Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 12, 1987 and adjourned Thursday, March 12, 1987, volume II

Compiler's Note
The Journal of the House of Representatives regular session of 1987 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 12, 1987 through February 26, 1987. Volume II contains March 2, 1987 through March 12, 1987 regular session.

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 12, 1987 and adjourned Thursday, March 12, 1987
VOLUME II
1987 Atlanta, Ga.

MONDAY, MARCH 2, 1987

1521

Representative Hall, Atlanta, Georgia Monday, March 2, 1987

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 Harry H. Pritchett, Jr., Rector, All Saints Episcopal 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.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:
HB 1090. By Representative Barnett of the 10th: A bill to amend an Act creating a new charter for the City of Cumming, so as to provide water service area boundaries for the city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1091. By Representative Barnett of the 10th: A bill to provide for a Forsyth County Board of Registrations and Elections.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1092. By Representative Mobley of the 64th: A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment granting a $2,000.00 homestead exemption from municipal ad valorem taxes to each resident of the Town of Auburn.
Referred to the Committee on State Planning & Community Affairs - Local.

1522

JOURNAL OF THE HOUSE,

HB 1093. By Representatives Powell of the 145th and Royal of the 144th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Colquitt 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 1094. By Representative Byrd of the 153rd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing bodies of Jeff Davis County and each of the political subdivisions located in Jeff Davis County to exempt from ad valorem taxation, the capital improvements of new industries and businesses.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1095. By Representative Reaves of the 147th:
A bill to provide that future school superintendents of the Brooks County School District shall be appointed by the board of education rather than elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1096. 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 providing for the merger of the existing independent school system of the City of Quitman and the existing school district of Brooks County lying outside the corporate limits of said city into one school system coextensive with the limits of Brooks County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1097. By Representative Reaves of the 147th:
A bill to amend an Act creating a new charter for the City of Lake Park, so as to change the provisions relating to and to provide for the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1098. 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 Clayton County Water Authority, so as to change the compensation of the chairman, secretary, and other members of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1099. By Representative Bannister of the 62nd:
A bill to amend an Act authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, so as to provide that

MONDAY, MARCH 2, 1987

1523

constitutional county officers shall have the authority under certain conditions to select, employ, and discharge certain personnel.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1100. By Representative Pittman of the 60th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment granting a $2,000.00 homestead exemption from municipal ad valorem taxes to each resident of the City of Sugar Hill who is disabled or 62 years of age or older and has specified income not exceeding $5,000.00 per year.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1101. By Representatives Jamieson of the llth, Dover of the llth and 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 Banks County Industrial Building Authority and providing for powers, authority, funds, purposes, and procedure connected therewith.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1102. By Representatives Barnett of the 59th, Bannister of the 62nd, Goodwin of the 63rd, Mobley of the 64th, Wall of the 61st and others:
A bill to repeal an Act providing for a board of elections in each county of this state having a population of not less than 66,000 and not more than 73,000 according to the 1970 United States decennial census or any future such census (now not less than 158,000 and not more than 168,000 according to the 1980 United States decennial census or any future such census).
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1103. By Representative Smith of the 78th:
A bill to amend an Act creating the board of commissioners of Butts County, so as to change certain provisions relating to the election of the five-member board of commissioners and remove certain provisions relating to voting precincts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1104. By Representative Bray of the 91st:
A bill to amend an Act changing the compensation of the members of the board of commissioners of Talbot County, so as to change the compensation of the members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1105. By Representative Peters of the 2nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Catoosa County Development Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

1524

JOURNAL OF THE HOUSE,

HB 1106. By Representative Peters of the 2nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for sewage districts for the County of Catoosa.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1107. By Representatives Ramsey of the 155th and Smith of the 156th:
A bill to amend an Act implementing the Brunswick and Glynn County Development Authority, so as to change the method of appointing the membership; to amend the term of office of such membership.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1108. By Representative Ray of the 98th:
A bill to amend an Act establishing the City of Byron, so as to authorize the City of Byron 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 1109. By Representative Ray of the 98th:
A bill to amend an Act establishing the board of commissioners of Peach County, so as to authorize Peach County to have and be authorized to exercise all redevelopment and other powers authorized or granted counties pursuant to the "Redevelopment Powers Law".
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1110. By Representative Ray of the 98th:
A bill to amend an Act creating a new charter for the City of Fort Valley, so as to authorize Fort Valley to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the "Redevelopment Powers Law".
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1111. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to amend an Act making provisions for the Magistrate Court of Houston County, so as to provide for the collection of additional costs in cases before the Magistrate Court of Houston County as law library fees.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1112. By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to amend an Act creating and establishing the State Court of Houston County, so as to change the provisions relating to costs in civil cases in said court.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, MARCH 2, 1987

1525

HB 1113. By Representatives Dover of the llth and Jamieson of the llth:
A bill to amend an Act creating a board of commissioners of White County, so as to recreate the board of commissioners of White County to consist of a chairman and two other members.
Referred to the Committee on State Planning & Community Affairs - Local.

By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the committees:

HB 1118. By Representatives Thomas of the 69th, Simpson of the 70th and Shepard of the 71st:
A bill to amend an Act establishing the State Court of Carroll County, so as to provide for expenses of the solicitor in collecting fines and forfeitures.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1120. By Representatives Smith of the 152nd, Moody of the 153rd and Byrd of the 153rd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Brantley County Development Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1121. 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 for the creation of one or more community improvement districts in Clayton County and in each municipality therein.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1122. By Representatives Bailey of the 72nd, Benefield of the 72nd, Johnson of the 72nd, Holcomb of the 72nd and Lee of the 72nd:
A bill to create the Clayton County Tourism Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 367. By Representatives Young of the 134th, Dover of the llth, Davis of the 29th, Thomas of the 31st and Thurmond of the 67th:
A resolution creating the Need for Family Life Instruction in Public School Study Committee.
Referred to the Committee on Rules.

HR 368. By Representatives Orrock of the 30th, McKelvey of the 15th, Bannister of the 62nd, Brown of the 88th, Workman of the 51st and others:
A resolution creating the House Workers' Compensation Self-Insurers Solvency Study Committee.
Referred to the Committee on Rules.

1526

JOURNAL OF THE HOUSE,

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

HB 1072
HB 1073 HB 1074 HB 1075
HB 1076 HB 1077 HB 1078 HB 1079
HB 1080 HB 1081 HB 1082 HB 1083 HB 1084

HB 1085
HB 1086 HB 1087 HB 1088
HB 1089 HR 342 SB 113 SB 204
SB 315 SB 359 SB 369 SR 147 SR 157

Representative Clark of the 55th District, Chairman of the Committee on Human Relations & Aging, submitted the following report:

Mr. Speaker:
Your Committee on Human Relations & Aging has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 913 Do Pass
Respectfully submitted, /a/ Clark of the 55th
Chairman

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 741 Do Pass, by Substitute
Respectfully submitted, M Thomas of the 69th
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 of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 305 Do Pass, by Substitute

MONDAY, MARCH 2, 1987

1527

Respectfully submitted, M Lee of the 72nd
Chairman

Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 709 Do Pass HB 1016 Do Pass HB 1027 Do Pass HB 1028 Do Pass HB 1032 Do Pass HB 1034 Do Pass HB 1038 Do Pass HB 1039 Do Pass HB 1040 Do Pass HB 1043 Do Pass, by Substitute
HB 1051 Do Pass
HB 1054 Do Pass
HB 1055 Do Pass
HB 1058 Do Pass
HB 1059 Do Pass
HB 1060 Do Pass

HB 1061 Do Pass HB 1062 Do Pass HB 1064 Do Pass HB 1065 Do Pass HB 1066 Do Pass HB 1067 Do Pass HB 1068 Do Pass
HB 1069 Do Pass
HB 1070 Do Pass
SB 245 Do Pass, as Amended
SB 296 Do Pass SB 299 Do Pass SB 362 Do Pass
SB 363 Do Pass HB 1049 Do Pass

Respectfully submitted, M Adams of the 36th
Chairman

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

HOUSE RULES CALENDAR MONDAY, MARCH 2, 1987
Mr. Speaker and Members of the House:
The House Committee on Rules has set the calendar for this thirty-third Legislative Day as enumerated below:
HB 87 Ga. Income Tax Conform To Federal Tax Act: Discuss Proposed Conference Committee Report
HB 172 Motor Vehicle: Certain Stickers: Prohibitions HB 189 Sexual Offenses: Penalties HB 461 Tax Commissioners/Collectors: Minimum Salaries HB 463 Georgia Asbestos Safety Act: Licensing Requirements HB 507 Accident/Sickness Insurance: Preferred Provider HB 541 Anatomical Gifts: Bank Or Storage Facility: Licensing HB 585 Civil Court Judge Pro Tern: Serve As Magistrate Pro Tern HB 598 Estates: Inventories/Returns HB 610 Ad Valorem Tax: Public Utility Company: Return HB 611 Revenue Comm.: Proposed Assessment: Notification HB 614 Senior Appellate Court Justice/Judge: Create Offices

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JOURNAL OF THE HOUSE,

HB 624 Guardian and Ward: Amend Code Provisions HB 657 Civil Practice: Facts & Conclusions Accompany Judgment HB 720 Business Development Corporations: Loans HB 729 Estates: Year's Support: Amend Provisions HB 742 Day-Care Centers: Records Checks Of Employment HB 843 State Agencies/Local Government: Court Cases: Real Property HB 859 Private Motor Carrier: Vehicle Trans. Forest Products HB 905 Education: Proprietary Schools: Certificates Of Authorization HB 908 Intangible Recording Tax: Convert To Documentary Tax HB 974 Augusta Judicial Circuit: Compensation: Supplement HB 1035 George L. Smith II Ga. WCC Authority: Convention/Trade Show Fac. HB 1036 Community Affairs, Department: Grants To County/Mun.:Authorization
HR 166 AIDS, Etc.: Human Resources To Make Report On Impact HR 176 Brunswick Judicial Circuit Study Committee: Create HR 265 Wilder, William E.: Compensate HR 270 Reid, Frans: Compensate On Behalf of Loverne T. Matlock HR 310 Cobb County Court Consolidation Plan Study Committee: Create
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 709. By Representative Crosby of the 150th:
A bill to amend an Act creating the State Court of Ware County, so as to change the compensation of the judge and solicitor of the court.

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

HB 1016.

By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A bill to provide for the merger and consolidation of the existing Floyd County School System and the existing City of Rome Independent School System into a single county-wide school system.

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

HB 1027.

By Representatives Triplett of the 128th, Alien of the 127th, Mueller of the 126th, Hamilton of the 124th and Pannell of the 122nd:
A bill to provide for a chief judge of the Recorder's Court of Chatham County.

MONDAY, MARCH 2, 1987

1529

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

HB 1028.

By Representative Dixon of the 151st:
A bill to amend an Act establishing a system of public schools for the City of Waycross, so as to provide for the election of members of the Board of Education of the City of Waycross.

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

HB 1032.

By Representatives Workman of the 51st, Redding of the 50th, Richardson of the 52nd, Williams of the 54th, Athon of the 57th and others:
A bill to repeal an Act relating to the compensation of members of county boards of education in counties of this state having a population of not less than 400,000 nor more than 525,000 according to the United States decennial census of 1970 or any future such census.

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

HB 1034.

By Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st and Ware of the 77th:
A bill to reincorporate and provide a new charter for the City of Newnan in Coweta 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 1038.

By Representative Crosby of the 150th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Clinch 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.

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JOURNAL OF THE HOUSE,

HB 1039.

By Representative Crosby of the 150th:
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 the members of the Board of Education of Clinch County and for the appointment of the county school superintendent of Clinch County by the Board of Education of Clinch 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 1040.

By Representative Crosby of the 150th:
A bill to provide for the collection of an additional fee for the benefit of the Clinch County Law Library on each case filed in the Magistrate Court of Clinch 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 1043.

By Representatives Redding of the 50th, Robinson of the 58th, Aaron of the 56th, Williams of the 48th, Williams of the 54th and others:
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 an annual salary for the Chief Executive and for members of the DeKalb County Commission.

The following Committee substitute was read and adopted:

A BILL
To amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, so as to provide for an annual salary for the Chief Executive and for members of the DeKalb County Commission; to provide for an expense allowance for members of the DeKalb County Commission; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, is amended by striking Section 8 of the amendatory Act, approved April 9, 1981 (Ga. L. 1981, p. 4304), in its entirety and substituting in lieu thereof a new Section 8 to read as follows:

MONDAY, MARCH 2, 1987

1531

"Section 8. The provisions of any other law to the contrary notwithstanding, effective July 1, 1987, and thereafter:
(1) The Chief Executive Officer of DeKalb County shall receive an annual salary of $73,260.00;
(2) Each member of the Commission shall receive an annual salary equal to 22 percent of the annual salary of the Chief Executive; and
(3) In addition to the annual salary provided for by paragraph (2) of this Section, each member of the Commission shall receive an expense allowance of $400.00 per month."
Section 2. This Act shall become effective on July 1, 1987.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by 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 1051.

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 a new charter for the City of Riverdale, so as to change the corporate limits of said city.

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

HB 1054.

By Representatives Workman of the 51st, Redding of the 50th, Clark of the 55th, Williams of the 54th, Childs of the 53rd and others:
A bill to amend an Act establishing in DeKalb County districts from which the members of the county board of education shall be elected, so as to change the provisions relative to the compensation of the members of the board of education.

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

HB 1055.

By Representative Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Cook County, so as to change the compensation of the chairman and members of the board of commissioners.

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.

HB 1058.

