................HR 928 Children and Youth Study Committee; create ..............................................................HR 518 Evidence; confidentiality ...................................................................................................HB 383 Georgia Council of Child Abuse, Inc.; commend...........................................................HR 776 Hearsay evidence ..............................................................................................................HB 1260 Prosecution; time limitation..............................................................................................HB 385 Reporting requirements...................................................................................................HB 1092 Sexual abuse victims; restitution .....................................................................................HR 476 Training in management of cases....................................................................................HR 477

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INDEX

2629

CHILD CUSTODY (Also, see Domestic Relations or Parent and Child) Age of child to select parent.............................................................................................HB 315 Appeals; certain cases; application.................................................................................HB 1150 Change in residence; notification ...................................................................................HB 1200 Court jurisdiction................................................................................................................HB 499 Crimes and Offenses; interference with custody; penalty ............................................HB 500 Grandparents; visitation rights.........................................................................................HB 892 Grandparents; visitation rights.......................................................................................HB 1643 Grandparents; visitation rights..........................................................................................SB 395 Home investigations; contested cases ..............................................................................HB 444 Interference with child custody; violating visitation rights period...........................HB 1794 Interviews with child..........................................................................................................HB 445 Outside investigations......................................................................................................HB 1694 Parental agreement.............................................................................................................HB 377 Rights of child; age.............................................................................................................HB 246 Shared parental responsibility..........................................................................................HB 424 Shared parental responsibility..........................................................................................HB 699 Visitation rights................................................................................................................HB 1266 Visitation rights................................................................................................................HB 1551
CHIROPRACTORS Chiropractic schools and colleges; accreditation; amend provisions...........................HB 800 Education requirements......................................................................................................SB 302 Scope of practice.................................................................................................................HB 156
CHOW, SONJIA; commend...............................................................................................HR 526
CIGARS AND CIGARETTES Certain peanut and tobacco-drying operations; sales tax exemption .......................HB 1523 Cigar tax; rate......................................................................................................................HB 775 Conference on Smoking or Health; commend sponsors ...............................................HR 864 Sales tax; exempt fuel used in peanut and tobacco processing.................................HB 1411 Sales to minors; prohibit .................................................................................................HB 1331 Smoking in public places; prohibitions .........................................................................HB 2074 Smoking in state buildings; urge prohibition.................................................................HR 883
CITY COURTS (See Courts or Municipalities)
CITY OF ISLANDS Incorporate...........................................................................................................................HB 906 Proposed charter...............................................................................................................HB 2071
CIVIL PRACTICE Alcoholic beverages; immunity from certain liability.................................................HB 1440 Alias tax executions; issuance ...........................................................................................HB 307 Arbitration Code for Contracts; provide ..........................................................................SB 540 Attorney's fees......................................................................................................................SB 434 Consolidation of actions.....................................................................................................HB 631 Depositions and discovery; request for admission..........................................................SB 454 Discovery..............................................................................................................................HB 211 Dismissal of actions ..........................................................................................................HB 1185 Filing of pleadings ............................................................................................................HB 1586 General Assembly member; continuance ......................................................................HB 1250 Groundless claims; attorney's fees .................................................................................HB 1146 Groundless claims; attorney's fees .................................................................................HB 1224 Guardians; sale of ward's property ................................................................................HB 1571 Habeas corpus; relief from judgment ...............................................................................SB 461 Improvements to certain residential structures; recover deficiency ...........................HB 738 Judgment by default...........................................................................................................SB 101

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2630

INDEX

CIVIL PRACTICE (Continued) Juries; charges and instructions in writing...................................................................HB 1047 Juries; charges and instructions in writing......................................................................SB 313 Medical malpractice cases; guardian ad litem; appointment........................................SB 459 Order of cases for trial; priority for elderly.....................................................................SB 173 Pleading; required signature..............................................................................................SB 385 Prisoners; actions against certain officials; forms...........................................................SB 460 Public sales; continuation without interruption..........................................................HB 1496 Relief from judgments........................................................................................................SB 457 Renewal after dismissal.....................................................................................................HB 789 Renewal after dismissal; costs ...........................................................................................SB 315 Uniform Enforcement of Foreign Judgments Law; enact.............................................SB 164 Wrongful death; prelitigation screening........................................................................HB 1383
CLAIMS ADVISORY BOARD; add member............................................................HB 1314
CLAPP-WHIDDON, CAROL ELIZABETH; commend.........................................HR 1003
CLARK, MYRVIN C.; condolences.................................................................................HR 837
CLARKE CENTRAL HIGH SCHOOL DECA; commend.......................................HR 961
CLARKE CENTRAL HIGH SCHOOL FOOTBALL TEAM; congratulate .......HR 653
CLARKE COUNTY Coroner; compensation.....................................................................................................HB 1919 Fire department; commend...............................................................................................HR 803 Staff positions; Western Judicial Circuit......................................................................HB 1661 State court judge; compensation....................................................................................HB 1964
CLAYTON, CITY OF; homestead exemptions...............................................................SB 571
CLAYTON COUNTY Board of commissioners; amend provisions..................................................................HB 2031 Board of education and school superintendent; extend Constitutional Amendment............................................................................HB 2039 Board of education; chairman.........................................................................................HB 2029 Board of education; vacancies.........................................................................................HB 2030 Business licenses; unincorporated area; extend Constitutional Amendment............................................................................HB 2041 Certain officers; compensation.......................................................................................HB 2034 Civil service system; extend Constitutional Amendment ...........................................HB 2040 Clayton County Council of Parent Teacher Associations; commend .........................HR 775 Clayton Judicial Circuit; district attorney; supplement .............................................HB 2038 Clayton Judicial Circuit; superior court judges; supplement.....................................HB 2032 Coroner; compensation.....................................................................................................HB 2037 Homestead exemptions....................................................................................................HB 2028 Indebtedness; extend Constitutional Amendment ......................................................HB 2043 Juvenile court judge; compensation...............................................................................HB 1064 Motor vehicle registration ...............................................................................................HB 2073 Ordinances; extend Constitutional Amendment ..........................................................HB 2042 Probate judge; compensation ..........................................................................................HB 2033 State court deputy clerk; create office ..........................................................................HB 2035 Tax commissioner and deputy; compensation .............................................................HB 2036
CLAYTON COUNTY COUNCIL OF PARENT TEACHER ASSOCIATIONS; commend. ................................ .HR 775
CLAYTON JUDICIAL CIRCUIT District attorney; supplement.........................................................................................HB 2038 Superior court judges; supplement ................................................................................HB 2032

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2631

CLERKS, SUPERIOR COURT Annual training .................................................................................................................HB 1368 Fees.....................................................................................................................................HB 1644 Information to GBI; repeal certain provisions................................................................SB 448 Liens; certain information....................................................................................................SB 66 Minimum salary ...................................................................................................................SB 405 Retirement; benefits............................................................................................................SB 109 Vacancy; appointment......................................................................................................HB 1688
CLEVELAND, CITY OF; commemorative stamp; Courthouse Museum .................HR 846
CLINICAL LABORATORIES Driving under the influence; chemical tests; admissibility........................................HB 1021 Sales tax exemption; machinery and equipment; research ..........................................HB 810 Technicians; function under certain supervision...........................................................HB 904
COBB COUNTY Alcoholic beverages; tax revenue; extend Constitutional Amendment....................HB 1782 Alcoholic beverages; tax revenue; extend Constitutional Amendment .......................SB 547 Board of commissioners...................................................................................................HB 1540 Board of education; compensation....................................................................................SB 487 Board of education; extend Constitutional Amendment...............................................SB 548 Board of education; legislation; extend Constitutional Amendment...........................SB 549 Board of education, elect; school superintendent, appoint; extend Constitutional Amendment............................................................................HB 1776 Certain officers; compensation .......................................................................................HB 1557 Chief deputy to the sheriff and chief investigator; salary ............................................SB 577 Civil service system; authorization.................................................................................HB 2069 Civil service system; extend Constitutional Amendment...........................................HB 1773 Cobb County Local Governments Study Commission; create......................................SR 447 Cobb County-Marietta Water Authority; amend Act creating..................................HB 1898 Cobb Judicial Circuit; district attorney; personnel and compensation ....................HB 1963 Cobb Judicial Circuit; judges' retirement; certain expenses.........................................SB 285 Cobb Judicial Circuit; judges' supplement......................................................................SB 373 Cobb-Marietta Coliseum and Exhibit Hall Authority; members..............................HB 2012 Community School Program; commend..........................................................................HR 646 Convey property..................................................................................................................HR 178 Education districts; reapportionment; extend Constitutional Amendment ............HB 1781 Elected Officials' Salary Study Committee; create .......................................................HR 991 Fire protection districts; extend Constitutional Amendment....................................HB 1768 Homestead exemption; increase .....................................................................................HB 1522 Judge and clerk of probate court; compensation............................................................SB 578 Juvenile court judge; compensation..................................................................................SB 372 License fees and occupational tax; extend Constitutional Amendment ..................HB 2070 Lost Mountain Scenic Highway; designate.....................................................................HR 472 Medical examiner; extend Constitutional Amendment ..............................................HB 1774 Municipalities; assets and obligations; extend Constitutional Amendment .........................................................................................HB 1779 Ordinances; adoption and violation; extend Constitutional Amendment.........................................................................................HB 1778 Parent Teacher Association; commend ...........................................................................HR 670 Sewer system bonds; extend Constitutional Amendment ..........................................HB 1775 South Cobb County Courthouse Facilities Study Commission; create .......................SB 486 State court clerk and chief deputy clerk; compensation...............................................SB 550 State court judges; compensation...................................................................................HB 1907 State court; abolish second division and office of associate judge ..............................SB 556 State court; amend provisions ........................................................................................HB 1929 State court; costs ..............................................................................................................HB 1750

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2632

INDEX

COBB COUNTY (Continued) Superior court clerk and deputy; compensation..........................................................HB 1749 Tax commissioner; chief clerk's compensation ...............................................................SB 602 Tax commissioner; compensation......................................................................................SB 275 Waste facilities; revenue bonds; extend Constitutional Amendment.......................HB 1770
COBB JUDICIAL CIRCUIT District attorney; personnel and compensation ...........................................................HB 1963 Judges' retirement; certain expenses................................................................................SB 285 Judges' supplement .............................................................................................................SB 373
COBB-MARIETTA JUNIOR LEAGUE; commend..................................................HR 668
COCA-COLA; commemorate 100th anniversary.............................................................HR 855
CODE OF GEORGIA; corrections and revisions .........................................................HB 1213
COGGIN, J. MILTON; recognize.....................................................................................HR 806
COLLEGE PARK, CITY OF; corporate limits...........................................................HB 2044
COLLEGES Albany Junior College; commend students and faculty ................................................SR 313 Certain proprietary institutions; student incentive grants...........................................HB 732 Educational grants and loans; draft registration ...........................................................HB 969 Elections; voter registration; residence requirement...................................................HB 1074 Fort Valley State College; special license plates ............................................................SB 423 Georgia Southern, West Georgia and Albany State Colleges; special license plate ......................................................................................................HB 1444 Georgia State University and Morris Brown College; special license plates ....................................................................................................HB 1384 Joint Developmental Studies in Georgia Study Committee; create............................SR 389 Morehouse College; special license plates........................................................................SB 484 Postsecondary Educational Authorization Act; fine arts colleges; exemption .........................................................................................HB 725 Savannah State College; special license plates ...............................................................SB 424 Teachers; certain institutions; restrictions....................................................................HB 1251 University of Georgia; directional signs on highways ...................................................HR 238 University of Georgia; special license plates ................................................................HB 1500 University System; reimbursement; damage in certain lawsuit ..................................HR 849 Valdosta State College; special license plate ................................................................HB 1893 Wesleyan College; special license plates .......................................................................HB 1258 Young Harris College; special license plate .....................................................................SB 293
COLLINS, CITY OF Mayor; term.........................................................................................................................HB 613 Mayor's term .....................................................................................................................HB 1717
COLQUITT COUNTY Board of commissioners; election ...................................................................................HB 1809 Board of education; compensation.................................................................................HB 1810 Board of education; composition....................................................................................HB 1811 Commissioners; elections ...................................................................................................HB 983
COLUMBIA COUNTY Board of commissioners; amend Act creating ..............................................................HB 1527 Homestead exemption......................................................................................................HB 1979 Motor vehicle registration ...............................................................................................HB 1980 Tri-County Water Authority for the Counties of Columbia, McDuffie, and Lincoln; create ....................................................................................HB 1729

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INDEX

2633

COLUMBUS, CITY OF Airport Commission; extend Constitutional Amendment............................................HB 514 Building Authority; extend Constitutional Amendment..............................................HB 515 Certain bonds; extend Constitutional Amendment.......................................................HB 520 Charter Review Commission; extend Constitutional Amendment..............................HB 529 Columbus-Muscogee County Port Development Commission; extend Constitutional Amendment..............................................................................HB 516 Columbus-Muscogee County; consolidation; extend Constitutional Amendment..............................................................................HB 518 Columbus-Muscogee County; school district; extend Constitutional Amendment..............................................................................HB 510 Ethics violations................................................................................................................HB 1651 Mayor or council; vacancy ...............................................................................................HB 1787
COMER, CITY OF; mayor's term..................................................................................HB 1955
COMMERCE AND TRADE African Development Bank; certain investments...........................................................SB 144 Art; regulate sale of reproductions.................................................................................HB 1253 Attorneys; contingent fees; advertisement.......................................................................SB 570 Automobile warranties; requirement .............................................................................HB 1126 Campground or marine membership; right to cancel ....................................................SB 433 Cosmetologists; dangerous products; prohibit certain sales..........................................SB 366 Deceptive practices; unfair to bill for goods not delivered........................................HB 1124 Drugs; wholesale distribution or sales; regulation..........................................................SB 482 Economic Development Through Historic Preservation Study Committee; create...............................................................................................HR 852 Gasoline marketing practices; retail sales.......................................................................HB 449 Gasoline marketing; below cost sales; liability................................................................SB 415 Hair care and cosmetic products; prohibit certain sales............................................HB 1181 Health spas; bond...............................................................................................................HB 406 Motor vehicle sales; proof of insurance.........................................................................HB 1947 Office supply transactions; certain deceptive practices..............................................HB 1282 Promotional contests and giveaways; definition of lottery........................................HB 1439 Retail Installment and Home Solicitation; bad check fee .........................................HB 1353 Retail installment contracts; time price differential.....................................................HB 242 Securities dealers; regulate..............................................................................................HB 1169 Self-service gasoline retailers; required services..........................................................HB 1022 Seminars; false reason for holding; deceptive practice..................................................SB 326 Service stations; required services..................................................................................HB 1394 State agencies; estimates of supplies and services; availability.................................HB 1135 Telephone; automatic dialing; regulate.........................................................................HB 1218 Trademarks or service marks; counterfeit goods; ex parte seizure.............................HB 924 Trademarks or service marks; wrongful manufacture; penalty...................................HB 918 Underground storage tanks; registration.........................................................................HB 644 Vidalia onions; regulate sale ...........................................................................................HB 1217 Wholesale representatives; sales' contracts in writing...................................................SB 292
COMMERCE, CITY OF; amend Act incorporating ...................................................HB 1932
COMMERCIAL CODE Financing statement; maturity date ..............................................................................HB 1269 Financing statement; maturity date..............................................................................HB 1364
COMMISSIONS Agricultural Commodity Commission for Peanuts; membership................................HB 269 Airport; commission to study noise control..................................................................HB 1203 Area Planning and Development Commission; certain members election..............HB 1118 Atlanta-Fulton County Taxation Study Commission; create......................................HR 686

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2634

INDEX

COMMISSIONS (Continued) Atlanta in DeKalb Study Commission; create...............................................................HR 751 Cobb County Local Governments Study Commission; create......................................SR 447 Commission on Governmental Liability; re-create.........................................................SR 338 Condemnation of Public Property, Commission on; create .......................................HB 1361 DeKalb County Government Study Commission; create .............................................HR 660 DeKalb County Land Use Study Commission; re-create...........................................HB 1881 Georgia State Financing and Investment Commission; sale of notes and bonds; authorization.........................................................................SB 579 Government Authority Study Commission; create........................................................HR 794 Governor's Commission on Black on Black Crime; create...........................................HR 596 Governor's Commission on Black on Black Crime; create............................................SR 334 Governor's No-Fault Insurance Review Commission; create .......................................HR 641 Institution of the General Assembly Study Commission; create .................................SR 377 Land Use and Development Commission; create ........................................................HB 1425 Professional Practices Commission; membership..........................................................HB 888 Real Estate Commission; Land Sales Act; powers ......................................................HB 1343 Regional public projects;APDC serve as coordinating agent.....................................HB 1293 South Cobb County Courthouse Facilities Study Commission; create.......................SB 486 State Boxing Commission; continuation .......................................................................HB 1191 State Children's Trust Fund Commission; establish .....................................................SB 413 State Commission on Legislative Compensation; create ................................................HR 70 State Professional Sports Commission; create.............................................................HB 1255
COMMITTEES After School Program Study Committee; create ...........................................................HR 590 Age of Criminal Responsibility Study Committee; create...........................................HR 749 Alzheimer's Disease Study Committee; commend Department of Human Resources................................................................................HR 611 Aquaculture Study Committee; create ............................................................................HR 656 Center for Rehabilitation Technology Study Committee; re-create...........................HR 638 Changes in the Domicile Insurance Companies Study Committee; create................HR 396 Charitable Fundraising Activities Study Committee; create.......................................HR 469 Child Abuse Study Committee; create............................................................................HR 169 Children and Youth Study Committee; create..............................................................HR 518 DeKalb County Housing Study Committee; create ......................................................HR 839 Disparity in Sentencing Study Committee; create ..........................................................HR 85 Diversion Centers and Halfway Houses Study Committee; create.............................HR 329 Economic Development Through Historic Preservation Study Committee; create...............................................................................................HR 852 Elderly Volunteer Service Credit Study Committee; create........................................HR 707 Farm Crisis in Georgia Study Committee; create.........................................................HR 594 First Incarceration Penal Facility Study Committee; create.......................................HR 467 General Assembly; prohibit disruption of meetings....................................................HB 1234 General Assembly; standing committees; subpoena witnesses..................................HB 1221 General Assembly; subpoena witnesses.........................................................................HB 1195 Governor's Private Sector Survey Committee on Cost Control in State Government; create .................................................................HR 398 Hartsfield Atlanta International Airport Overview Committee; create.....................HR 464 High School Dropouts Study Committee; create...........................................................HR 719 House Ad Valorem Property Taxation Study Committee; create ..............................HR 325 House Law Enforcement Stress Management Study Committee; create..................HR 277 House Study Committee on Municipal Courts; create .................................................HR 708 House Study Committee on Superior Court Judgeships; create.................................HR 710 House Study Committee on Taxation of Recreational Watercraft; create................HR 685 Housing Needs Study Committee; create.........................................................................HR 96 Hunting Seasons Study Committee; create....................................................................HR 771 Joint Developmental Studies in Georgia Study Committee; create............................SR 389

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INDEX

2635

COMMITTEES (Continued) Joint Drug Classification Study Committee; create........................................................HR 86 Joint Farm Labor Sanitation Study Committee; create...............................................HR 687 Joint House and Senate Utility Franchise Study Committee; create........................HR 227 Joint Land Use Planning Procedures Study Committee; create................................HR 239 Joint Liability Insurance Cost Containment Study Committee; create.....................HR 640 Joint Liability Insurance Study Committee; create......................................................HR 577 Joint Public Utility Rate-making Process Study Committee; create ...........................HR 71 Joint Rules of Evidence Study Committee; create........................................................HR 823 Joint Savannah Transit Authority Study Committee; create........................................HR 53 Joint Tandem Trailer Access to Public Roads Study Committee; recreate..............HR 465 Land Use Planning Procedures Study Committee; create...........................................HR 332 Law Enforcement Officer Salary Incentive Study Committee; create.......................HR 301 Law enforcement officers; salary and training; joint committee to study revenue sharing...................................................................SR 324 Martial Arts Study Committee; create..............................................................................HR 56 MARTOC; resolution creating; date of repeal ...............................................................HR 515 Motor Transit Load Limitation Study Committee; create ..........................................HR 328 Motor Vehicle License Plate Transfer Study Committee; create ...............................HR 466 Motor Vehicle Taxation Study Committee; create .......................................................HR 589 "No Pass, No Play" Study Committee; create ...............................................................SR 290 Notaries Public Study Committee .....................................................................................HR 16 Property Damage by Deer Study Committee; create...................................................HR 715 Public Fishing Areas Near Developmental Highways Study Committee; create ...............................................................................................HR 851 Rail Abandonment Study Committee; create ................................................................HR 221 Retired Persons Study Committee; create......................................................................HR 462 Solid Waste Disposal Site Selection Study Committee; create...................................HR 569 Special Agriculture Study Committee; create................................................................HR 688 Staffing in Mental Health Facilities Joint Study Committee; create.............................SR 8 State Housing Activities Study Committee; create.........................................................HR 72 State Personnel Board; review of rules............................................................................SB 145 State Port Facilities Accident Study Committee; create ...............................................HR 10 Task Force on Funding of Indigent Health Care Programs; request Governor create.................................................................................................HR 716 Teachers Retirement System Nominating Committee; meetings ...............................HB 294 Teenage Pregnancy Study Committee; create ...............................................................HR 468 Teenage Pregnancy Study Committee; create...............................................................HR 478 Telephone Harassment Study Committee; create.........................................................HR 334 Uniform Opening Date for School Calendar Year House Study Committee; create...........................................................................................................HR 320 Uniform Opening Date for School Calendar Year Joint Study Committee; create...........................................................................................................HR 233 Uniform School Starting Date Study Committee; create.............................................HR 692 University System Laboratory Equipment and Eminent Scholars Endowment Study Committee .....................................................................HR 573 Workers' Compensation Coverage Study Committee; create .......................................SR 438 Youth Conservation Corps Study Committee; create...................................................HR 663
COMMON CARRIERS AND CONTRACT CARRIERS (See Motor Vehicles and Traffic or Public Utilities and Transportation)
COMMUNICATIONS RECEIVED Edwards, Frank H........................................................................................................Page 12, 12 Evans, Representative Warren D.......................................................................................Page 3 Governor.......................................................................................,...Pages 1, 3, 4, 8, 32, 33, 1831 Long, Representative Bobby...........................................................................................Page 101 Miller, Lieutenant Governor Zell.....................................................................................Page 11

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COMMUNICATIONS RECEIVED (Continued) Murphy, Speaker Thomas B................................................................................Pages 11, 1349 Robinson, Representative Cas ........................................................................................Page 209 Secretary of State................................Pages 2, 5, 137, 175, 347, 728, 1026, 1267, 1441, 1829
COMMUNITY AFFAIRS Adult, Community, and Continuing Education Coordinating Council; create...............................................................................................................HB 1182 Community care; lead agencies; services..........................................................................SB 233 Community development block grant funds; urge Congress oppose deferral...........HR 706 Community work programs; amend provisions...............................................................SB 465 Development districts; ad valorem tax exemption - CA..............................................HR 718 Developmentally disabled persons; habilitation ............................................................HB 873 Property; governmental agencies; judicial actions.......................................................HB 1742 Proposed development districts; ad valorem tax exemption.....................................HB 1783
COMPENSATION OF STATE OFFICIALS Amend..................................................................................................................................HB 585 State auditor......................................................................................................................HB 1550 State Commission on Legislative Compensation.............................................................HR 70
COMPENSATION RESOLUTIONS Andy's of Rome, Inc.,; compensate..................................................................................HR 568 Beech, Helen; compensate.................................................................................................HR 511 Boone, Willie Lee; compensate.........................................................................................HR 635 Boykin, Julia S.; compensate............................................................................................HR 229 Breen, Norman; compensate.............................................................................................HR 743 Carter, Bobbie; compensate..............................................................................................HR 204 Headrick, J. P.; compensate..............................................................................................HR 471 Johnson, Terry Lamar; compensate.................................................................................HR 642 Maddox, David N.; compensate .......................................................................................HR 632 Millsaps, Martha; compensate ..........................................................................................HR 520 Myrick, David J.; compensate..........................................................................................HR 592 Nail, Wyman, Jr., and Rhonda; compensate..................................................................HR 593 Nettles, M. C.; compensate ...............................................................................................HR 689 Palmer, Mickey; compensate............................................................................................HR 570 Persons, Mrs. Allene; compensate....................................................................................HR 513 Peterson, Annie M.; compensate......................................................................................HR 567 Sawyer, Barbara Ann Rozier; compensate......................................................................HR 643 Smith, Glenn; compensate.................................................................................................HR 481 Smith, lan Scot; compensate ............................................................................................HR 228 Webb, Paul; d.b.a. Kwik Kopy #206; compensate........................................................HR 666 Woodall, Franklin D.; compensate...................................................................................HR 742
COMPUTERS Computer or technical equipment; donation to school; tax credit.............................HB 351 Income tax credit; contributions to certain educational organizations......................HB 830
CONDOMINIUMS; certain documents; preparation.....................................................SB 537
CONN, JAMES LEE; commend.......................................................................................HR 672
CONSERVATION AND NATURAL RESOURCES Agency for Removal of Hazardous Materials; create..................................................HB 1952 Asbestos Licensing Board; establish.................................................................................SB 409 Biomass; sales tax exemption...........................................................................................HB 479 Burning leaves on personal property; restriction...........................................................HB 261 Burning woods, lands, marshes and other areas; notify forest ranger ..........................SB 98 Coastal Zone Protection Law; provide ..........................................................................HB 1096 Compensation of certain state officials; amend.............................................................HB 585

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2637

CONSERVATION AND NATURAL RESOURCES (Continued) Conservation ranger; retain weapon and badge on retirement..................................HB 1829 Dams; costs for repair ......................................................................................................HB 1143 Environmental Facilities Authority; create ..................................................................HB 1142 Forestry products; Herty Foundation; research...........................................................HB 1462 Hazardous materials; state officials; liability insurance.............................................HB 1953 Hazardous substances; claims against guarantor; jurisdiction...................................HB 1144 Hazardous substances; disclosure to employees.............................................................HB 206 Hazardous substances; immunity for certain assistance...............................................HB 153 Historic areas; preservation and promotion ....................................................................SB 411 Income tax credits; conservation tillage equipment....................................................HB 1111 Lake Lanier Islands Development Authority; jurisdiction for actions.....................HB 1835 Metropolitan rivers; environmental protection; requirement .......................................SB 317 Park facilities; urge reduced prices for senior citizens .................................................HR 705 Parks; hunting or trapping; written approval ..............................................................HB 1325 Presidential Library State Park Enabling Law; enact................................................HB 1060 Private property; uniform rules of road; enforcement...................................................SB 417 Recreation; fees; discount for elderly ............................................................................HB 1318 Resource Conservation and Development Program; relative to..................................HR 993 Sapelo Island Heritage Authority; Hog Hammock Community................................HB 1938 Shore Assistance Act of 1979; amend............................................................................HB 1097 Shore Assistance Act; Coastal Marshlands Protection; amend....................................SB 450 Solid Waste Disposal Site Selection Study Committee; create...................................HR 569 State Forestry Commission; reforestation incentives program.....................................SB 412 Taxidermists; mounting animals; written permission not necessary ........................HB 1326 Underground Storage Tank Act; provide......................................................................HB 1145 Underground storage tanks; registration.........................................................................HB 644 Underwater salvage and archeology; certain items; state property ............................HB 326 Vessels and Outboard Motors Titling Law; provide ...................................................HB 1248 Waste management; public sewer; certain prohibitions .............................................HB 1424 Water pollution; discharge permits................................................................................HB 1280 Youth Conservation Corps Study Committee; create ...................................................HR 663
CONSTABLES; magistrate court; minimum age.........................................................HB 1220
CONSTITUTIONAL AMENDMENTS Ad valorem tax; agricultural land fixtures .....................................................................HR 510 Ad valorem tax; certain agricultural improvements; exemption.................................HR 709 Ad valorem tax; electric utilities; allocation...................................................................HR 795 Ad valorem tax; historic district; assessments ...............................................................HR 479 Antique automobiles; taxation..........................................................................................HR 936 Board of Regents; members' terms..................................................................................HR 280 Boards of education, election; school superintendents, appointment ........................HR 331 Child support cases; county of residence........................................................................HR 667 Civil rights; prohibit discrimination because of race, sex, national origin, religion, or ancestry ......................................................................HR 68 Counties and municipalities; contracts for water or sewage facilities........................HR 416 Counties and municipalities; eminent domain; certain prohibitions...........................SR 358 Counties and municipalities; planning and zoning powers ..........................................HR 571 Counties and municipalities; public facilities; voter approval........................................SR 92 Counties and municipalities; short-term debt; taxable property ...................................SR 12 Counties and municipalities; urban enterprise zones ...................................................HR 118 Counties and municipalities; water and sewage facilities; finance through Georgia Development Authority.....................................................HR 363 County consolidation; remove referendum requirement ..............................................HR 397 County or municipal jail; incur debt for building ...........................................................HR 14 Development districts; creation; ad valorem tax exemption........................................HR 718 Emergency medical services systems; certain additional fees ......................................SR 317

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2638

INDEX

CONSTITUTIONAL AMENDMENTS (Continued) Four percent sales tax; provide certain exemptions......................................................HR 595 General Assembly members; four-year terms ................................................................HR 659 General Assembly members; terms.......................................................................................SR 5 Georgia Construction Fund; general obligation debt.....................................................SR 427 Grand or trial jurors; selection .........................................................................................HR 762 Indemnification; district attorneys killed or disabled while apprehending criminal..............................................................................--........HR 445
Indemnification; law enforcement officers, firemen, and prison guards; permanent disability ............................................................................HR 644
Initiative petition; power to enact or reject ...................................................................HR 107 Initiative petition; power to enact or reject ...................................................................HR 110 Intangible property; certain tax exemption......................................................................HR 67 Judges; suspension from office; compensation...............................................................HR 506 Local option sales tax for educational purposes; property tax relief.........................HR 279 Local schools; General Assembly provide additional revenue.....................................HR 509 Lotteries; charitable organizations; provide .....................................................................HR 19 Lotteries; operation by nonprofit organizations ............................................................HR 463 Murder; life sentence; prohibit parole........................................................------............SR 83 Pardons and paroles; certain drug activities; prohibitions.............................--...........HR 763 Pardons and Paroles, State Board of; members' election--.........................................HR 237 Pari-mutuel wagering; certain counties--........................................................................HR 108 Property tax relief; elderly..................................................................------.....................HR 9 Public authorities; counties and municipalities; certain prohibitions........................HR 662 Public emergency medical technicians; indemnification................................................HR 69
Public funds; prohibit laws against certain investments in foreign countries.........................................................................................................HR 480
Public officials; federal felony indictment; suspension--................................................HR 25 Public officials; felony indictment; remove from office--................................................ SR 13 Public officials; suspension for felony indictment; compensation..............................HR 505 Public school employees; health insurance plan for retirees.......................................HR 125
Reprieves, pardons and paroles, commuting penalties and suspending death sentences; General Assembly provide by law.....................HR 444
Retired public school employees; health insurance; provide........................................SR 375 Rules of Court; General Assembly approval..................................................................HR 525 School superintendents; qualifications............................................................................HR 783 Speaker of House; serve 6 years.........................................................................................HR 26 Special investigative grand juries; jurisdiction--............................................................HR 231 Special 1% sales tax; educational purposes.....................................................................HR 73 Special state sales tax; educational purposes...................................................................HR 77 State Children's Trust Fund; create..............-----.........................................................SR 330 State departments; General Assembly veto rules and regulations................................SR 46 State lottery; educational purposes and indigent care ...................................................HR 78 State officials; certain election; plurality vote............................................................... HR 501 State School Superintendent; change name to Commissioner of Education............HR 109 Teachers Retirement; certain former teachers; membership.........................................HR 88 Victims of crime; allocation of compensation...................................................................SR 22 Victims of crime; compensation.......................................................................................HR 565 Victims of crime; compensation........................................................................................SR 288
CONSUMER AFFAIRS Alcoholic beverages; consumption during pregnancy; post danger sign...................... SB 376 Attorneys; contingent fees; advertisement.......................................................................SB 570 Automobile warranties; requirement..................................................................--........HB 1126 Campground or marine membership; right to cancel--................................................SB 433 Consumers' Utility Counsel; abolishment........................................................................SB 346 Consumers' Utility Counsel; audit; repeal requirements............................................ HB 1231 Consumers' Utility Counsel; operating costs; fees.........................................................HB 139

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INDEX

2639

CONSUMER AFFAIRS (Continued) Consumers' Utility Counsel; operating costs; fees.......................................................HB 1230 Cosmetologists; dangerous products; prohibit certain sales..........................................SB 366 Deceptive practices; unfair to bill for goods not delivered ........................................HB 1124 Drugs; wholesale distribution or sales; regulation..........................................................SB 482 Health spas; bond...............................................................................................................HB 406 Misbranded foods; tags or markings..............................................................................HB 1171 Promotional contests and giveaways; definition of lottery ........................................HB 1439 Public utilities; rate increase; restrictions.......................................................................HB 137 Retail installment contracts; time price differential.....................................................HB 242 Self-service gasoline retailers; required services..........................................................HB 1022 Service stations; required services..................................................................................HB 1394 State agencies; estimates of supplies and services; availability.................................HB 1135
CONTRACTORS (CONSTRUCTION) Arbitration Code for Contracts; provide..........................................................................SB 540 Georgia Construction Fund; general obligation debt - CA ...........................................SR 427 Improvements to certain residential structures; recover deficiency ...........................HB 738 Sales tax; financial net worth certificate ......................................................................HB 1597 Utility contractors; licensing ...........................................................................................HB 1041
CONTRACTS Arbitration Code for Contracts; provide..........................................................................SB 540 Bad checks; treble damages ...............................................................................................SB 396 Condominiums; certain documents; preparation............................................................SB 537 Insurance companies and agents; contracts....................................................................HB 481 Public works contracts; certain counties.......................................................................HB 1340 Retail installment contracts; time price differential.....................................................HB 242 State contracts; progress payments; contractors..........................................................HB 1131 Transportation, Department of; contract; bids...............................................................SB 148 Transportation, Department of; contract; one bid........................................................HB 549 Transportation, Department of; contract; one bid........................................................HB 705 Wholesale representatives; sales contracts in writing ....................................................SB 292
CONTROLLED SUBSTANCES Change list .........................................................................................................................HB 1158 Cocaine; possession or trafficking; penalty......................................................................SB 397 Distribution permits; suspension....................................................................................HB 1153 Duplicate certain prescriptions for Board of Medical Examiners............................HB 1879 Forfeited property; annual report..................................................................................HB 1365 Out-of-state pharmacies; regulations.............................................................................HB 1576 Pardons and paroles; certain drug activities; prohibitions - CA.................................HR 763 Regulate drug samples .....................................................................................................HB 1160
CONVEYANCES OF PROPERTY Baldwin County; lease certain property...........................................................................SR 357 Bibb County; grant easement...........................................................................................HR 514 Brantley County; convey property ...................................................................................HR 585 Brooks County; convey property......................................................................................HR 572 Cave Spring, City of; convey property .............................................................................SR 289 Cobb County; convey property .........................................................................................HR 178 Douglas County; grant easement......................................................................................HR 482 Effingham County; grant easement .................................................................................HR 566 Emanuel County; convey property ...................................................................................SR 322 Franklin County; bid for state property .........................................................................HR 587 Georgia Forestry Commission; transfer certain structure to Schley Board of Commissioners ..............................................................................HR 770 Grady County; convey property to City of Cairo ..........................................................HR 633 Hamilton County, Tennessee; convey property .............................................................HR 507

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2640

INDEX

CONVEYANCES OF PROPERTY (Continued) Lowndes County; convey property...................................................................................HR 586 Milledgeville, City of; convey property ..............................................................................SR 10 Milledgeville, City of; convey property ..............................................................................SR 96 Norfolk Southern Corporation; State Properties Commission; amend lease..............................................................................................HR 512 Pulaski County; convey property .....................................................................................HR 519 Western and Atlantic Railroad; amend lease.................................................................HR 500
COOK COUNTY Board of commissioners; election districts....................................................................HB 2011 Board of education; elections................................--.............--....--................................HB 2010
COOLER, CASSANDRA; commend................................................-..............................HR 945
COPELAND, J. PAUL; commend...................................................................................HR 830
CORONERS Deceased persons; notice of infectious diseases ...........................................................--SB 387 Funeral directors; prohibit service as coroner..............................................................HB 1486 Post-mortem Exam; removal of pituitary glands ..........................................................HB 249 Release records to other states.......................................................................................HB 1329
CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS Articles of incorporation; publication of merger............................................................HB 280 Closely held corporations; minority shareholder; certain actions.............................HB 1940 Cooperative Associations; regulation.............................................................................HB 1136 Corporate documents; Secretary of State; retention of records ................................HB 1296 Corporations; mandatory cumulative voting of shares..................................................SB 319 Counties and municipalities; contracts for water or sewage facilities - CA................................................................................................HR 416 Health maintenance organizations; establish...............................................................HB 1748 Income tax credit; library rental......................................................................................HB 694 Public service corporations and utilities; operating costs; special fees ........................................................................................HB 1232 Takeovers; certain corporations; repeal provisions......................................................HB 1278 Uniform Partnership Act; suits against partners ........................................................HB 1229
CORRECTIONS, DEPARTMENT OF (Also, see Penal Institutions) Board members; reimbursement of expenses...............................................................--SB 437 Claims Advisory Board; add member......................--................................................HB 1314
COSMETOLOGY Dangerous products; prohibit certain sales.....................................................................SB 366 Electrologists, State Board of; create.................................----....................................HB 1139 Hair care and cosmetic products; prohibit certain sales............................................HB 1181 Services in location other than beauty salon ...............................................................HB 1927 State Board of; amend provisions..................................................................................HB 1173
COUNCIL FOR CHILDREN, INC.; commend.............-...........................----.......HR 774
COUNTIES (Also, see Local Governments or named County) Abandoned wells; authorization to cover.........................................................................SB 421 Ad valorem tax; electric utilities; allocation.................................................................HB 1977 Ad valorem tax; electric utilities; allocation - CA.--.....................................................HR 795 Ad valorem tax; homestead exemption......................................................................... HB 1676 Annexation; municipalities having independent school systems; amend provisions.......................................................................................... HB 1697 Area Planning and Development Commission; certain members election ..............HB 1118 Arrest prior to trial; violations of ordinances.................................................................SB 355

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2641

COUNTIES (Also, see Local Governments or named County) (Continued) Birth and death registration; fees paid by county treasurer .......................................HB 716 Board of commissioners; provide.....................................................................................HB 867 Board of education; chairman's term..............................................................................HB 569 Board of education; communication council; establish...................................................HB 98 Board of education; disciplinary matters; appeals ......................................................HB 1276 Board of education; organization; provide by local law................................................HB 859 Board of education; parties right to appeal decision.....................................................SB 416 Board of education; remove members..............................................................................SB 335 Board of education; sales; certain exceptions...............................................................HB 1197 Board of education; self-insurers; liability insurance..................................................HB 1553 Board of education, election; school superintendent, appointment - CA..................HR 331 Board of health; appointment of district directors.....................................................HB 1381 Board of health; appointment of members.....................................................................HB 689 Board of health; certain counties; unclassified personnel..........................................HB 1152 Board of health; composition; certain ordinances .......................................................HB 1757 Board of health; immunity from liability.....................................................................HB 1549 Board of tax assessors; membership..............................................................................HB 1785 Branch banking; limited purpose bank; define..............................................................HB 279 Branch banking; metropolitan statistical area; define.....................................................SB 65 Business license; restrictions.............................................................................................HB 154 Cable television systems; franchise license......................................................................SB 300 Child support cases; county of residence - CA..............................................................HR 667 Civil service system; provide...........................................................................................HB 1193 Coastal Zone Protection Law; provide ..........................................................................HB 1096 Commissioners; vacancies and election............................................................................SB 422 Community development block grant funds; urge Congress oppose deferral...........HR 706 Consolidation; remove referendum requirement - CA..................................................HR 397 Controlled substances; forfeited property; annual report..........................................HB 1365 Corporations; income tax credit; library rental..............................................................HB 694 Correctional institutions; violent death of inmate; notify GBI....................................SB 217 Counties and municipalities; contracts for water or sewage facilities - CA .....................................................................................................HR 416 Counties and municipalities; joint self-insurance programs .........................................SB 369 Counties and municipalities; urban enterprise zones - CA..........................................HR 118 Counties and municipalities; water and sewage facilities; finance through Georgia Development Authority - CA............................................HR 363 Counties housing state prisoners; fee............................................................................HB 1397 County commissioner; certain counties; minimum salary............................................HB 453 County or municipal jail; incur debt for building - CA..................................................HR 14 County tax; municipal downtown development; financial assistance.......................HB 2002 Deeds; master forms; record .............................................................................................HB 178 Development authorities; office building facilities; description................................HB 1007 Development districts; ad valorem tax exemption - CA..............................................HR 718 Distilled spirits; unlawful transportation; seizure ..........................................................SB 356 Education; school security personnel; powers................................................................HB 568 Emergency medical services; certain immunity ...........................................................HB 1526 Eminent domain; certain prohibitions - CA....................................................................SR 358
Emission inspection; driving without certificate; local jurisdiction..........................HB 1313
Employees' Retirement System; county probation system; options................................................................................................................HB 422
Employees' Retirement System; county tax officials and employees .................................................................................................................HB 417
Employees' Retirement System; transfer juvenile detention service employees..........................................................................................HB 612
Failure to observe holiday for Martin Luther King birthday; prohibit grant of state funds.....................................................................HB 1157

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2642

INDEX

COUNTIES (Also, see Local Governments or named County) (Continued) Financial statements; filing.............................................................................................HB 1498 Fulton County Hospital authority; membership .........................................................HB 1372 Fulton County; charitable contributions; appropriations; population classification ..............................................................................................HB 1580 Georgia County Welfare Association; commend............................................................HR 799 Governmental reorganization study commission; Fulton County .............................HB 1790 Grand juries; duties and terms.......................................................................................HB 1233 Handicapped parking; special enforcement unit ............................................................SB 343 Health improvement programs; urge establishment by State Board of Education..............................................................................................HR 810 Health-screening program; urge the assistance of Association County Commissioners of Georgia....................................................,.....HR 681 Highways; private driveways; delete certain prohibitions ............................................HB 797 Highways; weight and load of vehicles; county roads.................................................HB 1306 Hospital authorities; audits; filing requirements.........................................................HB 1355 Hospital authorities; sale or lease of project; referendum ..............................................SB 56 Hospital authorities; two local governments; membership ..........................................HB 641 House Study Committee on Taxation of Recreational Watercraft; create................HR 685 Housing authorities; number of commissioners.............................................................HB 243 Indigent Health Care Provider Reimbursement Fund; create ....................................HB 556 Indigent pregnant women; cost of health care...............................................................HB 487 Indigent pregnant women; cost of health care; county of residence ..........................HB 561 Investments in certain financial institutions................................................................HB 1876 Jail officer; training course; requirement.........................................................................SB 451 Joint Land Use Planning Procedures Study Committee; create ................................HR 239 Judicial circuits; compensating more than one law clerk................................................SB 83 Land covenants; time limitations.....................................................................................HB 127 Land Use Planning Procedures Study Committee; create ...........................................HR 332 Law Enforcement Officers' Rules and Procedures Act; enact.....................................HB 812 License plates; check for fees; make payable to office .................................................HB 143 License plates; county name decals; amateur radio operators ..................................HB 1357 License plates; staggered registration............................................................................HB 1317 Limit funding for certain services..................................................................................HB 1649 Local boards of education; teachers and principals; assignments.............................HB 1965 Local government audits; amend provisions ...................................................................SB 228 Local government audits; comply with federal requirements......................................HB 858 Local government investment pool; approved uses.....................................................HB 1349 Local governmental reorganization; General Assembly's authority ..........................HB 1572 Magistrate courts; contract to serve in municipal courts...........................................HB 1477 Medical examiner; establish office; certain counties...................................................HB 1485 Mortgages; cancellation procedures; certain counties .................................................HB 1900 Nuisances; repair or close certain buildings ....................................................................SB 377 Occupational tax; auctioning; certain limitations ........................................................HB 1716 Occupational tax; certain levy ..........................................................................................HB 477 Officers; filing return; monies received and expended ...............................................HB 1415 Officials; conflicts of interest; property sales ...............................................................HB 1577 Pari-mutuel wagering; certain counties - CA.................................................................HR 108 Past due taxes; interest rate...........................................................................................HB 1452 Planning and zoning powers - CA....................................................................................HR 571 Prisoners; actions against certain officials; forms...........................................................SB 460 Prisoners; emergency medical costs; payment..............................................................HB 1370
Probation Systems; merge with state; employee benefits ............................................HB 308
Processioning of boundaries; certain counties.................................................................SB 325
Proposed development districts; ad valorem tax exemption.....................................HB 1783
Public authorities; certain prohibitions - CA.................................................................HR 662
Public facilities; voter approval - CA.................................................................................SR 92

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2643

COUNTIES (Also, see Local Governments or named County) (Continued) Public officers; oath of office.............................................................................................SB 347 Public officials and employees; liability insurance; amend provisions........................SB 440 Public Retirement System; certain crimes; restrict membership................................HB 258 Public Retirement System; membership; certain prohibitions....................................HB 426 Public works contracts; certain counties.......................................................................HB 1340 Railroads; condemnation .................................................................................................HB 1371 Regional public projects; Area Planning and Development Commission serve as coordinating agent...................................................................HB 1293 Retirement systems; investments...................................................................................HB 1684 Salt-water islands; zoning..................................................................................................HB 911 School superintendents; qualifications ............................................................................HB 328 School superintendents; qualifications; - CA.................................................................HR 783 Septic tanks; boards of health; regulations ..................................................................HB 1465 Sheriffs; minimum salaries.................................................................................................SB 419 Short-term debt; taxable property - CA............................................................................SR 12 Short-term indebtedness ......................................................................................................SB 28 Special 1% sales tax; amend provisions........................................................................HB 1469 Special sales tax; certain water and sewer projects.....................................................HB 1243 State court juries; uniform procedures...............................................................................SB 48 State courts; pre-sentence report; provide copy to defendant .....................................SB 374 State courts; solicitors' qualifications...............................................................................SB 370 Surveyors; licensing .............................................................................................................SB 348 Tax assessors; confidentiality .............................................................................................HB 80 Tax digests; property on appeal.......................................................................................HB 214 Tax officials; annual training requirements .................................................................HB 1488 Tax officials; certain qualifications................................................................................HB 1378 Tax officials; vacancies; interim appointments............................................................HB 1480 Tax Officials' Retirement Fund; create.........................................................................HB 1034 Taxation and license fees; transfer schedule ................................................................HB 1734 Taxation; State Board of Equalization; abolish...........................................................HB 1715 Taxes and license fees; illegal collection; time limit on claim for refund.......................................................................................................HB 1543 Tennessee Valley Authority; payments to local governments; formula ...................HB 2066 Underground blasting; regulations .................................................................................HB 1489 Urban enterprise zones; provide.......................................................................................HB 642 Zoning Procedures Law for Metropolitan Counties; provide.......................................HB 715 Zoning Procedures Law; amend provisions ..................................................................HB 1141 Zoning proceedings; liability for participation.............................................................HB 1389 Zoning prohibitions; officials having property interest.................................................HB 618
COUNTY BOARDS OF HEALTH Composition; certain ordinances ....................................................................................HB 1757 District directors; appointment ......................................................................................HB 1381 Immunity from liability ...................................................................................................HB 1549 Septic tanks; regulations..................................................................................................HB 1465
COURTS (Also, see Crimes and Offenses or Criminal Procedure) Adopted persons; access to certain records ..................................................................HB 1992 Alcoholic beverages; immunity from certain liability .................................................HB 1440 Alias tax executions; issuance ...........................................................................................HB 307 Animals; owners' liability for damages..........................................................................HB 1043 Appalachian Judicial Circuit; terms ..............................................................................HB 1589 Appeals; contempt; granting supersedeas.....................................................................HB 1418 Appeals; superior court; term for trial .............................................................................SB 183 Arbitration Code for Contracts; provide..........................................................................SB 540 Arrest prior to trial; violations of county ordinances ....................................................SB 355 Assistant district attorneys; salary; degree requirement ............................................HB 1277

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2644

INDEX

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Attorneys; admission to practice law; fingerprint ..........................................................SB 312 Attorneys; contingency fees.............................................................................................HB 1184 Augusta Judicial Circuit; add judge...............................................................................HB 1595 Augusta Judicial Circuit; add judge.................................................................................HB 182 Bail bonds; certain officials; prohibitions........................................................................SB 565 Cherokee Judicial Circuit; district attorney's investigator; compensation ............................................................................................HB 637 Child abuse; admissible evidence .......................................................................................HB 18 Child abuse; admissible evidence .....................................................................................HB 292 Child abuse; evidence; confidentiality .............................................................................HB 383 Child abuse; hearsay evidence ........................................................................................HB 1260 Child abuse; prosecution; time limitation.......................................................................HB 385 Child custody; age of child to select parent ...................................................................HB 315 Child Custody; change in residence; notification ........................................................HB 1200 Child custody; grandparents; visitation rights.............................................................HB 1643 Child custody; home investigations; contested cases....................................................HB 444 Child custody; interviews with child................................................................................HB 445 Child custody; jurisdiction................................................................................................HB 499 Child custody; outside investigations ............................................................................HB 1694 Child custody; parental agreement..................................................................................HB 377 Child custody; rights of child; age ...................................................................................HB 246 Child custody; shared parental responsibility ................................................................HB 424 Child custody; shared parental responsibility................................................................HB 699 Child support cases; county of residence - CA..............................................................HR 667 Child support programs; urge Judicial Council to study .............................................HR 736 Civil cases; order for trial; priority for elderly................................................................SB 173 Civil Justice Reform; amend Code.................................................................................HB 1186 Civil practice; attorney's fees.............................................................................................SB 434 Civil practice; consolidation of actions............................................................................HB 631 Civil practice; depositions and discovery; request for admission.................................SB 454 Civil practice; discovery .....................................................................................................HB 211 Civil practice; dismissal of actions.................................................................................HB 1185 Civil practice; filing of pleadings....................................................................................HB 1586 Civil practice; General Assembly member; continuance.............................................HB 1250 Civil practice; groundless claims; attorney's fees.........................................................HB 1146 Civil practice; groundless claims; attorney's fees.........................................................HB 1224 Civil practice; habeas corpus; relief from judgment.......................................................SB 461 Civil practice; judgment by default..................................................................................SB 101 Civil practice; juries; charges and instructions in writing.............................................SB 313 Civil practice; pleading; required signature.....................................................................SB 385 Civil practice; relief from judgments................................................................................SB 457 Civil practice; renewal after dismissal.............................................................................HB 789 Civil practice; renewal of case after dismissal; costs......................................................SB 315 Closely held corporations; minority shareholder; certain actions .............................HB 1940 Cobb Judicial Circuit; judges' retirement; certain expenses.........................................SB 285 Cobb Judicial Circuit; judges; supplement......................................................................SB 373 Council of Magistrate Court Judges; create.................................................................HB 1414 Criminal cases; child victim or witness; speedy trial ..................................................HB 1087 Criminal procedure; bond; conditional release from liability ......................................HB 748 Criminal procedure; dismissal of action; cost assessment.............................................SB 339 Criminal procedure; maximum fines for misdemeanors.............................................HB 1612
Criminal procedure; sentence changes; time limitation..............................................HB 1154
Criminal records purge; persons released without charge..........................................HB 1759
Death penalty; date of execution .....................................................................................HB 248
Death penalty; eliminate ...................................................................................................HB 390
Death penalty; lethal intravenous infusion.....................................................................HB 848

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2645

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Death penalty; underage persons; special procedures....................................................SB 468 Death sentence; moratorium ...............................................................................................HR 87 Deprived child; detention hearing; time limitation........................................................SB 309 Dispossessory proceedings; landlord store personal property......................................HB 429 District administrative judge; temporary assignment.................................................HB 1753 Division of Youth Services; felony conviction; jurisdiction............................................HB 14 Domestic relations case; contempt of court.....................................................................SB 181 Dougherty Judicial Circuit; judges; supplements ........................................................HB 2025 Driving under the influence; chemical tests; admissibility ........................................HB 1021 Driving under the influence; bail prohibitions...............................................................HB 792 Driving under the influence; nolo contendere plea ........................................................SB 462 Driving under the influence; nolo contendere plea; requirements.................................SB 33 Driving under the influence; nolo contendere; unacceptable plea............................HB 1706 Driving under the influence; penalty provisions............................................................HB 706 Eastern Judicial Circuit; designate judges pro hac vice; extend Constitutional Amendment............................................................................HB 1562 Eminent domain; costs of proceedings..........................................................................HB 1793 Emission inspection; driving without certificate; local jurisdiction ..........................HB 1313 Employees attending judicial proceeding; prohibit dismissal.......................................SB 314 Employees' Retirement; Supreme Court Justices and Court of Appeals Judges; optional benefits................................................................HB 666 Employment; attendance at judicial proceeding; prohibit dismissal........................HB 1327 Estates; administrators or executors; bond ....................................................................HB 966 Estates; appraisement of property; evidence...................................................................SB 208 Estates; partition of property ...........................................................................................HB 363 Estates; surviving spouse; letter of administration .....................................................HB 1228 Estates; year's support; amend provisions ....................................................................HB 1650 Estates; year's support; eliminate determination by appraisers..................................HB 908 Evidence; crime victim present in court .........................................................................HB 217 Federal judges; appointment; "Missouri Plan"; urge amendment to United States Constitution .......................................................................................SR 346 Felony cases; probation and fine....................................................................................HB 1906 First offenders; record of exoneration ...........................................................................HB 1342 First offenders; sentencing; court review record.............................................................SB 442 Flint Judicial Circuit; add judge ....................................................................................HB 1478 Fulton County; indigent defense ......................................................................................HB 473 Garnishment summons; defendant's social security number.......................................HB 786 Garnishments; federal courts; continuance.....................................................................HB 938 Georgia Ports Authority; venue in actions ......................................................................SB 338 Grand juries; duties and terms.......................................................................................HB 1233 Grand or trial jurors; selection - CA................................................................................HR 762 Grandparents; visitation rights.........................................................................................HB 892 Guardian and ward; power of attorney; limitations ....................................................HB 1732 Guardians; sale of ward's property ................................................................................HB 1571 Habeas corpus; felony inmate; notice not to appeal ...................................................HB 1279 Habeas corpus; judge hold proceeding at penal institution.......................................HB 1751 Hazardous substances; immunity for certain assistance...............................................HB 153 Health Planning Review Board; judicial review ..........................................................HB 1591 House Study Committee on Municipal Courts; create.................................................HR 708 House Study Committee on Superior Court Judgeships; create.................................HR 710
Human Resources; final order or action; amend appeal provisions .........................HB 1315
Indemnification; district attorneys killed or disabled while apprehending criminal - CA...............................................................HR 445
Indigent defense; liability of attorney ...........................................................................HB 1818
Interference with custody; penalty for crime .................................................................HB 500
Joint Rules of Evidence Study Committee; create........................................................HR 823

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2646

INDEX

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Judicial circuits; compensating more than one law clerk................................................SB 83 Judicial circuits; judge employ court administrator.........................................................SB 24 Judicial Council; adoption of rules and regulations; prior notice .............................HB 1227 Juries; charges and instructions in writing...................................................................HB 1047 Jury duty; elderly; exemption...........................................................................................HB 114 Jury duty; elderly; exemption.........................................................................................HB 1265 Jury duty; exempt certain women .................................................................................HB 1544 Jury strikes; felony cases....................................................................................................SB 358 Juvenile courts; access to records; certain school officials ...........................................HB 620 Juvenile courts; capital crimes; jurisdiction ....................................................................SB 323 Juvenile courts; traffic offenses by minors; jurisdiction...............................................HB 540 Juvenile proceedings; certain traffic and waterways offenses; jurisdiction........................................................................................................SB 351 Lake Lanier Islands Development Authority; jurisdiction for actions.....................HB 1835 Law Enforcement Officers' Rules and Procedures Act; enact.....................................HB 812 Libel actions; evidence..........................................................................................................SB 77 Libel; visual or sound broadcast; evidence ...................................................................HB 1123 Local boards of education; parties right to appeal decision.........................................SB 416 Lookout Mountain Judicial Circuit; add judge..............................................................HB 335 Magistrate court clerks; age requirement .....................................................................HB 1419 Magistrate court; constables; minimum age.................................................................HB 1220 Magistrate courts; amend provisions................................................................................SB 340 Magistrate courts; civil claims; jurisdiction ....................................................................HB 215 Magistrate courts; contract to serve in municipal courts...........................................HB 1477 Magistrate courts; default judgments; appeals ............................................................HB 1333 Magistrates; full-time or part-time; number, term, selection ......................................HB 652 Magistrates; practice in any court; certain conditions...................................................SB 475 Magistrates; practice in own court; restrictions.............................................................HB 651 Medical information; religious counseling; confidentiality ...........................................HB 962 Medical malpractice cases; guardian ad litem; appointment........................................SB 459 Mentally ill persons; involuntary hospitalization...........................................................SB 153 Mentally ill persons; sterilization.....................................................................................HB 237 Mentally retarded persons; transfer custody..................................................................HB 207 Mentally retarded persons; treatment..............................................................................SB 152 Minors; prohibit loitering in public places ...................................................................HB 1249 Mortgages; cancellation procedures; certain counties .................................................HB 1900 Mountain Judicial Circuit; investigator; compensation..............................................HB 2009 Mountain Judicial Circuit; terms of court.......................................................................SB 539 Municipal court judges; residency requirements ...........................................................HB 241 Municipal court; establishment ......................................................................................HB 1476 Municipal courts; driving under the influence; jurisdiction ......................................HB 1472 Municipal courts; jurisdiction; shoplifting ......................................................................HB 458 Northeastern Judicial Circuit; add judge ........................................................................SB 186 Parental rights; termination..............................................................................................HB 175 Piedmont Judicial Circuit; add judge..............................................................................HB 356 Piedmont Judicial Circuit; add judge...............................................................................SB 264 Probate court judge; compensation for serving as magistrate........................................SB 73 Probate court; chief clerk; fill vacancy in office of judge...........................................HB 1246 Probate court; chief clerks; appointment.........................................................................SB 249
Probate courts of certain counties; right of jury trial; appellate practice..........................................................................................................HB 1367
Probate courts; jurisdiction of game and fish violations ............................................HB 1842
Probate of wills; acknowledgment of service................................................................HB 1324
Proceedings; broadcast, televise, or record .....................................................................HB 796
Property; governmental agencies; judicial actions.......................................................HB 1742
Public officials; federal felony indictment; suspend compensation ..........................HB 1287

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2647

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Public officials; federal felony indictment; suspension - CA.........................................HR 25 Public officials; felony indictment; remove from office - CA.........................................SR 13 Public sales; continuation without interruption ..........................................................HB 1496 Railroad or electric companies; certain injuries; change venue.................................HB 1216 Rules of Court; General Assembly approval - CA.........................................................HR 525 Sentencing; victim impact statement ..............................................................................HB 218 Sexual contact; minors; hearsay evidence .......................................................................HB 289 Sexual exploitation of child; reports by film processors ............................................HB 1202 Sexual offenses; admissible evidence; minors.................................................................HB 757 Sexual offenses; minors; certain protection ......................................................................HB 29 Sexual offenses; minors; priority court cases....................................................................HB 28 Sheriffs; annual training; filling of vacancy....................................................................HB 344 Sheriffs; minimum salaries.................................................................................................SB 419 Sheriffs' Retirement Fund; benefits; fee in civil cases .................................................HB 318 Special investigative grand juries; jurisdiction - CA.....................................................HR 231 State courts; juries; uniform procedures............................................................................SB 48 State courts; pre-sentence report; provide copy to defendant .....................................SB 374 State courts; solicitors' qualifications...............................................................................SB 370 State government; legal proceedings and hearings; certain fees .................................HB 470 Stone Mountain Judicial Circuit; add judge ................................................................HB 1156 Superior court clerks; annual training...........................................................................HB 1368 Superior court clerks; certain information to GBI; repeal provisions.........................SB 448 Superior court clerks; liens; certain information..............................................................SB 66 Superior court clerks; minimum salary ............................................................................SB 405 Superior court clerks; vacancy; appointment ...............................................................HB 1688 Superior court judges; continuing education; reimbursement of expenses..............HB 1696 Superior court judges; retirement age .............................................................................HB 355 Superior court judges; secretaries' salary.........................................................................SB 561 Superior Court Judges' Retirement; provisions relating to spouse.............................HB 397 Superior courts; fees.........................................................................................................HB 1644 Superior courts; judges' retirement; spouse's benefits...................................................SB 174 Teachers; jury leave; certain cases .................................................................................HB 1416 Theft by shoplifting; municipal courts............................................................................HB 459 Torts; charities; limit recovery........................................................................................HB 1659 Torts; using force against another....................................................................................SB 489 Trademarks or service marks; counterfeit goods; ex parte seizure.............................HB 924 Trademarks or service marks; wrongful manufacture; penalty ...................................HB 918 Traffic citation; failure to respond; license suspension ................................................HB 179 Traffic citations; failure to respond; reinstatement of license .....................................SB 551 Traffic citations; license suspension in lieu of bail; reinstatement..............................SB 552 Traffic offenses; challenging conviction ........................................................................HB 1351 Traffic offenses; conviction record; forwarding fee .....................................................HB 1602 Traffic offenses; municipality collect fines...................................................................HB 1241 Trials; child victim or witness; videotaped deposition ...............................................HB 1086 Uniform Enforcement of Foreign Judgments Law; enact.............................................SB 164 Uniform Partnership Act; suits against partners ........................................................HB 1229 University System; reimbursement; damage in certain lawsuit ..................................HR 849 Victims of crime; depositions; minors .............................................................................HB 288 Waycross Judicial Circuit; term.......................................................................................HB 746 Weapons; exemptions; certain public officials ...............................................................HB 572 Western Judicial Circuit; Clark County staff positions..............................................HB 1661 Wills; probate in solemn form; beneficiaries .....................................................................SB 46 Wrongful death; prelitigation screening........................................................................HB 1383 Youth development centers; juvenile participation........................................................SB 308
COVINGTON, CITY OF; Parking authority; extend
Constitutional Amendment............................................................................................. HB 1443

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2648

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COWETA COUNTY; probate judge; nonpartisan election ...........................................SB 189
CRAFT, DR. GUY CALVIN; commend ........................................................................HR 844
"GRAFTED WITH PRIDE IN THE USA" LOGOS; urge use by textile manufacturers....................................................................................................HR 752
CRAWFORD, BETTY; commend....................................................................................HR 891
CREMINS, COACH AND GEORGIA TECH BASKETBALL TEAM
Commend; invite "Buzz", the Yellow Jacket mascot, to House................................HR 603
CREWS, ALVIN L., Ill; commend .................................................................................HR 729
CRIMES AND OFFENSES (CRIMINAL CODE) Abortions; certain minors or incompetent persons; notices.........................................HB 310 Age of Criminal Responsibility Study Committee; create ...........................................HR 749 Alcoholic beverage; consumption while driving .............................................................HB 414 Alcoholic beverages; prohibit certain conduct on premises where sold .....................HB 291 Arrests; use of force ........................................................................................................HB 1363 Attorneys; admission to practice law; fingerprint ..........................................................SB 312 Bad checks; penalty for issuance ......................................................................................SB 307 Bad checks; standardize fees for issuance ....................................................................HB 1354 Baiting an animal; penalty ................................................................................................HB 934 Bathhouses; prohibit operation ......................................................................................HB 1189 Beverage containers; certain prohibitions.....................................................................HB 1413 Bingo games; fees for operations.......................................................................................SB 303 Child abuse and sexual abuse victims; restitution ........................................................HR 476 Child abuse cases; admissible evidence...........................................................................HB 292 Child abuse cases; hearsay evidence ..................................................--.........................HB 1260 Child Abuse Study Committee; create............................................................................HR 169 Child abuse; admissible evidence.......................................................................................HB 18 Child abuse; prosecution; time limitation.........................----..--...................--..........HB 385 Child abuse; reporting requirements .............................................................................HB 1092 Child abuse, sexual abuse, sexual exploitation; training in management of cases.................................................................................................HR 477 Children and Youth programs; certain persons; criminal record checks .................HB 1261 Cocaine; possession or trafficking; penalty ......................................................................SB 397 Cocaine; possession, trafficking; penalty.......................................................................HB 1198 Contracts; bad checks; treble damages.............................................................................SB 396 Controlled substances; certain distribution permit; suspension................................HB 1153 Controlled substances; change list.................................................................................HB 1158 Controlled substances; duplicate certain prescriptions for Board of Medical Examiners ................................................................................HB 1879 Controlled substances; forfeited property; annual report ..........................................HB 1365 Controlled substances; regulate drug samples..............................................................HB 1160 Correctional institutions; deputize certain persons........................................................SB 436 County officials; conflicts of interest; property sales..................................................HB 1577 Criminal Procedure; aggravated sodomy; bail requirements ........................................SB 344 Criminal records purge; persons released without charge ..........................................HB 1759 Criminal trespassing; private property; weapons............................................................SB 212 Day-care centers or personal care homes; employee record checks..........................HB 1420 Death penalty; eliminate ...................................................................................................HB 390 Death sentence; moratorium ...............................................................................................HR 87 Deceptive practices; unfair to bill for goods not delivered ........................................HB 1124 Distilled spirits; unlawful transportation; seizure ..........................................................SB 356 Division of Youth Services; felony conviction; jurisdiction............................................HB 14 Dog theft; provide penalty ..................................................................................................HB 71 Driving under the influence conviction; distinctive markings on vehicle..................HR 744

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2649

CRIMES AND DEFENSES (CRIMINAL CODE) (Continued) Driving under the influence; penalty.............................................................................HB 1831 Elections; counterfeiting ballots; felony..........................................................................HB 245 Evidence; crime victim present in court.........................................................................HB 217 Family violence provisions; certain non-married persons..........................................HB 1447 Felony conviction; probation costs and fine.................................................................HB 1921 Firearms; penalty for theft..............................................................................................HB 1455 Firearms; record searches by FBI; costs .......................................................................HB 1162 Firearms; stun gun or taser; definition .........................................................................HB 1109 Firefighter applicant; criminal record disclosure............................................................SB 391 Firefighter organizations; false representation...............................................................HB 222 First offenders; record of exoneration ...........................................................................HB 1342 First offenders; sentencing; court review record.............................................................SB 442 Forced entry; justification for protecting home.............................................................HB 113 Fraudulent tax returns; penalties.....................................................................................HB 845 Fraudulent tax returns; penalties...................................................................................HB 1878 Fulton County; indigent defense......................................................................................HB 473 General Assembly; prohibit disruption of meetings....................................................HB 1234 Governor's Commission on Black on Black Crime; create...........................................HR 596 Governor's Commission on Black on Black Crime; create............................................SR 334 Handicapped children; standard of care.........................................................................HB 586 Homicide by vehicle; driver's license suspension.........................................................HB 1708 Homicide by vehicle; punishment......................................................................................HB 63 Homicide by vehicle; seizure of vehicle.........................................................................HB 1709 Human Resources; criminal record check; certain employment...............................HB 1421 Impersonating a peace officer; penalty .........................................................................HB 1341 Indemnification; district attorneys killed or disabled while apprehending criminal - CA...............................................................HR 445 Insurance fraud; definition................................................................................................HB 353 Interference with child custody; violating visitation rights period ...........................HB 1794 Interference with custody; penalty ..................................................................................HB 500 Invasion of privacy; automated telephone sales............................................................HB 790 Judges; suspension from office; compensation - CA .....................................................HR 506 Jury strikes; felony cases....................................................................................................SB 358 Juvenile courts; capital crimes; jurisdiction ....................................................................SB 323 Law enforcement officers; discharging duty; prohibit interference..........................HB 1320 Law enforcement officers; discharging duty; prohibit interference.............................SB 362 Libel; visual or sound broadcast; evidence...................................................................HB 1123 Litter control; poultry feathers.........................................................................................HB 389 Lotteries; charitable organizations; provide - CA............................................................HR 19 Lotteries; nonprofit corporations; authorization..........................................................HB 1164 Merchants' parking area; certain criminal trespass ....................................................HB 1433 Minors; prohibit loitering in public places ...................................................................HB 1249 Motor vehicle license plate; penalty for issuing bad check........................................HB 1639 Municipal courts; jurisdiction; shoplifting......................................................................HB 458 Murder; life sentence; prohibit parole - CA......................................................................SR 83 New trials for certain prisoners; deplore court decision...............................................HR 461 Office supply transactions; certain deceptive practices..............................................HB 1282 Pardons and paroles; certain drug activities; prohibitions - CA.................................HR 763 Physicians; dispensing drugs; records............................................................................HB 1159 Public gatherings; disorderly conduct; punishment .......................................................SB 332 Public housing; fraudulently obtaining; penalty..............................................................HB 30
Public officials; federal felony indictment; suspension - CA.........................................HR 25
Public officials; felony indictment; remove from office - CA.........................................SR 13
Public officials; suspension for felony indictment; compensation - CA.....................HR 505
Public officials; federal felony indictment; suspend compensation..........................HB 1287
Public retirement systems; certain crimes; restrict membership ................................HB 258

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2650

INDEX

CRIMES AND OFFENSES (CRIMINAL CODE) (Continued) Public retirement systems; membership; certain prohibitions ....................................HB 426 Sale of human body parts; penalty ...................................................................................SB 146 Seminars; false reason for holding; deceptive practice ..................................................SB 326 Sentencing; victim impact statement ..............................................................................HB 218 Sexual contact offenses; amend provisions...,.................................................................HB 184 Sexual contact; minors; hearsay evidence .......................................................................HB 289 Sexual exploitation of child; reports by film processors ............................................HB 1202 Sexual exploitation of children; reports by film processors.......................................HB 1194 Sexual offenses; admissible evidence; minors.................................................................HB 757 Sexual offenses; exploitation of child; reports by film processors .................................SB 79 Sexual offenses; minors; certain protection ......................................................................HB 29 Sexual offenses; minors; penalty ....................................................................................HB 1201 Sexual offenses; minors; priority court cases....................................................................HB 28 Sexual offenses; minors; punishment.............................................................................HB 1264 Sexual offenses; victim of rape; spouse...........................................................................HB 708 Smoking in public places; prohibitions .........................................................................HB 2074 State Children's Trust Fund Commission; establish .....................................................SB 413 State Children's Trust Fund; create - CA.......................................................................SR 330 State lottery; educational purposes and indigent care - CA..........................................HR 78 Stolen vehicles; proof of ownership; return.....................................................................SB 135 Superior court clerks; certain information to GBI; repeal provisions.........................SB 448 Teachers Retirement System; falsifying records; penalty ............................................HB 293 Telephone Harassment Study Committee; create .........................................................HR 334 Theft by shoplifting; municipal courts............................................................................HB 459 Tobacco products; prohibit sales to minors..................................................................HB 1331 Torts; using force against another ....................................................................................SB 489 Trespass battery; provide penalty for crime ................................................................HB 1151 Trials; child victim or witness; videotaped deposition ...............................................HB 1086 Vending machines; prohibit sales of condoms .............................................................HB 1817 Victims of crime; allocation of compensation - CA..........................................................SR 22 Victims of crime; compensation - CA..............................................................................HR 565 Victims of crime; compensation - CA...............................................................................SR 288 Victims of crime; compensation from bond fees..........................................................HB 1380 Videotapes; transfers or reproduction; prohibitions....................................................HB 1723 Weapons possession; retired peace officer; certain exceptions....................................HB 889 Weapons; confiscation; official use.................................................................................HB 1417 Weapons; exemptions; certain public officials ...............................................................HB 572 Weapons; license to carry; residency requirement ......................................................HB 1226 Youth development centers; juvenile participation........................................................SB 308
CRIMINAL JUSTICE Fulton County; indigent defense......................................................................................HB 473 Indigent defense; liability of attorney ...........................................................................HB 1818
CRIMINAL PROCEDURE Age of Criminal Responsibility Study Committee; create ...........................................HR 749 Aggravated sodomy; bail requirements ............................................................................SB 344 Alcoholic beverages; underage buyer; arrest by retailer ...............................................HB 936 Appeals; superior court; term for trial .............................................................................SB 183 Appearance bonds; minimum assets of sureties ..........................................................HB 1110 Arrest prior to trial; violations of county ordinances ....................................................SB 355 Arrest; probable cause hearing .........................................................................................HB 669 Arrest; use of force ...........................................................................................................HB 1363 Bail bonds; terms and duration.........................................................................................SB 334 Bond surety; property owner ..........................................................................................HB 1558 Bond; conditional release from liability ..........................................................................HB 748 Child abuse; prosecution; time limitation.......................................................................HB 385

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INDEX

2651

CRIMINAL PROCEDURE (Continued) Children and youth programs; certain persons; criminal record checks..................HB 1261 Citizen posse provision; delete..........................................................................................HB 668 Death penalty; date of execution .....................................................................................HB 248 Death penalty; eliminate ...................................................................................................HB 390 Death penalty; lethal intravenous infusion.....................................................................HB 848 Death penalty; underage persons; special procedures....................................................SB 468 Death sentence; moratorium...............................................................................................HR 87 Dismissal of action; cost assessment.................................................................................SB 339 Disparity in Sentencing Study Committee; create ..........................................................HR 85 Driving under the influence; bail provisions; blood alcohol content..........................HB 118 Family violence; arrest without warrant .........................................................................HB 224 Felony cases; probation and fine....................................................................................HB 1906 Felony conviction; probation costs and fine.................................................................HB 1921 First offenders; sentencing; court review record.............................................................SB 442 Fulton County; indigent defense......................................................................................HB 473 Habeas corpus; felony inmate; notice not to appeal ...................................................HB 1279 Indemnification; district attorneys killed or disabled while apprehending criminal - CA...............................................................HR 445 Indigent defense; liability of attorney ...........................................................................HB 1818 Juries; charges and instructions in writing...................................................................HB 1047 Juvenile courts; capital crimes; jurisdiction ....................................................................SB 323 Minors; prohibit loitering in public places ...................................................................HB 1249 Misdemeanors; maximum fines ......................................................................................HB 1612 New trials for certain prisoners; deplore court decision...............................................HR 461 Pardons and paroles; certain life sentences; prohibitions..........................................HB 1882 Probation; suspended sentence; notice of change in residence.................................HB 1369 Reprieves, pardons and paroles, commuting penalties and suspending death sentences; General Assembly provide by law - CA...........HR 444 Sentence changes; time limitation .................................................................................HB 1154 Sentencing; victim impact statement ..............................................................................HB 218 Sexual offenses; admissible evidence; minors.................................................................HB 757 Sexual offenses; minors; certain protection ......................................................................HB 29 Sexual offenses; minors; priority court cases....................................................................HB 28 Sexual offenses; minors; punishment.............................................................................HB 1264 State courts; pre-sentence report; provide copy to defendant .....................................SB 374 Stolen vehicles; proof of ownership; return.....................................................................SB 135 Traffic citations; license suspension in lieu of bail; reinstatement..............................SB 552 Trials; child victim or witness; videotaped deposition ...............................................HB 1086 Victims of crime; allocation of compensation - CA..........................................................SR 22 Victims of crime; compensation - CA..............................................................................HR 565 Victims of crime; compensation - CA...............................................................................SR 288 Victims of crime; compensation from bond fees..........................................................HB 1380 Victims of crime; depositions; minors .............................................................................HB 288 Weapons; confiscation; official use.................................................................................HB 1417
CRISP COUNTY Electric system revenue bonds; extend Constitutional Amendment ............................HB 24 Hydro-electric bonds; extend Constitutional Amendment.............................................HB 23
CRISP, TOMMY; commend..............................................................................................HR 560
CROMPTON, MR. AND MRS. R. L.; congratulations on 70th Anniversary .........HR 821
CRUMBLEY, HONORABLE ALEX; commend.........................................................HR 777
CULVER KIDD MEDICAL AND SURGICAL BUILDING Designation...........................................................................................................................SR 361 Recognize .............................................................................................................................HR 867

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2652

INDEX

CURRY, COACH BILL; commend .................................................................................HR 604

D
DADE COUNTY; board of education; quorum............................................................HB 2055
DALLAS, DR. R. E.; commend ........................................................................................HR 614
DALTON, CITY OF Building authority; extend Constitutional Amendment .............................................HB 1996 Downtown development authority; extend Constitutional Amendment..................HB 1461
DAMAGE TO PROPERTY Criminal trespassing; private property; weapons............................................................SB 212 Income tax credit; damage by wild deer.......................................................................HB 1520
DAMS; costs for repair.......................................................................................................HB 1143
DARDEN, HONORABLE GEORGE W. "BUDDY"; invite to House..................HR 655
DASHER, SCOTT; commend ...........................................................................................HR 528
DAUGHERTY, REV. ROBERT E., SR.; commend ...................................................HR 897
DAVIS, JOHN; commend ..................................................................................................HR 782
DAVIS, LOLA;commend...................................................................................................HR 788
DAVIS, SCOTTIE;recognize............................................................................................HR 906
DAWSON COUNTY Homestead exemption; certain income ............................................................................SB 572 License fees; unincorporated area....................................................................................HB 547 License fees; unincorporated area.....................................................................................SB 282
DAY CARE Child-care agencies; license restrictions ........................................................................HB 1225 Child-care agencies; residents; emergency relocation..................................................HB 1262 Day-care center facilities; state employees......................................................................SB 306 Personal care homes; employee record checks.............................................................HB 1420
DEAL, DEWAYNE; invite to House...............................................................................HR 523
DEAN, HONORABLE DOUGLAS C.; commend.....................................................HR 1017
DEATH PENALTY Age of Criminal Responsibility Study Committee; create...........................................HR 749 Date of execution................................................................................................................HB 248 Eliminate..............................................................................................................................HB 390 Lethal intravenous infusion..............................................................................................HB 848 Moratorium............................................................................................................................HR 87 Reprieves, pardons and paroles, commuting penalties, suspending death sentences; General Assembly provide by law - CA...................HR 444 Underage persons; special procedures ..............................................................................SB 468
DEBTOR AND CREDITOR Garnishment summons; defendant's social security number.......................................HB 786 Garnishments; federal courts; continuance.....................................................................HB 938
DECATUR, CITY OF Corporate limits ................................................................................................................HB 1852
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INDEX

2653

DECATUR, CITY OF (Continued) Homestead exemption; elderly .......................................................................................HB 1473 Homestead exemption; elderly .......................................................................................HB 1722
DECATUR COUNTY; board of education; provisions .................................................SB 596
DEEDS Master forms; record ..........................................................................................................HB 178 Property; deeds to secure debt; cancellation..................................................................HB 840
DEKALB COUNTY Assistant solicitors; appointment ...................................................................................HB 1685 Atlanta in DeKalb Study Commission; create ...............................................................HR 751 Board of Registrations and Elections; repeal; population classification ....................HB 942 Boards of health; certain counties; unclassified personnel ........................................HB 1152 Certain contracts without election; extend Constitutional Amendment ....................SB 585 Certain laws; application ....................................................................................................SB 599 Citizens' zoning counsel; create ......................................................................................HB 1130 Construction funds for stadiums; extend Constitutional Amendment .......................SB 586 Firemen; time on duty .....................................................................................................HB 1925 Firemen; time on duty .....................................................................................................HB 1926 Fulton County library system; special districts ...........................................................HB 1493 Fulton-DeKalb Counties; annexation; certain areas; population classification ................................................................................................HB 820 Garbage and waste disposal; certain contracts; extend Constitutional Amendment ............................................................................HB 1767 Government Study Commission; create ..........................................................................HR 660 Grant, Franklin D., DeKalb County Board of Education; commend.........................HR 954 Housing Study Committee; create ...................................................................................HR 839 Junior college; extend Constitutional Amendment .....................................................HB 1089 Junior college; extend Constitutional Amendment .....................................................HB 1442 Land Use Study Commission; re-create........................................................................HB 1881 Medical examiner; extend Constitutional Amendment ................................................HB 403 Motor vehicles; registration.............................................................................................HB 1841 Probate judge and superior court clerk; compensation ..............................................HB 1079 Special services tax districts; extend Constitutional Amendment............................HB 1837 State court; certain fees...................................................................................................HB 1868 Taxation of municipalities; extend Constitutional Amendment ...............................HB 1632 Zoning changes; conflicts of interest..............................................................................HB 1138
DEKLE, CATHERINE; commend ..................................................................................HR 733
DEKLE, NICOLE; commend ............................................................................................HR 732
DENTISTS AND DENTAL HYGIENISTS Dental hygienists; certain duties ....................................................................................HB 2048 Dental hygienists; Level II licensing..............................................................................HB 1687
DEVAN, JAMES WESLEY; commend .........................................................................HR 861
DEVELOPMENT AUTHORITIES Alternative living home......................................................................................................HB 192 Georgia Development Authority; amend provisions...............................................;....HB 1686 Georgia Development Authority; finance water and sewage facilities; counties and municipalities - CA...................................................HR 363 Office building facilities; description.............................................................................HB 1007
DISABLED PERSONS (See Handicapped Persons)
DISTRICT ATTORNEYS Assistant district attorneys; salary; degree requirement ............................................HB 1277

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2654

INDEX

DISTRICT ATTORNEYS (Continued) Employees' Retirement; secretaries; service credit...........................................................SB 50 Habeas corpus; felony inmate; notice not to appeal ...................................................HB 1279 Indemnification; district attorneys killed or disabled while apprehending criminal - CA..........................................................................................HR 445
DIXON, DR. PIERCE KENDAL, JR.; commend ......................................................HR 773
DODGE COUNTY Board of education; election; extend Constitutional Amendment............................HB 1823 Dodge County-Eastman Development Authority; extend Constitutional Amendment............................................................................HB 1822
DOGS Baiting an animal; penalty ................................................................................................HB 934 Dog theft; provide penalty ..................................................................................................HB 71
DOMESTIC RELATIONS Adopted persons; access to certain records ..................................................................HB 1992 Adoption; foreign children; termination of parental rights........................................HB 1211 Alimony; modify judgment.................................................................................................SB 211 Alimony; permanent judgments; modifications ..............................................................SB 445 Alimony; revise provisions.................................................................................................HB 428 Birth certificate; father's signature................................................................................HB 1475 Child Abuse Action Fund; establish ..............................................................................HB 1107 Child Abuse Study Committee; create ............................................................................HR 169 Child abuse; evidence; confidentiality .............................................................................HB 383 Child abuse; reporting requirements .............................................................................HB 1092 Child custody; age of child to select parent ...................................................................HB 315 Child custody; appeals; application ...............................................................................HB 1150 Child custody; change in residence; notification .........................................................HB 1200 Child custody; court jurisdiction ......................................................................................HB 499 Child custody; grandparents; visitation rights .............................................................HB 1643 Child custody; home investigations; contested cases ....................................................HB 444 Child custody; interviews with child................................................................................HB 445 Child custody; outside investigations ............................................................................HB 1694 Child custody; parental agreement ..................................................................................HB 377 Child custody; rights of child; age ...................................................................................HB 246 Child custody; shared parental responsibility ................................................................HB 424 Child custody; shared parental responsibility ................................................................HB 699 Child custody; visitation rights.......................................................................................HB 1266 Child custody; visitation rights.......................................................................................HB 1551 Child support programs; urge Judicial Council to study .............................................HR 736 Contempt of court; arrest...................................................................................................SB 181 Family violence; arrest without warrant .........................................................................HB 224 Family violence provisions; certain non-married persons ..........................................HB 1447 Grandparents; visitation rights.........................................................................................HB 892 Grandparents; visitation rights..........................................................................................SB 395 Income tax credits; child care and household and dependent care expenses ...............................................................................................HB 765 Income tax refunds; setoff collections; claimant agencies..........................................HB 1108 Interference with child custody; violating visitation rights period...........................HB 1794 Marriage license; HTLV-III test; requirement ............................................................HB 1190 Mentally retarded persons; transfer custody..................................................................HB 207 Public Safety, Department of; access to records; Human Resources .......................HB 1388 Sexual offenses; victim of rape; spouse ...........................................................................HB 708 State Children's Trust Fund Commission; establish .....................................................SB 413 State Children's Trust Fund; create - CA.......................................................................SR 330

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INDEX

2655

DOUGHERTY COUNTY Board of education; election ...........................................................................................HB 1104 Dougherty County-Albany; joint registration and elections board...........................HB 1284 Motor vehicle registration ...............................................................................................HB 2027 State court; costs and fees...............................................................................................HB 2026
DOUGHERTY JUDICIAL CIRCUIT; judges; supplements..................................HB 2025
DOUGLAS COUNTY Chief magistrate; compensation .....................................................................................HB 1922 Coroner; compensation.....................................................................................................HB 2021 Douglasville-Douglas County Water and Sewer Authority; membership ................HB 1958 Grant easement...................................................................................................................HR 482 Motor vehicle registration ...............................................................................................HB 1923
DOUGLASVILLE, CITY OF Douglasville-Douglas County Water and Sewer Authority; membership ................HB 1958
DRIVER'S LICENSE Access to record by certain persons....................................................................................SB 45 Alcoholic beverage; consumption while driving .............................................................HB 414 Alcoholic beverage; consumption while driving .............................................................HB 489 Conditional driver's license; suspension; limited permit ..............................................HB 382 Defensive driving course; fee ..............................................................................................HB 57 Distinctive driver's licenses; age requirement ..................................................................HB 17 Driver training schools; license renewal ........................................................................HB 1423 Driving during suspension; penalty ..................................................................................SB 389 Driving under the influence; accidents; serious injuries; penalty ...............................HB 496 Driving under the influence; arrest; releasing impounded vehicle..............................HB 146 Driving under the influence; bail prohibitions................................................................SB 122 Driving under the influence; bail provisions; blood alcohol content..........................HB 118 Driving under the influence; nolo contendere plea........................................................SB 462 Driving under the influence; nolo contendere plea; requirements.................................SB 33 Driving under the influence; nolo contendere; unacceptable plea............................HB 1706 Driving under the influence; penalty .............................................................................HB 1831 Driving under the influence; penalty provisions............................................................HB 706 Driving under the influence; second suspension; alcohol education program ...............................................................................................SB 29 Driving under the influence; treatment, prevention, and education; portion of fine or forfeiture - CA......................................................HR 296 Education; alcohol and drug course; amend provisions.................................................SB 441 Facial photograph.................................................................................................................HB 19 Firefignter applicant; driving record disclosure..............................................................SB 392 Habitual offender; notice of suspension........................................................................HB 1525 Habitual violator status; moving violations..................................................................HB 1917 Homicide by vehicle; suspension....................................................................................HB 1708 Identification card; persons 20 years or younger; requirement ....................................SB 393 Insurance; submit license for lack of proof ..................................................................HB 1505 Issuance; amend provisions .............................................................................................HB 1541 Juvenile courts; traffic offenses; jurisdiction..................................................................HB 540 Minors; conditional license; waive certain requirements..............................................HB 360 Motor vehicle insurance; driving without proof; suspension .....................................HB 1954 Public Safety, Department of; access to records; Human Resources .......................HB 1388 Renewal; examination .........................................................................................................SB 320 Suspension; certain conviction; probation ......................................................................HB 359 Suspension; foreign judgments .........................................................................................HB 545 Traffic citation; failure to respond; suspension .............................................................HB 179 Traffic citations; failure to respond; reinstatement of license .....................................SB 551 Traffic citations; license suspension in lieu of bail; reinstatement..............................SB 552

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2656

INDEX

DRIVER'S LICENSE (Continued) Traffic offenses; conviction record; forwarding fee .....................................................HB 1602 Uniform rules of the road; amend provisions ................................................................HB 571 Unlawful use; contraband..................................................................................................HB 932
DRIVING UNDER THE INFLUENCE Accidents; serious injuries; penalty ..................................................................................HB 496 Alcoholic beverage; consumption while driving .............................................................HB 414 Alcoholic beverage; consumption while driving .............................................................HB 489 Arrest; releasing impounded vehicle ................................................................................HB 146 Arrests; bail prohibitions....................................................................................................SB 122 Bail prohibitions .................................................................................................................HB 792 Bail provisions; blood alcohol content.............................................................................HB 118 Chemical tests; admissibility...........................................................................................HB 1021 Defensive driving course; fee ..............................................................................................HB 57 Distinctive markings on vehicle if convicted..................................................................HR 744 Driver's license; second suspension; alcohol education program....................................SB 29 Driver's license; unlawful use; contraband .....................................................................HB 932 Education; alcohol and drug course; amend provisions.................................................SB 441 Homicide by vehicle; driver's license suspension.........................................................HB 1708 Homicide by vehicle; seizure of vehicle.........................................................................HB 1709 Municipal courts; jurisdiction.........................................................................................HB 1472 Nolo contendere plea ..........................................................................................................SB 462 Nolo contendere plea; requirements...................................................................................SB 33 Nolo contendere; unacceptable plea..............................................................................HB 1706 Penalty...............................................................................................................................HB 1831 Penalty provisions ..............................................................................................................HB 706 Suspended driver's license; certain conviction; probation............................................HB 359 Treatment, prevention and education; portion of fine or forfeiture - CA.................HR 296 Uniform rules of the road; amend provisions ................................................................HB 571
DRUGS AND DRUG DEPENDENCY AND ABUSE
Cocaine; possession or trafficking; penalty......................................................................SB 397 Cocaine; possession, trafficking; penalty .......................................................................HB 1198 Controlled substances; certain distribution permits; suspension ..............................HB 1153 Controlled substances; change list.................................................................................HB 1158 Controlled substances; duplicate certain prescriptions
for Board of Medical Examiners ................................................................................HB 1879 Controlled substances; forfeited property; annual report ..........................................HB 1365 Disability services; provide..............................................................................................HB 1385 Driving under the influence; accidents; serious injuries; penalty ...............................HB 496 Driving under the influence; arrest; releasing impounded vehicle..............................HB 146 Driving under the influence; bail prohibitions................................................................SB 122 Driving under the influence; bail provisions; blood alcohol content ..........................HB 118 Driving under the influence; nolo contendere plea........................................................SB 462 Driving under the influence; nolo contendere plea; requirements.................................SB 33 Driving under the influence; nolo contendere; unacceptable plea............................HB 1706 Driving under the influence; penalty.............................................................................HB 1831 Driving under the influence; penalty provisions............................................................HB 706 Driving under the influence; second suspension;
alcohol education program ...............................................................................................SB 29 Driving under the influence; treatment, prevention
and education; portion of fine or forfeiture - CA......................................................HR 296 Education; alcohol and drug course; amend provisions.................................................SB 441 Joint Drug Classification Study Committee; create........................................................HR 86 Liability insurance; certain contracts; prohibitions.....................................................HB 1503 Mentally ill persons; involuntary hospitalization ...........................................................SB 153 Mentally ill persons; outpatient or inpatient treatment ...............................................SB 318

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INDEX

2657

DRUGS AND DRUG DEPENDENCY AND ABUSE (Continued) Out-of-state pharmacies; regulations.............................................................................HB 1576 Pardons and paroles; certain drug activities; prohibitions - CA.................................HR 763 Pharmacists; continued education; licensing...................................................................SB 267 Physicians; dispensing drugs; records............................................................................HB 1159 Prescription drugs; warning label, nutritional deficiencies ..........................................HB 972 Watercraft; prohibit operation while under the influence ............................................SB 316 Wholesale distribution or sales; regulation......................................................................SB 482
DULUTH, CITY OF; amend charter.............................................................................HB 2065
DUNCAN, SHERIFF HARLAN T.; condolences .......................................................HR 904
DUNWOODY, WILLIAM ELLIOTT, JR.; condolences ..........................................HR 622

E
EARLY COUNTY; development authority; extend Constitutional Amendment ...HB 1846
EAST ELLIJAY, CITY OF; new charter ....................................................................HB 2067
EAST POINT, CITY OF Business and Industrial Development Authority; membership.................................HB 1679 Fulton County; library tax; exemption..........................................................................HB 1896
EASTERN JUDICIAL CIRCUIT; judges pro hac vice; designate; extend Constitutional Amendment.............................................................HB 1562
EASTMAN, CITY OF Corporate limits................................................................................................................HB 1824 Dodge County-Eastman Development Authority; extend Constitutional Amendment............................................................................HB 1822
ECONOMY Economic Development Through Historic Preservation Study Committee; create...............................................................................................HR 852 National Highway Traffic Safety Administration; urge amendment of MPG levels....................................................................................SR 340 Special Agriculture Study Committee; create ................................................................HR 688 State Forestry Commission; reforestation incentives program.....................................SB 412
EDMONSON, STEVE; commend ....................................................................................HR 491
EDUCATION Adult, Community, and Continuing Education Coordinating Council; create.......................................................................................HB 1182 After School Program Study Committee; create ...........................................................HR 590 Alcohol and drug course; amend provisions....................................................................SB 441 Alcohol and drug safety course; minors; repeal certain provisions.............................HB 361 Annexation; certain municipalities; limitations ..............................................................SB 380 Annexation; municipal corporations; independent school systems..............................SB 328 Annexation; municipalities having independent school systems; amend provisions ..............................................................................HB 1697 Board of Regents; members' terms - CA........................................................................HR 280 Boards of education; disciplinary matters; appeals.....................................................HB 1276 Boards of education, election; school superintendents, appointment - CA...............HR 331 Certain proprietary institutions; student incentive grants...........................................HB 732
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2658

INDEX

EDUCATION (Continued) Computer or technical equipment; donation to school; tax credit .............................HB 351 County boards of education; chairman's term...............................................................HB 569 County boards of education; remove members...............................................................SB 335 County boards of education; sales; certain exceptions ...............................................HB 1197 Disciplinary actions; superintendent's determination.................................................!!!) 1561 Driver education motor vehicle; ad valorem tax; definition .........................................SB 474 Educational personnel; sick leave; personal reasons .....................................................HB 427 English; designate official language of the State of Georgia .......................................HR 717 Extracurricular activities; academic requirement........................................................HB 1274 Grants and loans; draft registration ................................................................................HB 969 Handicapped children; special education services.........................................................HB 262 Handicapped children; special education services; expenses .......................................HB 263 Handicapped persons; Human Resources provide services.............................................SB 22 Health improvement programs; urge establishment by State Board of Education................................,.............................................................HR 810 Health insurance; teachers; certain contributions ..........................................................SB 443 High School Dropouts Study Committee; create...........................................................HR 719 Income tax credit; contributions to certain educational organizations......................HB 830 Income tax; teachers; credit for certain expenses..........................................................HB 687 Joint Developmental Studies in Georgia Study Committee; create............................SR 389 Juvenile courts; access to records; certain school officials ...........................................HB 620 Legislative Education Research Council; abolish ........................................................HB 1653 Legislative Education Research Council; change name to House Research Council ..............................................................................................HB 1127 Loans; National Guard; eligibility..................................................................................HB 1446 Local boards of education; communication council; establish.......................................HB 98 Local boards of education; organization; provide by local law....................................HB 859 Local boards of education; parties right to appeal decision .........................................SB 416 Local boards of education; self-insurers; liability insurance......................................HB 1553 Local boards of education; teachers and principals; assignments.............................HB 1965 Local option sales tax for educational purposes; property tax relief - CA.................................................................................................HR 279 Local option sales tax; school district debt payment..................................................HB 1655 Local schools; General Assembly provide additional revenue CA ..............................HR 509 "No Pass, No Play" Study Committee; create ...............................................................SR 290 Opie, Brenda G., 1986 Georgia Teacher of the year; commend..................................HR 825 Opie, Brenda G., 1986 Georgia Teacher of the year; invite to House........................HR 824 Parent-Teacher Association; commend; designate 2/18/86 PTA Day........................HR 598 Postsecondary Educational Authorization Act; fine arts colleges; exemption .........................................................................................HB 725 Professional Practices Commission; membership ..........................................................HB 888 Public property; filing conveyances; amend provisions ..............................................HB 1888 Quality Basic Education Act; amend provisions..........................................................HB 1178 Quality Basic Education Act; enact.................................................................................HB 225 Retired Teachers' Day; designate...................................................................................HB 1147 Retired Teachers' Day; designate .....................................................................................SB 357 School bus drivers; minimum salary..............................................................................HB 1662 School buses; authority for certain use.........................................................................HB 1560 School buses; exhaust system; requirements ................................................................HB 1463 School crossings; safety provisions.....................................................................................HB 65 School food service personnel; sick leave.........................................................................SB 438
School security personnel; powers....................................................................................HB 568
School superintendents; qualifications ............................................................................HB 328
School superintendents; qualifications; - CA .................................................................HR 783
Schools; age of enrollment.................................................................................................HB 284
Schools; maximum enrollment age...................................................................................HB 784

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INDEX

2659

EDUCATION (Continued) Schools; silent prayer or meditation................................................................................HB 350 Silent prayer in schools; urge amendment to United States Constitution................HR 517 Southern Regional Education Compact; admit Oklahoma..........................................HB 387 Special 1% sales tax; educational purposes - CA............................................................HR 73 Special state sales tax; educational purposes - CA .........................................................HR 77 State Board of Education; expenses.................................................................................SB 427 State Board of Education; health improvement program; establish ............................HB 49 State School Superintendent; change name to Commissioner of Education - CA.................................................................................HR 109 Student loan; setoff debt; income tax refund ..............................................................HB 1464 Student loan; setoff debt; income tax refund ..............................................................HB 1700 Teacher aides; work under teacher supervision...........................................................HB 1812 Teachers; certain institutions; restrictions....................................................................HB 1251 Teachers; certain leave; creditable service ......................................................................HB 345 Teachers; demotion or nonrenewal of contract; notice..................................................SB 478 Teachers; jury leave; certain cases .................................................................................HB 1416 Teachers; sick leave; certain references.........................................................................HB 1441 Teachers; test exemptions ...............................................................................................HB 1188 Testing and attendance counts; prohibitions...............................................................HB 2049 Transfer students; extra-curricular activities; eligibility ............................................HB 1163 Uniform Opening Date for School Calendar Year House Study Committee; create...........................................................................................................HR 320 Uniform Opening Date for School Calendar Year Joint Study Committee; create...........................................................................................................HR 233 Uniform School Starting Date Study Committee; create.............................................HR 692 University System Laboratory Equipment and Eminent Scholars Endowment Study Committee; create.........................................................HR 573 University System; reimbursement; damage in certain lawsuit..................................HR 849 Vocational and technical institutions; redesignate......................................................HB 1836 Vocational education; handicapped persons; certain state funds...............................HB 339 Voluntary silent prayer, meditation, contemplation; urge amendment to United States Constitution ........................................................SR 376
EFFINGHAM COUNTY Grant easement...................................................................................................................HR 566 Industrial development authority ..................................................................................HB 1449 Industrial development authority; extend Constitutional Amendment ...................HB 1483 Motor vehicle registration ...............................................................................................HB 1966
ELLAVILLE, CITY OF; mayor and council; election ..................................................SB 469
ELBERT COUNTY Board of education; recreate...........................................................................................HB 1167 Commissioners; amend provisions..................................................................................HB 1390
ELBERTON, CITY OF; Mayor and council; election ................................................HB 1392
ELDERLY Alzheimer's Disease Study Committee; commend Department of Human Resources ......................................................................................................HR 611 Civil cases; order for trial; priority ...................................................................................SB 173 Community care; lead agencies; services..........................................................................SB 233 Elderly Volunteer Service Credit Study Committee; create........................................HR 707 Homestead exemption......................................................................................................HB 1179 Homestead exemption......................................................................................................HB 1180 Hospitals and nursing homes; liens; treatment of injured person...............................SB 456 Hunting and fishing license; nonresident .....................................................................HB 1574 Income tax exemption; certain retirement income........................................................HB 829

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2660

INDEX

ELDERLY (Continued) Income tax exemption; certain retirement income......................................................HB 1345 Income tax; additional exemption......................................................................................HB 12 Income tax; exempt certain retirement income ...........................................................HB 1575 Jury duty; exemption .........................................................................................................HB 114 Jury duty; exemption .......................................................................................................HB 1265 Living wills; certain forms ...............................................................................................HB 1352 Living wills; certain forms..................................................................................................SB 444 Living wills; forms ..............................................................................................................HB 446 Long-term care facilities; civil liability; amend provisions ........................................HB 1583 Nursing homes; accommodations; certain requirements ............................................HB 1330 Park facilities; urge reduced prices for senior citizens .................................................HR 705 Prostheses; sales tax exemption .....................................................................................HB 1598 Recreation; fees; discount................................................................................................HB 1318 Retired Persons Study Committee; create......................................................................HR 462 War Veterans Home; urge additional appropriations....................................................SR 158
ELEANOR, TOWN OF; repeal Act incorporating ......................................................HB 1533
ELECTIONS Absentee ballots; delivery to persons in hospital ..........................................................HB 210 Alcoholic beverages; election day sales; repeal provision ................................................SB 70 Amend Code ......................................................................................................................HB 1338 Amend Code .........................................................................................................................SB 296 Boards of education, election; school superintendents, appointment - CA...............HR 331 Campaign and financial disclosure report; certain date.............................................HB 1530 Campaign funds; prohibit personal use...........................................................................HB 575 Campaigns; persons receiving certain compensation; prohibit activities ...................HB 717 Candidate receiving plurality of votes...........................................................................HB 1271 Candidates; lists; time for posting ...................................................................................HB 440 Candidates; qualifications; amend provisions .................................................................SB 375 Code; corrections and amendments...............................................................................HB 1215 Counterfeiting ballots; felony............................................................................................HB 245 Counties and municipalities; public facilities; voter approval - CA..............................SR 92 County commissioners; vacancies......................................................................................SB 422 Deputy registrars and clerks; additional duties..............................................................SB 490 Exit poll; prohibit within 250 feet of polling places .....................................................HB 209 Federal vote fraud investigation; urge cessation............................................................HR 738 Financial disclosure; contributions and expenditures.................................................HB 1339 Financial disclosure; General Assembly candidates......................................................HB 150 Fulton County; voter registration; post card...................................................................SB 168 General Assembly candidates; financial disclosure .....................................................HB 1286 General Assembly members; four-year terms - CA.......................................................HR 659 Incumbent; indicate on ballot...........................................................................................HB 379 Nonpartisan primary; separate ballot..............................................................................HB 441 Polling places; convenience.............................................................................................HB 1235 Polling places; handicapped voters; access .......................................................................HB 76 Presidential electors; amend provisions ..........................................................................HB 963 Presidential preference primary; date ..............................................................................SB 455 Primary date........................................................................................................................HB 442 Public officials and employees; engaging in political activities; authorize ..........................................................................................SB 305 Public officials; employment and financial disclosure form; file ................................HB 492 Republican National Convention in 1988; relative to...................................................HR 741 Run-off; time for holding ..................................................................................................HB 815 Special primaries; time for holding..................................................................................HB 816 State officials; certain election; plurality vote - CA......................................................HR 501 Straight party ballots; amend provisions ........................................................................HB 939

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INDEX

2661

ELECTIONS (Continued) Straight party ballots; amend provisions.........................................................................SB 295 United States Representative or Senator; registered voter............................................HR 54 Unopposed candidates; omit names from ballot............................................................HB 439 Voter registration places; location of cards ....................................................................HB 208 Voter registration; location of cards ...................................................................................SB 34 Voter registration; residence requirement ....................................................................HB 1074
ELECTRICAL SERVICE Ad valorem tax; allocation...............................................................................................HB 1977 Ad valorem tax; allocation - CA.......................................................................................HR 795 Consumers' Utility Counsel; abolishment........................................................................SB 346 EMC; satellite television systems.....................................................................................HB 639 New construction; certification of need ..........................................................................HB 874 New construction; certification of need ........................................................................HB 1090 Nuclear generating plants; costs .......................................................................................SB 111 Public Service Commission; nuclear generating plants; prudency determination..................................................................................................SB 263 Tennessee Valley Authority; payments to local governments; formula...................HB 2066
ELECTROLOGISTS; State Board of; create...............................................................HB 1139
ELEVATORS AND ESCALATORS; handicapped persons; access to public buildings.....................................................................................................SB 20
ELLIOTT, BILL; invite to House ....................................................................................HR 473
ELLIS, WILLIAM MARCENE; commend...................................................................HR 805
EMANUEL COUNTY Convey property ..................................................................................................................SR 322 Development Authority; creating; extend Constitutional Amendment....................HB 1998
EMERGENCIES AND EMERGENCY SERVICES Emergency Management Division; Department of Defense; executive director............................................................................................................HB 693 Emergency Management Personnel Recognition Day; designate 2/12/86 .................HR 546 Emergency medical services systems; amend provisions...............................................SB 400 Emergency medical services systems; certain additional fees - CA.............................SR 317 Firemen; amend definition..............................................................................................HB 1581 Medical service systems; additional fees.......................................................................HB 1578 Motor vehicles; flashing or revolving red lights..............................;..............................HB 455 Municipalities and counties; certain immunity............................................................HB 1526 Prisoners; emergency medical costs; payment..............................................................HB 1370 Public emergency medical technicians; indemnification ..............................................HB 268 Public emergency medical technicians; indemnification - CA.......................................HR 69 Telephone number 911 systems; maintenance fees.....................................................HB 2003
EMERGENCY MANAGEMENT PERSONNEL RECOGNITION DAY; designate 2/12/86...........................................................................................-..--HR 546
EMERSON, CITY OF; mayor's court; provide............................................................HB 1491
EMERY, RALPH; commend .............................................................................................HR 802
EMINENT DOMAIN Coal pipeline companies ....................................................................................................HB 450 Costs of proceedings.........................................................................................................HB 1793 Counties and municipalities; certain prohibitions - CA................................................SR 358 Railroads; condemnation; counties and municipalities...............................................HB 1371

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2662

INDEX

EMISSIONS, MOTOR VEHICLES Certificate of title; certain vehicles; emission standards............................................HB 1974 Driving without certificate; local jurisdiction...............................................................HB 1313 Exclude 11 year-old vehicles...........................................................................................HB 1254 Fees.....................................................................................................................................HB 1321 Inspection fees.....................................................................................................................HB 336 New motor vehicles; certain requirement .....................................................................HB 1377 Verification form; requirement.......................................................................................HB 1183
EMPLOYEES RETIREMENT SYSTEM (See Retirement and Pensions or State Employees)
EMPLOYMENT Aid to families; exempt certain income.........................................................................HB 2001 Attendance at judicial proceeding; prohibit dismissal................................................HB 1327 Certain public officials; required duty hours ...............................................................HB 1484 Civil office; disabled individuals; preference................................................................HB 2047 Day-care centers or personal care homes; employee record checks..........................HB 1420 Employees attending judicial proceeding; prohibit dismissal.......................................SB 314 Employment Security Law; interest payments...............................................................SB 470 Employment Security; payment disputes; settlement ...................................................SB 471 Employment Security; security bonds for employers ....................................................SB 473 Georgia Occupational Regulation Review Advisory Council; establish......................HB 850 Human Resources; criminal record check.....................................................................HB 1421 Public officials; employment and financial disclosure form; file ................................HB 492 Targeted jobs tax credit; Congress urged to extend.....................................................HR 734 Temporary Help Services Week in Georgia; designate 10/12/86-10/18/86................HR 809 Workers' Compensation Coverage Study Committee; create .......................................SR 438 Youth Conservation Corps Study Committee; create...................................................HR 663
ENERGY Agency for Removal of Hazardous Materials; create ..................................................HB 1952 Biomass; sales tax exemption ...........................................................................................HB 479 Coal pipeline companies; eminent domain .....................................................................HB 450 Electric utility; new construction; certification of need...............................................HB 874 Electric utility; new construction; certification of need .............................................HB 1090 Hazardous materials; state officials; liability insurance .............................................HB 1953 National Highway Traffic Safety Administration; urge amendment of MPG levels....................................................................................SR 340 Nuclear generating plants; prudency determination......................................................SB 263 Nuclear waste dump facility; sites for public hearing..................................................HR 995 Radioactive waste repository; relative to location in certain counties.....................HR 1013 Utilities; nuclear generating plants; costs........................................................................SB 111
ENGINEERS AND LAND SURVEYORS; county surveyors; licensing ................SB 348
ENVIRONMENTAL PROTECTION (See Conservation and Natural Resources or Hazardous Substances)
EQUAL RIGHTS Civil rights; prohibit discrimination because of race, sex, national origin, religion, or ancestry - CA ............................................................HR 68 Federal vote fraud investigation; urge cessation............................................................HR 738 Housing discrimination; municipal ordinances ............................................................HB 1585 Navajo-Hopi Land Resettlement Act; urge repeal ........................................................HR 679
EROSION AND SEDIMENTATION; Shore Assistance Act of 1979; amend.....HB 1097
ESTATES Administrators or executors; bond...................................................................................HB 966

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INDEX

2663

ESTATES (Continued) Guardian and ward; estate plan; minimize taxes ..........................................................HB 493 Joint tenancy; security interests; severance......................................................................HB 62 Partition of property ..........................................................................................................HB 363 Probate of wills; acknowledgment of service ................................................................HB 1324 Tax exemption; investment of property........................................................................HB 1149 Tax exemption; investment of property ..........................................................................SB 378 Wills; probate in solemn form; beneficiaries.....................................................................SB 46 Year's support; amend provisions ..................................................................................HB 1650 Year's support; eliminate determination by appraisers................................................HB 908 Year's support; sale of property .........................................................................................HB 60 Year's support; surviving spouse; letter of administration ........................................HB 1228
ESTES, JAMEY; commend ...............................................................................................HR 557
ETOWAH, CITY OF; Etowah-Forsyth Water Authority; members' appointment.................................................................................................... HB 1873
EVANS COUNTY; board of education; compensation..................................................SB 534
EVIDENCE Child abuse cases; admissibility.......................................................................................HB 292 Child abuse cases; hearsay evidence ..............................................................................HB 1260 Child abuse; admissible evidence .......................................................................................HB 18 Child abuse; confidentiality ..............................................................................................HB 383 Civil practice; depositions and discovery; request for admission.................................SB 454 Crime victim present in court...........................................................................................HB 217 Criminal cases; child victim or witness; speedy trial ..................................................HB 1087 Estates; appraisement of property ....................................................................................SB 208 Joint Rules of Evidence Study Committee; create........................................................HR 823 Libel actions ...........................................................................................................................SB 77 Libel; visual or sound broadcast; evidence ...................................................................HB 1123 Medical information; religious counseling; confidentiality...........................................HB 962 Sexual contact; minors; hearsay evidence.......................................................................HB 289 State government; legal proceedings and hearings; certain fees .................................HB 470 Veterinary records; privileged information...................................................................HB 1986
EXAMINING BOARDS (See Licenses or Professions and Businesses)
EXCISE TAX Cigar tax; rate......................................................................................................................HB 775 Distilled spirits; amend provisions...................................................................................HB 945
EXECUTIONS AND JUDICIAL SALES; public sales; continuation without interruption.........................................................................................................HB 1496

F
FAIRCLOTH, THOMAS ELMER; condolences .........................................................HR 617 FAMILY (Also, see Domestic Relations)
Family and Children Services; community work programs; amend provisions .............................................................................................................SB 465
Family violence provisions; certain non-married persons ..........................................HB 1447 FANNIN COUNTY; board of registrations and elections..........................................HB 1103
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2674

INDEX

H

HABEAS CORPUS Civil practice; relief from judgment..................................................................................SB 461 Felony inmate; notice not to appeal..............................................................................HB 1279 Judge hold proceeding at penal institution ..................................................................HB 1751
HABERSHAM COUNTY Board of commissioners; compensation...............................,.........................................HB 2016 Board of education; certain funds; extend Constitutional Amendment..................HB 1133 School tax exemption; elderly or disabled; extend Constitutional Amendment ..............................................................................HB 806
HALL COUNTY Ad valorem tax exemption; elderly ................................................................................HB 1115 Board of education; extend Constitutional Amendment............................................HB 1431 Civil service system; extend Constitutional Amendment...........................................HB 1428 Gainesville-Hall County; development authority; extend Constitutional Amendment ............................................................................HB 1430 Lake Lanier Islands Development Authority; jurisdiction for actions.....................HB 1835 License fees; unincorporated area..................................................................................HB 1429 License fees; unincorporated area; extend Constitutional Amendment...................HB 1797 License fees; unincorporated area; extend Constitutional Amendment...................HB 1853 Motor vehicle registration ...............................................................................................HB 1905 Taxation; extend Constitutional Amendment..............................................................HB 1427
HAMES, DR. CURTIS G.; commend .............................................................................HR 551
HAMILTON, HONORABLE DEWAYNE; recognize .............................................HR 1018
HAMMETT, DR. HOWARD HILT, JR.; condolences ..............................................HR 903
HANDICAPPED PERSONS Access to public buildings ....................................................................................................SB 20 Access to public facilities; certain exemptions...............................................................HB 685 Center for Rehabilitation Technology Study Committee; re-create...........................HR 638 Children; special education services ................................................................................HB 262 Children; special education services; expenses...............................................................HB 263 Civil office; employment preference ..............................................................................HB 2047 Developmentally disabled persons; habilitation ............................................................HB 873 Elderly and disabled; homestead exemption................................................................HB 1179 Elderly and disabled; homestead exemption................................................................HB 1180 Handicapped children; standard of care.........................................................................HB 586 Handicapped Travel Club; welcome annual rally..........................................................HR 896 Human Resources; provide se*vies....................................................................................SB 22 Income tax; exemption.........................................................................................................HB 12 Parking; special enforcement unit ....................................................................................SB 343 Polling places; access............................................................................................................HB 76 Preschool children; encourage services.............................................................................SR 281 Vocational education; certain state funds.......................................................................HB 339
HANDICAPPED TRAVEL CLUB; welcome annual rally........................................HR 896
HAPEVILLE, CITY OF; corporate limits....................................................................HB 1499
HARALSON COUNTY Contracts and notes; extend Constitutional Amendment ..........................................HB 1891 School tax collections.......................................................................................................HB 1970 Water authority; membership.........................................................................................HB 1908
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INDEX

2675

HARDAWAY HIGH SCHOOL; commend ...................................................................HR 483
HARDEE, CHAS;commend..............................................................................................HR 979
HARDISON, COL. HUGH; commend............................................................................HR 727
HARPER, HAL; commend.................................................................................................HR 559
HARRELSON, MICHAEL; commend ...........................................................................HR 639
HARRIS COUNTY; education districts; composition ................................................HB 1788
HARRIS, IRVIN TRACY; commend .............................................................................HR 833
HARRIS, JOHN; commend ...............................................................................................HR 919
HARRISON, WALTER W.; in memory .........................................................................HR 975
HART COUNTY; coroner; compensation......................................................................HB 1869
HARTMAN, PAM; commend ...........................................................................................HR 912
HATCHER, AGNES; commend........................................................................................HR 877
HAZARDOUS SUBSTANCES Agency for Removal of Hazardous Materials; create ..................................................HB 1952 Asbestos Licensing Board; establish.................................................................................SB 409 Claims against guarantor; jurisdiction...........................................................................HB 1144 Disclosure to employees.....................................................................................................HB 206 Disposition; immunity for certain assistance .................................................................HB 153 Nuclear waste dump facility; sites for public hearing ..................................................HR 995 Radioactive waste repository; relative to location in certain counties .....................HR 1013 State officials; liability insurance...................................................................................HB 1953 Underground Storage Tank Act; provide......................................................................HB 1145
HAZOURI, DR. LOUIS ABRAHAM; condolences ....................................................HR 492
HEADRICK, J. P.; compensate ........................................................................................HR 471
HEALTH Adopted persons; access to certain records ..................................................................HB 1992 Airport; commission study noise control.......................................................................HB 1203 Alcoholic beverages; consumption during pregnancy; post danger sign......................SB 376 Alzheimer's Disease Study Committee; commend Department of Human Resources ......................................................................................................HR 611 American Cancer Society; appreciation to volunteers ..................................................HR 828 Anatomical Gift Act; consent of certain persons............................................................SB 327 Anatomical gift; amend provisions; prohibit sales of human body parts ................HB 1334 Bathhouses; prohibit operation ......................................................................................HB 1189 Birth and death registration; fees paid by county treasurer .......................................HB 716 Birth certificate; father's signature................................................................................HB 1475 Blood donations; requirements.......................................................................................HB 1524 Boards of health; certain counties; unclassified personnel ........................................HB 1152 Breast cancer treatments; distribution of information.................................................HB 615 Catastrophic Health Insurance Act; provide................................................................HB 2068 Certificate of need; certain exemption ..........................................................................HB 1192 Child Abuse Action Fund; establish..............................................................................HB 1107 Children's Services Commissions; create ......................................................................HB 1148 Chiropractors; scope of practice .......................................................................................HB 156 Clinical laboratory technicians; function under certain supervision ..........................HB 904 Community care; lead agencies; services..........................................................................SB 233 Conference on Smoking or Health; commend sponsors ...............................................HR 864

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2676

INDEX

HEALTH (Continued) County boards of health; appointment of district attorney.......................................HB 1381 County boards of health; appointment of members .....................................................HB 689 County boards of health; composition; certain ordinances ........................................HB 1757 County boards of health; immunity from liability ......................................................HB 1549 Culver Kidd Medical and Surgical Building; Joe T. Wood War Veteran's Home; designate............................................................SR 361 Culver Kidd Medical and Surgical Building; recognize................................................HR 867 Dance halls and roadhouses; inspections; certain exceptions....................................HB 1359 Day-care centers or personal care homes; employee record checks..........................HB 1420 Deceased persons; notice of infectious diseases..............................................................SB 387 Developmentally disabled persons; habilitation ............................................................HB 873 Elderly Volunteer Service Credit Study Committee; create........................................HR 707 Emergency hospital care for pregnancy; repeal provisions..........................................HB 196 Emergency medical services systems; additional fees.................................................HB 1578 Emergency medical services systems; amend provisions...............................................SB 400 Emergency medical services systems; certain additional fees - CA.............................SR 317 Emergency medical services; municipalities and counties; certain immunity..........................................................................................HB 1526 Emergency telephone number 911 systems; maintenance fees..................................HB 2003 Felines; rabies inoculation ...................................................................................................HB 42 Firemen; amend definition ..............................................................................................HB 1581 Food Act; labeling of beef ...............................................................................................HB 1984 Fulton County Hospital Authority; membership.........................................................HB 1372 Georgia Medical Association; urge adoption of advice against routine circumcision .........................................................................................HR 884 Gracewood; designate Norman B. Pursley Georgia Developmental Center..............HR 524 Guardian and ward; power of attorney; limitations....................................................HB 1732 Hazardous substances; disclosure to employees.............................................................HB 206 Health improvement programs; urge establishment by State Board of Education ........................................................................................HR 810 Health Planning Agency; state-wide health-care data; collect ..................................HB 1285 Health planning requirements; certain exemption ......................................................HB 1656 Health Planning Review Board; judicial review ..........................................................HB 1591 Health-screening program; urge the assistance of Association County Commissioners of Georgia..........................................................HR 681 Hospital authorities; audit certain information report.................................................HB 347 Hospital authorities; audits; filing requirements .........................................................HB 1355 Hospital authorities; sale or lease of project; referendum ..............................................SB 56 Hospital authorities; terms..............................................................................................HB 1023 Hospital authorities; two local governments; membership..........................................HB 641 Hospital Cost Containment Study Committee; create.................................................HR 508 Hospital cost containment; provide .................................................................................HB 811 Hospital Equipment Financing Authority; amend provisions......................................SB 532 Hospital; indigent pregnant women; county of residence............................................HB 561 Hospitals and nursing homes; liens; treatment of injured person...............................SB 456 Hospitals; freestanding clinics; regulations...................................................................HB 1468 Human Resources; final order or action; amend appeal provisions .........................HB 1315 Indigent Health Care Provider Reimbursement Fund; create....................................HB 556 Indigent pregnant women; cost of care...........................................................................HB 487 Indigent pregnant women; hospital care..........................................................................SB 132 Infantile autism; urge uniform definition.......................................................................HR 521
Insect stings; treatment with epinephrine...........................................................................SB 5
Insulin and insulin syringes; sales tax exemption.......................................................HB 1297
Insurance; health care providers; contracts....................................................................HB 696
Insurance; optional provisions; policy language..............................................................SB 235
Joint Drug Classification Study Committee; create........................................................HR 86

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INDEX

2677

HEALTH (Continued) Jury duty; exempt certain women .................................................................................HB 1544 Livestock; control of infectious diseases; definitions ..................................................HB 1172 Living wills; certain forms...............................................................................................HB 1352 Living wills; certain forms..................................................................................................SB 444 Living wills; forms ..............................................................................................................HB 446 Long-term care facilities; civil liability; amend provisions ........................................HB 1583 Long-term care facilities; covered entranceway.............................................................HB 573 Marriage license; HTLV-III test; requirement ............................................................HB 1190 Medical assistance; rules and regulations; procedure.................................................HB 1593 Medical equipment; prohibit certain type for circumcisions .....................................HB 2059 Medical information; confidentiality ...............................................................................HB 962 Medical malpractice cases; guardian ad litem; appointment........................................SB 459 Mental health; provide disability services; ...................................................................HB 1385 Mentally ill persons; involuntary hospitalization ...........................................................SB 153 Mentally ill persons; outpatient or inpatient treatment ...............................................SB 318 Mentally ill persons; sterilization.....................................................................................HB 237 Mentally retarded persons; transfer custody..................................................................HB 207 Mentally retarded persons; treatment..............................................................................SB 152 Midwifery; practice in certain medical facilities..........................................................HB 1479 National salute to hospitalized veterans; commend VA...............................................HR 725 Newborn infants; circumcision; informed consent.......................................................HB 2075 Nonmedical health care practitioners; licensing ..........................................................HB 1121 Out-of-state pharmacies; regulations.............................................................................HB 1576 Oxygen prescription; sales tax exemption.....................................................................HB 1165 Personal care homes; permits ...........................................................................................HB 777 Physical therapy; programs of treatment .......................................................................HB 329 Physicians and Osteopaths; regulation; amend provisions............................................SB 497 Polygraph examination; certain prohibitions ..................................................................SB 329 Post-mortem Exam; removal of pituitary glands ..........................................................HB 249 Prescription drugs; warning label, nutritional deficiencies..........................................HB 972 Prisoners; emergency medical costs; payment..............................................................HB 1370 Prisoners; income deductions for medical expenses....................................................HB 1638 Prostheses for elderly; sales tax exemption..................................................................HB 1598 Prostheses; sales tax exemption .....................................................................................HB 1155 Public emergency medical technicians; indemnification ..............................................HB 268 Public emergency medical technicians; indemnification - CA.......................................HR 69 Rabies inoculation; cats...................................................................................................HB 1114 Respiratory Care Practices Act; enact................................................................................SB 32 Sale of human body parts; penalty...................................................................................SB 146 Sales tax exemption; machinery and equipment; research..........................................HB 810 Sales tax; exempt oxygen prescribed by physician......................................................HB 1445 Septic tanks; regulations..................................................................................................HB 1465 Sheriffs and employees; group health plans.................................................................HB 1396 Smoking in state buildings; urge prohibition.................................................................HR 883 Staffing in Mental Health Facilities Joint Study Committee; create.............................SR 8 State Board of Education; health improvement program; establish ............................HB 49 State Boxing and Wrestling Commission; create.............................................................HB 39 State Boxing Commission; continuation; boxing while under the influence of alcohol or drugs................................................................................HB 1191 State Children's Trust Fund Commission; establish .....................................................SB 413 State employees; health insurance; certain non-prescription drugs .........................HB 1481 State employees; sick leave .............................................................................................HB 1599 State lottery; educational purposes and indigent care - CA..........................................HR 78 State Port Facilities Accident Study Committee; create ...............................................HR 10 State Professional Sports Commission; create .............................................................HB 1255 Task Force on Funding of Indigent Health Care Programs; request Governor create.................................................................................................HR 716

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2678

INDEX

HEALTH (Continued) Teenage Pregnancy Study Committee; create ...............................................................HR 468 Vending machines; sale of condoms; certain prohibitions..........................................HB 1817 Venereal diseases; include AIDS....................................................................................HB 1187 Workers' Compensation; employees select physician....................................................HB 435 Workers' Compensation; reimbursement; health care providers..................................SB 161
HEALTH INSURANCE Catastrophic Health Insurance Act; provide................................................................HB 2068 Group plans; conversion ....................................................................................................HB 212 Health care providers; contracts ......................................................................................HB 696 Health insurance providers; requirements......................................................................HB 454 Health maintenance organizations; corporations; authority to establish.................HB 1748 Health Planning Agency; state-wide health-care data; collect ..................................HB 1285 Hospital cost containment; provide .................................................................................HB 811 Liability insurance; certain contracts; prohibitions.....................................................HB 1503 Motor vehicle insurance; reduce benefits; certain health plans ..................................HB 276 Optional provisions; policy language ................................................................................SB 235 Public school employees; continuation of benefits......................................................HB 1693 Public school employees; plan for retirees - CA............................................................HR 125 Reimbursement; certain services .......................................................................................SB 381 Retired public school employees; provide - CA..............................................................SR 375 Sheriffs and employees; group plans .............................................................................HB 1396 State employees; certain non-prescription drugs.........................................................HB 1481 State employees; receive itemized statement...............................................................HB 1337 Teachers; certain contributions .........................................................................................SB 443 Workers' Compensation; reimbursement; health care providers..................................SB 161
HEARD COUNTY; Franklin-Heard County; water authority; amend ....................HB 1467
HEARD, MELVIN JOHNSON; condolences ...............................................................HR 607
HEARING (Also, see Handicapped Persons) Hearing aids; sales tax exemption..................................................................................HB 1270 Speech-Language Pathology and Audiology, State Board of; enact...........................HB 112
HEDGEPETH, CHARSIE; commend ............................................................................HR 901
HELEN, CITY OF; city commission ..............................................................................HB 1733
HELMLY, FREDDIE H.; condolences ...........................................................................HR 759
HENDERSON, COACH BILLY; commend .................................................................HR 654
HENDERSON, JOHN W.; commend .............................................................................HR 878
HENRY COUNTY Ad valorem tax for education; exempt elderly.............................................................HB 1607 Certain officials; compensation.......................................................................................HB 1604 Excise tax for racetracks; extend Constitutional Amendment ..................................HB 1609 Excise tax; racetracks and activities; unincorporated area ..........................................HB 766 Henry County Coliseum Authority; create ...................................................................HB 1608 Law library; fees ...............................................................................................................HB 1497 License plates; staggered registration............................................................................HB 1606 Probate judge; nonpartisan election ................................................................................HB 773
HENRY COUNTY JUNIOR HIGH SCHOOL WARHAWKS BASKETBALL TEAM; commend ..............................................................................HR 964
HENRY W. GRADY HIGH SCHOOL LADY KNIGHTS; commend ...............HR 1006
HERTY FOUNDATION; forestry products; research ...............................................HB 1462

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INDEX

2679

HIAWASSEE, CITY OF; corporate limits......................................................................SB 425
HIGHTOWER, GEORGE H., SR.; commend ...............................................................HR 917
HIGHWAYS, BRIDGES AND FERRIES Alcoholic beverages; consumption while driving............................................................HB 414 Alcoholic beverages; consumption while driving............................................................HB 489 Antebellum Trail; designate.................................................................................................SR 31 Burning woods, lands, marshes and other areas; notify forest ranger ..........................SB 98 Chatham County; public transportation system; provide ..........................................HB 1699 Chatham County; transit services; provide...................................................................HB 1698 Colonel Mancel Newman Bridge; designate ...................................................................HR 330 Directional signs on highways; University of Georgia ..................................................HR 238 Dr. W. K. Smith Highway; designate...............................................................................SR 339 Driver's license; driving during suspension; penalty ......................................................SB 389 Driving under the influence; accidents; serious injuries; penalty ...............................HB 496 Fuel economy standards; urge amendment by National Highway Traffic Safety Administration......................................................................HR 680 I. M. Peeples Memorial Bridge; designate......................................................................HR 165 Jimmy Carter Parkway; designate .....................................................................................HR 55 John C. Beasley Bridge; designate....................................................................................SR 436 Joint Savannah Transit Authority Study Committee; create........................................HR 53 Joint Tandem Trailer Access to Public Roads Study Committee; recreate..............HR 465 Length and load of vehicles; certain permits ...............................................................HB 1301 Litter control; poultry feathers.........................................................................................HB 389 Lost Mountain Scenic Highway; designate.....................................................................HR 472 MARTA employees; certain benefits; repeal limitation .................................................HB 46 MARTA; add member to Board ......................................................................................HB 238 MARTA; certain income; transit operating revenue......................................................SB 494 MARTA; employee bargaining .......................................................................................HB 1373 MARTA; exterior bus advertising; urge implementation.............................................HR 840 MARTA; group insurance or retirement plans; exclude certain employees............HB 1204 MARTA; labor relations officer; appoint........................................................................HB 736 MARTOC; Resolution creating; date of repeal..............................................................HR 515 Minors; prohibit loitering in public places ...................................................................HB 1249 Modular or sectional housing; permit............................................................................HB 1382 Motor carriers; exclusion; mobile homes or manufactured housing ...........................HB 610 Motor carriers; intrastate transportation; amend provisions.....................................HB 1487 Motor carriers; sand, gravel and rock products; rates for transporting...................HB 1617 Motor vehicles transporting hay bales; weight limits .................................................HB 1066 Motor vehicles; flashing signals; below speed limits .....................................................HB 169 Motor vehicles; flat-bed carriers; length of trailers.......................................................HB 376 Motor vehicles; flat-bed carriers; length of trailers.......................................................HB 591 Motor vehicles; seat belt requirement...............................................................................HB 38 Motor vehicles; tire covers; requirement.........................................................................HB 534 Motor vehicles; towing requirements.................................................................................HB 70 National Highway Traffic Safety Administration; urge amendment of MPG levels.............................................................................................SR 340 Private driveways; delete certain prohibitions...............................................................HB 797 Projecting loads; lights or flags on vehicles....................................................................HB 201 Public authorities; counties and municipalities; certain prohibitions - CA...............................................................................................HR 662 Public Fishing Areas Near Developmental Highways Study Committee; create ...............................................................................................HR 851 R. E. Chambers Memorial Bridge; designate..................................................................SR 292 R. Sidney Lowrey, Sr., Memorial Bridge; designate .....................................................HR 591 Railroads; underpass or overpass; public hearing..........................................................HB 123 Roland Hayes Parkway; designate...................................................................................HR 588

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2680

INDEX

HIGHWAYS, BRIDGES AND FERRIES (Continued) School crossings; safety provisions.....................................................................................HB 65 Semi-trailers; length .........................................................................................................HB 1605 Speed limits; maximum ......................................................................................................SB 453 State Commission on Condemnation of Public Property; create..............................HB 1361 State Tollway Authority Law; amend provisions ........................................................HB 1713 State Tollway Authority Law; amend provisions ...........................................................SB 564 Traffic regulations; pedestrians under the influence ....................................................HB 117 Transportation, Department of; contracts; bids .............................................................SB 148 Transportation, Department of; contracts; one bid ......................................................HB 549 Transportation, Department of; contracts; one bid......................................................HB 705 Transportation, Department of; plans and facilities; hearings..................................HB 1712 Transportation, Department of; plans and facilities; hearings.....................................SB 563 Trapping; certain prohibitions..........................................................................................HB 480 Trucks and tractors; display name; certain exceptions ................................................HB 555 Trucks or tractors; name displayed .................................................................................HB 203 Trucks; suspension system; certain prohibitions .........................................................HB 1257 Uniform rules of the road; amend provisions ................................................................HB 571 Uniform rules of the road; amend provisions ...................................................................SB 89 Unincorporated communities; erect sign.,.......................................................................HR 693 Vehicle carriers; height and length ................................................................................HB 1304 Vehicles transporting boats; length ...............................................................................HB 1305 Vehicles transporting cargo to ports; special permits.................................................HB 1309 Vehicles transporting petroleum; certain weight exemptions....................................HB 1308 Vehicles transporting redi-mix concrete; weight..........................................................HB 1311 Weight and load of vehicle; special permits.................................................................HB 1302 Weight and load of vehicles ..............................................................................................HB 122 Weight and load of vehicles ............................................................................................HB 1310 Weight and load of vehicles; certain permits.................................................................HB 232 Weight and load of vehicles; county roads ...................................................................HB 1306 Weight and load of vehicles; date..................................................................................HB 1312 Weight and load of vehicles; permits; fees ...................................................................HB 1303 Width of vehicle; tandem axle........................................................................................HB 1307
HILL, COACH JOHN; commend....................................................................................HR 627
HISTORIC SITES (See Parks, Historic Sites and Commemorations)
HOLIDAYS "Law Enforcement Officer Appreciation Day"; designate ...........................................HB 926 Local government; failure to observe Martin Luther King holiday; prohibit grant of state funds.......................................................................HB 1157
HOMESTEAD EXEMPTION Ad valorem tax amount ...................................................................................................HB 1676 Ad valorem tax returns; appeal notices; form................................................................HB 595 Certain disabled veterans ..................................................................................................HB 509 Elderly and disabled ........................................................................................................HB 1179 Elderly and disabled ........................................................................................................HB 1180 Forsyth County; elderly .....................................................................................................HB 395 Income tax; credit...................................................................................................................HB 9 Tax bill; attach notice..........................................................................................................HB 50 Upson County; homestead exemption; disabled ............................................................HB 531
HOSPITALS AND HEALTH CARE FACILITIES Absentee ballots; delivery to persons in hospital ..........................................................HB 210 Anatomical Gift Act; consent of certain persons............................................................SB 327 Anatomical gift; amend provisions; prohibit sales of human body parts ................HB 1334 Blood donations; requirements.......................................................................................HB 1524

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2681

HOSPITALS AND HEALTH CARE FACILITIES (Continued) Breast cancer treatments; distribution of information .................................................HB 615 Certificate of need; certain exemption ..........................................................................HB 1192 Cost containment; provide ................................................................................................HB 811 Culver Kidd Medical and Surgical Building; designate ................................................SR 361 Emergency hospital care for pregnancy; repeal provisions ..........................................HB 196 Emergency medical services systems; amend provisions...............................................SB 400 Emergency medical services systems; certain additional fees - CA.............................SR 317 Freestanding clinics; regulations ....................................................................................HB 1468 Georgia Medical Association; urge adoption of advice against routine circumcision .........................................................................................HR 884 Gracewood; designate Norman B. Pursley Georgia Developmental Center..............HR 524 Health insurance; reimbursement; certain services........................................................SB 381 Health maintenance organizations; corporations; authority to establish.................HB 1748 Health Planning Agency; state-wide health-care data; collect ..................................HB 1285 Health planning requirements; certain exemption......................................................HB 1656 Health Planning Review Board; judicial review ..........................................................HB 1591 Hospital authorities; audit certain information report.................................................HB 347 Hospital authorities; audits; filing requirements.........................................................HB 1355 Hospital authorities; terms..............................................................................................HB 1023 Hospital authorities; two local governments; membership ..........................................HB 641 Hospital Cost Containment Study Committee; create .................................................HR 508 Hospital Equipment Financing Authority; amend provisions......................................SB 532 Indigent Health Care Provider Reimbursement Fund; create ....................................HB 556 Indigent pregnant women; cost of care...........................................................................HB 487 Indigent pregnant women; county of residence .............................................................HB 561 Indigent pregnant women; hospital care..........................................................................SB 132 Insurance; health care providers; contracts ....................................................................HB 696 Liens; treatment of injured person ...................................................................................SB 456 Long-term care facilities; civil liability; amend provisions ........................................HB 1583 Long-term care facilities; covered entranceway.............................................................HB 573 Medical equipment; prohibit certain type for circumcisions.....................................HB 2059 Mental health; disability services; provide ...................................................................HB 1385 Mentally ill persons; involuntary hospitalization...........................................................SB 153 Mentally ill persons; outpatient or inpatient treatment ...............................................SB 318 Mentally retarded persons; treatment..............................................................................SB 152 Midwifery; practice in certain medical facilities..........................................................HB 1479 Newborn infants; circumcision; informed consent.......................................................HB 2075 Nursing homes; accommodations; certain requirements............................................HB 1330 Personal care homes; permits ...........................................................................................HB 777 Prescription drugs; warning label, nutritional deficiencies..........................................HB 972 Prisoners; income deductions for medical expenses....................................................HB 1638 State lottery; educational purposes and indigent care - CA..........................................HR 78 Task Force on Funding of Indigent Health Care Programs; request Governor create.................................................................................................HR 716 Workers' Compensation; reimbursement; health care providers..................................SB 161
HOTELS AND MOTELS Alcoholic beverages; in-room service .............................................................................HB 1386 Termination of occupancy; notice..................................................................................HB 1375
HOUSE OF REPRESENTATIVES Abernathy, Dr. Ralph David; invite to House ...............................................................HR 475 Committees; subpoena witnesses....................................................................................HB 1195 Cremins, Coach and Georgia Tech Basketball Team; commend; invite "Buzz", the Yellow Jacket mascot, to House..................................................HR 603 Darden, Honorable George W. "Buddy"; invite to House...........................................HR 655 Deal, Dewayne; invite to House .......................................................................................HR 523

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2682

INDEX

HOUSE OF REPRESENTATIVES (Continued) Disruption of meetings; prohibit ....................................................................................HB 1234 Doorkeeper and assistant doorkeepers; commend.........................................................HR 940 Doorkeeper; election of Ben Jessup...................................................................................Page 9 Election of member to fill vacancy; District l...........................................................Page 1267 Election of member to fill vacancy; District 84...............................................................Page 5 Election of member to fill vacancy; District 154.............................................................Page 2 Elliott, Bill; invite to House..............................................................................................HR 473 Evans, Representative Warren D.; resignation ................................................................Page 3 Forest Park Senior High School Baseball Team; invite to House..............................HR 785 Former members; invite to House ...................................................................................HR 415 Gault, Willie; invite to House...........................................................................................HR 836 Georgia academic decathlon team and coaches; invite to House................................HR 838 Georgia academic decathlon team; invite to House ......................................................HR 818 Georgia Tech football team; commend; invite "Buzz", the Yellow Jacket mascot, to House............................................................................HR 602 Gingrich, Congressman Newt; invite to House ..............................................................HR 634 Harris, Honorable Joe Frank; invite to House...............................................................HR 746 House photography staff; relative to...............................................................................HR 835 House Research Office; provide; amend House Resolution 3......................................HR 657 Jenkins, Honorable Ed; invite to House.........................................................................HR 601 Joint Session; Governor's message...................................................................................HR 457 Joint Session; Governor's message; invite Justices of the Supreme Court and Judges of the Court of Appeals................................................HR 499 King, Don; invite to House ...............................................................................................HR 460 Legislative Education Research Council; change name to House Research Council ..............................................................................................HB 1127 Lincoln County Red Devils and Coach Larry Campbell; invite to House ................HR 575 McGee, Jr. Willie B.; invite to House .............................................................................HR 665 McNair, Ronald E.; condolences; invite family to House ............................................HR 850 Mitchell, Henry, III; invite to House ..............................................................................HR 664 Notify House; Senate convened ........................................................................................SR 276 Notify Senate; House convened .......................................................................................HR 454 Oaths of new members ............................................................................................Pages 6, 1268 Oliver, Representative Donald F.; resignation .................................................................Page 7 Opie, Brenda G., 1986 Georgia Teacher of the year; invite to House........................HR 824 Page staff; commend ..........................................................................................................HR 944 Parrott, Roy Lawrence, Jr.; invite to House ..................................................................HR 522 Reapportion Districts 13, 67 and 68................................................................................HB 968 Reapportion Districts 28, 34 .............................................................................................HB 181 Reimbursement of expenses............................................................................................HB 1695 Rules of House; adopt........................................................................................................HR 456 Rules of House; amend Rule 5.........................................................................................HR 938 Rules of House; amend Rule 23 .......................................................................................HR 694 Rules of House; amend Rule 107 .....................................................................................HR 842 Russell, Coach Erk and Georgia Southern Football Team; invite to House.............HR 714 Secretary of State; printing of maps ...............................................................................HB 787 Speaker; serve 6 years - CA................................................................................................HR 26 Specialists 5th Class Tommy Eugene Dorsey and Larry Sexton, and Lieutenant Stuart W. Beyer; invite to House ....................................................HR 631 Standing committees; subpoena witnesses....................................................................HB 1221 Wesleyan College; invite president to House .................................................................HR 574 Wigginton, Eliot; invite to House; Foxfire program; recognize ...................................HR 747 Williams, Reverend Hosea; invite to House ...................................................................HR 474
HOUSING (See Buildings and Housing)
HOUSTON COUNTY Redevelopment powers ....................................................................................................HB 1613

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2683

HOUSTON COUNTY (Continued) School district; ad valorem tax limitation; extend Constitutional Amendment ............................................................................HB 1652 School system; tax proceeds; extend Constitutional Amendment ............................HB 1928
HUDLEY, GERALDINE WEST; commend ................................................................HR 843
HUGHES, MILDRED; commend ....................................................................................HR 778
HUMAN RESOURCES, DEPARTMENT OF Aid to families; exempt certain income.........................................................................HB 2001 Anatomical Gift Act; consent of certain persons............................................................SB 327 Child Abuse Action Fund; establish ..............................................................................HB 1107 Child abuse; reporting requirements .............................................................................HB 1092 Child-care agencies; residents; emergency relocation..................................................HB 1262 Children's Services Commissions; create ......................................................................HB 1148 Community care; lead agencies; services..........................................................................SB 233 Community work programs; amend provisions...............................................................SB 465 Criminal record check; certain employment.................................................................HB 1421 Dance halls and roadhouses; inspections; certain exceptions ....................................HB 1359 Developmentally disabled persons; habilitation ............................................................HB 873 Emergency medical services systems; amend provisions ...............................................SB 400 Final order or action; amend appeal provisions ..........................................................HB 1315 Handicapped persons; Human Resources provide services.............................................SB 22 Hospital authorities; sale or lease of project; referendum ..............................................SB 56 Hospital cost containment; provide .................................................................................HB 811 Income tax refunds; setoff collections; claimant agencies..........................................HB 1108 Indigent pregnant women; hospital care..........................................................................SB 132 Insect stings; treatment with epinephrine...........................................................................SB 5 Long-term care facilities; covered entranceway.............................................................HB 573 Marriage license; HTLV-III test; requirement ............................................................HB 1190 Mentally ill persons; involuntary hospitalization ...........................................................SB 153 Mentally retarded persons; transfer custody ..................................................................HB 207 Mentally retarded persons; treatment..............................................................................SB 152 Midwifery; practice in certain medical facilities..........................................................HB 1479 Nursing homes; accommodations; certain requirements ............................................HB 1330 Personal care homes; permits ...........................................................................................HB 777 Public emergency medical technicians; indemnification ..............................................HB 268 Public emergency medical technicians; indemnification - CA.......................................HR 69 Public housing; fraudulently obtaining; penalty..............................................................HB 30 Public Safety, Department of; access to records .........................................................HB 1388
HUNTING (Also, see Game and Fish) Ferrets; licensing requirements.......................................................................................HB 1726 Fox hunting preserves; permit to trap and sell ...........................................................HB 1725 License; elderly, nonresident persons ............................................................................HB 1574 License; honorary for certain veterans ..........................................................................HB 1128 Parks; hunting or trapping; written approval ..............................................................HB 1325 Raccoon dealers; license fees.............................................................................................HB 846 Taxidermists; mounting animals; written permission.................................................HB 1326 Trapping; highways; certain prohibitions .......................................................................HB 480 Violations of Code; probate court jurisdiction.............................................................HB 1842 Wildlife; lawful taking; prohibit interference ...............................................................HB 1344
HUTCHESON, HONORABLE LAMAR; commend..................................................HR 822