By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to amend an Act creating the Chehaw Park Authority, so as to change the composition of the authority and provide for appointment and terms of its members.

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

HB 1059.

By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and 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 authorizing the General Assembly to pass a special Act to merge the existing independent school system of the City of Albany and the existing school district in the County of Dougherty lying outside the corporate limits of said city into one school district co-extensive with the limits of Dougherty 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 1060.

By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and 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 authorizing the governing authority of Dougherty County to grant exclusive franchises for the collection of garbage in the unincorporated areas of Dougherty 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 1061.

By Representatives White of the 132nd, Young of the 134th, Chambless of the 133rd and Balkcom of the 140th:
A bill to amend an Act creating a board of commissioners of Dougherty 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.

MONDAY, MARCH 2, 1987

1533

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

HB 1062.

By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and 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 abolishing the office of Tax Commissioner of the County of Dougherty and delegating to the governing authority of Dougherty County the authority to merge and consolidate the Board of Tax Assessors and the departments, officers, and functions of the County of Dougherty relating to the return and assessment of property for taxation.

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

HB 1064.

By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to amend an Act creating the State Court of Dougherty County, 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 1065.

By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and 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 authorizing the City of Albany to increase its bonded indebtedness, in addition to the amount of debts heretofore allowed under the Constitution, under certain circumstances, for the purpose of purchasing, erecting, building, repairing, and maintaining a waterworks 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 1066.

By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and 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 providing for the establishment of a sewage system in the City of Albany and Dougherty County and

1534

JOURNAL OF THE HOUSE,

the authority for the City of Albany to contract with Dougherty County with respect to a sewage system, including a sewage disposal plant.

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

HB 1067.

By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and 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 providing for the establishment of a sewage system in the City of Albany and Dougherty County and providing for the financing of such sewage system and a sewage disposal plant and for the assessment of the cost of such sewers.

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

HB 1068.

By Representatives Williams of the 48th, Robinson of the 58th, Richardson of the 52nd, Childs of the 53rd, Redding of the 50th and others:
A bill to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, so as to change the compensation of the judge of the probate court and the 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 1069. By Representatives Williams of the 48th, Robinson of the 58th, Richardson of the 52nd, Childs of the 53rd, Waldrep of the 80th and others:
A bill to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, so as to change the compensation of the tax commissioner and the provisions relating to the compensation of the tax commissioner.

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

HB 1070. By Representatives Triplett of the 128th, Johnson of the 123rd, Mueller of the 126th, Alien of the 127th and Hamilton of the 124th:

MONDAY, MARCH 2, 1987

1535

A bill to amend an Act creating the office of Chatham County Tax Commissioner, so as to provide that the Commissioners of Chatham County shall pay the costs of any supplies, equipment, and employees necessary for perfor-
mance 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.

SB 245. By Senator Broun of the 46th:
A bill to create the Clarke County Airport Authority; to declare the need for the airport authority; to declare the purposes and objectives of this Act; to define certain terms; to provide for the membership of the authority; to provide for the terms of the members; to provide for the election of officers, quorum, bylaws, procedures, and meetings; to provide for compensation of members.

The following amendment was read and adopted:

The Committee on State Planning And Community Affairs moves to amend SB 245 by striking from lines 15 through 30 of page 5 the following:
"The authority shall be composed of five members who shall be residents and qualified voters of Clarke County. The term of office of each member shall begin on the first day of January of each year. All members of the authority shall be appointed by the governing authority of Clarke County for a term of four years or until their qualified successors are duly appointed. One member of said authority shall initially be appointed for a term of one year. One member of said authority shall initially be appointed for a term of two years. One member of said authority shall initially be appointed for a term of three years. The remaining two members of said authority shall be appointed for a term of four years. Thereafter, each member shall serve for a term of four years. All members of the said authority shall serve without compensation.",
and inserting in its place the following:
"The authority shall be composed of seven members who shall be residents and qualified voters of Clarke County. The term of office of each member shall begin on the first day of January of each year. Five members of the authority shall be appointed by the governing authority of Clarke County, provided that one member shall reside within the voting precinct in which the majority of the property of the Clarke County Airport is located. One member of said authority shall initially be appointed for a term of one year. One member of said authority shall initially be appointed for a term of two years. One member of said authority shall initially be appointed for a term of three years. The remaining two members of said authority appointed by the governing authority of Clarke County, one of whom shall be the member from the voting precinct containing the airport, shall be appointed for terms of four years. One member shall be appointed by the mayor and council of the City of Winterville. The initial term of such member shall be four years. One member shall be appointed by the mayor and council of the City of Athens. The initial term of such member shall be four years. Thereafter, each member shall serve for a term of four years and until a successor is appointed and qualified. No person may be appointed as a member of the authority until a public hearing regarding the qualifications of such proposed member has been held by the appointing authority to receive the input of the residents of Clarke County."
By striking from line 26 of page 6 the following:

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"Three", and inserting in its place the following:
"Four".
By striking from line 28 of page 6 the following: "three", and inserting in its place the following: "four".
By striking from line 4 of page 7 the following: "no compensation but", and inserting in its place the following: "as compensation $50.00 per month from funds of the authority. The chairman shall receive an additional $50.00 per month. All members". By striking from lines 10 and 11 of page 7 the following: "governing authority of the county", and inserting in its place the following: "appointing authority". By striking from line 19 of page 7 and from line 21 of page 7 the following: "three", and inserting in their place the following: "four".

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 299. By Senator McKenzie of the 14th:
A bill to reincorporate and provide a new charter for the City of Marshallville in Macon County; to provide for the corporate limits of the city; to provide for the powers of the city; to provide for the form and method of government of the city; to provide for the administration of city affairs; to provide for the municipal court of the city; to provide for elections for city offices.
The report of the Committee, which was favorable to the passage of the Bill, was 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 362. By Senator Echols of the 6th:

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1537

A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Pierce County Industrial Development and Building Authority; to provide the authority for
this Act.

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

SB 363. By Senator Echols of the 6th:
A bill to amend an Act creating a board of commissioners of Pierce County, as amended, so as to change the expense allowances of the chairman and the other members of the board of commissioners of Pierce 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.

Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following Bill of the House was taken up for consideration and read the third time:

HB 1049. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to providing for a homestead exemption for residents of the City of Carrollton in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all city ad valorem taxes.

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

Y Aaron
Y Adams.G Y Adams.M
Aiken YAlford Y Alien YAthon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Bamett,B
Bamett,M Y Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Bray

Y Brooks
Brown Y Buck
Y Buford YByrd Y Carrell 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 Couch Y Cox Y Crawford

Y Crosby
Y Cummings Davis.G
Davis.M Y Diion
Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton

Hanner
Y Harris Hasty
Y Hays Y Heard Y Hensley Y Herbert Y Holcomb
Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W
Jamieson Y Johnson,D Y Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford

Lawler
Y Lawrence Lawson
Y Lee Y Linder Y Long Y Lord
Lucas Y Lupton Y Mangum Y Martin
McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore
Morton Y Mostiler Y Moultrie

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JOURNAL OF THE HOUSE,

Y Mueller Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman Y Porter

Y Powell YPrichard
Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
Y Ray Y Reaves Y Redding
Richardson Y Ricketson
Robinson.C Y Robinson.P

Y Royal
Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith,L Y Smith.P
Smith.T Y Smith.W Y Smyre Y Snow Y Stancil

Y Stanley Y Steinberg Y Stephens
Thomas.C Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Walker.L

Y Wall Ware
Y Watson Y Watts Y White
Wilder Y Williams.B
Williams,J Wilson Wood Workman Yeargin Y Young Murphy.Spkr

On the passage of the Bill, the ayes were 149, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

Representative Lawson of the 9th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 863. By Representative Hudson of the 117th:
A bill to amend an Act providing for a new charter of the City of Cochran, so as to change the provisions relating to the powers of the governing authority of the City of Cochran.

HB 880. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to create a new charter for the City of Statesboro; to provide for the corporate limits of said city.

HB 884. By Representatives Godbee of the 110th and Lane of the lllth:
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 885. By Representatives Godbee of the 110th and Lane of the lllth:
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.

HB 886. By Representatives Godbee of the 110th and Lane of the lllth:
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 887. By Representatives Godbee of the 110th and Lane of the lllth:

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1539

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 894. By Representative Crawford of the 5th:
A bill to amend an Act creating the State Court of Chattooga County, so as to change the provisions relating to the compensation of the judge and solicitor of said court.

HB 914. By Representative Ricketson of the 82nd:
A bill to amend an Act relating to the board of commissioners of Taliaferro County, so as to authorize the board of commissioners of Taliaferro County to provide that the chairman of the board of commissioners may also serve as the road superintendent of Taliaferro County.

SB 90. By Senator Allgood of the 22nd:
A bill to amend Code Section 40-8-111 of the Official Code of Georgia Annotated, relating to school bus equipment, generally, so as to change the configuration and number of lights required on school buses.

SB 218. By Senators Dawkins of the 45th, Garner of the 30th and Foster of the 50th:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates and rate making, so as to provide that on and after July 1, 1987, no insurer shall charge or collect for any policy of insurance to which Chapter 9 of Title 33 applies any rate which exceeds its existing rate filed with the Commissioner by 10 percent or a higher percentage unless such rate has been approved by the Commissioner.

SB 343. By Senator Stanley 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 provide for the admissibility of evidence concerning correction and retraction in an action based on alleged defamatory statements in a visual or sound broadcast; to provide for the effect thereof on damages in such actions; to provide an effective date.

SB 371. By Senators Fincher of the 54th, Scott of the 36th and Coverdell of the 40th:
A bill to amend Article 6 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Private Colleges and Universities Authority Act," so as to define a new term; to authorize the authority to lend the proceeds of its revenue bonds to the Georgia Student Finance Commission or to finance the purchase of loans from the Georgia Student Finance Commission with the proceeds of its revenue bonds.

HB 80. By Representatives Isakson of the 21st and Adams of the 36th:
A bill to amend Code Section 50-8-101 of the Official Code of Georgia Annotated, relating to operating expenses of metropolitan area planning and development commissions, so as to clarify certain annual per resident assessments.

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JOURNAL OF THE HOUSE,

HB 180. By Representatives Bishop of the 94th, Morton of the 47th, Aaron of the 56th, Redding of the 50th, Brown of the 88th and others:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to exempt malt beverages and wine which contain less than one-half of 1 percent alcohol from certain taxation.

HB 212. By Representatives Lee of the 72nd and Walker of the 115th:
A bill to amend Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to the administration of courts of record generally, so as to provide for a funding mechanism for the provision of certain administrative services by the Department of Administrative Services to the superior courts of the State of Georgia.

HB 335. By Representatives Brown of the 88th, Bishop of the 94th, Aaron of the 56th, Atkins of the 21st and Randall of the 101st:
A bill to amend Article 1 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions affecting distilled spirits, so as to authorize the display of a sign bearing the trade name of a licensed retail dealer and related items on the outside of the business premises.

HB 421. By Representatives Johnson of the 123rd, Triplett of the 128th, Pannell of the 122nd, Adams of the 79th, Hays of the 1st and others:
A bill to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting, and to amend Article 10 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting in municipal elections, so as to redefine the term "absentee elector"; to allow absentee voting by certain electors who are employed by hospitals under certain circumstances.

HB 465. By Representatives Hooks of the 116th and Bray of the 91st:
A bill to amend Article 13 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to contested elections and primaries, so as to provide that the election superintendent or superintendents who conducted certain contested primaries or elections may be named as defendants in certain contest cases.

HB 562. By Representative McDonald of the 12th: A bill to provide for the Department of Labor a supplemental appropriation.

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

SR 109. By Senator Kidd of the 25th: A resolution creating the Joint Adoption Study Committee.

HR 11. By Representative Oliver of the 121st: A resolution compensating Mr. Ray R. Hodges.

HR 17. By Representative Cooper of the 20th:

MONDAY, MARCH 2, 1987

1541

A resolution compensating Mr. Matthew Paul Mobley.

HR 42. By Representative Yeargin of the 14th: A resolution compensating Mr. Mickey Palmer.

HR 333. By Representatives Bailey of the 72nd, Benefield of the 72nd, Johnson of the 72nd, Holcomb of the 72nd and Lee of the 72nd:
A resolution recognizing the Clayton County Water Authority.

HR 334. By Representatives Bailey of the 72nd, Benefield of the 72nd, Johnson of the 72nd, Holcomb of the 72nd and Lee of the 72nd:
A resolution recognizing Mr. Melvin L. Newman.

HR 335. By Representatives Bailey of the 72nd, Benefield of the 72nd, Johnson of the 72nd, Holcomb of the 72nd and Lee of the 72nd:
A resolution recognizing Mr. W. B. "Bill" Casey.

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

HB 191. By Representatives Kilgore of the 42nd, Dover of the llth, Benefield of the 72nd, Lee of the 72nd, Bailey of the 72nd 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.

HB 202. By Representatives Bray of the 91st, Lee of the 72nd, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Article 3 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to municipal elections, so as to provide for a uniform municipal election date; to provide for four-year terms for municipal offices; to authorize the General Assembly to provide for two-year terms and concurrent or staggered terms for municipal offices by local Acts.

HB 647. By Representatives Walker of the 115th, Lee of the 72nd and Groover of the 99th:
A bill to amend Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, the "Georgia State Financing and Investment Commission Act", so as to change the definition of the term "general obligation debt" as used in said Act; to provide that said definition shall include obligations of this state issued to provide public library facilities for county and independent school systems and other governmental entities.