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2684

INDEX

I

INCOME TAX Certain retirement income; exemption............................................................................HB 129 Certain retirement income; exemption............................................................................HB 198 Certain retirement income; exemption............................................................................HB 574 Certain retirement income; exemption............................................................................HB 763 Certain retirement income; exemption............................................................................HB 829 Certain retirement income; exemption..........................................................................HB 1345 Certain retirement income; exemption ........................................................................HB 1575 Certain social security and railroad retirement benefits; exemption .......................HB 1129 Child care and household and dependent care; credit .................................................HB 765 Computation........................................................................................................................HB 925 Computer or technical equipment; donation to school; credit ....................................HB 351 Conservation tillage equipment; credit .........................................................................HB 1111 Contributions to certain educational organizations; credit ..........................................HB 830 Corporations; credit; library rental ..................................................................................HB 694 Credit for excessive property tax.........................................................................................HB 9 Crop damage caused by wild deer; credit.....................................................................HB 1663 Dependent care assistance.................................................................................................HB 216 Elderly and disabled; additional exemption.....................................................................HB 12 Estates; investment of property; exemption.................................................................HB 1149 Estates; tax exemption; investment of property.............................................................SB 378 Exemption; certain retirement benefits ............................................................................HB 34 Federal and State income tax returns; urge coordination ............................................SR 285 Federal income tax; certain deductions; urge amendment to the United States Constitution................................................................................HR 597 Fraudulent returns; penalties ...........................................................................................HB 845 Fraudulent tax returns; penalty .......................................................................................HB 408 Individual retirement account; deduction.......................................................................HB 116 Individual retirement account; deduction.....................................................................HB 1030 Information; furnish to municipal finance official ......................................................HB 1240 Joint returns; computation................................................................................................HB 367 Motor carrier operating authorities .................................................................................HB 718 Notification of change; retirement income exemption................................................HB 1584 Property damage by wild deer; credit ...........................................................................HB 1520 Rate of calculation..............................................................................................................HB 197 Rate of computation...........................................................................................................HB 204 Retirement income; exemption.........................................................................................HB 141 Setoff collections; claimant agencies..............................................................................HB 1108 Social security or railroad retirement; exclude................................................................HB 10 Student loans; setoff debt ...............................................................................................HB 1464 Student loans; setoff debt ...............................................................................................HB 1700 Teachers; credit for certain expenses ..............................................................................HB 687 Teen recreational centers; exemption............................................................................HB 2051
INDEMNIFICATION Law enforcement officers, firemen and prison guards; permanent disability - CA.............................................................................................HR 644 Public emergency medical technicians ............................................................................HB 268 Public emergency medical technicians; indemnification - CA.......................................HR 69
INDIGENT (See Social Services)
INDUSTRY AND TRADE, DEPARTMENT OF Center for Rehabilitation Technology Study Committee; re-create...........................HR 638 Certain industrial development bonds; urge disapproval.............................................HR 498 "Grafted with Pride in the USA" logos; urge use by textile manufacturers .....................................................................................................HR 752
INGRAM, ROBERTA; congratulations on 107th birthday .......................................HR 1016
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2685

INITIATIVE PETITION Power to enact or reject - CA...........................................................................................HR 107 Power to enact or reject - CA...........................................................................................HR 110
INSECTS Boll weevil; eradication provisions.................................................................................HB 1682 Insect stings; treatment with epinephrine...........................................................................SB 5
INSURANCE African Development Bank; certain investments ...........................................................SB 144 Agents; fees for certain services.....................................................................................HB 1247 Amend provisions relating to policies generally ..........................................................HB 1503 Bad check; policy null and void.....................................................................................HB 1245 Catastrophic Health Insurance Act; provide ................................................................HB 2068 Certain insurers; annual reports.....................................................................................HB 1387 Changes in the Domicile Insurance Companies Study Committee; create................HR 396 Civil Justice Reform; amend Code.................................................................................HB 1186 Commission on Governmental Liability; re-create.........................................................SR 338 Commissioner; amend Code provisions .........................................................................HB 1507 Companies and agents; contracts .....................................................................................HB 481 Counties and municipalities; joint self-insurance programs .........................................SB 369 Eliminate certain tax reduction..........................................................................................HB 47 Fair access to insurance requirement; continuation....................................................HB 1538 Farmer's Mutual fire insurance; increase limits ..........................................................HB 1556 Fraud; definition .................................................................................................................HB 353 Governor's No-Fault Insurance Review Commission; create.......................................HR 641 Health care providers; contracts ......................................................................................HB 696 Health insurance providers; requirements......................................................................HB 454 Health insurance; group plans; conversion .....................................................................HB 212 Health insurance; optional provisions; policy language.................................................SB 235 Health insurance; reimbursement; certain services ........................................................SB 381 Health insurance; sheriffs and employees; group plan...............................................HB 1396 Health insurance; state employees; certain non-prescription drugs .........................HB 1481 Health maintenance organizations; corporations; authority to establish.................HB 1748 Health Planning Agency; state-wide health-care data; collect ..................................HB 1285 Homeowner warranty agreements; property ...............................................................HB 1594 Insurance Commissioner; amend retirement provisions.............................................HB 1508 Insurance companies; liability reports..............................................................................SB 384 Insurers; domiciled in another state; exams.................................................................HB 1125 Intangible tax; business of foreign countries................................................................HB 1273 Intangible tax; international business; definition........................................................HB 1196 Joint Liability Insurance Cost Containment Study Committee; create.....................HR 640 Joint Liability Insurance Study Committee; create......................................................HR 577 Landlord and tenant; waterbed requirements ................................................................SB 492 Liability insurance; provide coverage for judges and employees .....................................SB 2 Local boards of education; self-insurers; liability insurance......................................HB 1553 Mail-order business; advertisements................................................................................HB 272 Motor vehicle financial responsibility; self-insurer; amend .......................................HB 1657 Motor vehicle insurance; cancellation ...........................................................................HB 1426 Motor vehicle insurance; driving without proof; license suspension ........................HB 1954 Motor vehicle insurance; failure to comply; penalty......................................................SB 390 Motor vehicle insurance; law enforcement officers; certain accidents ........................SB 447 Motor vehicle insurance; proof at time of sale ............................................................HB 1947 Motor vehicle insurance; reduce benefits; certain health plans ..................................HB 276 Motor vehicle insurance; towing and storage charges; certain policies......................HB 364 Motor vehicle liability insurance; one-year minimum coverage................................HB 1504 Motor vehicles; effective date of coverage ....................................................................HB 1506 Motor vehicles; lack of proof; submit license...............................................................HB 1505

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2686

INDEX

INSURANCE (Continued) Motor vehicles; operating without insurance; penalty ................................................HB 1432 Premium Finance Company Act; amend provisions ...................................................HB 1112 Premium finance company; cancellation.......................................................................HB 1393 Property and casualty insurance; cancellation provisions..........................................HB 1528 Public school employees; health insurance plan for retirees - CA..............................HR 125 Retired public school employees; health insurance; provide - CA...............................SR 375 Risks; agreements among certain insurers.......................................................................SB 553 Uninsured motor vehicles; available coverages ...............................................................SB 341 Wills; life insurance proceeds; renunciation ....................................................................SB 414 Workers' compensation; assessment of attorney fees .................................................HB 1745 Workers' compensation benefits; define next of kin;....................................................HB 380 Workers' compensation benefits; dependents; certain limits.......................................HB 384 Workers' compensation; benefits; time for payment .....................................................SB 163 Workers' Compensation Coverage Study Committee; create .......................................SR 438 Workers' compensation; employees select physician.....................................................HB 435 Workers' compensation; hearings; time limitation .........................................................SB 162 Workers' compensation; persons delivering newspapers; exclude.............................HB 1832 Workers' compensation; reimbursement; health care providers...................................SB 161 Workers' compensation; witness at hearing; prohibit discharge .................................HB 381
INTANGIBLES TAX Ad valorem tax exemption ................................................................................................HB 922 Charitable remainder trust; exemption .........................................................................HB 1754 Fraudulent returns; penalties .........................................................................................HB 1878 Intangible property; certain exemption - CA...................................................................HR 67 Intangible property; tax returns.......................................................................................HB 234 Internal Revenue Code; urge implementation of certain changes ..............................HR 792 International insurance business; definition.................................................................HB 1196 Targeted jobs tax credit; Congress urged to extend .....................................................HR 734
INTEREST AND USURY Employment security; interest payments ........................................................................SB 470 Fiduciaries; certain investments ........................................................................................SB 112 Judgments; interest rate .................................................................................................HB 1120 Local governments; investments in certain financial institutions.............................HB 1876 Past due taxes; rate..........................................................................................................HB 1452 Retail installment contracts; time price differential .....................................................HB 242
INVASIONS OF PRIVACY Automated telephone sales................................................................................................HB 790 Telephone Harassment Study Committee; create.........................................................HR 334
IVEY, CITY OF; new charter ..........................................................................................HB 1960

JACKSON, CITY OF Amend charter...................................................................................................................HB 1755 Butts County, City of Flovilla, City of Jackson, City of Jenkinsburg Water and Sewer Authority; create .......................................HB 1985
JACKSON COUNTY Board of education, elect; superintendent, appoint; extend Constitutional Amendment............................................................................HB 1909 GBI law enforcement authorization; extend Constitutional Amendment...............HB 1912
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2687

JACKSON COUNTY (Continued) Industrial development authority; extend Constitutional Amendment...................HB 1911 Motor vehicle registration ...............................................................................................HB 1993 Water and sewerage authority; create ...........................................................................HB 1995 West Jackson Fire District; extend Constitutional Amendment ..............................HB 1910
JAILS Counties housing state prisoners; fee............................................................................HB 1397 County or Municipal Jail; incur debt for building - CA................................................HR 14 Employees' Retirement System; transfer juvenile detention service..............................................................................................HB 612 Habeas Corpus; Judge hold proceeding at institution................................................HB 1751 Jail officer; training course; requirement.........................................................................SB 451 Prisoners; emergency medical costs; payment..............................................................HB 1370
JARRELL, ANN SMITH; condolences..........................................................................HR 547
JASPER COUNTY Board of commissioners; compensation ...........................................................................SB 574 Industrial development authority; extend Constitutional Amendment...................HB 1535 Occupational tax; unincorporated area ............................................................................SB 573
JEFFERSON COUNTY; ad valorem tax; early payment discount; extend Constitutional Amendment ................................................................................HB 1765
JEFFERSONVILLE, CITY OF; mayor and council; term ......................................HB 1740
JENKINS COUNTY; motor vehicles; registration......................................................TM 1828
JENKINS, HONORABLE ED; invite to House ..........................................................HR 601
JENKINSBURG, CITY OF; Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority; create ...................................HB 1985
JIMMY CARTER PARKWAY; designate......................................................................HR 55
JOE T. WOOD WAR VETERAN'S HOME; designate..............................................SR 361
JOHNSON HIGH SCHOOL "KNIGHTS" BASKETBALL TEAM; congratulate..........................................................................................................HR 902
JOHNSON, HONORABLE FRANK B.; commend..................................................HR 1021
JOHNSON, TERRY LAMAR; compensate ..................................................................HR 642
JONES, SHERIFF RALPH; invite to House ...............................................................HR 870
JOYNER, EARVIN L. "PETE"; condolences...............................................................HR 605
JUDGES Child custody; interviews with child................................................................................HB 445 Child support programs; urge Judicial Council to study .............................................HR 736 Civil practice; juries; charges and instructions in writing .............................................SB 313 Council of Magistrate Court Judges; create .................................................................HB 1414 Criminal procedure; sentence changes; time limitation..............................................HB 1154 District administrative judge; temporary assignment.................................................HB 1753 Employees' Retirement; Supreme Court Justices and Court of Appeals Judges; optional benefits................................................................HB 666 Federal judges; appointment; "Missouri Plan"; urge amendment to United States Constitution .................................................................SR 346 Firearms; stun guns and tasers; definition ...................................................................HB 1109 Habeas corpus; hold proceeding at penal institution..................................................HB 1751 House Study Committee on Superior Court Judgeships; create.................................HR 710

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INDEX

JUDGES (Continued) Judges of Probate Courts Retirement Fund; increase benefits........................................SB 4 Judicial circuits; judge employ court administrator.........................................................SB 24 Judicial Council; adoption of rules and regulations; prior notice .............................HB 1227 Liability insurance; provide coverage ...................................................................................SB 2 Magistrates; full-time or part-time; number, term, selection ......................................HB 652 Municipal court; residency requirements........................................................................HB 241 Probate court judge; compensation for serving as magistrate........................................SB 73 Probate court; chief clerk; fill vacancy in office of judge...........................................HB 1246 Probate court; chief clerks; appointment.........................................................................SB 249 Sentencing; victim impact statement ..............................................................................HB 218 Superior Court Judges' Retirement; amend provisions..............................................HB 1122 Superior Court Judges' Retirement; maximum benefits; certain service credit......................................................................................................HB 152 Superior Court Judges' Retirement; provisions relating to spouse.............................HB 397 Superior courts; continuing education; reimbursement of expenses ........................HB 1696 Superior courts; retirement age........................................................................................HB 355 Superior courts; retirement; spouse's benefits ................................................................SB 174 Superior courts; secretaries' salary ...................................................................................SB 561 Suspension from office; compensation - CA...................................................................HR 506 Trial Judges and Solicitors Retirement Fund; certain creditable service .................HB 300
JUDGMENT Civil practice; habeas corpus; relief ..................................................................................SB 461 Civil practice; judgment by default ..................................................................................SB 101 Civil practice; relief .............................................................................................................SB 457 Driver's license suspension; foreign judgments..............................................................HB 545 Garnishments; federal courts; continuance.....................................................................HB 938 Interest on judgments ......................................................................................................HB 1120 Magistrate courts; default judgments; appeals ............................................................HB 1333 Uniform Enforcement of Foreign Judgments Law; enact.............................................SB 164
JUDICIAL CIRCUITS Appalachian Judicial Circuit; terms of court ...............................................................HB 1589 Augusta Judicial Circuit; add judge.................................................................................HB 182 Augusta Judicial Circuit; add judge...............................................................................HB 1595 Chattahoochee Judicial Circuit; assistant district attorneys; provide......................HB 1457 Cherokee Judicial Circuit; district attorney's investigator; compensation ............................................................................................HB 637 Cherokee Judicial Circuit; provide assistant district attorney ..................................HB 1744 Clayton Judicial Circuit; district attorney; supplement .............................................HB 2038 Clayton Judicial Circuit; superior court judges; supplement.....................................HB 2032 Cobb Judicial Circuit; judges' retirement; certain expenses.........................................SB 285 Cobb Judicial Circuit; judges' supplement......................................................................SB 373 Compensating more than one law clerk.............................................................................SB 83 District attorney; personnel and compensation ...........................................................HB 1963 Dougherty Judicial Circuit; judges; supplements ........................................................HB 2025 Eastern Judicial Circuit; designate judges pro hac vice; extend Constitutional Amendment ............................................................................HB 1562 Flint Judicial Circuit; add judge....................................................................................HB 1478 Judge employ court administrator ......................................................................................SB 24 Lookout Mountain Judicial Circuit; add judge..............................................................HB 335 Mountain Judicial Circuit; investigator; compensation ..............................................HB 2009 Mountain Judicial Circuit; terms of court.......................................................................SB 539 Northeastern Judicial Circuit; add judge ........................................................................SB 186 Piedmont Judicial Circuit; add judge..............................................................................HB 356 Piedmont Judicial Circuit; add judge...............................................................................SB 264

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2689

JUDICIAL CIRCUITS (Continued) Stone Mountain Judicial Circuit; add judge ................................................................HB 1156 Waycross Judicial Circuit; term of court ........................................................................HB 746
JURIES Charges and instructions in writing...............................................................................HB 1047 Civil Justice Reform; amend Code.................................................................................HB 1186 Civil practice; charges and instructions in writing.........................................................SB 313 Elderly; exemption..............................................................................................................HB 114 Elderly; exemption............................................................................................................HB 1265 Employees attending judicial proceeding; prohibit dismissal.......................................SB 314 Employment; attendance at judicial proceeding; prohibit dismissal........................HB 1327 Grand juries; duties and terms.......................................................................................HB 1233 Grand or trial jurors; selection - CA................................................................................HR 762 Jury strikes; felony cases....................................................................................................SB 358 Public officials; federal felony indictment; suspension - CA.........................................HR 25 Special investigative grand juries; jurisdiction - CA.....................................................HR 231 State courts; uniform procedures ........................................................................................SB 48 Women; certain exemption..............................................................................................HB 1544
JUVENILE PROCEEDINGS Access to records; certain school officials .......................................................................HB 620 Capital crimes; jurisdiction ................................................................................................SB 323 Certain traffic and waterways offenses; jurisdiction......................................................SB 351 Deprived child; detention hearing; time limitation........................................................SB 309 Felony conviction; jurisdiction............................................................................................HB 14 Traffic offenses; jurisdiction.............................................................................................HB 540 Youth development centers; juvenile participation........................................................SB 308

K
KALER, IRVING; condolences.........................................................................................HR 827
KENN, CHRIS; commend..................................................................................................HR 974 KENNESAW, CITY OF
Corporate limits................................................................................................................HB 1936 Corporate limits ................................................................................................................HB 1937 KERR, NANCY; commend ................................................................................................HR 997
KING, CORETTA SCOTT; commend............................................................................HR 610 KING, DON; invite to House.............................................................................................HR 460
KING, MARTIN LUTHER Failure to observe Martin Luther King holiday; prohibit state funds to local government..................................................................HB 1157 Selma to Atlanta Relay; recognize...................................................................................HR 561 Selma to Atlanta Relay; recognize participants.............................................................HR 740
KING, STEVEN; commend ...............................................................................................HR 533 KINGSLAND DEVELOPMENT AUTHORITY; extend
Constitutional Amendment............................................................................................. HB 1546 KINNEY, LT. WILLIAM; commend..............................................................................HR 726
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INDEX

KINSTLINGER, STAN; commend.................................................................................HR 941 KNOX, MYLIE B.; commend on 100th birthday ..........................................................HR 998

LABOR AND INDUSTRIAL RELATIONS Amusement ride; definition ...............................................................................................SB 536 Certain public officials; required duty hours ...............................................................HB 1484 Civil office; disabled individuals; employment preference.........................................HB 2047 Employees attending judicial proceeding; prohibit dismissal.......................................SB 314 Employment security; interest payments ........................................................................SB 470 Employment security; payment disputes; settlement ....................................................SB 471 Employment security; security bonds for employers .....................................................SB 473 Employment; attendance at judicial proceeding; prohibit dismissal........................HB 1327 Georgia Occupational Regulation Review Advisory Council; establish......................HB 850 Hazardous substances; disclosure to employees.............................................................HB 206 Joint Farm Labor Sanitation Study Committee; create...............................................HR 687 Municipalities; workers' compensation self-insurance fund; participation........................................................................................................HB 1482 Targeted jobs tax credit; Congress urged to extend .....................................................HR 734 Temporary Help Services Week in Georgia; designate 10/12/86-10/18/86................HR 809 Workers' compensation; assessment of attorney fees .................................................HB 1745 Workers' compensation; benefits; define next of kin;...................................................HB 380 Workers' compensation; benefits; dependents; certain limits......................................HB 384 Workers' compensation; benefits; time for payment .....................................................SB 163 Workers' Compensation Coverage Study Committee; create .......................................SR 438 Workers' compensation; employees select physician.....................................................HB 435 Workers' compensation; hearings; time limitation.........................................................SB 162 Workers' compensation; persons delivering newspapers; exclude .............................HB 1832 Workers' compensation; reimbursement; health care providers...................................SB 161 Workers' compensation; witness at hearing; prohibit discharge .................................HB 381 Youth Conservation Corps Study Committee; create...................................................HR 663
LAGRANGE, CITY OF; downtown development district; limits................................SB 593
LAMAR COUNTY Barnesville and Lamar County Fire Organizations; commend....................................HR 952 Lamar County Comprehensive High School Trojans basketball team; commend............................................................................................HR 889 Lamar County Comprehensive High School Lady Trojans basketball team; commend............................................................................................HR 890 Radioactive waste repository; relative to location in certain counties .........................................................................................HR 1013
LAND (See Property)
LANDLORD AND TENANT Atlanta, City of; relative to slumlords.............................................................................HR 712 Dispossessory proceedings; landlord store personal property......................................HB 429 Dispossessory warrant; notary public sign affidavit....................................................HB 1275 Foreclosure; dispossessory proceedings; notice ...............................................................SB 476 Removal of tenants' mobile home; writ of possession ................................................HB 1931 Replace locks for new tenant..........................................................................................HB 1875 Urban redevelopment; rent suspension; escrow...........................................................HB 1436 Waterbed requirements ......................................................................................................SB 492
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2691

LANDSCAPE ARCHITECTS Board; amend provisions .................................................................................................HB 1236 Board; continue ....................................................................................................................SB 354
LANIEB COUNTY; Lakeland-Lanier County Charter Commission; create...........HB 1971
LAURENS COUNTY; board of education; elections .................................................HB 1132
LAW ENFORCEMENT OFFICERS AND AGENCIES Arrests; use of force ........................................................................................................HB 1363 Bail bonds; certain officials; prohibitions ........................................................................SB 565 Compensation of certain state officials; amend .............................................................HB 585 Correctional institutions; deputize certain persons ........................................................SB 436 Correctional institutions; violent death of inmate; notify GBI....................................SB 217 Criminal procedure; arrest; probable cause hearing......................................................HB 669 Criminal records purge; persons released without charge ..........................................HB 1759 Discharging duty; prohibit interference ........................................................................HB 1320 Discharging duty; prohibit interference ...........................................................................SB 362 Domestic relations case; contempt of court.....................................................................SB 181 Driver's license record; access by certain persons ............................................................SB 45 Family violence; arrest without warrant .........................................................................HB 224 Firefighter applicant; criminal record disclosure............................................................SB 391 Georgia Bureau of Investigation; designate Phil Peters Building..............................HR 470 House Law Enforcement Stress Management Study Committee; create..................HR 277 Impersonating a peace officer; penalty .........................................................................HB 1341 Income tax; certain retirement income; exemption.......................................................HB 763 Indemnification; law enforcement officers, firemen and prison guards; permanent disability - CA...........................................................HR 644 Jail officer; training course; requirement.........................................................................SB 451 "Law Enforcement Officer Appreciation Day"; designate ...........................................HB 926 Law Enforcement Appreciation Day; recognize.............................................................HR 700 Law enforcement officer and prison guard; compensation; certain injuries .................................................................................................................SB 322 Law Enforcement Officer Salary Incentive Study Committee; create.......................HR 301 Law Enforcement Officers' Rules and Procedures Act; enact.....................................HB 812 Missing Children Information Center; create ..............................................................HB 1263 Motor vehicle insurance; certain accidents......................................................................SB 447 Motor vehicles; markings...................................................................................................HB 466 Peace Officers Association; commend .............................................................................HR 814 Peace Officers Memorial Day; recognize 5/15/86 ..........................................................HR 950 Peace Officers Memorial Week; recognize ......................................................................HR 745 Peace officers; incentive pay; advanced levels of certification .....................................SB 544 Peace Officers' Annuity and Benefit Fund; benefits ....................................................HB 365 Peace Officers' Annuity and Benefit Fund; certain Public service commission employees; membership..................................................HB 505 Private property; uniform rules of road; enforcement...................................................SB 417 Retired peace officer; possession of weapons .................................................................HB 889 Salary and training; joint committee to study revenue sharing...................................SR 324 Sheriffs; minimum salaries.................................................................................................SB 419 State Patrol Disciplinary Board; provisions...................................................................HB 460 State Patrol; certain clothing allowance .......................................................................HB 1962 State Patrol; compensation for certain injuries ...........................................................HB 1322 State patrol; designate cadets as peace officers ...........................................................HB 1843 State patrol; interstate responsibility..............................................................................HB 176 State Patrol; mandatory retirement age ..........................................................................SB 304 Traffic citations; failure to respond; reinstatement of license .....................................SB 551 Traffic convictions; challenging conviction...................................................................HB 1351 Vehicles; flashing lights; restrictions .............................................................................HB 1256

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2692

INDEX

LAWRENCEVILLE, CITY OF; new charter .............................................................HB 1941
LAWSON, JOHN; commend ...........................................................................................HR 1010
LE CHASNEY, DR. CHARLES; commend..................................................................HR 859
LEAVY, CARL F.; commend ............................................................................................HR 724
LEE, HONORABLE WILLIAM J.; express appreciation .........................................HR 683
LEE, PAT AND THESPIAN TROUPE 2390, GRIFFIN HIGH SCHOOL; commend.........................................................................................-HR 609
LEGISLATIVE BUDGET OFFICE; commend ........................................................HR 1007
LEGISLATIVE COUNSEL; commend office.............................................................HR 1008
LIABILITY INSURANCE Amend provisions relating to policies generally ..........................................................HB 1503 Annual reports of insurers...............................................................................................HB 1387 Attorneys; contingency fees.............................................................................................HB 1184 Boards of education; self-insurers..................................................................................HB 1553 Charities; limit recovery ..................................................................................................HB 1659 Civil Justice Reform; amend Code.................................................................................HB 1186 Commission on Governmental Liability; re-create.........................................................SR 338 County boards of health ..................................................................................................HB 1549 Emergency medical services; municipalities and counties .........................................HB 1526 Indigent defense; liability of attorney ...........................................................................HB 1818 Insurance companies; reports ............................................................................................SB 384 Joint Liability Insurance Cost Containment Study Committee; create.....................HR 640 Joint Liability Insurance Study Committee; create......................................................HR 577 Judges and employees; provide coverage.............................................................................SB 2 Long-term care facilities; civil liability; amend provisions........................................HB 1583 Medical malpractice cases; guardian ad litem; appointment........................................SB 459 Motor vehicles; one-year minimum coverage ...............................................................HB 1504 Municipalities; immunity from liability ........................................................................HB 1471 Nuisances; actions against municipalities; immunity..................................................HB 1741 Public officials and employees; liability insurance; amend provisions........................SB 440 Torts; using force against another ....................................................................................SB 489 Wrongful death; prelitigation screening........................................................................HB 1383
LIBERTY COUNTY Board of commissioners; provisions...............................................................................HB 1239 Board of education; create ..............................................................................................HB 1237 School superintendent; appointment.............................................................................HB 1238
LIBRARIES Corporations; income tax credit; library rental..............................................................HB 694 Fulton County; library system; special districts ..........................................................HB 1493 Fulton County; library tax; exempt City of East Point .............................................HB 1896 Presidential Library State Park Enabling Law; enact................................................HB 1060
LICENSE PLATES AND REGISTRATION Bad check; penalty for issuing........................................................................................HB 1639 Banks County; motor vehicle registration ....................................................................HB 1994 Barrow County; motor vehicle registration...................................................................HB 2004 Bibb County; motor vehicle registration.......................................................................HB 1924 Bulloch County; motor vehicle registration..................................................................HB 1957 Burke County; motor vehicle registration.....................................................................HB 1850 Camden County; motor vehicle registration.................................................................HB 2050 Certificate of title; certain vehicles; emission standards ............................................HB 1974

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INDEX

2693

LICENSE PLATES AND REGISTRATION (Continued) Check for fees; make payable to office............................................................................HB 143 Clayton County; motor vehicle registration..................................................................HB 2073 Columbia County; motor vehicle registration ..............................................................HB 1980 County name decals; amateur radio operators.............................................................HB 1357 DeKalb County; motor vehicle registration..................................................................HB 1841 Dougherty County; motor vehicle registration.............................................................HB 2027 Douglas County; motor vehicle registration .................................................................HB 1923 Driver's license suspension; foreign judgments..............................................................HB 545 Driving under the influence conviction; distinctive markings on vehicle..................HR 744 Effingham County; motor vehicle registration.............................................................HB 1966 Emergency medical services systems; additional fees.................................................HB 1578 Emergency medical services systems; certain additional fees - CA.............................SR 317 Emission verification form; requirement ......................................................................HB 1183 Fort Valley State College; special license plates ............................................................SB 423 Glynn County; motor vehicle registration.....................................................................HB 1975 Gordon County; motor vehicle registration ..................................................................HB 2005 Gwinnett County; motor vehicle registration ...............................................................HB 1956 Hall County; motor vehicle registration........................................................................HB 1905 Henry County; motor vehicle registration ....................................................................HB 1606 Jackson County; motor vehicle registration .................................................................HB 1993 Jenkins County; motor vehicle registration..................................................................HB 1828 Local governments; taxation and license fees; transfer schedule..............................HB 1734 Lumpkin County; motor vehicle registration ...............................................................HB 2061 Morehouse College; special license plates........................................................................SB 484 Motor Vehicle License Plate Transfer Study Committee; create ...............................HR 466 Muscogee County; motor vehicle registration ..............................................................HB 1851 Polk County; motor vehicle registration .......................................................................HB 1978 Prisoners of war; definition.................................................................................................HB 79 Prorated registration fee....................................................................................................HB 286 Prorated registration fee....................................................................................................HB 400 Screven County; motor vehicle registration..................................................................HB 1997 Spalding County; motor vehicle registration................................................................HB 1942 Special license plates; Board of Regents.......................................................................HB 1601 Special license plates; certified firefighter....................................................................HB 1212 Special license plates; deceased Prisoner of War; spouse's eligibility ......................HB 1105 Special license plates; Georgia Southern, West Georgia, and Albany State Colleges .................................'.........................................................HB 1444 Special license plates; Georgia State University and Morris Brown College ..................................................................................................HB 1384 Special license plates; Savannah State College...............................................................SB 424 Special license plates; University of Georgia................................................................HB 1500 Special license plates; Valdosta State College .............................................................HB 1893 Special license plates; Wesleyan College.......................................................................HB 1258 Special license plates; Young Harris College ..................................................................SB 293 Staggered registration ......................................................................................................HB 1317 Staggered registration ........................................................................................................HB 401 Staggered registration; certain counties ..........................................................................HB 287 Taxes and license fees; illegal collection; time limit on claim for refund ............................................................................................................HB 1543 Vintage license plates; historical vehicles .......................................................................HB 619
LICENSES (Also see named license) Alcoholic beverage sales; hotels; in-room service.........................................................HB 1386 Animal Protection Act; provide......................................................................................HB 1346 Applied psychology; education requirements .................................................................HB 826 Architects, Board of; membership..................................................................................HB 1295 Asbestos Licensing Board; establish.................................................................................SB 409

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2694

INDEX

LICENSES (Also see named license) (Continued) Auctioneers; nonresidents; licensing................................................................................HB 847 Barbers, State Board of; continuation..........................................................................^ 1219 Business license; restrictions.............................................................................................HB 154 Cable television systems; franchise license......................................................................SB 300 Cemeteries; burial merchandise; amend provisions.....................................................HB 1460 Child-care agencies; restrictions.....................................................................................HB 1225 Conditional driver's license; minors; waive certain requirements...............................HB 360 Conditional driver's license; suspension; limited permit..............................................HB 382 Cooperative Associations; regulation.............................................................................HB 1136 Cosmetology, State Board; termination........................................................................HB 1173 Counties; certain occupational tax levy...........................................................................HB 477 County surveyors.................................................................................................................SB 348 Dance halls and roadhouses; inspections; certain exceptions ....................................HB 1359 Dental hygienists; Level II ..............................................................................................HB 1687 Distinctive driver's licenses; age requirement ..................................................................HB 17 Driver training schools; license renewal........................................................................HB 1423 Driver's license; driving without proof of insurance; suspension ..............................HB 1954 Driver's license; examination for renewal........................................................................SB 320 Driver's license; facial photograph.....................................................................................HB 19 Driver's license; habitual offender; notice of suspension............................................HB 1525 Driver's license; habitual violator status; moving violations......................................HB 1917 Drivers' license; issuance; amend provisions................................................................HB 1541 Driver's license; lack of proof; submission....................................................................HB 1505 Driver's license; record; access by certain persons...........................................................SB 45 Drivers' license; second suspension for driving under the influence; alcohol education program ..........................................................SB 29 Driver's license; suspension; certain conviction; probation ..........................................HB 359 Driver's license; suspension; failure to respond to traffic citation..............................HB 179 Driver's license; suspension; foreign judgments.............................................................HB 545 Driver's license; suspension; homicide by vehicle........................................................HB 1708 Driver's license; unlawful use; contraband .....................................................................HB 932 Emergency medical services systems; amend provisions...............................................SB 400 Equine; regulate stables.....................................................................................................HB 253 Examining boards; central file........................................................................................HB 1435 Financial institutions; casher of checks ........................................................................HB 1374 Firearms; record searches by FBI; costs.......................................................................HB 1162 Firefighter applicant; driving record disclosure..............................................................SB 392 Fireworks; regulate sale; permit requirements...............................................................HB 264 Food fish dealer; resident or nonresident; license..........................................................SB 410 Georgia Occupational Regulation Review Advisory Council; establish......................HB 850 Hospitals; freestanding clinics; regulations...................................................................HB 1468 Hunting and fishing; elderly, nonresident person; license .........................................HB 1574 Hunting and fishing; honorary licenses; certain veterans ..........................................HB 1128 Identification card; persons 20 years or younger; requirement ....................................SB 393 Landscape Architects, Board of; amend provisions ....................................................HB 1236 Landscape Architects, Board of; continue .......................................................................SB 354 License plates; county name decals; amateur radio operators..................................HB 1357 Locksmiths.........................................................................................................................HB 1874 Marriage; HTLV-III test; requirement .........................................................................HB 1190 Massage, State Board of; establish ..................................................................................HB 476 Mortgage brokers and loan agents, solicitors; licensing..................................................HB 68
Nonmedical health care practitioners; licensing..........................................................HB 1121
Nursing Home Administrators, State Board of; amend provisions ..........................HB 1177
Pharmacists; continuing education ..................................................................................HB 688
Pharmacists; continuing education ...................................................................................SB 267
Pharmacy interns..............................................................................................................HB 1683

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INDEX

2695

LICENSES (Also see named license) (Continued) Physical Therapy, State Board of; amend provisions.................................................HB 1175 Physicians and Osteopaths; regulation; amend provisions............................................SB 497 Physicians; provisional license; extend time...................................................................HB 233 Private detectives and private security agencies; license; amend provisions ............................................................................................................HB 795 Professional Sanitarians, Board of; termination..........................................................HB 1174 Psychologists, State Board of Examiners; revise provisions ......................................HB 1176 Raccoon dealers; fees..........................................................................................................HB 846 Real estate salespersons; qualifications.........................................................................HB 1545 Respiratory Care Practices Act; enact................................................................................SB 32 Social work; license requirement....................................................................................HB 1042 State examining boards; sanction businesses without licenses.....................................SB 368 State Professional Sports Commission; create .............................................................HB 1255 Traffic citations; failure to respond; reinstatement of license .....................................SB 551 Traffic citations; license suspension in lieu of bail; reinstatement..............................SB 552 Utility contractors; licensing ...........................................................................................HB 1041 Vintage license plates; historical vehicles .......................................................................HB 619 Weapons; residency requirement....................................................................................HB 1226
LIENS AND MORTGAGES Boll weevil; eradication provisions.................................................................................HB 1682 Deeds to secure debt; cancellation...................................................................................HB 840 Hospitals and nursing homes; treatment of injured persons........................................SB 456 Mechanics' and materialmen's liens; cancellation provision........................................HB 213 Mechanics' and materialmen's liens; real estate appraisals .........................................HB 633 Mortgage Loan Company and Loan Broker Act; enact................................................HB 875 Mortgages; cancellation procedures; certain counties .................................................HB 1900 Property; foreclosure sales; certain process..................................................................HB 1456 Residential Finance Authority; amend provisions..........................................................SB 580
LIEUTENANT GOVERNOR; communication ............................................................Page 11
LIFE INSURANCE; wills; renunciation of proceeds.....................................................SB 414
LINCOLN COUNTY RED DEVILS AND COACH LARRY CAMPBELL; invite to House........................................................................................HR 575
LINCOLN COUNTY Board of commissioners; amend provisions..................................................................HB 1731 Board of education; election provisions ........................................................................HB 1730 Tax commissioner; compensation...................................................................................HB 1728 Tri-County Water Authority for the Counties of Columbia, McDuffie, and Lincoln; create ....................................................................................HB 1729
LITHONIA, CITY OF; commend....................................................................................HR 923
LITTER CONTROL; poultry feathers on highway .......................................................HB 389
LIVESTOCK; control of infectious diseases; definitions.............................................HB 1172
LOANS Certain educational loans; National Guard; eligibility ...............................................HB 1446 Farm loans; agricultural operations; 25% of livelihood..............................................HB 1376 Intangible personal property; ad valorem tax exemption ............................................HB 922 Investment; retirement funds; South African institutions ...........................................HB 348 Investment; state funds; South African institutions.....................................................HB 349 Mortgage Loan Company and Loan Broker Act; enact................................................HB 875 Property; foreclosure sales; certain process ..................................................................HB 1456 Residential Finance Authority Act; amend .....................................................................SB 420

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2696

INDEX

LOANS (Continued) Student loans; setoff debt; income tax refund.............................................................HB 1464 Student loans; setoff debt; income tax refund.............................................................HB 1700
LOBBYISTS Communications from Secretary of State.........................................Pages 137, 175, 347, 728, 1026, 1441, 1829 Registered agents and employers; reports ....................................................................HB 1137
LOCAL GOVERNMENTS (Also, see Counties or Municipalities) Abandoned wells; counties; authorization to cover........................................................SB 421 Ad valorem tax; homestead exemption .........................................................................HB 1676 Annexation; certain municipalities; limitations ..............................................................SB 380 Annexation; municipal corporations; independent school systems..............................SB 328 Annexation; municipal corporations; 100% of landowners...........................................SB 150 Annexation; municipalities having independent school systems; amend provisions ..........................................................................................HB 1697 Area Planning and Development Commission; certain members election ..............HB 1118 Atlanta, City of; contracts; certain redevelopment areas..............................................SB 583 Audits; amend provisions ...................................................................................................SB 228 Boards of education; organization; provide by local law..............................................HB 859 Boards of education; parties right to appeal decision ...................................................SB 416 Business license; restrictions.............................................................................................HB 154 Civil office; disabled individuals; employment preference.........................................HB 2047 Coastal Zone Protection Law; provide ..........................................................................HB 1096 Controlled substances; forfeited property; annual report ..........................................HB 1365 Counties and municipalities; contracts for water or sewage facilities - CA...................................................................................................................HR 416 Counties and municipalities; eminent domain; certain prohibitions - CA.................SR 358 Counties and municipalities; joint self-insurance programs .........................................SB 369 Counties and municipalities; planning and zoning powers - CA.................................HR 571 Counties and municipalities; public facilities; voter approval - CA..............................SR 92 Counties and municipalities; short-term indebtedness....................................................SB 28 Counties and municipalities; urban enterprise zones; provide ....................................HB 642 Counties and municipalities; urban enterprise zones - CA..........................................HR 118 Counties; board of commissioners; provide ....................................................................HB 867 Counties; certain occupational tax levy...........................................................................HB 477 Counties; civil service system; provide ..........................................................................HB 1193 Counties; salt-water islands; zoning.................................................................................HB 911 County boards of education; remove members...............................................................SB 335 County boards of education; sales; certain exceptions...............................................HB 1197 County boards of tax assessors; membership...............................................................HB 1785 County commissioners; certain counties; minimum salary...........................................HB 453 County commissioners; vacancies; election......................................................................SB 422 County consolidation; remove referendum requirement - CA.....................................HR 397 County officials; conflicts of interest; property sales..................................................HB 1577 County tax officials; certain qualifications ...................................................................HB 1378 County tax officials; vacancies; interim appointments ...............................................HB 1480 County tax; municipal downtown development; financial assistance.......................HB 2002 Development authorities; alternative living home.........................................................HB 192 Education; school security personnel; powers ................................................................HB 568 Emission inspection; driving without certificate; jurisdiction ...................................HB 1313 Failure to observe Martin Luther King holiday; prohibit grant of state funds.................................................................................................................HB 1157 Financial statements; filing.............................................................................................HB 1498 Fulton County; zoning procedures ...................................................................................HB 457 Fulton-DeKalb Counties; annexation; certain areas; population classification ................................................................................................HB 820

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2697

LOCAL GOVERNMENTS (Also, see Counties or Municipalities) (Continued) Georgia Development Authority; amend provisions....................................................HB 1686 Governmental Reorganization Study Commission; Fulton County ..........................HB 1790 Handicapped parking; special enforcement unit............................................................SB 343 Highways; private driveways; delete certain prohibitions ............................................HB 797 Hospital authorities; two local governments; membership..........................................HB 641 Housing authorities; number of commissioners.............................................................HB 243 Indigent Health Care Provider Reimbursement Fund; create....................................HB 556 Investments in certain financial institutions................................................................HB 1876 Joint Land Use Planning Procedures Study Committee; create ................................HR 239 Land covenants; time limitations.....................................................................................HB 127 Land Use and Development Commission; create ........................................................HB 1425 Land Use Planning Procedures Study Committee; create...........................................HR 332 Law Enforcement Officers' Rules and Procedures Act; enact.....................................HB 812 License plates; staggered registration............................................................................HB 1317 Limit funding for certain services..................................................................................HB 1649 Local government audits; comply with federal requirements......................................HB 858 Local government investment pool; approved uses.....................................................HB 1349 Local governmental reorganization; General Assembly's authority ..........................HB 1572 Local option sales tax; school district debt payment..................................................HB 1655 Marietta, City of; de-annex certain property..................................................................SB 452 Metropolitan rivers; environmental protection; requirement.......................................SB 317 Municipal annexation; additional method......................................................................HB 410 Municipal court; establishment ......................................................................................HB 1476 Municipal courts; jurisdiction; shoplifting ......................................................................HB 458 Municipal governing authority; members' terms................................................................SB 3 Municipalities; immunity against nuisance actions.....................................................HB 1741 Municipalities; immunity from liability ........................................................................HB 1471 Municipalities; trains; speed limits..................................................................................HB 700 Municipalities; workers' compensation self-insurance fund; participation ........................................................................................................HB 1482 Muscogee County; certain tax exemption; extend Constitutional Amendment........HB 528 Nuisances; repair or close certain buildings ....................................................................SB 377 Pari-mutuel wagering; certain counties - CA.................................................................HR 108 Past due taxes; interest rate...........................................................................................HB 1452 Processioning of boundaries; certain counties.................................................................SB 325 Proposed development districts; ad valorem tax exemption .....................................HB 1783 Public authorities; certain prohibitions; CA...................................................................HR 662 Public funds; prohibit laws against certain investments in foreign countries - CA...............................................................................................HR 480 Public works contracts; certain counties.......................................................................HB 1340 Railroads; condemnation .................................................................................................HB 1371 Regional public projects; Area Planning and Development Commission serve as coordinating agent...................................................................HB 1293 Retirement systems; investments...................................................................................HB 1684 Shore Assistance Act; Coastal Marshlands Protection; amend....................................SB 450 Short-term debt; taxable property - CA............................................................................SR 12 Special 1% sales tax; amend provisions........................................................................HB 1469 Special sales tax; certain water and sewer projects.....................................................HB 1243 Taxation and license fees; transfer schedule................................................................HB 1734 Taxation; State Board of Equalization; abolish...........................................................HB 1715
Taxes and license fees; illegal collection; time limit on claim for refund ............................................................................................................HB 1543
Tennessee Valley Authority; payments to local governments; formula ...................HB 2066
Urban redevelopment; rent suspension; escrow...........................................................HB 1436
Zoning Procedures Law for Metropolitan Counties; provide.......................................HB 715
Zoning Procedures Law; amend provisions ..................................................................HB 1141

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2698

INDEX

LOCAL GOVERNMENTS (Also, see Counties or Municipalities) (Continued) Zoning proceedings; liability for participation.............................................................HB 1389 Zoning prohibitions; County officials; property interest..............................................HB 618
LOCAL OPTION SALES TAX School district debt payment..........................................................................................HB 1655 Special 1% sales tax; amend provisions........................................................................HB 1469
LOCKSMITHS Landlord and tenant; replace locks for new tenant ....................................................HB 1875 Licensing ............................................................................................................................HB 1874
LOOKOUT MOUNTAIN JUDICIAL CIRCUIT; add judge .................................HB 335
LOTTERY Charitable organizations; provide - CA.............................................................................HR 19 Nonprofit corporations; authorization...........................................................................HB 1164 Operation by nonprofit organizations - CA....................................................................HR 463 Promotional contests and giveaways; lotteries; definitions........................................HB 1439 State lottery; provide.........................................................................................................HB 337
LOUISVILLE, CITY OF; ceremonial return of General Assembly...........................HR 811
LOVINGS, L. EDWARD; commend.............................................................................HR 1009
LOWNDES COUNTY; convey property.........................................................................HR 586
LUCAS, JILL; commend....................................................................................................HR 932
LUMPKIN COUNTY; motor vehicle registration ......................................................HB 2061
LUPTON, REPRESENTATIVE JOHN AND LAURA; congratulations............HR 722
LYONS, CITY OF; recorder's court; appeals ...............................................................HB 1509

M
MACON, CITY OF Corporate limits ................................................................................................................HB 1920 Macon-Bibb County Board of Health; extend Constitutional Amendment............HB 1884 Macon-Bibb County Industrial Development Authority; extend Constitutional Amendment............................................................................HB 1885 Macon-Bibb County Transit Authority; group insurance..........................................HB 1816 Macon-Bibb County; consolidated government; provide..............................................HB 734 Macon-Bibb County; consolidation; extend Constitutional Amendment ................HB 1886 Macon-Bibb County; urban development authority; extend Constitutional Amendment ............................................................................HB 1902 Macon-Bibb County; zoning procedures; extend Constitutional Amendment........HB 1883 Preferential tax assessment; certain property; extend Constitutional Amendment............................................................................HB 2058 Redevelopment powers ....................................................................................................HB 1987
MADDOX, DAVID N.; compensate ................................................................................HR 632
MAGISTRATE COURTS Amend provisions ................................................................................................................SB 340 Arrest prior to trial; violations of county ordinances ....................................................SB 355 Civil claims; jurisdiction....................................................................................................HB 215
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2699

MAGISTRATE COURTS (Continued) Clerks; age requirement ...................................................................................................HB 1419 Constables; minimum age................................................................................................HB 1220 Contract to serve in municipal courts ...........................................................................HB 1477 Council of Magistrate Court Judges; create .................................................................HB 1414 Default judgments; appeals.............................................................................................HB 1333 Judges and employees; liability insurance; provide coverage ...........................................SB 2 Magistrates; full-time or part-time; number, term, selection ......................................HB 652 Magistrates; practice in any court; certain conditions...................................................SB 475 Magistrates; practice in own court; restrictions.............................................................HB 651 Probate court judge; compensation for service .................................................................SB 73 Sheriffs' Retirement Fund; benefits; fee in civil cases .................................................HB 318
MALOOF, CHIEF DEPUTY MIKE; commend..........................................................HR 730
MALT BEVERAGES (See Alcoholic Beverages and Alcoholism)
MARIETTA, CITY OF Board of lights and water works; powers; extend Constitutional Amendment ............................................................................................SB 557 Cobb County-Marietta Water Authority; amend Act creating..................................HB 1898 Cobb-Marietta Coliseum and Exhibit Hall Authority; members..............................HB 2012 Corporate limits ................................................................................................................HB 1935 Councilman; qualifications ..............................................................................................HB 1934 De-annex certain property .................................................................................................SB 107 De-annex certain property .................................................................................................SB 324 De-annex certain property .................................................................................................SB 452 Downtown development authority .................................................................................HB 1840 Downtown development authority; extend Constitutional Amendment..................HB 1771 Downtown development authority; extend Constitutional Amendment..................HB 1814 Education bonds; extend Constitutional Amendment................................................HB 1769 Education bonds; extend Constitutional Amendment ................................................HB 1813 Homestead exemption; additional $4,000 .....................................................................HB 1786 Water, sewerage, electric systems; bonds; extend Constitutional Amendment .........................................................................................HB 1772
MARION COUNTY Board of education; members .........................................................................................HB 2023 Commissioner districts.....................................................................................................HB 2024
MARKETS; Farmers Market in Ellijay; construction fund for apple cooler .............HR 808
MARRIAGE (See Domestic Relations)
MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) Add member to Board .......................................................................................................HB 238 Certain income; transit operating revenue ......................................................................SB 494 Employee bargaining........................................................................................................HB 1373 Employees; certain benefits; repeal limitation .................................................................HB 46 Exterior bus advertising; urge implementation .............................................................HR 840 Group insurance or retirement plans; exclude certain employees ............................HB 1204 Labor relations officer; appoint........................................................................................HB 736 MARTOC; Resolution creating; date of repeal..............................................................HR 515
MARTIAL ARTS STUDY COMMITTEE; create ......................................................HR 56
MARTIN, DR. ROBERT B., HI; commend .................................................................HR 616
MARTIN, HONORABLE JIM AND JOAN; congratulations on 16th anniversary............................................................................................................ HR 599

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2700

INDEX

MARY PERSONS HIGH SCHOOL DEBATE TEAM; commend .......................HR 915
MASSAGE, MASSEURS Nonmedical health care practitioners; licensing ..........................................................HB 1121 State Board of Massage; establish ...................................................................................HB 476
MATHIS, OFFICER PHILIP BRUCE; condolences..................................................SR 286
MAXWELL-PREGEANT, REVEREND SAMMIE; commend..............................HR 956
MCAULIFFE, CHRISTA; in remembrance ..................................................................HR 636
MCCLELLAND, KEITH; commend...............................................................................HR 916
MCCLURE, CHIP; commend ...........................................................................................HR 980
MCCURDY, LUCILLE;commend..................................................................................HR 832
MCDANIEL, DR. CHARLES; condolences..................................................................HR 985
MCDUFFIE COUNTY; Tri-County Water Authority for the Counties of Columbia, McDuffie, and Lincoln; create ...............................................HB 1729
MCGEE, WILLIE B., JR.; invite to House....................................................................HR 665
MCGLAUN, STEWART; condolences............................................................................HR 488
MCNAIR, RONALD E.; condolences; invite family to House ....................................HR 850
MCNEILL, DR. A. A.; commend.....................................................................................HR 485
MEDICAL ASSISTANCE, DEPARTMENT OF Rules and regulations; procedure...................................................................................HB 1593
MEDICAL PRACTICE (See Physicians and Osteopaths)
MEETINGS; seminars; false reason for holding; deceptive practice ............................SB 326
MELLING, HARRY S.; express appreciation ...............................................................HR 868
MENTAL HEALTH Abortions; notices ...............................................................................................................HB 310 Alzheimer's Disease Study Committee; commend Department of Human Resources ......................................................................................................HR 611 Center for Rehabilitation Technology Study Committee; re-create...........................HR 638 Developmentally disabled persons; habilitation ............................................................HB 873 Disability services; provide..............................................................................................HB 1385 Driving under the influence; accidents; serious injuries; penalty ...............................HB 496 Driving under the influence; penalty provisions............................................................HB 706 Driving under the influence; treatment, prevention and education; portion of fine or forfeiture - CA.................................................................................HR 296 Gracewood; designate Norman B. Pursley Georgia Developmental Center ..............HR 524 Guardian and ward; power of attorney; limitations....................................................HB 1732 Handicapped children; special education services.........................................................HB 262 Handicapped children; special education services; expenses.......................................HB 263 Handicapped persons; access to public facilities; certain exemptions .......................HB 685 Handicapped persons; Human Resources provide services.............................................SB 22 Mentally ill persons; outpatient or inpatient treatment ...............................................SB 318 Mentally ill persons; sterilization.....................................................................................HB 237 Mentally retarded persons; transfer custody..................................................................HB 207 Mentally retarded persons; treatment..............................................................................SB 152 Sexual contact offenses; amend Criminal Code.............................................................HB 184 Staffing in Mental Health Facilities Joint Study Committee; create.............................SR 8

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2701

MERIT SYSTEM (Also, see State Employees or State Government) Boards of health; certain counties; unclassified personnel ........................................HB 1152 Employee hearing; representation..................................................................................HB 1600 Retirement; accumulated leave.........................................................................................HB 260 Sick leave ...........................................................................................................................HB 1599 State employees; counseling; assistance program ...........................................................SB 418 State Personnel Board; review of rules............................................................................SB 145
MERIWETHER COUNTY Board of education and superintendent; extend Constitutional Amendment ........HB 1289 Development authority; extend Constitutional Amendment.....................................HB 1290
MILITARY AFFAIRS Certain educational loans; National Guard; eligibility ...............................................HB 1446 Educational grants and loans; draft registration ...........................................................HB 969 Emergency Management Division; Department of Defense; executive director............................................................................................................HB 693 Emergency Management Personnel Recognition Day; designate 2/12/86 .................HR 546 Employees' retirement; certain credit .............................................................................HB 302 Employees' retirement; military service credit ............................................................HB 1592 Homestead exemption; certain disabled veterans .........................................................HB 509 Hunting and fishing; honorary licenses; certain veterans ..........................................HB 1128 Income tax exemption; certain retirement income........................................................HB 829 Income tax; exempt certain retirement benefits..............................................................HB 34 Income tax; exempt certain retirement income ...........................................................HB 1575 License plates; prisoners of war; definition ......................................................................HB 79 Medal of Honor; authorization to design and strike.....................................................HR 260 Motor vehicles; Prisoner of War; ad valorem tax exemption ....................................HB 1106 National salute to hospitalized veterans; commend VA...............................................HR 725 Organized militia; officers; occupy certain positions...................................................HB 1100 Special license plates; deceased Prisoner of War; spouse's eligibility ......................HB 1105 State Defense Force; name changed ................................................................................HB 565 Teachers retirement; certain military service credit.....................................................HB 779
MILLEDGEVILLE, CITY OF Amend charter .....................................................................................................................SB 117 Convey property ....................................................................................................................SR 10 Convey property ....................................................................................................................SR 96 Corporate limits...................................................................................................................SB 367 War Veterans Home; urge additional appropriations....................................................SR 158
MILLER COUNTY Education districts; reapportion.....................................................................................HB 1761 State court; judge and solicitor's salary ........................................................................HB 1762
MILLEY, AL;commend.....................................................................................................HR 918
MILLS APS, MARTHA; compensate ..............................................................................HR 520
MINORS Abortions; notices ...............................................................................................................HB 310 Adoption; foreign children; termination of parental rights........................................HB 1211 Age of Criminal Responsibility Study Committee; create ...........................................HR 749 Aid to families; exempt certain income.........................................................................HB 2001 Alcohol and drug safety course; repeal certain provisions...........................................HB 361 Alcoholic beverages; age for purchasing..........................................................................HB 202 Alcoholic beverages; age for purchasing.............................................................................SB 13 Alcoholic beverages; consumption in home ..................................................................HB 1532 Alcoholic beverages; identification requirements.............................................................HB 20 Alcoholic beverages; retail sales; minors on premises ...................................................HB 317

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2702

INDEX

MINORS (Continued) Alcoholic beverages; underage buyer; arrest by retailer ...............................................HB 936 Anatomical gift; amend provisions.................................................................................HB 1334 Appeals; certain child custody cases; application........................................................HB 1150 Birth certificate; father's signature ................................................................................HB 1475 Child Abuse Action Fund; establish..............................................................................HB 1107 Child abuse and sexual abuse victims; restitution ................................,.......................HR 476 Child abuse cases; admissible evidence...........................................................................HB 292 Child abuse cases; hearsay evidence ..............................................................................HB 1260 Child Abuse Study Committee; create............................................................................HR 169 Child abuse; admissible evidence .......................................................................................HB 18 Child abuse; evidence; confidentiality .............................................................................HB 383 Child abuse; prosecution; time limitation.......................................................................HB 385 Child abuse; reporting requirements .............................................................................HB 1092 Child abuse, sexual abuse, sexual exploitation; training in management of cases.................................................................................................HR 477 Child custody cases; court jurisdiction............................................................................HB 499 Child custody cases; outside investigations ..................................................................HB 1694 Child custody; age of child to select parent ...................................................................HB 315 Child custody; change in residence; notification .........................................................HB 1200 Child custody; grandparents; visitation rights .............................................................HB 1643 Child custody; home investigations; contested cases ....................................................HB 444 Child custody; interviews with child................................................................................HB 445 Child custody; parental agreement ..................................................................................HB 377 Child custody; shared parental responsibility ................................................................HB 424 Child custody; shared parental responsibility................................................................HB 699 Child custody; visitation rights.......................................................................................HB 1551 Child Protection Legislation; commend efforts of Judy Taylor, Gail Buckner and Dawn Perry .....................................................................................HR 928 Child support cases; county of residence - CA..............................................................HR 667 Child support programs; urge Judicial Council to study .............................................HR 736 Child-care agencies; license restrictions ........................................................................HB 1225 Child-care agencies; residents; emergency relocation..................................................HB 1262 Children and youth programs; certain persons; criminal record checks..................HB 1261 Children and Youth Study Committee; create..............................................................HR 518 Children's Services Commissions; create ......................................................................HB 1148 Conditional driver's license; suspension; limited permit ..............................................HB 382 Conditional driver's license; waive certain requirements .............................................HB 360 Criminal cases; child victim or witness; speedy trial ..................................................HB 1087 Death penalty; special procedures ....................................................................................SB 468 Deprived child; detention hearing; time limitation........................................................SB 309 Distinctive driver's licenses; age requirement ..................................................................HB 17 Division of Youth Services; felony conviction; jurisdiction............................................HB 14 Georgia Council of Child Abuse, Inc.; commend ...........................................................HR 776 Grandparents; visitation rights.........................................................................................HB 892 Grandparents; visitation rights..........................................................................................SB 395 Guardian and ward; estate plan; minimize taxes ..........................................................HB 493 Handicapped children; special education services.........................................................HB 262 Handicapped children; special education services; expenses.......................................HB 263 Handicapped children; standard of care.........................................................................HB 586 Handicapped persons; Human Resources provide services.............................................SB 22
Handicapped preschool children; encourage services....................................................SR 281
Income tax credits; child care and household and dependent care expenses ...............................................................................................HB 765
Income tax; teen recreational centers; exemption .......................................................HB 2051
Infantile autism; urge uniform definition .......................................................................HR 521
Interference with child custody; violating visitation rights period...........................HB 1794

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INDEX

2703

MINORS (Continued) Interference with custody; penalty for crime.................................................................HB 500 Juvenile courts; access to records; certain school officials...........................................HB 620 Juvenile courts; capital crimes; jurisdiction ....................................................................SB 323 Juvenile courts; traffic offenses; jurisdiction..................................................................HB 540 Juvenile proceedings; certain traffic and waterways offenses; jurisdiction........................................................................................................SB 351 Loitering in public places; prohibit ...............................................................................HB 1249 Missing Children Information Center; create ..............................................................HB 1263 Motor vehicles; child restraint; exceptions.....................................................................HB 690 Parental rights; termination..............................................................................................HB 175 Sexual contact offenses; amend Criminal Code.............................................................HB 184 Sexual contact; hearsay evidence .....................................................................................HB 289 Sexual exploitation of child; reports by film processors ............................................HB 1202 Sexual exploitation of children; reports by film processors.......................................HB 1194 Sexual offenses; admissible evidence ...............................................................................HB 757 Sexual offenses; certain protection ....................................................................................HB 29 Sexual offenses; exploitation of child; reports by film processors .................................SB 79 Sexual offenses; penalty ...................................................................................................HB 1201 Sexual offenses; priority court cases..................................................................................HB 28 Sexual offenses; punishment............................................~...........................................HB 1264 State Children's Trust Fund Commission; establish .....................................................SB 413 State Children's Trust Fund; create - CA.......................................................................SR 330 Teachers; jury leave; certain cases .................................................................................HB 1416 Teenage Pregnancy Study Committee; create ...............................................................HR 468 Teenage Pregnancy Study Committee; create ...............................................................HR 478 Tobacco products; prohibit sales....................................................................................HB 1331 Trials; child victim or witness; videotaped deposition ...............................................HB 1086 Vending machines; prohibit sales of condoms .............................................................HB 1817 Victims of crime; depositions; .........................................................................................HB 288 Youth Art Month in Georgia; relative to........................................................................HR 756 Youth Conservation Corps Study Committee; create...................................................HR 663 Youth development centers; juvenile participation........................................................SB 308
MITCHELL COUNTY; school superintendent; appointment ..................................HB 1510
MITCHELL, HENRY, III; invite to House ..................................................................HR 664
MOBILE HOMES OR MANUFACTURED HOUSING Ad valorem tax; designation .............................................................................................HB 914 Highways; modular or sectional housing; permit.........................................................HB 1382 Landlord and tenant; removal of tenants' mobile home; writ of possession..........................................................................................................HB 1931 Motor carriers; exclusion; mobile homes or manufactured housing ...........................HB 610
MONROE COUNTY Arbitration by grand jury; extend Constitutional Amendment.................................HB 1529 Industrial development authority; extend Constitutional Amendment ...................HB 1752 Radioactive waste repository; relative to location in certain counties .....................HR 1013
MOPED; definitions ...........................................................................................................HB 2076
MORGAN COUNTY; occupational tax; imposition....................................................HB 1588
MORGAN, NANCY; congratulate....................................................................................HR 650
MOTOR CARRIERS Income tax; motor carrier operating authorities............................................................HB 718 Intrastate transportation; amend provisions................................................................HB 1487 Mobile homes and manufactured housing ......................................................................HB 610

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2704

INDEX

MOTOR CARRIERS (Continued) Motor Transit Load Limitation Study Committee; create ..........................................HR 328 Public Service Commission; certain debt approval; exemption ...................................SB 496 Sand, gravel and rock products; rates for transporting..............................................HB 1617 Tire covers; requirement...............................,....................................................................HB 534 Trucks or tractors; name displayed .................................................................................HB 203
MOTOR FUEL AND ROAD TAX (Also, see Gas, Gasoline and Gas Service or Motor Vehicles and Traffic) Fuel economy standards; urge amendment by NHTSA...............................................HR 680 Gasoline marketing practices; retail sales.......................................................................HB 449 Gasoline marketing; below cost sales; liability ................................................................SB 415 NHTSA; urge amendment of miles per gallon levels ....................................................SR 340
MOTOR VEHICLE ACCIDENT INSURANCE Annual reports of insurers...............................................................................................HB 1387 Cancellation .......................................................................................................................HB 1426 Counties and municipalities; joint self-insurance programs .........................................SB 369 Driving without proof; license suspension ....................................................................HB 1954 Effective date of coverage ...............................................................................................HB 1506 Emergency medical services; municipalities and counties .........................................HB 1526 Failure to comply; penalty .................................................................................................SB 390 Governor's No-Fault Insurance Review Commission; create.......................................HR 641 Insurance companies; liability reports..............................................................................SB 384 Lack of proof; submit license..........................................................................................HB 1505 Liability insurance; one-year minimum coverage ........................................................HB 1504 Motor vehicle sales; proof of insurance.........................................................................HB 1947 Operating without insurance; penalty ...........................................................................HB 1432 Towing and storage charges; certain policies .................................................................HB 364
MOTOR VEHICLES AND TRAFFIC Alcoholic beverage; consumption while driving .............................................................HB 414 Alcoholic beverage; consumption while driving .............................................................HB 489 Alcoholic beverage; possession; prohibitions ................................................................HB 1707 Antique automobiles; taxation - CA................................................................................HR 936 Automobile warranties; requirement .............................................................................HB 1126 Certificate of title; amend certain requirements .........................................................HB 1335 Certificate of title; cancellation of certain vehicles.........................................................HB 66 Certificate of title; certain vehicles; emission standards ............................................HB 1974 Certificate of Title; notify GBI; certain designations .....................................................HB 54 Certificate of title; transfer by probate judge .................................................................SB 331 Child restraint; exceptions ................................................................................................HB 690 Conditional driver's license; minors; waive certain requirements...............................HB 360 Conditional driver's license; suspension; limited permit ..............................................HB 382 Counties and municipalities; joint self-insurance programs .........................................SB 369 Defensive driving course; fee ..............................................................................................HB 57 Distinctive driver's licenses; age requirement ..................................................................HB 17 Dr. W. K. Smith Highway; designate...............................................................................SR 339 Driver education motor vehicle; ad valorem tax; definition .........................................SB 474 Driver training schools; license renewal ........................................................................HB 1423 Drivers' license; driving during suspension; penalty ......................................................SB 389 Driver's license; examination for renewal ........................................................................SB 320 Driver's license; facial photograph.....................................................................................HB 19 Driver's license; habitual violator status; moving violations......................................HB 1917 Drivers' license; issuance; amend provisions ................................................................HB 1541 Driver's license; record; access by certain persons ...........................................................SB 45 Driver's license; suspension; certain conviction; probation..........................................HB 359 Driver's license; suspension; foreign judgments.............................................................HB 545

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INDEX

2705

MOTOR VEHICLES AND TRAFFIC (Continued) Driver's license; unlawful use; contraband .....................................................................HB 932 Driving under the influence; accidents; serious injuries; penalty ...............................HB 496 Driving under the influence; arrest; releasing impounded vehicle..............................HB 146 Driving under the influence; bail prohibitions...............................................................HB 792 Driving under the influence; bail prohibitions................................................................SB 122 Driving under the influence; chemical tests; admissibility ........................................HB 1021 Driving under the influence; conviction; distinctive markings on vehicle .........................................................................................................................HR 744 Driving under the influence; municipal courts; jurisdiction......................................HB 1472 Driving under the influence; nolo contendere plea........................................................SB 462 Driving under the influence; nolo contendere plea; requirements.................................SB 33 Driving under the influence; nolo contendere; unacceptable plea............................HB 1706 Driving under the influence; penalty.............................................................................HB 1831 Driving under the influence; penalty provisions............................................................HB 706 Driving under the influence; second driver's license suspension; alcohol education program ...............................................................................................SB 29 Driving under the influence; treatment, prevention, and education; portion of fine or forfeiture - CA..............................................................HR 296 Education; alcohol and drug course; amend provisions.................................................SB 441 Emergency medical services systems; additional fees.................................................HB 1578 Emergency medical vehicles; flashing or revolving red lights .....................................HB 455 Emission inspection stations; fees..................................................................................HB 1321 Emission inspection; driving without certificate; local jurisdiction..........................HB 1313 Emission inspection; exclude 11 year-old vehicles......................................................HB 1254 Emission inspection; fees...................................................................................................HB 336 Emission inspections; certain new motor vehicles.......................................................HB 1377 Emission verification form; requirement......................................................................HB 1183 Firefighter applicant; driving record disclosure..............................................................SB 392 Flashing signals; below speed limits ................................................................................HB 169 Flat-bed carriers; length of trailers ..................................................................................HB 376 Flat-bed carriers; length of trailers..................................................................................HB 591 Fort Valley State College; special license plates ............................................................SB 423 Fuel economy standards; urge amendment by National Highway Traffic Safety Administration......................................................................HR 680 Governor's No-Fault Insurance Review Commission; create.......................................HR 641 Habitual offender; driver's license suspension; notice................................................HB 1525 Handicapped parking; special enforcement unit............................................................SB 343 Highways; length and load of vehicles; certain permits .............................................HB 1301 Highways; modular or sectional housing; permit.........................................................HB 1382 Highways; projecting loads; lights or flags......................................................................HB 201 Highways; vehicle carriers; height and length..............................................................HB 1304 Highways; vehicles transporting boats; length .............................................................HB 1305 Highways; vehicles transporting cargo to ports; special permits ..............................HB 1309 Highways; vehicles transporting petroleum; certain weight exemptions.................HB 1308 Highways; vehicles transporting redi-mix concrete; weight.......................................HB 1311 Highways; weight and load of vehicles............................................................................HB 122 Highways; weight and load of vehicles..........................................................................HB 1310 Highways; weight and load of vehicles; certain permits...............................................HB 232 Highways; weight and load of vehicles; county roads.................................................HB 1306 Highways; weight and load of vehicles; date................................................................HB 1312 Highways; weight and load of vehicles; permits; fees.................................................HB 1303
Highways; weight and load of vehicles; special permits.............................................HB 1302
Highways; width of vehicle; tandem axle......................................................................HB 1307
Homicide by vehicle; driver's license suspension.........................................................HB 1708
Homicide by vehicle; punishment......................................................................................HB 63
Homicide by vehicle; seizure of vehicle.........................................................................HB 1709

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2706

INDEX

MOTOR VEHICLES AND TRAFFIC (Continued) Income tax; motor carrier operating authorities............................................................HB 718 Insurance risks; agreements among certain insurers......................................................SB 553 Insurance; cancellation........................................................................-.--.-..-..........--.-.-..-.HB 1426 Insurance; driving without proof; license suspension..................................................HB 1954 Insurance; effective date of coverage..............................................---................--HB 1506 Insurance; law enforcement officers; certain accidents..--........................------....--SB 447 Insurance; reduce benefits; certain health plans ...........................................................HB 276 Insurance; submit driver's license for lack of proof ....................................................HB 1505 Insurance; towing and storage charges; certain policies ...............................................HB 364 Juvenile courts; minors; jurisdiction................................................................................HB 540
Juvenile proceedings; certain traffic and waterways offenses; jurisdiction......................................................................................------------SB 351
Law enforcement vehicles; flashing lights; restrictions........----...............................HB 1256 Law enforcement; marking on vehicles........--..--..................----.................................HB 466 Liability insurance; certain contracts; prohibitions.....................................................HB 1503 Liability insurance; one-year minimum coverage..........................................------..HB 1504 License plates; check for fees; make payable to office.................................................HB 143 License plates; county name decals; amateur radio operators ..................................HB 1357 License plates; penalty for issuing bad check........................------------------HB 1639 License plates; prisoners of war; definition...............................................--------------HB 79 License plates; prorated registration fee............................-...-...--.......----..--------.HB 286 License plates; staggered registration..............................................................................HB 401 License plates; staggered registration.........----------------..................................HB 1317 Merchants' parking area; certain criminal trespass........................--........................HB 1433 Moped; definitions................................................................................-......----.------.HB 2076 Morehouse College; special license plates...............................................------..------.SB 484 Motor carriers; intrastate transportation; amend provisions...........--------------HB 1487
Motor carriers; sand, gravel and rock products; rates for transporting...........----...............--............................................................HB 1617
Motor Transit Load Limitation Study Committee; create----------------------HR 328 Motor vehicle financial responsibility; self-insurer; amend.....--...--..------........... HB 1657 Motor Vehicle License Plate Transfer Study Committee; create----------------HR 466 Motor Vehicle Taxation Study Committee; create...........--...............................----HR 589 Motorcycle operator safety course; amend provisions...........................--------------SB 477
National Highway Traffic Safety Administration; urge amendment of MPG levels..............................................--------------.....------..SR 340
Operating without insurance; penalty...................................--.------------...............HB 1432 Pedestrians under the influence; traffic offense...............----.------..............----.----HB 117 Penal institutions; transporting detainees; requirements----------------............HB 1410 Premium finance company; cancellation of insurance.------------.........................HB 1393 Prisoner of War; ad valorem tax exemption...............--....................----.------........HB 1106 Private property; uniform rules of road; enforcement.------------------..........------SB 417 Probate court of certain counties; appellate practice;
right of jury trials...................--.................--....--.......--..--....------............--......HB 1367 Prorated registration fee..........................-......................................------.------.......... HB 400 Public Service Commission; certain debt approval; exempt motor carriers......--.--SB 496 Sales; proof of insurance....................................................................-...-.--.----------HB 1947 Savannah State College; special license plates....................................--------------SB 424 School bus drivers; minimum salary...........................------.--.--....------.......HB 1662 School buses; authority for certain use-.......................------------.--....--........... HB 1560 School buses; exhaust system; requirements--.............----.----------.........------.HB 1463
School buses; reports of vehicles passing; hearings.......................----------.----.HB 1347
School crossings; safety provisions...........................................--...............------------HB 65
Seat belts; encourage use.......-..............--...--.......-..................------------.---.-----HR 637
Seat belts; requirement--.-................................................-.......-.-.....-........----------HB 38
Semi-trailers; length..........................................---.....-...-.........................------------HB 1605