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

HB 141. By Representatives Childs of the 53rd, Thomas of the 69th, Waldrep of the 80th, Chambless of the 133rd and Lawrence of the 49th:

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JOURNAL OF THE HOUSE,

A bill to amend Code Section 16-5-45 of the Official Code of Georgia Annotated, relating to interference with custody, so as to provide that a person commits the offense of interference with custody when the person retains possession within this state of a child or committed person upon the expiration of a lawful period of visitation.

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

SB 254. By Senators Hudgins of the 15th, Holloway of the 12th and Fincher of the 54th:
A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to authorize any domestic lender, foreign lender, or holding company to organize, own, and control a credit card bank subject to the approval of the commissioner of banking and finance; to provide for a short title; to define certain terms.

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

SB 89. By Senators Langford of the 35th, Coverdell of the 40th and Newbill of the 56th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile courts, so as to authorize a program of state subsidies to assist certain counties in the funding of juvenile intake workers and juvenile probation officers; to establish a task force to determine a formula for the distribution of funds appropriated for such subsidies.

SB 136. By Senators Dawkins of the 45th, Peevy of the 48th, Bowen of the 13th and others:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide immunity for providing assistance and advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials; to provide for definitions; to provide for other matters relative to the foregoing; to provide an effective date.

SB 169. By Senator Scott of the 2nd:
A bill to amend Code Section 17-7-211 of the Official Code of Georgia Annotated, relating to the right of defendant to copies of written scientific reports which will be introduced in evidence, so as to provide that certain written scientific reports from the Georgia Bureau of Investigation shall be admissible as evidence of the truth of the test results.

SB 300. By Senator Hudgins of the 15th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to repeal the provision which authorizes a spouse to effectuate insurance upon the other spouse and the provision that an application for a family policy may be signed by either parent, by a stepparent, or by husband or wife.

The following Resolutions of the House were read and referred to the Committee on Rules:

MONDAY, MARCH 2, 1987

1543

HR 349. By Representative Murphy of the 18th: A resolution recognizing and commending Georgia recipients of the Medal of Honor.
HR 350. By Representative Lee of the 72nd: A resolution creating the Special Study Committee on the Problems of the Homeless in Georgia.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 191. By Representatives Kilgore of the 42nd, Dover of the llth, Benefield of the 72nd, Lee of the 72nd, Bailey of the 72nd 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.

The following Senate substitute was read:

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 cultural, recreational, and historic facilities and 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; to provide that such taxes may be imposed for the purpose of retiring certain previously incurred general obligation debt; to change the method of submission of imposition or reimposition of the tax to the voters and the method of advertisement of the same; to provide that no general obligation debt shall be issued in connection with the imposition of the tax when the tax is imposed in whole for road, street, or bridge purposes; to change provisions relating to the termination of the tax; to change provisions relating to authorized uses of proceeds of the tax; to change provisions relating to issuance of general obligation debt in connection with the imposition of the tax; to provide for the automatic repeal of said Article 3 of Chapter 8 of Title 48 and for the termination of the authority to impose special purpose county sales and use taxes; to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel taxes, so as to change the rate of the motor fuel tax imposed under Code Section 48-9-3, and for related purposes; to provide for continuation of previously imposed and authorized taxes; to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax generally, so as to provide that motor fuel which contains not less than 5 percent ethanol is exempt from the first 3* per gallon excise tax; 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 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special purpose county sales and use taxation, is amended by striking Code Section 48-8-111, relating to authorization for and imposition of the tax and issuance of debt, and inserting in its place a new Code section to read as follows:
"48-8-111. (a) Whenever a county governing authority votes to impose the tax authorized by this article, the governing authority shall notify the county election superintendent by forwarding to the superintendent a copy of the resolution or ordinance of

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the governing authority calling for the imposition of the tax. Such ordinance or resolution shall specify:
(1) The purpose or purposes for which the proceeds of the tax are to be used and may be expended, which purpose or purposes may consist of projects located within or without, or both within and without, any incorporated areas in the county and which may include only one any of the following purposes:
(A) Road, street, and bridge purposes; (B) A capital outlay project or projects of the county which is for the use of or the benefit of the citizens of the entire county and which consists consisting of a county courthouse; county administrative buildings; a civic center; a hospital; a county jail, correctional institution, or other detention facility; a county library; or a coliseum; sanitary landfills; or any combination of such projects; (C) A capital outlay project or projects which will be operated by a joint authority or authorities of the county and one or more municipalities within the county and which will be for the use of or benefit of the citizens of the county and the citizens of one or more municipalities within the county; or (D) A capital outlay project or projects, to be owned and or operated or both either by the county, one or more municipalities, or any combination thereof, with respect to which the county has, prior to the call of the election, entered into a contract or agreement, as authorized by Article IX, Section III of the Constitution, with one or more municipalities in the county, which municipality or municipalities contain more than one-half of the aggregate population of all municipalities within the county; and, for purposes of determining the population of a municipality under this subparagraph, only that portion of the population of each municipality which is within the county shall be included; (E) A capital outlay project consisting of a cultural facility, a recreational facility, or an historic facility (or a facility for some combination of such purposes);
(F) A water capital outlay project, a sewer capital outlay project, a water and sewer capital outlay project, or a combination of such projects, to be owned or operated or both by a county water and sewer district and one or more municipalities in the county, with respect to which the county has, prior to the call of the election, entered into a contract or agreement, as authorized by Article IX, Section III of the Constitution; and when the tax is imposed pursuant to this subparagraph the proceeds of the tax shall be allocated between the water and sewer district and the municipality or municipalities based upon the population of the municipality or municipalities, according to the 1980 decennial census or any future such census, over the population of the county, according to the 1980 decennial census or any future such census, with such allocation to be specified in the contract or agreement relating to the capital outlay facility or facilities;
(G) The retirement of previously incurred general obligation debt of the county (other than general obligation debt incurred for road, street, or bridge purposes), if such previously incurred general obligation debt was incurred for a project or projects of a type for which new general obligation debt may be incurred under this article; or
(H) Any combination of two or more of the foregoing;
(2) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years, or not to exceed four years if the proceeds of the tax are to be used in whole or in part for road, street, and bridge purposes, for which the tax may be imposed;
(3) The maximum cost of the project or projects which will be funded from the proceeds of the tax, which maximum cost shall also be the maximum amount of net proceeds to be raised by the tax, except that if the tax is to be imposed in whole or in part for road, street, and bridge purposes the maximum cost and maximum proceeds to be raised shall be omitted; and
(4) If general obligation debt is to be issued in conjunction with the imposition of the tax, as authorized by this article in cases where the tax is imposed other than in whole for road, street, and bridge purposes, the principal amount of the debt to be

MONDAY, MARCH 2, 1987

1545

issued, the purpose for which the debt is to be issued, the interest rate or rates or the maximum interest rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life of the debt. (b) Upon receipt of the resolution or ordinance, the election superintendent shall issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the county. The election superintendent shall set the date of the election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The election superintendent shall cause the date and purpose of the election to be published for net teas than 30 days once a week for four weeks immediately preceding the date of the election in the official organ of the county. If general obligation debt is to be issued in conjunction with the imposition of the tax, the notice published by the election superintendent shall also include, in such form as may be specified by the county governing authority, the principal amount of the debt, the purpose for which the debt is to be issued, the rate or rates of interest or the maximum rate or rates of interest the debt will bear, and the amount of principal to be paid in each year during the life of the debt; and such publication of notice by the election superintendent shall take the place of the notice otherwise required by Code Section 36-80-11 or by subsection (b) of Code Section 36-82-1, which notice shall not be required. (c) If the tax is to be imposed solely for road, street, and bridge purposes, the ballot shall have written or printed thereon the following:
"( ) YES Shall a special 1 percent sales and use tax be imposed for road, street, and bridge purposes in _________________ County for a period
( ) NO of_______________?'
(d) (1) If the tax is to be imposed solely for purposes other than for road, street, and bridge purposes and if no debt is to be issued, the ballot shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall a special 1 percent sales and use tax be imposed in

_________________ County for a period of time not to exceed

______________ and for the raising of not more than

$_______________

for

the

purpose

of

___________________________ 9>

(2) If debt is to be issued, the ballot shall also have written or printed thereon, following the language specified by paragraph (1) or (3) of this subsection, the following:
'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of ___________ County in the principal amount of $___________ for the purpose of

(3) If the tax is to be imposed in part for road, street, and bridge purposes and in part for other purposes, the ballot shall have written or printed thereon the following:

"( ) YES Shall a special I percent sales and use tax be imposed in ______________ County for a period of ______________,
( ) NO fr road, street, and bridge purposes and for the purpose f

(e) All persons desiring to vote in favor of imposing the tax shall vote 'Yes' and all persons opposed to levying the tax shall vote 'No.' If more than one-half of the votes cast are in favor of imposing the tax then the tax shall be imposed as provided in this article; otherwise the tax shall not be imposed and the question of imposing the tax shall not again be submitted to the voters of the county until after 12 months immediately following the month in which the election was held. The election superintendent shall hold and conduct the election under the same rules and regulations as govern special

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elections. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds.
(f) (1) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the county; otherwise such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters.
(2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the county may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be necessary and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this article. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the county from the tax authorized by this article. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on such debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county. In no event shall any proceeds of a tax which is imposed pursuant to this article in whole for road, street, or bridge purposes be used for payment of general obligation debt. If the tax is imposed in part for road, street, and bridge purposes and in part for other ; then general obligation debt may be issued only in conjunction with the pur other than road, street, or bridge purposes."
Section 2. Said article is further amended by striking Code Section 48-8-112, relating to imposition and termination of the tax, and inserting in its place a new Code section to read as follows:
"48-8-112. (a) If the imposition of the tax is approved at the special election, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the tax was approved by the voters. With respect to services which are regularly billed on a monthly basis, however, the resolution shall become effective with respect to and the tax shall apply to services billed on or after the effective date specified in the previous sentence.
(b) The tax shall cease to be imposed on the earliest of the following dates:
(1) If the resolution or ordinance calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt;
(2) On the final day of the maximum period of time specified for the imposition of the tax; or
(3) If the tax was imposed solely for purposes other than for road, street, and bridge purposes, as of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the county net proceeds equal to or greater than the amount specified as the maximum eest ef the project amount of net proceeds to be raised by the tax. (c) No county shall impose at any time more than a single 1 percent tax under this
tflx under tnis flpticie dt ftny tiiwc wftcn ft tftx unu&r (ill's flrticic t& tut ctiect tR tiic county^

MONDAY, MARCH 2, 1987

1547

bridge purposes may by ordinance or resolution and special election continue the imposi-
11OH Or til6 rftX rOf d lUFtrlCP pBFlOQ not tO 6XCGGQ TOUT yGflr9 Ift IflC 9QIT1& Hl&nnCF ftS
specified for the original imposition of the ta*; with such extended period net to comenee until the expiration ef the authorized period then in effect. A county in which a tax authorized by this article is in effect may, while the tax is in effect, adopt a resolution or ordinance calling for the reimposition of a tax as authorized by this article upon the termination of the tax then in effect; and a special election may be held for this purpose while the tax is in effect. Proceedings for the reimposition of a tax shall be jn the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect. Following the expiration of a tax under this article, a county may likewise initiate proceedings for the reimposition of a tax under this article."
Section 3. Said article is further amended by striking Code Section 48-8-121, relating to use of proceeds of the tax, and inserting in its place a new Code section to read as follows:
"48-8-121. (a) The proceeds received from the tax authorized by this article shall be used by the county exclusively for the purpose or purposes specified in the resolution or ordinance calling for imposition of the tax. Such proceeds shall be kept in a separate account from other funds of the county and shall not in any manner be commingled with other funds of the county prior to expenditure.
(b) If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are to be used in whole or in part for road, street, and bridge purposes, then authorized uses of the tax proceeds shall include acquisition of right of way for, construction of, and renovation and improvement of, including relocation of utilities for and improvement of surface water drainage from, roads, streets, and bridges both within the unincorporated area of the county and within the incorporated areas of municipalities within the county. If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are to be used in whole for road, street, and bridge purposes, then no part of the proceeds of the tax shall be used to retire general obligation debt.
(c) No general obligation debt shall be issued in conjunction with the imposition of the tax authorized by this article when the tax is imposed in whole for road, street, and bridge purposes. If the tax is imposed in whole or in part for purposes other than road, street, and bridge purposes, then no general obligation debt shall be issued in conjunction with the imposition of the tax unless the county governing authority determines that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due the county will receive from the tax authorized by this article net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this article shall be payable first from the separate account in which are placed the proceeds received by the county from the tax authorized by this article. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on said debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county.
(d) The resolution or ordinance calling for imposition of the tax authorized by this article solely for purposes {other than for road, street, and bridge purposes) may specify that all of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the resolution or ordinance so provides, then such proceeds shall be used solely for such purpose except as provided in subsection (g) of this Code section.
(e) (1) The resolution or ordinance calling for the imposition of the tax authorized by this article in whole or in part for purposes {other than for road, street, and bridge purposes) may specify that a part of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the ordinance or resolution so provides, it shall specifically state the other purposes for which the such proceeds will be used; and such other purposes shall be road, street, or bridge purposes or a part of the capital outlay project or projects for which the tax