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INDEX

2707

MOTOR VEHICLES AND TRAFFIC (Continued) Special license plates; Board of Regents.......................................................................HB 1601 Special license plates; certified firefighter; issuance ...................................................HB 1212 Special license plates; deceased Prisoner of War; spouse's eligibility ......................HB 1105 Special license plates; Georgia Southern, West Georgia, and Albany State Colleges ..........................................................................................HB 1444 Special license plates; Georgia State University and Morris Brown College ..................................................................................................HB 1384 Special license plates; Valdosta State College .............................................................HB 1893 Special license plates; Wesleyan College; commemorate founding...........................HB 1258 Special license plates; Young Harris College; commemorate founding.......................SB 293 Speed limits; maximum ......................................................................................................SB 453 Staggered registration; certain counties ..........................................................................HB 287 Stolen vehicles; proof of ownership; return.....................................................................SB 135 Tire covers; requirement....................................................................................................HB 534 Towing requirements............................................................................................................HB 70 Traffic citation; failure to respond; license suspension ................................................HB 179 Traffic citations; failure to respond; reinstatement of license .....................................SB 551 Traffic citations; license suspension in lieu of bail; reinstatement..............................SB 552 Traffic offenses; challenging conviction ........................................................................HB 1351 Traffic offenses; conviction record; forwarding fee .....................................................HB 1602 Traffic offenses; municipality collect fines ...................................................................HB 1241 Transporting hay bales; weight limits ...........................................................................HB 1066 Trucks and tractors; display name; certain exceptions ................................................HB 555 Trucks or tractors; name displayed.................................................................................HB 203 Trucks; suspension system; certain prohibitions .........................................................HB 1257 Uniform rules of the road; amend provisions ................................................................HB 571 Uniform rules of the road; amend provisions ...................................................................SB 89 Uninsured motor vehicles; available coverages ...............................................................SB 341 University of Georgia; special license plates ................................................................HB 1500 Used Motor Vehicle Dismantlers and Rebuilders; out-of-state buyer .....................HB 1610 Vintage license plates; historical vehicles .......................................................................HB 619 Wreckers; light requirements.............................................................................................SB 463
MOULTRIE, CITY OF; corporate limits .....................................................................HB 1827
MOUNTAIN JUDICIAL CIRCUIT Investigator; compensation..............................................................................................HB 2009 Terms of court .....................................................................................................................SB 539
MOUNTVILLE COMMUNITY Mountville Water Authority; amend provisions ..........................................................HB 1222 Mountville Water Authority; amend provisions ..........................................................HB 2045
MOVIES; videotapes; transfers or production; prohibitions........................................HB 1723
MUNICIPALITIES (Also, see Local Governments or named Municipality) Airport; commission study noise control.......................................................................HB 1203 Alcoholic beverages; sales by drink; certain municipalities .......................................HB 1579 Annexation; additional method ........................................................................................HB 410 Annexation; certain municipalities; limitations ..............................................................SB 380 Annexation; independent school systems ........................................................................SB 328 Annexation; municipal corporations; 100% of landowners...........................................SB 150 Annexation; municipalities having independent school systems; amend provisions ..........................................................................................................HB 1697 Area Planning and Development Commission; certain members election ..............HB 1118 Atlanta, City of; contracts; certain redevelopment areas ..............................................SB 583 Boards of education; communication council; establish .................................................HB 98 Boards of education; disciplinary matters; appeals.....................................................HB 1276

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2708

INDEX

MUNICIPALITIES (Also, see Local Governments or named Municipality) (Continued) Boards of education; organization; provide by local law..............................................HB 859 Boards of education; parties right to appeal decision ...................................................SB 416 Boards of education; self-insurers; liability insurance................................................HB 1553 Boards of education, election; school superintendents, appointment - CA...............HR 331 Branch banking; limited purpose bank; define..............................................................HB 279 Branch banking; metropolitan statistical area; define .....................................................SB 65 Business license; restrictions.............................................................................................HB 154 Cable television systems; franchise license......................................................................SB 300 Centerville, City of; redevelopment; authorization......................................................HB 1967 Community development block grant funds; urge Congress oppose deferral...........HR 706 Controlled substances; forfeited property; annual report ..........................................HB 1365 County or municipal jail; incur debt for building - CA..................................................HR 14 Counties and municipalities; contracts for water or sewage facilities - CA................................................................................................HR 416 Counties and municipalities; joint self-insurance programs .........................................SB 369 Counties and municipalities; urban enterprise zones - CA..........................................HR 118 County tax; municipal downtown development; financial assistance.......................HB 2002 Development authorities; office building facilities; description ................................HB 1007 Development districts; ad valorem tax exemption - CA..............................................HR 718 Distilled spirits; unlawful transportation; seizure ..........................................................SB 356 Education; school security personnel; powers ................................................................HB 568 Elections; financial disclosure; contributions and expenditures................................HB 1339 Elections; indicate incumbent on ballot..........................................................................HB 379 Emergency medical services; certain immunity ...........................................................HB 1526 Eminent domain; certain prohibitions - CA....................................................................SR 358 Emission inspection; driving without certificate; local jurisdiction ..........................HB 1313 Failure to observe Martin Luther King holiday; prohibit grant of state funds.......................................................................................HB 1157 Financial statements; filing .............................................................................................HB 1498 Handicapped parking; special enforcement unit............................................................SB 343 Health improvement programs; urge establishment by State Board of Education..............................................................................................HR 810 Highways; private driveways; delete certain prohibitions ............................................HB 797 Highways; unincorporated communities; erect sign......................................................HR 693 Hospital authorities; audits; filing requirements .........................................................HB 1355 Hospital authorities; sale or lease of project; referendum ..............................................SB 56 House Study Committee on Municipal Courts; create.................................................HR 708 Housing authorities; number of commissioners.............................................................HB 243 Housing discrimination; ordinances...............................................................................HB 1585 Immunity from liability ...................................................................................................HB 1471 Income tax information; furnish to finance official....................................................HB 1240 Investments in certain financial institutions................................................................HB 1876 Jail officer; training course; requirement.........................................................................SB 451 Joint Land Use Planning Procedures Study Committee; create ................................HR 239 Land covenants; time limitations.....................................................................................HB 127 Land Use Planning Procedures Study Committee; create...........................................HR 332 Law Enforcement Officers' Rules and Procedures Act; enact.....................................HB 812 Limit funding for certain services..................................................................................HB 1649 Local boards of education; teachers and principals; assignments.............................HB 1965 Local government audits; amend provisions ...................................................................SB 228 Local government audits; comply with federal requirements......................................HB 858
Local government investment pool; approved uses.....................................................HB 1349
Local governmental reorganization; General Assembly's authority..........................HB 1572
Magistrate courts; contract to serve in municipal courts...........................................HB 1477
Marietta, City of; de-annex certain property..................................................................SB 452
Mayors and municipal officers and employees; recognize............................................HR 550

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INDEX

2709

MUNICIPALITIES (Also, see Local Governments or named Municipality) (Continued) Metropolitan rivers; environmental protection; requirement.......................................SB 317 Municipal court judges; residency requirements ...........................................................HB 241 Municipal court; establish ...............................................................................................HB 1476 Municipal courts; driving under the influence; jurisdiction ......................................HB 1472 Municipal courts; jurisdiction; shoplifting......................................................................HB 458 Municipal courts; theft by shoplifting.............................................................................HB 459 Municipal governing authority; members' terms................................................................SB 3 Nuisances; immunity against actions.............................................................................HB 1741 Nuisances; repair or close certain buildings ....................................................................SB 377 Occupational tax; auctioning; certain limitations........................................................HB 1716 Planning and zoning powers - CA....................................................................................HR 571 Proposed development districts; ad valorem tax exemption.....................................HB 1783 Public authorities; certain prohibitions - CA.................................................................HR 662 Public facilities; voter approval - CA.................................................................................SR 92 Public officers; oath of office.............................................................................................SB 347 Public officials and employees; liability insurance; amend provisions........................SB 440 Public retirement systems; certain crimes; restrict membership ................................HB 258 Public retirement systems; membership; certain prohibitions....................................HB 426 Railroads; condemnation.................................................................................................HB 1371 Regional public projects; Area Planning and Development Commission serve as coordinating agent...................................................................HB 1293 Retirement systems; investments...................................................................................HB 1684 School superintendents; qualifications ............................................................................HB 328 Short-term debt; taxable property - CA............................................................................SR 12 Short-term indebtedness ......................................................................................................SB 28 Special sales tax; certain water and sewer projects.....................................................HB 1243 Taxation and license fees; transfer schedule................................................................HB 1734 Taxes and license fees; illegal collection; time limit on claim for refund ............................................................................................................HB 1543 Tennessee Valley Authority; payments to local governments; formula ...................HB 2066 Traffic offenses; collect fines ..........................................................................................HB 1241 Trains; speed limits............................................................................................................HB 700 Urban enterprise zones; provide.......................................................................................HB 642 Urban redevelopment; rent suspension; escrow ...........................................................HB 1436 Water or sewage facilities; Georgia Development Authority finance - CA ...............HR 363 Workers' compensation self-insurance fund; participation........................................HB 1482 Zoning Procedures Law for Metropolitan Counties; provide.......................................HB 715 Zoning Procedures Law; amend provisions ..................................................................HB 1141 Zoning proceedings; liability for participation.............................................................HB 1389
MURPHY, BILL; commend..............................................................................................HR 939
MURRAH, WILLIAM MADISON; condolences ........................................................HR 807
MUSCOGEE COUNTY Ad valorem tax; extend Constitutional Amendment ....................................................HB 526 Certain funds; extend Constitutional Amendment .......................................................HB 521 Certain tax exemption; extend Constitutional Amendment ........................................HB 524 Certain tax exemption; extend Constitutional Amendment ........................................HB 528 Chattahoochee Judicial Circuit; assistant district attorneys; provide ......................HB 1457 Columbus-Muscogee County Port Development Commission; extend Constitutional Amendment ..............................................................................HB 516 Columbus-Muscogee County; consolidation; extend Constitutional Amendment...........................................................................................HB 518 Columbus-Muscogee County; school district; extend Constitutional Amendment ...........................................................................................HB 510 Ethics violations................................................................................................................HB 1651

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2710

INDEX

MUSCOGEE COUNTY (Continued) Health department; extend Constitutional Amendment..............................................HB 513 Homestead exemptions; extend Constitutional Amendment.......................................HB 525 Industrial development authority; extend Constitutional Amendment.....................HB 517 Motor vehicle registration ...............................................................................................HB 1851 Revenue bonds; extend Constitutional Amendment.....................................................HB 522 School board election; referendum ...................................................................................SB 175 School district; museumg.................................................................................................HB 1291 School district; tax exemption; extend Constitutional Amendment...........................HB 523 School superintendent; certain contracts......................................................................HB 1292
MUSIC Atlanta Symphony Orchestra; commend ........................................................................HR 946 Georgia Council for the Arts; redesignation....................................................................SB 428 Videotapes; transfers or reproduction; prohibitions....................................................HB 1723
MYRICK, DAVID J.; compensate...................................................................................HR 592

N
NAIL, WYMAN, JR. AND RHONDA; compensate ..................................................HR 593
NALE, THOMAS ALLEN; commend ............................................................................HR 963
NARCOTICS (See Drugs and Drug Dependency and Abuse)
NASH, BELINDA; urge Gwinnett fund-raiser ..............................................................HR 989
NASH, BOB; commend.......................................................................................................HR 920
NATIONAL GUARD Certain educational loans; eligibility .............................................................................HB 1446 Emergency Management Division; Department of Defense; executive director............................................................................................................HB 693 Organized militia; officers; occupy certain positions...................................................HB 1100 State Defense Force; name changed ................................................................................HB 565
NATIONAL SALUTE TO HOSPITALIZED VETERANS; commend VA .......HR 725
NATURAL RESOURCES (See Conservation and Natural Resources)
NELSON, WILLIE;commend..........................................................................................HR 943
NETTLES, M.C.;compensate............................................................................................HR 689
NEWTON COUNTY Amusement or sporting activities; excise tax; extend Constitutional Amendment .........................................................................................HB 1701 Board of commissioners; power; extend Constitutional Amendment.......................HB 1703 Board of education; chairman's election .......................................................................HB 1660 Certain districts; levy taxes; extend Constitutional Amendment.............................HB 1704 Tax bills; time for payment; extend Constitutional Amendment .............................HB 1702
NEWTON, LOUIE DEVOTIE; place portrait in State Capitol ................................HR 720
NO-FAULT INSURANCE (See Insurance or Motor Vehicles and Traffic)
NONPROFIT CORPORATIONS Lotteries; authorization....................................................................................................HB 1164
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INDEX

2711

NONPROFIT CORPORATIONS (Continued) Lotteries; charitable organizations; provide - CA............................................................HR 19 Lotteries; provide for operation - CA..............................................................................HR 463
NONRESIDENTS Auctioneers; licenaing.........................................................................................................HB 847 Hunting and fishing license; elderly persons................................................................HB 1574 Mail-order insurance business; advertisements..............................................................HB 272 Sales tax exemption; boats................................................................................................HB 884 Used Motor Vehicle Dismantlers and Rebuilders; out-of-state buyer .....................HB 1610
NORTHEASTERN JUDICIAL CIRCUIT; add judge..............................................SB 186
NOTARIES PUBLIC Amend provisions .............................................................................................................HB 1170 Delete date requirement..................................................................................................HB 1268 Dispossessory warrant; requirement ..............................................................................HB 1275 Notarial acts; change requirements ...............................................................................HB 1283 Notaries Public Study Committee.....................................................................................HR 16 Wills; attest to validity .......................................................................................................SB 310 Wills; witness appear........................................................................................................HB 1681
NUISANCES Actions against municipalities; immunity .....................................................................HB 1741 Repair or close certain buildings.......................................................................................SB 377
NUNEZ, CITY OF; incorporate ......................................................................................HB 1945
NURSES; health insurance; reimbursement for certain services...................................SB 381
NURSING HOMES Accommodations; certain requirements ........................................................................HB 1330 Certificate of need; certain exemption ..........................................................................HB 1192 Liens; treatment of injured person ...................................................................................SB 456 Long-term care facilities; civil liability; amend provisions ........................................HB 1583 Long-term care facilities; covered entranceway.............................................................HB 573 State Board of Nursing Home Administrators; amend provisions ...........................HB 1177
NUTRA SWEET COMPANY; commend......................................................................HR 695

o

OATH OFOFFICE...................................................................................................Pages 6, 1268
OCONEE COUNTY Abolish treasurer's office .................................................................................................HB 1511 Board of education; election; extend Constitutional Amendment ............................HB 1587 Oconee Utility Authority .................................................................................................HB 1512
OFFENDER REHABILITATION, DEPARTMENT OF (Also, see Penal Institutions) Correctional Industries Authority; create .......................................................................HB 490 County Probation System; merge with state; employee benefits................................HB 308 Death penalty; lethal intravenous infusion.....................................................................HB 848 Diversion Centers and Halfway Houses Study Committee; create.............................HR 329 Diversion centers; placement restrictions .......................................................................HB 283
OGLETHORPE COUNTY Board of commissioners; create......................................................................................HB 1168
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2712

INDEX

OGLETHORPE COUNTY (Continued) Board of education; districts...........................................................................................HB 1166 Development authority; extend Constitutional Amendment.....................................HB 1391
OPIE, BRENDA G. 1986 Georgia Teacher of the year; commend.................................................................HR 825 1986 Georgia Teacher of the year; invite to House.......................................................HR 824
ORR, MARION E.; commend ...........................................................................................HR 674
OSMENT, REVEREND TAYLOR LEE; recognize...................................................HR 874
OTTO, KEVIN; commend ..................................................................................................HR 503
OVERBY, HUGH O., JR.; condolences ..........................................................................HR 583
OWENS, JAMIE; commend ..............................................................................................HR 537
OWENS, VERA NELLE YOUNG; commend..............................................................HR 618

PALMER, MICKEY; compensate....................................................................................HR 570
PARDONS AND PAROLES Certain drug activities; prohibitions - CA ......................................................................HR 763 Certain life sentences; prohibitions................................................................................HB 1882 Murder; life sentence; prohibit parole - CA......................................................................SR 83 Notification of parole.........................................................................................................HB 219 Pardons and Paroles, State Board of; members' election - CA ..................................HR 237 Reprieves, pardons and paroles, commuting penalties, suspending death sentences; General Assembly provide by law - CA........................................HR 444 State Board; elect members ..............................................................................................HR 272 Victims of crime; allocation of compensation - CA..........................................................SR 22
PARENT AND CHILD Abortions; certain minors or incompetent persons; notices .........................................HB 310 Adopted persons; access to certain records ..................................................................HB 1992 Adoption; foreign children; termination of parental rights........................................HB 1211 Alcoholic beverages; consumption in home; underage person ...................................HB 1532 Alimony; permanent judgments; modifications ..............................................................SB 445 Birth certificate; father's signature................................................................................HB 1475 Child Abuse Action Fund; establish..............................................................................HB 1107 Child Abuse Study Committee; create ............................................................................HR 169 Child abuse; admissible evidence .......................................................................................HB 18 Child abuse; evidence; confidentiality .............................................................................HB 383 Child abuse; reporting requirements .............................................................................HB 1092 Child custody cases; court jurisdiction............................................................................HB 499 Child custody cases; outside investigations ..................................................................HB 1694 Child custody; age of child to select parent ...................................................................HB 315 Child custody; appeals; application ...............................................................................HB 1150 Child custody; grandparents; visitation rights .............................................................HB 1643 Child custody; home investigations; contested cases....................................................HB 444 Child custody; interviews with child................................................................................HB 445 Child Custody; notify court of change in residence ....................................................HB 1200 Child custody; parental agreement ..................................................................................HB 377 Child custody; rights of child; age ...................................................................................HB 246
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2713

PARENT AND CHILD (Continued) Child custody; shared parental responsibility ................................................................HB 424 Child custody; shared parental responsibility ................................................................HB 699 Child custody; visitation rights.......................................................................................HB 1266 Child custody; visitation rights.......................................................................................HB 1551 Child support cases; county of residence - CA ..............................................................HR 667 Child support programs; urge Judicial Council to study .............................................HR 736 Child-care agencies; residents; emergency relocation..................................................HB 1262 Children's Services Commissions; create ......................................................................HB 1148 Estates; year's support; determination of appraiser; eliminate...................................HB 908 Grandparents; visitation rights.........................................................................................HB 892 Grandparents; visitation rights..........................................................................................SB 395 Income tax credits; child care and household and dependent care expenses...............................................................................................HB 765 Income tax refunds; setoff collections; claimant agencies..........................................HB 1108 Interference with child custody; violating visitation rights period...........................HB 1794 Interference with custody; penalty for crime .................................................................HB 500 Mentally retarded persons; transfer custody..................................................................HB 207 Missing Children Information Center; create ..............................................................HB 1263 Motor vehicles; child restraint; exceptions .....................................................................HB 690 Parental rights; termination..............................................................................................HB 175 State Children's Trust Fund Commission; establish .....................................................SB 413 State Children's Trust Fund; create - CA.......................................................................SR 330
PARENT-TEACHER ASSOCIATION; commend; designate 2/18/86 PTA Day..............................................................................................HR 598
PARI-MUTUEL WAGERING; certain counties - CA................................................HR 108
PARKS, HISTORIC AREAS AND COMMEMORATIONS Ad valorem tax; historic district; assessment - CA.......................................................HR 479 Commemorative stamp; Courthouse Museum in Cleveland, Georgia ........................HR 846 Economic Development Through Historic Preservation Study Committee; create...........................................................................................................HR 852 Fees; discount for elderly ................................................................................................HB 1318 Georgia Recreation and Park Society; commend..........................................................HR 713 Historic areas; preservation and promotion ....................................................................SB 411 Historic Savannah District; ad valorem tax; freeze certain assessments.................HB 1434 Hunting or trapping; written approval..........................................................................HB 1325 Park facilities; urge reduced prices for senior citizens .................................................HR 705 Presidential Library State Park; enabling law; enact.................................................HB 1060 Sapelo Island Heritage Authority; Hog Hammock Community................................HB 1938 Underwater salvage and archeology; certain items; state property ............................HB 326 Wigginton, Eliot; invite to House; Foxfire program; recognize...................................HR 747 Women's History Week; designate 3/2/86 ......................................................................HR 739
PARROTT, ROY LAWRENCE, JR.; invite to House ...............................................HR 522
PAUL ANDERSON YOUTH HOME; commend .......................................................HR 882
PAULDING COUNTY; school superintendent; appointment ..................................HB 1470
PEACE OFFICERS (See Law Enforcement Officers and Agencies)
PEACE OFFICERS ASSOCIATION; commend ........................................................HR 814
PEACE OFFICERS MEMORIAL DAY; recognize 5/15/86 .....................................HR 950
PEACE OFFICERS MEMORIAL WEEK; recognize................................................HR 745
PEACH COUNTY; water and sewerage authority; create..........................................HB 1944
PEARSON, CITY OF; Pearson-Sylvester railroad; protest closing............................HR 580

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2714

INDEX

PEBBLEBROOK HIGH SCHOOL MARCHING BAND; commend ..................HR 958
PECAN DEALERS AND PROCESSORS; certain record.....................................HB 1093
PELHAM, CITY OF Board of education; election requirement.....................................................................HB 2014 Mayor and council; election requirements....................................................................HB 2013
PENAL INSTITUTIONS Arrests; use of force..........................................................................................................HB 1363 Board of Corrections; members; reimbursement of expenses.......................................SB 437 Civil practice; pleading; required signature.....................................................................SB 385 Correctional institutions; deputize certain persons........................................................SB 436 Counties housing state prisoners; fee ............................................................................HB 1397 Criminal procedure; delete certain citizen posse provision..........................................HB 668 Criminal records purge; persons released without charge..........................................HB 1759 Death penalty; lethal intravenous infusion.....................................................................HB 848 Disparity in Sentencing Study Committee; create ..........................................................HR 85 Diversion Centers and Halfway Houses Study Committee; create.............................HR 329 Driver's license; habitual violator status; moving violations......................................HB 1917 Employees Retirement System; transfer juvenile detention service employees............................................................................................................HB 612 Felony cases; probation and fine....................................................................................HB 1906 Felony conviction; probation costs and fine.................................................................HB 1921 First Incarceration Penal Facility Study Committee; create .......................................HR 467 First offenders; record of exoneration ...........................................................................HB 1342 First offenders; sentencing; court review record.............................................................SB 442 Four percent sales tax; provide certain exemptions - CA............................................HR 595 Georgia Correctional Industries Authority; create ........................................................HB 490 Habeas corpus; felony inmate; notice not to appeal ...................................................HB 1279 Habeas corpus; judge hold proceeding at institution..................................................HB 1751 Habitual offender; driver's license suspension; notice ................................................HB 1525 Homicide by vehicle; punishment ......................................................................................HB 63 Jail officer; training course; requirement.........................................................................SB 451 Juvenile courts; capital crimes; jurisdiction ....................................................................SB 323 Law enforcement officer and prison guard; compensation; certain injuries .................................................................................................................SB 322 Law enforcement officers; discharging duty; prohibit interference ..........................HB 1320 Law enforcement officers; discharging duty; prohibit interference .............................SB 362 Mandela, Nelson and South African political prisoners; call for release...................HR 516 Murder; life sentence; prohibit parole - CA......................................................................SR 83 Offender Rehabilitation; diversion centers; placement restrictions............................HB 283 Pardons and paroles; certain drug activities; prohibitions - CA.................................HR 763 Pardons and paroles; certain life sentences; prohibitions ..........................................HB 1882 Pardons and paroles; notification of parole....................................................................HB 219 Pardons and Paroles, State Board of; elect members...................................................HR 272 Pardons and Paroles, State Board of; members' election - CA ..................................HR 237 Prisoners; actions against certain officials; forms...........................................................SB 460 Prisoners; emergency medical costs; payment..............................................................HB 1370 Prisoners; first offenders; treatment during confinement ............................................HB 831 Prisoners; income deductions for medical expenses....................................................HB 1638 Probation; suspended sentence; notice of change in residence .................................HB 1369 Reprieves, pardons and paroles, commuting penalties, suspending death sentences; General Assembly provide by law - CA........................................HR 444 South African political prisoners and detainees; call for release................................HR 502 Southern States Correctional Association; recognize on 17th Anniversary...............HR 544 State courts; pre-sentence report; provide copy to defendant .....................................SB 374 Suspended driver's license; certain conviction; probation............................................HB 359

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2715

PENAL INSTITUTIONS (Continued) Transporting detainees; requirements ...........................................................................HB 1410 Victims of crime; allocation of compensation - CA..........................................................SR 22
PENSIONS (See Retirement and Pensions)
PERDUE, GARLAND D., M.D.; commend ..................................................................HR 847
PERRY, CITY OF Industrial building authority; powers; extend Constitutional Amendment.............HB 1640 Redevelopment powers....................................................................................................HB 1641
PERRY, DAWN; Child Protection Legislation; commend effort ................................HR 928
PERRY, KEVIN; commend...............................................................................................HR 542
PERSONAL CARE HOMES Employee record checks ..................................................................................................HB 1420 Permits .................................................................................................................................HB 777
PERSONS, MRS. ALLENE; compensate......................................................................HR 513
PETERS, HONONORABLE PHIL; condolences .......................................................HR 684
PETERS, HONORABLE ROBERT G.; commend...................................................HR 1002
PETERSON, ANNIE M.; compensate............................................................................HR 567
PETROLEUM PRODUCTS (See Gas, Gasoline and Gas Service)
PHARMACISTS (See Prescription Drugs and Pharmacists or Professions and Businesses)
PHILLIPS, DONNA; commend...........................................................................-...........HR 969
PHILLIPS, EUGENE; commend.....................................................................................HR 504
PHILPOT, MR. AND MRS. HUGH; congratulations................................................HR 608
PHOTOGRAPHY Court proceedings; broadcast, televise, or record ..........................................................HB 796 Driver's license; facial photograph .....................................................................................HB 19 House photography staff; relative to...............................................................................HR 835 Sexual exploitation of child; reports by film processors ............................................HB 1194 Sexual exploitation of child; reports by film processors ............................................HB 1202 Sexual exploitation of child; reports by film processors .................................................SB 79
PHYSICAL THERAPISTS Disciplinary sanctions ........................................................................................................HB 180 Programs of treatment.......................................................................................................HB 329 State Board of; amend provisions..................................................................................HB 1175
PHYSICIANS AND OSTEOPATHS Blood donations; requirements .......................................................................................HB 1524 Breast cancer treatments; distribution of information.................................................HB 615 Certain insurers; annual reports.....................................................................................HB 1387 Controlled substances; duplicate certain prescriptions for Board of Medical Examiners ......................................................................................HB 1879 Correctional institutions; violent death of inmate; notify GBI....................................SB 217 Dispensing drugs; records................................................................................................HB 1159 Emergency medical services systems; amend provisions ...............................................SB 400 Georgia Medical Association; urge adoption of advice against routine circumcision .........................................................................................HR 884

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2716

INDEX

PHYSICIANS AND OSTEOPATHS (Continued) Insect stings; treatment with epinephrine...........................................................................SB 5 Health insurance; reimbursement; certain services ........................................................SB 381 Hospitals; freestanding clinics; regulations...................................................................HB 1468 Infantile autism; urge uniform definition.......................................................................HR 521 Medical equipment; prohibit certain type for circumcisions .....................................HB 2059 Medical information; confidentiality ...............................................................................HB 962 Medical malpractice cases; guardian ad litem; appointment........................................SB 459 Medical malpractice claims; investigation ....................................................................HB 1316 Midwifery; practice in certain medical facilities..........................................................HB 1479 Newborn infants; circumcision; informed consent.......................................................HB 2075 Physical therapy; programs of treatment .......................................................................HB 329 Post-mortem Exam; removal of pituitary glands ..........................................................HB 249 Prescription drugs; warning label, nutritional deficiencies ..........................................HB 972 Prisoners; income deductions for medical expenses....................................................HB 1638 Provisional license; extend time.......................................................................................HB 233 Radiologists; regulate .........................................................................................................HB 187 Regulation; amend provisions............................................................................................SB 497 Sale of human body parts; penalty...................................................................................SB 146 Workers' Compensation; employees select physician....................................................HB 435
PICKENS COUNTY; commissioner's compensation..................................................HB 1673
PIEDMONT JUDICIAL CIRCUIT Add judge.............................................................................................................................HB 356 Add judge..............................................................................................................................SB 264
PIKE COUNTY Probate court judge; nonpartisan election.......................................................................SB 141 Recreation authority; create...............................................................................................SB 591
PILOTS AND PILOTAGE; fees...................................................................................HB 1242
PLANNING (See Zoning)
PLANT, ANNE T.; commend ...........................................................................................HR 930
PLUNKETT, AVA FRANCES SEWELL; condolences............................................HR 698
POLK COUNTY Motor vehicle registration ...............................................................................................HB 1978 Tax commissioner; compensation......................................................................................SB 598
POLYGRAPH EXAMINERS; certain prohibitions .....................................................SB 329
POOLE, SCOTT; commend ...............................................................................................HR 558
POOLER, CITY OF; corporate limite............................................................................HB 2057
PORTS (See Waters, Ports and Watercraft)
POWDER SPRINGS, CITY OF Corporate limits ................................................................................................................HB 2072 Downtown development authority; extend Constitutional Amendment..................HB 1777
PRESCRIPTION DRUGS AND PHARMACISTS Controlled substances; duplicate certain prescriptions for Board of Medical Examiners ................................................................................HB 1879 Controlled substances; regulate drug samples..............................................................HB 1160 Insect stings; treatment with epinephrine...........................................................................SB 5 Insulin and insulin syringes; sales tax exemption .......................................................HB 1297 Joint Drug Classification Study Committee; create........................................................HR 86

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2717

PRESCRIPTION DRUGS AND PHARMACISTS (Continued) Out-of-state pharmacies; regulations.............................................................................HB 1576 Oxygen prescription; sales tax exemption.....................................................................HB 1165 Pharmacists; continuing education ..................................................................................HB 688 Pharmacists; continuing education; licensing..................................................................SB 267 Pharmacy interns; licensing ............................................................................................HB 1683 Physicians; dispensing drugs; records............................................................................HB 1159 Prescription drugs; warning label, nutritional deficiencies..........................................HB 972 Veterinarians; sales tax exemption on drugs................................................................HB 1678 Wholesale distribution or sales of drugs; regulation ......................................................SB 482
PRICE, BISHOP JOE; honor...........................................................................................HR 887
PRICE, REVEREND NELSON L.; recognize .............................................................HR 848
PRIMARIES (See Elections)
PRINTING AND DOCUMENTS; State Government; microform standards; amend provisions .................................................................................................................SB 352
PRISONS (See Penal Institutions)
PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESS; license; amend provisions ................................................................................................................HB 795
PROBATE COURTS Alias tax executions; issuance...........................................................................................HB 307 Certain traffic offenses; appeals; writ of certiorari......................................................HB 1367 Chief clerks; appointment ..................................................................................................SB 249 Game and Fish; code violations; jurisdiction ...............................................................HB 1842 Judge; chief clerk; fill vacancy in office ........................................................................HB 1246 Judge; compensation for serving as magistrate ................................................................SB 73 Judges and employees; liability insurance; provide coverage...........................................SB 2 Judges of Probate Courts Retirement Fund; increase benefits........................................SB 4 Judges; retirement; time for payments ............................................................................SB 342 Motor vehicle certificate of title; transfer by probate judge ........................................SB 331 Sheriffs; qualifications .......................................................................................................HB 344 Wills; acknowledgment of service...................................................................................HB 1324 Wills; probate in solemn form; beneficiaries.....................................................................SB 46 Wills; witness appear before notary public...................................................................HB 1681
PROBATION County probation systems; merge with state; employee benefits ...............................HB 308 Employees' Retirement; county probation system; options.........................................HB 422 Felony cases; probation and fine....................................................................................HB 1906 Felony conviction; probation costs and fine.................................................................HB 1921 First offenders; record of exoneration ...........................................................................HB 1342 Prisoners; first offenders; treatment during confinement............................................HB 831 Suspended driver's license; certain conviction ...............................................................HB 359 Suspended sentence; notice of change in residence ....................................................HB 1369
PROFESSIONS AND BUSINESSES Alcoholic beverages; consumption during pregnancy; post danger sign......................SB 376 Alcoholic beverages; retail consumption; price schedule..............................................HB 195 Alcoholic beverages; retail sales; minors on premises ...................................................HB 317 Animal Protection Act; provide......................................................................................HB 1346 Applied Psychology; education requirements.................................................................HB 826 Architects, Board of; membership..................................................................................HB 1295 Art; regulate sale of reproductions.................................................................................HB 1253 Asbestos Licensing Board; establish.................................................................................SB 409

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2718

INDEX

PROFESSIONS AND BUSINESSES (Continued) Attorneys; contingent fees; advertisement.......................................................................SB 570 Auctioneers; nonresidents; licensing ................................................................................HB 847 Auctioning; occupational tax; certain limitations ........................................................HB 1716 Barbers, State Board of; continuation...........................................................................HB 1219 Business license; restrictions.............................................................................................HB 154 Campground or marine membership; right to cancel ....................................................SB 433 Cemeteries; burial merchandise; amend provisions.....................................................HB 1460 Cemeteries; opening grave; fee for service ....................................................................HB 1542 Certain proprietary institutions; student incentive grants...........................................HB 732 Chiropractic schools and colleges; accreditation; amend provisions...........................HB 800 Chiropractors; education requirements ............................................................................SB 302 Chiropractors; scope of practice .......................................................................................HB 156 Closely held corporations; minority shareholder; certain actions .............................HB 1940 Cooperative associations; regulation ..............................................................................HB 1136 Corporate takeovers; repeal certain provisions ............................................................HB 1278 Corporations; articles of incorporation; publication of merger....................................HB 280 Corporations; income tax credit; library rental..............................................................HB 694 Corporations; mandatory cumulative voting of shares ..................................................SB 319 Cosmetologists; dangerous products; prohibit certain sales..........................................SB 366 Cosmetologists; services in location other than beauty salon ....................................HB 1927 Cosmetology, State Board of; amend provisions .........................................................HB 1173 County surveyors; licensing................................................................................................8B 348 "Grafted with Pride in USA" logos; urge use by textile manufacturers....................HR 752 Dance halls and roadhouses; inspections; certain exceptions ....................................HB 1359 Day care centers and personal care homes; record checks.........................................HB 1420 Dental hygienists; certain duties ....................................................................................HB 2048 Dental hygienists; Level II licensing..............................................................................HB 1687 Driver training schools; license renewal ........................................................................HB 1423 Electrologists, State Board of; create ............................................................................HB 1139 Examining boards; central file........................................................................................HB 1435 Examining boards; removal from office ........................................................................HB 1614 Food fish dealer; resident or nonresident; license ..........................................................SB 410 Funeral directors; prohibit service as coroner..............................................................HB 1486 Funeral services; sales tax ezemption............................................................................HB 1336 Gasoline marketing practices; retail sales.......................................................................HB 449 Gasoline marketing; below cost sales; liability ................................................................SB 415 Georgia Occupational Regulation Review Advisory Council; establish......................HB 850 Hair care and cosmetic products; prohibit certain sales ............................................HB 1181 Health Planning Agency; certificate of need; certain exemption..............................HB 1192 Hearing aids; sales tax exemption..................................................................................HB 1270 Improvements to certain residential structures; recover deficiency ...........................HB 738 Innkeepers; termination of occupancy; notice..............................................................HB 1375 Insurance Premium Finance Company Act; amend provisions.................................HB 1112 Intangible property; international insurance business; taxation ...............................HB 1196 Intangible tax; insurance business; foreign countries .................................................HB 1273 Land Sales Act; powers of the Real Estate Commission............................................HB 1343 Landscape Architects, Board of; amend provisions ....................................................HB 1236 Landscape Architects, Board of; continue .......................................................................SB 354 Locksmiths; licensing .......................................................................................................HB 1874 Massage, State Board of; establish ..................................................................................HB 476 Mechanics' and materialmen's liens; real estate appraisals.........................................HB 633
Medical malpractice claims; investigation ....................................................................HB 1316
Merchants' parking area; certain criminal trespass ....................................................HB 1433
Mortgage brokers and loan agents, solicitors; licensing..................................................HB 68
Nonmedical health care practitioners; licensing..........................................................HB 1121
Nursing Home Administrators, State Board of; amend provisions ..........................HB 1177

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2719

PROFESSIONS AND BUSINESSES (Continued) Office supply transactions; certain deceptive practices..............................................HB 1282 Out-of-state pharmacies; regulations.............................................................................HB 1576 Pari-mutuel wagering; certain counties - CA.................................................................HR 108 Pecan dealers; certain record ..........................................................................................HB 1093 Personal care homes; permits ...........................................................................................HB 777 Pharmacists; continuing education ..................................................................................HB 688 Pharmacists; continuing education; licensing..................................................................SB 267 Pharmacy interns; licensing ............................................................................................HB 1683 Physical therapists; disciplinary sanctions .....................................................................HB 180 Physical therapy; programs of treatment .......................................................................HB 329 Physical Therapy, State Board of; amend provisions.................................................HB 1175 Physicians and Osteopaths; regulation; amend provisions............................................SB 497 Physicians; provisional license; extend time...................................................................HB 233 Polygraph examination; certain prohibitions ..................................................................SB 329 Private detectives and private security agencies; license; amend provisions ............................................................................................................HB 795 Professional fund raisers and charitable organizations; fee.......................................HB 1438 Psychologists, State Board of Examiners; revise provisions ......................................HB 1176 Radiologists; regulate .........................................................................................................HB 187 Real estate salespersons; qualifications .........................................................................HB 1545 Real estate; foreclosure sales; advertisement ...................................................................HB 26 Registered Professional Sanitarians, Board of; termination ......................................HB 1174 Respiratory Care Practices Act; enact................................................................................SB 32 Seminars; false reason for holding; deceptive practice..................................................SB 326 Social work; license requirement....................................................................................HB 1042 Speech-Language Pathology and Audiology, State board of; enact ...........................HB 112 State examining boards; sanction businesses without licenses.....................................SB 368 Telephone Harassment Study Committee; create .........................................................HR 334 Telephone; automatic dialing; regulate .........................................................................HB 1218 Trademarks or service marks; wrongful manufacture; penalty ...................................HB 918 Uniform Partnership Act; suits against partners ........................................................HB 1229 Used car dealers; odometer alteration; license suspension.........................................HB 1358 Used Motor Vehicle Dismantlers and Rebuilders; out-of-state buyer .....................HB 1610 Utility Contractors; licensing ..........................................................................................HB 1041 Wholesale representatives; sales' contracts in writing...................................................SB 292
PROPERTY Abandoned wells; counties; authorization to cover ........................................................SB 421 Ad Valorem Property Taxation Study Committee; create ..........................................HR 325 Ad valorem tax assessment; resulting rate increase....................................................HB 1615 Ad valorem tax exemption; certain property ...............................................................HB 1658 Ad valorem tax returns; appeal notices; form................................................................HB 595 Ad valorem tax; certain agricultural improvements; exemption - CA .......................HR 709 Ad valorem tax; electric utilities; allocation .................................................................HB 1977 Ad valorem tax; homestead exemption .........................................................................HB 1676 Ad valorem tax; increased assessment; Fulton County ..............................................HB 1437 Ad valorem tax; mobile homes; designation ...................................................................HB 914 Ad valorem tax; rate increase resulting from assessment; certain counties .............................................................................................................HB 1616 Anatomical Gift Act; consent of certain persons............................................................SB 327 Anatomical gift; amend provisions.................................................................................HB 1334 Apartment complex; eligible housing units; certain persons .....................................HB 1839 Atlanta, City of; relative to slumlords.............................................................................HR 712 Boll weevil; eradication provisions.................................................................................HB 1682 Cemeteries; burial merchandise; amend provisions.....................................................HB 1460 Cemeteries; fee for opening grave ..................................................................................HB 1542 Coal pipeline companies; eminent domain .....................................................................HB 450

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2720

INDEX

PROPERTY (Continued) Condominiums; certain documents; preparation ............................................................SB 537 Counties and municipalities; eminent domain; certain prohibitions - CA.................SR 358 Counties and municipalities; land covenants; time limitations...................................HB 127 Counties and municipalities; urban enterprise zones - CA..........................................HR 118 Counties and municipalities; urban enterprise zones; provide ....................................HB 642 Counties; salt-water islands; zoning.................................................................................HB 911 County officials; conflicts of interest; property sales..................................................HB 1577 County tax officials; vacancies; interim appointments...............................................HB 1480 Criminal procedure; bond surety; property owner ......................................................HB 1558 Criminal trespassing; private property; weapons............................................................SB 212 Deeds to secure debt; cancellation...................................................................................HB 840 Deeds; master forms; record .............................................................................................HB 178 Dispossessory proceedings; landlord store personal property......................................HB 429 Dispossessory warrant; notary public sign affidavit....................................................HB 1275 Easements; effect of nonuse............................................................................................HB 1969 Elderly and disabled; homestead exemption................................................................HB 1179 Elderly and disabled; homestead exemption................................................................HB 1180 Eminent domain; costs of proceedings ..........................................................................HB 1793 Estates; administrators or executors; bond ....................................................................HB 966 Estates; appraisement of property; evidence...................................................................SB 208 Estates; partition ...............................................................................................................HB 363 Estates; tax exemption; investment...............................................................................HB 1149 Estates; tax exemption; investment..................................................................................SB 378 Estates; year's support; sale ................................................................................................HB 60 Fair access to insurance requirement; continuation....................................................HB 1538 Fish; unlawful to remove from waters of another ..........................................................SB 299 Forced entry; justified in protecting home.....................................................................HB 113 Foreclosure sales; advertisement ........................................................................................HB 26 Foreclosure sales; certain process...................................................................................HB 1456 Foreclosure; dispossessory proceedings; notice ...............................................................SB 476 Fuel for private residences; sales tax exemption .........................................................HB 1555 Georgia Ports Authority; property disposal; requirement.............................................SB 337 Governmental agencies; judicial actiong........................................................................HB 1742 Guardian and ward; estate plan; minimize taxes ..........................................................HB 493 Guardians; sale of ward's property ................................................................................HB 1571 Highways; private driveways; delete certain prohibitions............................................HB 797 Historic Savannah District; ad valorem tax; freeze certain assessments.................HB 1434 Homestead exemption; certain disabled veterans .........................................................HB 509 Hospitals and nursing homes; liens; treatment of injured person ...............................SB 456 Improvements to certain residential structures; recover deficiency ...........................HB 738 Income tax credit; property damage by wild deer.......................................................HB 1520 Income tax; credit for excessive ad valorem tax................................................................HB 9 Insurance; homeowner warranty agreements................................................................HB 1594 Intangible personal property; ad valorem tax exemption ............................................HB 922 Intangible property; certain tax exemption - CA............................................................HR 67 Intangible property; international insurance business; taxation ...............................HB 1196 Joint Land Use Planning Procedures Study Committee; create ................................HR 239 Joint tenancy; security interests; severance......................................................................HB 62 Land Sales Act; powers of the Real Estate Commission............................................HB 1343
Land Use Planning Procedures Study Committee; create...........................................HR 332
Landlord and tenant; removal of tenants' mobile home; writ of possession..........................................................................................................HB 1931
Landlord and tenant; replace locks for new tenant ....................................................HB 1875
Landlord and tenant; waterbed requirements ................................................................SB 492
Local option sales tax for educational purposes; property tax relief - CA.................................................................................................HR 279

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2721

PROPERTY (Continued) Mechanics' and materialmen's liens; cancellation provision........................................HB 213 Mechanics' and materialmen's liens; real estate appraisals.........................................HB 633 Minors; prohibit loitering in public places ...................................................................HB 1249 Mortgage Loan Company and Loan Broker Act; enact................................................HB 875 Mortgages; cancellation procedures; certain counties .................................................HB 1900 Motor Vehicle Taxation Study Committee; create .......................................................HR 589 Nuisances; repair or close certain buildings ....................................................................SB 377 Processioning of boundaries; certain counties.................................................................SB 325 Property and Casualty Insurance; cancellation provisions ........................................HB 1528 Property Damage By Deer Study Committee; create...................................................HR 715 Property tax relief; elderly - CA ..........................................................................................HR 9 Public sales; continuation without interruption ..........................................................HB 1496 Residential Finance Authority; amend provisions..........................................................SB 580 State Commission on Condemnation of Public Property; create..............................HB 1361 Street address; display numbers.........................................................................................HB 16 Tax digests; appeal.............................................................................................................HB 214 Tax execution; notify owner............................................................................................HB 1267 Tax executions; advertising costs ...................................................................................HB 1350 Tax returns; fraud; penalties ............................................................................................HB 845 Taxation; State Board of Equalization; abolish...........................................................HB 1715 Torts; using force against another ....................................................................................SB 489 Upson County; homestead exemption; disabled ............................................................HB 531 Zoning prohibitions; county officials having interest....................................................HB 618
PRUITT, GARY; condolences ...........................................................................................HR 615
PRUITT, LEDFORD B.; condolences ............................................................................HR 834
PSYCHOLOGISTS Applied psychology; education requirements .................................................................HB 826 State Board of Examiners; revise provisions................................................................HB 1176
PUBLIC BUILDINGS Culver Kidd Medical and Surgical Building; Joe T. Wood War Veteran's Home; designate.............................................................................................SR 361 Culver Kidd Medical and Surgical Building; recognize................................................HR 867 Georgia Bureau of Investigation; designate Phil Peters Building ..............................HR 470 Glass installation; hazardous locations..........................................................................HB 1490 Handicapped persons; access ...............................................................................................SB 20 Handicapped persons; access to public facilities; certain exemptions .......................HB 685 Henry L. Reaves Arena; designate...................................................................................HR 690 Legislators of the Year; plaque placed in Capitol ...........................................................HR 17 Newton, Louie DeVotie; place portrait in State Capitol..............................................HR 720 Public works contracts; certain counties.......................................................................HB 1340 Sam P. McGill Exhibition Building; designate..............................................................HR 691 Smoking in public places; prohibitions .........................................................................HB 2074 Smoking in state buildings; urge prohibition .................................................................HR 883
PUBLIC OFFICERS AND EMPLOYEES Administrative Services, Department of; Fiscal Division director; appointment.....................................................................................................HB 418 Bail bonds; certain officials; prohibitions ........................................................................SB 565 Board of Corrections; members; reimbursement of expenses.......................................SB 437 Boards of health; certain counties; unclassified personnel ........................................HB 1152 Campaign and financial disclosure report; certain date.............................................HB 1530 Campaigns; persons receiving certain compensation; prohibit activities ...................HB 717 Certain public officials; required duty hours ...............................................................HB 1484 Civil office; disabled individuals; employment preference.........................................HB 2047

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2722

INDEX

PUBLIC OFFICERS AND EMPLOYEES (Continued) Commission on Governmental Liability; re-create.........................................................SR 338 Compensation of certain state officials; amend.............................................................HB 585 Coroners; release records to other states ......................................................................HB 1329 Correctional institutions; violent death of inmate; notify GBI....................................SB 217 County commissioner; certain counties; minimum salary............................................HB 453 County officers; filing return; monies received and expended ..................................HB 1415 County officials; conflicts of interest; property sales..................................................HB 1577 Credit unions; secure funds...............................................................................................HB 648 Day-care center facilities; state employees......................................................................SB 306 Elections; financial disclosure; contributions and expenditures................................HB 1339 Employee hearing; representation..................................................................................HB 1600 Employees' retirement; certain military service credit .................................................HB 302 Employees' retirement; divorced retiree; options ............................................................HB 84 Employees' retirement; falsifying records; penalty .......................................................HB 296 Employees' retirement; maximum allowance; certain members................................HB 1205 Employees' retirement; provisions relating to spouse...................................................HB 332 Employment and financial disclosure form; file............................................................HB 492 Engaging in political activities; authorize........................................................................SB 305 Federal felony indictment; suspension ............................................................................HB 148 Federal grant programs; contract with other states.......................................................SB 429 Firemen; amend definition ..............................................................................................HB 1581 Funeral directors; prohibit service as coroner..............................................................HB 1486 General Assembly candidates; financial disclosure .....................................................HB 1286 General Assembly; assistant floor leaders; compensation ..........................................HB 1366 Governor's Private Sector Survey Committee on Cost Control in State Government; create ..........................................................................HR 398 Health Benefit Plan; itemized statement to employee...............................................HB 1337 Health insurance plan; certain non-prescription drugs ..............................................HB 1481 Indemnification; district attorneys killed or disabled while apprehending criminal - CA...............................................................................HR 445 Indemnification; law enforcement officers, firemen, and prison guards; permanent disability - CA...................................................................HR 644 Interdepartmental transfer................................................................................................HB 788 Judges; suspension from office; compensation - CA.....................................................HR 506 Law enforcement officer and prison guard; compensation; certain injuries .................................................................................................................SB 322 Legislative Retirement; creditable service; General Assembly members...................HB 396 Liability insurance; amend provisions..............................................................................SB 440 Medical examiner; establish office; certain counties...................................................HB 1485 Mileage allowance.............................................................................................................HB 1348 Notaries public; amend provisions.................................................................................HB 1170 Notaries public; change requirements ...........................................................................HB 1283 Notaries public; delete date requirement .....................................................................HB 1268 Post-mortem Exam; removal of pituitary glands ..........................................................HB 249 Prisoners; actions against certain officials; forms...........................................................SB 460 Public emergency medical technicians; indemnification - CA.......................................HR 69 Public office; determination of vacancy; procedure for resignation .........................HB 1501 Public officials; certain convictions; suspension from office......................................HB 1199 Public officials; federal felony indictment; suspension - CA.........................................HR 25 Public officials; federal felony indictment; suspend compensation ..........................HB 1287 Public officials; felony indictment; remove from office - CA.........................................SR 13
Public officials; oath of office............................................................................................SB 347
Public officials; suspension for felony indictment; compensation - CA.....................HR 505
Public retirement systems; certain crimes; restrict membership ................................HB 258
Public Service Commission; fees for operating costs ....................................................HB 138
Registered agents and employers; reports ....................................................................HB 1137

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INDEX

2723

PUBLIC OFFICERS AND EMPLOYEES (Continued) Retirement; accumulated leave.........................................................................................HB 158 Retirement; accumulated leave.........................................................................................HB 260 Retirement; accumulated leave.........................................................................................HB 394 Revenue commissioners; compensation ...........................................................................HB 883 School superintendents; qualifications - CA..................................................................HR 783 State auditor; election..........................,.............................................................................HR 458 State auditor; salary.........................................................................................................HB 1550 State Board of Education; expenses .................................................,...............................SB 427 State Chaplain and religious administrators; housing allowance................................HB 236 State Commission on Legislative Compensation; create ................................................HR 70 State employees; counseling; assistance program ...........................................................SB 418 State employees; sick leave .............................................................................................HB 1599 State officials; certain election; plurality vote - CA......................................................HR 501 State Personnel Board; review of rules ............................................................................SB 145 Transportation, Department of; certain employees; retirement age requirement ............................................................................................................HB 1674 U. S. Senators and Representatives; vary compensation; certain prohibitions ...........................................................................................................SR 14 Weapons; exemptions.....................................................................................................HB 572 Wills; notary public attest to validity ..............................................................................SB 310 Zoning prohibitions; county officials; property interest...............................................HB 618
PUBLIC PROPERTY Administrative Services, Department of; certain property; acquisition costs ............................................................................................................HB 1573 Atlanta-Chattanooga Railroad; terminate lease...............................................................HR 97 Baldwin County; lease certain property...........................................................................SR 357 Bibb County; grant easement ...........................................................................................HR 514 Brantley County; convey property...................................................................................HR 585 Brooks County; convey property......................................................................................HR 572 Cave Spring, City of; convey property.............................................................................SR 289 Certain industrial development bonds; urge disapproval.............................................HR 498 Cobb County; convey property .........................................................................................HR 178 Douglas County; grant easement......................................................................................HR 482 Effingham County; grant easement .................................................................................HR 566 Emanuel County; convey property ...................................................................................SR 322 Filing conveyances; amend provisions ...........................................................................HB 1888 Franklin County; bid for state property .........................................................................HR 587 Georgia Forestry Commission; transfer certain structure to Schley County ............................................................................................................HR 770 Grady County; convey property to City of Cairo ..........................................................HR 633 Hamilton County, Tennessee; convey property .............................................................HR 507 Lowndes County; convey property...................................................................................HR 586 Milledgeville, City of; convey property ..............................................................................SR 10 Milledgeville, City of; convey property ..............................................................................SR 96 Norfolk Southern Corporation; State Properties Commission; amend lease ............HR 512 Pulaski County; convey property .....................................................................................HR 519 State Commission on Condemnation of Public Property; create..............................HB 1361 Uncollectable debt; write-off provisions........................................................................HB 1536 Underwater salvage and archeology; certain items; state property ............................HB 326 Western and Atlantic Railroad; amend lease.................................................................HR 500
PUBLIC SAFETY, DEPARTMENT OF (Also, see Driver's License or Law Enforcement Officers and Agencies) Access to records; Human Resources ............................................................................HB 1388 Alcohol and drug safety course; minors; repeal certain provisions.............................HB 361 Conditional driver's license; minors; waive certain requirements...............................HB 360

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2724

INDEX

PUBLIC SAFETY, DEPARTMENT OF (Also, see Driver's License or Law Enforcement Officers and Agencies) (Continued) Driver's license; issuance; amend provisions................................................................HB 1541 Driver's license; record; access by certain persons ...........................................................SB 45 Driver's license; unlawful use; contraband .....................................................................HB 932 Fire department; definition...............................................................................................HB 638 Firefighter; transfer of certification.................................................................................HB 886 Fireworks; safety regulations ..........................................................................................HB 2015 Fireworks; regulate sales....................................................................................................HB 264 Homicide by vehicle; driver's license suspension..,......................................................HB 1708 Identification card; persons 20 years or younger; requirement ....................................SB 393 Law Enforcement Appreciation Day; recognize.............................................................HR 700 Law enforcement officers; discharging duty; prohibit interference..........................HB 1320 Law enforcement officers; discharging duty; prohibit interference.............................SB 362 Law Enforcement Officers' Rules and Procedures Act; enact.....................................HB 812 Law enforcement vehicles; flashing lights; restrictions...............................................HB 1256 Motorcycle operator safety course; amend provisions ...................................................SB 477 Peace officers; incentive pay; advanced levels of certification .....................................SB 544 Private property; uniform rules of road; enforcement...................................................SB 417 School buses; reports of vehicles passing; hearings.....................................................HB 1347 State Patrol Disciplinary Board; provisions ...................................................................HB 460 State Patrol; certain clothing allowance .......................................................................HB 1962 State Patrol; compensation for certain injuries ...........................................................HB 1322 State Patrol; designate cadets as peace officers ..........................................................HB 1843 State Patrol; interstate responsibility .............................................................................HB 176 State Patrol; mandatory retirement age..........................................................................SB 304 Traffic citations; failure to respond; reinstatement of license .....................................SB 551 Traffic citations; license suspension in lieu of bail; reinstatement..............................SB 552 Traffic offenses; challenging conviction........................................................................HB 1351
PUBLIC SCHOOL EMPLOYEES Health insurance plan for retirees - CA..........................................................................HR 125 Health insurance; provide for retirees - CA....................................................................SR 375 Retirement; continuation of benefits.............................................................................HB 1693 Retirement; increase benefits............................................................................................HB 849 Retirement; provisions relating to spouse.......................................................................HB 334 Retirement; 40 years service.............................................................................................HB 386
PUBLIC UTILITIES AND TRANSPORTATION Ad valorem tax returns; time limitation .......................................................................HB 1539 Ad valorem tax; electric utilities; allocation.................................................................HB 1977 Ad valorem tax; electric utilities; allocation - CA .........................................................HR 795 Atlanta-Chattanooga Railroad; terminate lease...............................................................HR 97 Brooks County; convey property......................................................................................HR 572 Cable television systems; franchise license......................................................................SB 300 Coal pipeline companies; eminent domain.....................................................................HB 450 Colonel Mancel Newman Bridge; designate ...................................................................HR 330 Consumers' Utility Counsel; abolishment........................................................................SB 346 Consumers' Utility Counsel; fees for operating costs....................................................HB 139 Consumers' Utility Counsel; operating costs; special fees..........................................HB 1230 Consumers' Utility Counsel; performance audit; repeal requirement ......................HB 1231 Directional signs on highways; University of Georgia ..................................................HR 238 Electric utility; new construction; certification of need...............................................HB 874 Electric utility; new construction; certification of need .............................................HB 1090 EMC; satellite television systems.....................................................................................HB 639 Emergency telephone number 911 systems; maintenance fees..................................HB 2003 Four percent sales tax; provide certain exemptions - CA............................................HR 595

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INDEX

2725

PUBLIC UTILITIES AND TRANSPORTATION (Continued) Fuel economy standards; urge amendment by National Highway Traffic Safety Administration......................................................................HR 680 Fuel for private residences; sales tax exemption .........................................................HB 1555 Gasoline marketing practices; retail sales.......................................................................HB 449 Gasoline marketing; below cost sales; liability................................................................SB 415 Highways; vehicles transporting petroleum; certain weight exemptions .................HB 1308 Income tax; motor carrier operating authorities............................................................HB 718 Invasion of privacy; automated telephone sales ............................................................HB 790 Joint House and Senate Utility Franchise Study Committee; create ........................HR 227 Joint Public Utility Rate-making Process Study Committee; create...........................HR 71 Mobile homes or manufactured housing; exclusion ......................................................HB 610 Motor carriers; intrastate transportation; amend provisions.....................................HB 1487 Motor carriers; sand, gravel and rock products; rates for transporting ...................................................................................................HB 1617 Motor Transit Load Limitation Study Committee; create ..........................................HR 328 Motor vehicles; tire covers; requirement.........................................................................HB 534 Nuclear generating plants; prudency determination......................................................SB 263 Peace Officers' Annuity and Benefit Fund; certain Public Service Commission employees; membership ................................................HB 505 Public Service Commission; certain debt approval; exempt motor carriers...............SB 496 Public Service Commission; ex parte communications; certain prohibitions ........................................................................................................HB 754 Public Service Commission; fees for operating costs ....................................................HB 138 Public Service Commission; fees for operating costs ....................................................HB 354 Publi'c service corporations and utilities; operating costs; special fees .....................................................................................................................HB 1232 Rail Abandonment Study Committee; create ................................................................HR 221 Railroad companies; special officers; time of employment ........................................HB 1323 Railroad or electric companies; certain injuries; change venue.................................HB 1216 Railroads; condemnation; counties and municipalities...............................................HB 1371 Railroads; underpass or overpass; public hearing..........................................................HB 123 Rate increase; restrictions .................................................................................................HB 137
Regulated telephone companies; services ..........................................................................SR 93 State contracts; progress payments; contractors..........................................................HB 1131 State Tollway Authority Law; amend provisions ........................................................HB 1713
State Tollway Authority Law; amend provisions ...........................................................SB 564 Taxation; State Board of Equalization; abolish...........................................................HB 1715
Telephone Harassment Study Committee; create.........................................................HR 334
Telephone; automatic dialing; regulate .........................................................................HB 1218 Television satellite dishes; protection of owners and users .......................................HR 1019
Tennessee Valley Authority; payments to local governments; formula ...................HB 2066 Trains; caboose; last car ......................................................................................................HB 40
Trains; caboose; last car ......................................................................................................HB 41 Trains; municipalities; speed limits .................................................................................HB 700
Transportation, Department of; certain employees; retirement age requirement.........................................................................................HB 1674
Transportation, Department of; pilots; age requirement ..............................................SB 562
Transportation, Department of; plans and facilities; hearings..................................HB 1712 Transportation, Department of; plans and facilities; hearings.....................................SB 563
Trucks and tractors; display name; certain exceptions ................................................HB 555
Underground storage tanks; registration.........................................................................HB 644 Underground utility facilities; blasting regulation ......................................................HB 1489
Utilities; nuclear generating plants; costs ........................................................................SB 111 Utility contractors; licensing...........................................................................................HB 1041
Western and Atlantic Railroad; amend lease.................................................................HR 500

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2726

INDEX

PULASKI COUNTY Convey property..................................................................................................................HR 519 Sheriff; deputies................................................................................................................HB 1328
PURSLEY, DR. NORMAN B.; honor ...........................................................................HR 545
PUTNAM COUNTY Board of commissioners; compensation ...........................................................................SB 603 Board of education; compensation.................................................................................HB 1796 Chief magistrate and clerk; compensation.......................................................................SB 407

Q
QUITMAN COUNTY Industrial development authority; extend Constitutional Amendment...................HB 1404 Superior court clerk; compensation and personnel .....................................................HB 1848

R
RABIES CONTROL Felines; inoculation...............................................................................................................HB 42 Inoculation; cats................................................................................................................HB 1114
RABUN COUNTY; board of commissioners; chairman.............................................HB 2052
RACE TRACKS; pari-mutuel wagering; certain counties - CA...................................HR 108
RADIO Court proceedings; broadcast, televise, or record..........................................................HB 796 License plates; county name decals; amateur radio operators ..................................HB 1357
RADIOLOGISTS; regulate................................................................................................HB 187
RAGLIN, REVEREND MOSES L.; honor..................................................................HR 626
RAILROADS Atlanta-Chattanooga; terminate lease...............................................................................HR 97 Certain injuries; change venue........................................................................................HB 1216 Condemnation; counties and municipalities.................................................................HB 1371 Dillon-Kingswood railroad; relative to closing...............................................................HR 496 Income tax exemption; retirement benefits..................................................................HB 1129 Income tax; social security or railroad retirement; exemption......................................HB 10 Lynn-Cuthbert railroad; relative to closing....................................................................HR 495 Norfolk Southern Corporation; State Properties Commission; amend lease............HR 512 Pearson-Sylvester railroad; protest closing.....................................................................HR 580 Rail Abandonment Study Committee; create................................................................HR 221 Special officers; time of employment............................................................................HB 1323 Trains; caboose; last car ......................................................................................................HB 40 Trains; caboose; last car ......................................................................................................HB 41 Trains; municipalities; speed limits.................................................................................HB 700 Underpass or overpass; public hearing............................................................................HB 123 Western and Atlantic Railroad; amend lease.................................................................HR 500
RALSTON, MRS. JEAN; commend ...............................................................................HR 914
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INDEX

2727

RANDOLPH COUNTY Board of commissioners...................................................................................................HB 1847 Development authority; extend Constitutional Amendment.....................................HB 1403
RAPE Child abuse; prosecution; time limitation.......................................................................HB 385 Victim of rape; spouse .......................................................................................................HB 708
REAGIN, STEVE; commend.............................................................................................HR 562
REAL ESTATE (Also, see Property) Foreclosure sales; advertisement ........................................................................................HB 26 Land Sales Act; powers of the Real Estate Commission............................................HB 1343 Mechanics' and materialmen's liens; real estate appraisals.........................................HB 633 Mortgage brokers and loan agents, solicitors; licensing..................................................HB 68 Salespersons; qualifications .............................................................................................HB 1545
REAPPORTIONMENT House Districts 13, 67, 68..................................................................................................HB 968 House Districts 28, 34 ........................................................................................................HB 181
RECREATION Campground or marine membership; right to cancel ....................................................SB 433 Dance halls and roadhouses; inspections; certain exceptions ....................................HB 1359 Fees; discount for elderly ................................................................................................HB 1318 Georgia Recreation and Park Society; commend ..........................................................HR 713 Income tax; teen recreational centers; exemption.......................................................HB 2051
REDEVELOPMENT Bibb County; powere........................................................................................................HB 1988 Centerville, City of; authorization..................................................................................HB 1967 Fulton County; authorization .........................................................................................HB 1521 Macon, City of; powers ....................................................................................................HB 1987 Urban redevelopment; rent suspension; escrow...........................................................HB 1436
REGISTER, TOWN OF; amend charter.......................................................................HB 1448
REIDSVILLE, CITY OF Mayor; election provisions...............................................................................................HB 1719 Public office; limitation of term .....................................................................................HB 1718
RELIGION Alcoholic beverage sales; distance requirements; Chatham County............................SB 449 Baha'i Faith; recognize certain statement ......................................................................HR 990 Medical information; release by physicians....................................................................HB 962 Silent prayer in schools; urge amendment to United States Constitution................HR 517 State Chaplain and religious administrators; housing allowance................................HB 236 Voluntary silent prayer, meditation, contemplation; urge amendment to United States Constitution.................................................................SR 376 Wine and malt beverage sales; distance from church....................................................SB 364
RESIDENTIAL FINANCE AUTHORITY; amend provisions................................SB 580
RESPIRATORY CARE PRACTICES ACT; enact......................................................SB 32
RETIREMENT AND PENSIONS Augusta Employees' Retirement; part-time employees................................................HB 415 Code of Georgia; corrections ...........................................................................................HB 1214 Conservation ranger; retain weapon and badge ...........................................................HB 1829 Employees' Retirement; certain military service credit................................................HB 302 Employees' Retirement; county probation system; options.........................................HB 422

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2728

INDEX

RETIREMENT AND PENSIONS (Continued) Employees' Retirement; county tax officials and employees .......................................HB 417 Employees' Retirement; district attorneys' secretaries; service credit..........................SB 50 Employees' Retirement; divorced retiree; options...........................................................HB 84 Employees' Retirement; falsifying records; penalty ......................................................HB 296 Employees' Retirement; maximum allowance; certain members ..............................HB 1205 Employees' Retirement; military service credit ...........................................................HB 1592 Employees' Retirement; provisions relating to spouse .................................................HB 332 Employees' Retirement; Supreme Court Justices and Court of Appeals Judges; optional benefits................................................................HB 666 Employees' Retirement; transfer juvenile detention service employees ....................HB 612 Employees' Retirement; withdrawal limit; teachers.......................................................SB 206 Fulton County health employees; retirement system option; population classification....................................................................................SB 223 General Assembly; creditable service ...............................................................................SB 105 Income tax exemption; certain benefits ............................................................................HB 34 Income tax exemption; certain retirement income........................................................HB 829 Income tax exemption; certain retirement income......................................................HB 1345 Income tax exemption; certain social security and railroad benefits .......................HB 1129 Income tax; certain exemption ........................................................................................HB 129 Income tax; certain retirement income; exemption.......................................................HB 763 Income tax; change of income; notification..................................................................HB 1584 Income tax; deduction; individual retirement account...............................................HB 1030 Income tax; exempt certain income.................................................................................HB 198 Income tax; exempt certain retirement income .............................................................HB 574 Income tax; exempt certain retirement income ...........................................................HB 1575 Income tax; exemption.......................................................................................................HB 141 Income tax; social security or railroad retirement; exempt ...........................................HB 10 Individual Retirement Account; tax deduction income................................................HB 116 Insurance Commissioner; amend provisions.................................................................HB 1508 Investment; retirement funds; South African institutions...........................................HB 348 Investments of state funds; South African institutions..............................................HB 1272 Judges of Probate Courts Retirement Fund; increase benefits........................................SB 4 Legislative Counsel; Employees' Retirement; provisions..............................................HB 110 Legislative Retirement; creditable service allowance.....................................................SB 120 Legislative Retirement; creditable service; General Assembly members...................HB 396 Local retirement systems; investments .........................................................................HB 1684 Peace Officers' Annuity and Benefit Fund; benefits ....................................................HB 365 Peace Officers' Annuity and Benefit Fund; certain Public Service Commission employees; membership.............................................................HB 505 Probate Court Judges; time for payments.......................................................................SB 342 Public officials and employees; accumulated leave.......................................................HB 260 Public officials; accumulated leave ..................................................................................HB 158 Public officials; accumulated leave ..................................................................................HB 394 Public retirement systems; certain crimes; restrict membership ................................HB 258 Public retirement systems; membership; certain prohibitions ....................................HB 426 Public School Employees; continuation of benefits ....................................................HB 1693 Public School Employees; 40 years service.....................................................................HB 386 Public School Employees; health insurance plan for retirees - CA............................HR 125 Public School Employees; increase benefits...................................................................HB 849 Public School Employees; provisions relating to spouse..............................................HB 334 Retired public school employees; health insurance; provide - CA...............................SR 375
Sheriffs' Retirement; benefits; fee in civil cases............................................................HB 318
Sheriffs' Retirement; death benefits................................................................................HB 828
Social Security; urge legislation on benefit levels .........................................................HR 578
State Patrol; mandatory retirement age ..........................................................................SB 304
Superior Court Clerks' Retirement; benefits...................................................................SB 109

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2729

RETIREMENT AND PENSIONS (Continued) Superior Court Judges; retirement age ...........................................................................HB 355 Superior Court Judges; spouse's benefits ........................................................................SB 174 Superior Court Judges Retirement; amend provisions...............................................HB 1122 Superior Court Judges Retirement; maximum benefits; certain service credit ......................................................................................................HB 152 Superior Court Judges Retirement; provisions relating to spouse..............................HB 397 Tax Officials' Retirement Fund; create.........................................................................HB 1034 Teachers Retirement System Nominating Committee; meetings ...............................HB 294 Teachers Retirement; beneficiaries; minimum allowance ............................................HB 338 Teachers Retirement; certain former teachers; membership .......................................HB 405 Teachers Retirement; certain former teachers; membership - CA ...............................HR 88 Teachers Retirement; certain military service credit....................................................HB 779 Teachers Retirement; certain personnel elect membership.........................................HB 391 Teachers Retirement; certain teachers; decline membership ......................................HB 259 Teachers Retirement; computing average compensation .............................................HB 251 Teachers Retirement; contributions by local units .......................................................HB 423 Teachers Retirement; contributions by local units .....................................................HB 1570 Teachers Retirement; creditable service...........................................................................HB 67 Teachers Retirement; creditable service; certain private schools ...............................HB 552 Teachers Retirement; creditable service; maternity leave............................................HB 186 Teachers Retirement; falsifying records; penalty ..........................................................HB 293 Teachers Retirement; maximum allowance; new members........................................HB 1209 Teachers Retirement; provisions relating to spouse......................................................HB 333 Teachers Retirement; reinstate membership..................................................................HB 416 Teachers; certain leave; creditable service......................................................................HB 345 Transportation, Department of; certain employees; retirement age requirement.........................................................................................HB 1674 Trial Judges and Solicitors Retirement Fund; certain creditable service .................HB 300
REVENUE (See Taxation and Revenue)
REVENUE BONDS Certain industrial development bonds; urge disapproval.............................................HR 498 Georgia Development Authority; amend provisions....................................................HB 1686 Georgia State Financing and Investment Commission; sale of notes and bonds; authorization.................................................................................SB 579
RHEA, JERRY; commend .................................................................................................HR 934
RICHARDSON, C. V.; commend .....................................................................................HR 673
RICHLAND, CITY OF; corporate limits .....................................................................HB 2008
RICHMOND COUNTY Appropriation for promotion of business and tourism; extend Constitutional Amendment............................................................................HB 1736 Authorization for contracts, leases and revenue bonds; extend Constitutional Amendment............................................................................HB 1737 Board of education; compensation.................................................................................HB 1838 Hospital authority; membership.....................................................................................HB 1746 Malt beverage tax revenue; delete certain use.............................................................HB 1288 Police and sheriffs departments; referendum...............................................................HB 835 School superintendent; term...........................................................................................HB 1603
RINGGOLD CHAMBER OF COMMERCE; commend ...........................................HR 815
RIVERS AND LAKES Dams; costs for repair ......................................................................................................HB 1143 Lake Lanier Islands Development Authority; jurisdiction for actions.....................HB 1835

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2730

INDEX

RIVERS AND LAKES (Continued) Metropolitan rivers; environmental protection; requirement .......................................SB 317 Ports; pilotage fees...........................................................................................................HB 1242
ROBERTSON, PAUL B.; commend...............................................................................HR 723
ROCHDALE COUNTY Board of education; election; extend Constitutional Amendment...............................SB 481 School superintendent; appointment; extend Constitutional Amendment ................SB 479
ROCKMART, CITY OF; development authority; extend Constitutional Amendment.............................................................................................HB 2007
ROGERS, HONORABLE GRADY M.; commend......................................................HR 552
ROME, CITY OF; homestead exemption; certain elderly ..........................................HB 1820
ROQUEMORE, HELEN D.; commend ..........................................................................HR 927
ROSSVILLE, CITY OF; tax assessor and tax coordinator; abolish office..............HB 1889
ROSWELL, CITY OF; mayor and councilmen; election ............................................HB 1654
RUSSELL, COACH ERK Coinmend.............................................................................................................................HR 620 Invite Coach Erk Russell and Georgia Southern Football team to House ...........................................................................................................................HR 714

s

SADLER, MOLLY AND ELIZABETH; commend ...................................................HR 999
SAGAMORE HILLS ELEMENTARY SCHOOL; commend .................................HR 629
SALES AND USE TAX Biomass; exemption............................................................................................................HB 479 Boats purchased by nonresidents; exemption ................................................................HB 884 Certain farmers; exemption...............................................................................................HB 753 Certain peanut and tobacco-drying operations; exemption .......................................HB 1523 Commercial fishermen; crab bait; exemption.................................................................HB 285 Contractors; financial net worth certificate..................................................................HB 1597 Drugs used for animal husbandry; exemption .............................................................HB 1678 Food and drink; exemption...............................................................................................HB 145 Food stamps; exemption..................................................................................................HB 1362 Four percent; provide certain exemptions - CA ............................................................HR 595 Fraudulent returns; penalties ...........................................................................................HB 845 Fuel for private residences; exemption .........................................................................HB 1555 Funeral services; exemption............................................................................................HB 1336 Girl Scout cookies; exemption ........................................................................................HB 1379 Hearing aids; exemption ..................................................................................................HB 1270 Heating fuel for poultry structures; sales tax exemption...........................................HB 1294 Insulin and insulin syringes; exemption........................................................................HB 1297 Local option sales tax for educational purposes; property tax relief - CA .................................................................................................................HR 279 Local option; school district debt payment ..................................................................HB 1655 Machinery and equipment for research; exemption......................................................HB 810 Oxygen prescribed by physician.....................................................................................HB 1445 Oxygen prescription; exemption.....................................................................................HB 1165
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INDEX