1548

JOURNAL OF THE HOUSE,

is to be imposed or some combination thereof. In such a case no part of the net proceeds from the tax received in any year shall be used for such other purposes until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the proceeds of the tax are placed.
(2) In no event shall any proceeds of general obligation debt issued pursuant to this article be used for road, street, or bridge purposes. (f) The resolution or ordinance calling for the imposition of the tax may specify that no general obligation debt is to be issued in conjunction with the imposition of the tax. If the ordinance or resolution so provides, it shall specifically state the purpose or purposes for which the proceeds will be used; and svteh purposes shall be road, street, and DriQ[c purposes OP snflii De ft pdrt of trie ctpit>ti out!fly project top wincn tfte t&x ts to
(g) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for final payment of such debt shall be subject to and applied as provided in this subsection. If the county receives from the tax net proceeds (other than from a tax imposed in whole or in part for road, street, and bridge purposes) in excess of the maximum cost of the project or projects stated in the resolution or ordinance calling for the imposition of the tax or in excess of the actual cost of such project or projects, then such excess proceeds shall be subject to and applied as provided in this subsection. If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-112 by reason of denial of validation of debt, then all net proceeds received by the county from the tax shall be excess proceeds subject to this Code section subsection. Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of the county other than indebtedness incurred pursuant to this article. If there is no such other indebtedness or, if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of the county, it being the intent that any funds so paid into the general fund of the county be used for the purpose of reducing ad valorem taxes."
Section 4. Said article is further amended by adding at the end thereof a new Code Section 48-8-122 to read as follows:
"48-8-122. This article shall be repealed upon the date on which an Act or constitutional amendment increasing the current 3 percent state sales and use tax to a rate in excess of 3 percent becomes effective. No county shall on or after such date adopt any resolution or ordinance calling for the imposition of the tax authorized by this article. With respect to taxes imposed under this article prior to such date, and proceedings commenced prior to such date for the imposition of taxes under this article, the provisions of this article shall continue to control until such previously imposed taxes, previously commenced proceedings, and taxes resulting from such previously commenced proceedings are terminated according to the provisions of this article."
Section 5. Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel taxes, is amended by striking the language "7 '/2(t" and inserting in lieu thereof the language "10(t" in paragraph (1) of subsection (a) of Code Section 48-9-3, so that when amended it shall read as follows:
"(a) (1) An excise tax is imposed at the rate of 7 '/at 10$ per gallon on distributors who sell or use motor fuel within this state. It is the intention of the General Assembly that the legal incidence of the tax be imposed upon the distributor."
Section 6. Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax generally, is amended by adding to the end thereof a new subsection (d) to read as follows:
"(d) Motor fuel which contains not less than 5 percent ethanol is exempt from the first 3 per gallon excise tax imposed by paragraph (1) of subsection (a) of this Code section."

MONDAY, MARCH 2, 1987

1549

Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

Representative Kilgore of the 42nd requested that the Speaker rule as to whether the Senate substitute to HB 191 is germane.
The Speaker ruled that the Senate substitute to HB 191 was not germane and gave opportunity for any member to appeal the ruling of the Chair.
There was no appeal and the ruling of the Chair was sustained.

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

HB 720. By Representative Pinkston of the 100th:
A bill to amend Article 6 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to business development corporations, so as to increase the maximum amount of certain loans that members may make to business development corporations; to modify the manner in which calls for member loans made by a business development corporation shall be apportioned among its members.

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

Y Aaron Y Adams.G Y Adams,M Y Aiken
YAlford Y Alien YAthon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B
Y Bamett,M YBeck Y Benefield
Benn Y Birdsong
Y Bishop Y Bostick Y Branch
YBray Y Brooks Y Brown
Buck
Y Buford YByrd Y Carrell
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 Couch
YCox Y Crawford Y Crosby
Cummings Davis.G Y Davis.M Y Diion Dobbs Y Dover Dunn Y Edwards Y Felton
Y Floyd Y Foster YGaler
YGodbee Y Goodwin Y Green
Y Greene YGreer
Y Gresham Y Griffin Y Groover Y Hamilton
Y Manner Y Harris
Y Hasty YHays Y Heard Y Hensley

Y Herbert
Y Holcomb Y Holmes Y Hooks Y Hudson
Yhakson Y Jackson,J Y Jackson,W Y Jamieson Y Johnson.D Y Johnson.R
Y Kilgore Y Kingston
YLane,D Y Lane,R Y Langford
Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord
Lucas Lupton Y Mangum Y Martin Y McDonald Y McKelvey McKinney Y Milam Y Milford Y Mobley Y Moody
Y Moore Morton

Y Mostiler Y Moultrie Y Mueller
Y Oliver Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Y Pettit
Y Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T Y Ramsey.V
YRandall Y Ransom YRay Y Reaves Y Redding
Y Richardson Y Ricketson Y Robinson.C Y Robinson,P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfleld

Sizemore Y Smith,L Y Smith,P
Y Smith.T Y Smith,W
Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C
Thomas.M Y Thompson Y Thurmond
Townsend Y Triplett Y Twiggs
Y Waddle Y Waldrep
Walker.C Y Walker,L Y Wall YWare
Y Watson Y Watts
Y White Wilder
Y Williams,B Williams,J Wilson
Y Wood Workman
Y Yeargin Young Murphy,Spkr

1550

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HR 265. By Representative Ricketson of the 82nd: A resolution compensating Mr. William E. Wilder.
The following amendment was read and adopted:
The Committee on Appropriations moves to amend HR 265 by changing the figure "$160,881.00" on line 55 page 1 to "$36,500.00".
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 roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey
Balkcom
Y Bannister Bargeron
Y Barnett,B Y Bamett,M
Beck Y Benefield
Benn Y Birdsong
Bishop Bostick Y Branch
Bray Y Brooks Y Brown
Buck Y Buford YByrd Y Carrell
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 Couch
Coi Y Crawford
Crosby Cummings Davis.G Davis.M Y Dixon Dobbs Y Dover Dunn Y Edwards Y Felton Y Floyd Foster Y Galer YGodbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Griffin Groover Y Hamilton Y Hanner Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert
Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson
Y Jackson,J Y Jackson.W Y Jamieson' Y Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford
Lawler Y Lawrence
Y Lawson YLee
Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin
Y McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley
Y Moody Y Moore
Morton

Y Mostiler
Y Moultrie Y Mueller Y Oliver
Y Orrock Y Padgett
Pannell Y Parham Y Parrish Y Patten Y Peters
Pettit Y Phillips
Pinkston Y Pittman Y Porter Y PoweU
Y Prichard Y Rainey
Ramsey.T Ramsey,V Randall Y Ransom YRay Y Reaves Redding Y Richardson Y Ricketson Y Robinson.C
Y Robinson.P Y Royal Y Selman
Y Shepard Y Sherrod
Simpson Sinkfield

Y Sizemore
Y Smith,L Y Smith,P Y Smith.T Y Smith,W
Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas,C Thomas,M Y Thompson Thurmond Townsend
Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Walker,L Y Wall YWare Y Watson Y Watts Y White Y Wilder Williams.B
Williams.J Wilson Y Wood Workman
Y Yeargin Y Young
Murphy,Spkr

On the adoption of the Resolution, as amended, the ayes were 133, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 270. By Representative Randall of the 101st:
A resolution compensating Mrs. Frans Reid on behalf of Loverne Terrell Matlock.

The following amendment was read and adopted:

MONDAY, MARCH 2, 1987

1551

The Committee on Appropriations moves to amend HR 270 by changing the figure "$1,694.94" on line 53 page 1 to the figure "$469.20".

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

Aaron Y Adams.G Y Adams,M
Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Balkcom
Bannister Y Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield
Benn
Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter
Chambless Y Chance
Cheeks Y Childers
Childs Y Clark.B Y Clark,L

Y Colbert Coleman Colwell
Y Connell
Y Cooper Y Couch
Cox Y Crawford
Crosby Y Cummings
Davis.G Davis.M
Y Dixon Y Dobbs Y Dover YDunn Y Edwards
Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin
Y Green Y Greene
Greer Y Gresham Y Griffin Y Groover Y Hamilton
Y Hanner Y Harris
Y Hasty YHays Y Heard
Hensley

Y Herbert Y Holcomb
Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson.J Y Jackson, W
Jamieson Y Johnson,D Y Johnson,R Y Kilgore
Kingston Y Lane,D
Lane.R Y Langford
Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum
Y Martin Y McDonald Y McKelvey
McKinney Milam Y Milford Y Mobley Y Moody Y Moore Morton

Y Mostiler Y Moultrie
Y Mueller Y Oliver Y Orrock
Y Padgett Pannell
YParham Y Parrish Y Patten Y Peters
Pettit Phillips Pinkston Y Pittman
Porter Y Powell Y Prichard Y Rainey
Ramsey.T Ramsey.V YRandall Y Ransom YRay
Y Reaves Y Redding Y Richardson Y Ricketson
Robinson,C Y Robinson.P
Y Royal Y Selman Y Shepard
Y Sherrod Simpson
Sinkfield

Y Sizemore Smith,L
Y Smith,P
Y Smith,T Y Smith,W YSmyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Thomas.M Y Thompson
Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Walker.L YWall Ware
Y Watson Y Watts Y White
Wilder Y Williams.B
Williams.J Wilson Y Wood Workman Y Yeargin Y Young Murphy,Spkr

On the adoption of the Resolution, as amended, the ayes were 132, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 585. By Representative Randall of the 101st:
A bill to amend Code Section 15-10-27 of the Official Code of Georgia Annotated, relating to continuation of certain county civil court officials as magistrate court officials, so as to provide that a civil court judge who appoints an attorney or another trial judge to act as judge pro tempore of the civil court may provide that the attorney or judge so appointed shall also serve as magistrate pro tempore for the magistrate court.

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

Y Aaron Y Adams.G Y Adams.M

Y Aiken Y Alford Y Alien

Y Athon Y Atkins
Bailey

Y Balkcom Y Bannister Y Bargeron

Y Barnett.B Y Barnett,M
Beck

1552

JOURNAL OF THE HOUSE,

Benefield Benn Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childera Childs Y Clark.B Y Clark,L Y Colbert Coleman Y Colwell Y Connell Y Cooper
Y Couch Coi
Y Crawford
Crosby Y Cummings
Davis.G Y Davis,M

Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green
Greene Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Banner Y Harris
Hasty YHays Y Heard
Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks
Hudson Y Isakson Y Jackson,J Y Jackson,W
Jamieson

Y Johnson.D
Y Johnson,R Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin
McDonald Y McKelvey
McKinney YMilam Y Milford Y Mobley
Moody Y Moore
Morton Y Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett

Y Pannell YParham Y Parrish Y Patten Y Peters
Y Pettit Y Phillips
Pinkston
Y Pittman Porter
Y Powell Y Prichard
Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding
Richardson Y Ricketson Y Robinaon.C Y Robinson,? Y Royal Y Selman Y Shepard Y Sherrod
Simpson
Sinkfield Y Sizemore
Smith.L
Y Smith,P

Y Smith.T Y Smith.W YSmyre YSnow Y Stancil
Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Walker.L YWall Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Williams,.!
Wilson Y Wood
Workman Y Yeargin Y 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.

HB 624. By Representatives Randall of the 101st and Martin of the 26th:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to make certain editorial changes; to remove the limitation on the amounts of funds for which the judge of the probate court may be custodian; to make such custodianship discretionary; to provide that guardianships may be established in certain cases; to provide for increases in the amount of bond of the judge.

The following Committee substitute was read and adopted:

A BILL
To amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to make certain editorial changes; to remove the limitation on the amounts of funds for which the judge of the probate court may be custodian; to make such custodianship discretionary; to provide that guardianships may be established in certain cases; to provide for increases in the amount of bond of the judge; to provide for the disposition of unclaimed funds; to provide alternatives to the custodianship of the judge; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by striking in its entirety Chapter 8, relating to the judge of the probate court as custodian of certain funds, and inserting in its place a new Chapter 8 to read as follows:

MONDAY, MARCH 2, 1987

1553

"CHAPTER 8
29-8-1. (a) The judges of the probate courts arej in their discretion, made the legal custodians and distributors of all moneys due and owing to any minor or insane petsen incapacitated adult who has no legal and qualified guardian of the property; and the judges are authorized to receive and collect all such moneys arising from insurance policies, benefit societies, legacies, inheritances, or any other source; provided that the amount due from aH sources shatt net exceed- $2,600.00. Without any appointment or qualifying order, the judge is authorized to take charge of the money or funds for the minor or insane person incapacitated adult by virtue of his office as judge of the probate court in the county of the residence of the minor or insane person incapacitated adult. The certificate of the judge that no legally qualified guardian of the property has been
conclusive and shall be sufficient authority to justify any debtor or debtors in making payment of moneys due as aforesaid, claims therefor having been made by the judge.
(b) The judges^ in their discretion, shall also be the depositories for and custodians of all moneys; within the limitations provided in subsection ^a) of this Code section, of any heir of any estate who cannot be located by the executor or administrator so that the moneys may be distributed to the heir. Subject to subsection {a} ef- this Code section, any Any executor or administrator shall be authorized to pay over to the judge any such moneys; and the judge shall be authorized to take charge thereof as provided for in this subsection.
29-8-2. The judge of the probate court is authorized, in his discretion, to employ counsel to bring an action to recover any amount due a minor or insane person incapacitated adult described in Code Section 29-8-1, in the minor or insane person's incapacitated adult's name or in the name of the judge as guardian, in any court having jurisdiction thereof. The judge of the probate court shall have authority to pay to counsel a reasonable fee for his services in the proceeding, which were necessary to enforce the right of the minor or insane person incapacitated adult, out of the funds collected.
29-8-3. It shall be the duty of the judge of the probate court to keep a well-bound book, properly indexed; in which a complete record shall be hept of all money received by him for minors or insane persons incapacitated adults by virtue of his services under Code Section 29-8-1. The record shall show from what source the funds were derived and to whom and for what the money was paid. The beet record shall be open for inspection by the public at all times, as are other records in the office of the judge.
29-8-4. The judge of the probate court who, pursuant to Code Section 29-8-1, receives funds due and owing a minor or insane person incapacitated adult is authorized and directed to pay out the funds so received by him, or whatever amount he may think necessary, for the support, education, and maintenance of the minor or insane person incapacitated adult, as well as the funeral and burial expenses of the minor or insane person incapacitated adult, in case of the person's death, as in his judgment may be proper and right. The expenditures made by the judge shall be final and no liability shall attach to the judge or his bondsmen by reason of such expenditures when properly made.
29-8-4.1. The judge of the probate court may order that a guardianship be established in cases in which encroachments of the property or funds received are necessary or in other appropriate cases and may distribute any or all of such property or funds to such guardian. The guardian so appointed shall be subject to all pertinent requirements of this title.
29-8-5. When any funds due and owing a minor or an insane person incapacitated adult come into the hands of the judge of the probate court and the funds are not needed for the support, education, and maintenance of the minor or insane person incapacitated adult, it shall be the duty of the judge to place the funds in the savings department of some good and solvent bank at the current rate of interest allowed on savings deposits. There shall be no further liability against the judge or his bondsmen when the deposit is made in good faith.
29-8-6. The judges of the probate courts shall receive, as compensation for their services under Code Section 29-8-1, 5 percent on the amount handled.

1554

JOURNAL OF THE HOUSE,

29-8-7. (a) Judges of the probate courts shall be held accountable on their official bonds for the faithful discharge of their duties pursuant to Code Section 29-8-1 as guardians and for the proper distribution of funds coming into their hands as such guardians L provided that no single custodial account exceeds $2,500.00. If any single custodial account exceeds $2,500.00, the judge shall increase the judge's official bond or surety required by. Code Section 15-9-7 by $75,000.00.
(b) Subject to subsection (a) of this Code section, the judge shall be authorized to increase the amount of his official bond or surety to correspond to the amounts for which he is custodian under this chapter. The payment of any such increase shall be the responsibility of the county governing authority.
29-8-8. The judge may turn over property to the Department of Revenue 15 years after:
(1) Receipt by the judge of property pursuant to this chapter, if held for a missing heir;
(2) An incapacitated adult dies, if no proceedings are commenced concerning such person's estate; or
(3) A minor would have reached the age of majority. 29-8-9. Notwithstanding contrary provisions of this chapter, in any case in which the amount of funds to be received and collected by the probate judge exceeds $2,500.00, upon request of the next of kin or the guardian of the person of the minor or incapacitated adult, the funds shall be placed in a guardianship account or similar fiduciary arrangement authorized by law."
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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 310. By Representatives Aiken of the 21st, Atkins of the 21st, Wilder of the 21st, Gresham of the 21st, Lawler of the 20th and Isakson of the 21st:

A RESOLUTION
Creating the Cobb County Court Consolidation Plan Study Committee; and for other purposes.
WHEREAS, Cobb County is faced with the need for an additional judge of the superior court to meet the increasing caseload in the Superior Courts of Cobb County; and
WHEREAS, a plan has been proposed to alleviate this problem by consolidating the State Court and the Superior Court of Cobb County; and
WHEREAS, the consolidation of these courts in Cobb County would serve as a pilot program for other counties in the state facing similar needs; and
WHEREAS, this plan of consolidation should be reviewed by the legislative, judicial, and executive officials of Cobb County to determine its feasibility.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Cobb County Court Consolidation Study Committee to be composed of nine members as follows: the chairman of the Cobb County delegation to the General Assembly; the secretary of the Cobb County delegation; the Honorable Roy Barnes, Senator, 33rd District; the Honorable Sam Hensley, Representative, 20th District; a judge of the Superior Court of Cobb County; a judge of the State Court of Cobb County;

MONDAY, MARCH 2, 1987

1555

the Clerk of the Superior Court of Cobb County; the Clerk of the State Court of Cobb County; and the chairman of the Board of Commissioners of Cobb County.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct not more than four 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. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1987, on which date the committee shall stand abolished.

The following Committee substitute was read and adopted:

A RESOLUTION
Creating the Cobb County Court Consolidation Plan Study Committee; and for other purposes.
WHEREAS, Cobb County is faced with continuing pressure to expand judgeships of the superior court to meet the increasing caseload in the Superior Courts of Cobb County; and
WHEREAS, a plan has been proposed to alleviate this problem by consolidating the State Court and the Superior Court of Cobb County; and
WHEREAS, the consolidation of these courts in Cobb County would serve as a pilot program for other counties in the state facing similar needs; and
WHEREAS, this plan of consolidation should be reviewed by the legislative, judicial, and executive officials of Cobb County to determine its feasibility.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Cobb County Court Consolidation Study Committee to be composed of nine members as follows: the chairman of the Cobb County delegation to the General Assembly; the secretary of the Cobb County delegation; a senator from the Cobb County delegation; the Honorable Sam Hensley, Representative, 20th District; a judge of the Superior Court of Cobb County; a judge of the State Court of Cobb County; the Clerk of the Superior Court of Cobb County; the Clerk of the State Court of Cobb County; and the chairman of the Board of Commissioners of Cobb County.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct not more than four 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. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1987, on which date 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 ayes were 115, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

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HB 598. By Representative Galer of the 97th:
A bill to amend Article 3 of Chapter 7 of Title 53 of the Official Code of Georgia Annotated, relating to appraisement and inventory of estates, so as to change the circumstances under which an executor shall be required to file inventories and returns.

The following Committee substitute was read and adopted:

A BILL
To amend Article 3 of Chapter 7 of Title 53 of the Official Code of Georgia Annotated, relating to appraisement and inventory of estates, so as to change the circumstances under which an executor shall be required to file inventories and returns; 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. Article 3 of Chapter 7 of Title 53 of the Official Code of Georgia Annotated, relating to appraisement and inventory of estates, is amended by striking Code Section 53-7-79, relating to dispensing with inventory and returns, and inserting in its place a new Code section to read as follows:
"53-7-79. A testator may, by will, dispense with the necessity of his executor's making an inventory or returns, provided the same does not work any injury to creditors or third persons, other than legatees under the will. If a foreign will is admitted to probate in common or solemn form in Georgia, and under the laws of the state where the will was executed the executor would not have been required to file inventories and returns, or if the will otherwise expresses an intent to relieve the executor from all reporting requirements, such a will shall be construed as dispensing with the necessity of inventories and returns in Georgia."
Section 2. This Act shall become effective July 1, 1987, and shall apply to proceedings commenced on or after said effective date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 908. By Representative Ramsey of the 3rd:
A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, so as to remove the limit on the maximum amount of intangible recording tax payable; to convert the intangible recording tax to a documentary tax.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 12.
The Bill, having received the requisite constitutional majority, was passed.

The Speaker Pro Tern assumed the Chair.

MONDAY, MARCH 2, 1987

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HB 189. By Representatives Thompson of the 20th, Bailey of the 72nd, Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th and others:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the penalties for certain sexual offenses; to provide for minimum mandatory sentencing of persons convicted of certain sexual offenses against minors.

The following Committee substitute was read:

A BILL
To amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the penalties for certain sexual offenses; to provide for minimum mandatory sentencing of persons convicted of certain sexual offenses against minors; to change certain descriptions of offenses; 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 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by striking Code Section 16-6-4, relating to child molestation, in its entirety and inserting in lieu thereof a new Code Section 16-6-4 to read as follows:
"16-6-4. (a) A person commits the offense of child molestation when he does any immoral or indecent act to er in th presence ef er with any child under the age of 14 years with the intent to arouse or satisfy the sexual desires of either the child or the person.
(b) A person convicted of the offense of child molestation shall be punished by imprisonment for not less than one nor more than 20 years. Upon a first conviction of the offense of child molestation, the judge may probate the sentence; and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, he shall sentence the defendant to imprisonment; provided, further, that upon a defendant being incarcerated on a conviction for a first offense, the Department of Corrections shall provide counseling to such defendant. Upon a second or third conviction of such offense, the defendant shall be punished by imprisonment for not less than five years. For a fourth or subsequent conviction of the offense of child molestation, the defendant shall be punished by imprisonment for 20 years. Adjudication of guilt or imposition of sentence for a conviction of a third, fourth, or subsequent offense of child molestation, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld.
(c) A person commits the offense of aggravated child molestation when he commits an offense of child molestation which results in physical injwy te act physically injures the child or involves an act of sodomy.
(d) A person convicted of the offense of aggravated child molestation shall be punished by imprisonment for not less than one two nor more than 30 years."
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 following amendment was read and adopted:

Representatives Thompson of the 20th and Thomas of the 69th move to amend the Committee substitute to HB 189 by inserting on line 16 the words:
"or in the presence of or with"

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The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 614. By Representatives Groover of the 99th, Chambless of the 133rd, Robinson of the 96th and Thomas of the 69th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to create the offices of Senior Appellate Court Justice and Senior Appellate Court Judge.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 9.
The Bill, having received the requisite constitutional majority, was passed.

Representative Childers of the 15th wished to be recorded as voting "nay" on HB 614.

HB 843. By Representative Groover of the 99th:
A bill to amend Code Section 50-16-17 of the Official Code of Georgia Annotated, relating to the authorizing of units or instrumentalities of government to act as parties in courts in cases pertaining to property, so as to clarify that such cases pertain to real property.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 657. By Representatives Pannell of the 122nd and Robinson of the 96th:
A bill to amend Article 6 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to trials under the "Georgia Civil Practice Act", so as to provide under what conditions findings of fact and conclusions of law must accompany the judgment of a court of record.

The following amendments were read and adopted:

The Committee on Judiciary moves to amend HB 657 by inserting on line 6 of page 1 between "conclusions;" and "to" the following:
"to change certain time limitations for filing of motions to change findings of the court;".
By striking from line 14 of page 3 and from line 19 of page 3 the following: "ten",

MONDAY, MARCH 2, 1987

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and inserting in its place the following: "20".

Representative Langford of the 7th moves to amend HB 657 as follows:
Following the word "shall" on line 34, page 2, add the words:
"upon request of any party made prior to such ruling,"
also, by striking on lines 1 and 2, page 3, the words:
"A request is not necessary."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 97, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 541. By Representative Athon of the 57th:
A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide that a bank or storage facility must be licensed, accredited, or approved under the laws of this state; to provide that a hospital shall maintain a written cooperative agreement with at least one bank or storage facility for the purpose of procuring anatomical gifts.
The following Committee substitute was read and adopted:
A BILL
To amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, as amended by an Act approved April 1, 1986 (Ga. L. 1986, p. 645), so as to change certain definitions; to provide a definition of organ procurement agency; to provide for preferences for recipients of anatomical gifts who are residents of this state under certain conditions; to create the Advisory Board on Anatomical Gift Procurement; to provide for the composition of the board; to provide for terms and allowances of members; to provide powers and duties of the board; 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 Annotated, relating to anatomical gifts, as amended by an Act approved April 1, 1986 (Ga. L. 1986, p. 645), is amended by striking in its entirety paragraph (1) of Code Section 44-5-142, relating to definitions affecting anatomical gifts, and inserting in its place a new paragraph (1) to read as follows:
"(1) 'Bank or storage facility' means a facility tissue bank or eye bank licensed; accredited, or approved tmetef the tews ef any state fef by the State of Georgia and also means an organ procurement agency or other facilities for the storage of human bodies or parts thereof in this state."
Section 2. Said article is further amended by inserting immediately following paragraph (4) of Code Section 44-5-142, relating to definitions affecting anatomical gifts, a new paragraph, to be designated paragraph (4.5), to read as follows:

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"(4.5) 'Organ procurement agency* means an organization located in the State of Georgia that is designated by the Health Care Financing Administration of the federal Department of Health and Human Services under the end stage renal disease facility regulations to perform or coordinate the performance of all of the following services:
(A) Procurement of donated kidneys; (B) Preservation of donated kidneys;
(C) Transportation of donated kidneys; and (D) Maintenance of a system to locate prospective recipients of procured organs. An organ procurement agency may also perform these services for extrarenal vital organs
and includes any organization certified by the federal Department of Health and Human Services as an organ procurement agency."
Section 3. Said article is further amended by striking in their entirety Code Section 44-5-143, relating to adult decedents who may make anatomical gifts, and Code Section 44-5-143.1, relating to anatomical gifts of minor decedents, and inserting in their place new
Code Sections 44-5-143 and 44-5-143.1 to read as follows: "44-5-143. (a) Any individual who is 18 years of age or older and of sound mind
may give all or any part of his body for any purpose specified in Code Section 44-5-144,
the gift to take effect upon death. (b) 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 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 representative shall notify the concerned
ergan bank, eye tissue applicable type of 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) 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 ergaft bank, eye er tissue applicable type of 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^ 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 training of any person or persons who may be designated to perform the request and the

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procedures to be employed in making it. In addition, the board shall establish such regulations as are necessary to implement appropriate hospital procedures to facilitate the delivery of donations from receiving hospitals to potential recipients.
(h) The Board of Human Resources shall establish such additional rules and regulations 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.
j)_In the absence of a specification by a decedent or a person authorized to give all or part of the decedent's body, any bank or storage facility that becomes the doneee shall give preference to potential recipients of that donation who are residents of this state i
(1) The donation is medically acceptable to the potential recipients who are residents of this state;
(2) Potential recipients who are residents of other states are not in greater need of the donation than potential recipients who are residents of this state; and
(3) The requisite medical procedure required for the potential recipient to receive the donation will be performed in this state. 44-5-143.1. (a) The parents, legal guardian, or other person authorized under subsection (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 erga bank, eye or tissue applicable type of 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 erga bank, eye er tissue applicable type of 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 hospitalj 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