2731

SALES AND USE TAX (Continued) Peanut and tobacco processing; exempt fuel ...............................................................HB 1411 Prostheses for elderly; exemption ..................................................................................HB 1598 Prosthesis; exemption ......................................................................................................HB 1155 Special 1% sales tax; amend provisions........................................................................HB 1469 Special 1% sales tax; educational purposes - CA............................................................HR 73 Special 1% tax; alcoholic beverages ..............................................................................HB 1705 Special sales tax; certain water and sewer projects.....................................................HB 1243 Special state sales tax; educational purposes - CA .........................................................HR 77 Vending machines; certain exemption...........................................................................HB 1073
SALVAGE Underwater salvage; certain items; state property ........................................................HB 326 Used motor vehicle dismantlers and rebuilders; out-of-state buyer.........................HB 1610
SANITARIANS Registered Professional Sanitarians, Board of; termination.......................................................................................................HB 1174
SAVANNAH, CITY OF Bond issue without referendum; extend Constitutional Amendment ......................HB 1645 Bond issue without referendum; extend Constitutional Amendment ......................HB 1646 Chatham County-Savannah; board of education; election.........................................HB 1119 Corporate limits ................................................................................................................HB 1792 Downtown Savannah Authority; creating; extend Constitutional Amendment......HB 1647 Georgia Hussars of Savannah; honor on 250th Anniversary .......................................HR 543 Historic Savannah District; ad valorem tax; freeze certain assessments.................HB 1434 Historic zones; establish ..................................................................................................HB 1968 Joint Savannah Transit Authority Study Committee; create........................................HR 53 Savannah Airport Commission; creating; extend Constitutional Amendment .......HB 1648 Savannah-Chatham County; ad valorem tax exemption; extend Constitutional Amendment............................................................................HB 1563 State Port Facilities Accident Study Committee; create ...............................................HR 10
SAWYER, BARBARA ANN ROZIER; compensate..................................................HR 643
SAYLOR, JACQUELYN HARMON; commend.........................................................HR 869
SCHLEY COUNTY; Georgia Forestry Commission; transfer certain structure.......HR 770
SCHOOLS (Also, see Education) After School Program Study Committee; create...........................................................HR 590 Age of enrollment ...............................................................................................................HB 284 Alcoholic beverage sales; distance requirements; Chatham County............................SB 449 Boards of education; disciplinary matters; appeals.....................................................HB 1276 Boards of education, election; school superintendents, appointment - CA...............HR 331 Bus drivers; minimum salary ..........................................................................................HB 1662 Buses; authority for certain use.....................................................................................HB 1560 Buses; exhaust system; requirements............................................................................HB 1463 Buses; reports of vehicles passing; hearings .................................................................HB 1347 Disciplinary actions; superintendent's determination.................................................HB 1561 English; designate official language of the State of Georgia .......................................HR 717 Extracurricular activities; academic requirement........................................................HB 1274 Food service personnel; sick leave ....................................................................................SB 438 High School Dropouts Study Committee; create...........................................................HR 719 Local boards of education; self-insurers; liability insurance......................................HB 1553 Local schools; General Assembly provide additional revenue - CA ...........................HR 509 Maximum enrollment age..................................................................................................HB 784 "No Pass, No Play" Study Committee; create ...............................................................SR 290 School superintendents; qualifications............................................................................HB 328 School superintendents; qualifications - CA ..................................................................HR 783

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2732

INDEX

SCHOOLS (Also, see Education) (Continued) Security personnel; powers................................................................................................HB 568 Silent prayer in schools; urge amendment to United States Constitution................HR 517 Silent prayer or meditation; provide ...............................................................................HB 350 Teachers Retirement; creditable service; certain private schools ...............................HB 552 Transfer students; extra-curricular activities; eligibility ............................................HB 1163 Uniform Opening Date for School Calendar Year House Study Committee; create ...............................................................................................HR 320 Uniform Opening Date for School Calendar Year Joint Study Committee; create ...............................................................................................HR 233 Uniform School Starting Date Study Committee; create.............................................HR 692 Vocational and technical institutions; redesignate......................................................HB 1836 Voluntary silent prayer, meditation, contemplation; urge amendment to United States Constitution.................................................................SR 376
SCOTT, AMY; commend....................................................................................................HR 527
SCREVEN COUNTY; motor vehicle registration .......................................................HB 1997
SECRETARY OF STATE Communications...................................Pages 2, 5, 137, 175, 347, 728, 1026, 1267, 1441, 1829 Corporate documents; retention of records ..................................................................HB 1296 Corporations; articles of incorporation; publication of merger....................................HB 280 Land Sales Act; powers of the Real Estate Commission............................................HB 1343 Printing of maps .................................................................................................................HB 787 Public officials; employment and financial disclosure form; file ................................HB 492 Public property; filing conveyances; amend provisions ..............................................HB 1888 Registered agents and employers; reports....................................................................HB 1137 Securities dealers; regulate..............................................................................................HB 1169
SECURITIES African Development Bank; certain investments ...........................................................SB 144 Dealers; regulation............................................................................................................HB 1169
SENATE Committees; subpoena witnesses....................................................................................HB 1195 Disruption of meetings; prohibit....................................................................................HB 1234 Joint Session; Governor's message...................................................................................HR 457 Notify House; Senate convened ........................................................................................SR 276 Notify Senate; House convened .......................................................................................HR 454 Reimbursement of expenses............................................................................................HB 1695 Secretary of State; printing of maps ...............................................................................HB 787 Standing committees; subpoena witnesses....................................................................HB 1221
SENTENCING Age of Criminal Responsibility Study Committee; create...........................................HR 749 Criminal procedure; changes; time limitation ..............................................................HB 1154 Criminal procedure; maximum fines for misdemeanors.............................................HB 1612 Death penalty; date of execution .....................................................................................HB 248 Death penalty; eliminate ...................................................................................................HB 390 Death penalty; lethal intravenous infusion.....................................................................HB 848 Death penalty; moratorium .................................................................................................HR 87 Death penalty; underage persons; special procedures....................................................SB 468 Disparity in Sentencing Study Committee; create..........................................................HR 85 Felony conviction; probation costs and fine.................................................................HB 1921 First offenders; court review record..................................................................................SB 442 Pardons and paroles; certain life sentences; prohibitions ..........................................HB 1882 Probation; suspended sentence; notice of change in residence.................................HB 1369 Sexual offenses; minors; punishment.............................................................................HB 1264 State courts; pre-sentence report; provide copy to defendant .....................................SB 374

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SEPTIC TANKS; county boards of health; regulations .............................................HB 1465
SEXTON, SPECIALIST 5TH CLASS LARRY; invite to House..........................HR 631
SEXUAL OFFENSES Admissible evidence; minors .............................................................................................HB 757 Aggravated sodomy; bail requirements ............................................................................SB 344 Alcoholic beverages; prohibit certain conduct on premises where sold .....................HB 291 Child abuse and sexual abuse victims; restitution ........................................................HR 476 Child abuse; admissible evidence .....................................................................................HB 292 Child abuse; hearsay evidence ........................................................................................HB 1260 Child abuse; prosecution; time limitation.......................................................................HB 385 Child abuse; reporting requirements .............................................................................HB 1092 Child abuse, sexual abuse, sexual exploitation; training in management of cases.................................................................................................HR 477 Criminal cases; child victim or witness; speedy trial ..................................................HB 1087 Criminal Code; amend .......................................................................................................HB 184 Exploitation of child; reports by film processors.........................................................HB 1194 Exploitation of child; reports by film processors.........................................................HB 1202 Exploitation of child; reports by film processors .............................................................SB 79 Minors; certain protection...................................................................................................HB 29 Minors; hearsay evidence...................................................................................................HB 289 Minors; penalty .................................................................................................................HB 1201 Minors; priority court cases ................................................................................................HB 28 Minors; punishment .........................................................................................................HB 1264 Superior court clerks; certain information to GBI; repeal provisions.........................SB 448 Trials; child victim or witness; videotaped deposition ...............................................HB 1086 Vending machines; prohibit sales of condoms .............................................................HB 1817 Victim of rape; spouse .......................................................................................................HB 708
SHANOR, HONORABLE JENNIE C.; happy birthday..........................................HR 911
SHERIFFS Annual training; filling of vacancy...................................................................................HB 344 Georgia Sheriffs Association; commend .........................................................................HR 813 Minimum salaries ................................................................................................................SB 419 Retirement; benefits; fee in civil cases ............................................................................HB 318 Retirement; death benefits................................................................................................HB 828 Sheriffs and employees; group health plans .................................................................HB 1396
SHIFLETT, INVESTIGATOR BILL; commend .......................................................HR 731
SHIRLEY, TODD; commend............................................................................................HR 973
SIMMONS, WILLIAM P.; condolences.........................................................................HR 959
SIMS, GUY; commend........................................................................................................HR 486
SINGLETON, DALE; condolences ..................................................................................HR 704
SMITH, C. HENRY; commend.........................................................................................HR 933
SMITH, GLENN;compensate...........................................................................................HR 481
SMITH, IAN SCOT; compensate.....................................................................................HR 228
SMITH, REVEREND JIMMY L.; honor .....................................................................HR 895
SMOAK, CAMERON MALLORY Commend.............................................................................................................................HR 856 Commend.............................................................................................................................HR 885
SMYRE, HONORABLE CALVIN; commend .............................................................HR 769

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INDEX

SMYRNA, CITY OF Downtown development authority; extend Constitutional Amendment.....................SB 446 Homestead exemption; certain disabled persons; extend Constitutional Amendment .........................................................................................HB 1855 Homestead exemption; certain residents; extend Constitutional Amendment ............................................................................HB 1856 Independent school system; extend Constitutional Amendment.................................SB 467 Mayor and council; salaries................................................................................................SB 386
SNOW, REPRESENTATIVE MIKE Committee assignments.................................................................................................Page 1349 Election ............................................................................................................................Page 1267 Oath..................................................................................................................................Page 1268
SOCIAL SERVICES Aid to families; exempt certain income.........................................................................HB 2001 Apartment complex; eligible housing units; certain persons .....................................HB 1839 Child Abuse Action Fund; establish ..............................................................................HB 1107 Child abuse, sexual abuse, sexual exploitation; training in management of cases .................................................................................................HR 477 Child-care agencies; license restrictions ........................................................................HB 1225 Child-care agencies; residents; emergency relocation..................................................HB 1262 Children and youth programs; certain persons; criminal record checks..................HB 1261 Children and Youth Study Committee; create ..............................................................HR 518 Children's Services Commission; create........................................................................HB 1148 Community care; lead agencies; services..........................................................................SB 233 Community work programs; amend provisions...............................................................SB 465 Day-care centers or personal care homes; employee record checks..........................HB 1420 Federal grants for certain social programs; urge continued funding..........................HR 579 Food stamps; sales tax exemption .................................................................................HB 1362 Georgia County Welfare Association; commend............................................................HR 799 Hospital; indigent pregnant women; county of residence ............................................HB 561 Human Resources; criminal record check; certain employment...............................HB 1421 Indigent Health Care Provider Reimbursement Fund; create ....................................HB 556 Indigent pregnant women; cost of health care...............................................................HB 487 Indigent pregnant women; hospital care..........................................................................SB 132 Medical assistance; rules and regulations; procedure .................................................HB 1593 Nursing homes; accommodations; certain requirements ............................................HB 1330 Public assistance; repeal certain work programs ...........................................................HB 136 Residential Finance Authority Act; amend .....................................................................SB 420 Social work; license requirement....................................................................................HB 1042 State Housing Activities Study Committee; create................................,........................HR 72 State lottery; educational purposes and indigent care - CA..........................................HR 78 Task Force on Funding of Indigent Health Care Programs; request Governor create.................................................................................................HR 716 Youth development centers; juvenile participation........................................................SB 308
SOPERTON, CITY OF; council; elections ......................................................................SB 290
SOUTH FULTON RUNNING PARTNERS; recognize...........................................HR 922
SOUTHERN STATES CORRECTIONAL ASSOCIATION
Recognize 17th Anniversary.............................................................................................. HR 544
SPALDING COUNTY Ad valorem tax exemption; elderly and disabled ...........................................................SB 581 Coroner; compensation.....................................................................................................HB 1961 Motor vehicle registration ...............................................................................................HB 1942 Probate court judge; nonpartisan election.......................................................................SB 142

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2735

SPEAKER OF THE HOUSE Communications .....................................................................................................Pages 11, 1349 Term; limitation - CA..........................................................................................................HR 26
SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY,
STATE BOARD OF; enact...........................................................................................HB 112
SPORTS Atlanta-Fulton County Stadium; relative to parking ...................................................HR 996 Joint Developmental Studies in Georgia Study Committee; create............................SR 389 "No Pass, No Play" Study Committee; create ...............................................................SR 290 Public gatherings; disorderly conduct; punishment .......................................................SB 332 Schools; extracurricular activities; academic requirement.........................................HB 1274 State Professional Sports Commission; create .............................................................HB 1255 World Series Week; recognize...........................................................................................HR 951
ST. MARYS, CITY OF; corporate limits......................................................................HB 1513
STATE AUDITOR Communication regarding elections .................................................................................Page 90 Communication to House from Legislative Counsel regarding elections ...................Page 13 Election ................................................................................................................................HR 458 Salary ..................................................................................................................................HB 1550
STATE COURTS OF COUNTIES Judges and employees; liability insurance; provide coverage ...........................................SB 2 Juries; uniform procedures...................................................................................................SB 48 Pre-sentence report; provide copy to defendant.............................................................SB 374 Sheriffs' Retirement Fund; benefits; fee in civil cases .................................................HB 318 Solicitors; qualifications......................................................................................................SB 370
STATE EMPLOYEES Campaigns; persons receiving certain compensation; prohibit activities...................HB 717 Certain public officials; required duty hours ...............................................................HB 1484 Counseling; assistance program .........................................................................................SB 418 Day-care center facilities ....................................................................................................SB 306 Employee hearing; representation..................................................................................HB 1600 Hazardous substances; disclosure to employees.............................................................HB 206 Health Benefit Plan; itemized statement .....................................................................HB 1337 Health insurance plan; certain non-prescription drugs ..............................................HB 1481 Interdepartmental transfer................................................................................................HB 788 Liability insurance; amend provisions..............................................................................SB 440 Mileage allowance.............................................................................................................HB 1348 Public retirement systems; certain crimes; restrict membership ................................HB 258 Retirement; accumulated leave.........................................................................................HB 260 Retirement; certain military service credit.....................................................................HB 302 Retirement; district attorneys' secretaries; service credits..............................................SB 50 Retirement; divorced retiree; options................................................................................HB 84 Retirement; falsifying records; penalty ...........................................................................HB 296 Retirement; maximum allowance; certain members....................................................HB 1205 Retirement; military service credit ................................................................................HB 1592 Retirement; provisions relating to spouse.......................................................................HB 332 Retirement; public officials; accumulated leave.............................................................HB 394 Retirement; transfer juvenile detention service employees..........................................HB 612 Retirement; withdrawal limit; teachers ............................................................................SB 206 Revenue commissioner; compensation.............................................................................HB 883 Sick leave ...........................................................................................................................HB 1599 Teachers Retirement; certain personnel elect membership .........................................HB 391 Transportation, Department of; certain employees; retirement age requirement ............................................................................................................HB 1674

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2736

INDEX

STATE GOVERNMENT Administrative Services, Department of; certain property; acquisition costs ............................................................................................................HB 1573 Administrative Services, Department of; Fiscal Division director; appointment.....................................................................................................HB 418 Agency for Removal of Hazardous Materials; create ..................................................HB 1952 Airport; commission study noise control.......................................................................HB 1203 Area Planning and Development Commission; certain members election ..............HB 1118 Atlanta-Chattanooga Railroad; terminate lease...............................................................HR 97 Campaigns; persons receiving certain compensation; prohibit activities ...................HB 717 Certain public officials; required duty hours ...............................................................HB 1484 Civil office; disabled individuals; employment preference.........................................HB 2047 Claims Advisory Board; add member............................................................................HB 1314 Commission on Governmental Liability; re-create.........................................................SR 338 Community care; lead agencies; services..........................................................................SB 233 Corporate documents; Secretary of State; retention of records ................................HB 1296 Counties and municipalities; water or sewage facilities; Georgia Development Authority finance - CA...........................................................HR 363 Credit unions; secure funds...............................................................................................HB 648 Day-care center facilities; state employees......................................................................SB 306 Employee hearing; representation..................................................................................HB 1600 Employees; sick leave.......................................................................................................HB 1599 Employment; interdepartmental transfer .......................................................................HB 788 English; designate official language of the State of Georgia .......................................HR 717 Environmental Facilities Authority; create ..................................................................HB 1142 Examining boards; central file........................................................................................HB 1435 Farm loans; agricultural operations; 25% of livelihood..............................................HB 1376 Georgia Construction Fund; general obligation debt - CA...........................................SR 427 Georgia Council for the Arts; redesignation....................................................................SB 428 Georgia Development Authority; amend provisions....................................................HB 1686 Georgia Occupational Regulation Review Advisory Council; establish......................HB 850 Georgia State Financing and Investment Commission; sale of notes and bonds; authorization.........................................................................SB 579 Governor's Private Sector Survey Committee on Cost Control in State Government; create .........................................................................................HR 398 Handicapped preschool children; encourage services ....................................................SR 281 Hazardous materials; state officials; liability insurance .............................................HB 1953 Health insurance plan; certain non-prescription drugs ..............................................HB 1481 Health Planning Agency; state-wide health-care data; collect ..................................HB 1285 Institution of the General Assembly Study Commission; create .................................SR 377 Insurance commissioner; amend retirement provisions..............................................HB 1508 Investment of state funds; South African institutions ...............................................HB 1272 Law enforcement officers; salary and training; joint committee to study revenue sharing ................................................................................................SR 324 Legal proceedings and hearings; certain fees .................................................................HB 470 Legislative Education Research Council; abolish ........................................................HB 1653 Local government audits; comply with federal requirements......................................HB 858 Local government investment pool; approved uses.....................................................HB 1349 Local governments; financial statements; filing...........................................................HB 1498 Local Governments; prohibit grant of state funds; failure to observe Martin Luther King holiday....................................................................HB 1157
Medical assistance; rules and regulations; procedure .................................................HB 1593
Microform standards; amend provisions..........................................................................SB 352
Norfolk Southern Corporation; State Properties Commission; amend lease ............HR 512
Property; governmental agencies; judicial actions.......................................................HB 1742
Public funds; prohibit laws against certain investments in foreign countries - CA....................................................................................................HR 480

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2737

STATE GOVERNMENT (Continued) Public office; determination of vacancy; procedure for resignation .........................HB 1501 Public officers; oath of office.............................................................................................SB 347 Public officials and employees; mileage allowance......................................................HB 1348 Public officials; certain convictions; suspension from office......................................HB 1199 Public officials; federal felony indictment; suspension.................................................HB 148 Public officials; federal felony indictment; suspend compensation..........................HB 1287 Public officials; retirement; accumulated leave .............................................................HB 394 Public property; filing conveyances; amend provisions..............................................HB 1888 Public property; uncollectable debt; write-off provisions ..........................................HB 1536 Public Retirement System; membership; certain prohibitions....................................HB 426 Regional public projects; Area Planning and Development Commission serve as coordinating agent...................................................................HB 1293 Residential Finance Authority; amend provisions..........................................................SB 580 Smoking in state buildings; urge prohibition.................................................................HR 883 State agencies; estimates of supplies and services; availability.................................HB 1135 State agency; rules and regulations; General Assembly override.................................SB 406 State auditor; election........................................................................................................HR 458 State auditor; salary .........................................................................................................HB 1550 State Chaplain and religious administrators; housing allowance................................HB 236 State Commission on Condemnation of Public Property; create..............................HB 1361 State contracts; progress payments; contractors..........................................................HB 1131 State departments; General Assembly veto rules and regulations - CA.......................SR 46 State employees; counseling; assistance program ...........................................................SB 418 State officials; certain election; plurality vote - CA......................................................HR 501 State Personnel Board; review of rules............................................................................SB 145 Transportation, Department of; pilots; age requirement..............................................SB 562 Underwater salvage and archeology; certain items; state property............................HB 326 Veterinary records; privileged information...................................................................HB 1986 Western and Atlantic Railroad; amend lease .................................................................HR 500
STATE PATROL (See Law Enforcement Officers and Agencies or Public Safety, Department of)
STATE PROPERTY (See Public Property)
STATESBORO, CITY OF Downtown development authority; extend Constitutional Amendment..................HB 1904 New charter .......................................................................................................................HB 2000
STEPHENS COUNTY Board of commissioners; compensation.........................................................................HB 1999 Development authority; extend Constitutional Amendment.....................................HB 1531
STEWART COUNTY Board of education; extend Constitutional Amendment............................................HB 1405 Bridge construction; extend Constitutional Amendment ...........................................HB 1407 Electrical system; extend Constitutional Amendment................................................HB 1406 Industrial development authority; extend Constitutional Amendment ...................HB 1409 Natural gas system; extend Constitutional Amendment............................................HB 1408
STITCHER, DONALD; recognize ...................................................................................HR 926
STONE MOUNTAIN JUDICIAL CIRCUIT; add judge ......................................HB 1156
STORY, JUDGE RICK; commend .................................................................................HR 772
SUMMERVILLE, CITY OF; corporate limits............................................................HB 1939
SUMTER COUNTY; Sumter County-Americus school system; consolidate ..........HB 1206

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INDEX

SUPERIOR COURTS Appeals; contempt; granting supersedeas.....................................................................HB 1418 Appeals; term for trial ........................................................................................................SB 183 Assistant district attorneys; L.L.M. degree; higher salary step.................................HB 1277 Civil cases; order for trial; priority for elderly.............................................,..................SB 173 Clerks; annual training ....................................................................................................HB 1368 Clerks; certain information to GBI; repeal provisions...................................................SB 448 Clerks; fees.........................................................................................................................HB 1644 Clerks; minimum salary ......................................................................................................SB 405 Clerks; vacancy; appointment .........................................................................................HB 1688 District administrative judge; temporary assignment.................................................HB 1753 Habeas corpus; judge hold proceeding at penal institution.......................................HB 1751 House Study Committee on Superior Court Judgeships; create.................................HR 710 Judges; continuing education; reimbursement of expenses........................................HB 1696 Judges; retirement; cost-of-living adjustments ..............................................................HB 152 Judges; retirement; provisions relating to spouse..........................................................HB 397 Judges; retirement; spouse's benefits ...............................................................................SB 174 Judges; secretaries' salary...................................................................................................SB 561 Liens; certain information....................................................................................................SB 66
SUPREME COURT; Employees' Retirement; Supreme Court Justices and Court of Appeals Judges; optional benefits....................................................................HB 666
SUTHERLAND, J. E. "GENE" Commend.............................................................................................................................HR 768 Commend.............................................................................................................................HR 761
SUTTER, LUTHER ONEAL, M.D.; commend...........................................................HR 584
SYLVESTER, CITY OF; Pearson-Sylvester railroad; protest closing.......................HR 580

T. W. JOSEY HIGH SCHOOL MARCHING AND CONCERT BANDS AND DIRECTOR; commend ........................................................................................HR 787
TALBOT COUNTY; sheriffs deputies; compensation ...............................................HB 1502
TALLAPOOSA, CITY OF; development authority; extend Constitutional Amendment .............................................................................................HB 1890
TALLAPOOSA GARDEN CLUB; commend ..............................................................HR 812
TANNER, ROBERT EARL, JR.; condolences.............................................................HR 983
TAPP MIDDLE SCHOOL; commend ...........................................................................HR 671
TARKENTON, FRAN; commend....................................................................................HR 697
TATTNALL COUNTY; board of education; compensation......................................HB 1494
TAXATION AND REVENUE Ad Valorem Property Taxation Study Committee; create ..........................................HR 325 Ad valorem tax bill; attach notice of homestead exemptions........................................HB 50 Ad valorem tax; agricultural land fixtures - CA............................................................HR 510 Ad valorem tax; agricultural property; certain breach of covenant..........................HB 1412 Ad valorem tax; appeal notices; form..............................................................................HB 595 Ad valorem tax; assessment; existing use .......................................................................HB 352
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2739

TAXATION AND REVENUE (Continued) Ad valorem tax; certain agricultural improvements; exemption - CA .......................HR 709 Ad valorem tax; certain property; exemption ..............................................................HB 1658 Ad valorem tax; driver education motor vehicle; definition.........................................SB 474 Ad valorem tax; electric utilities; allocation.................................................................HB 1977 Ad valorem tax; electric utilities; allocation - CA.........................................................HR 795 Ad valorem tax; exemption for proposed development districts ..............................HB 1783 Ad valorem tax; historic district; assessments - CA......................................................HR 479 Ad valorem tax; Historic Savannah District; freeze certain assessments ................HB 1434 Ad valorem tax; homestead exemption .........................................................................HB 1676 Ad valorem tax; homestead exemption; certain disabled veterans .............................HB 509 Ad valorem tax; increased assessment; Fulton County ..............................................HB 1437 Ad valorem tax; mobile homes; designation ...................................................................HB 914 Ad valorem tax; public utilities and transportation; time limitation .......................HB 1539 Ad valorem tax; rate increase resulting from assessment ..........................................HB 1615 Ad valorem tax; rate increase resulting from assessment; certain counties .............................................................................................................HB 1616 Alcoholic beverages; retail sales; special 1% tax.........................................................HB 1705 Alias tax executions; issuance ...........................................................................................HB 307 Antique automobiles - CA.................................................................................................HR 936 Computer or technical equipment; donation to school; credit ....................................HB 351 Counties and municipalities; short-term debt; taxable property - CA .........................SR 12 Counties and municipalities; urban enterprise zones; provide ....................................HB 642 County board of tax assessors; membership.................................................................HB 1785 County tax officials; annual training requirements.....................................................HB 1488 County tax officials; certain qualifications ...................................................................HB 1378 County tax officials; vacancies; interim appointments...............................................HB 1480 County tax; municipal downtown development; financial assistance.......................HB 2002 Development districts; ad valorem tax exemption - CA ..............................................HR 718 Employees' Retirement; county tax officials or employees..........................................HB 417 Estates; investment of property; exemption.................................................................HB 1149 Estates; tax exemption; investment of property.............................................................SB 378 Excise tax; cigars; rate .......................................................................................................HB 775 Excise tax; distilled spirits; amend provisions ...............................................................HB 945 Farm loans; agricultural operations; 25% of livelihood..............................................HB 1376 Federal and State income tax returns; urge coordination ............................................SR 285 Federal income tax; certain deductions; urge amendment to the United States Constitution................................................................................HR 597 Forsyth County; homestead exemption; elderly ............................................................HB 395 Four percent sales tax; provide certain exemptions - CA............................................HR 595 Fraudulent returns; penalties ...........................................................................................HB 845 Fraudulent returns; penalties .........................................................................................HB 1878 Georgia Construction Fund; general obligation debt - CA...........................................SR 427 Guardian and ward; estate plan; minimize taxes ..........................................................HB 493 Homestead exemption; elderly and disabled................................................................HB 1179 Homestead exemption; elderly and disabled................................................................HB 1180 House Study Committee on Taxation of Recreational Watercraft; create................HR 685 Income tax credit; contributions to certain educational organizations......................HB 830 Income tax credits; child care and household and dependent care expenses ...............................................................................................HB 765 Income tax exemption; certain retirement income........................................................HB 829
Income tax; certain retirement income; exemption.......................................................HB 763
Income tax; certain retirement income; exemption.....................................................HB 1345
Income tax; certain social security and railroad retirement benefits; exemption...................................................................................HB 1129
Income tax; change rate of computation.........................................................................HB 204
Income tax; computation...................................................................................................HB 925

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2740

INDEX

TAXATION AND REVENUE (Continued) Income tax; conservation tillage equipment; credit ....................................................HB 1111 Income tax; credit for crop damage caused by wild deer...........................................HB 1663 Income tax; credit for excessive property tax....................................................................HB 9 Income tax; credit for library rental; corporations........................................................HB 694 Income tax; credit for property damage by wild deer ................................................HB 1520 Income tax; deduction; individual retirement account ...............................................HB 1030 Income tax; dependent care assistance ...........................................................................HB 216 Income tax; elderly and disabled; additional exemption................................................HB 12 Income tax; exclude certain retirement income.............................................................HB 129 Income tax; exclude certain retirement income .............................................................HB 198 Income tax; exclude certain retirement income .............................................................HB 574 Income tax; exempt certain retirement benefits..............................................................HB 34 Income tax; exempt certain retirement income ...........................................................HB 1575 Income tax; fraudulent returns; penalty.........................................................................HB 408 Income tax; Individual Retirement Account; deduction ..............................................HB 116 Income tax; information; furnish to municipal finance official.................................HB 1240 Income tax; joint returns; computation...........................................................................HB 367 Income tax; motor carrier operating authorities............................................................HB 718 Income tax; notification of change of income; retirement income exemption.........................................................................................................HB 1584 Income tax; rate of calculation .........................................................................................HB 197 Income tax; retirement income; exemption....................................................................HB 141 Income tax; setoff collections; claimant agencies ........................................................HB 1108 Income tax; setoff debt; student loans ..........................................................................HB 1700 Income tax; social security or railroad retirement; exclude...........................................HB 10 Income tax; student loan; setoff debt............................................................................HB 1464 Income tax; teachers; credit for certain expenses..........................................................HB 687 Income tax; teen recreational centers; exemption.......................................................HB 2051 Insurance companies; eliminate certain reduction ..........................................................HB 47 Intangible property; ad valorem tax exemption............................................................HB 922 Intangible property; certain exemption - CA...................................................................HR 67 Intangible property; charitable remainder trust; exemption .....................................HB 1754 Intangible property; international insurance business; definition ............................HB 1196 Intangible property; tax returns.......................................................................................HB 234 Intangible tax; insurance business; foreign countries.................................................HB 1273 Internal Revenue Code; urge implementation of certain changes ..............................HR 792 Law enforcement officers; salary and training; joint committee to study revenue sharing ................................................................................................SR 324 License plates; check for fees; make payable to office.................................................HB 143 Local governments; limit funding for certain services................................................HB 1649 Local governments; taxation and license fees; transfer schedule..............................HB 1734
Local option sales tax for educational purposes; property tax relief - CA.................................................................................................HR 279
Local option sales tax; school district debt payment..................................................HB 1655 Local schools; General Assembly provide additional revenue CA..............................HR 509 Motor Vehicle Taxation Study Committee; create .......................................................HR 589 Motor vehicles; Prisoner of War; ad valorem tax exemption ....................................HB 1106 Motor vehicles; prorated registration fee........................................................................HB 286 Motor vehicles; prorated registration fee........................................................................HB 400 Occupation tax; financial institutions..............................................................................HB 649 Occupational tax; auctioning; certain limitations........................................................HB 1716
Occupational tax; certain levy by counties.....................................................................HB 477
Past due taxes; interest rate...........................................................................................HB 1452
Property tax relief; elderly - CA ..........................................................................................HR 9
Public sales; continuation without interruption..........................................................HB 1496
Revenue commissioners; compensation...........................................................................HB 883

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2741

TAXATION AND REVENUE (Continued) Sales tax exemption; machinery and equipment; research ..........................................HB 810 Sales tax exemption; prostheses.....................................................................................HB 1155 Sales tax; biomass; exemption ..........................................................................................HB 479 Sales tax; boats purchased by nonresidents; exemption...............................................HB 884 Sales tax; certain farmers; exemption .............................................................................HB 753 Sales tax; certain peanut and tobacco-drying operations; exemption......................HB 1523 Sales tax; commercial fishermen; exempt crab bait......................................................HB 285 Sales tax; contractors; financial net worth certificate.................................................HB 1597 Sales tax; exempt drugs used for animal husbandry ..................................................HB 1678 Sales tax; exempt food and drink ....................................................................................HB 145 Sales tax; exempt food stamps .......................................................................................HB 1362 Sales tax; exempt fuel used in peanut and tobacco processing.................................HB 1411 Sales tax; exempt Girl Scout cookies.............................................................................HB 1379 Sales tax; exempt hearing aids.......................................................................................HB 1270 Sales tax; exempt oxygen prescribed by physician......................................................HB 1445 Sales tax; exemption for funeral services......................................................................HB 1336 Sales tax; fuel for private residences; exemption ........................................................HB 1555 Sales tax; heating fuel for poultry structures; exemption ..........................................HB 1294 Sales tax; insulin and insulin syringes; exemption......................................................HB 1297 Sales tax; oxygen prescriptions; exemption ..................................................................HB 1165 Sales tax; prostheses for elderly; exemption................................................................HB 1598 Sales tax; vending machines; certain exemption .........................................................HB 1073 Special 1% sales tax; amend provisions........................................................................HB 1469 Special 1% sales tax; educational purposes - CA............................................................HR 73 Special sales tax; certain water and sewer projects.....................................................HB 1243 Special state sales tax; educational purposes - CA .........................................................HR 77 State Board of Equalization; abolish.............................................................................HB 1715 State lottery; provide .........................................................................................................HB 337 Targeted jobs tax credit; Congress urged to extend .....................................................HR 734 Tax assessors; confidentiality .............................................................................................HB 80 Tax digests; property on appeal.......................................................................................HB 214 Tax execution; notify property owner ...........................................................................HB 1267 Tax executions; advertising costs...................................................................................HB 1350 Tax Officials' Retirement Fund; create.........................................................................HB 1034 Taxes and license fees; illegal collection; time limit on claim for refund.......................................................................................................HB 1543 Tennessee Valley Authority; payments to local governments; formula...................HB 2066 Upson County; homestead exemption; disabled ............................................................HB 531
TAYLOR, JUDY; Child Protection Legislation; commend efforts .............................HR 928
TAYLOR, ZACHARY BOUVIER; commend ..............................................................HR 493
TEACHERS (Also, see Education) Aides work under supervision.........................................................................................HB 1812 Certain institutions; restrictions.....................................................................................HB 1251 Certain leave; creditable service .......................................................................................HB 345 Demotion or nonrenewal of contract; notice ...................................................................SB 478 Employees' Retirement; withdrawal limit .......................................................................SB 206 Georgia Association of Educators; commend .................................................................HR 801 Health insurance; certain contributions...........................................................................SB 443 Income tax; credit for certain expenses ..........................................................................HB 687 Jury leave; certain cases ..................................................................................................HB 1416 Local boards of education; assignments........................................................................HB 1965 NASA; urge placement on next space shuttle flight.....................................................HR 737 Opie, Brenda G., 1986 Georgia Teacher of the year; commend..................................HR 825 Opie, Brenda G., 1986 Georgia Teacher of the year; invite to House........................HR 824

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2742

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TEACHERS (Also, see Education) (Continued) Professional Practices Commission; membership ..........................................................HB 888 Quality Basic Education Act; amend provisions..........................................................HB 1178 Retired Teachers' Day; designate...................................................................................HB 1147 Retired Teachers' Day; designate .....................................................................................SB 357 Retirement; beneficiaries; minimum allowance..............................................................HB 338 Retirement; certain former teachers; membership........................................................HB 405 Retirement; certain former teachers; membership - CA ................................................HR 88 Retirement; certain military service credit.....................................................................HB 779 Retirement; certain personnel elect membership ..........................................................HB 391 Retirement; certain teachers; decline membership.......................................................HB 259 Retirement; computing average compensation...............................................................HB 251 Retirement; contributions by local units ........................................................................HB 423 Retirement; contributions by local units ......................................................................HB 1570 Retirement; creditable service ............................................................................................HB 67 Retirement; creditable service; certain private schools ................................................HB 552 Retirement; creditable service; maternity leave.............................................................HB 186 Retirement; falsifying records; penalty ...........................................................................HB 293 Retirement; maximum allowance; new members.........................................................HB 1209 Retirement; provisions relating to spouse.......................................................................HB 333 Retirement; reinstate membership...................................................................................HB 416 Sick leave; certain references ..........................................................................................HB 1441 Teachers Retirement System Nominating Committee; meetings...............................HB 294 Test exemptions................................................................................................................HB 1188 Testing and attendance counts; prohibitions...............................................................HB 2049
TECH HIGH DAY; designate January 15 ......................................................................HR 494
TELEPHONE AND TELEGRAPH SERVICE Emergency telephone number 911 systems; maintenance fees..................................HB 2003 Invasion of privacy; automated telephone sales ............................................................HB 790 Regulated telephone companies; services ..........................................................................SR 93 Telephone Harassment Study Committee; create .........................................................HR 334 Telephone; automatic dialing; regulate .........................................................................HB 1218
TELEPHONE PIONEERS; commend Dixie Chapter #23.........................................HR 888
TELEVISION Cable television systems; franchise license......................................................................SB 300 Court proceedings; broadcast, televise, or record ..........................................................HB 796 Criminal cases; child victim or witness; speedy trial ..................................................HB 1087 EMC; satellite television systems.....................................................................................HB 639 Libel; visual or sound broadcast; evidence ...................................................................HB 1123 Satellite dishes; protection of owners and users..........................................................HR 1019 Trials; videotaped depositions; child victim or witness..............................................HB 1086 Videotapes; transfers or reproduction; prohibitions....................................................HB 1723
TELFAIR COUNTY County officers; eligibility; extend Constitutional Amendment................................HB 1815 Officers; eligibility; extend Constitutional Amendment................................................SB 568 Officers; terms; extend Constitutional Amendment.......................................................SB 567
TEMPLETON, C. O., SR.; commend ..............................................................................HR 873
TEMPORARY HELP SERVICES WEEK IN GEORGIA Designate 10/12/86-10/18/86.............................................................................................HR 809
TESCH, TAMI;recognize...................................................................................................HR 886
THEFT Dog theft; provide penalty ..................................................................................................HB 71

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2743

THEFT (Continued) Firearms; penalty ..............................................................................................................HB 1455 Stolen vehicles; proof of ownership; return.....................................................................SB 135 Theft by shoplifting; municipal courte............................................................................HB 459
THIGPEN, DOCIA; congratulations on 100th birthday...............................................HR 612
THOMAS, CHRISTA; commend .....................................................................................HR 535
THOMAS, EUGENE E.; commend .................................................................................HR 971
THOMAS, LYNDA; commend .........................................................................................HR 534
THOMSON HIGH BULLDOGS FOOTBALL TEAM; commend ........................HR 676
THRASH, ELMORE C.; deliver message to President of Phillipines .......................HR 937
TIFT COUNTY Board of commissioners; districts ..................................................................................HB 1913 Education districts; provisions........................................................................................HB 1914
TIFTON, CITY OF; certain elections; date..................................................................HB 1252
TILLMAN, MARK;commend..........................................................................................HR 529
TOOMBS COUNTY Board of commissioners; compensation.........................................................................HB 1582 State court; judge and solicitor ......................................................................................HB 1756
TORTS Alcoholic beverages; immunity from certain liability .................................................HB 1440 Animals; owners' liability for damages..........................................................................HB 1043 Attorneys; contingency fees.............................................................................................HB 1184 Charities; limit recovery ..................................................................................................HB 1659 Civil actions; groundless claims; attorney's fees..........................................................HB 1146 Civil actions; groundless claims; attorney's teea..........................................................KB 1224 Civil Justice Reform; amend Code.................................................................................HB 1186 Civil practice; dismissal of actions .................................................................................HB 1185 Improvements to certain residential structures; recover deficiency ...........................HB 738 Libel actions; evidence..........................................................................................................SB 77 Libel; visual or sound broadcast; evidence ...................................................................HB 1123 Nuisances; actions against municipalities; immunity..................................................HB 1741 State Commission on Condemnation of Public Property; create..............................HB 1361 Using force against another; liability................................................................................SB 489 Wrongful death; prelitigation screening........................................................................HB 1383
TOWNSEND, GARY; commend ......................................................................................HR 563
TOWNSEND, HONORABLE KILIAEN V.R.; recognize ......................................HR 1015
TRADE (See Commerce and Trade)
TRAFFIC OFFENSES (See Motor Vehicles and Traffic)
TRANSPORTATION, STATE BOARD OF (Also, see Highways, Bridges and Ferries) Communication to House from Legislative Counsel regarding election to Board from 5th and 6th Congressional Districts...................................Page 12 Election of members from 5th and 6th Congressional Districts; communication...............................................................................................Page 11
TRESPASSING Criminal trespassing; private property; weapons............................................................SB 212

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2744

INDEX

TRESPASSING (Continued) Merchants' parking area; certain criminal trespass ....................................................HB 1433 Trespass battery; provide penalty for crime ................................................................HB 1151
TRI-COUNTY HOMEOWNERS ASSOCIATION; commend...............................HR 970
TRIALS Appeals; superior court; term for trial .............................................................................SB 183 Arrest prior to trial; violations of county ordinances ....................................................SB 355 Child victim or witness; videotaped deposition ...........................................................HB 1086 Civil cases; order for trial; priority for elderly................................................................SB 173 Civil practice; depositions and discovery; request for admission.................................SB 454 Civil practice; relief from judgments ................................................................................SB 457 Criminal cases; child victim or witness; speedy trial ..................................................HB 1087 Criminal procedure; maximum fines for misdemeanors .............................................HB 1612 Death penalty; underage persons; special procedures....................................................SB 468 Grand or trial jurors; selection - CA................................................................................HR 762 Juries; charges and instructions in writing...................................................................HB 1047 New trials for certain prisoners; deplore court decision...............................................HR 461
TRINITY FURNITURE SHOPS, INC.; commend ...................................................HR 556
TRION, TOWN OF; Chattooga County-Trion; local option tax for schools; allocation.......................................................................................................HB 1825
TROUP COUNTY Board of education; provide............................................................................................HB 1207 Board of education; referendum.....................................................................................HB 1899
TRUETT-MCCONNELL COLLEGE; recognize ........................................................HR 754
TRUSTS (See Wills, Trusts and Administration of Estates)
TURNER COUNTY Development authority; extend Constitutional Amendment.....................................HB 1916 Sheriff; compensation.......................................................................................................HB 1915
TURNER, MAYOR J. L. "HONEY"; condolences......................................................HR 757
TURNER, SHANE; commend ..........................................................................................HR 858
TWIGGS COUNTY HIGH SCHOOL LADY COBRAS BASKETBALL TEAM; commend ..............................................................................HR 948
TWIGGS COUNTY; school superintendent; appointment ........................................HB 1959
TYBEE ISLAND, CITY OF; mayor and council; powers............................................SB 587

u
UNDERWOOD, RUDY; commend .................................................................................HR 921 UNEMPLOYMENT COMPENSATION
Employment Security Law; interests payments .............................................................SB 470 Employment Security Law; payment disputes; settlement...........................................SB 471 Employment Security Law; security bonds for employers............................................SB 473 UNION CITY, CITY OF; associate judge.......................................................................SB 279
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INDEX

2745

UNIVERSITY OF GEORGIA Athletic Ail-Americans; honor ..........................................................................................HR 819 Cheerleaders; commend .....................................................................................................HR 796 Lady Bulldog Basketball team; commend ......................................................................HR 652 Lady Bulldog Basketball team; commend ......................................................................HR 820 Lady Bulldog Golf team; honor........................................................................................HR 816 Lady Bulldog Volleyball team; honor..............................................................................HR 817
UNIVERSITY SYSTEM OF GEORGIA (See Board of Regents, University System of Georgia or Education)
UPCHURCH, SARA HINTON; recognize....................................................................HR 791
UPSON COUNTY American Association of Retired Persons, Upson County, Chapter 2258; commend ................................................................................................HR 613 Homestead exemption; certain elderly ..........................................................................HB 1766 Homestead exemption; disabled.......................................................................................HB 531 Radioactive waste repository; relative to location in certain counties .....................HR 1013 Superior court clerk; personnel and compensation .....................................................HB 1834
USED CAR DEALERS; odometer alteration; license suspension ...........................HB 1358
USED MOTOR VEHICLE PARTS DEALERS, DISMANTLERS AND REBUILDERS; out-of-state buyer .............................................................................HB 1610
USRY, WILLIAM; condolences........................................................................................HR 900

VALDOSTA, CITY OF; corporate limits .....................................................................HB 1680
VANDIVER, TOMMY; commend ...................................................................................HR 541
VEN ABLE, ALLISON; commend .................................................................................HR 1011
VENEREAL DISEASE Bathhouses; prohibit operation ......................................................................................HB 1189 Deceased persons; notice of infectious diseases..............................................................SB 387 Include AIDS.....................................................................................................................HB 1187 Marriage license; HTLV-III test; requirement ............................................................HB 1190
VENUE Georgia Ports Authority; venue in actions ......................................................................SB 338 Railroad or electric companies; certain injuries...........................................................HB 1216
VETERANS' AFFAIRS American Legion; congratulate on 67th birthday ..........................................................HR 968 Chattanooga Vietnam Era Veterans Counseling Center; recognize............................HR 898 Culver Kidd Medical Building; Joe T. Wood War Veterans Home; designate...........................................................................................................................SR 361 Medal of Honor; authorization to design and strike.....................................................HR 260 National salute to hospitalized veterans; commend VA...............................................HR 725 War Veterans Home; urge additional appropriations....................................................SR 158
VETERINARIANS Records; privileged information .....................................................................................HB 1986 Sales tax exemption; drugs used for animal husbandry.............................................HB 1678
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2746

INDEX

VETOES; communications from Governor ....................................................Pages 32, 33, 1831
VFW AND LADIES AUXILIARY; commend Belvedere Post 4706 .......................HR 678
VICKI LEE, VICKI LYNN AND THE NEW CHEROKEE ROSE; commend................................................................................................................HR 857
VICTIMS OF CRIMES Allocation of compensation - CA........................................................................................SR 22 Compensation - CA............................................................................................................HR 565 Compensation - CA.............................................................................................................SR 288 Compensation from bond fees........................................................................................HB 1380 Evidence; crime victim present in court .........................................................................HB 217 Minors; depositions ............................................................................................................HB 288 Pardons and paroles; notification of parole....................................................................HB 219 Sentencing; victim impact statement ..............................................................................HB 218
VIDALIA, CITY OF; school district; acquire real estate ...........................................HB 1833
VIDALIA ONIONS; regulate sale..................................................................................HB 1217
VITAL RECORDS Adopted persons; access to certain records ..................................................................HB 1992 Birth and death registration; fees paid by county treasurer .......................................HB 716 Birth certificate; father's signature................................................................................HB 1475
VIVIAN, DR. C.T.; commend............................................................................................HR 582
VOCATIONAL EDUCATION Handicapped persons; certain state funds......................................................................HB 339 School bus drivers; minimum salary ..............................................................................HB 1662 Vocational and technical institutions; redesignate......................................................HB 1836
VOTING (Also, see Elections) Absentee ballots; delivery to persons in hospital ..........................................................HB 210 Counties and municipalities; public facilities; voter approval - CA..............................SR 92 Deputy registrars and clerks; additional duties ..............................................................SB 490 Exit poll; prohibit within 250 feet of polling places .....................................................HB 209 Federal vote fraud investigation; urge cessation............................................................HR 738 Handicapped persons; access ..............................................................................................HB 76 Polling places; convenience .............................................................................................HB 1235 Presidential electors; amend provisions ..........................................................................HB 963 Registration; location of cards .............................................................................................SB 34 Registration places; location of cards ..............................................................................HB 208 Registration; residence requirement ..............................................................................HB 1074

w

WACO, CITY OF; development authority; extend Constitutional Amendment .....HB 1892
WALK OF FAME IN BLACKSHEAR; official state walk.......................................HR 988
WALKER COUNTY Coroner; compensation.....................................................................................................HB 1519 State court judge and solicitor; compensation .............................................................HB 1518 Superior court clerk; personnel's compensation ..........................................................HB 1517 Tax commissioner; personnel's compensation..............................................................HB 1516
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INDEX

2747

WALKER, ALICE MALSENIOR Commend.............................................................................................................................HR 984 Recognize..............................................................................................................................HR 893
WALL, JEFFREY THORPE; honor ..............................................................................HR 649
WALLACE, DENNIS; commend .....................................................................................HR 942
WALLACE, ED; commend.................................................................................................HR 789
WALLENDA, KARL; urge commission of commemorative stamp ............................HR 987
WALTON COUNTY Coroner; compensation.....................................................................................................HB 1117 Industrial building authority; extend Constitutional Amendment...........................HB 1973
WARE COUNTY Board of commissioners; compensation.........................................................................HB 1664 Board of commissioners; powers and duties;................................................................HB 2062 Coroner; compensation.....................................................................................................HB 1743 County manager; extend Constitutional Amendment.................................................HB 1665 New industry; tax levy; extend Constitutional Amendment......................................HB 1667 Sheriff and police force; powers; extend Constitutional Amendment......................HB 1666 Waycross-Ware County Development Authority; extend Constitutional Amendment .........................................................................................HB 1672
WARNER ROBINS, CITY OF Municipal court; penalties.................................................................................................HB 714 Redevelopment powers ....................................................................................................HB 1763
WARRANTS Bail bonds; terms and duration.........................................................................................SB 334 Criminal procedure; delete certain citizen posse provision..........................................HB 668 Dispossessory warrant; notary public sign affidavit....................................................HB 1275
WASHINGTON COUNTY Homestead exemption; certain elderly persons ...........................................................HB 1738 Homestead exemption; certain elderly persons ...........................................................HB 1739
WATER AND WASTEWATER Counties and municipalities; contracts for water or sewage facilities - CA................................................................................................HR 416 Counties and municipalities; water or sewage facilities; Georgia Development Authority finance - CA...........................................................HR 363 Public sewer; certain prohibitions..................................................................................HB 1424 Special sales tax; certain water and sewer projects.....................................................HB 1243 Water pollution; discharge of pollutants; permits.......................................................HB 1280
WATERS, PORTS AND WATERCRAFT Aquaculture Study Committee; create ............................................................................HR 656 Aquaculture; harvesting offish; recognize......................................................................HR 661 Boats purchased by nonresidents; sales tax exemption................................................HB 884 Campground or marine membership; right to cancel ....................................................SB 433 Coastal Zone Protection Law; provide ..........................................................................HB 1096 Counties; salt-water islands; zoning.................................................................................HB 911 Dams; costs for repair ......................................................................................................HB 1143 Georgia Ports Authority; property disposal; requirement.............................................SB 337 Georgia Ports Authority; venue in actions ......................................................................SB 338 Highways; vehicles transporting cargo to ports; special permits ..............................HB 1309 House Study Committee on Taxation of Recreational Watercraft; create................HR 685 Juvenile proceedings; certain traffic and waterways offenses; jurisdiction........................................................................................................SB 351 Lake Lanier Islands Development Authority; jurisdiction for actions.....................HB 1835
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2748

INDEX

WATERS, PORTS AND WATERCRAFT (Continued) Metropolitan rivers; environmental protection; requirement .......................................SB 317 Ports; pilotage fees...........................................................................................................HB 1242 Shore Assistance Act of 1979; amend............................................................................HB 1097 Shore Assistance Act; Coastal Marshlands Protection; amend....................................SB 450 State Port Facilities Accident Study Committee; create ...............................................HR 10 Underground Storage Tank Act; provide......................................................................HB 1145 Underwater salvage and archeology; certain items; state property............................HB 326 Vessels and Outboard Motors Titling Law; provide ...................................................HB 1248 Water pollution; discharge permits................................................................................HB 1280 Watercraft; prohibit operation while under the influence of alcoholic beverages......................................................................................................SB 316
WATSON, JOHN D. JR., M.D.; commend ...................................................................HR 841
WATSON, MRS. HAZEL; condolences ..........................................................................HR 490
WAYCROSS, CITY OF Board of education; remove certain member ...............................................................HB 1515 Downtown Waycross Development Authority; extend Constitutional Amendment .........................................................................................HB 1668 New industry; tax levy; extend Constitutional Amendment......................................HB 1671 Provide for commission ...................................................................................................HB 1670 School board; remove certain member ..........................................................................HB 1514 Water works system; extend Constitutional Amendment..........................................HB 1669 Waycross-Ware County Development Authority; extend Constitutional Amendment.........................................................................................HB 1672
WAYCROSS JUDICIAL CIRCUIT; terms of court..................................................HB 746
WAYNE COUNTY Coroner; compensation .......................................................................................................SB 359 Tax commissioner; compensation......................................................................................SB 597
WEAPONS Confiscation; official use..................................................................................................HB 1417 Criminal trespassing; private property .............................................................................SB 212 Exemption from prohibitions; certain public officials..................................................HB 572 Forced entry; justification for protecting home.............................................................HB 113 License to carry; residency requirement .......................................................................HB 1226 Penalty for theft ...............................................................................................................HB 1455 Record searches by FBI; costs........................................................................................HB 1162 Retired peace officer; weapons possession ......................................................................HB 889 Stun gun or taser; definition...........................................................................................HB 1109
WEBB, PAUL; d.b.a. Kwik Copy #206; compensate.....................................................HR 666
WEBSTER COUNTY; industrial development authority; extend Constitutional Amendment .............................................................................................HB 1849
WEIGHTS AND MEASURES Highways; projecting loads; lights or flags on vehicles .................................................HB 201 Highways; weight and load of vehicles............................................................................HB 122 Highways; weight and load of vehicles; certain permits...............................................HB 232 Motor Transit Load Limitation Study Committee; create..........................................HR 328 Motor vehicles; flat-bed carriers; length of trailers.......................................................HB 376 Motor vehicles; flat-bed carriers; length of trailers.......................................................HB 591 Semi-trailers; length.........................................................................................................HB 1605
WEITMAN, DR. RONALD EDSEL; commend..........................................................HR 753

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INDEX

2749

WELCH, LEWIS A., JR.; commend................................................................................HR 786
WELFARE (See Social Services)
WESLEYAN COLLEGE; invite president to House....................................................HR 574
WEST ROME HIGH SCHOOL; recognize....................................................................HR 549
WESTERN JUDICIAL CIRCUIT; Clarke County; staff positions.......................HB 1661
WHITE, CITY OF; mayor's court; amend provisions..................................................HB 1492
WHITENER, INVESTIGATOR BILL; commend .....................................................HR 728
WHITFIELD COUNTY; board of commissioners; members....................................HB 2006
WIGGINTON, ELIOT; invite to House; Foxfire program; recognize ........................HR 747
WILCOX COUNTY HIGH SCHOOL "PATRIOTS"; honor..................................HR 826
WILDES, LOVIE MORGAN; congratulate...................................................................HR 651
WILHOIT, SAM;condolences...........................................................................................HR 829
WILKERSON, BILL; commend ......................................................................................HR 965
WILKES COUNTY; board of education; elections and terms.....................................SB 595
WILKINSON COUNTY HIGH SCHOOL WARRIORETTES BASKETBALL TEAM; commend ..............................................................................HR 949
WILKINSON COUNTY Probate judge; compensation.............................................................................................SB 196 Sheriff; compensation and personnel ...............................................................................SB 194 Superior court clerk; compensation ..................................................................................SB 193 Tax commissioner; compensation and personnel............................................................SB 195
WILLIAMS, JOSEPH; commend....................................................................................HR 875
WILLIAMS, REVEREND HOSEA; invite to House .................................................HR 474
WILLIFORD, JULIE; commend .....................................................................................HR 540
WILLIS, MAGGIE; commend ..........................................................................................HR 854
WILLS, TRUSTS AND ADMINISTRATION OF ESTATES Banks or trust companies; transfer fiduciary responsibilities ...................................HB 1784 Estates; administrators or executors; bond ....................................................................HB 966 Estates; appraisement of property; evidence...................................................................SB 208 Estates; intestacy; deposit money .....................................................................................SB 311 Estates; surviving spouse; letter of administration .....................................................HB 1228 Estates; tax exemption; investment of property..........................................................HB 1149 Estates; tax exemption; investment of property.............................................................SB 378 Estates; year's support; determination of appraiser; eliminate...................................HB 908 Estates; year's support; sale of property...........................................................................HB 60 Fiduciaries; certain investments ........................................................................................SB 112 Guardian and ward; estate plan; minimize taxes ..........................................................HB 493 Joint tenancy; security interests; severance......................................................................HB 62 Living wills; certain forms...............................................................................................HB 1352 Living wills; certain forms..................................................................................................SB 444 Living wills; forms..............................................................................................................HB 446 Motor vehicle certificate of title; transfer by probate judge ........................................SB 331 Probate; acknowledgment of service..............................................................................HB 1324 Wills; life insurance proceeds; renunciation....................................................................SB 414

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2750

INDEX

WILLS, TRUSTS AND ADMINISTRATION OF ESTATES (Continued) Wills; notary public attest to validity ..............................................................................SB 310 Wills; probate in solemn form; beneficiaries.....................................................................SB 46 Wills; witness appear before notary public...................................................................HB 1681 Year's support; amend provisions ..................................................................................HB 1650
WILSON, HONORABLE JOE MACK; commend .....................................................HR 845
WILSON, LISA; commend ................................................................................................HR 536
WILSON, REVEREND E. J., SR.; condolences ..........................................................HR 625
WINDER, CITY OF; Barrow County Airport Authority; create ..............................HB 1845
WINE (See Alcoholic Beverages and Alcoholism)
WITNESSES Child abuse; admissible evidence .......................................................................................HB 18 Child abuse; admissible evidence .....................................................................................HB 292 Child abuse; evidence; confidentiality .............................................................................HB 383 Child abuse; hearsay evidence ........................................................................................HB 1260 General Assembly committees; subpoena witnesses....................................................HB 1195 General Assembly; standing committees; subpoena witnesses ..................................HB 1221 Joint Rules of Evidence Study Committee; create........................................................HR 823 Sexual contact; minors; hearsay evidence.......................................................................HB 289 Sexual offenses; admissible evidence; minors.................................................................HB 757 State government; legal proceedings and hearings; certain fees .................................HB 470 Teachers; jury leave; certain cases .................................................................................HB 1416 Trials; child victim or witness; videotaped deposition ...............................................HB 1086
WOMEN'S HISTORY WEEK; designate 3/2/86 .........................................................HR 739
WOODALL, FRANKLIN D.; compensate.....................................................................HR 742
WOODSTOCK, CITY OF; corporate boundaries ..........................................................SB 464
WOODY, WALTER W.; condolences ..............................................................................HR 862
WORKERS' COMPENSATION Attorney fees; assessment................................................................................................HB 1745 Benefits; define next of kin...............................................................................................HB 380 Benefits; dependents; certain limits ................................................................................HB 384 Benefits; time for payment ................................................................................................SB 163 Employees select physician ...............................................................................................HB 435 Hearings; time limitation ...................................................................................................SB 162 Municipalities; self-insurance fund; participation .......................................................HB 1482 Persons delivering newspapers; exclude........................................................................HB 1832 Reimbursement; health care providers.............................................................................SB 161 Victims of crime; administration of compensation......................................................HB 1380 Witness at hearing; prohibit discharge............................................................................HB 381 Workers' Compensation Coverage Study Committee; create .......................................SR 438
WORLD SERIES WEEK; recognize...............................................................................HR 951
WORTH COUNTY Board of education; compensation.................................................................................HB 1989 Board of education; elections..........................................................................................HB 1990

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INDEX

2751

Y

YOUTH ART MONTH IN GEORGIA; relative to....................................................HR 756 YOUTH ASSEMBLY; commend officials ......................................................................HR 750

ZIMMERMAN, KEN; President, United States Jaycees; commend..........................HR 797
ZONING Area Planning and Development Commission; certain members; election ...........................................................................................................................HB 1118 Coastal Zone Protection Law; provide ..........................................................................HB 1096 Counties and municipalities; planning and zoning powers - CA.................................HR 571 Counties; salt-water islands...............................................................................................HB 911 County officials; property interest; prohibitions ..........................................................HB 618 DeKalb County Land Use Study Commission; re-create...........................................HB 1881 Fulton County; zoning procedures ...................................................................................HB 457 Joint Land Use Planning Procedures Study Committee; create ................................HR 239 Land Use and Development Commission; create ........................................................HB 1425 Land Use Planning Procedures Study Committee; create...........................................HR 332 Liability for participation in proceedings .....................................................................HB 1389 Shore Assistance Act; Coastal Marshlands Protection; amend....................................SB 450 Zoning Procedures Law for Metropolitan Counties; provide.......................................HB 715 Zoning Procedures Law; amend provisions ..................................................................HB 1141

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PART II
HOUSE BILLS
HB 9 --Income tax credit for excessive property tax .......................................No Action HB 10 --Income tax; exclude social security or
railroad retirement ...........................................................................No Action HB 12 --Income tax; elderly or disabled; additional exemption...........................316, 751 HB 14 --Division of Youth Services; felony conviction;
HB 16 --Street address; display numbers.............................................................No Action HB 17 --Distinctive driver's license; age requirement... ................................... ..No Action HB 18 --Child abuse cases; admissible evidence .................................................No Action HB 19 --Driver's license; facial photograph .........................................................No Action HB 20 --Alcoholic beverages; identification for purchasing ..............................No Action HB 23 --Crisp County; hydro-electric bonds; extend
Constitutional Amendment ............................................................No Action HB 24 --Crisp County; electric system revenue bonds;
extend Constitutional Amendment ...............................................No Action HB 26 --Real estate; foreclosure sales; advertisement........................................No Action HB 28 --Sexual offenses; minors; priority court cases........................................No Action HB 29 --Sexual offenses; minors; certain protection ..........................................No Action HB 30 --Public housing; fraudulently obtaining; penalty ..................................No Action HB 34 --Income tax exemption; certain retirement benefits.. .......................... .No Action HB 38 --Motor vehicles; seat belts; requirement.................................................No Action HB 39 --State Boxing and Wrestling Commission; create.................................No Action HB 40 --Trains; caboose; last car...........................................................................No Action HB 41 --Trains; caboose; last car...........................................................................No Action HB 42 --Felines; inoculate against rabies .............................................................No Action HB 46 --MARTA employees; certain benefits; repeal
limitation ...........................................................................................No Action HB 47 --Insurance companies; eliminate certain tax
reduction............................................................................................No Action HB 49 --State Board of Education; health improvement
program; establish. .............................................................................. .414, 833 HB 50 --Ad valorem tax bill; attach notice of homestead
exemptions ........................................................................................No Action HB 54 --Motor Vehicle Certificate of Title; notify GBI;
certain designations .........................................................................No Action HB 57 --Motor vehicles; defensive driving course; fee .......................................No Action HB 60 --Estates; year's support; sale of property ...............................................No Action HB 62 --Joint tenancy; security interests; severance..........................................No Action HB 65 --School crossings; safety provisions ...................................................................1266 HB 66 --Motor vehicle Certificate of Title; cancellation
of certain vehicles.............................................................................No Action HB 67 --Teachers Retirement; creditable service...............................................41, 91, 779 HB 68 -- Mortgage brokers, loan agents and solicitors;

2754

INDEX

licensing.............................................................................................No Action HB 70 --Motor vehicle; towing requirements.......................................................No Action HB 71 --Dog theft; provide penalty.......................................................................No Action HB 73 --Alcoholic beverages; advertisement........................................................No Action HB 76 --Polling places; handicapped voters; access ...........................................No Action HB 79 --License plates; prisoners of war; definition ..........................................No Action HB 80 --Tax assessors; confidentiality...................................................439, 797, 841, 1045 HB 84 --Employees' Retirement; divorced retiree; options...............................No Action HB 98 --Local boards of education; communication council;
establish.......................................................................................................1451 HB 110 --Legislative Counsel; Employees' Retirement
provisions...........................................................................................No Action HB 112 --Speech-Language Pathology and Audiology; enact.............................No Action HB 113 --Forced entry; justification in protecting home.....................................No Action HB 114 --Jury duty; elderly exemption..................................................................No Action HB 116 --IRA; certain contributions; deduct from taxable
income................................................................................................No Action HB 117 --Traffic regulations; pedestrians under the
influence ............................................................................................No Action HB 118 --Driving under the influence; bail provisions;
blood content ....................................................................................No Action HB 122 --Highways; weight and load of vehicles..................................................No Action HB 123 --Railroads; underpass or overpass; public hearing................................No Action HB 127 --Counties and municipalities; land covenants; time
limitations..........................................................................................No Action HB 129 --Income tax; exclude certain retirement income...................................No Action HB 136 --Public assistance; repeal certain work programs.....................................113, 225 HB 137 --Public utilities; rate increase; restrictions.............................................No Action HB 138 --Public Service Commission; fees for operating
costs....................................................................................................No Action HB 139 --Consumers' Utility Counsel; fees for operating
costs....................................................................................................No Action HB 140 --Alcoholic beverages; prohibit sales; certain
stores ..................................................................................................No Action HB 141 --Income tax; retirement income; exemption ............................................922, 1328 HB 143 --License plates; check for fees made payable to office ........................No Action HB 145 --Sales tax; exempt food and drink...........................................................No Action HB 146 --Arrest for driving under the influence;
releasing impounded vehicle...........................................................No Action HB 147 --Legislative Services Committee; membership ......................................No Action HB 148 --Public officials; federal felony indictment;
suspension .........................................................................................No Action HB 149 --Secretary of Senate and Clerk of House; fees......................................No Action HB 150 --Elections; financial disclosure; General Assembly
candidates..........................................................................................No Action HB 151 --Legislative branch; appropriations .........................................................No Action HB 152 --Superior Court Judges Retirement; cost-of-living
adjustments...........................................................................................218, 432 HB 153 --Hazardous materials; immunity for certain
assistance ...........................................................................................No Action HB 156 --Chiropractors; scope of practice.................................................................745, 794 HB 158 --Public officials; retirement; accumulated leave....................................No Action
HB 169 --Motor vehicles; flashing signals; below speed
limits ..................................................................................................No Action
HB 175 --Parental rights; termination........................................................................374, 423
HB 176 --State patrol; interstate responsibility ....................................................No Action
HB 178 --Deeds; master forms; record....................................................................No Action

INDEX

2755

HB 179 --Traffic citation; failure to respond; license suspension .........................................................................................No Action
HB 180 --Physical therapists; disciplinary sanctions............................................No Action HB 181 --Reapportionment; House Districts 28, 34.....................................S56, 1068, 1780 HB 182 --Augusta Judicial Circuit; add judge ................................................628, 825, 2281 HB 184 --Sexual contact offenses; amend Criminal Code ...................................No Action HB 186 --Teachers Retirement; creditable service; maternity
leave...................................................................................................41,95, 780 HB 187 --Radiologists; regulate................................................................................No Action HB 192 --Development Authorities; alternative-living home ..............................No Action HB 193 --Sylvester, City of; council member; election.........................................No Action HB 195 --Alcoholic beverages; retail consumption; price
schedule; special hours ....................................................................No Action HB 196 --Emergency hospital care; pregnancy; repeal provisions......................No Action HB 197 --Internal Revenue Code; revise date .......................................................No Action HB 198 --Income tax; exclude certain retirement income ...................................No Action HB 201 --Highways; projecting loads; lights or flags............................................No Action HB 202 --Alcoholic beverages; age for purchasing................................................No Action HB 203 --Trucks or tractors; name displayed....................................................................804 HB 204 --Income tax; rate and computation .........................................................No Action HB 206 --Hazardous substances; disclosure to employees...................................1275, 1421 HB 207 --Mentally retarded persons; transfer custody........................................No Action HB 208 --Voter registration places; cards retained
temporarily ........................................................................................No Action HB 209 --Exit poll; prohibit within 250 feet polling places ................................No Action HB 210 --Absentee ballots; delivery to persons in hospital.................................No Action HB 211 --Civil practice; discovery ...........................................................................No Action HB 212 --Health insurance; group plans; cancellation ......................920, 1052, 2453, 2521 HB 213 --Mechanics' and materialmen's liens; cancellation
provision ............................................................................................No Action HB 214 --Tax digests; property on appeal .............................................................No Action HB 215 --Magistrate courts; civil claims; jurisdiction ..........................................No Action HB 216 --Income tax; dependent care assistance.........................................805, 1249, 2111 HB 217 --Evidence; crime victim; present in court ..............................................No Action HB 218 --Sentencing; victim impact statement.....................................................No Action HB 219 --Pardons and Paroles; notification of parole .........................................No Action HB 222 --Firefighter organizations; false representation.....................................No Action HB 223 --Alcoholic beverages; remove from certain locations ............................No Action HB 224 --Family violence; arrest without warrant ...............................................No Action HB 225 --Quality Basic Education Act; enact .......................................................No Action
HB 232 --Highways; weight and load of vehicles; certain permits...............................................................................................No Action
HB 233 --Physicians; provisional license; extend time.........................................No Action HB 234 --Intangible property tax; returns .............................................................No Action
HB 236 --State Chaplain and religious administrators; housing allowance ...........................................................................................No Action
HB 237 --Mentally ill persons; sterilization ...........................................................No Action HB 238 --MARTA; add member to Board.............................................................No Action HB 241 --Municipal court judges; residency requirements .................................No Action
HB 242 --Retail installment contracts; time price differential .........................................................................................No Action
HB 243 --Housing authorities; number of commissioners ...................................No Action
HB 245 --Elections; counterfeiting ballots; felony ................................................No Action
HB 246 --Child custody; rights of child; age..........................................................No Action
HB 248 --Death penalty; date of execution............................................................No Action
HB 249 --Post-mortem Exam; removal of pituitary glands.................................No Action
HB 251 --Teachers Retirement System; computing average

2756

INDEX

compensation..................................................................................41, 170, 865 HB 253 --Stables; regulate........................................................................................No Action HB 258 --Public Retirement systems; certain crimes;
restrict membership.........................................................................No Action HB 259 --Teachers Retirement System; certain teachers;
decline membership.........................................................................No Action HB 260 --Public officials and employees; retirement; accumulated
leave....................................................................................................No Action HB 261 --Burning leaves on personal property; restriction.................................No Action HB 262 --Handicapped children; special education services...............................No Action HB 263 --Handicapped children; special education services;
expenses.............................................................................................No Action HB 264 --Fireworks; regulate sale.........................................................684, 1654, 2583, 2586 HB 268 --Public emergency medical technicians;
indemnification .................................................................................No Action HB 269 --Agricultural Commodity Commission for Peanuts;
membership.......................................................................................No Action HB 272 --Insurers; mail-order business; advertisements......................................No Action HB 276 --No-Fault insurance; reduce benefits; certain
health plans.......................................................................................No Action HB 279 --Branch banking; limited purpose bank; define ....................................No Action HB 280 --Corporations; articles of incorporation;
publication of merger ......................................................................No Action HB 283 --Offender Rehabilitation; diversion centers;
placement restrictions.....................................................................No Action HB 284 --Schools; age of enrollment.......................................................................No Action HB 285 --Commercial fishermen; crab bait; sales tax
exemption ..........................................................................................No Action HB 286 --Motor vehicles; taxation; prorated registration
fee .......................................................................................................No Action HB 287 --License plates; staggered registration ....................................................No Action HB 288 --Victims of crime; depositions; minors....................................................No Action HB 289 --Sexual contact; minors; hearsay evidence.......................................!78, 203, 1043 HB 291 --Alcoholic beverages; prohibit certain conduct on
premises where sold .........................................................................No Action HB 292 --Child abuse cases; admissible evidence .................................................No Action HB 293 --Teachers Retirement System; falsifying records;
penalty ...............................................................................................No Action HB 294 --Teachers Retirement System Nominating Committee;
meetings.............................................................................................No Action HB 296 --Employees' Retirement System; falsifying records;
penalty ...............................................................................................No Action HB 300 --Trial Judges and Solicitors Retirement Fund; certain
creditable service..............................................................................No Action HB 302 --Employees' retirement; certain military service;
credit................................................................................................41, 331,629 HB 307 --Alias tax executions; issuance .................................................................No Action HB 308 --County Probation Systems; merge with state;
employee benefits.............................................................................No Action HB 310 --Abortions; certain minors or incompetent persons;
notices......................................................................................!212, 1645,2600 HB 315 --Child custody; age of child to select parent .........................................No Action
HB 317 --Alcoholic beverages; retail sales; minors on
premises .............................................................................................No Action
HB 318 --Sheriffs' Retirement Fund; benefits; fee in civil
cases...............................................................................................41, 402, 1225
HB 326 --Underwater salvage and archeology; certain items;