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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 regulations as are necessary to implement appropriate hospital procedures to facilitate the delivery of donations from receiving hospitals to potential recipients.
(h) The Board of Human Resources shall establish such additional rules and regula-
tions as are necessary for the implementation of this Code Section. (i) In promulgating or amending all rules and regulations required for the proper
implementation and administration of this Code section, the Board of Human Resources
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.
(j) In the absence of a specification by a decedent or a person authorized to give all
or part of the decedent's body, any bank or storage facility that becomes the donee shall give preference to potential recipients of that donation who are residents of this state if:
(1) The donation is medically acceptable to the potential recipients who are resi-
dents of this state; (2) Potential recipients who are residents of other states are not in greater need
of the donation than potential recipients who are residents of this state; and
(3) The requisite medical procedure required for the potential recipient to receive the donation will be performed in this state."
Section 4. Said article is further amended by adding at the end thereof two new Code sections, to be designated Code Section 44-5-149 and Code Section 44-5-150, to read as follows:
"44-5-149. (a) There is created an advisory board to be known as the Advisory Board on Anatomical Gift Procurement. The board shall be composed of the following appointed persons:
(1) The Governor shall appoint:
(A) One representative of an eye bank; (B) One representative of a tissue bank; (C) One representative of a bone bank; (D) One representative of an organ procurement agency;
(E) One representative of hospitals in this state; (F) One representative of the medical profession in this state; (G) One representative of the Department of Human Resources; (H) One representative of the Department of Medical Assistance; and
(I) One representative of the Health Planning Agency; (2) The Speaker of the House of Representatives shall appoint three members of
the House of Representatives; and (3) The President of the Senate shall appoint three members of the Senate.
(b) Each person shall be appointed for a term of two years. Legislative members shall be appointed for a term concurrent with a term of office.
(c) The advisory board shall select a chairman and such other officers as it deems
necessary and is empowered to make such rules for governing of the affairs of the board as it deems appropriate. The board shall meet on the call of the chairman.
(d) The members of the board shall receive no compensation. Members appointed
under paragraphs (2) and (3) of subsection (a) of this Code section shall receive the

MONDAY, MARCH 2, 1987

1563

allowances authorized for legislative members of interim legislative committees for each day of attendance upon the business of the board.
44-5-150. The Advisory Board on Anatomical Gift Procurement shall: (1) Consult with, advise, and lend expertise to the Department of Human
Resources in the implementation and administration of rules and regulations regarding this article;
(2) Identify areas of need in supply and demand for human organs and tissues in this state and encourage the cooperation of banks and storage facilities under this article in meeting such needs;
(3) Encourage and recommend the implementation of a formal policy in this state to foster a state-wide network maintained by banks and storage facilities regarding coverage of hospitals and other facilities to assure that anatomical gifts are requested and procured;
(4) Negotiate and recommend for adoption by the department agreements with other states and with banks and storage facilities of other states, whether through protocols, compacts, or other agreements, and cooperation and reciprocity provisions in the interstate procurement of anatomical gifts;
(5) Recommend solutions and actions relative to participation in a national network of anatomical gift sharing;
(6) Encourage improved public education and awareness regarding anatomical gifts; and
(7) Report biennially to the Governor, the Health and Ecology Committee of the House of Representatives, and the Human Resources Committee of the Senate regarding the progress and actions of the advisory board."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 99, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 742. By Representatives Hanner of the 131st and Chambless of the 133rd:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to records checks of employees of day-care centers, so as to change definitions.

The following amendment was read and adopted:

The Committee on Health and Ecology moves to amend HB 742 by striking lines 7 and 8 of page 7 and inserting in lieu thereof the following:
"determination of the director and after each employee has applied for a preliminary rtoec".ords check determination under Code Section 49-5-63, the department shall transmit
By striking line 17 of page 9 and inserting in lieu thereof the following:
"records check determination. The department may accept the previous satisfactory determination unless it has reason 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 98, nays 0.

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

HR 176. By Representatives Byrd of the 153rd, Moody of the 153rd, Smith of the 152nd, Dixon of the 151st and Smith of the 156th:

A RESOLUTION
Creating the Brunswick Judicial Circuit Study Committee; and for other purposes.
WHEREAS, the population residing within the Brunswick Judicial Circuit has increased greatly and the number of actions filed in the superior courts of the counties within the circuit has likewise increased greatly since the boundaries of the circuit were last defined; and
WHEREAS, it has been suggested the interests of judicial economy and efficiency might be promoted by the division of the circuit into two separate circuits; and
WHEREAS, this suggestion should be seriously and carefully studied by members of this body and by those most knowledgeable about the operations of superior court in the circuit.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Brunswick Judicial Circuit Study Committee to be composed of two members of the House of Representatives to be appointed by the Speaker of the House, two members of the Senate to be appointed by the Lieutenant Governor, the chief judge of superior court of the Brunswick Judicial Circuit or his designee; and the president of the bar association of each county in the circuit or his designee. The chairman of the committee shall be appointed by the Speaker of the House, and the vice chairman of the committee shall be appointed by the Lieutenant Governor.
BE IT FURTHER RESOLVED that the committee shall undertake a study of any and all matters pertinent to the foregoing recitals. The committee may conduct such meetings at such places and at such times as it may deem necessary or advisable to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. All 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 unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, such report shall be made on or before December 1, 1987, on which date the committee shall stand abolished.

The following Committee substitute was read and adopted:

A RESOLUTION
Creating the Brunswick Judicial Circuit Study Committee; and for other purposes.
WHEREAS, the population residing within the Brunswick Judicial Circuit has increased greatly and the number of actions filed in the superior courts of the counties within the circuit has likewise increased greatly since the boundaries of the circuit were last defined; and
WHEREAS, it has been suggested the interests of judicial economy and efficiency might be promoted by the division of the circuit into two separate circuits; and
WHEREAS, this suggestion should be seriously and carefully studied by members of this body and by those most knowledgeable about the operations of superior court in the circuit.

MONDAY, MARCH 2, 1987

1565

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Brunswick Judicial Circuit Study Committee to be composed of two members of the House of Representatives to be appointed by the Speaker of the House, two members of the Senate to be appointed by the Lieutenant Governor, the chief judge of superior court of the Brunswick Judicial Circuit or his designee; and the president of the bar association of each county in the circuit or his designee. The chairman of the committee shall be appointed by the Speaker of the House, and the vice chairman of the committee shall be appointed by the Lieutenant Governor.
BE IT FURTHER RESOLVED that the committee shall undertake a study of any and all matters pertinent to the foregoing recitals. The committee may conduct such meetings at such places and at such times as it may deem necessary or advisable to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. In the event the committee makes a report of its findings and recommendations, such report shall be made on or before December 1, 1987, on which date 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 ayes were 102, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

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

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AFTERNOON SESSION

The Speaker Pro Tern called the House to order.
The following Resolutions of the House were read and adopted:
HR 351. By Representative Brooks of the 34th: A resolution recognizing the Warren County School Reunion of the TwentySix Schools.
HR 352. By Representatives Brooks of the 34th and Randall of the 101st: A resolution in memory of Ennis Murray.
HR 353. By Representative Brooks of the 34th: A resolution in memory of Mrs. Odessa N. Wilburn.
HR 354. By Representative Dunn of the 73rd: A resolution expressing sympathy at the passing of Honorable John Charley Chafin.
HR 355. By Representative Barnett of the 59th: A resolution commending Barb Lewis.
HR 356. By Representative Barnett of the 59th: A resolution commending Sherry Hague.
HR 357. By Representative Barnett of the 59th: A resolution commending Joann Culvern.
HR 358. By Representatives Aiken of the 21st, Wilder of the 21st, Gresham of the 21st, Isakson of the 21st, Atkins of the 21st and others: A resolution commending Garrett Middle School.
HR 359. By Representatives Aiken of the 21st, Wilder of the 21st, Gresham of the 21st, Isakson of the 21st, Atkins of the 21st and others: A resolution commending Walton High School.
HR 360. By Representatives Aiken of the 21st, Wilder of the 21st, Gresham of the 21st, Isakson of the 21st, Atkins of the 21st and others: A resolution commending Tritt Elementary School.
HR 361. By Representatives Aiken of the 21st, Wilder of the 21st, Gresham of the 21st, Isakson of the 21st, Atkins of the 21st and others: A resolution commending Tapp Middle School.

MONDAY, MARCH 2, 1987

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HR 362. By Representatives Aiken of the 21st, Wilder of the 21st, Gresham of the 21st, Isakson of the 21st, Atkins of the 21st and others:
A resolution commending Wheeler High School.

HR 363. By Representatives Aiken of the 21st, Wilder of the 21st, Gresham of the 21st, Isakson of the 21st, Atkins of the 21st and others:
A resolution commending Murdock Elementary School.

HR 364. By Representatives Aiken of the 21st, Wilder of the 21st, Gresham of the 21st, Isakson of the 21st, Atkins of the 21st and others:
A resolution commending Mt. Bethel Elementary Schoool.

HR 365. By Representative Byrd: A resolution commending Stetson F. Bennett, Jr.

HR 366. By Representatives Padgett of the 87th, Cheeks of the 89th, Brown of the 88th and Connell of the 87th:
A resolution commending the Honorable Robert C. Daniel, Jr.

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 43. By Representatives Steinberg of the 46th, Lee of the 72nd, Walker of the 115th, Smyre of the 92nd, Robinson of the 58th and others:
A bill to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving invasion of privacy, so as to provide that it shall be a criminal offense to use or allow use of certain automatic telephone dialing and announcing equipment for purposes of soliciting sales and certain other commercial purposes.

HB 191. By Representatives Kilgore of the 42nd, Dover of the llth, Benefield of the 72nd, Lee of the 72nd, Bailey of the 72nd 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.

HB 508. By Representatives Ware of the 77th, Wood of the 9th, Workman of the 51st, Lawson of the 9th and Colbert of the 23rd:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates and rate making, so as to authorize the Commissioner of Insurance to approve property or casualty insurance rates, policies, or contracts prior to their use upon a determination that a lack of competition or availability exists.

The Senate insists on its amendment to the following Bill of the House:

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JOURNAL OF THE HOUSE,

HB 185. By Representatives Bray of the 91st, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions relating to the deadline for transmission of certain qualifying fees to the superintendent of the county or the Secretary of State; to change the provisions relating to the filing deadline for certain notices of candidacy.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 87. By Representatives Crosby of the 150th, Murphy of the 18th, Sizemore of the 136th, Lane of the lllth, Bishop of the 94th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code", so as to extensively revise provisions relating to Georgia income tax; to revise provisions relating to Georgia estate tax; to define the terms "Internal Revenue Code", "Internal Revenue Code of 1954", and "Internal Revenue Code of 1986" and to thereby incorporate provisions of federal law into Georgia law.

The President has appointed on the part of the Senate the following: Senators Dawkins of the 45th, Barnes of the 33rd and Turner of the 8th.

The Senate insists on its substitute to the following Bill of the House:

HB 209. By Representatives Chambless of the 133rd, Smyre of the 92nd, Thomas of the 69th, Robinson of the 96th, Pannell of the 122nd and others:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to change the provisions relating to indemnification of directors, officers, employees, or agents of business corporations; to provide for advancement of certain expenses; to provide for continuation of indemnification and advancement of expenses.

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

SB 68. By Senator Garner of the 30th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, so as to provide that a person who engages in a criminal act on property owned or leased by a political subdivision of this state and who suffers an injury which is not inflicted by an officer, employee, or agent of such political subdivision shall not have a cause of action against such political subdivision for such injury.

SB 209. By Senators Perry of the 7th, Ray of the 19th and Turner of the 8th:
A bill to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, or marijuana, so as to provide that the possession, sale, manufacture, or transport into this state of five grams or more of pure cocaine, commonly known as "crack," shall constitute a crime; to provide for penalties.

MONDAY, MARCH 2, 1987

1569

SB 266. By Senators Engram of the 34th and Garner of the 30th:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, known as the "Handicapped Parking Law," so as to change the manner in which handicapped parking places are designated; to provide for implementation.

SB 342. By Senator Barnes of the 33rd:
A bill to amend Code Section 31-7-71 of the Official Code of Georgia Annotated, relating to definitions in the "Hospital Authorities Law," so as to include in the definition of "project" insurance of every type and description; to provide an effective date.

SB 357. By Senator Coleman of the 1st:
A bill to amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to weight of vehicles and loads, so as to provide that certain vehicles may not exceed certain weight limitations except when making a pickup or delivery on any public road of a county road system; to provide an effective date.

SB 366. By Senator Howard of the 42nd:
A bill to amend Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure of security interest in personalty, so as to change the provisions relating to authority to foreclose and executions relating thereto; to change the provisions relating to petitions for and issuance of writs of possession.

SB 368. By Senator Coleman of the 1st:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to dimensions and weights of vehicles and loads, so as to correct the Public Law reference; to authorize the department to designate and place appropriate signs upon those roads, streets, or highways on the State Highway System upon which the department determines vehicles exceeding 60 feet in length may reasonably operate; to provide an effective date.

SB 285. By Senator Howard of the 42nd:
A bill to amend Code Section 16-13-72 of the Official Code of Georgia Annotated, relating to sale and distribution of dangerous drugs, so as to prohibit the sale of, exchange for a valuable consideration of, or offers to sell or exchange complimentary samples of dangerous drugs.

SB 317. By Senator Engram of the 34th:
A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests for persons suspected of operating a motor vehicle while under the influence of alcohol or drugs, so as to provide minimum standards for chemical tests.

SB 361. By Senator Dawkins of the 45th:
A bill to amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to requirements for group life insurance policies, so as to delete requirements that certain group life insurance policies may be placed

1570

JOURNAL OF THE HOUSE,

in force only if a certain percentage of the eligible employees elects to make the required contributions to the premium.

SB 373. By Senators Langford of the 35th, Kidd of the 25th and Scott of the 36th:
A bill to amend Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to inspection of criminal records and the purging, modifying, or supplementing of criminal records, so as to provide that any person arrested or indicted for a crime and subsequently released without charge, not prosecuted, or cleared of the offense through court proceedings shall be entitled to have any criminal records relative to such case purged.

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

SR 126. By Senator Howard of the 42nd:
A resolution creating the Economic Development Through Historic Preservation Joint Study Committee.

SR 163. By Senators Kidd of the 25th, Kennedy of the 4th and Gillis of the 20th:
A resolution providing for the designation of the Albert "Al" Holloway Labor Building.

The Senate insists on its amendment to the following Resolution of the House:

HR 98. By Representatives Robinson of the 58th, Watson of the 114th, Hamilton of the 124th, Pettit of the 19th, Green of the 106th and others:
A resolution creating the Joint Comprehensive Energy Resources Policy Committee.

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

HB 17. By Representatives Thomas of the 69th, Chambless of the 133rd, Pannell of the 122nd and Waldrep of the 80th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions affecting jails, so as to declare unlawful the possession by a jail inmate of any controlled substance, dangerous drug, marijuana, alcoholic beverage, gun, pistol, or weapon without the knowledge and consent of the jailer; to provide definitions.

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

HB 804. By Representatives Buck of the 95th, Lane of the lllth, Stancil of the 66th, Stephens of the 68th, Alford of the 57th and others:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to limitations concerning the inspection of public records, so as to provide that Article 4 of Chapter 18 of Title 50, relating to inspection of public records, shall not be applicable to certain trade secrets and proprietary information.

MONDAY, MARCH 2, 1987

1571

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

SB 68. By Senator Garner of the 30th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, so as to provide that a person who engages in a criminal act on property owned or leased by a political subdivision of this state and who suffers an injury which is not inflicted by an officer, employee, or agent of such political subdivision shall not have a cause of action against such political subdivision for such injury.
Referred to the Committee on Judiciary.

SB 89. By Senators Langford of the 35th, Coverdell of the 40th and Newbill of the 56th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile courts, so as to authorize a program of state subsidies to assist certain counties in the funding of juvenile intake workers and juvenile probation officers; to establish a task force to determine a formula for the distribution of funds appropriated for such subsidies.
Referred to the Committee on Appropriations.

SB 90. By Senator Allgood of the 22nd:
A bill to amend Code Section 40-8-111 of the Official Code of Georgia Annotated, relating to school bus equipment, generally, so as to change the configuration and number of lights required on school buses.
Referred to the Committee on Motor Vehicles.

SB 136. By Senators Dawkins of the 45th, Peevy of the 48th, Bowen of the 13th and others:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide immunity for providing assistance and advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials; to provide for definitions; to provide for other matters relative to the foregoing; to provide an effective date.
Referred to the Committee on Natural Resources & Environment.

SB 169. By Senator Scott of the 2nd:
A bill to amend Code Section 17-7-211 of the Official Code of Georgia Annotated, relating to the right of defendant to copies of written scientific reports which will be introduced in evidence, so as to provide that certain written scientific reports from the Georgia Bureau of Investigation shall be admissible as evidence of the truth of the test results.
Referred to the Committee on Judiciary.

SB 209. By Senators Perry of the 7th, Ray of the 19th and Turner of the 8th:
A bill to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, or marijuana, so as to

1572

JOURNAL OF THE HOUSE,

provide that the possession, sale, manufacture, or transport into this state of five grams or more of pure cocaine, commonly known as "crack," shall constitute a crime; to provide for penalties.
Referred to the Committee on Public Safety.

SB 218. By Senators Dawkins of the 45th, Garner of the 30th and Foster of the 50th:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates and rate making, so as to provide that on and after July 1, 1987, no insurer shall charge or collect for any policy of insurance to which Chapter 9 of Title 33 applies any rate which exceeds its existing rate filed with the Commissioner by 10 percent or a higher percentage unless such rate has been approved by the Commissioner.
Referred to the Committee on Insurance.

SB 266. By Senators Engram of the 34th and Garner of the 30th:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, known as the "Handicapped Parking Law," so as to change the manner in which handicapped parking places are designated; to provide for implementation.
Referred to the Committee on Motor Vehicles.

SB 285. By Senator Howard of the 42nd:
A bill to amend Code Section 16-13-72 of the Official Code of Georgia Annotated, relating to sale and distribution of dangerous drugs, so as to prohibit the sale of, exchange for a valuable consideration of, or offers to sell or exchange complimentary samples of dangerous drugs.
Referred to the Committee on Health & Ecology.

SB 300. By Senator Hudgins of the 15th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to repeal the provision which authorizes a spouse to effectuate insurance upon the other spouse and the provision that an application for a family policy may be signed by either parent, by a stepparent, or by husband or wife.
Referred to the Committee on Insurance.

SB 317. By Senator Engram of the 34th:
A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests for persons suspected of operating a motor vehicle while under the influence of alcohol or drugs, so as to provide minimum standards for chemical tests.
Referred to the Committee on Motor Vehicles.

SB 342. By Senator Barnes of the 33rd:
A bill to amend Code Section 31-7-71 of the Official Code of Georgia Annotai,ed, relating to definitions in the "Hospital Authorities Law," so as to

MONDAY, MARCH 2, 1987

1573

include in the definition of "project" insurance of every type and description; to provide an effective date.
Referred to the Committee on Health & Ecology.

SB 343. By Senator Stanley 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 provide for the admissibility of evidence concerning correction and retraction in an action based on alleged defamatory statements in a visual or sound broadcast; to provide for the effect thereof on damages in such actions; to provide an effective date.
Referred to the Committee on Judiciary.

SB 357. By Senator Coleman of the 1st:
A bill to amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to weight of vehicles and loads, so as to provide that certain vehicles may not exceed certain weight limitations except when making a pickup or delivery on any public road of a county road system; to provide an effective date.
Referred to the Committee on Motor Vehicles.

SB 361. By Senator Dawkins of the 45th:
A bill to amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to requirements for group life insurance policies, so as to delete requirements that certain group life insurance policies may be placed in force only if a certain percentage of the eligible employees elects to make the required contributions to the premium.
Referred to the Committee on Insurance.

SB 366. By Senator Howard of the 42nd:
A bill to amend Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure of security interest in personalty, so as to change the provisions relating to authority to foreclose and executions relating thereto; to change the provisions relating to petitions for and issuance of writs of possession.
Referred to the Committee on Judiciary.

SB 368. By Senator Coleman of the 1st:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to dimensions and weights of vehicles and loads, so as to correct the Public Law reference; to authorize the department to designate and place appropriate signs upon those roads, streets, or highways on the State Highway System upon which the department determines vehicles exceeding 60 feet in length may reasonably operate; to provide an effective date.
Referred to the Committee on Transportation.

SB 371. By Senators Fincher of the 54th, Scott of the 36th and Coverdell of the 40th:

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JOURNAL OF THE HOUSE,

A bill to amend Article 6 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Private Colleges and Universities Authority Act," so as to define a new term; to authorize the authority to lend the proceeds of its revenue bonds to the Georgia Student Finance Commission or to finance the purchase of loans from the Georgia Student Finance Commission with the proceeds of its revenue bonds.
Referred to the Committee on Appropriations.

SB 373. By Senators Langford of the 35th, Kidd of the 25th and Scott of the 36th:
A bill to amend Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to inspection of criminal records and the purging, modifying, or supplementing of criminal records, so as to provide that any person arrested or indicted for a crime and subsequently released without charge, not prosecuted, or cleared of the offense through court proceedings shall be entitled to have any criminal records relative to such case purged.
Referred to the Committee on Judiciary.

SR 109. By Senator Kidd of the 25th: A resolution creating the Joint Adoption Study Committee.
Referred to the Committee on Rules.

SR 126. By Senator Howard of the 42nd:
A resolution creating the Economic Development Through Historic Preservation Joint Study Committee.
Referred to the Committee on Rules.

SR 163. By Senators Kidd of the 25th, Kennedy of the 4th and Gillis of the 20th:
A resolution providing for the designation of the Albert "Al" Holloway Labor Building.
Referred to the Committee on State Institutions & Property.

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 729. By Representative Bray of the 91st:
A bill to amend Code Section 53-5-20 of the Official Code of Georgia Annotated, relating to conveyance or encumbrance by a surviving spouse of certain property set apart under year's support, so as to provide that such conveyance or encumbrance shall be approved by the judge of the probate court of the county in which the year's support award was made.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.
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 amendment thereto:

MONDAY, MARCH 2, 1987

1575

HR 98. By Representatives Robinson of the 58th, Watson of the 114th, Hamilton of the 124th, Pettit of the 19th, Green of the 106th and others:
A resolution creating the Joint Comprehensive Energy Resources Policy Committee.

The following Senate amendment was read:

Amend HR 98 by striking from line 6 of page 2 the following: "the chairman", and inserting in its place the following: "one co-chairman".

By striking from line 9 of page 2 the following: "the vice-chairman", and inserting in its place the following: "the other co-chairman".

Representative Robinson of the 58th moved that the House disagree to the Senate amendment to HR 98.
The motion prevailed.

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

HR 166. By Representatives Martin of the 26th, Orrock of the 30th, Hamilton of the 124th, Prichard of the 8th, Richardson of the 52nd and others:
A resolution directing the Department of Human Resources to prepare a report for the General Assembly on the impact of Acquired Immune Deficiency Syndrome (AIDS), AIDS Related Complex (ARC), and Human Immunodeficiency Virus (HIV) on the State of Georgia and the state's health care delivery system and to make recommendations.

The following amendment was read and adopted:

The Committee on Health and Ecology moves to amend HR 166 by inserting between line 26 and line 27 of page 3 the following:
"Section 7. That the Speaker of the House of Representatives shall appoint three members of the House of Representatives and the President of the Senate shall appoint three members of the Senate for the purposes of advising, monitoring the progress of, and cooperating with the department and its AIDS Task Force in the preparation of the report. For each day spent in fulfilling such purposes, such members shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days."

By striking from line 27 of page 3 the following: "Section 7.",

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JOURNAL OF THE HOUSE,

and inserting in its place the following: "Section 8."

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 97, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 1035.

By Representatives McDonald of the 12th, Murphy of the 18th and Walker of the 115th:
A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions affecting the Geo. L. Smith II Georgia World Congress Center, so as to authorize the Geo. L. Smith II Georgia World Congress Center Authority by contract to exercise its corporate powers with respect to convention and trade show facilities of counties, municipalities, and local authorities.

The following substitute, offered by Representative McDonald of the 12th, was read and adopted:

A BILL
To amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions affecting the Geo. L. Smith II Georgia World Congress Center, so as to provide that the authority shall be authorized to defer an employee's compensation; to authorize the authority to use such deferred compensation to provide a tax deferred compensation plan for such employee; to provide for the administration of a deferred compensation program; to authorize the authority to contract with the State Personnel Board to administer any deferred compensation program; to provide that such deferred compensation program shall not effect a reduction of any retirement, pension, or other benefit provided by law; to authorize the authority by contract to exercise its corporate powers with respect to convention and trade show facilities of counties, municipalities, and local authorities; to authorize the authority to contract with any county, municipality, or local public authority to provide services of the authority and to exercise the powers of such political subdivision in connection with the planning, construction, erection, acquisition, maintenance, extension, improvement, equipping, operation, and management of commerce and trade center facilities of such political subdivisions; to provide for other matters relative to the foregoing; 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 10 of the Official Code of Georgia Annotated, relating to general provisions affecting the Geo. L. Smith II Georgia World Congress Center, is amended by adding at the end of Section 10-9-9, relating to officers and employees of the authority, a new subsection to be designated subsection (e), which shall read as follows:
"(e) The board of governors of the authority may contract with any employee to defer, in whole or in part, any portion of such employee's compensation under a deferred compensation plan. The authority may provide the deferred compensation itself or it may contract with the State Personnel Board, as provided in this Code section, or any company qualified to do business in this state to administer and to provide benefits under such program. All contributions to any deferred compensation plan established by

MONDAY, MARCH 2, 1987

1577

the authority shall not be included in gross income for state income and withholding tax purposes so long as such contributions are not includable in gross income for federal income tax purposes. The authority may contract with the State Personnel Board for administration of and provision of benefits under any deferred compensation plan established by the authority as part of the deferred compensation plan established and administered by the State Personnel Board under Code Section 45-18-32."
Section 2. Said article is further amended by adding at the end thereof a new Code section, to be designated Code Section 10-9-19.1, to read as follows:
"10-9-19.1. (a) As used in this Code section, the term: (1) 'Local project' means a commerce and trade center facility established for the
purpose of housing trade shows, conventions, and similar events, as well as cultural, political, athletic, musical, educational, and other events, owned or operated by any county, municipality, or local public authority for the purpose of the establishment, development, and maintenance of commerce and trade.
(2) 'Political subdivision' means any county, municipal corporation, or local public authority which is authorized by law to own or operate a local project for the purposes of the establishment, development, and maintenance of commerce and trade, (b) The authority is authorized, by contract, to provide goods and services to any political subdivision in connection with the acquisition, construction, operation, management, and maintenance of local projects and each political subdivision is authorized to contract with the authority to obtain the services of the authority in connection with the acquisition, construction, operation, management, and maintenance of such local project. Incident to any such contract, the authority may, to the extent authorized by such contract, exercise on behalf of the contracting political subdivision such responsibility in connection with the acquisition, construction, operation, management, and maintenance of the local project as is now or may hereafter be vested in such contracting political subdivision, and the contracting political subdivision is authorized by such contract to delegate to the authority all or any part of its responsibilities and powers with respect to such local project. Any contract between the authority and a contracting political subdivision may contain other matters necessary or convenient to the purposes of the parties under such contract. Any such contract shall provide that the contracting political subdivision shall pay or reimburse to the authority all costs, liabilities, or expenses of the authority, directly or indirectly incurred by the authority incident to the authority's performance of the contract. Such contract shall contain such other terms as the authority and the contracting political subdivision may determine appropriate."
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 Y Adams.G Y Adams.M
Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M