INDEX

2757

state property....................................................................................No Action HB 328 --School superintendents; qualifications .............................1211, 1414, 2100, 2140 HB 329 --Physical therapy; programs of treatment..............................................No Action HB 332 --Employees' Retirement System; provisions relating
to spouse ............................................................................................No Action HB 333 --Teachers Retirement; provisions relating to spouse............................No Action HB 334 --Public School Employees' retirement; provisions
relating to spouse .............................................................................No Action HB 335 --Lookout Mountain Judicial Circuit; add judge........................................415, 707 HB 336 --Motor vehicle emission inspection; fees ................................................No Action HB 337 --State lottery; provide................................................................................No Action HB 338 --Teachers Retirement System; beneficiaries; minimum
allowance...........................................................................................41, 79, 373 HB 339 --Vocational education; handicapped; certain state
funds...................................................................................................No Action HB 344 --Sheriffs; qualifications.....................................................................856, 1051, 2280 HB 345 --Teachers; certain leave; creditable service ...................................41, 76, 374, 907 HB 347 --Hospital authorities; audit certain information
report..................................................................................................No Action HB 348 --Retirement funds; certain South African
investments; prohibit.......................................................................No Action HB 349 --State funds; certain South African investments;
prohibit ..............................................................................................No Action HB 350 --Schools; silent prayer or meditation ......................................................No Action HB 351 --Computer and technical equipment; donation to school;
tax credit ...........................................................................................No Action HB 352 --Ad valorem tax assessment; existing use...............................................No Action HB 353 --Insurance fraud; definition......................................................................No Action HB 354 --Public Service Commission; fee for operating costs ............................No Action HB 355 --Superior Court judges; retirement age..................................................41, 74, 373 HB 356 --Piedmont Judicial Circuit; add judge....................................................No Action HB 359 --Suspended driver's license; certain conviction;
probation ...........................................................................................No Action HB 360 --Conditional driver's license; minors; waive
certain requirements........................................................................No Action HB 361 --Alcohol and drug safety course; minors; repeal certain
provisions...........................................................................................No Action HB 363 --Estates; partition of property .....................................................................315, 717 HB 364 --Motor vehicle insurance; towing and storage charges;
certain policies..................................................................................No Action HB 365 --Peace Officers' Annuity and Benefit Fund; benefits......................41, 276, 1225 HB 367 --Income tax; joint returns; computation.................................................No Action HB 376 --Motor vehicles; flat-bed carriers; length of
trailers................................................................................................No Action HB 377 --Child custody; parental agreement..............................!78, 280, 1633, 2140,2221,
2267, 2285, 2476, 2606 HB 379 --Elections; indicate incumbent on ballot............................................................374 HB 380 --Workers' Compensation benefits; define next of kin ..........................No Action HB 381 --Workers' Compensation; witness at hearing; prohibit
discharge............................................................................................No Action HB 382 --Conditional driver's license; suspension; limited
permit.................................................................................................No Action
HB 383 --Child abuse; evidence; confidentiality ...................................................No Action
HB 384 --Workers' Compensation benefits; dependents;
certain limits .....................................................................................No Action
HB 385 --Child abuse; prosecution; time limitation.............................................No Action
HB 386 --Public School Employees' Retirement; 40 years

2758

INDEX

service.................................................................................................No Action HB 387 --Southern Regional Education Compact; admit
Oklahoma...........................................................................................No Action HB 389 --Litter control; poultry feathers...............................................................No Action HB 390 --Death penalty; eliminate..........................................................................No Action HB 391 --Teachers Retirement System; certain personnel
elect membership.............................................................................41, 76, 864 HB 394 --Public officials; retirement; accumulated leave....................................No Action HB 395 --Forsyth County; homestead exemption; elderly ..................................1293, 1314 HB 396 --Legislative Retirement; creditable service;
General Assembly members............................................................No Action HB 397 --Superior Court Judges' Retirement; provisions
relating to spouse...........................................................................41, 93, 1225 HB 400 --Motor vehicles; prorated registration
fee.......................................................................................................No Action HB 401 --License plates; staggered registration....................................................No Action HB 403 --DeKalb County; medical examiner; extend
Constitutional Amendment ............................................................No Action HB 405 --Teachers Retirement; certain former teachers;
membership.......................................................................................No Action HB 406 --Health spas; bond.....................................................................................No Action HB 408 --Income tax returns; fraud; penalty ........................................................No Action HB 410 --Municipal annexation; additional method ............................................No Action HB 414 --Alcoholic beverage; consumption while driving .....................................415, 1661 HB 415 --Augusta Employees' Retirement; part-time employees ......................No Action HB 416 --Teachers Retirement; reinstate membership ...................................41, 170, 1043 HB 417 --Employees' Retirement; county tax officials
and employees...................................................................................No Action HB 418 --Department of Administrative Services;
Fiscal Division director; appointment...........................................No Action HB 422 --Employees' Retirement; county probation system;
options..............................................................................................41, 131,866 HB 423 --Teachers Retirement; contributions by local units.................................179, 677 HB 424 --Child custody; shared parental responsibility......................................No Action HB 426 --Public Retirement Systems; membership; certain
prohibitions.......................................................................................No Action HB 427 --Educational personnel; sick leave; personal
reasons ...............................................................................................No Action HB 428 --Alimony; revise provisions.......................................................................No Action HB 429 --Dispossessory proceedings; landlord store personal
property .............................................................................................No Action HB 435 --Workers' Compensation; employees select physician..........................No Action HB 439 --Unopposed candidates; omit names from ballot..................................No Action HB 440 --Candidate lists; time for posting ........................................................................208 HB 441 --Nonpartisan primary; separate ballot....................................................No Action HB 442 --Elections; primary date............................................................................No Action HB 444 --Child custody; home investigations; contested
cases....................................................................................................No Action HB 445 --Child custody; interviews with child......................................................No Action HB 446 --Living wills; forms.....................................................................................No Action HB 449 --Gasoline marketing practices; retail sales .............................................No Action HB 450 --Coal pipeline companies; eminent domain............................................No Action
HB 453 --County commissioner; certain counties; minimum
salary......................................................................................................273, 656
HB 454 --Health insurance providers; requirements............................................No Action
HB 455 --Motor vehicles; flashing or revolving red lights...................................No Action
HB 457 --Fulton County; zoning procedures .........................................................No Action

INDEX

2759

HB 458 --Municipal courts; jurisdiction; shoplifting............................................No Action HB 459 --Theft by shoplifting; municipal courts..................................................No Action HB 460 --State Patrol Disciplinary Board; provisions...................................265, 466, 1464 HB 466 --Law enforcement; marking on vehicles ................................629, 843, 1852, 2003 HB 470 --State government; legal proceedings and hearings;
certain fees ........................................................................................No Action HB 473 --Fulton County; indigent defense............................................................No Action HB 476 --State Board of Massage; establish .........................................................No Action HB 477 --Counties; certain occupational tax; levy.................................316, 710, 930, 1134 HB 479 --Biomass; sales tax exemption..................................................................No Action HB 480 --Trapping; highways; certain prohibitions..............................................No Action HB 481 --Insurance companies and agents; contracts ..........................................No Action HB 487 --Indigent pregnant women; cost of health care .....................................No Action HB 489 --Alcoholic beverages; consumption while driving..................................No Action HB 490 --Correctional Industries Authority; create .............................................No Action HB 492 --Public officials; employment and financial disclosure
form; file ............................................................................................No Action HB 493 --Guardian and ward; estate plan; minimize taxes....................H2, 173, 296, 927 HB 496 --Driving under the influence accidents; serious
injuries; penalty ................................................................................No Action HB 497 --Atlanta-Fulton County Recreation Authority;
provisions...........................................................................................No Action HB 499 --Child custody cases; court jurisdiction..................................................No Action HB 500 --Crimes and offenses; interference with custody;
penalty ...............................................................................................No Action HB 505 --Peace Officers' Annuity and Benefit Fund; certain
Public Service Commission employees; membership .................No Action HB 509 --Ad valorem tax; homestead exemption; certain
disabled veterans.............................................................H3, 204, 1293, 1322 HB 510 --Columbus-Muscogee County; school district; extend
Constitutional Amendment.........................................................................319 HB 513 --Muscogee County; health department; extend
Constitutional Amendment.........................................................................319 HB 514 --Columbus Airport Commission; extend Constitutional Amendment............320 HB 515 --Columbus Building Authority; extend Constitutional Amendment..............320 HB 516 --Columbus-Muscogee County Port Development Commission;
extend Constitutional Amendment ...........................................................320 HB 517 --Muscogee County Industrial Development Authority;
extend Constitutional Amendment ...........................................................320 HB 518 --Columbus-Muscogee County; consolidation; extend
Constitutional Amendment.........................................................................320 HB 520 --Columbus, City of; certain bonds; extend
Constitutional Amendment.........................................................................320 HB 521 --Muscogee County; certain funds; extend
Constitutional Amendment.........................................................................320 HB 522 --Muscogee County; revenue bonds; extend
Constitutional Amendment.........................................................................321 HB 523 --Muscogee County School District; tax exemption;
extend Constitutional Amendment ...........................................................321 HB 524 --Muscogee County; certain tax exemption; extend
Constitutional Amendment.........................................................................321 HB 525 --Muscogee County; homestead exemptions; extend
Constitutional Amendment.........................................................................321
HB 526 --Muscogee County; ad valorem tax; extend
Constitutional Amendment.........................................................................321
HB 527 --Muscogee County; ad valorem taxation; extend
Constitutional Amendment.........................................................................321

2760

INDEX

HB 528 --Muscogee County; certain tax exemption; extend Constitutional Amendment.........................................................................321
HB 529 --Columbus, City of; Charter Review Commission; extend Constitutional Amendment ...........................................................322
HB 531 --Upson County; homestead exemption; disabled ..................................No Action HB 534 --Motor vehicles; tire covers; requirement ...............................................No Action HB 540 --Juvenile courts; traffic offenses;
jurisdiction .............................................................265, 714, 1083, 1418, 2560 HB 545 --Driver's license suspension; foreign judgments ....................................No Action HB 547 --Dawson County; license fees; unincorporated area....... ..................... ..No Action HB 549 --Transportation, Department of; contract; one bid ..............................No Action HB 552 --Teachers Retirement; creditable service; certain
private schools ..................................................................................No Action HB 555 --Trucks and tractors; display name; certain
exceptions .................................................................................804, 1050, 1780 HB 556 --Indigent Health Care Provider Reimbursement
Fund; create ......................................................................................No Action HB 561 --Hospital; indigent pregnant women; county of
residence ............................................................................................No Action HB 565 --State Defense Force; name changed ......................................................No Action HB 568 --Education; school security personnel; powers............................!211, 1638, 2283 HB 569 --County Board of education; chairman's term ......................................No Action HB 571 --Uniform rules of the road; amend provisions.......................................No Action HB 572 --Weapons; exemptions; certain public officials......................................No Action HB 573 --Long-term care facilities; covered entranceway ...................................No Action HB 574 --Income tax; exclude certain retirement income ...................................No Action HB 575 --Campaign funds; prohibit personal use.................................................No Action HB 585 --Compensation of certain state officials; amend ...................................No Action HB 586 --Handicapped children; standard of care ...............................................No Action HB 591 --Motor vehicles; flat-bed carriers; length of
trailers................................................................................................No Action HB 595 --Ad valorem tax returns; appeal notices; form ....................... 113, 194, 930, 1135 HB 610 --Motor carriers; exclusion; mobile homes or
manufactured housing .....................................................................No Action HB 612 --Employees' Retirement System; transfer juvenile
detention service..............................................................................41, 78, 864 HB 613 --Collins, City of; mayor; term...................................................................No Action HB 615 --Breast cancer treatments; distribution of
HB 618 --Zoning prohibitions; County officials; property interest ..............................................................................................62, 97,459
HB 619 --Vintage license plates; historical vehicles .............................................No Action HB 620 --Juvenile Courts; access to records; certain school
officials...............................................................................................No Action HB 631 --Civil practice; consolidation of actions ..................................................No Action HB 633 --Mechanics' and materialmen's liens; real estate
appraisals...........................................................................................No Action HB 637 --Cherokee Judicial Circuit; District Attorney's investigator;
compensation ....................................................................................No Action HB 638 --Fire department; definition.....................................................................No Action HB 639 --EMC; satellite television systems...........................................................No Action HB 641 --Hospital authorities; two local governments;
membership.......................................................................................No Action
HB 642 --Counties and municipalities; urban enterprise zones; provide ...............................................................................................No Action
HB 644 --Underground storage tanks; registration...............................................No Action HB 648 --Credit unions; secure funds.........................................................................l78, 204

INDEX

2761

HB 649 --Financial institutions; counties and municipalities; occupation tax...................................................................................No Action
HB 651 --Magistrates; practice in own court; restrictions...................................No Action HB 652 --Magistrates; full-time and part-time; number and term....................No Action HB 666 --Employees' Retirement; Supreme Court Justices and Court
of Appeals Judges; optional benefits............................................41, 73, 780 HB 668 --Criminal procedure; delete certain citizen
posse provision..................................................................................No Action HB 669 --Criminal procedure; arrest; probable cause hearing............................No Action HB 685 --Handicapped persons; access to public facilities;
certain exemptions...........................................................................No Action HB 687 --Income tax; teachers; credit for certain expenses................................No Action HB 688 --Pharmacists; continuing education ........................................................No Action HB 689 --County boards of health; membership; appointment..........................No Action HB 690 --Motor vehicles; child restraint; exceptions ...........................................No Action HB 693 --Emergency Management Division; Department of Defense;
executive director .............................................................................No Action HB 694 --Corporations; income tax credit; library rental....................................No Action HB 696 --Insurance; health care providers; contracts ..........................................No Action HB 699 --Child custody; shared parental responsibility......................................No Action HB 700 --Trains; municipalities; speed limits .......................................................No Action HB 705 --Transportation, Department of; contracts; one bid ............................2116, 2210 HB 706 --Driving under the influence; penalty provisions ..................................No Action HB 708 --Sexual offenses; victim of rape; spouse .................................................No Action HB 713 --Fulton County; conflicts of interest; zoning
changes...............................................................................................No Action HB 714 --Warner Robins, City of; municipal court; penalties............................No Action HB 715 --Zoning Procedures Law for Metropolitan Counties;
provide ...............................................................................................No Action HB 716 --Birth or Death registration; fees paid by county
treasurer.............................................................................................No Action HB 717 --Campaigns; persons receiving certain compensation;
prohibit activities.............................................................................No Action HB 718 --Income tax; motor carrier operating authorities..................................No Action HB 724 --Interstate banking; include Arkansas ....................................................No Action HB 725 --Postsecondary Educational Authorization Act; fine
arts colleges; exemption.............................................................................1211 HB 732 --Certain proprietary institutions; student
incentive grants ................................................................................No Action HB 734 --Macon-Bibb County; consolidated government;
provide ...............................................................................................No Action HB 736 --MARTA; labor relations officer; appoint..............................................No Action HB 738 --Improvements to certain residential structures;
recovery for deficiency.....................................................................No Action HB 746 --Waycross Judicial Circuit; superior court; term ..................................No Action HB 748 --Criminal procedure; bond; conditional release from
liability......................................................................41, 130, 1044, 1129, 1294 HB 753 --Sales tax; certain farmers; exemption....................................................No Action HB 754 --Public Service Commission; ex parte communications;
certain prohibitions..........................................................................No Action HB 757 --Sexual offenses; admissible evidence; minors.......................................No Action HB 763 --Income tax; certain retirement income; exemption .............................No Action
HB 765 --Income tax credits; child care, household and
dependent care expenses.............................................................................266
HB 766 --Henry County; excise tax; racetracks and
activities; unincorporated area.......................................................No Action
HB 773 --Henry County; probate judge; nonpartisan election ...........................No Action

2762

INDEX

HB 775 --Cigar tax; rate.....................................................................................113, 169, 1290 HB 777 --Personal care homes; permits .................................................................No Action HB 779 --Teachers Retirement System; certain creditable
military service...............................................................................41, 95, 1464 HB 784 --Schools; maximum enrollment age.........................................................No Action HB 786 --Garnishment summons; defendant's social security
number...............................................................................................No Action HB 787 --Secretary of State; printing of maps.................................................208, 396, 864 HB 788 --State employment; interdepartmental transfer...................456, 824, 1852, 2013 HB 789 --Civil practice; renewal after dismissal...................................................No Action HB 790 --Invasion of privacy; automated telephone sales......................................112, 168 HB 792 --Driving under the influence; bail prohibitions.....................................No Action HB 795 --Private detectives and private securities; license;
amend provisions.......................................................................207, 392, 1043 HB 796 --Court proceedings; broadcast or televise...............................................No Action HB 797 --Highways; private driveways; delete certain
prohibitions.................................................................................................1085 HB 799 --Chatham County; superior court clerk and sheriff;
compensation....................................................................................No Action HB 800 --Chiropractic schools and colleges; accreditation;
amend provisions..............................................................................No Action HB 806 --Habersham County; school tax exemption; elderly or
disabled; extend Constitutional Amendment........................776, 923, 1223 HB 810 --Sales tax exemption; machinery and equipment;
research..............................................................................................No Action HB 811 --Hospital cost containment; provide.......................................................No Action HB 812 --Law Enforcement Officers' Rules and Procedures
Act; enact...........................................................................................No Action HB 815 --Run-off elections; time for holding........................................................No Action HB 816 --Elections; special primaries; time for holding ......................................No Action HB 820 --Fulton and DeKalb Counties; annexation; certain areas;
population classification..................................................................No Action HB 821 --Augusta, City of; council; amend provisions.........................................No Action HB 824 --Fulton County; competitive bids; change
provisions; population classification..............................................No Action HB 826 --Applied psychology; education requirements.......................................No Action HB 828 --Sheriffs' Retirement; death benefits ...................................................41, 173, 865 HB 829 --Income tax exemption; certain retirement income;
elderly ................................................................................................No Action HB 830 --Income tax credit; contributions to certain
educational organizations................................................................No Action HB 831 --Prisoners; first offenders; treatment during
confinement.......................................................................................No Action HB 835 --Richmond County; police and sheriffs departments;
referendum........................................................................................No Action HB 840 --Property; deeds to secure debt; cancellation ................................178, 617, 1631,
1675, 1781, 1810, 1854, 2260, 2289 HB 845 --Tax returns; fraud; penalties...................................................................No Action HB 846 --Raccoon dealers; license fees............................................................217, 696, 1044 HB 847 --Auctioneers; nonresidents; licensing........................................................921, 1434 HB 848 --Death penalty; lethal intravenous infusion...........................................No Action HB 849 --Public School Employees' Retirement; increase benefits...................No Action
HB 850 --Georgia Occupational Regulation Review Advisory Council;
establish...........................................................................356, 647, 1783, 1805,
1853, 1867, 2042, 2471, 2606
HB 852 --Alpharetta, City of; corporate limits......................................................No Action
HB 858 --Local government audits; comply with federal

INDEX

2763

requirements...............................................................................456, 757, 1093 HB 859 --Local boards of education; organization;
provide by local law.........................................................................No Action HB 867 --Counties; board of commissioners; provide...........................................No Action HB 873 --Developmentally disabled persons; habilitation...................................No Action HB 874 --Electric utility; new construction; certification
of need ...............................................................................................No Action HB 875 --Mortgage Loan Company and Loan Broker Act; enact......................No Action HB 883 --State revenue commissioners; compensation........................................No Action HB 884 --Sales tax exemption; boats purchased by
nonresidents ......................................................................................No Action HB 886 --Firefighter; transfer of certification .......................................................No Action HB 888 --Professional Practices Commission; membership................................No Action HB 889 --Weapons; possession; retired peace officer;
certain exceptions..........................................................856, 1370, 2138, 2172 HB 892 --Grandparents; visitation rights...............................................................No Action HB 904 --Clinical laboratory technicians; function under
certain supervision ...........................................................................No Action HB 906 --City of Islands; incorporate.......................................................................688, 1585 HB 908 --Estates; year's support; determination of
appraiser; eliminate.........................................................l92, 717, 1851, 2141 HB 911 --Counties; salt-water islands; zoning.............................................................62, 117 HB 914 --Ad valorem tax; mobile homes; designation .........................................No Action HB 918 --Trademarks or service marks; wrongful manufacture;
penalty ...............................................................................................No Action HB 922 --Intangible personal property; ad valorem tax
exemption ..........................................................................................No Action HB 923 --Fulton County; commissioners; chairman's election............................No Action HB 924 --Trademarks or service marks; counterfeit goods;
ex parte seizure.................................................................................No Action HB 925 --Income tax; computation.........................................................................No Action HB 926 --"Law Enforcement Officer Appreciation Day";
designate ............................................................................................No Action HB 931 --Bryan County; license fees; unincorporated area.................................No Action HB 932 --Driver's license; unlawful use; contraband............................................No Action HB 934 --Crimes and offenses; baiting an animal ..................................................775, 1371 HB 936 --Alcoholic beverages; underage buyer; arrest by
retailer............................................................................................................415 HB 938 --Garnishments; federal courts; continuance...........................................No Action HB 939 --Elections; straight party ballots; amend
provisions...........................................................................................No Action HB 942 --DeKalb County; Board of Registrations and Elections;
population classification..................................................................No Action HB 945 --Distilled spirits; excise tax; amend provisions......................................No Action HB 962 --Medical information; release by physicians.........................................!600, 1667,
2453, 2529 HB 963 --Elections; voting for presidential electors.............................................No Action HB 966 --Estates; administrators and executors; bond........................................No Action HB 967 --Chatham County Recorder's Court; judges'
compensation ....................................................................................No Action HB 968 --House of Representatives; reapportion certain
district................................................................................................No Action
HB 969 --Educational grants and loans; draft registration....................................191, 429, 1226, 1311
HB 972 --Prescription drugs; warning label, nutritional
deficiencies ........................................................................................No Action
HB 983 --Colquitt County; commissioners; elections ...........................................No Action

2764

INDEX

HB 991 --Chatham County; state court judges; compensation ...........................No Action HB 1004 --Carroll County Government Authority Study
Commission; create..........................................................................No Action HB 1005 --Cherokee County; board of commissioners; elections ............................629, 630,
1863, 1921 HB 1007 --Development authorities; office building
facilities; description........................................................................No Action HB 1008 --Chatham County Hospital Authority; membership;
prohibitions .......................................................................................No Action HB 1021 --Driving under the influence; chemical tests;
admissibility......................................................................................No Action HB 1022 --Self-service gasoline retailers; required services ..................................No Action HB 1023 --Hospital authorities; terms......................................................................No Action HB 1030 --Income tax; deduction; individual retirement
account...............................................................................................No Action HB 1034 --Tax Officials' Retirement Fund; create.................................................No Action HB 1041 --Utility Contractors; licensing ..................................................................No Action HB 1042 --Social work; license requirement ............................................................No Action HB 1043 --Animals; owners' liability for damages..................................................No Action HB 1046 --Fulton County; commissioners; chairman's election............................No Action HB 1047 --Juries; charges and instructions in writing...........................................No Action HB 1060 --Presidential Library State Park Enabling Law;
enact ...................................................................................................No Action HB 1064 --Clayton County; juvenile court judge; compensation..........................No Action HB 1066 --Motor vehicles; transporting hay bales; weight limits ...........................207, 430,
1293, 1320
HB 1073 --Sales tax exemption; vending machines; certain property .............................................................................................No Action
HB 1074 --Elections; voter registration; residence requirement............................................................................1600, 1679, 2112
HB 1079 --DeKalb County; probate judge and superior court clerk; compensation .........................................................................No Action
HB 1086 --Trials; child victim or witness; videotaped deposition ..........................................................................................No Action
HB 1087 --Criminal cases; child victim or witness; speedy trial ..........................No Action HB 1089 --DeKalb County; junior college; extend
Constitutional Amendment ............................................................No Action HB 1090 --Electric utility; new construction; certification
of need ...............................................................................................No Action HB 1092 --Child abuse; reporting requirements......................................................No Action HB 1093 --Pecan dealers; certain information; record ...........................................No Action HB 1096 --Coastal Zone Protection Law; provide...................................................No Action HB 1097 --Shore Assistance Act of 1979; amend ....................................................No Action HB 1100 --Organized militia; officers occupy certain positions......................................2124 HB 1103 --Fannin County; board of registrations and
elections.................................................................................................!!?, 165 HB 1104 --Dougherty County; board of education; election .................................No Action HB 1105 --Special license plates; deceased POW's spouse;
eligibility.....................................................................................264, 438, 1044 HB 1106 --Motor vehicles; POW's; ad valorem tax exemption.............................No Action HB 1107 --Child Abuse Action Fund; establish......................................................No Action HB 1108 --Income tax refunds; setoff collections; claimant
agencies..............................................................................................No Action
HB 1109 --Firearms; stun gun or taser; defmition.................................629, 828, 2063, 2169
HB 1110 --Appearance bonds; minimum assets of sureties...................................No Action
HB 1111 --Income tax credits; conservation tillage equipment............................No Action
HB 1112 --Insurance Premium Finance Company Act; amend

INDEX

2765

provisions...........................................................................................No Action HB 1113 --Bibb County; board of education; compensation................................42, 42, 271 HB 1114 --Rabies inoculation; cats ...........................................................................No Action HB 1115 --Hall County; ad valorem tax exemption; elderly ..........................629, 634, 1092 HB 1116 --Gainesville, City of; ad valorem tax exemption;
elderly..........................................................................................629, 636, 1092 HB 1117 --Walton County, coroner; compensation.............................................................779 HB 1118 --Area Planning and Development Commission; certain
members election..............................................................................No Action HB 1119 --Chatham County-Savannah; board of education;
election ...............................................................................................No Action HB 1120 --Judgments; interest............................................................................315, 437, 1044 HB 1121 --Nonmedical health care practitioners; licensing ..................................No Action HB 1122 --Superior Court Judges Retirement System; amend
provisions...........................................................................................No Action HB 1123 --Libel; visual or sound broadcast; evidence ...........................................No Action HB 1124 --Deceptive practices; unfair to bill for goods not
delivered ............................................................................................No Action HB 1125 --Insurers; domiciled in another state; exams .........................................No Action HB 1126 --Automobile warranties; requirement......................................................No Action HB 1127 --Legislative Education Research Council; change
name to House Research Council......................................................l79, 204 HB 1128 --Hunting and fishing; honorary licenses; certain
veterans .........................................................................................217, 674, 695 HB 1129 --Income tax exemption; certain social security or
railroad retirement benefits............................................................No Action HB 1130 --DeKalb County; citizens' zoning counsel; create...................................32, 89, 89 HB 1131 --State contracts; progress payments; contractors................................................32 HB 1132 --Laurens County; board of education; elections.............................32, 63, 63, 166 HB 1133 --Habersham County; board of education; certain
funds; extend Constitutional Amendment ............................32, 63, 63, 166 HB 1134 --Out-of-state bank holding companies; acquisition of banks ............................32 HB 1135 --State agencies; estimates of supplies and services;
availability .......................................................................................................32 HB 1136 --Cooperative Associations; regulation....................................................................32 HB 1137 --Registered agents or employers; reports; file with
Secretary of State...........................................................................................32 HB 1138 --DeKalb County; zoning changes; conflicts of
interest ................................................................................................32, 63, 63 HB 1139 --State Board of Electrologists; create....................................................................32 HB 1140 --Supplemental appropriations; FY 1985-86.............................17, 40, 41, 65, 218,
223, 231, 248, 278, 301, 303 HB 1141 --Zoning Procedures Law; amend provisions ..................................................17, 40 HB 1142 --Georgia Environmental Facilities Authority; create...................................17, 40,
207, 284, 864 HB 1143 --Dams; grants for repair...........................................................l7, 40, 207, 286, 927 HB 1144 --Hazardous waste; claims against guarantor; jurisdiction...........................17, 40,
207, 287, 1226 HB 1145 --Georgia Underground Storage Tank Act;
provide ......................................................................................17, 40, 207, 287 HB 1146 --Civil actions; groundless claims; attorney's fees.................................18, 40, 178,
222, 1463, 1581, 1633, 1676, 1751, 2502, 2607
HB 1147 --Retired Teachers' Day; designate........................................!8, 40, 179, 431, 1093
HB 1148 --Children's Services Commission; create........................................................18, 40
HB 1149 --Estates; tax exemption; investment of property ................................18, 40, 178,
222, 1224, 1308
HB 1150 --Appeals; certain child custody cases; application........................................18, 40

2766

INDEX

HB 1151 --Trespass battery; provide penalty for crime ................................................18, 40 HB 1152 --Boards of health; certain counties; unclassified
personnel....................................................................-..............19, 40, 207, 382
HB 1153 --Controlled substances; certain permits to distribute; suspension................................................!9, 40, 178, 222, 927
HB 1154 --Criminal cases; change sentence; time limitation.......................................19, 40, 217, 434, 2281
HB 1155 --Prosthesis; sales tax exemption ......................................................................19, 40 HB 1156 --Stone Mountain Judicial Circuit; add judge.......................................!9, 40, 415,
830, 1851, 2017
HB 1157 --Local governments; failing to observe Martin Luther King holiday; prohibit state grants .........................................19, 40
HB 1158 --Controlled substances; change list............................20, 40, 264, 723, 1292, 1399 HB 1159 --Physicians; dispensing drugs; records.................................20, 40, 855, 941, 1465 HB 1160 --Controlled substances; regulate drug samples..............................................20, 40 HB 1161 --Cherokee County; board of education; appoint chairman..........................20, 40 HB 1162 --Firearms; record searches by FBI; costs......................................20, 40, 265, 615,
1227, 1308, 1471, 1809, 1854, 2273, 2289 HB 1163 --Transfer students; extra-curricular activities;
eligibility ...................................................................................20, 40, 414, 753 HB 1164 --Lotteries; nonprofit corporations; authorization..........................................20, 40 HB 1165 --Oxygen prescription; sales tax exemption.....................................................21, 40 HB 1166 --Oglethorpe County; board of education; districts.......................................21, 40,
89, 89, 166 HB 1167 --Elbert County; board of education; recreate...........................21, 40, 89, 89, 271
HB 1168 --Oglethorpe County; board of commissioners; create.....................................................................................21, 40, 89, 90, 166
HB 1169 --Securities dealers; regulate...................................................21, 40, 628, 934, 1850 HB 1170 --Notaries public; amend provisions................................................................^!, 40 HB 1171 --Misbranded foods; tags or markings.......................................22, 40, 88, 123, 274 HB 1172 --Livestock; control of infectious diseases; definitions .................................22, 40,
88, 124, 374 HB 1173 --Cosmetology, State Board; termination ...............................22, 40, 165, 199, 690 HB 1174 --Registered Professional Sanitarians, Board of;
continuation......................................................................................22, 40, 264 HB 1175 --State Board of Physical Therapy; continuation .................................22, 40, 165,
195, 1224 HB 1176 --State Board of Examiners of Psychologists; continuation ........................22, 40,
347, 699, 1629, 1748
HB 1177 --State Board of Nursing Home Administrators; continuation........................................................22, 40, 165, 197, 1293, 1395, 2094, 2118, 2211, 2481, 2606
HB 1178 --Quality Basic Education Act; amend provisions..........................................23, 40 HB 1179 --Elderly or disabled; homestead exemption...................................................23, 40 HB 1180 --Elderly or disabled; homestead exemption...................................................23, 40 HB 1181 --Hair care and cosmetic products; prohibit certain sales...........................23, 40,
628, 1021, 1048 HB 1182 --Adult, Community, and Continuing Education Coordinating
Council; create..........................................................................................23, 40 HB 1183 --Motor vehicle registration; require emission
verification form.......................................................................................24, 40 HB 1184 --Attorneys; contingency fees.............................................................................24, 40
HB 1185 --Civil practice; dismissal of actions..................................24, 40, 1600, 1670, 2600
HB 1186 --Torts; Civil Justice Reform; amend Code...................................24, 40, 315, 333,
1782, 1803, 1853, 1993, 2100
HB 1187 --Venereal diseases; include AIDS ...................................................24, 40, 628, 871
HB 1188 --Teachers; test exemptions ...............................................................................25, 40

INDEX

2767

HB 1189 --Bathhouses; prohibit operation .........................................25, 40, 628, 1259, 1850 HB 1190 --Marriage license; HTLV-III test; require .....................................................25, 40 HB 1191 --State Boxing Commission; repeal certain provision ............................25, 40, 88,
125, 2099, 2144 HB 1192 --Health Planning Agency; certificate of need; certain
exemption ..................................................................25, 40, 88, 129, 477, 655 HB 1193 --Counties; civil service system; provide...............................25, 40, 207, 393, 1364 HB 1194 --Sexual exploitation of children; reports by
film proceasors..........................................................................................26, 40 HB 1195 --General Assembly; committees; subpoena witnesses...................................26, 40 HB 1196 --Intangible tax; international insurance business;
definition ...................................................................................................26, 40 HB 1197 --County boards of education; sales; certain exceptions ..............................26, 40,
414, 696 HB 1198 --Cocaine; possession, trafficking; penalty.......................................................26, 40 HB 1199 --Public officials; certain convictions; suspension from
office...........................................................................................................27, 40 HB 1200 --Child Custody; notify court of change in residence...................................27, 40,
112, 171, 1630 HB 1201 --Sexual offenses; minors; penalty ....................................................................27, 40 HB 1202 --Sexual exploitation of child; reports by film processors ............................27, 40 HB 1203 --Airport; commission study noise control......................................27, 40, 207, 299 HB 1204 --MARTA; group insurance and retirement plans; exclude certain
employees.......................................................................27, 40, 456, 659, 1040 HB 1205 --Employees' Retirement System; maximum allowance; certain
members....................................................................................28, 40, 179, 203 HB 1206 --Sumter County-Americus school system; consolidate................................28, 40,
89, 90, 128 HB 1207 --Troup County; board of education; provide............................28, 40, 63, 64, 128 HB 1208 --Certain school property; lease .............................................28, 40, 316, 673, 1247 HB 1209 --Teachers retirement; maximum allowance; new members........................28, 40,
179, 203 HB 1210 --Urban Residential Finance Authorities Act for Large
Municipalities; amend..................................................28, 40, 456, 725, 2291 HB 1211 --Adoption; foreign children; termination of
parental rights.....................................................29, 40, 112, 172, 1851, 2014 HB 1212 --Special license plates; certified firefighter;
issuance.............................................................................29, 40, 207, 404, 928 HB 1213 --Code of Georgia; corrections ..................................................29, 40, 112, 171, 691 HB 1214 --Retirement and pensions; correct code................................29, 40, 112, 171, 691 HB 1215 --Election Code; corrections and revisions .............................29, 40, 208, 437, 928 HB 1216 --Railroad and electric companies; certain injuries;
change venue .................................................................29, 40, 112, 172, 1093 HB 1217 --Vidalia onions; regulate sale ....................................................30, 40, 88, 121, 337 HB 1218 --Telephone; automatic dialing; regulate .............................30, 40, 179, 229, 1735,
1737, 1783, 1819, 1928, 2062, 2603 HB 1219 --State Board of Barbers; continuation...................................30, 40, 165, 201, 691 HB 1220 --Magistrate Court; constables; minimum age.......................30, 40, 112, 275, 691 HB 1221 --General Assembly; standing committees; subpoena witnesses ..................30, 40 HB 1222 --Mountville Water Authority; amend provisions.....................31, 40, 89, 90, 166 HB 1223 --Sheriffs; additional salary for certain duties ................................................37, 62 HB 1224 --Civil actions; groundless claim; attorneys's fees ..........................................37, 62
HB 1225 --Child-care agencies; licensing ....................................37, 62, 207, 383, 1926, 2010
HB 1226 --Weapons; license to carry; residency requirement .....................................37, 62,
88, 126, 459
HB 1227 --Judicial Council; adoption of rules and regulations;
prior notice.....................................................37, 62, 88, 127, 460, 815, 1332,

2768

INDEX

1398, 1857, 2259, 2289 HB 1228 --Estates; surviving spouse; letter of administration ....................................37, 62,
88, 127, 459 HB 1229 --Uniform Partnership Act; suits against partners........................38, 62, 265, 657 HB 1230 --Consumers' Utility Counsel; operating costs; special fees..........................38, 62 HB 1231 --Consumers' Utility Counsel; performance audit; repeal
requirement.....................................................................4........................38, 62 HB 1232 --Public service corporations and utilities; operating costs;
special fees ................................................................................................38, 62 HB 1233 --Grand juries; duties; terms ........................................45, 87, 217, 299, 1292, 1305 HB 1234 --General Assembly; disrupt meetings; prohibit.............................................45, 87 HB 1235 --Polling places; electors and poll officers;
convenience ....................................................................46, 87, 316, 698, 1290 HB 1236 --Board of Landscape Architects; continuation .....................46, 87, 206, 393, 865 HB 1237 --Liberty County; board of education; create ........................................46, 87, 113,
114, 374, 478 HB 1238 --Liberty County; school superintendent; appointment ...............................46, 87,
113, 114, 323 HB 1239 --Liberty County; board of commissioners; provisions .................................46, 87,
113, 114, 323 HB 1240 --Tax returns; information; furnish to finance official ..................................46, 87 HB 1241 --Traffic offenses; municipality collect fines...................................................47, 87 HB 1242 --Ports; pilotage fees ................................................................47, 87, 192, 401, 1044 HB 1243 --Special sales tax; certain water and sewer projects.....................................47, 87 HB 1244 --Catoosa County; commissioner and personnel; compensation..................47, 87,
113, 114 HB 1245 --Insurance; null and void; issuance of bad check..........................................47, 87 HB 1246 --Probate judge; chief clerk; fill vacancy in office ................................47, 87, 217,
469, 1631, 1755, 1853, 2001, 2100, 2265, 2289 HB 1247 --Insurance agents; fees for certain services .................................48, 87, 920, 1575 HB 1248 --Vessels and Outboard Motors Titling Law; provide ...................................48, 87 HB 1249 --Minors; public places; prohibit loitering ......................................48, 87, 178, 276 HB 1250 --Civil cases; General Assembly member; continuance.................................48, 87,
217, 434, 465 HB 1251 --Teachers; certain institutions; restrictions ...................................................48, 87 HB 1252 --Tifton, City of; certain elections; date .................................49, 87, 113, 115, 271 HB 1253 --Art; regulate sale of reproductions..................................49, 87, 1083, 1246, 1851 HB 1254 --Motor vehicle emission inspection; exclude 11 year-old
vehicles ......................................................................................................49, 87 HB 1255 --State Professional Sports Commission; create .............................................49, 87 HB 1256 --Law enforcement vehicles; flashing lights; restrictions...............................49, 87 HB 1257 --Trucks; suspension system; certain prohibitions................................49, 87, 455,
1372, 2063, 2146 HB 1258 --Special license plates; Wesleyan College; commemorate
founding............................................................................50, 87, 207, 337, 865 HB 1259 --Supplemental Appropriations; FY 1985-86 ........................38, 62, 455, 486, 945,
1025, 1026, 1028, 1135, 1227 HB 1260 --Child abuse cases; hearsay evidence ..............................................................39, 62 HB 1261 --Children and Youth programs; certain persons; criminal
record checks .................................................................39, 62, 217, 327, 1851 HB 1262 --Child-care agencies; residents; emergency relocation ........................39, 62, 178,
251, 1045, 1130
HB 1263 --Missing Children Information Center; create ...................39, 62, 178, 249, 1044
HB 1264 --Sexual offenses; minors; punishment.............................................................39, 62
HB 1265 --Jury duty; elderly; exempt ..............................................................................50, 87
HB 1266 --Child custody; visitation rights.......................................................................50, 87
HB 1267 --Tax execution; notify property owner ...........................................................50, 87

INDEX

2769

HB 1268 --Notaries public; delete date requirement .....................................................50, 87 HB 1269 --Commercial Code; financing statement; maturity date..............................50, 87 HB 1270 --Hearing aids; sales tax exemption.......................................51, 87, 266, 795, 2281 HB 1271 --Elections; candidate receiving plurality of votes .........................................51, 87 HB 1272 --Investments of state funds; South African institutions..............................51, 87 HB 1273 --Intangible tax; insurance business; foreign countries ................................51, 87,
630, 754, 1364 HB 1274 --Schools; extracurricular activities; requirement..........................................51, 87,
1604, 1684 HB 1275 --Dispossessory warrant; notary public sign affidavit....................................52, 87 HB 1276 --Local boards of education; disciplinary matters;
appeals ........................................................................52, 87, 1211, 1478, 2281 HB 1277 --Assistant district attorneys; LL.M. degree; higher
salary step............................................................52, 87, 112, 173, 1631, 1749 HB 1278 --Certain corporations; repeal chapter relating to takeovers.......................52, 87,
112, 173, 691 HB 1279 --Habeas corpus; felony inmate; notice not to appeal ..................................52, 87,
415, 762 HB 1280 --Water pollution; discharges of pollutants; permits ....................................53, 87,
207, 285, 928 HB 1281 --Financial Institutions Code; amend .............................53, 87, 178, 229, 782, 911 HB 1282 --Office supply transactions; deceptive practices ..........................................53, 87,
192, 708, 1364 HB 1283 --Notarial acts; change requirements......................................................53, 87, 804,
1015, 2099, 2149 HB 1284 --Dougherty County-Albany; joint registration and elections
board .................................................................................53, 87, 113, 115, 457 HB 1285 --Health Planning Agency; state-wide health-care data;
collect ....................................................................................53, 87, 1265, 1333 HB 1286 --General Assembly candidates; financial disclosure............................53, 87, 179,
205, 1781, 1792, 1853, 2000, 2095, 2508, 2606 HB 1287 --Public officials; federal felony indictment; suspend
compensation.......................................................54, 87, 179, 340, 2078, 2148 HB 1288 --Malt beverage tax revenue; delete certain use; Richmond
County .......................................................................................................54, 87 HB 1289 --Meriwether County; board of education and superintendent;
extend Constitutional Amendment..............................54, 87, 113, 115, 271 HB 1290 --Meriwether County; development authority; extend
Constitutional Amendment.......................................54, 87, 113, 115, 271 HB 1291 --Muscogee County; school district; museums.......................54, 87, 113, 116, 323 HB 1292 --Muscogee County; school superintendent; certain contracts....................55, 87,
113, 116, 323 HB 1293 --Regional public projects; Area Planning and Development
Commission serve as coordinating agent ....................................55, 87, 207, 378, 1293, 1319
HB 1294 --Sales tax exemption; heating fuel for poultry structures..........................55, 87, 266, 825, 2280
HB 1295 --Board of Architects; membership .........................................55, 87, 264, 485, 928 HB 1296 --Corporate documents; Secretary of State; retention of
records ..................................................................55, 87, 217, 429, 2095, 2153 HB 1297 --Insulin and insulin syringes; sales tax exemption ......................................55, 87,
630, 831, 2281
HB 1298 --Butts County; business license fees......................................56, 87, 113,116, 272
HB 1299 --Butts County; Industrial Development Authority; extend
Constitutional Amendment...........................................56, 87, 113, 116, 272
HB 1300 --General Appropriations; FY 1986-87.............................56, 87, 1357, 1492, 1926,
1929, 2047, 2058, 2077, 2381, 2606

2770

INDEX

HB 1301 --Highways; length and load of vehicles; certain permits.............................56, 87 HB 1302 --Highways; weight and load of vehicle; special permits...............................56, 87 HB 1303 --Highways; weight and load of vehicles; permits; fees .................................56, 87 HB 1304 --Highways; vehicle carriers; height and length .....................................57, 87, 805 HB 1305 --Highways; vehicles transporting boats; length.............................................57, 87 HB 1306 --Highways; weight and load of vehicles; county roads.................................57, 87 HB 1307 --Highways; width of vehicle; tandem axle......................................................57, 87
HB 1308 --Highways; vehicles transporting petroleum; certain weight exemptions................................................................................................57, 87
HB 1309 --Highways; vehicles transporting cargo to ports; special permits.......................................................................................................57, 87
HB 1310 --Highways; weight and load of vehicles..........................................................57, 87 HB 1311 --Highways; vehicles transporting redi-mix concrete; weight .......................58, 87 HB 1312 --Highways; weight and load of vehicles; date................................................58, 87 HB 1313 --Emission inspection; driving without certificate;
jurisdiction ................................................................................................58, 87 HB 1314 --Claims Advisory Board; add member...................................58, 87, 208, 339, 865 HB 1315 --Human Resources; final order or action; amend appeal
provisions .............................................................58, 87, 178, 326, 2453, 2532 HB 1316 --Medical malpractice claims; investigation...........................................59, 87, 628,
837, 1440, 1583 HB 1317 --License plates; staggered registration...................................59, 87, 207, 381, 928 HB 1318 --Parks and recreation facilities; fees; discount for elderly ..........................59, 87 HB 1319 --Supplemental appropriations; FY 1985-86.................................................84, 112 HB 1320 --Law enforcement officers; discharge duty; prohibit
interference ..................................................................84, 112, 265, 934, 1781 HB 1321 --Motor vehicle emission inspection stations; fees..............................85, 112, 804,
1251, 2043, 2070, 2099, 2123, 2212, 2596 HB 1322 --State patrol; compensation; certain injuries...............................................85, 112 HB 1323 --Railroad companies; special officers; time of employment .....................85, 112,
192, 431, 865 HB 1324 --Civil practice; service of process; acknowledgement ................................85, 112,
455, 756, 1632, 1821 HB 1325 --Parks; hunting or trapping; written approval ...........................................85, 112,
455, 1051, 1780
HB 1326 --Taxidermists; mounting animals; written permission not necessary.....................................................................86, 112, 314, 1250, 1856
HB 1327 --Employment; attend judicial proceeding; prohibit dismissal................................................................................86, 112,921, 1056
HB 1328 --Pulaski County; sheriff; deputies......................................102, 164, 192, 193, 458 HB 1329 --Coroners; release records to other states........................................-102, 164, 356,
829, 1852, 2004 HB 1330 --Nursing homes; accommodations; certain requirements .......................102, 164,
264, 471, 1293, 1312 HB 1331 --Tobacco products; sales to minors; prohibit............................................-102, 164 HB 1332 --Fulton County; building authority; bonds................................................102, 164 HB 1333 --Magistrate courts; default judgments; appeals........................!03, 164, 178, 228 HB 1334 --Anatomical gift; minors; hospital request authorization .......................103, 164,
174, 628, 897, 2063, 2080, 2161, 2174, 2275, 2485, 2606 HB 1335 --Motor vehicle certificate of title; amend certain
requirements................................................................103, 164, 207, 384, 928 HB 1336 --Funeral services; sales tax exemption........................................................103, 164
HB 1337 --Health Benefit Plan; itemized statement to employee ..................103, 164, 174
HB 1338 --Election Code; amend...............................................l03, 164, 208, 396, 931, 1131
HB 1339 --Elections; financial disclosure; contributions and
expenditures.........................................................................!04, 164, 208, 400
HB 1340 --Counties; public works contracts......................................................104, 164, 456,

INDEX

2771

725, 747, 1344, 1626 HB 1341 --Peace officers; impersonation; penalty ...........................104, 164, 265, 467, 1465 HB 1342 --First offenders; record of exoneration............................!04, 164, 265, 722, 1364 HB 1343 --Land Sales Act; powers; Real Estate Commission..................l04, 164, 192, 714 HB 1344 --Wildlife; lawful taking; prohibit interference..............................-...........105, 164,
314, 891, 1629, 2021 HB 1345 --Income tax exemption; certain retirement income..................................105, 164 HB 1346 --Animal Protection Act; provide........................................................105, 164, 413,
703, 1224, 1307, 1631 HB 1347 --School buses; reports of vehicles passing; hearings................................105, 164,
1275, 1665, 2281 HB 1348 --Public officials and employees; mileage allowance.................................105, 164,
1083, 1433, 2112 HB 1349 --Local government investment pool; approved uses................................!05, 164,
414, 762, 1365 HB 1350 --Property; tax executions; advertising costs..............................!06, 164, 315, 696 HB 1351 --Public Safety; certain habeas corpus proceedings;
respondent .......................................................106, 164, 178, 279, 2378, 2528 HB 1352 --Living wills; certain forms...........................................l06, 164, 1032, 1240, 1781,
1823, 2078, 2078, 2219, 2289, 2489 HB 1353 --Retail Installment and Home Solicitation; bad check; fee ...................106, 164,
178, 338, 1291 HB 1354 --Bad checks; standardize fees for issuance .....................106, 164, 178, 339, 1291 HB 1355 --Hospital authorities; audits; filing requirements....................................106, 164,
264. 486, 1857 HB 1356 --Alpharetta, City of; corporate limits ................................107, 164, 456, 456, 811 HB 1357 --License plates; county name decals; amateur radio operators......................107,
164, 315, 467, 1094 HB 1358 --Used car dealers; odometer alteration; license suspension.....................107, 164 HB 1359 --Dance halls; inspections; certain exceptions............................................107, 164,
264, 377, 931 HB 1360 --Special license plates; Georgia Tech; commemorating
centennial.....................................................................107, 164, 207, 429, 928 HB 1361 --State Commission on Condemnation of Public Property;
create...........................................................................!07, 164, 804, 880, 1294 HB 1362 --Food stamps; sales tax exemption........................108, 164, 316, 484, 2213, 2268 HB 1363 --Arrests; force used by peace officers................................................108, 164, 416,
728, 748, 1851, 2016 HB 1364 --Commercial Code; financing statement; maturity date.........................108, 164,
178, 281, 865 HB 1365 --Controlled substances; forfeited property; annual report.....................108, 164,
265. 485, 1291 HB 1366 --General Assembly; Assistant floor leaders; compensation ....................108, 164,
775, 1070, 2112 HB 1367 --Certain traffic offenses; appeals; writ of certiorari.................................!08, 164,
265, 618, 2063, 2083, 2221, 2565, 2603 HB 1368 --Superior Court Clerks; annual training; hours........................................109, 164,
178, 222, 691 HB 1369 --Probation; suspended sentence; notice of change in residence.....................109,
164, 316, 718, 1367 HB 1370 --Prisoners; emergency medical costs; payment ........................................109, 164,
316, 719, 1365
HB 1371 --Railroads; condemnation; counties and municipalities...........................!09, 164
HB 1372 --Fulton County; hospital authority; membership .....................................109, 164
HB 1373 --MARTA; employee bargaining...................................................................110, 164
HB 1374 --Financial institutions; casher of checks; licensing...................................110, 164
HB 1375 --Hotels and motels; termination of occupants; notice.............................110, 164,

2772

INDEX

416, 909, 2601 HB 1376 --Farm loans; agricultural operations; 25% of livelihood.........................110, 164,
413, 751, 1292 HB 1377 --Emission inspections; certain new motor vehicles..................................110, 165,
207, 386, 1044 HB 1378 --County tax officials; certain qualifications; date....................................110, 165,
316, 484, 1292 HB 1379 --Girl Scout cookies; sales tax exemption....................................................Ill, 165 HB 1380 --Victims of crime; compensation; criminal bonds; fees....................Ill, 165, 456 HB 1381 --County boards of health; district directors; appointment......................162, 191 HB 1382 --Highways; modular or sectional housing; permit....................................162, 191,
192, 279, 692 HB 1383 --Wrongful death; prelitigation screening....................................................l63, 191 HB 1384 --Special license plates; Georgia State University's 75th
Anniversary.......................................163, 191, 1275, 1394, 2063, 2163, 2290 HB 1385 --Mental health; disability services; provide..............................................163, 191,
628, 1297, 2282 HB 1386 --Alcoholic beverage sales; hotels; in-room service....................................163, 191,
415, 759, 1226 HB 1387 --Certain insurers; annual reports.................................................................!63, 191 HB 1388 --Public Safety; access to records; Human Resources...............................163, 191 HB 1389 --Zoning proceedings; liability for participation.........................................180, 216 HB 1390 --Elbert County; commissioners; amend provisions..................................180, 216,
265, 266, 811 HB 1391 --Oglethorpe County; development authority; extend
Constitutional Amendment.......................................181, 216, 265, 266, 642 HB 1392 --Elberton, City of; mayor and council; election .......................................181, 216,
265, 266, 863 HB 1393 --Premium finance company; cancellation of insurance...........................!81, 216,
314, 711, 1630 HB 1394 --Service stations; required services..............................................................181, 216 HB 1395 --Canton, City of; corporate Iimits.......................................l81, 217, 265, 266, 458 HB 1396 --Sheriffs and employees; group health plans.............................................!81, 217 HB 1397 --Counties housing state prisoners; fee........................................................182, 217 HB 1398 --Chattahoochee County; board of education; extend
Constitutional Amendment .....................................182, 217, 737, 737, 1288 HB 1399 --Chattahoochee County; school superintendent; extend
Constitutional Amendment .....................................182, 217, 737, 738, 1288 HB 1400 --Chattahoochee County; license fees; extend
Constitutional Amendment.....................................182, 217, 737, 738, 1288 HB 1401 --Chattahoochee County; industrial development authority;
extend Constitutional Amendment........................l82, 217, 737, 738, 1288 HB 1402 --Chattahoochee County; sheriffs' office; extend
Constitutional Amendment.....................................182, 217, 737, 738, 1288 HB 1403 --Randolph County; development authority; extend
Constitutional Amendment.......................................182, 217, 265, 267, 688 HB 1404 --Quitman County; industrial development authority;
extend Constitutional Amendment..........................l83, 217, 265, 267, 688 HB 1405 --Stewart County; board of education; extend
Constitutional Amendment.......................................183, 217, 265, 267, 688 HB 1406 --Stewart County; electrical system; extend
Constitutional Amendment.......................................183, 217, 265, 267, 688
HB 1407 --Stewart County; bridge construction; extend
Constitutional Amendment.......................................183, 217, 265, 268, 688
HB 1408 --Stewart County; natural gas system; extend
Constitutional Amendment.......................................183, 217, 265, 268, 689
HB 1409 --Stewart County; industrial development authority;

INDEX

2773

extend Constitutional Amendment ..........................183, 217, 265, 268, 689 HB 1410 --Penal institutions; transporting detainees; requirements.......................183, 217 HB 1411 --Sales tax; exempt fuel used for peanut or
tobacco processing...............................................................................184, 217 HB 1412 --Ad valorem tax; agricultural property; certain breach of
covenant.....................................................................184, 217, 776, 879, 2281 HB 1413 --Beverage containers; certain prohibitions.................................................184, 217 HB 1414 --Council of Magistrate Court Judges; create ............................184, 217, 455, 891 HB 1415 --County officers; filing return; monies received
or expended...........................................................................................!84, 217 HB 1416 --Teachers; jury leave; certain cases..................................185, 217, 455, 836, 1855 HB 1417 --Weapons; confiscation; official use ............................................................185, 217 HB 1418 --Appeals; contempt; granting supersedeas ................................185, 217, 684, 892 HB 1419 --Magistrate Court Clerks; age requirement.......................................185, 217, 684 HB 1420 --Day-care centers and personal care homes; employee
record checks...........................................................185, 217, 684, 1236, 2280 HB 1421 --Human Resources; criminal record check;
certain employment..................................................l85, 217, 684, 761, 2114 HB 1422 --Chatsworth, City of; mayor and aldermen; term............................!86, 217, 265,
268, 743 HB 1423 --Driver training schools; license renewal.......................!86, 217, 455, 1297, 2282 HB 1424 --Waste management; public sewer; certain
prohibitions..................................................................!65, 191, 265, 422, 865 HB 1425 --Land Use and Development Commission; create....................................186, 217 HB 1426 --Motor vehicle insurance; cancellation .......................................................186, 217 HB 1427 --Hall County; taxation; extend Constitutional Amendment..................186, 217,
265, 269, 1092 HB 1428 --Hall County; civil service system; extend
Constitutional Amendment .....................................186, 217, 265, 269, 1092 HB 1429 --Hall County; license fees; unincorporated area ......................................186, 217,
265, 269, 1092 HB 1430 --Gainesville-Hall County; development authority; extend
Constitutional Amendment.....................................187, 217, 265, 269, 1092 HB 1431 --Hall County; board of education; extend
Constitutional Amendment.....................................187, 217, 265, 270, 1094 HB 1432 --Motor vehicles; operating without insurance; penalty............................187, 217 HB 1433 --Merchants' parking area; certain criminal trespass.......................187, 217, 629,
910, 2063, 2095, 2165, 2178, 2275, 2553, 2591, 2598, 2606, 2608 HB 1434 --Historic Savannah District; ad valorem tax;
freeze certain assessments..................................................!87, 217, 265, 270 HB 1435 --State examining boards; central file .........................................187, 217, 804, 893 HB 1436 --Urban redevelopment; rent suspension; escrow.......................................188, 217 HB 1437 --Ad valorem tax; increased assessment; Fulton County..................188, 217, 776 HB 1438 --Professional fund reisers and charitable
organizations; fee.....................................................!88, 217, 414, 1346, 1855 HB 1439 --Promotional contests and giveaways; lotteries;
definitions..................................................................188, 217, 414, 834, 1465 HB 1440 --Alcoholic beverages; immunity from certain liability .............................188, 217 HB 1441 --Teachers; sick leave; certain references..........................!89, 217, 414, 486, 1226 HB 1442 --DeKalb County; junior college; extend
Constitutional Amendment.......................................189, 217, 265, 270, 863 HB 1443 --Covington, City of; parking authority; extend
Constitutional Amendment .......................................189, 217, 265, 270, 779
HB 1444 --Georgia Southern College; special license plate .............................189, 217, 804,
1071, 2231, 2306
HB 1445 --Sales tax; exempt oxygen prescribed by physician ................................189, 217,
805, 1014, 2281

2774

INDEX

HB 1446 --Certain educational loans; National Guard; eligibility ..........................210, 263, 414, 893, 1780
HB 1447 --Family violence provisions; certain non-married persons ..............................210, 263, 628, 908, 935, 1049, 1465
HB 1448 --Register, Town of; amend charter.....................................210, 263, 316, 317, 689 HB 1449 --Effingham County; industrial development authority...........................210, 263,
316, 317, 689 HB 1450 --Adel, City of; bond issuance; extend
Constitutional Amendment .......................................210, 263, 316, 317, 458 HB 1451 --Berrien County; industrial building authority; extend
Constitutional Amendment .......................................210, 263, 316, 317, 458 HB 1452 --Past due taxes; interest rate .......................................................................210, 263 HB 1453 --Greene County; commissioners; elections ........................211, 263, 356, 357, 642 HB 1454 --Greene County; board of education; provide ..................211, 263, 356, 362, 642 HB 1455 --Firearms; penalty for thcft...............................................211, 263, 315, 721, 2112 HB 1456 --Property; foreclosure sales; certain process..............................................211, 263 HB 1457 --Chattahoochee Judicial Circuit; assistant district
attorneys; provide .........................................................211, 263, 316, 318, 1092 HB 1458 --Fulton County; homestead exemption; increase..............................211, 248, 263 HB 1459 --Marshallville, Town of; municipal fines...........................212, 263, 316, 318, 458 HB 1460 --Cemeteries; burial merchandise; amend
provisions.......................................................212, 263, 414, 1241, 2048, 2156 HB 1461 --Dalton, City of; downtown development authority; extend
Constitutional Amendment .......................................212, 263, 316, 318, 744 HB 1462 --Forestry products; Herty Foundation; research......................................212, 263,
683, 793, 1855 HB 1463 --School buses; exhaust system; requirements...................212, 263, 455, 720, 929 HB 1464 --Student loan; setoff debt; income tax refund.................................212, 263, 316,
654, 1365, 1407 HB 1465 --Septic tanks; county boards of health; regulations........................213, 263, 628,
790, 1462, 1751 HB 1466 --Fishing with bow and arrow; light at night....................................213, 263, 1605 HB 1467 --Franklin-Heard County; water authority; amend...................................213, 263,
1324, 1324, 2291 HB 1468 --Hospitals; freestanding clinics; regulations ......................................190, 217, 628 HB 1469 --Speciall% sales tax; amend provisions........................!90, 217, 316, 666, 2100,
2117, 2138, 2162, 2275 HB 1470 --Paulding County; school superintendent; appointment ........................213, 263,
316, 318, 811 HB 1471 --Municipalities; immunity from Iiability...........................................l91, 217, 775,
835, 2048, 2157 HB 1472 --Driving under the influence; municipal courts;
jurisdiction............................................................................l91, 217, 265, 716 HB 1473 --Decatur, City of; homestead exemption; elderly......................................213, 263 HB 1474 --Athens, City of; municipal court; provide........................213, 263, 316, 319, 642 HB 1475 --Legitimate child; birth certificate; father's
signature........................................................................................214, 263, 855 HB 1476 --Municipalities; municipal court; establish.......................................214, 263, 415,
724, 2063, 2158 HB 1477 --Magistrate courts; contract to serve in municipal courts.......................214, 263
415, 725, 2112 HB 1478 --Flint Judicial Circuit; add judge ................................................................214, 263
HB 1479 --Midwifery; practice in certain medical facilities......................................214, 263
HB 1480 --County tax officials; vacancies; interim appointments..........................214, 263,
685, 786, 1365
HB 1481 --Health insurance plan; certain non-prescription drugs;
coverage .................................................................................................215, 263

INDEX

2775

HB 1482 --Municipalities; workers' compensation self-insurance fund; participation.........................................................................215, 263, 314, 723
HB 1483 --Effingham County; industrial development authority; extend Constitutional Amendment.......................................216, 263, 316, 319, 689
HB 1484 --Certain public officials; devote 40 hours per week to duties................................................................................256, 314
HB 1485 --Medical examiner; establish office; certain counties...............................256, 314 HB 1486 --Funeral directors; prohibit service as coroner..........................................257, 314 HB 1487 --Motor carriers; intrastate transportation;
amend provisions ..................................................257, 314, 1083, 1374, 2601 HB 1488 --County tax officials; annual training; requirements...............................257, 314,
685, 789, 1365, 1580 HB 1489 --Underground utility facilities; blasting regulations................................257, 314,
414, 713, 2134, 2176 HB 1490 --Buildings; glass installation; hazardous locations...................................257, 314,
414, 909, 1364 HB 1491 --Emerson, City of; mayor's court; provide ................................................258, 314,
356, 368, 811 HB 1492 --White, City of; mayor's court; amend provisions ...................................258, 314,
356, 368, 811 HB 1493 --Fulton County; library system; special districts .....................................216, 263,
1452, 1453, 2291 HB 1494 --Tattnall County; board of education; compensation..............................258, 314,
356. 368, 689 HB 1495 --Fish; red drum or sea trout; certain limits..............................................258, 314,
455, 1242, 1855 HB 1496 --Public sales; continuation without interruption ......................................258, 314 HB 1497 --Henry County; law library; fees................................258, 314, 356, 369, 744, 791 HB 1498 --Local governments; financial statements; filing.......................................258, 314 HB 1499 --Hapeville, City of; corporate limits.................................259, 314, 775, 777, 1626 HB 1500 --University of Georgia; special license plates ...........................................259, 314,
455, 839, 1365 HB 1501 --Public office; determination of vacancy;
amend provisions..........................................216, 263, 685, 1235, 2212, 2270 HB 1502 --Talbot County; sheriffs deputies; compensation ...................................259, 314,
356, 369, 1459 HB 1503 --Liability insurance; certain contracts; prohibitions................................259, 314,
920, 1260, 2590, 2591 HB 1504 --Motor vehicle liability insurance; one year
minimum coverage...............................................................................259, 314 HB 1505 --Motor vehicle insurance; lack of proof; submit license ..........................216, 263 HB 1506 --Motor vehicle insurance; effective date of coverage................................216, 263 HB 1507 --Insurance Commissioner; amend Code...........................259, 314, 415, 788, 1856 HB 1508 --Retirement; Insurance Commissioner; amend provisions......................259, 314,
415, 790, 1856 HB 1509 --Lyons, City of; recorder's court; appeals..................................................260, 314,
356, 369, 1460 HB 1510 --Mitchell County; school superintendent; appointment .........................260, 314,
357. 369, 689 HB 1511 --Oconee County; abolish treasurer's office........................260, 314, 357, 370, 642 HB 1512 --Oconee County; Utility Authority...................................260, 314, 357, 370, 1040 HB 1513 --St. Marys, City of; corporate limite................................260, 314, 416, 416, 1041
HB 1514 --Waycross, City of; school board; remove certain member ....................260, 314,
357, 370, 744
HB 1515 --Waycross, City of; board of education; remove
certain member......................................................... 261, 314, 357, 370, 744
HB 1516 --Walker County; tax commissioner; personnel's

2776

INDEX

compensation .................................................................261, 314, 357, 370, 1460 HB 1517 --Walker County; superior court clerk; personnel's
compensation .............................................................261, 314, 357, 371, 1041 HB 1518 --Walker County; state court; judge and solicitor;
compensation .............................................................261, 314, 357, 371, 1041 HB 1519 --Walker County; coroner; compensation .........................261, 314, 357, 371, 1041 HB 1520 --Income tax credit; property damaged by wild deer ................................261, 314 HB 1521 --Fulton County; redevelopment powers; authorization ...........................261, 314,
775, 777, 1626 HB 1522 --Cobb County; homestead exemption; increase........................................261, 314,
416, 417, 1730 HB 1523 --Certain peanut or tobacco-drying operations; sales tax
exemption..............................................................................................263, 314 HB 1524 --Health; blood donations; requirements ................................308, 355, 1357, 1469 HB 1525 --Habitual offender; driver's license suspension; notice............................308, 355 HB 1526 --Emergency medical services; municipalities and counties;
certain immunity.....................................................263, 314, 855, 1241, 2112 HB 1527 --Columbia County; board of commissioners; amend
Act creating..........................................................................309, 355, 416, 417 HB 1528 --Property or casualty insurance; cancellation provisions.........................309, 355 HB 1529 --Monroe County; arbitration by grand jury;
extend Constitutional Amendment ..........................309, 355, 416, 417, 811 HB 1530 --Campaign and financial disclosure report; certain date........................309, 355,
685, 1391 HB 1531 --Stephens County; development authority; extend
Constitutional Amendment .....................................309, 355, 416, 417, 1289 HB 1532 --Alcoholic beverages; consumption in home;
underage person ........................................................309, 355, 415, 727, 1226 HB 1533 --Eleanor, Town of; repeal Act incorporating....................310, 355, 416, 418, 812 HB 1534 --Forsyth, City of; corporate boundaries ............................310, 355, 416, 418, 812 HB 1535 --Jasper County; industrial development authority; extend
Constitutional Amendment .....................................310, 355, 416, 418, 1730 HB 1536 --Public property; uncollectable debt; write-off
provisions ...................................................................310, 355, 414, 945, 1856 HB 1537 --Chatham County; board of commissioners; meetings .............................310, 355 HB 1538 --Fair access to insurance requirement; continuation...............................310, 355,
684, 764, 1632, 1753, 1783, 1822, 1928, 2165, 2290 HB 1539 --Ad valorem tax returns; public utilities and
transportation; time limitation........................................311, 355, 776, 1022 HB 1540 --Cobb County; board of commissioners...........................311, 355, 416, 418, 1844 HB 1541 --Driver's license; issuance; amend provisions...................................263, 314, 455,
696, 2556, 2557 HB 1542 --Cemeteries; opening grave; fee for service ................................................311, 355 HB 1543 --Taxes and license fees; illegally collected; claim
for refund; time limitation .................................................................311, 355 HB 1544 --Jury duty; certain women; exemption ....................................311, 355, 455, 1069 HB 1545 --Real estate salespersons; qualifications ...........................................311, 355, 414,
645, 1366, 1401 HB 1546 --Kingsland, City of; development authority;
extend Constitutional Amendment ........................312, 355, 416, 419, 1041 HB 1547 --Camden County; license fees; unincorporated area................................312, 355,
416, 419, 1041
HB 1548 --Camden County; board of education; extend
Constitutional Amendment .....................................312, 355, 416, 419, 1041
HB 1549 --County boards of health; immunity from liability .................................312, 355,
1274, 1651, 2282
HB 1550 --State auditor; salary ....................................312, 355, 356, 430, 1782, 1791, 1853,

INDEX

2777

2000, 2101, 2257, 2276, 2324, 2324, 2594, 2595, 2595, 2607 HB 1551 --Child custody; visitation rights ...........................312, 355, 628, 1300, 2284, 2493 HB 1552 --Chatham County; certain officials; compensation..........................312, 355, 416,
419, 1628, 1870
HB 1553 --Local boards of education; self-insurers; liability insurance ...............................................................................................352, 413
HB 1554 --Chatham County; certain officers compensation; repeal Act providing.................................................352, 413, 456, 457, 2291
HB 1555 --Fuel; private residences; sales tax exemption ..........................................352, 413 HB 1556 --Farmer's Mutual fire insurance; increase limits .....................................352, 413,
684, 788, 2112 HB 1557 --Cobb County; certain officers; compensation..........................................352, 413,
456, 457, 2601 HB 1558 --Criminal procedure; bond surety; property owner ..................................353, 413 HB 1559 --Fulton County; homestead exemption; elderly or disabled ..................313, 355,
775, 777, 1093 HB 1560 --School buses; uses; authority.................................313, 355, 455, 787, 1463, 1585 HB 1561 --Education; disciplinary actions; superintendent's
determination ............................................................353, 413, 774, 938, 1781 HB 1562 --Eastern Judicial Circuit; judges pro hac vice; designate;
extend Constitutional Amendment........................407, 454, 684, 739, 1462 HB 1563 --Savannah-Chatham County; Board of Education; ad valorem tax
exemption; extend Constitutional Amendment .............................407, 454, 629, 638, 863
HB 1564 --West Chatham County; General Hospital Authority; extend Constitutional Amendment .......................................408, 454, 629, 638, 863
HB 1565 --Chatham County; ad valorem tax exemption; elderly or disabled; extend Constitutional Amendment..........................408, 454, 629, 638, 863
HB 1566 --Chatham County; policing, occupational taxes, recorder's court; extend Constitutional Amendment.......................................408, 454, 629, 638, 863
HB 1567 --Chatham County; civil service system; extend Constitutional Amendment .......................................408, 454, 629, 639, 863
HB 1568 --Chatham County; board of commissioners; payment of taxes; extend Constitutional Amendment..........................408, 454, 629, 639, 864
HB 1569 --Chatham County; streets, sidewalks; construction; extend Constitutional Amendment........................408, 454, 629, 639, 1460
HB 1570 --Teachers Retirement; contributions by local units ................................353, 413, 629, 763, 1630
HB 1571 --Guardians; sale of ward's property..........................................353, 413, 804, 1249 HB 1572 --Local governmental reorganization; General Assembly
authority ..........................................................354, 413, 628, 785, 1227, 1317 HB 1573 --Department of Administrative Services; certain
property; acquisition costs ............................409, 454, 685, 792, 1735, 1752 HB 1574 --Hunting and fishing; elderly; nonresident license ...................................409, 454 HB 1575 --Income tax; exempt certain retirement income .......................................354, 413 HB 1576 --Out-of-state pharmacies; regulations.........................................................409, 454
HB 1577 --County officials; conflicts of interest; property sales .............................................................................409, 454, 1032
HB 1578 --Emergency medical service systems; additional fees...............................409, 454 HB 1579 --Alcoholic beverages; sales by drink; certain
municipalities ...............................354, 413, 415, 793, 814, 1243, 1735, 2167
HB 1580 --Fulton County; charitable contributions; appropriations;
population classification .....................................................................354, 413
HB 1581 --Firemen; amend definition.............................................410, 454, 856, 1052, 1781
HB 1582 --Toombs County; board of commissioners; compensation......................410, 454,
805, 806, 1460

2778

INDEX

HB 1583 --Long-term care facilities; civil liability; amend provisions.................................................................................354, 413
HB 1584 --Income tax; change of income; notification .............................................354, 413, 805, 1301, 2284, 2470
HB 1585 --Housing discrimination; municipal ordinances..............................355, 413, 1214 HB 1586 --Civil practice; filing of pleadings .......................................................355, 413, 775 HB 1587 --Oconee County Board of education; election;
extend Constitutional Amendment........................410, 454, 629, 639, 1041 HB 1588 --Morgan County; occupational tax; imposition ........................................410, 454,
629, 640, 1041 HB 1589 --Appalachian Judicial Circuit; superior courts; term..............................410, 454,
775, 1343, 2282 HB 1590 --Augusta, City of; council; abolish certain offices....................................410, 454,
629, 640, 1863, 2213 HB 1591 --Health Planning Review Board; judicial review....................411, 454, 855, 1066 HB 1592 --Employees' Retirement; military service credit..............................411, 454, 684,
1340, 1852, 2006 HB 1593 --Medical Assistance; rules and regulations; procedure ....................411, 454, 620 HB 1594 --Property insurance; homeowner warranty agreements..................411, 454, 684,
791, 1853, 2005 HB 1595 --Augusta Judicial Circuit; add judge ..........................................................411, 454 HB 1596 --Butts County; Superior Court Clerk; compensation ..............................412, 454,
629, 640, 1289 HB 1597 --Sales tax; contractors; financial net worth certificate.............................412, 454 HB 1598 --Prostheses; elderly; sales tax exemption...................................................412, 454 HB 1599 --State employees; sick leave .........................................................................412, 454 HB 1600 --State employees; employee hearing; representation................................412, 454 HB 1601 --Special license plates; Board of Regente...................................................446, 627 HB 1602 --Traffic offenses; conviction record;
forwarding fee..................................................................446, 627, 1440, 1467 HB 1603 --Richmond County; school superintendent; term....................................447, 627,
685, 685, 1289 HB 1604 --Henry County; certain officials; compensation .......................................447, 627,
685, 686, 1289 HB 1605 --Highways; semitrailers; length....................................................................447, 627 HB 1606 --Henry County; license plates; staggered registration.............................447, 627,
641, 775, 777, 1289 HB 1607 --Henry County; ad valorem tax for education; exempt
elderly........................................................................447, 627, 685, 686, 1863, 1999, 2094, 2097, 2161, 2525, 2606
HB 1608 --Henry County Coliseum Authority; create ..............................447, 627, 685, 686 HB 1609 --Henry County; racetracks; excise tax; extend
Constitutional Amendment .....................................448, 627, 685, 686, 2292 HB 1610 --Used Motor Vehicle Dismantlers and Rebuilders;
out-of-state buyer ...................................................448, 627, 804, 1297, 1856 HB 1611 --Augusta, City of; election districts; amend provisions...........................448, 627,
685, 687 HB 1612 --Criminal Procedure; misdemeanors; maximum fines..............................412, 454 HB 1613 --Houston County; redevelopment powers .......................448, 627, 685, 687, 1093 HB 1614 --Examining boards; removal from office....................................................448, 627 HB 1615 --Ad valorem tax assessment resulting in rate increase............................448, 627 HB 1616 --Ad valorem tax assessment resulting in rate increase;
certain counties....................................................................................449, 627
HB 1617 --Motor carriers; sand or gravel; rates for
transportation...............................................................................449, 627, 805
HB 1618 --Atlanta, City of; street improvement bonds;
extend Constitutional Amendment ....................449, 627, 1606, 1607, 2292

INDEX

2779

HB 1619 --Atlanta, City of; water works and sanitation system; revenue bonds; extend Constitutional Amendment.....................................449, 627, 1606, 1607, 2292
HB 1620 --Atlanta, City of; independent school system; certain property; extend Constitutional Amendment ....................449, 627, 1606, 1607, 2292
HB 1621 --Atlanta, City of; bond indebtedness; county school district; extend Constitutional Amendment....................449, 627, 1606, 1608, 2292
HB 1622 --Atlanta, City of; maximum debt; extend Constitutional Amendment.................................450, 627, 1606, 1608, 2292
HB 1623 --Atlanta, City of; water and solid waste systems; construction; extend Constitutional Amendment....................450, 627, 1606, 1608, 2292
HB 1624 --Atlanta, City of; court system; jurisdiction; extend Constitutional Amendment ....................450, 627, 1606, 1608, 2292
HB 1625 --Atlanta, City of; bond issue; amount; extend Constitutional Amendment .................................450, 627, 1606, 1609, 2293
HB 1626 --Atlanta, City of; bond issue; extend Constitutional Amendment.................................450, 627, 1606, 1609, 2293
HB 1627 --Atlanta, City of; school facilities bond issue; extend Constitutional Amendment .................................450, 627, 1688, 1690, 2293
HB 1628 --Atlanta, City of; historic zones....................................451, 627, 1606, 1609, 2293 HB 1629 --Private buildings; demolition; certain cities; extend
Constitutional Amendment .................................451, 627, 1606, 1609, 2293 HB 1630 --Atlanta, City of; ad valorem tax; debt purposes; extend
Constitutional Amendment.................................451, 627, 1606, 1609, 2293 HB 1631 --Atlanta, City of; bonds; off-street parking;
extend Constitutional Amendment....................451, 627, 1606, 1610, 2293 HB 1632 --DeKalb County; taxation of municipalities; extend
Constitutional Amendment................................................................451, 627
HB 1633 --Library facilities; transfer; certain cities; extend Constitutional Amendment ....................451, 627, 1606, 1610, 2293
HB 1634 --Atlanta, City of; redevelopment powers.....................452, 627, 1606, 1610, 2294 HB 1635 --Atlanta, City of; homestead exemption.....................................................452, 627 HB 1636 --Atlanta, City of; community improvement districts;
create.......................................................................452, 627, 1085, 1086, 1730 HB 1637 --Fulton County; community improvement districts; create ....................452, 627 HB 1638 --Prisoners; income deductions; medical expenses............................452, 627, 685,
792, 1852, 1991, 2100, 2119, 2231, 2478, 2607 HB 1639 --Motor vehicle license plate; bad check; penalty......................................452, 627 HB 1640 --Perry Industrial Building Authority; power; extend
Constitutional Amendment.....................................621, 683, 737, 739, 1093 HB 1641 --Perry, City of; redevelopment powers ............................621, 683, 737, 739, 1093 HB 1642 --Fulton county; board of commissioners;
amend provisions ..................................................622, 683, 2215, 2215, 2601 HB 1643 --Child custody; grandparents; visitation rights ......................622, 683, 921, 1347 HB 1644 --Superior Courts; fees ....................................453, 627, 775, 816, 2231, 2461, 2603 HB 1645 --Savannah, City of; bond issue without referendum; extend
Constitutional Amendment .....................................622, 683, 737, 739, 1460
HB 1646 --Savannah, City of; bond issue without referendum; extend Constitutional Amendment .....................................622, 683, 737, 740, 1460
HB 1647 --Downtown Savannah Authority; creating; extend Constitutional Amendment .....................................622, 683, 737, 740, 1460
HB 1648 --Savannah Airport Commission; creating; extend
Constitutional Amendment .....................................622, 683, 737, 740, 1460
HB 1649 --Local governments; certain services; limit funding.......................623, 683, 1276
HB 1650 --Estates; year's support for family; amend provisions.............................623, 683
HB 1651 --Columbus, City of; ethics violations ...............................623, 683, 737, 740, 1730
HB 1652 --Houston County School District; ad valorem tax limitation;

2780

INDEX

extend Constitutional Amendment........................453, 627, 685, 687, 1777 HB 1653 --Legislative Education Research Council; abolish ...................................453, 627,
774, 1014, 1781 HB 1654 --Roswell, City of; mayor and councilmen; election..................................453, 627,
1085, 1086, 1626 HB 1655 --Local option sales tax; school district debt payment..............................453, 627 HB 1656 --Health planning requirements; certain exemption..................................453, 627 HB 1657 --Motor vehicle financial responsibility;
self-insurer; amend ....................................................................454, 627, 1084 HB 1658 --Ad valorem tax exemption; certain property................................454, 627, 1601,
1639, 2099, 2167 HB 1659 --Tort actions; charities; limit recovery .......................................................623, 683 HB 1660 --Newton County; board of education; chairman's election.....................623, 683,
737, 741, 1730 HB 1661 --Clarke County; staff positions; Western Judicial Circuit......................623, 683,
737, 741, 1042 HB 1662 --School bus drivers; minimum salary ..................624, 683, 774, 1062, 1782, 1822 HB 1663 --Income tax credit; crop damage caused by wild deer.....................624, 683, 805 HB 1664 --Ware County; board of commissioners; compensation ..........................624, 683,
737, 741, 926 HB 1665 --Ware County; county manager; extend
Constitutional Amendment.......................................624, 683, 737, 741, 926 HB 1666 --Ware County; sheriff and police force; powers;
extend Constitutional Amendment ..........................624, 683, 737, 741, 926 HB 1667 --Ware County; new industry; tax levy; extend
Constitutional Amendment .......................................624, 683, 737, 742, 926 HB 1668 --Downtown Waycross Development Authority; creating; extend
Constitutional Amendment .......................................625, 683, 737, 742, 926 HB 1669 --Waycross, City of; water works system; extend
Constitutional Amendment .......................................625, 683, 737, 742, 927 HB 1670 --Waycross, City of; provide for commission .....................625, 683, 737, 742, 927 HB 1671 --Waycross, City of; new industry; tax levy; extend
Constitutional Amendment.......................................625, 683, 737, 743, 927 HB 1672 --Waycross-Ware County Development Authority; creating;
extend Constitutional Amendment ..........................625, 683, 737, 743, 927 HB 1673 --Pickens County; commissioner's compensation ......................................678, 736,
775, 777, 1289 HB 1674 --Transportation Department; certain employees; retirement
age requirement...........................................................-..............---.678, 736 HB 1675 --Atlanta, City of; charitable donations; repeal provisions.......................679, 736 HB 1676 --Ad valorem tax; homestead exemption .....................................................679, 736 HB 1677 --Greene County Development Authority; membership...........................679, 736,
775, 778, 1042 HB 1678 --Veterinarians; sales tax exemption on drugs............................................679, 736 HB 1679 --East Point Business and Industrial Development Authority;
membership............................................................679, 736, 1085, 1086, 1731 HB 1680 --Valdosta, City of; corporate limits....................................679, 736, 775, 778, 927 HB 1681 --Wills; witness appear before notary public ..............................................679, 736 HB 1682 --Boll weevil; eradication provisions..................................680, 736, 774, 937, 1630 HB 1683 --Pharmacy interns; licensing ........................................................................680, 736 HB 1684 --Local retirement systems; investments............................................626, 683, 856,
1482, 2138, 2175,
HB 1685 --DeKalb County; assistant solicitors; appointment .................................680, 736,
775, 778, 1844
HB 1686 --Georgia Development Authority; amend provisions .......................626, 683, 774
1118, 1852, 2023
HB 1687 --Level II dental hygienists; licensing ...........................680, 736, 1439, 1477, 2113

INDEX

2781

HB 1688 --Superior court clerks; vacancy; appointment ......................680, 736, 1214, 1663 HB 1689 --Austell, City of; ad valorem tax exemption;
extend Constitutional Amendment........................680, 736, 805, 807, 1626 HB 1690 --Acworth Downtown Development Authority; creating;
extend Constitutional Amendment ........................681, 736, 775, 778, 1042 HB 1691 --Austell, City of; ad valorem tax; discount;
extend Constitutional Amendment ........................681, 736, 805, 807, 1777 HB 1692 --Austell, City of; ad valorem tax exemption; elderly;
extend Constitutional Amendment ........................681, 736, 805, 807, 1626 HB 1693 --Public school employees; health benefits; creditable
service; continuation...............................................681, 736, 920, 1124, 1856 HB 1694 --Child custody cases; outside investigations..............................................626, 683 HB 1695 --General Assembly members; certain expenses;
reimbursement...........................................................627, 683, 775, 828, 1465 HB 1696 --Superior court judges; continuing education; reimbursement
of expenses.....................................................681, 736, 804, 1122, 2115, 2171 HB 1697 --Annexation; municipalities having independent school
systems; amend provisions .........................................................681, 736, 774 HB 1698 --Chatham County; transit services; provide .....................................732, 774, 805,
807, 1462, 1875, 2280 HB 1699 --Chatham County; public transportation system; provide .....................732, 774,
805, 808, 1462, 1876, 2280 HB 1700 --Student loans; setoff debt; income tax refund ..............................732, 774, 1276 HB 1701 --Newton County; amusement and sporting activities; excise tax;
extend Constitutional Amendment ........................732, 774, 805, 808, 1730 HB 1702 --Newton County; tax bills; time for payment;
extend Constitutional Amendment ........................732, 774, 805, 808, 1730 HB 1703 --Newton County; board of commissioners; power;
extend Constitutional Amendment........................732, 774, 805, 808, 1731 HB 1704 --Newton County; certain districts; levy taxes;
extend Constitutional Amendment........................733, 774, 805, 809, 1731 HB 1705 --Alcoholic beverages; retail sales; special 1% tax .....................................733, 774 HB 1706 --Driving under the influence; plea of nolo contendere;
unacceptable .........................................................................................733, 774 HB 1707 --Motor vehicles; possession of alcoholic beverages;
prohibitions...........................................................................................733, 774 HB 1708 --Homicide by vehicle; driver's license suspension ....................................733, 774 HB 1709 --Homicide by vehicle; first degree; seizure of vehicle ..............................734, 774 HB 1710 --Cherokee County; board of education; chairman's
appointment...............................................................734, 774, 805, 809, 1289 HB 1711 --Carrollton, City of; deannex certain property.........................................734, 774,
805, 809, 1289 HB 1712 --Transportation, Department of; plans and facilities;
hearings ....................................................................734, 774, 805, 1248, 2113 HB 1713 --State Tollway Authority Law; amend provisions ...................................734, 774,
805, 1123, 2113 HB 1714 --Atlanta, City of; City Court; senior judge;
create office............................................................734, 774, 1606, 1611, 2294 HB 1715 --State Board of Equalization; abolish.........................................................682, 736 HB 1716 --Auctioning; occupational tax; certain limitations ....................................682, 736 HB 1717 --Collins, City of; Mayor's term .........................................734, 774, 805, 809, 1223 HB 1718 --Reidsville, City of; public office; limitation of term ...............................735, 774
HB 1719 --Reidsville, City of; Mayor; election provisions.........................................735, 774
HB 1720 --Forsyth County; commissioners; expenses .....................735, 774, 805, 810, 1777
HB 1721 --Forsyth County; merit system; extend
Constitutional Amendment .....................................735, 774, 805, 810, 1777
HB 1722 --Decatur, City of; homestead exemption; elderly ............................735, 774, 805,

2782

INDEX

810, 1863, 2022 HB 1723 --Videotapes; transfers or reproduction; prohibitions ......................767, 803, 855,
1127, 2213, 2303, 2601 HB 1724 --Chattahoochee County; sheriff; expenses.......................767, 803, 857, 858, 1289 HB 1725 --Fox hunting preserves; permit to trap and sell.............................768, 803, 1212 HB 1726 --Wild animals; ferrets; licensing requirements..........................................768, 803 HB 1727 --Garden City, City of; corporate limits............................768, 803, 857, 858, 1461 HB 1728 --Lincoln County; tax commissioner; compensation .................................768, 803,
857, 858, 1290 HB 1729 --Tri-County Water Authority for the Counties of Columbia,
McDuffie, and Lincoln; create ................................768, 803, 857, 858, 1844 HB 1730 --Lincoln County; board of education; election
provisions ...................................................................768, 803, 857, 859, 1290 HB 1731 --Lincoln County; board of commissioners; amend
provisions ...................................................................768, 803, 857, 859, 1290 HB 1732 --Guardian and ward; power of attorney; limitations ................................769, 803 HB 1733 --Helen, City of; city commission.......................................769, 803, 857, 859, 1223 HB 1734 --Local governments; taxation and license fees;
transfer schedule ..................................................................................769, 803 HB 1735 --Hiram, City of; elections...................................................769, 803, 857, 859, 1223 HB 1736 --Richmond County; appropriation; promote business and tourism;
extend Constitutional Amendment ........................769, 803, 857, 859, 2106 HB 1737 --Richmond County; authorization for contracts, leases, revenue
bonds; extend Constitutional Amendment .....................................769, 803, 857, 860, 2106
HB 1738 --Washington County; homestead exemption; certain elderly.................770, 803, 857, 860, 2107
HB 1739 --Washington County; homestead exemption; certain elderly.................770, 803, 857, 860, 2107
HB 1740 --Jeffersonville, City of; mayor and council; term.....................................770, 803, 857, 861, 1461
HB 1741 --Nuisances; actions against municipalities; immunity..............................770, 803 HB 1742 --Property; government agencies; judicial actions .....................................770, 803,
1212, 1481, 2282 HB 1743 --Ware County; coroner; compensation.............................770, 803, 857, 861, 1290
HB 1744 --Cherokee Judicial Circuit; assistant district attorney; provide.......................................................770, 803, 857, 861, 1223
HB 1745 --Workers compensation; attorney fees; assessment........................771, 803, 1275 HB 1746 --Richmond County; hospital authority; membership ...............................771, 803
HB 1747 --Griffin, City of; development authority; extend Constitutional Amendment .....................................771, 803, 857, 861, 1777
HB 1748 --Health maintenance organizations; corporations; esteblish....................................................................771, 803, 920, 1258, 1856
HB 1749 --Cobb County; superior court clerk and deputy; compensation.............................................................771, 803, 857, 861, 1844
HB 1750 --Cobb County; state court; costs.......................................771, 803, 857, 862, 1844 HB 1751 --Habeas corpus; judge hold proceeding at institution.............................772, 803,
1083, 1248, 2113 HB 1752 --Monroe County; industrial development authority; extend
Constitutional Amendment .....................................772, 803, 857, 862, 1223
HB 1753 --Judges; temporary assignment as district administrative judge..................................................................772, 803, 1083
HB 1754 --Intangible tax; charitable remainder trust; exemption...........................772, 803
HB 1755 --Jackson, City of; amend charter......................................800, 851, 922, 924, 1626
HB 1756 --Toombs County; state court; judge and solicitor....................................800, 851,
922, 924, 1461
HB 1757 --County boards of health; composition; certain ordinances ...........................773,

INDEX

2783

803, 1214, 1412, 2113 HB 1758 --Brantley County; certain county officers; compensation...............................800,
851, 922, 924, 1731 HB 1759 --Criminal records; purge; persons released without charge.....................801, 851 HB 1760 --Cairo, City of; Mayor and council members; qualifications..........................801,
851, 922, 924, 1731 HB 1761 --Miller County; education districts; reapportion .....................................801, 851,
922, 925, 1290 HB 1762 --Miller County; state court; judge and solicitor's salary.........................801, 851,
922, 925, 1290 HB 1763 --Warner Robins, City of; redevelopment powers .....................................801, 851,
922, 925, 1461 HB 1764 --Camilla, City of; two voting districts; councilmen's
election........................................................................801, 851, 922, 925, 1290 HB 1765 --Jefferson County; ad valorem tax; early payment discount;
extend Constitutional Amendment....................847, 920, 1033, 1034, 1626 HB 1766 --Upson County; homestead exemption; certain elderly ..........................847, 920,
1033, 1034, 1627 HB 1767 --DeKalb County; garbage and waste disposal; certain contracts;
extend Constitutional Amendment ....................847, 920, 1085, 1087, 1844 HB 1768 --Cobb County; fire protection districts; extend
Constitutional Amendment .................................847, 920, 1033, 1034, 1845 HB 1769 --Marietta, City of; education; bonds; extend
Constitutional Amendment.................................847, 920, 1033, 1034, 1845 HB 1770 --Cobb County; waste facilities; revenue bonds;
extend Constitutional Amendment....................847, 920, 1033, 1035, 1845 HB 1771 --Marietta, City of; downtown development authority;
extend Constitutional Amendment....................848, 920, 1033, 1035, 1845 HB 1772 --Marietta, City of; water, sewerage, electric systems; bonds;
extend Constitutional Amendment....................848, 920, 1033, 1035, 1845 HB 1773 --Cobb County; civil service system; extend
Constitutional Amendment .................................848, 920, 1033, 1035, 1845 HB 1774 --Cobb County; medical examiner; extend
Constitutional Amendment .................................848, 920, 1033, 1036, 1845 HB 1775 --Cobb County; sewer system and bonds; extend
Constitutional Amendment.................................848, 920, 1033, 1036, 1846 HB 1776 --Cobb County; board of education, elect; school superintendent
appoint; extend Constitutional Amendment ..................................848, 920, 1033, 1036, 1846
HB 1777 --Powder Springs, City of; downtown development authority; extend Constitutional Amendment ....................849, 920, 1033, 1037, 1846
HB 1778 --Cobb County; ordinances; adoption and violation; extend Constitutional Amendment.................................849, 920, 1033, 1037, 1846
HB 1779 --Cobb County; municipalities; assets and obligations; extend Constitutional Amendment.................................849, 920, 1033, 1037, 1846
HB 1780 --Austell, City of; homestead exemption; extend Constitutional Amendment .................................849, 920, 1085, 1087, 1627
HB 1781 --Cobb County; education districts; reapportionment; extend Constitutional Amendment .................................849, 920, 1033, 1037, 1846
HB 1782 --Cobb County; alcoholic beverages; tax revenue; extend Constitutional Amendment.................................849, 920, 1033, 1038, 1846
HB 1783 --Proposed development districts; ad valorem tax exemption .................802, 851
HB 1784 --Banks and trust companies; transfer fiduciary
responsibilities.........................................................802, 851, 920, 1105, 2113
HB 1785 --County board of tax assessors; membership.......................850, 920, 1440, 1469,
2289, 2338, 2604
HB 1786 --Marietta, City of; homestead exemption;

2784

INDEX

additional $4,000...................................................850, 920, 1033, 1038, 1847 HB 1787 --Columbus, City of; mayor or councilor; vacancy..........................850, 920, 1033,
1038, 1629, 1669 HB 1788 --Harris County; education districts; composition ....................................850, 920,
1085, 1087, 1731 HB 1789 --Carroll County; civil service board; composition...........................850, 920, 1033
1038, 1629, 1757 HB 1790 --Governmental reorganization study commission;
Fulton County......................................................................................802, 851 HB 1791 --Americus, City of; election date..................................850, 920, 1033, 1039, 1364 HB 1792 --Savannah, City of; corporate limits ............................850, 920, 1033, 1039, 1461 HB 1793 --Eminent domain; cost of proceedings...................................803, 851, 1265, 1325 HB 1794 --Interference with child custody; violating visitation
rights period................................................851, 920, 1083, 1239, 2275, 2302 HB 1795 --Summertown, City of; incorporate..............................851, 920, 1033, 1039, 1627 HB 1796 --Putnam County; board of education; compensation..............................851, 920,
1033, 1039, 1461 HB 1797 --Hall County; license fees; unincorporated area;
extend Constitutional Amendment ...................................................851, 920 HB 1798 --Gwinnett County; board of education; compensation.............................852, 920 HB 1799 --Gwinnett County; state court judges; compensation...............................852, 920 HB 1800 --Gwinnett County; merit system; extend
Constitutional Amendment ................................................................852, 920
HB 1801 --Gwinnett County; board of commissioners; powers; extend Constitutional Amendment................................................................852, 920
HB 1802 --Gwinnett County; sanitation systems and procedures; extend Constitutional Amendment ...................................................852, 920
HB 1803 --Gwinnett County; industrial building authority; extend Constitutional Amendment................................................................852, 920
HB 1804 --Gwinnett County; board of education, elect; superintendent, appoint; extend Constitutional Amendment ...................................853, 920
HB 1805 --Gwinnett County; board of commissioners; powers; extend Constitutional Amendment ................................................................853, 920
HB 1806 --Gwinnett County; board of education; chairman's term ........................853, 920 HB 1807 --Gwinnett County; certain services; tax levy;
extend Constitutional Amendment ...................................................853, 920
HB 1808 --Gwinnett County; fire protection and sewerage districts; certain areas; extend Constitutional Amendment ..........................853, 920
HB 1809 --Colquitt County; board of commissioners; election .....................854, 920, 1085, 1087, 1735, 1736
HB 1810 --Colquitt County; board of education; compensation ..............................854, 920 1033, 1039, 1627
HB 1811 --Colquitt County; board of education; composition......................854, 920, 1085, 1088, 1629, 1736
HB 1812 --Education; aides work under teacher supervision ...................................854, 920 HB 1813 --Marietta, City of; education bonds; extend
Constitutional Amendment................................................................854, 920 HB 1814 --Marietta, City of; downtown development authority; extend
Constitutional Amendment ................................................................854, 920 HB 1815 --Telfair County; county officers; eligibility;
extend Constitutional Amendment....................854, 920, 1033, 1040, 1627 HB 1816 --Macon-Bibb County Transit Authority; group insurance.....................855, 920,
1033, 1040, 1864, 2020
HB 1817 --Vending machines; sale of condoms; certain prohibitions ...................915, 1031
HB 1818 --Indigent defense; liability of attorney ................................915, 1031, 1212, 1574
HB 1819 --Floyd County; homestead exemption; certain elderly..........................916, 1031,
1085, 1088, 1731

INDEX

2785

HB 1820 --Rome, City of; homestead exemption; certain elderly .........................916, 1031, 1085, 1088, 1731
HB 1821 --Floyd County; homestead exemption; certain elderly..........................916, 1031, 1085, 1088, 1732
HB 1822 --Dodge County-Eastman Development Authority; extend Constitutional Amendment ..................916, 1031, 1606, 1611, 2294
HB 1823 --Dodge County; board of education; election; extend Constitutional Amendment ..................916, 1031, 1888, 1889, 2294
HB 1824 --Eastman, City of; corporate limits............................916, 1031, 1606, 1611, 2294 HB 1825 --Chattooga County-Trion; schools; local option tax;
allocation ..............................................................917, 1031, 1085, 1088, 1461 HB 1826 --Chattooga County; state court; certain officials ...................................917, 1031,
1085, 1089, 1461 HB 1827 --Moultrie, City of; corporate limits ............................917, 1031, 1085, 1089, 1627 HB 1828 --Jenkins County; motor vehicles; registration ........................................917, 1031,
1085, 1089, 1627 HB 1829 --Conservation ranger; retirement; retain weapon and badge ................917, 1031 HB 1830 --Gwinnett County; merit system board....................................................917, 1031 HB 1831 --Driving under the influence; penalty.......................................................918, 1031 HB 1832 --Workers' compensation; persons delivering newspapers;
exclude.................................................................................................918, 1031 HB 1833 --Vidalia, City of; school district; acquire real estate .............................918, 1031,
1085, 1089, 1462 HB 1834 --Upson County; superior court clerk; personnel and
compensation.......................................................918, 1031, 1085, 1090, 1778 HB 1835 --Lake Lanier Islands Development Authority; actions;
jurisdiction...........................................................918, 1031, 1212, 1296, 2114 HB 1836 --Vocational and technical institutions; redesignate......................918, 1032, 1212 HB 1837 --DeKalb County; special services tax districts; extend
Constitutional Amendment ...............................918, 1032, 1085, 1090, 1847 HB 1838 --Richmond County; board of education; compensation........................919, 1032,
1085, 1090 HB 1839 --Apartment complex; eligible housing units;
certain persons ....................................................919, 1032, 1214, 1466, 2113 HB 1840 --Marietta, City of; downtown development authority...........................919, 1032,
1085, 1090, 2601 HB 1841 --DeKalb County; motor vehicles; registration ......................................1029, 1082,
1214, 1215, 1847 HB 1842 --Game and fish violations; probate courts; jurisdiction.......................1029, 1082 HB 1843 --Uniform Division; designate cadets as peace officers........................1030, 1082,
1266, 1671, 2453, 2542, 2604 HB 1844 --Barrow County; commissioners; records; purchases...........................1030, 1082,
1214, 1215, 1732 HB 1845 --Barrow County Airport Authority; create............................................!030, 1082,
1214, 1216, 1732 HB 1846 --Early County; development authority; extend
Constitutional Amendment.............................1030, 1082, 1214, 1216, 1627 HB 1847 --Randolph County; board of commissioners .........................................1030, 1083,
1214, 1216, 1627 HB 1848 --Quitman County; superior court clerk; compensation
and personnel ....................................................1030, 1083, 1214, 1216, 1628 HB 1849 --Webster County; industrial development authority; extend
Constitutional Amendment.............................1031, 1083, 1214, 1217, 1628
HB 1850 --Burke County; motor vehicles; registration.........................................1031, 1083,
1214, 1217, 1628
HB 1851 --Muscogee County; motor vehicles; registration..................................,1073, 1211,
1276, 1277, 1732

2786

INDEX

HB 1852 --Decatur, City of; corporate Iimits......................................l073, 1211, 1276, 1277 HB 1853 --Hall County; license fees; unincorporated area; extend
Constitutional Amendment.............................1074, 1211, 1276, 1278, 1732 HB 1854 --Atlanta, City of; urban enterprise zones.................................... 1031, 1083, 1606,
1611, 2132, 2196 HB 1855 --Smyrna, City of; homestead exemption; certain disabled;
extend Constitutional Amendment................1074, 1211, 1276, 1278, 2294 HB 1856 --Smyrna, City of; homestead exemption; certain residents;
extend Constitutional Amendment................l074, 1211, 1276, 1278, 2294 HB 1857 --Gwinnett County; board of education; compensation........................1074, 1211,
1276, 1278, 1732 HB 1858 --Gwinnett County; state court judges; compensation..........................1074, 1211,
1276, 1279, 1779, 1820, 2095, 2119, 2219, 2219, 2290 HB 1859 --Gwinnett County; merit system; extend
Constitutional Amendment.............................l074, 1211, 1276, 1279, 1732 HB 1860 --Gwinnett County; board of commissioners; certain powers;
extend Constitutional Amendment................l075, 1211, 1276, 1279, 1732 HB 1861 --Gwinnett County; sanitation systems; districts; extend
Constitutional Amendment.............................1075, 1211, 1276, 1279, 1733 HB 1862 --Gwinnett County; industrial building authority; extend
Constitutional Amendment.............................1075, 1211, 1276, 1280, 1733 HB 1863 --Gwinnett County; board of education, elect; superintendent
appoint; extend Constitutional Amendment..............................1075, 1211, 1276, 1280, 1733
HB 1864 --Gwinnett County; board of commissioners; certain ordinances; extend Constitutional Amendment................1075, 1211, 1276, 1280, 1733
HB 1865 --Gwinnett County; board of education; chairman's term...................1075, 1211, 1276, 1280, 1733
HB 1866 --Gwinnett County; certain services; tax levy; extend Constitutional Amendment................1076, 1211, 1276, 1281, 1733
HB 1867 --Gwinnett County; certain services; unincorporated area; extend Constitutional Amendment................ 1076, 1211, 1276, 1281, 1733
HB 1868 --DeKalb County; state court; certain fees.............................................!076, 1211, 1276, 1281, 1847
HB 1869 --Hart County; coroner; compensation......................!076, 1211, 1276, 1282, 2295 HB 1870 --Chattooga County; hospital authority; vacancies ...............................1076, 1211,
1276, 1282, 1847 HB 1871 --Chattooga County; development authority; extend
Constitutional Amendment.............................1076, 1211, 1276, 1282, 1847 HB 1872 --Forsyth County; Water and Sewerage Authority; abolish.................!077, 1211,
1276, 1282, 1778
HB 1873 --Etowah-Forsyth Water Authority; members' appointment.............. 1077, 1211, 1276, 1282, 1778
HB 1874 --Locksmiths; licensing...............................................................................1077, 1211 HB 1875 --Landlord and tenant; replace locks; new tenant .................................1077, 1211
HB 1876 --Local governments; investments; certain financial institutions........................................................................................1077, 1211
HB 1877 --Chatham County; magistrate court.........................!077, 1211, 1276, 1283, 2295 HB 1878 --Taxation; fraudulent returns; penalties ................................................1077, 1211
HB 1879 --Certain controlled substances; duplicate prescriptions; Board of Medical Examiners .........................................................1078, 1211
HB 1880 --Metter-Candler County Airport Authority; create.............................1078, 1211,
1276, 1283, 1778
HB 1881 --DeKalb County Land Use Study Commission; re-create..................!078, 1211,
1276, 1283, 1848
HB 1882 --Pardons and paroles; certain life sentences; , 1211

INDEX

2787

HB 1883 --Macon, City of-Bibb County; zoning procedures; extend Constitutional Amendment.............................1078, 1211, 1276, 1283, 2295
HB 1884 --Macon-Bibb County Board of Health; extend Constitutional Amendment .............................1078, 1211, 1276, 1284, 2295
HB 1885 --Macon-Bibb County Industrial Development Authority; extend Constitutional Amendment................l079, 1211, 1276, 1284, 2295
HB 1886 --Macon, City of-Bibb County; consolidation; extend Constitutional Amendment .............................1079, 1211, 1276, 1284, 2295
HB 1887 --Garden City, City of; corporate Iimits..............................l079, 1211, 1324, 1324 HB 1888 --Public property; filing of conveyances;
amend provisions....................................!079, 1211, 1241, 1357, 1483, 2282 HB 1889 --Rossville, City of; tax assessor and coordinator's
office; abolish.....................................................l080, 1211, 1276, 1284, 1848 HB 1890 --Tallapoosa, City of; development authority; extend
Constitutional Amendment .............................1080, 1211, 1276, 1285, 1628 HB 1891 --Haralson County; contracts and notes; extend
Constitutional Amendment.............................1080, 1211, 1276, 1285, 1628 HB 1892 --Waco, City of; development authority; extend
Constitutional Amendment.............................1080, 1211, 1276, 1285, 1628 HB 1893 --Valdosta State College; special license plate........................................!080, 1211 HB 1894 --Cartersville, City of; development authority;
extend Constitutional Amendment ................1081, 1211, 1276, 1285, 1628 HB 1895 --Adairsville, City of; development authority; extend
Constitutional Amendment.............................1081, 1211, 1276, 1285, 1628 HB 1896 --Fulton County; library tax; exempt City of East Point .....................1081, 1211 HB 1897 --Gwinnett County, merit system board; certain duties.......................!081, 1211,
1276, 1286, 1734 HB 1898 --Cobb County-Marietta Water Authority; amend
Act creating........................................................!081, 1211, 1276, 1286, 2602 HB 1899 --Troup County; board of education; referendum.................................!081, 1211,
1276, 1286, 1848 HB 1900 --Mortgages; cancellation procedures; certain counties.........................1082, 1211 HB 1901 --Bibb County; treasurer; abolish office..................................................l082, 1211,
1276, 1286, 2295 HB 1902 --Macon-Bibb County; urban development authority; extend
Constitutional Amendment .............................1082, 1211, 1276, 1287, 2295 HB 1903 --Floyd County; board of elections and registration;
create...................................................................!082, 1211, 1276, 1287, 1734 HB 1904 --Statesboro, City of; downtown development authority; extend
Constitutional Amendment .............................1082, 1211, 1276, 1287, 1778 HB 1905 --Hall County; motor vehicles; registration............................................1082, 1211,
1276, 1287, 1734 HB 1906 --Felony cases; probation; maximum fine .....................................1206, 1274, 1433 HB 1907 --Cobb County; state court judges; compensation.................................l206, 1274,
1437, 1438, 1848 HB 1908 --Haralson County; water authority; membership.................................l207, 1274,
1358, 1359, 1778 HB 1909 --Jackson County; board of education, elect;
superintendent, appoint; extend Constitutional Amendment........................................................l207, 1274, 1358, 1359, 1778 HB 1910 --West Jackson Fire District; extend Constitutional Amendment................l207,
1274, 1358, 1359, 1778
HB 1911 --Jackson County; industrial development authority; extend
Constitutional Amendment.............................1207, 1274, 1358, 1359, 1778
HB 1912 --Jackson County; GBI authorization; extend
Constitutional Amendment .............................1207, 1274, 1358, 1360, 1778
HB 1913 --Tift County; board of commissioners; districts...................................!207, 1274,

2788

INDEX

1437, 1438, 1848 HB 1914 --Tift County; education districts; provisions........................................1207, 1274,
1437, 1438, 1848 HB 1915 --Turner County; sheriff; compensation ...................1208, 1274, 1358, 1360, 1849 HB 1916 --Turner County; development authority; extend
Constitutional Amendment .............................1208, 1274, 1358, 1360, 1849 HB 1917 --Driver's license; habitual violator status; moving
violations..................................................l208, 1274, 1275, 1472, 2565, 2587 HB 1918 --Butts County; tax commissioner; supplemental salary......................1208, 1274,
1358, 1360, 2296 HB 1919 --Clarke County; coroner; compensation ......................................1208, 1274, 1358,
1360, 1864, 2064, 2115 HB 1920 --Macon, City of; corporate limits ............................................................1208, 1274 HB 1921 --Felony conviction; probation; maximum fine.......................................l208, 1274 HB 1922 --Douglas County; chief magistrate; compensation...............................1209, 1274,
1358, 1361, 2107 HB 1923 --Douglas County; motor vehicles; registration......................................!209, 1274,
1358, 1361, 2107 HB 1924 --Bibb County; motor vehicles; registration...........................................1209, 1274,
1358, 1361, 2296 HB 1925 --DeKalb County; firemen; time on duty .................1209, 1274, 1358, 1362, 1849 HB 1926 --DeKalb County; firemen; time on duty .................1209, 1274, 1358, 1362, 1849 HB 1927 --Cosmetologists; services in location other than
beauty salon......................................................................................!209, 1274 HB 1928 --Houston County; school system; tax proceeds;
extend Constitutional Amendment................l210, 1274, 1358, 1362, 1779 HB 1929 --Cobb County; state court; amend provisions ......................................1210, 1274,
1358, 1362, 1849 HB 1930 --Allentown, City of; new charter...............................!269, 1356, 1570, 1571, 2296 HB 1931 --Landlord and tenant; removal of tenants' mobile home;
writ of possession........................................................1269, 1356, 1600, 1653 HB 1932 --Commerce, City of; amend Act incorporating.....................................l210, 1274,
1358, 1363, 1779 HB 1933 --Austell, City of; new charter........................................................!269, 1356, 1570,
1571, 2308, 2308 HB 1934 --Marietta, City of; councilman; qualifications......................................!210, 1274,
1570, 1571, 2602 HB 1935 --Marietta, City of; corporate Iimits..........................l210, 1274, 1570, 1571, 1849 HB 1936 --Kennesaw, City of; corporate Iimits..................................l210, 1274, 1570, 1571 HB 1937 --Kennesaw, City of; corporate Iimits..................................l210, 1274, 1570, 1572 HB 1938 --Sapelo Island Heritage Authority; Hog Hammock Community........l211, 1274
1357, 1573, 2283 HB 1939 --Summerville, City of; corporate limits.................................................1269, 1356,
1452, 1454, 2133, 2180 HB 1940 --Closely held corporations; minority shareholder;
certain actions ..................................................................................1269, 1356 HB 1941 --Lawrenceville, City of; new charter ............................................1269, 1356, 1570,
1572, 2133, 2180 HB 1942 --Spalding County; motor vehicles; registration ....................................1270, 1356,
1452, 1455, 2296 HB 1943 --Cedartown, City of; development authority; extend
Constitutional Amendment.............................1270, 1356, 1452, 1455, 1849
HB 1944 --Peach County; water and sewerage authority; create........................1270, 1356,
1452, 1455, 1779
HB 1945 --Nunez, City of; incorporate......................................!270, 1356, 1452, 1455, 2107
HB 1946 --Gordon County; coroner; compensation.....................................!270, 1356, 1452,
1455, 1851, 2009

INDEX

2789

HB 1947 --Motor vehicle sales; mandatory insurance coverage; proof...................................................................................................1270, 1356
HB 1948 --Carroll County; board of education; compensation; procedures ..........................................................1270, 1356, 1452, 1456, 2107
HB 1949 --Catoosa County; board of utilities commissioners; compensation.....................................................!271, 1356, 1452, 1456, 2296
HB 1950 --Catoosa County; certain officers; hospitalization insurance ............................................................1271, 1356, 1452, 1456, 2296
HB 1951 --Catoosa County; probate judge; clerical help......................................!271, 1356, 1452, 1456, 2296
HB 1952 --Agency for Removal of Hazardous Materials; create.........................1271, 1356, 1357, 1650, 2114
HB 1953 --Hazardous materials; state officials; liability insurance......................................................................l271, 1356, 1357, 1651, 1926, 2001, 2138, 2458, 2604
HB 1954 --Motor vehicle insurance; driving without proof; license suspension.........................................................................................1271, 1356
HB 1955 --Comer, City of; mayor; term....................................1272, 1356, 1688, 1690, 2107 HB 1956 --Gwinnett County; motor vehicles; registration...................................1272, 1356,
1452, 1457, 2107 HB 1957 --Bulloch County; motor vehicles; registration......................................1272, 1356,
1452, 1457, 2296 HB 1958 --Douglasville-Douglas County Water and Sewer
Authority; membership ....................................1272, 1356, 1452, 1457, 2107 HB 1959 --Twiggs County; school superintendent; appointment........................1273, 1356,
1452, 1457, 2296 HB 1960 --Ivey, City of; new charter.......................................................................!273, 1356,
1452, 1458, 2297 HB 1961 --Spalding County; coroner; compensation.............................................1273, 1356,
1452, 1458, 2297 HB 1962 --State Patrol; certain clothing allowance.....................................1273, 1356, 1678 HB 1963 --Cobb Judicial Circuit; district attorney; personnel
and compensation...................................!273, 1356, 1452, 1458, 1852, 2008 HB 1964 --Clarke County; state court judge; compensation................................!273, 1356,
1452, 1458, 1849
HB 1965 --Local boards of education; teachers and principals; assignments......................................................................................-1350, 1450
HB 1966 --Effingham County; motor vehicles; registration.................................1350, 1450, 1606, 1611, 2297
HB 1967 --Centerville, City of; redevelopment; authorization.............................l350, 1450, 1606, 1612, 2297
HB 1968 --Savannah, City of; historic zones; establish ........................................1350, 1450, 1606, 1612, 2297
HB 1969 --Property; easements; effect of nonuse.......................-...........................1351, 1450 HB 1970 --Haralson County; school tax collections ..............................................1351, 1450,
1606, 1612, 1850 HB 1971 --Lakeland-Lanier County Charter Commission; create ......................1351, 1450,
1606, 1612, 1850 HB 1972 --Chattooga County; board of commissioners; create ...........................1351, 1450,
1606, 1613, 2297
HB 1973 --Walton Industrial Building Authority; extend Constitutional Amendment .............................1351, 1450, 1606, 1621, 2108
HB 1974 --Motor vehicle certificate of title; certain vehicles;
emission standards...........................................................................!351, 1450
HB 1975 --Glynn County; motor vehicles; registration.........................................l352, 1450,
1606, 1621, 2297
HB 1976 --Catoosa County; tax commissioner; compensation.............................1352, 1450,

2790

INDEX

1688, 1690, 2297 HB 1977 --Ad valorem tax; electric utilities; allocation.........................................l352, 1450 HB 1978 --Polk County; motor vehicles; registration............................................!352, 1450,
1606, 1621, 1850 HB 1979 --Columbia County; homestead exemption .............................................1352, 1450 HB 1980 --Columbia County; motor vehicles; registration...................................!352, 1450,
1606, 1622, 1850 HB 1981 --Bulloch County; board of commissioners;
amend provisions..............................................1352, 1450, 1606, 1622, 2297 HB 1982 --Carroll County; board of education; elections; certain
members.............................................................1353, 1450, 1606, 1622, 2108 HB 1983 --Carroll County; superior court clerk; compensation ..........................1353, 1450,
1606, 1622, 2108 HB 1984 --Food Act; labeling of beef ........................................1353, 1439, 1450, 1637, 2282 HB 1985 --Butts County, Flovilla, Jackson, Jenkinsburg Water
and Sewer Authority; create............................!353, 1451, 1606, 1623, 2298 HB 1986 --Veterinary care; records; privileged information ................................1353, 1451,
1452, 1651, 2114 HB 1987 --Macon, City of; redevelopment powers..................1353, 1451, 1606, 1623, 2298 HB 1988 --Bibb County; redevelopment powers......................!354, 1451, 1606, 1623, 2298 HB 1989 --Worth County; board of education; compensation.............................1354, 1451,
1606, 1623, 2298 HB 1990 --Worth County; board of education; elections......................................!354, 1451,
1688, 1690, 2298 HB 1991 --Brooks County; development authority; extend
Constitutional Amendment.............................1354, 1451, 1606, 1623, 1850 HB 1992 --Adopted persons; certain records; access..............................................1354, 1451
HB 1993 --Jackson County; motor vehicles; registration......................................1354, 1451, 1606, 1624, 1850
HB 1994 --Banks County; motor vehicles; registration.........................................1355, 1451, 1606, 1624, 2298
HB 1995 --Jackson County; water and sewerage authority; create .....................1355, 1451, 1606, 1624, 1850
HB 1996 --Dalton, City of; building authority; extend Constitutional Amendment.............................1355, 1451, 1606, 1624, 2298
HB 1997 --Screven County; motor vehicles; registration......................................1355, 1451, 1606, 1625, 2108
HB 1998 --Emanuel County Development Authority; creating; extend Constitutional Amendment.............................1355, 1451, 1606, 1625, 2108
HB 1999 --Stephens County; board of commissioners; compensation................1355, 1451, 1606, 1625, 1857
HB 2000 --Statesboro, City of; new charter..............................!355, 1451, 1888, 1889, 2298 HB 2001 --Aid to families with dependent children; exempt
certain income...................................................1355, 1451, 1452, 1652, 2283 HB 2002 --County tax; municipal downtown development; financial
assistance...........................................................................................l356, 1451 HB 2003 --Emergency telephone number 911 system; maintenance fees...........1443, 1604 HB 2004 --Barrow County; motor vehicles; registration.......................................1443, 1604,
1688, 1693, 2299 HB 2005 --Gordon County; motor vehicles; registration...................!444, 1604, 2215, 2216 HB 2006 --Whitfield County; board of commissioners; members.......................1444, 1604,
1688, 1693, 2108
HB 2007 --Rockmart, City of; development authority; extend
Constitutional Amendment.............................1444, 1604, 1688, 1694, 2108
HB 2008 --Richland, City of; corporate limits .........................1444, 1604, 1688, 1694, 2299
HB 2009 --Mountain Judicial Circuit; investigator; compensation......................1444, 1604
1688, 1694, 2299

INDEX

2791

HB 2010 --Cook County; board of education; elections..............................................................l444, 1604, 1688, 1694, 2108
HB 2011 --Cook County; board of commissioners; elections; districts...............................................................l444, 1604, 1688, 1695, 2109
HB 2012 --Cobb-Marietta Coliseum and Exhibit Hall Authority; members.............................................................1444, 1604, 1688, 1695, 2602
HB 2013 --Pelham, City of; mayor and council; elections, residency.............................................................!445, 1604, 1688, 1695, 2109
HB 2014 --Pelham, City of; board of education; elections; residency.............................................................!445, 1604, 1688, 1695, 2109
HB 2015 --Fireworks; safety regulations ..................................................................1445, 1604 HB 2016 --Habersham County; board of commissioners; compensation............1445, 1604,
1688, 1698, 2299 HB 2017 --Bulloch County; superior court clerk; employees'
compensation.....................................................1445, 1604, 1688, 1698, 2299 HB 2018 --Bulloch County; probate judge; clerks' compensation.......................1445, 1604,
1688, 1698, 2299 HB 2019 --Bulloch County; tax commissioner; employees ...................................1446, 1604,
1688, 1698, 2299 HB 2020 --Bulloch County; coroner; compensation...............................................!446, 1604,
1688, 1698, 2299 HB 2021 --Douglas County; coroner; compensation................1446, 1604, 1688, 1699, 2299 HB 2022 --Butts County; board of commissioners; amend provisions...............1446, 1604,
1688, 1699, 2300 HB 2023 --Marion County; board of education; members ...................................1446, 1604,
1688, 1699, 2300 HB 2024 --Marion County; commissioner districts .................1446, 1604, 1688, 1699, 2300 HB 2025 --Dougherty Judicial Circuit; judges; supplements...............................1446, 1604,
1688, 1700, 2109 HB 2026 --Dougherty County; state court; costs
and fees...............................................................l446, 1604, 1688, 1700, 2109 HB 2027 --Dougherty County; motor vehicles; registration.................................1447, 1604,
1688, 1700, 2109 HB 2028 --Clayton County; homestead exemptions..............................................!447, 1604,
1688, 1700, 2109 HB 2029 --Clayton County; board of education; chairman..................................!447, 1604,
1688, 1701, 2109 HB 2030 --Clayton County; board of education; vacancies..................................!447, 1604,
1688, 1701, 2110 HB 2031 --Clayton County; board of commissioners; amend provisions......................!447,
1604, 1688, 1701, 2110 HB 2032 --Clayton Judicial Circuit; superior court judges;
supplement.........................................................l447, 1604, 1688, 1701, 2110 HB 2033 --Clayton County; probate judge; compensation ...................................1448, 1604,
1688, 1701, 2110 HB 2034 --Clayton County; certain officers; compensation .................................1448, 1604,
1688, 1702, 2110 HB 2035 --Clayton County; state court deputy clerk; create
office....................................................................!448, 1604, 1688, 1702, 2110 HB 2036 --Clayton County; tax commissioner and deputy;
compensation.....................................................!448, 1604, 1688, 1704, 2110 HB 2037 --Clayton County; coroner; compensation ................1448, 1604, 1688, 1704, 2110
HB 2038 --Clayton Judicial Circuit; district attorney;
supplement.......................,.................................1448, 1604, 1688, 1704, 2111
HB 2039 --Clayton County; board of education and school superintendent
extend Constitutional Amendment................l449, 1604, 1688, 1704, 2111
HB 2040 --Clayton County; civil service system; extend

2792

INDEX

Constitutional Amendment.............................1449, 1604, 1688, 1705, 2111 HB 2041 --Clayton County; business licenses; unincorporated area;
extend Constitutional Amendment................1449, 1604, 1688, 1705, 2111
HB 2042 --Clayton County; ordinances; extend Constitutional Amendment.............................1449, 1604, 1688, 1705, 2111
HB 2043 --Clayton County; indebtedness; extend Constitutional Amendment.............................1449, 1604, 1688, 1705, 2111
HB 2044 --College Park, City of; corporate Iimits.................................................l449, 1604, 1688, 1706, 2300
HB 2045 --Mountville Water Authority; amend provisions .................................1450, 1604, 1688, 1706, 2300
HB 2046 --Bulloch County; sheriffs employees; overtime provisions...........................1450, 1604, 1688, 1706, 2300
HB 2047 --Civil office; disabled individuals; employment preference.........................................................................................-1450, 1604
HB 2048 --Dental hygienists; certain duties............................................................l450, 1604 HB 2049 --Education; testing and attendance counts; prohibitions..............................1450,
1604, 1604 HB 2050 --Camden County; motor vehicles; registration .....................................1602, 1686,
1772, 1773, 2300 HB 2051 --Income tax; teen recreational centers; exemption...............................1602, 1686 HB 2052 --Rabun County; board of commissioners; chairman............................1603, 1686,
1772, 1773, 2300 HB 2053 --Baldwin, City of; new charter..................................!603, 1686, 1772, 1773, 2301 HB 2054 --Bartow County; homestead exemption; certain elderly.....................1603, 1686,
1772, 1773, 2301 HB 2055 --Dade County; board of education; quorum .........................................1603, 1686,
1772, 1774, 2301
HB 2056 --Banks County; business licenses; extend Constitutional Amendment.............................1603, 1686, 1772, 1774, 2301
HB 2057 --Pooler, City of; corporate limits..............................1603, 1686, 1772, 1774, 2301 HB 2058 --Macon, City of; preferential tax assessment; certain
property; extend Constitutional Amendment.............................1603, 1686, 1772, 1776, 2301
HB 2059 --Medical equipment; prohibit certain type for circumcisions....................................................................-................1686, 1770
HB 2060 --Gordon County; board of commissioners.........................1686, 1770, 1888, 1908 HB 2061 --Lumpkin County; motor vehicles; registration ...................................1686, 1770,
1833, 1833, 2301 HB 2062 --Ware County; board of commissioners; powers and duties ..............1686, 1770,
1888, 1908, 2301 HB 2063 --Alto, Town of; mayor and council; terms ............................................1769, 1832,
1888, 1913, 2302 HB 2064 --Buford, City of; corporate Iimits.................................................l769, 1832, 1888,
1913, 2133, 2181 HB 2065 --Duluth, City of; amend charter...............................1769, 1832, 1888, 1913, 2302 HB 2066 --TVA; payments to local governments; formula ...................................1769, 1832 HB 2067 --East Ellijay, City of; new charter............................!769, 1832, 1888, 1914, 2302 HB 2068 --Catastrophic Health Insurance Act; provide........................................!769, 1832 HB 2069 --Cobb County; Civil Service System; authorization .............................1769, 1832
1888, 1914, 2602 HB 2070 --Cobb County; license fees and occupational tax; extend
Constitutional Amendment.............................1770, 1832, 1888, 1914, 2602
HB 2071 --City of Islands; proposed charter................................................!770, 1832, 1888,
1914, 2161, 2274
HB 2072 --Powder Springs, City of; corporate Iimits.............................................l832, 1862
HB 2073 --Clayton County; motor vehicles; registration.......................................!862, 2103

INDEX

2793

HB 2074 --Smoking in public places; prohibitions .................................................2102, 2277 HB 2075 --Newborn infants; circumcision; informed consent...............................2102, 2277 HB 2076 --Moped; definitions....................................................................................2103, 2277

PART III
HOUSE RESOLUTIONS
HR 9 --Property tax relief; elderly - CA.............................................................No Action HR 10 --State Port Facilities Accident Study Committee;
create ..................................................................................................No Action HR 14 --County or municipal jail; incur debt for building - CA......................No Action HR 16 --Notaries Public Study Committee; create ............................................No Action HR 17 --Legislators of the Year; plaque placed in Capitol ...............................No Action HR 19 --Lotteries; charitable organizations; provide - CA................................No Action HR 25 --Public Officials; federal felony indictment;
suspension - CA................................................................................No Action HR 26 --Speaker of House; serve 6 years - CA ...................................................No Action HR 53 --Joint Savannah Transit Authority Study Committee;
create..................................................................................................No Action HR 54 --United States Representative or Senator;
registered voter.................................................................................No Action HR 55 --Jimmy Carter Parkway; designate .........................................................No Action HR 56 --Martial Arts Study Committee; create..................................................No Action HR 67 --Intangible property tax; certain exemption - CA ................................No Action HR 68 --Civil rights; prohibit discrimination because of
race, sex, religion or national origin - CA ....................................No Action HR 69 --Public emergency medical technicians;
indemnification - CA...............................................................856, 1681, 2287 HR 70 --State Commission on Legislative Compensation;
create ..................................................................................................No Action HR 71 --Joint Public Utility Rate-making Process Study
Committee; create ............................................................................No Action HR 72 --State Housing Activities Study Committee; create.............................No Action HR 73 --Special 1% sales tax; educational purposes - CA................................No Action HR 77 --Special state sales tax; educational purposes - CA..............................No Action HR 78 --State lottery; educational purposes; indigent
care - CA............................................................................................No Action HR 85 --Disparity in Sentencing Study Committee; create ..............................No Action HR 86 --Joint Drug Classification Study Committee; create............................No Action HR 87 --Death sentence; moratorium...................................................................No Action HR 88 --Teachers Retirement; certain former teachers;
membership - CA .............................................................................No Action HR 96 --Housing Needs Study Committee; create.............................................1771, 2245 HR 97 --Atlanta-Chattanooga Railroad; terminate lease...................................No Action HR 103 --District of Columbia; representation; ratify
United States Constitution.........................................................No Action HR 107 --Initiative petition; power to enact or reject - CA................................No Action HR 108 --Pari-mutuel wagering; certain counties - CA .......................................No Action HR 109 --State School Superintendent; change name to
Commissioner of Education - CA............................................................1451

2796

INDEX

HR 110 --Initiative petition; power to enact or reject - CA................................No Action HR 118 --Counties or municipalities; urban enterprise zones - CA...................No Action HR 125 --Public School Employees' Retirement; health
insurance plan for retirees - CA..........................................1357, 1472, 2288 HR 165 --I. M. Peeples Memorial Bridge; designate............................................No Action HR 169 --Child Abuse Study Committee; create ..................................................No Action HR 178 --Cobb County; convey property ...............................................................No Action HR 204 --Carter, Bobbie; compensate ....................................................................No Action HR 221 --Rail Abandonment Study Committee; create.......................................No Action HR 227 --Joint House and Senate Utility Franchise Study
Committee; create............................................................................No Action HR 228 --Smith, lan Scot; compensate...................................................................^ Action HR 229 --Boykin, Julia S.; compensate..................................................................No Action HR 231 --Special investigative grand juries; jurisdiction - CA ...........................No Action HR 233 --Uniform Opening Date for School Calendar Year
Joint Study Committee; create......................................................No Action HR 237 --Pardons and Paroles, State Board of; members;
election...............................................................................................No Action HR 238 --Highways; University of Georgia; erect directional
sign .....................................................................................................No Action HR 239 --Joint Land Use Planning Procedures Study
Committee; create ............................................................................No Action HR 260 --Medal of Honor; authorization to design and strike...........................No Action HR 272 --Pardons and Paroles, State Board of; elect members.........................No Action HR 277 --House Law Enforcement Stress Management Study
Committee; create ............................................................................No Action HR 279 --Local option sales tax; educational purposes;
property tax relief - CA ..................................................................No Action HR 280 --Board of Regents; members' terms - CA ..............................................No Action HR 296 --Driving under the influence; treatment; portion
of fine or forfeiture - CA.................................................................No Action HR 301 --Law Enforcement Officer Salary Incentive Study
Committee; create ............................................................................No Action HR 320 --Uniform Opening Date for School Calendar Year
House Study Committee; create ....................................................No Action HR 325 --House Ad Valorem Property Taxation Study
Committee; create............................................................................No Action HR 328 --Motor Transit Load Limitation Study Committee;
create..................................................................................................No Action HR 329 --House Diversion Centers and Halfway Houses Study
Committee; create............................................................................No Action HR 330 --Colonel Mancel Newman Bridge; designate..................................-192, 786, 1292 HR 331 --Boards of education, elect; school superintendents,
appoint - CA .....................................................................................No Action HR 332 --House Land Use Planning Procedures Study
Committee; create ............................................................................No Action HR 334 --Telephone Harassment Study Committee; create ...............................No Action HR 363 --Counties or municipalities; water or sewage
facilities; financed by Georgia Development Authority - CA.............................................................................207, 281, 867 HR 364 --House Study Committee on District Directors of Family and Children Services; create ...........................................No Action
HR 396 --Changes in the Domicile Insurance Companies Study
Committee; create ............................................................................No Action
HR 397 --County consolidation; remove referendum
requirement - CA .............................................................................No Action
HR 398 --Governor's Private Sector Survey Committee on Cost

INDEX

2797

Control in State Government; create ............................................No Action HR 415 --House of Representatives; invite former members
to House.............................................................................................No Action HR 416 --Counties or municipalities; water or sewage
facilities; contracts - CA................................................................................32 HR 444 --General Assembly provide by law; grants of
clemency, reprieves, pardons and paroles and to commute penalties - CA...........................................................................32 HR 445 --Indemnification; district attorneys; apprehension of criminal - CA.................................................................32, 629, 1023, 1057 HR 454 --Notify Senate; House convened............................................................................10 HR 455 --Notify Governor; General Assembly convened............................................10, 34 HR 456 --Rules of House; adopt............................................................................................lO HR 457 --Joint Session; Governor's message .................................................................10, 35 HR 458 --State auditor; election......................................................................................!3, 34 HR 459 --Adjourn 1/17/86; reconvene 1/27/86 ..............................................................15, 35 HR 460 --King, Don; invite to House.......................................................................l6, 42, 44 HR 461 --New trials for certain prisoners; deplore court decision...............................................................31, 40, 316, 1019, 1632 HR 462 --Retired Persons Study Committee; create....................................................31, 40 HR 463 --Lotteries; provide for operation by nonprofit organizations - CA..........................................................31, 40, 264, 614, 645 HR 464 --Hartsfield Atlanta International Airport Overview Committee; create ...................................................................31, 40, 775, 904 HR 465 --Joint Tandem Trailer Access to Public Roads Study Committee; recreate....................................................31, 40, 416, 1096, 1854 HR 466 --House Motor Vehicle License Plate Transfer Study Committee; create ....................................................................................31, 40 HR 467 --First Incarceration Penal Facility Study Committee; create.....................31, 40 HR 468 --House Teenage Pregnancy Study Committee; create.................................32, 40 HR 469 --House Charitable Fundraising Activities Study Committee; create..........................................................................................................32, 41 HR 470 --Georgia Bureau of Investigation; designate Phil Peters Building.....................................................32, 41, 629, 840, 1854 HR 471 --Headrick, J. P.; compensate .................................................................32, 41, 1083 HR 472 --Lost Mountain Scenic Highway; designate .......................32, 41, 416, 944, 1734 HR 473 --Elliott, Bill; invite to House.....................................................................16, 62, 73 HR 474 --Williams, Reverend Hosea; invite to House.........................................16, 62, 304 HR 475 --Abernathy, Dr. Ralph David; invite to House.....................................l6, 62, 304 HR 476 --Child abuse or sexual abuse victims; restitution........................................39, 62,
178, 330, 1462 HR 477 --Child abuse; training in management of cases............................................40, 62,
178, 330, 1463 HR 478 --Teen-Age Pregnancy Study Committee; create...........................................59, 87 HR 479 --Ad valorem tax; historic district; assessments - CA....................................59, 87 HR 480 --Public funds; prohibit laws against certain investments;
foreign countries - CA.............................................................................59, 87 HR 481 --Smith, Glenn; compensate ...............................................60, 87, 1083, 1264, 2115 HR 482 --Douglas County; grant easement.........................................60, 87, 316, 672, 1366 HR 483 --Hardaway High School; commend .......................................................................42 HR 484 --Brown, Honorable Joseph E.; condolences .........................................................42 HR 485 --McNeill, Dr. A. A.; commend................................................................................43
HR 486 --Sims, Guy; commend..............................................................................................43
HR 487 --Fort Junior High School; commend.....................................................................43
HR 488 --McGlaun, Stewart; condolences...........................................................................^
HR 489 --Goare, Sheriff George Edward; condolences.......................................................43
HR 490 --Watson, Mrs. Hazel; condolences.........................................................................43

2798

INDEX

HR 491 --Edmonson, Steve; commend..................................................................................43 HR 492 --Hazouri, Dr. Louis Abraham; condolences..........................................................43 HR 493 --Taylor, Zachary Bouvier; commend.....................................................................43 HR 494 --Tech High Day; designate January 15.................................................................43 HR 495 --Lynn-Cuthbert railroad; relative to closing ........................................................43 HR 496 --Dillon-Kingswood railroad; relative to closing ...................................................43 HR 497 --Bryant, Henry E.; commend.................................................................................44 HR 498 --Certain industrial development bonds; urge disapproval.................................44 HR 499 --Joint Session; Governor's message; invite Supreme
Court Justices and Appeals Court Judges ...........................................44, 64 HR 500 --Western and Atlantic Railroad; amend lease......................60, 87, 113, 231, 813 HR 501 --State officials; certain election; plurality vote - CA....................................60, 87 HR 502 --South African political prisoners and detainees;
call for release................................................................60, 87, 856, 940, 1047 HR 503 --Otto, Kevin; commend...........................................................................................44 HR 504 --Phillips, Eugene; commend ...................................................................................44 HR 505 --Public officials; suspension for felony indictment;
compensation - CA .......................................................60, 87, 179, 341, 2114 HR 506 --Judges; suspension from office; compensation - CA ..................................60, 87,
179, 344, 2114 HR 507 --Hamilton County, Tennessee; convey property..........................................61, 87,
316, 719, 1735 HR 508 --Hospital Cost Containment Study Committee;
create .........................................................................................61, 87, 264,723 HR 509 --Local schools; General Assembly provide additional
revenue - CA....................................................................61, 87, 266, 439, 473 HR 510 --Ad valorem tax; agricultural land fixtures - CA..........................................61, 87 HR 511 --Beech, Helen; compensate...............................................................................61, 87 HR 512 --Norfolk Southern Corporation; State Properties
Commission; amend lease............................................61, 87, 113, 332, 1224 HR 513 --Persons, Mrs. Allene; compensate .....................................................86, 112, 1357 HR 514 --Bibb County; grant easement................................86, 112, 316, 1126, 1632, 2011 HR 515 --MARTOC; Resolution creating; date of repeal.........................................86, 112,
207, 254, 692 HR 516 --Mandela, Nelson and South African political prisoners;
call for release.................................................................................................64 HR 517 --United States Constitution; urge amendment; silent
prayer in schools....................................................86, 112, 1369, 1474, 2098, 2122, 2161, 2161
HR 518 --Children and Youth Study Committee; create......................86, 112, 1213, 1673 HR 519 --Pulaski County; convey property......................................lll, 165, 316, 443, 867 HR 520 --Millsaps, Martha; compensate...............................................Ill, 165, 1083, 1264 HR 521 --Infantile autism; urge uniform definition................................Ill, 165, 628, 722 HR 522 --Parrott, Roy Lawrence, Jr.; invite to House.......................................................94 HR 523 --Deal, Dewayne; invite to House............................................................................95 HR 524 --Gracewood; designate Norman B. Pursley Georgia
Developmental Center......................................................Ill, 165, 921, 1117 HR 525 --Court rule; General Assembly approval - CA..........................111, 165, 315, 704 HR 526 --Chow, Sonjia; commend.......................................................................................l34 HR 527 --Scott, Amy; commend ..........................................................................................134 HR 528 --Dasher, Scott; commend......................................................................................134 HR 529 --Tillman, Mark; commend....................................................................................134
HR 530 --Fields, Laura; commend.......................................................................................134
HR 531 --Chancey, Bert; commend.....................................................................................134
HR 532 --Gabriel, Bryan; commend....................................................................................134
HR 533 --King, Steven; commend.......................................................................................134
HR 534 --Thomas, Lynda; commend ..................................................................................134

INDEX

2799

HR 535 --Thomas, Christa; commend.................................................................................l34 HR 536 --Wilson, Lisa; commend ........................................................................................134 HR 537 --Owens, Jamie; commend......................................................................................134 HR 538 --Brantley, Richard; commend...............................................................................l35 HR 539 --Glass, Tina; commend..........................................................................................135 HR 540 --Williford, Julie; commend ...................................................................................135 HR 541 --Vandiver, Tommy; commend..............................................................................135 HR 542 --Perry, Kevin; commend .......................................................................................135 HR 543 --Georgia Hussars of Savannah; 250th anniversary; honor...............................135 HR 544 --Southern States Correctional Association;
17th anniversary; recognize ................................................................135, 194 HR 545 --Pursley, Dr. Norman B.; honor...........................................................................!35 HR 546 --Emergency Management Personnel Recognition Day;
designate 2/12/86..........................................................................................135 HR 547 --Jarrell, Ann Smith; condolences .........................................................................135 HR 548 --Fincher, Dr. Cameron; recognize........................................................................135 HR 549 --West Rome High School; recognize ...................................................................135 HR 550 --Mayors and municipal officers and employees; recognize ..............................136 HR 551 --Hames, Dr. Curtis G.; commend ........................................................................136 HR 552 --Rogers, Honorable Grady M.; commend ...........................................................136 HR 553 --Barnum, John Lee; condolences .........................................................................136 HR 554 --Ferguson, W. W.; commend ................................................................................136 HR 555 --Adams, Dr. Nellie Ruth Wright; commend ......................................................136 HR 556 --Trinity Furniture Shops, Inc.; commend ..........................................................136 HR 557 --Estes, Jamey; commend.......................................................................................136 HR 558 --Poole, Scott; commend................... .....................................................................136 HR 559 --Harper, Hal; commend.........................................................................................l36 HR 560 --Crisp, Tommy; commend.....................................................................................l36 HR 561 --M. L. King, Jr., Selma to Atlanta Relay; recognize ........................................136 HR 562 --Reagin, Steve; commend......................................................................................l36 HR 563 --Townsend, Gary; commend.................................................................................137 HR 564 --Barron, Brian; commend......................................................................................137 HR 565 --Victims of crime; compensation - CA...............................................112, 165, 316 HR 566 --Effingham County; grant easement..................................164, 191, 316, 436, 867 HR 567 --Peterson, Annie M.; compensate................................!64, 191, 1357, 1577, 2099,
2123, 2165, 2304, 2507 HR 568 --Andy's of Rome, Inc.; compensate .............................................................164, 191 HR 569 --Solid Waste Disposal Site Selection Study
Committee; create ................................................................................189, 217 HR 570 --Palmer, Mickey; compensate..................................................!90, 217, 1083, 1264 HR 571 --Counties or municipalities; planning and zoning
powers - CA ..........................................................................................190, 217 HR 572 --Brooks County; convey property.....................................!90, 217, 316, 712, 1735 HR 573 --University System Laboratory, Equipment and Eminent Scholars
Endowment Study Committee......................................190, 217, 1862, 2125 HR 574 --Wesleyan College; invite president to House...................................l74, 415, 444 HR 575 --Lincoln County Red Devils and Coach Larry Campbell;
invite to House.............................................................................l74, 415, 444 HR 576 --Calhoun County High School Baseball Team; commend ...............................174 HR 577 --Joint Liability Insurance Study Committee; create.......................!90, 217, 736,
901, 1633, 1677 HR 578 --Social Security; urge legislation on benefit levels .................................174, 1292
HR 579 --Grants for certain social programs; urge continued funding .........................174
HR 580 --Pearson-Sylvester railroad; protest closing.............................................175, 1224
HR 581 --Brooks, Devarl; commend....................................................................................175
HR 582 --Vivian, Dr. C. T.; commend ................................................................................175
HR 583 --Overby, Hugh O., Jr.; condolences.....................................................................175

2800

INDEX

HR 584 --Sutter, Luther Oneal, M. D.; commend ............................................................175 HR 585 --Brantley County; convey property...........................................190, 217, 316, 892,
2098, 2124, 2288 HR 586 --Lowndes County; convey property....................................215, 263, 316, 435, 867 HR 587 --Franklin County; bid for state property..........................................215, 263, 685,
1056, 1107, 1735 HR 588 --Roland Hayes Parkway; designate..................................215, 263, 416, 832, 1632 HR 589 --Motor Vehicle Taxation Study Committee; create .................................215, 263 HR 590 --House After School Program Study Committee; create.........................215, 263 HR 591 --R. Sidney Lowrey, Sr., Memorial Bridge; designate ..............................262, 314,
416, 723, 1292 HR 592 --Myrick, David J.; compensate ....................................................................262, 314 HR 593 --Nail, Wyman, Jr. and Rhonda; compensate.......................262, 314, 1357, 1578,
2099, 2146, 2221, 2244, 2288, 2559, 2607 HR 594 --House Farm Crisis in Georgia Study Committee; create.......................262, 314 HR 595 --Sales tax; 4%; certain exemptions - CA ...................................................262, 314 HR 596 --Governor's Commission on Black on Black
Crime; create.........................................................................................263, 314 HR 597 --Federal income tax; certain deductions; urge
United States Constitutional Amendment......................................313, 355, 776, 1024, 1632
HR 598 --Parent-Teacher Association; commend; designate 2/18/86 PTA Day........................................................................304
HR 599 --Martin, Honorable Jim and Joan; congratulations on 16th anniversary .....................................................................................304
HR 600 --Berrier, Chuck; condolences ...............................................................304, 415, 444 HR 601 --Jenkins, Honorable Ed; invite to House...........................................304, 415, 444 HR 602 --Georgia Tech football team; commend; invite
mascot "Buzz" to House.............................................................304, 415, 444 HR 603 --Cremins, Coach and Georgia Tech Basketball Team; commend;
invite mascot "Buzz" to House .................................................304, 415, 444 HR 604 --Curry, Coach Bill; commend ...............................................................................305 HR 605 --Joyner, Earvin L. "Pete"; condolences..............................................................305 HR 606 --Georgia's Conservation district supervisors; recognize....................................305 HR 607 --Heard, Melvin Johnson; condolcnces.................................................................305 HR 608 --Philpot, Mr. and Mrs. Hugh; congratulating....................................................305 HR 609 --Lee, Pat and Thespian Troupe 2390, Griffin High
School; commend..........................................................................................305 HR 610 --King, Coretta Scott; commend ...........................................................................305 HR 611 --Alzheimer's Disease Study Committee; commend
Department of Human Resources .............................................................305 HR 612 --Thigpen, Docia; congratulate on 100th birthday .............................................305 HR 613 --American Association of Retired Persons, Upson County,
Chapter 2258; commend..............................................................................305 HR 614 --Dallas, Dr. R. E.; commend.................................................................................305 HR 615 --Pruitt, Gary; condolences ....................................................................................305 HR 616 --Martin, Dr. Robert B., Ill; commend ................................................................306 HR 617 --Faircloth, Thomas Elmer; condolences..............................................................306 HR 618 --Owens, Vera Nelle Young; commend.................................,...............................306 HR 619 --Georgia Southern Football Team; commend....................................................306 HR 620 --Russell, Coach Erk; commend ............................................................................306 HR 621 --Anderson, Kankakee; commend..........................................................................306
HR 622 --Dunwoody, William Elliott, Jr.; condolences....................................................306
HR 623 --Camden County Sheriffs Office; commend......................................................306
HR 624 --Challenger; honor crew.........................................................................................306
HR 625 --Wilson, Reverend E. J., Sr.; condolences ..........................................................306
HR 626 --Raglin, Reverend Moses L.; honor.....................................................................306

INDEX

2801

HR 627 --Hill, Coach John; commend ................................................................................307 HR 628 --Fulton County School System; recognize ..........................................................307 HR 629 --Sagamore Hills Elementary School; commend.................................................346 HR 630 --Agricultural Stabilization Program; urge continuation...................................346 HR 631 --Specialist 5th Class Dorsey and Sexton and
Lieutenant Berger; invite to House..........................................346, 415, 444 HR 632 --Maddox, David N.; compensate .................................................................313, 355 HR 633 --Grady County; convey property to City
of Cairo.......................................................................353, 413, 685, 755, 1366 HR 634 --Gingrich, Congressman Newt; invite to House................................346, 415, 444 HR 635 --Boone, Willie Lee; compensate....................................313, 355, 1357, 1578, 2115 HR 636 --McAuliffe, Christa; in remembrance..................................................................346 HR 637 --Seat belts; encourage use.....................................................................................346 HR 638 --Center for Rehabilitation Technology Study Committee;
re-create ............................................................................353, 413, 1862, 2456 HR 639 --Harrelson, Michael; commend ............................................................................346 HR 640 --Joint Liability Insurance Cost Containment Study
Committee; create................................................................................313, 355 HR 641 --Governor's No-Fault Insurance Review Commission; create.................411, 454 HR 642 --Johnson, Terry Lamar; compensate......................................413, 454, 1357, 1578 HR 643 --Sawyer, Barbara Ann Rozier; compensate.................413, 454, 1357, 1579, 2115 HR 644 --Indemnification; law enforcement officers, firemen and
prison guards; permanent disability - CA ..............................413, 454, 856, 1299, 1370, 1641, 2138, 2174, 2284, 2305
HR 645 --Georgia Southern Football Team; commend....................................................445 HR 646 --Cobb County Community School Program; commend ...................................445 HR 647 --Firemen's Recognition Day; commend firelighters..........................................445 HR 648 --Forshee, Jim; commend .......................................................................................445 HR 649 --Wall, Jeffrey Thorpe; honor................................................................................445 HR 650 --Morgan, Nancy; congratulate..............................................................................445 HR 651 --Wildes, Lovie Morgan; congratulate ..................................................................445 HR 652 --University of Georgia Lady Bulldog Basketball Team; commend................445 HR 653 --Clarke Central High School Football Team; congratulate.............................445 HR 654 --Henderson, Coach Billy; commend ....................................................................445 HR 655 --Darden, Honorable George W. "Buddy"; invite
toHouse........................................................................................477, 736, 766 HR 656 --Aquaculture Study Committee; create............................................625, 683, 1862 HR 657 --House Research Office; provide; amend HR 3..............................477, 856, 1060 HR 658 --Presidential veto; appropriations; urge constitutional
amendment...........................................................................................454, 627 HR 659 --General Assembly members; four-year terms - CA.................................625, 683 HR 660 --DeKalb County Government Study Commission; create ......................625, 683,
1084, 1416, 2283 HR 661 --Aquaculture; harvesting of fish; recognize .............................626, 683, 774, 1068 HR 662 --Public authority; counties or municipalities; certain
prohibitions - CA................................626, 683, 804, 1410, 2077, 2078, 2280 HR 663 --Youth Conservation Corps Study Committee;
create.................................................................................682, 736, 1084, 1238 HR 664 --Mitchell, Henry, III; invite to House................................................641, 856, 891 HR 665 --McGee, Willie B., Jr.; invite to House............................................641, 921, 1060 HR 666 --Webb, Paul; d.b.a. Kwik Copy #206; compensate.......................627, 683, 1083,
1264, 2099, 2119, 2221, 2272, 2288, 2545, 2607
HR 667 --Child support cases; county of residence - CA ........................................682, 736
HR 668 --Cobb-Marietta Junior League; commend..........................................................652
HR 669 --Georgia Parent Teacher Association; commend...............................................652
HR 670 --Cobb County Parent Teacher Association; commend.....................................652
HR 671 --Tapp Middle School; commend..........................................................................652

2802

INDEX

HR 672 --Conn, James Lee; commend................................................................................652 HR 673 --Richardson, C. V., Thompson, Steven W., Usher, S. W.; commend.............652 HR 674 --Orr, Marion E.; commend....................................................................................652 HR 675 --Girl Scout Gold Award; commend outstanding young women ......................652 HR 676 --Thomson High Bulldogs Football Team; commend........................................652 HR 677 --Gunn, Heather; commend....................................................................................652 HR 678 --VFW and Ladies Auxiliary; commend Belvedere Post 4706 .........................653 HR 679 --Navajo-Hopi Land Resettlement Act; urge repeal................................653, 1044 HR 680 --Fuel economy standards; urge amendment by NHTSA.................................653 HR 681 --Health-screening program; urge assistance of Association
County Commissioners of Georgia.............................................................653 HR 682 --Bolster, Honorable Paul; wish happy birthday................................................665 HR 683 --Lee, Honorable William J.; express appreciation ............................................665 HR 684 --Peters, Honorable Phil; condolences.................................................666, 775, 891 HR 685 --House Study Committee on Taxation of Recreational
Watercraft; create ................................................................................735, 774 HR 686 --Atlanta-Fulton County Taxation Study Commission;
create.......................................................................682, 736, 1084, 1672, 2283 HR 687 --Joint Farm Labor Sanitation Study Committee;
create.........................................................................682, 736, 774, 1119, 2283 HR 688 --Special Agriculture Study Committee; create .......................683, 736, 774, 1467 HR 689 --Nettles, M. C.; compensate...............................736, 774, 1083, 1265, 2099, 2274,
2326, 2456, 2560, 2607 HR 690 --Henry L. Reaves Arena; designate................................772, 803, 921, 1064, 1782 HR 691 --Sam P. McGill Exhibition Building; designate.......................................772, 803,
921, 1065, 1632 HR 692 --House Uniform School Starting Date Study
Committee; create ...........................................................772, 803, 1771, 1865 HR 693 --Highways; unincorporated communities; erect sign................................773, 803 HR 694 --Rules of House; amend 23 ..................................................................765, 775, 796 HR 695 --NutraSweet Company; commend .......................................................................765 HR 696 --Augusta Area Technical School; commend.......................................................765 HR 697 --Tarkenton, Fran; commend.................................................................................765 HR 698 --Plunkett, Ava Frances Sewell; condolences ......................................................765 HR 699 --Chatham, J. Howard; commend .........................................................................765 HR 700 --Law Enforcement Appreciation Day; recognize ...............................................765 HR 701 --Fowler, Robert R., Jr.; condolences ...................................................................766 HR 702 --Greer, Alvia Julian; commend.............................................................................766 HR 703 --Georgia Military College; commend...................................................................766 HR 704 --Singleton, Dale; condolences ...............................................................................766 HR 705 --Park facilities; urge reduced prices for senior citizens....................................766 HR 706 --Deferral of community development block grant funds;
urge Congressional opposition....................................................................766 HR 707 --Elderly Volunteer Service Credit Study Committee; create..................773, 803 HR 708 --House Study Committee on Municipal Courts; create...........................773, 803 HR 709 --Ad valorem tax; certain agricultural improvements;
exemption..............................................................................................773, 803 HR 710 --House Study Committee on Superior Court Judgeships;
create......................................................................................................773, 803 HR 711 --Barnes, Chadwick Shane; commend ..................................................................798 HR 712 --Atlanta, City of; relative to slumlords ...............................................................798 HR 713 --Georgia Recreation and Park Society; commend.............................................798
HR 714 --Russell, Coach Erk and Georgia Southern Football Team;
invite to House.............................................................................798, 856, 891
HR 715 --Property Damage by Deer Study Committee;
create.................................................................................802, 851, 1452, 1759
HR 716 --Task Force on Funding of Indigent Health Care Programs;

INDEX

2803

request Governor create.......................................802, 851, 1084, 1343, 1854 HR 717 --English; designate official language of the
State of Georgia ....................................................802, 851, 1212, 1650, 2283 HR 718 --Development districts; creation; ad valorem tax
exemption..........................................803, 851, 1276, 1643, 1682, 2284, 2492 HR 719 --High School Dropouts Study Committee; create................851, 920, 2103, 2327 HR 720 --Newton, Louie DeVotie; place portrait in State
Capitol ..................................................................919, 1032, 1213, 1303, 1854 HR 721 --Gordon, Trooper Joseph M.; commend.............................................................889 HR 722 --Lupton, Representative John and Laura; congratulations.............................889 HR 723 --Robertson, Paul B.; commend ............................................................................889 HR 724 --Leavy, Carl F.; commend.....................................................................................889 HR 725 --National salute to hospitalized veterans; commend VA.................................889 HR 726 --Kinney, Lieutenant William; commend ............................................................889 HR 727 --Hardison, Colonel Hugh; commend ...................................................................889 HR 728 --Whitener, Investigator Bill; commend...............................................................889 HR 729 --Crews, Alvin L., Ill; commend............................................................................889 HR 730 --Maloof, Chief Deputy Mike; commend .............................................................890 HR 731 --Shiflett, Investigator Bill; commend..................................................................890 HR 732 --Dekle, Nicole; commend ......................................................................................890 HR 733 --Dekle, Catherine; commend ................................................................................890 HR 734 --Targeted jobs tax credit; Congress urge to extend..........................................890 HR 735 --Georgia Farm Bureau Day - 2/20/86; proclaim................................................890 HR 736 --Child support programs; urge Judicial Council to study................................890 HR 737 --NASA; urge placement of teacher on next space shuttle flight ....................890 HR 738 --Federal vote fraud investigation; "rge cessation..............................................890 HR 739 --Women's History Week; designate 3/2/86..............................................890, 1632 HR 740 --M. L. King, Jr., Selma to Atlanta Relay; recognize
participants...................................................................................................890 HR 741 --Republican National Convention in 1988; relative to.....................................891 HR 742 --Woodall, Franklin D.; compensate............................919, 1032, 1357, 1579, 2115 HR 743 --Breen, Norman; compensate ......................................919, 1032, 1357, 1579, 2115 HR 744 --Motor vehicles; distinctive markings; driving under
the influence conviction ....................................................................919, 1032 HR 745 --Peace Officers Memorial Week; recognize ........................................................935 HR 746 --Harris, Honorable Joe Frank; invite to House.................................................939 HR 747 --Wigginton, Eliot; invite to House and recognize
Foxfire program .....................................................................1026, 1084, 1096 HR 748 --Teacher Education Study Commission; create................!031, 1083, 2278, 2499 HR 749 --Age of Criminal Responsibility Study Committee;
create .......................................................................................1031, 1083, 2103 HR 750 --Youth Assembly; commend officials......................................................l059, 2497 HR 751 --Atlanta in DeKalb Study Commission; create.....................................!079, 1211 HR 752 --"Grafted with Pride in the USA" logos; urge placement by
textile manufacturers.................................................................................1061 HR 753 --Weitman, Dr. Ronald Edsel; commend...........................................................l061 HR 754 --Truett-McConnell College; recognize...............................................................!061 HR 755 --Gingrich, Honorable Newton Leroy "Newt"; commend...............................1061 HR 756 --Youth Art Month in Georgia; relative to........................................................1061 HR 757 --Turner, Mayor J. L. "Honey"; condolences....................................................1061 HR 758 --Baranco, Gregory T.; commend........................................................................1061 HR 759 --Helmly, Freddie R.; condolences......................................................................1061
HR 760 --Carr, Hubert 0.; condolences............................................................................!061
HR 761 --Sutherland, J. E. "Gene"; commend................................................................!062
HR 762 --Grand or trial jurors; selection - CA .....................................................1079, 1211
HR 763 --Pardons and paroles; certain drug activities;
prohibitions - CA .............................................................................1080, 1211

2804

INDEX

HR 764 --Fortenberry, William "Scott"; commend........................................................1096 HR 765 --Adjourn 2/21/86; reconvene 2/24/86............................................1205, 1245, 1263 HR 766 --Pickling, William A., Jr.; commend..................................................................!234 HR 767 --Georgia Citizens for the Arts; commend.........................................................1234 HR 768 --Sutherland, J. E. "Gene"; commend................................................................!234 HR 769 --Smyre, Honorable Calvin; commend................................................................!234 HR 770 --Georgia Forestry Commission; transfer certain
structure to Schley County Board of Commissioners...................................................l272, 1356, 1605, 1675, 2283 HR 771 --Hunting Seasons Study Committee; create.....................1272, 1356, 1605, 1786 HR 772 --Story, Judge Rick; commend ............................................................................1247 HR 773 --Dixon, Dr. Pierce Kendal, Jr.; commend........................................................1247 HR 774 --Council for Children, Inc.; commend................................................-..............1247 HR 775 --Clayton County Council of Parent Teacher Association; commend......................................................................................................1247 HR 776 --Georgia Council of Child Abuse, Inc.; commend...........................................1247 HR 777 --Crumbley, Honorable Alex; commend............................................................-1247 HR 778 --Hughes, Mildred; commend ..............................................................................1247 HR 779 --Athens Christian School Golden Eagles; commend.......................................!248 HR 780 --Georgia Tech Golf Team; commend................................................................1248 HR 781 --Georgia Tech Baseball Team; commend.........................................................!248 HR 782 --Davis, John; commend.......................................................................................1248 HR 783 --School superintendents; qualifications - CA........................................1272, 1356 HR 784 --Franklin, H. Lehman, Jr.; commend................................................................l296 HR 785 --Forest Park Senior High School Baseball Team; invite to House.......................................................................l296, 1369, 1390 HR 786 --Welch, Lewis A., Jr.; commend.........................................................................l304 HR 787 --T.W. Josey High School Marching and Concert Bands and director; commend......................................................................................1305 HR 788 --Davis, Lola; commend........................................................................................1305 HR 789 --Wallace, Ed; commend.......................................................................................l305 HR 790 --Carmichael, Arthur Walker; condolences........................................................!305 HR 791 --Upchurch, Sara Hinton; recognize ...................................................................1305 HR 792 --Internal Revenue Code; urge implementation of certain changes.........................................................................................................1305 HR 793 --Brown, Rufus C.; commend...............................................................................l305 HR 794 --Carroll County Government Authority Study Commission; create...................................................................!273, 1356, 1369, 1576, 2114 HR 795 --Ad valorem tax; electric utilities; allocation - CA...............................1356, 1451 HR 796 --University of Georgia Cheerleaders; commend..........................l369, 1369, 1390 HR 797 --Zimmerman, Ken, President U. S. Jaycees; commend .................................1390 HR 798 --Acree, Walter Richard; commend.....................................................................l390 HR 799 --Georgia County Welfare Association; commend............................................1390 HR 800 --Georgia Federation of Women's Clubs; commend.........................................!390 HR 801 --Georgia Association of Educators; commend..................................................!390 HR 802 --Emery, Ralph; commend ...................................................................................1390 HR 803 --Clarke County Fire Department; commend ...................................................1390 HR 804 --Brooks, Ernest and Mrs. Hester Tanner; recognize ......................................1391 HR 805 --Ellis, William Marcene; commend....................................................................l391 HR 806 --Coggin, J. Milton; recognize..............................................................................1391 HR 807 --Murrah, William Madison; condolences ..........................................................1391 HR 808 --Farmers Market in Ellijay; apple cooler; construction fund........................1391
HR 809 --Temporary Help Services Week in Georgia; designate
10/12-18/86........................................................................................1391, 1857
HR 810 --Health improvement programs; urge establishment by State
Board of Education....................................................................................l391
HR 811 --Louisville, City of; ceremonial return of General Assembly ........................1391

INDEX

2805

HR 812 --Tallapoosa Garden Club; commend ............................................1436, 1436, 1436 HR 813 --Georgia Sheriffs Association; commend.........................................................1437 HR 814 --Peace Officers Association; commend..............................................................!437 HR 815 --Ringgold Chamber of Commerce; commend...................................................1437 HR 816 --University of Georgia Lady Bulldog Golf Team; honor ...............................1437 HR 817 --University of Georgia Lady Bulldog Volleyball Team; honor .....................1437 HR 818 --Georgia academic decathlon team; invite to House ......................................1437 HR 819 --University of Georgia Athletic All-Americans; honor...................................1437 HR 820 --University of Georgia Lady Bulldog Basketball Team; commend..............l437 HR 821 --Crompton, Mr. and Mrs. R. L.; 70th anniversary;
congratulations............................................................................................1437 HR 822 --Hutcheson, Honorable Lamar; commend........................................................1437 HR 823 --Joint Rules of Evidence Study Committee; create........................................!469
HR 824 --Opie, Brenda G.; 1986 Georgia Teacher of the year; invite to House.......................................................................l487, 1487, 1487
HR 825 --Opie, Brenda G.; 1986 Georgia Teacher of the year; commend..................1487 HR 826 --Wilcox County High School "Patriots"; honor ..............................................1487 HR 827 --Kaler, Irving; condolences .................................................................................1487 HR 828 --American Cancer Society; appreciation to volunteers...................................1488 HR 829 --Wilhoit, Sam; condolences.................................................................................l488 HR 830 --Copeland, J. Paul; commend.............................................................................l488 HR 831 --Barr, Irene McDearmid; commend ..................................................................1488 HR 832 --McCurdy, Lucille; commend.............................................................................1488 HR 833 --Harris, Irvin Tracy; commend ..........................................................................1488 HR 834 --Pruitt, Ledford B.; condolences........................................................................!488 HR 835 --House photography staff; relative to ...............................................................1488 HR 836 --Gault, Willie; invite to House...........................................................................1488 HR 837 --Clark, Myrvin C.; condolences ..........................................................................1488 HR 838 --Georgia academic decathlon team and coaches; invite to House................l488 HR 839 --DeKalb County Housing Study Committee; create.......................................l572 HR 840 --MARTA; exterior bus advertising; urge implementation .............................1600 HR 841 --Watson, John D., Jr., M. D.; commend...........................................................l600 HR 842 --Rules of the House; amend Rule 107...............................................................1637 HR 843 --Hudley, Geraldine West; commend..................................................................!650 HR 844 --Craft, Dr. Guy Calvin; commend........................-.............................................1650 HR 845 --Wilson, Honorable Joe Mack; commend .........................................................1650 HR 846 --Commemorative stamp; Courthouse Museum of Cleveland, Georgia.........l677 HR 847 --Perdue, Garland D., M. D.; commend.............................................................!677 HR 848 --Price, Reverend Nelson L.; recognize..............................................................1677 HR 849 --University System; reimbursement; damage in
certain lawsuit ..................................................................................1684, 1737 HR 850 --McNair, Ronald E.; condolences; invite family
to House..................................................................................l743, 2103, 2137 HR 851 --Public Fishing Areas Near Developmental Highways Study
Committee; create......................................................................................1824 HR 852 --Economic Development Through Historic Preservation Study
Committee; create..................................................................l824, 2278, 2551 HR 853 --Blackshear, City of; Georgia Walk of Fame; designate.................................!824 HR 854 --Willis, Maggie; commend...................................................................................!858 HR 855 --Coca-Cola; commemorate 100th anniversary..................................................1858 HR 856 --Smoak, Cameron; commend..............................................................................1858 HR 857 --Vicki Lee, Vicki Lynn and the New Cherokee Rose; commend..................1859
HR 858 --Turner, Shane; commend...................................................................................!859
HR 859 --Le Chasney, Dr. Charles; commend.................................................................l859
HR 860 --Baranco, Mr. Gregory T.; commend ................................................................1859
HR 861 -DeVan, James Wesley; commend.....................................................................1859
HR 862 --Woody, Walter W.; condolences .......................................................................1859

2806

INDEX

HR 863 --Anderson, Edith Kieffer; condolences .............................................................1859 HR 864 --Conference on Smoking or Health; commend sponsors................................ 1859 HR 865 --Frankum, Kathleen; commend .........................................................................1859 HR 866 --Benson, Peggy Dosser; honor ............................................................................ 1859 HR 867 --Culver Kidd Medical and Surgical Building; recognize................................ 1859 HR 868 --Melling, Harry S.; express appreciation .......................................................... 1860 HR 869 --Saylor, Jacquelyn Harmon; commend ............................................................. 1860 HR 870 --Jones, Sheriff Ralph; invite to House..............................................................l867 HR 871 --Aquino, President Corazon; congratulations................................................... 1867 HR 872 --Floyd County; 1986 STAR Students; commend ............................................ 1929 HR 873 --Templeton, C. O., Sr.; commend ...................................................................... 1929 HR 874 --Osment, Reverend Taylor Lee; recognize........................................................!929 HR 875 --Williams, Joseph; commend .............................................................................. 1929 HR 876 --Chatman, Nadine; commend.............................................................................l929 HR 877 --Hatcher, Agnes; commend.................................................................................!929 HR 878 --Henderson, John W.; commend........................................................................!929 HR 879 --Berry, Hiawatha; commend...............................................................................l929 HR 880 --Avery, Byllye Y.; commend ............................................................................... 1929 HR 881 --Groomes, Ruby; commend.................................................................................l929 HR 882 --Paul Anderson Youth Home; commend..........................................................l994 HR 883 --Smoking in state buildings; urge prohibition ................................................. 1994 HR 884 --Georgia Medical Association; adopt advice against routine
circumcision................................................................................................. 1994 HR 885 --Smoak, Cameron Mallory; commend...............................................................2047 HR 886 --Tesch, Tami; recognize.......................................................................................2124 HR 887 --Price, Bishop Joe; honor ....................................................................................2124 HR 888 --Telephone Pioneers; commend Dixie Chapter #23 ..................................... ..2124 HR 889 --Lamar County Comprehensive High School Trojans
basketball team; commend .......................................................................2134 HR 890 --Lamar County Comprehensive High School Lady
Trojans basketball team; commend.........................................................2134 HR 891 --Crawford, Betty; commend................................................................................2134 HR 892 --Buckley, Harold; honoring.................................................................................2134 HR 893 --Walker, Alice Malsenior; recognize ..................................................................2134 HR 894 --Belvedere Civic Club; commend.......................................................................2134 HR 895 --Smith, Reverend Jimmy L.; honor...................................................................2134 HR 896 --Handicapped Travel Club; welcome annual rally ...................................... ....2134 HR 897 --Daugherty, Reverend Robert E., Sr.; commend.............................................2134 HR 898 --Chattanooga Vietnam Era Veterans Counseling Center;
recognize ......................................................................................................2134 HR 899 --Burgess, Frank; commend .................................................................................2134 HR 900 --Usry, William; condolences................................................................................2135 HR 901 --Hedgepeth, Charsie; commend .........................................................................2135 HR 902 --Johnson High School "Knights" basketball team;
HR 903 -- Hammett, Dr. Howard Hilt, Jr.; condolences.................................................2135 HR 904 --Duncan, Sheriff Harlan T.; condolences .........................................................2135 HR 905 --Feagin, Margaret; commend..............................................................................2135 HR 906 --Davis, Scottie; recognize ....................................................................................2135 HR 907 --Big Red; commend..............................................................................................2135 HR 908 --Central High School Lions basketball team; commend................................2135 HR 909 --Central High School Lionettes basketball team; commend. .................... ....2135
HR 910 --Central High School Lions football team; commend ....................................2135 HR 911 --Shanor, Honorable Jennie C.; happy birthday...............................................2135
HR 912 --Hartman, Pam; commend..................................................................................2135
HR 913 --Andrews, Dr. Charles R., Jr.; condolences ......................................................2136
HR 914 --Ralston, Mrs. Jean; commend...........................................................................2136

INDEX

2807

HR 915 --Mary Persons High School Debate Team; commend....................................2136 HR 916 --McClelland, Keith; commend............................................................................2136 HR 917 --Hightower, George H., Sr.; commend ..............................................................2136 HR 918 --Milley, Al; commend...........................................................................................2136 HR 919 --Harris, John; commend......................................................................................2136 HR 920 --Nash, Bob; commend .........................................................................................2136 HR 921 --Underwood, Rudy; commend ............................................................................2136 HR 922 --South Fulton Running Partners; recognize.....................................................2136 HR 923 --Lithonia, City of; commend...............................................................................2136 HR 924 --Brookwood Warriors Boys Football Team; commend ..................................2136 HR 925 --Akin, Arthur V.; commend................................................................................2136 HR 926 --Stitcher, Donald; recognize................................................................................2137 HR 927 --Roquemore, Helen D.; commend......................................................................2137 HR 928 --Judy Taylor, Gail Buckner and Dawn Perry; commend ..............................2137 HR 929 --Bailey, Mr. and Mrs. Frank Irving, Sr.; 50th anniversary............................2137 HR 930 --Plant, Anne T.; commend..................................................................................2137 HR 931 --Atlanta Gas Light Co.; 130th anniversary ......................................................2137 HR 932 --Lucas, Jill; commend ..........................................................................................2137 HR 933 --Smith, C. Henry; commend...............................................................................2137 HR 934 --Rhea, Jerry; commend........................................................................................2137 HR 935 --George Goodwin Day in Georgia; recognize....................................................2206 HR 936 --Antique automobiles; taxation - CA......................................................2103, 2277 HR 937 --Thrash, Elmore C.; deliver message to Phillipine President .......................2258 HR 938 --Rules of House; amend Rule 5.....................................................225S, 2278, 2376 HR 939 --Murphy, Bill; commend .....................................................................................2258 HR 940 --Doorkeeper and assistant doorkeepers; commend .........................................2259 HR 941 --Bailey, Mark and Kinstlinger, Stan; commend..............................................2259 HR 942 --Wallace, Dennis; commend................................................................................2309 HR 943 --Nelson, Willie; commend ...................................................................................2378 HR 944 --House Page Staff; commend .............................................................................2378 HR 945 --Cooler, Cassandra; commend ............................................................................2378 HR 946 --Atlanta Symphony Orchestra; commend ........................................................2378 HR 947 --Gideon, Kathy; commend..................................................................................2378 HR 948 --Twiggs County High School Lady Cobras basketball
team; commend...........................................................................................2378 HR 949 --Wilkinson County High School Warriorettes basketball
team; commend...........................................................................................2378 HR 950 --Peace Officers Memorial Day; recognize 5/15/86...........................................2378 HR 951 --World Series Week; recognize...........................................................................2379 HR 952 --Barnesville-Lamar County fire organizations; commend..............................2379 HR 953 --Blumenfield, Dr. Warren S.; commend ...........................................................2379 HR 954 --Grant, Franklin D. and DeKalb County Board of
Education; commend .................................................................................2379 HR 955 --Georgia Lady Bulldogs Basketball Team; commend.....................................2379 HR 956 --Maxwell-Pregeant, Reverend Sammie; commend ..........................................2379 HR 957 --Fitzpatrick, Reverend Duross; congratulate ...................................................2379 HR 958 --Pebblebrook High School Marching Band; commend ..................................2379 HR 959 --Simmons, William P.; condolences...................................................................2379 HR 960 --Albany, City of; commemorate sesquicentennial birthday...........................2379 HR 961 --Clarke Central High School DECA; commend...............................................2379 HR 962 --Foster, Gurdon Robert, Jr., M. D.; commend ................................................2379 HR 963 --Nale, Thomas Alien; commend.........................................................................2379
HR 964 --Henry County Junior High School Warhawks basketball
team; commend...........................................................................................2380
HR 965 --Wilkerson, Bill; commend..................................................................................2380
HR 966 --Ferguson, Lucy Ricketson; recognize ...............................................................2380
HR 967 --Alien, Benjamin Heyward; commend ..............................................................2380

2808

INDEX

HR 968 --American Legion; congratulate on 67th birthday ..........................................2380 HR 969 --Phillips, Donna; commend.................................................................................2380 HR 970 --Tri-County Homeowners Association, jcommend ...........................................2380 HR 971 --Thomas, Eugene E.; commend..........................................................................2380 HR 972 --Brayboy, Ella Mae; commend...........................................................................2380 HR 973 --Shirley, Todd; commend....................................................................................2380 HR 974 --Kenn, Chris; commend.......................................................................................2380 HR 975 --Harrison, Walter W.; in memory ......................................................................2380 HR 976 --Barr, Robert L., Jr.; commend..........................................................................2380 HR 977 --Felton, Ambrose M.; commend.........................................................................2381 HR 978 --Golston, Donnie; commend................................................................................2381 HR 979 --Hardee, Chas; commend ....................................................................................2381 HR 980 --McClure, Chip; commend ..................................................................................2381 HR 981 --Chatham Artillery; recognize 200th anniversary............................................2381 HR 982 --Israel, State of; relative to.................................................................................2381 HR 983 --Tanner, Robert Earl, Jr.; condolences .............................................................2381 HR 984 --Walker, Alice; commend ....................................................................................2381 HR 985 --McDaniel, Dr. Charles; condolences.................................................................2381 HR 986 --Greene, Senator Richard; recognize.................................................................2453 HR 987 --Wallenda, Karl; urge commission of commemorative stamp .......................2453 HR 988 --Walk of Fame in Blackshear; official state walk ...........................................2454 HR 989 --Nash, Belinda; urge Gwinnett fund-raiser......................................................2454 HR 990 --Baha'i Faith; recognize certain statement.......................................................2454 HR 991 --Cobb County Elected Officials' Salary Study
Committee; create ......................................................................................2454 HR 992 --Public events in Atlanta; lack of police protection;
urge investigation .......................................................................................2454 HR 993 --Resource Conservation and Development Program; relative to ..................2454 HR 994 --Timber products; urge import limits...............................................................2454 HR 995 --Nuclear Waste dump facility; sites for public hearing .................................2454 HR 996 --Atlanta-Fulton County Stadium; relative to parking....................................2454 HR 997 --Kerr, Nancy; commend ......................................................................................2455 HR 998 --Knox, Mylie B.; commend on 100th birthday................................................2456 HR 999 --Sadler, Molly and Elizabeth; commend ..........................................................2505 HR 1000 --Bacon, Brett; commend......................................................................................2520 HR 1001 --Adjournment Sine Die; March 7, 1986..................................................2520, 2556 HR 1002 --Peters, Honorable Robert G.; commend .........................................................2592 HR 1003 --Clapp-Whiddon, Carol Elizabeth; commend ..................................................2593 HR 1004 --Bradbury, Ray; honor.........................................................................................2593 HR 1005 --Brown, Louise; commend...................................................................................2593 HR 1006 --Henry W. Grady High School Lady Knights; commend ..............................2593 HR 1007 --Legislative Budget Office; commend ...............................................................2593 HR 1008 --Legislative Counsel; commend office...............................................................2593 HR 1009 --Lovings, L. Edward; commend .........................................................................2593 HR 1010 --Lawson, John; commend....................................................................................2593 HR 1011 --Venable, Allison; commend ...............................................................................2593 HR 1012 --Auten, Honorable Dean; commend ..................................................................2593 HR 1013 --Radioactive waste repository; relative to location in
certain counties...........................................................................................2593 HR 1014 --Adjournment, Sine Die; amend ........................................................................2594 HR 1015 --Townsend, Honorable Kiliaen V. R.; recognize..............................................2599 HR 1016 --Ingram, Roberta; congratulations on 107th birthday....................................2600 HR 1017 --Dean, Honorable Douglas C.; commend ..........................................................2600 HR 1018 --Hamilton, Honorable DeWayne; recognize .....................................................2600 HR 1019 --Television satellite dishes; protection of owners and users..........................2600 HR 1020 --Adolph Coors Company; commend..................................................................2600 HR 1021 --Johnson, Honorable Frank B.; commend........................................................2600

PART IV
SENATE BILLS IN HOUSE
SB 2 --Judges and employees; liability insurance; provide coverage...............................................................................No Action
SB 3 --Municipal governing authority; members' terms..................................No Action SB 4 --Judges of Probate Courts Retirement Fund;
increase benefits........................................................218, 219, 264, 629, 2131 SB 5 --Insect stings; treatment with epinephrine .............................................No Action SB 13 --Alcoholic beverages; age for purchasing.................................................No Action SB 20 --Handicapped persons; access to public buildings.................................No Action SB 22 --Handicapped persons; Human Resources provide services.................No Action SB 24 --Judicial circuit; judge employ court administrator ..............................No Action SB 28 --Counties or municipalities; short-term indebtedness...........................No Action SB 29 --Driver's license; second suspension for driving under
the influence; alcohol education program ....................................No Action SB 32 --Respiratory Care Practices Act; enact...........................................855, 1101, 1294 SB 33 --Driving under the influence; nolo contendere plea;
requirements .....................................................................................No Action SB 34 --Elections; voter registration; location of cards......................................No Action SB 45 --Driver's license record; access; certain persons....................................1212, 1479,
1634, 1739, 1783, 1813, 1857, 2263 SB 46 --Wills; probate in solemn form; beneficiaries .........................................No Action SB 48 --State courts; juries; uniform procedures ................................................No Action SB 50 --Employees' Retirement; district attorneys'
secretaries; service credit ..........................................218, 220, 264, 629, 908, 1032, 1121, 1367
SB 56 --Hospital authorities; sale or lease of project; referendum..............................................!291, 1295, 1356, 1770, 2048, 2312, 2341, 2534, 2534, 2562, 2607
SB 65 --Branch banking; metropolitan statistical area; define.........................No Action SB 66 --Superior Court Clerks; liens; certain information ................................No Action SB 70 --Alcoholic beverages; election day; repeal provision..............................No Action SB 73 --Probate Court Judge; serve as magistrate; compensation.............................2098 SB 77 --Libel actions; evidence..............................................................................!408, 1631 SB 79 --Sex crimes; exploit child; reports by film processors...........................No Action SB 83 --Judicial circuits; compensating more than one law
clerk ...........................................................................................265, 2242,2290 SB 89 --Uniform Rules of the Road; amend provisions.....................................No Action SB 98 --Burning woods and lands; notify forest ranger.....................................No Action SB 101 --Civil practice; judgment by default ........................................................No Action SB 105 --General Assembly; retirement; creditable service.................................No Action SB 107 --Marietta, City of; de-annex certain property........................................No Action SB 109 --Superior Court Clerks Retirement; benefits ....................................218, 220, 264,
629, 791 SB 111 --Utilities; nuclear generating plants; costs..............................................No Action

2810

INDEX

SB 112 --Fiduciaries; certain investments .....................................................920, 2130, 2286 SB 117 --Milledgeville, City of; amend charter .....................................................No Action SB 120 --Legislative retirement; creditable service;
allowance ......................................................................219, 220, 264, 629, 903 SB 122 --Driving under the influence arrests; bail prohibitions.........................No Action SB 132 --Indigent pregnant women; hospital care ................................................No Action SB 135 --Stolen vehicles; proof of ownership; return .............................................416, 1063 SB 141 --Pike County; probate court judge; nonpartisan election.....................No Action SB 142 --Spalding County; probate court judge; nonpartisan
election...............................................................................................No Action SB 144 --African Development Bank; certain investments .................................No Action SB 145 --State Personnel Board; certain committees; review rules ...................No Action SB 146 --Crimes and offenses; sale of human body parts ...................................No Action SB 148 --Transportation, Department of; contract; bids .....................................No Action SB 150 --Annexation; municipal corporations; 100% of landowners.................No Action SB 152 --Mentally retarded persons; facilities; treatment......................................272, 273,
314, 628, 792 SB 153 --Mentally ill persons; involuntary hospitalization .................................No Action SB 161 --Workers' Compensation; reimbursement; health care
providers ............................................................................................No Action SB 162 --Workers' Compensation; hearings; time limitation ..............................No Action SB 163 --Workers' Compensation; benefits; time for payment...........................No Action SB 164 --Uniform Enforcement of Foreign Judgments Law;
enact ........................................................................................1771, 2093, 2285 SB 168 --Fulton County; voter registration; post card .........................................No Action SB 173 --Civil cases; order for trial; elderly ...........................................................No Action SB 174 --Superior Courts; retirement; spouse's benefits................................371, 375, 413,
629, 2178 SB 175 --Muscogee County; school board election; referendum.............................265, 270 SB 181 --Courts; domestic relations case; arrest for contempt ...........................No Action SB 183 --Appeals; superior court; term for trial ...................................................No Action SB 186 --Northeastern Judicial Circuit; add judge........................................415, 869, 1294 SB 189 --Coweta County; probate judge; nonpartisan election...........................No Action SB 193 --Wilkinson County; superior court clerk; compensation.......................No Action SB 194 --Wilkinson County; sheriff; compensation and personnel ....................No Action SB 195 --Wilkinson County; tax commissioner; compensation
and personnel....................................................................................No Action SB 196 --Wilkinson County; probate judge; compensation .................................No Action SB 206 --Employees' Retirement; withdrawals;
limit.............................................................................372, 375, 413, 629, 2179 SB 208 --Estates; appraisement of property; evidence.........................................No Action SB 211 --Alimony; modify judgment.......................................................................No Action SB 212 --Criminal trespassing; private property; weapons ..................................No Action SB 217 --Correctional institutions; violent death of inmate;
notify GBI.........................................................................................No Action SB 223 --Fulton County; health employees; retirement system
option; population classification................................................691, 693, 736 SB 228 --Local governments; amend audit provisions .........................................No Action SB 233 --Community care; lead agencies; services................................................No Action SB 235 --Health insurance; optional provisions; policy
language .............................................................................................No Action SB 249 --Probate court; chief clerks; appointment...............................................No Action
SB 258 --Alcoholic beverages; sales by drink; certain
prohibitions .......................................................................................No Action
SB 263 --Public Service Commission; nuclear generating
plants; prudency determination.....................................................No Action
SB 264 --Piedmont Judicial Circuit; add judge ..............................................415, 878, 1045

INDEX

2811

SB 267 --Pharmacists; continued education; licensing ...............................855, 2073, 2284, 2303, 2506, 2531, 2583, 2608
SB 272 --Glynn County; sheriff; automobiles ........................................................No Action SB 273 --Fulton County; tax payments; requirement.......................-.......1364, 1367, 1451,
2104, 2105 SB 275 --Cobb County; tax commissioner; compensation....................................No Action SB 279 --Union City, City of; associate judge .......................................................No Action SB 282 --Dawson County; license fees; unincorporated area...............................No Action SB 285 --Cobb Judicial Circuit; judges' retirement; certain
expenses .............................................................................................No Action SB 290 --Soperton, City of; council; elections..................................!734, 1736, 1770, 1888,
1915, 2115 SB 292 --Wholesale representatives; sales' contracts
in writing........................................................864, 868, 920, 1212, 2060, 2287 SB 293 --Special license plates; Young Harris College; commemorate
founding .........................................................420, 461, 627, 1213, 2244, 2287 SB 295 --Elections; straight party ballots; amend
provisions......................................................................................219, 220, 264 SB 296 --Elections; registrars, deputy registrars and members
of county boards of elections; eligibility for public office...............................................219, 220, 264, 685, 2198, 2604 SB 299 --Fish; unlawful to remove from waters of another......................................................................642, 643, 683, 1605, 2339 SB 300 --Cable television systems; franchise license......................................929, 931, 1032 SB 302 --Chiropractors; education requirements.........................372, 375, 413, 1687, 2375 SB 303 --Bingo games; fees for operations......................................272, 273, 314, 855, 1237 SB 304 --State patrol; mandatory retirement age ............................................780, 782, 803 SB 305 --Public officials and employees; political activities; authorize .......................................................................................272, 274, 314 SB 306 --Day-care center facilities; state employees.......................................420, 461, 627,
1771, 2334, 2603 SB 307 --Bad checks; penalty ..............................................................................780, 782, 803 SB 308 --Youth development centers; programs; juvenile
participation.............................................................420, 461, 627, 1771, 2253 SB 309 --Deprived child; detention hearing; time
limitation..................................................................744, 746, 774, 1212, 1760 SB 310 --Wills; validation; notary public attest................................................322, 324, 355 SB 311 --Estates; intestacy; deposit money ....................................322, 324, 355, 920, 2195 SB 312 --Attorneys; admission to practice law; fingerprint ...................................322, 324,
355, 855, 2243 SB 313 --Civil practice; juries; charges and instructions in
writing.........................................................................420, 461, 627, 921, 1920 SB 314 --Employment; attendance at judicial proceeding;
prohibit dismissal ..............................................................744, 746, 774, 1451 SB 315 --Civil actions; renewal of case after dismissal;
co8ts.....................................................................................372, 375, 413, 1265 SB 316 --Watercraft vessels; prohibit operation while under the
influence...........................................................l93, 221, 264, 415, 1098, 2291 SB 317 --Metropolitan rivers; environmental protection;
requirement...........................................459, 461, 627, 851, 1084, 1996, 2291 SB 318 --Certain persons; outpatient or inpatient treatment................................460, 461,
627, 2103, 2342, 2604
SB 319 --Corporations; mandatory cumulative voting of shares....................373, 376, 413
SB 320 --Driver's license; renewal; examination ...............................................689, 693, 736
SB 322 --Law enforcement officer and prison guard; compensation;
certain injuries ..............................................420, 461, 627, 1771, 2335, 2604
SB 323 --Juvenile courts; capital crimes; jurisdiction......................................690, 693, 736

2812

INDEX

SB 324 --Marietta, City of; deannex certain property.....................................167, 167, 191 SB 325 --Property; processioning of boundaries; certain
counties ...................................................................................1291, 1295, 1356 SB 326 --Seminars; false reason for holding; deceptive
practice..........................................................................................744, 746, 774 SB 327 --Anatomical Gift Act; consent of certain persons .............................866, 868, 920 SB 328 --Annexation; municipal corporations; independent school
systems ......................................744, 746, 774, 1214, 1764, 1782, 1822, 2064 SB 329 --Polygraph examination; certain prohibitions...................................372, 376, 413,
2065, 2233, 2288 SB 330 --Financial institutions; currency transactions; reports.............................459, 462,
627. 920, 1572 SB 331 --Motor vehicle certificate of title; transfer by probate
judge .....................................................420, 462, 627, 1687, 2044, 2179, 2269 SB 332 --Public gatherings; disorderly conduct; punishment ................................322, 324,
355, 2277 SB 334 --Bail bonds; terms and duration ...........................372, 376, 413, 1083, 2071, 2285 SB 335 --County boards of education; remove members ................................866, 868, 920 SB 337 --Georgia Ports Authority; property disposal;
requirement ..................................................................................272, 274, 314 SB 338 --Georgia Ports Authority; venue in actions .......................................272, 274, 314,
628. 913, 1045 SB 339 --Criminal Procedure; dismissal of action; cost
assessment .....................................................194, 221, 264, 1083, 1746, 2286 SB 340 --Magistrate Courts; amend provisions .....................................690, 693, 736, 1357,
1743, 2098, 2120, 2290 SB 341 --Uninsured Motor Vehicles; available coverages...................................!633, 1635,
1686, 1749, 2098, 2197 SB 342 --Probate Court Judges; retirement; time for payments...........................373, 376,
413, 629, 1740 SB 343 --Handicapped parking; special enforcement unit..............................!93, 221, 264 SB 344 --Criminal Procedure; aggravated sodomy; bail
requirements ..............................................................193, 221, 264, 855, 2371 SB 345 --Beer and Wine; retail sales; restrictions......................................!295, 1295, 1356 SB 346 --Consumers' Utility Counsel; abolishment ........................................322, 325, 355,
2060, 2127, 2286 SB 347 --Public officers; oath of office............................................372, 376, 413, 922, 1100 SB 348 --County surveyors; licensing..........................421, 462, 627, 651, 1083, 1867, 2287 SB 350 --Fish; certain species; amend provision for taking ...................................459, 462,
627, 1605, 1869 SB 351 --Juvenile proceedings; certain traffic or waterways
offenses; jurisdiction....................................................................690, 693, 736 SB 352 --State Government; microform standards;
amend provisions ......................................................421, 462, 627, 804, 1117 SB 353 --Calhoun County; board of education; extend Constitutional
Amendment..............................................................l66, 167, 191, 1324, 1324 SB 354 --Board of Landscape Architects; continue .................................272, 274, 314, 628 SB 355 --Arrest prior to trial; violations of county
ordinances.....................................................................l366, 1367, 1451, 2098 SB 356 --Distilled spirits; unlawful transportation; seizure ...................................372, 376,
413, 1687, 2505 SB 357 --Retired Teacher's Day; designate...............................................322, 325, 355, 851
SB 358 --Jury strikes; felony cases................................................................!630, 1635, 1686
SB 359 --Wayne County; coroner; compensation.............................!67, 167, 191, 857, 862
SB 362 --Law enforcement officers; discharging duty; prohibit
interference...................................................................................322, 325, 355
SB 364 --Wine and malt beverage sales; distance from church;

INDEX

2813

prohibitions ........................................................................273, 274, 314, 1084 SB 366 --Cosmetologists; dangerous products; prohibit certain
sales .....................................................................................421, 463, 627, 2103 SB 367 --Milledgeville, City of; corporate Iimits..............................l67, 167, 191, 805, 810 SB 368 --State examining boards; sanction businesses without
licenses........................................................................421, 463, 627, 775, 1742 SB 369 --Counties or municipalities; joint self-insurance
programs ........................................................812, 813, 851, 2123, 2312, 2605 SB 370 --Solicitors; qualifications................................323, 325, 355, 684, 1116, 1294, 1400 SB 372 --Cobb County; juvenile court judge; compensation..................................219, 221,
264, 629, 640 SB 373 --Cobb Judicial Circuit; judges' supplement.......................219, 221, 264, 629, 641 SB 374 --State courts; pre-sentence report; provide copy to
defendant..............................................................................373, 377,413, 855 SB 375 --Candidates; qualifications; amend provisions..................................690, 694, 736,
1214, 2206, 2605 SB 376 --Alcoholic beverages; consumption during pregnancy; post
danger sign...............................................................272, 274, 314, 1084, 1346 SB 377 --Nuisances; repair or close certain buildings .............................................421, 463,
627, 1357, 1995 SB 378 --Estates; tax exemption; investment of property ..............................867, 868, 920 SB 380 --Annexation; certain municipalities; limitations...................................1463, 1489,
1604, 1688, 1825, 2115 SB 381 --Health insurance; reimbursement for certain
services ..........................................................................................745, 746, 774 SB 384 --Insurance companies; liability reports..............................................812, 813, 851,
1771, 2065, 2285 SB 385 --Civil cases; pleading; required signature.................................421, 463, 627, 1265 SB 386 --Smyrna, City of; mayor and council; salaries...........................................271, 275,
314, 1214, 1217 SB 387 --Deceased persons; notification of infectious diseases .............................373, 377,
413, 855, 1297, 1631 SB 389 --Driver's license; driving during suspension;
penalty provisions........................................................................323, 325, 355 SB 390 --Motor vehicle insurance; failure to comply; penalty...............................798, 813,
851, 1605, 2221, 2285, 2304, 2507, 2521 SB 391 --Firefighter applicant; criminal record; disclosure................................1043, 1045,
1083, 1266, 2242 SB 392 --Firefighter applicant; driving record; disclosure.............,....................1042, 1046,
1083, 2065, 2372 SB 393 --Driver's license; ID card; persons 20 years or
younger; requirement .............................................780, 783, 803, 1213, 2307 SB 395 --Grandparents; visitation rights....................................................1042, 1046, 1083,
1771, 2247, 2286 SB 396 --Contracts; bad checks; treble damages ..............................................866, 868, 920 SB 397 --Cocaine; possession and trafficking; penalty........................................1042, 1046,
1083, 2098, 2241 SB 400 --Emergency medical services systems; amend provisions....................1224, 1227,
1274, 1770, 2250, 2285, 2308, 2538, 2544 SB 405 --Superior Court Clerks; minimum salary.....................................l043, 1046, 1083,
1265, 1758, 1855 SB 406 --State agencies; rules and regulations; General Assembly
override...............................................................!225, 1227, 1274, 1369, 1869
SB 407 --Putnam County; chief magistrate and clerk; compensation ..................319, 325,
355, 922, 925
SB 409 --Asbestos Licensing Board; establish........................!489, 1491, 1604, 1771, 2042
SB 410 --Food fish dealer; resident or nonresident; license ...................................642, 644,

2814

INDEX

683, 1605, 2309 SB 411 --Historic areas; preservation and promotion.....................................780, 783, 803,
1452, 2254, 2602 SB 412 --State Forestry Commission; reforestation incentives
program ..........................................................643, 644, 683, 1084, 2255, 2602 SB 413 --State Children's Trust Fund Commission; establish.......................421, 463, 627 SB 414 --Wills; life insurance proceeds; renunciation ...........................643, 644, 683, 1265 SB 415 --Gasoline marketing; below cost sales; liability.........................................782, 783,
803, 845, 1083, 1243 SB 416 --Local boards of education; parties right to appeal
decision.....................................................................812, 813, 851, 1451, 1742 SB 417 --Private property; uniform rules of road; enforcement........................1226, 1228,
1274, 1605, 1761 SB 418 --State employees; counseling; assistance program ....................................781, 783,
803, 922, 2506 SB 419 --Sheriffs; minimum salaries..............................................439, 463, 627, 1083, 1871 SB 420 --Residential Finance Authority Act; amend......................................458, 464, 627,
804, 1066, 1294 SB 421 --Abandoned wells; counties; authorization to cover .................................458, 464,
627, 1084, 1739, 1855 SB 422 --County commissioners; vacancies; election...............................................642, 644,
683, 922, 2455 SB 423 --Fort Valley State College; special license plates .....................................458, 464,
627, 1213, 2231, 2290 SB 424 --Savannah State College; special license plates................................459, 464, 627,
1213, 2232, 2290 SB 425 --Hiawassee, City of; corporate limits ..............................373, 377, 413, 1437, 1438 SB 427 --State Board of Education; expenses.............................................l094, 1095, 1211 SB 428 --Georgia Council for the Arts; redesignation.............................................690, 694,
736, 922, 1234 SB 429 --Federal grant programs; contract with other states............................1094, 1095,
1211, 1357, 1741 SB 433 --Campground or marine membership; right to cancel .............................745, 746,
774, 855, 1025 SB 434 --Civil cases; attorney's fees ...................................................................643, 644, 683 SB 436 --Correctional institutions; deputize certain persons.................................745, 747,
774, 921, 1762
SB 437 --Board of Corrections; members; reimbursement of expenses.................................................................745, 747, 774, 921, 1063
SB 438 --School food service personnel; sick leave .........................................812, 814, 851, 1212, 1829, 2076, 2286
SB 440 --Public officials and employees; liability insurance; amend provisions .......................................................812, 814, 851, 2123, 2318, 2605
SB 441 --Education; alcohol and drug course; amend provisions..........................866, 868, 920, 1213, 1825
SB 442 --First offenders; sentencing; court review record......................................781, 783, 803, 1265, 1788
SB 443 --Health insurance; teachers; certain contributions...............................!225, 1228, 1274, 1357, 1789
SB 444 --Living wills; certain form.....................................................................781, 783, 803 SB 445 --Alimony; permanent judgments; modifications .......................................929, 931,
1032, 1357, 1927
SB 446 --Smyrna, City of; downtown development authority; extend
Constitutional Amendment .......................................421, 464, 627, 685, 687
SB 447 --Motor vehicle insurance; law enforcement officers; certain
accidents.........................................................867, 869, 920, 1451, 1784, 2116
SB 448 --Superior Court Clerks; certain information to GBI; repeal

INDEX

2815

provisions ......................................................................................781, 784, 803 SB 449 --Alcoholic beverage sales; distance requirements; Chatham
County.................................................................................690, 694, 736, 1687 SB 450 --Shore Assistance Act; Coastal Marshlands Protection;
amend..................................................................................866, 869, 920, 1452 SB 451 --Jail officer; training course; requirement ................................781, 784, 803, 2065 SB 452 --Marietta, City of; deannex certain property....................................457, 464, 627,
1688, 1706, 2286 SB 453 --Speed limits; maximum........................................................................692, 694, 736 SB 454 --Civil practice; depositions and discovery; request for
admission ............................................................................781, 784, 803, 1212 SB 455 --Presidential preference primary; date.............................781, 784, 803, 922, 1790 SB 456 --Hospitals and nursing homes; liens; treatment of injured
person .................................................................1226, 1228, 1274, 1440, 1815 SB 457 --Civil practice; relief from judgments.....................................................1634, 1635,
1686, 2098, 2129 SB 459 --Medical malpractice cases; guardian ad litem;
appointment...........................................................................1366, 1368, 1451 SB 460 --Prisoners; actions against certain officials;
forms............................................................................................929, 932, 1032 SB 461 --Civil practice; habeas corpus; relief from judgment................................929, 932,
1032, 2098, 2251 SB 462 --Driving under the influence; plea of nolo
contendere...............................................................................!042, 1046, 1083 SB 463 --Wreckers; light requirements..........................................782, 784, 803, 1605, 1788 SB 464 --Woodstock, City of; corporate boundaries .......................................743, 747, 774,
1570, 1572 SB 465 --Community work programs; amend provisions ...................929, 932, 1032, 1237,
1689, 1816, 2133, 2165, 2276, 2304, 2539, 2608 SB 467 --Smyrna, City of; independent school system;
extend Constitutional Amendment...........................................689, 694, 736 SB 468 --Death penalty; underage persons; special
procedures...............................................................................!465, 1489, 1604 SB 469 --Ellaville, City of; mayor and council; election .........................................743, 747,
774, 1085, 1091 SB 470 --Employment Security Law; interest payments........................................929, 932,
1032, 1275, 1819 SB 471 --Employment Security Law; payment disputes; settlement ...................930, 932,
1032, 1275, 2061 SB 473 --Employment Security Law; security bonds for employers.....................930, 932,
1032, 1275, 1763 SB 474 --Driver education motor vehicle; ad valorem tax;
definition............................................................1043, 1046, 1083, 1451, 2326 SB 475 --Magistrates; practice in any court; certain
conditions...........................................................1463, 1489, 1604, 1771, 2094 SB 476 --Foreclosure; dispossessory proceedings; notice to
tenant ..................................................................................866, 869, 920, 1688 SB 477 --Motorcycle operator safety course; amend provisions............................782, 785,
803, 1213, 1332 SB 478 --Teachers; demotion or nonrenewal of contract; notice.......................1094, 1095,
1211, 1604, 1819, 1928, 2019 SB 479 --Rockdale County school superintendent; appointment;
extend Constitutional Amendment......................779, 785, 803, 1437, 1439
SB 481 --Rockdale County; board of education; election; extend
Constitutional Amendment...................................779, 785, 803, 1437, 1439
SB 482 --Drugs; wholesale distribution or sales; regulation...............................1291, 1295,
1356, 2103, 2373, 2605

2816

INDEX

SB 484 --Morehouse College; special license plates ......................................930, 933, 1032, 1213, 1810, 1855
SB 486 --South Cobb County Courthouse Facilities Study Commission; create.........................................................................779, 785, 803, 1214, 1217
SB 487 --Cobb County; board of education; compensation....................................779, 785, 803, 1214, 1217
SB 489 --Tort actions; using force against another; liability .............................1043, 1047, 1083, 1771, 2126
SB 490 --Elections; deputy registrars and clerks; additional duties ............................................................931, 933, 1032, 1600, 2328, 2605
SB 492 --Landlord and tenant; waterbed requirements.....................................1225, 1228, 1274, 1770, 1787
SB 493 --Glynn County; state court clerk; compensation ...............................863, 869, 920 SB 494 --MARTA; certain income; transit operating revenue...............................926, 933,
1032, 1214, 1340
SB 496 --Public Service Commission; certain debt approval; exempt motor carriers ....................................................1366, 1368, 1451, 1687, 1887
SB 497 --Medical Examiners, State Board of; amend proviaions................................................................................l465, 1489, 1604
SB 498 --Fulton County; operation of landfills; extend Constitutional Amendment .............................1218, 1228, 1274, 1833, 1833
SB 499 --Fulton County; civil service system and commission; extend Constitutional Amendment................l218, 1228, 1274, 1833, 1834
SB 500 --Fulton County; certain services; tax levy; extend Constitutional Amendment.............................1218, 1229, 1274, 1833, 1834
SB 501 --Fulton County-Atlanta, City of; urban enterprise zone; taxation; extend Constitutional Amendment.............................1219, 1229, 1274, 1833, 1834
SB 502 --Atlanta, City of; freeport exemption; urban enterprise zone; extend Constitutional Amendment................l219, 1229, 1274, 1833, 1834
SB 503 --Fulton County; detention facilities; extend Constitutional Amendment .............................1219, 1229, 1274, 1833, 1835
SB 504 --Fulton County; service districts; extend Constitutional Amendment.............................1219, 1229, 1274, 1833, 1835
SB 505 --Fulton County; certain officials; appointment of assistants; extend Constitutional Amendment................l219, 1229, 1274, 1833, 1835
SB 506 --Fulton County; ad valorem tax; certain powers; extend Constitutional Amendment.............................1219, 1230, 1274, 1833, 1836
SB 507 --Fulton County; homestead exemption; elderly; extend Constitutional Amendment.............................1219, 1230, 1274, 1833, 1836
SB 508 --Fulton County; recreational grants to municipalities; extend Constitutional Amendment.............................1220, 1230, 1274, 1833, 1836
SB 509 --Fulton County; Industrial District; certain prohibitions; extend Constitutional Amendment................l220, 1230, 1274, 1833, 1836
SB 510 --Fulton County; tax commissioner; selection; extend Constitutional Amendment.............................1220, 1230, 1274, 1833, 1837
SB 511 --Fulton county; governing authority; powers; extend Constitutional Amendment.............................1220, 1230, 1274, 1833, 1837
SB 512 --Fulton County; public improvements; bonds; extend Constitutional Amendment.............................1220, 1231, 1274, 1833, 1837
SB 513 --Fulton County; certain cities; recreational programs; extend Constitutional Amendment.............................1220, 1231, 1274, 1833, 1837
SB 514 --Fulton County; homestead exemption; certain property; extend
Constitutional Amendment.............................1220, 1231, 1274, 1833, 1838
SB 515 --Fulton County; funds for state institutions;
extend Constitutional Amendment................1221, 1231, 1274, 1833, 1838
SB 516 --Fulton County; civil service or merit system; extend

INDEX

2817

Constitutional Amendment.............................1221, 1231, 1274, 1833, 1838 SB 518 --Fulton County; garbage disposal services; extend
Constitutional Amendment.............................1221, 1231, 1274, 1833, 1838 SB 519 --Fulton County; joint city-county board of tax assessors;
extend Constitutional Amendment................1221, 1232, 1274, 1833, 1839 SB 520 --Fulton County; unincorporated areas; ordinances; extend
Constitutional Amendment.............................1221, 1232, 1274, 1833, 1839 SB 521 --Fulton County; funds for advertising; extend
Constitutional Amendment............................. 1221, 1232, 1274, 1833, 1839 SB 522 --Fulton County; medical examiner's office; extend
Constitutional Amendment .............................1221, 1232, 1274, 1833, 1839 SB 523 --Fulton County; street improvements; extend
Constitutional Amendment.............................1222, 1232, 1274, 1833, 1840 SB 524 --Fulton County; recreational programs; certain cities; extend
Constitutional Amendment.............................1222, 1232, 1274, 1833, 1840 SB 525 --Fulton County; retain percentage of City of Atlanta taxes;
extend Constitutional Amendment................l222, 1233, 1274, 1833, 1840 SB 526 --Fulton County; pension system; certain employees; extend
Constitutional Amendment.............................1222, 1233, 1274, 1833, 1840 SB 527 --Fulton County; retirement benefits; increase;
extend Constitutional Amendment................l222, 1233, 1274, 1833, 1841 SB 528 --Fulton County; branch offices; extend Constitutional
Amendment........................................................l222, 1233, 1274, 1833, 1841 SB 529 --Fulton County; business license tax; extend
Constitutional Amendment.............................1222, 1233, 1274, 1833, 1841 SB 530 --Fulton County-Atlanta, City of; stadium; financial
obligation; extend Constitutional Amendment..........................1223, 1233, 1274, 1833, 1841
SB 531 --Fulton County; uncollectible checks for auto tags; certain indemnity; extend Constitutional Amendment..........................1223, 1234, 1274, 1833, 1842, 2116
SB 532 --Hospital Equipment Financing Authority; amend provisions ...........................................................1463, 1490, 1604, 2103, 2495
SB 534 --Evans County; board of education; compensation .................................926, 933, 1032, 1214, 1218
SB 536 --Amusement ride; definition ......................................1225, 1234, 1274, 1687, 1874 SB 537 --Condominiums; certain documents; preparation.................................1291, 1295,
1356, 1600, 2506 SB 539 --Mountain Judicial Circuit; superior courts; terms..............................1094, 1095,
1211, 1357, 1825 SB 540 --Georgia Arbitration Code for Contracts; provide.......................!630, 1635, 1686 SB 541 --Acworth, City of; mayor and aldermen;
compensation..........................................................................!043, 1047, 1083 SB 544 --Peace officers; incentive pay; advanced levels of
certification.............................................................................l634, 1635, 1686 SB 547 --Cobb County; alcoholic beverages; tax revenue; extend
Constitutional Amendment.............................1091, 1095, 1211, 1833, 1842 SB 548 --Cobb County; board of education; extend
Constitutional Amendment.............................1091, 1095, 1211, 1833, 1842 SB 549 --Cobb County; board of education; legislation; extend
Constitutional Amendment.............................1091, 1096, 1211, 1833, 1842 SB 550 --Cobb County; state court clerk and chief deputy clerk;
compensation...........................................l091, 1096, 1211, 1442, 1458, 2287
SB 551 --Traffic citations; failure to respond; reinstatement of
license .................................................................1367, 1368, 1451, 1605, 2061
SB 552 --Traffic citations; license suspension in lieu of bail;
reinstatement.....................................................l367, 1368, 1451, 1605, 2527

2818

INDEX

SB 553 --Insurance risks; agreements among certain insurers...........................1629, 1636, 1686, 1771, 2310, 2603
SB 556 --Cobb County; state court; abolish second division and office of associate judge...................................1288, 1296, 1356, 1833, 1843
SB 557 --Marietta, City of; board of lights and water works; powers; extend Constitutional Amendment................l288, 1296, 1356, 1833, 1843
SB 561 --Superior court judges; secretaries' salary..........................1464, 1490, 1604, 2097 SB 562 --Transportation, Department of; pilots; age
requirement........................................................!464, 1490, 1604, 1772, 1887 SB 563 --Transportation, Department of; plans and facilities;
hearings.........................................................................l464, 1490, 1604, 1772 SB 564 --State Tollway Authority Law; amend provisions................................1464, 1490,
1604, 1772 SB 565 --Bail bonds; certain officials; prohibitions.............................................!634, 1636,
1686, 2098, 2128 SB 566 --Bacon County; sheriff and staff; compensation..........................!363, 1368, 1451 SB 567 --Telfair County; officers' terms; extend
Constitutional Amendment..................................................l363, 1368, 1451 SB 568 --Telfair County; officers' eligibility; extend
Constitutional Amendment..................................................l363, 1369, 1451 SB 569 --Cherokee County; water and sewerage authority; additional
powers.......................................................!363, 1369, 1451, 2215, 2216, 2287 SB 570 --Attorneys; contingent fee basis; advertisement..........................1464, 1490, 1604 SB 571 --Clayton, City of; homestead exemptions ..............................................1363, 1369,
1451, 1833, 1843 SB 572 --Dawson County; homestead exemption; certain income....................1364, 1369,
1451, 1688, 1729 SB 573 --Jasper County; occupational tax; unincorporated
area......................................................................H59, 1491, 1604, 2215, 2217 SB 574 --Jasper County; board of commissioners; compensation.....................1459, 1491,
1604, 2215, 2217 SB 577 --Cobb County; chief deputy to sheriff and chief investigator;
salary.......................................................................................1459, 1491, 1604 SB 578 --Cobb County; judge and clerk of probate court;
compensation....................................................-1459, 1491, 1604, 1833, 1843 SB 579 --Georgia State Financing and Investment Commission;
sale of notes and bonds; authorization........................................!633, 1636, 1686, 2097, 2535, 2605
SB 580 --Georgia Residential Finance Authority; amend provisions ...........................................................1634, 1636, 1686, 2097, 2538
SB 581 --Spalding County; ad valorem tax exemption; elderly or disabled....................................,..........................1779, 1783, 1832, 2215, 2217
SB 583 --Atlanta, City of; contracts; certain redevelopment areas..........................................................1625, 1636, 1686, 2215, 2217, 2287
SB 585 --Atlanta, Fulton County, DeKalb County; certain contracts without election; extend Constitutional Amendment........................................................l847, 1857, 1862, 2215, 2218
SB 586 --Atlanta, Fulton County, DeKalb County; construction funds for stadiums; extend Constitutional Amendment........................................................l848, 1858, 1862, 2215, 2218
SB 587 --Tybee Island, City of; mayor and council; powers..............................1848, 1858, 1862, 2104, 2105
SB 591 --Pike County; recreation authority; create.............................................!779, 1783,
1832, 2104, 2105
SB 592 --Acworth, City of; mayor and aldermen; election............................,....1734, 1736,
1770, 1888, 1919
SB 593 --LaGrange, City of; downtown development district;

INDEX

2819

limits...................................................................1779, 1784, 1832, 2104, 2105 SB 595 --Wilkes County; board of education; elections
and terms...........................................................1780, 1784, 1832, 2104, 2106 SB 596 --Decatur County; board of education; provisions.................................1780, 1784,
1832, 1888, 1919, 2116 SB 597 --Wayne County; tax commissioner; compensation ...............................1780, 1784,
1832, 2215, 2218 SB 598 --Polk County; tax commissioner; compensation ...................................1780, 1784,
1832, 1888, 1920 SB 599 --DeKalb County; certain laws; application............................................1848, 1858,
1862, 2104, 2106 SB 600 --Charlton County; tax commissioner; compensation............................l864, 1864,
2103, 2278, 2279 SB 601 --Fulton County; community improvement districts;
create.......................................................................................1864, 1865, 2103 SB 602 --Cobb County; tax commissioner; chief clerk's
compensation.....................................................1864, 1865, 2103, 2278, 2279 SB 603 --Putnam County; board of commissioners;
compensation..........................................................................2132, 2133, 2277

PART V
SENATE RESOLUTIONS IN HOUSE
SR 5 --General Assembly; members' terms - CA..............................................No Action SR 8 --Staffing in Mental Health Facilities Joint Study
Committee; create ............................................................................No Action SR 10 --Milledgeville, City of; convey property ..................................................No Action SR 12 --Counties or municipalities; short-term debt; taxable
property - CA....................................................................................No Action SR 13 --Public officials; felony indictment; removal from
office - CA .........................................................................................No Action SR 14 --United States Senators and Representatives; vary
compensation; certain prohibitions ...............................................No Action SR 22 --Victims of crime; Pardons and Paroles allocate funds - CA.........................1357 SR 31 --Antebellum Trail; designate.....................................................................No Action SR 46 --State departments; General Assembly veto rules and
regulations - CA ...............................................................................No Action SR 83 --Murder; life sentence; prohibit parole - CA..........................................No Action SR 92 --Counties or municipalities; public facilities; voter
approval - CA....................................................................................No Action SR 93 --Regulated telephone companies; services...............................................No Action SR 96 --Milledgeville, City of; convey property ..................................................No Action SR 158 --Georgia War Veterans Home; urge additional
appropriations...................................................................................No Action SR 276 --Notify House; Senate convened ......................................................................34, 34 SR 281 --Handicapped preschool children; encourage
services ...........................................................460, 465, 627, 1687, 1825, 2116 SR 283 --United States Constitution; urge amendment; budgetary
powers of President.....................................................................323, 325, 355 SR 285 --Federal and State income tax returns; urge
coordination..................................................................................375, 377, 413 SR 286 --Mathis, Officer Philip Bruce; condolences ..................................................64, 117 SR 288 --Victims of crime; compensate - CA....................................................460, 465, 627 SR 289 --Cave Spring, City of; convey property ..............................324, 326, 355, 685, 838 SR 290 --"No Pass, No Play" Study Committee; create ................................324, 326, 355,
1212, 2548 SR 292 --R. E. Chambers Memorial Bridge; designate...................................273, 275, 314,
1772, 2249 SR 313 --Albany Junior College; commend students and faculty..........................117, 117 SR 317 --Emergency Medical services systems; certain
additional fees - CA.............................................................................812, 814 SR 322 --Emanuel County; convey property ....................................303, 326, 355, 356, 429 SR 324 --Law enforcement officers; salary and training;
joint committee to study revenue sharing.............................930, 933, 1032 SR 330 --State Children's Trust Fund; create - CA........................................460, 465, 627,
1440, 1813, 2116

2822

INDEX

SR 334 --Governor's Commission on Black on Black Crime; create............................................................692, 694, 736, 2103, 2549
SR 338 --Commission on Governmental Liability; re-create ..........................692, 694, 736 SR 339 --Dr. W.K. Smith Highway; designate .............................692, 695, 736, 1772, 1926 SR 340 --National Highway Traffic Safety Administration; urge
amendment of MPG levels......................................692, 695, 736, 804, 2547 SR 346 --Federal judges; appointment; "Missouri Plan"; urge
amendment to United States Constitution .....................643, 644, 683, 921 SR 357 --Baldwin County; lease certain property.....................................................813, 814 SR 358 --Counties or municipalities; eminent domain; certain
prohibitions - CA.......................................................................930, 933, 1032 SR 361 --Culver Kidd Medical and Surgical Building;
Joe T. Wood War Veterans Home; designation ..............1224, 1234, 1274, 1357, 1475, 1734
'SR 375 --Retired public school employees; health insurance; provide - CA...........................................................................1630, 1636, 1686
SR 376 --Voluntary silent prayer, meditation, and contemplation; urge amendment to United States Constitution.................................l462, 1491, 1604, 1764, 2278, 2546
SR 377 --Institution of the General Assembly Study Commission; create................................................................!094, 1096, 1211
SR 389 --Joint Developmental Studies in Georgia Study Committee; create.......................................................................................1466, 1492, 1604
SR 427 --Georgia Construction Fund; general obligation debt - CA...................................................1634, 1637, 1686, 2097
SR 436 --John C. Beasley Bridge; designate...........................!633, 1637, 1686, 1772, 2057 SR 438 --Workers' Compensation Coverage Study Committee;
create...................................................................!635, 1637, 1686, 2278, 2495 SR 447 --Cobb County Local Governments Study Commission;
create........................................................1854, 1858, 1862, 2103, 2459, 2603 SR 497 --Adjourn 3/3/86; Reconvene 3/6/86..........................................................2043, 2059