Y Beck Y Benefield
Benn
Birdsong Bishop Y Bostick Y Branch Y Bray Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Carrell

Y Carter Chambless Chance
Y Cheeks Y Chiiders
Childs Y Clark.B
Clark.L Y Colbert
Coleman Y Colwell
Connell Y Cooper Y Couch

Y Cox Y Crawford
Crosby
Y Cummings Y Davis.G N Davis.M
Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster

Y Galer Y Godbee Y Goodwin
Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris
Hasty Y Hays

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JOURNAL OF THE HOUSE,

Y Heard Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson
Isakson Y Jackson,J Y Jackson.W Y Jamieson
Johnson,D Y Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawler Y Lawrence Y Lawson YLee

Y binder
YLong
YLord
Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey Y McKinney Y Milam Y Milford
Y Mobley Y Moody Y Moore Y Morion Y Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett

Y Pannell Y Parham Y Parrish
Y Patten Y Peters Y Pettit
Phillips Y Pinkston Y Pittman Y Porter Y Powell
Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
YRay Reaves Redding
Y Richardson Y Ricketson

Y Robinson.C
Y Robinson.P
Y Royal Y Selman
Y Shepard Y Sherrod Y Simpson
Sinkfleld Sizemore Y Smith.L Y Smilh.P Y Smilh.T Y Smilh.W Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Thomas.M Y Thompson

Y Thurmond
Townsend Y Triplett Y Twiggs Y Waddle
Y Waldrep Y Walker.C Y Walker.L Y Wall YWare Y Watson Y Watts Y White Y Wilder
Williams,B Williams,,) 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.

HB 1036.

By Representatives McDonald of the 12th, Murphy of the 18th and Walker of the 115th:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to confirm and provide that the Department of Community Affairs shall have the authority to make grants to counties and municipalities, or combinations thereof, for projects and purposes to the extent and for purposes set forth in appropriations to the department.

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

Y Aaron Y Adams.G Y Adams.M N Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M
YBeck Y Benefield
YBenn
Y Birdsong Bishop
Y Bostick
Y Branch YBray Y Brooks
Y Brown YBuck Y Buford YByrd Y Carrell

Y Carter Chambless Chance
Y Cheeks Y Childers
Childs Y Clark.B Y Clark.L Y Colbert
Coleman Y Colwell
Connell Cooper Y Couch YCox Y Crawford Crosby Y Cummings Y Davis.G N Davis.M Y Dixon Y Dobbs Y Dover Dunn Y Edwards N Felton Floyd Y Foster

Y Galer
Y Godbee N Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty
YHays Heard
Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson N Isakson Y Jackson,J Y Jackson.W
Jamieson Johnson.D Y Johnson.R Y Kilgore

Y Kingston Y Lane.D Y Lane.R
Y Langford Y Lawler N Lawrence Y Lawson YLee N Linder YLong YLord
Lucas Y Lupton Y Mangum
Y Martin
Y McDonald Y McKelvey
Y McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore
N Morion Y Mostiler Y Moultrie N Mueller Y Oliver

Y Orrock
Y Padgell Y Pannell Y Parham Y Parrish Y Palten Y Peters Y Pellil
Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T N Ramsey.V
Randall Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman

MONDAY, MARCH 2, 1987

1579

Y Shepard
Y Sherrod Y Simpson
Sinkfield Y Sizemore Y Smith.L Y Smith,? Y Smith.T

Y Smith,W
Smyre Y Snow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C

Thomas.M
Y Thompson Y Thurmond
Townsend Y Triplett Y Twiggs N Waddle Y Waldrep

Y Walker.C
Y Walker.L Y Wall
Ware Y Watson Y Watts Y White
Wilder

Williams.B
Williams,J Wilson Y Wood Workman Y Yeargin Y Young Murphy.Spkr

On the passage of the Bill, the ayes were 139, nays 11. The Bill, having received the requisite constitutional majority, was passed.

HB 172. By Representatives Lawler of the 20th, Cooper of the 20th, Thompson of the 20th and Wilson of the 20th:
A bill to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to prohibit the attachment of stickers, decals, or similar devices containing profane words or describing sexual acts or excretory functions.

The following Committee substitute was read:

A BILL
To amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to prohibit the attachment of stickers, decals, or similar devices containing profane or lewd words or describing sexual acts, excretory functions, or parts of the human body; 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 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, is amended by adding a new Code Section 40-1-4 to read as follows:
"40-1-4. No person owning, operating, or using a motor vehicle in this state shall knowingly affix or attach to any part of such motor vehicle any sticker, decal, emblem, or other device containing profane or lewd words describing sexual acts, excretory functions, or parts of the human body. Any person who violates any part of this Code section shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $100.00."
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 moves to amend the Committee substitute to HB 172 by inserting a new sentence after "$100.00" to read as follows:
"the affixation of any sticker, decal, emblem or other device described herein shall constitute prima facie evidence that this code section has been violated."

The following amendment was read and lost:

Representatives Snow of the 1st and White of the 132nd move to amend the Committee substitute to HB 172 as follows:
By striking "$100.00" on line 22 and inserting "$50.00".

1580

JOURNAL OF THE HOUSE,

Representative White of the 132nd moved that the House reconsider its action in failing to adopt the Snow-White amendment.
On the motion, the roll call was ordered and the vote was as follows:

Aaron N Adams.G N Adams.M N Aiken N Alford Y Alien N Athon N Atkins
Bailey N Balkcom N Bannister N Bargeron N Barnett,B N Barnett.M NBeck N Benefield N Benn N Birdsong Y Bishop N Bostick N Branch NBray Y Brooks Y Brown NBuck N Buford NByrd N Carrell
N Carter Chambless
Y Chance Y Cheeks ' N Childers Y Childs Y Clark.B N Clark.L

N Colbert N Coleman N Colwell
Connell
N Cooper N Couch
Cox N Crawford
Y Crosby Y Cummings N Davis.G N Davis.M
Dixon N Dobbs Y Dover
Dunn N Edwards Y Felton Y Floyd Y Foster N Galer
God bee N Goodwin Y Green N Greene Y Greer N Gresham N Griffin N Groover Y Hamilton N Manner N Harris N Hasty NHays N Heard N Hensley

N Herbert N Holcomb Y Holmes Y Hooka
N Hudson N Isakson N Jackson,J
N Jackson.W Y Jamieson
Johnson,D N Johnson.R N Kilgore N Kingston N Lane.D N Lane.R N Langford N Lawler N Lawrence
N Lawson NLee Y Linder N Long NLord
Lucas N Lupton N Mangum N Martin N McDonald N McKelvey Y McKinney N Milam N Milford N Mobley N Moody Y Moore Y Morton

Moatiler N Moultrie N Mueller
N Oliver Y Orrock Y Padgett N Pannell Y Parham
Y Parrish Y Patten N Peters Y Pettit N Phillips
Pinks ton N Pittman Y Porter N Powell N Prichard N Rainey N Ramsey.T Y Ramsey.V Y Randall N Ransom NRay N Reaves Y Redding N Richardson N Ricketson N Robinson.C N Robinson.P N Royal N Selman N Shepard N Sherrod Y Simpson
Sinkfield

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

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

Representative Groover of the 99th moved that the House reconsider its action in adopting the Johnson amendment.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien N Athon Y Atkins N Bailey Y Balkcom N Bannister N Bargeron N Barnett.B N Barnett.M
Beck N Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch YBray

Y Brooks Y Brown YBuck
Y Buford YByrd N Carrell N Carter
Chambless Y Chance Y Cheeks N Childers Y Childs Y Clark.B N Clark,L Y Colbert Y Coleman N Colwell
Connell
N Cooper Y Couch
Cox N Crawford

Y Crosby Y Cummings
Davis.G
N Davis,M Dixon
N Dobbs N Dover
Dunn N Edwards Y Felton Y Floyd
Y Foster Y Galer YGodbee N Goodwin
Green N Greene Y Greer N Gresham N Griffin Y Groover N Hamilton

N Hanner N Harris
Y Hasty NHays N Heard Y Hensley Y Herbert N Holcomb Y Holmes
Y Hooks Y Hudson Y Isakson
Y Jackson,J N Jackson.W Y Jamieson Y Johnson,D N Johnson.R N Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford

Y Lawler Y Lawrence Y Lawson
NLee Y Linder YLong
NLord Lucas
N Lupton N Mangum Y Martin Y McDonald
N McKelvey Y McKinney Y Milam N Milford
Y Mobley Y Moody N Moore N Morton N Mostiler Y Moultrie

MONDAY, MARCH 2, 1987

N Mueller N Oliver Y Orrock Y Padgett N Pannell N Parham N Parrish Y Patten Y Peters N Pettit Y Phillips
Pinkston N Pittman Y Porter

N Powell
N Prichard Y Rainey N Ramsey.T N Ramsey.V Y Randall N Ransom YRay N Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P

Y Royal Y Selman N Shepard N Sherrod Y Simpson Y Sinkfield N Sizemore
Y Smith.L N Smith.P N Smith.T Y Smith.W
Smyre YSnow N Stancil

Y Stanley Y Steinberg Y Stephens Y Thomas.C
Thomas.M
N Thompson N Thurmond N Townsend
Y Triplett N Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L

On the motion, the ayes were 95, nays 67. The motion prevailed.

1581
N Wall Y Ware N Watson N Watts Y White N Wilder Y Williams.B
Williams,,! Wilson Y Wood Y Workman Yeargin Y Young Murphy,Spkr

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

Aaron N Adams.G N Adams,M Y Aiken N Alford
Alien N Athon N Atkins Y Bailey N Balkcom N Bannister N Bargeron Y Barnelt.B N Barnett.M NBeck Y Benefield
Benn N Birdsong N Bishop N Bostick N Branch NBray N Brooks N Brown NBuck N Buford YByrd N Carrell Y Carter
Chambless N Chance N Cheeks Y Childers N Childs N Clark,B Y Clark.L

Colbert N Coleman Y Colwell
Connell
Y Cooper N Couch NCox Y Crawford N Crosby Y Cummings N Davis.G Y Davis.M
Dixon Y Dobbs Y Dover
Dunn Y Edwards N Felton N Floyd N Foster N Galer
Godbee N Goodwin N Green N Greene N Greer N Gresham N Griffin N Groover N Hamilton Y Hanner N Harris N Hasty YHays Y Heard N Hensley

N Herbert
Y Holcomb Holmes Hooks
N Hudson N Isakson N Jackson,J Y Jackson.W N Jamieson
Johnson.D Y Johnson.R
Kilgore N Kingston N Lane,D N Lane,R N Langford N Lawler N Lawrence N Lawson YLee
N Under NLong YLord
Lucas N Lupton N Mangum N Martin Y McDonald N McKelvey
N McKinney N Milam Y Milford
N Mobley Y Moody
Moore Y Morton

N Mostiler N Moultrie
Y Mueller N Oliver N Orrock N Padgett N Pannell Y Parham Y Parrish
N Patten N Peters Y Pettit N Phillips
Pinkston Y Pittman N Porter N Powell
N Prichard N Rainey
Y Ramsey.T Y Ramsey.V N Randall Y Ransom
YRay N Reaves N Redding N Richardson N Ricketson N Robinson.C N Robinson.P N Royal N Selman N Shepard Y Sherrod
N Simpson
Sinkfield

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

On the readoption of the Johnson amendment, the ayes were 46, nays 108. The Johnson amendment was lost.

The Committee substitute was adopted.

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

1582

JOURNAL OF THE HOUSE,

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford N Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch YBray N Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers N Childs N Clark,B Y Clark,L

Y Colbert Y Coleman Y Colwell
Connell Y Cooper Y Couch YCox Y Crawford
Crosby Y Cummings N Davis.G Y Davis.M
Dixon Y Dobbs N Dover
Dunn Y Edwards Y Felton Y Floyd N Foster Y Galer YGodbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover N Hamilton Y Manner Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson N Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford Y Lawler N Lawrence Y Lawson YLee N Under YLong YLord
Lucas N Lupton Y Mangum Y Martin Y McDonald Y McKelvey N McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie Y Mueller Y Oliver N Orrock Y Padgett N Pannell Y Parham Y Parrish N Patten Y Peters N Pettit Y Phillips
Pinks ton Y Pittman Y Porter Y Powell N Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson,P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith.L Y Smith,? Y Smith.T Y Smith,W
Smyre YSnow Y Stancil
Y Stanley Y Steinberg
Stephens N Thomas,C Y Thomas,M Y Thompson Y Thurmond N Townsend Y Triplett Y Twiggs
Y 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 Wilson Y Wood Y Workman Yeargin Y Young Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 146, nays 20.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Stephens of the 68th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Ware of the 77th moved that the following Bill of the House be withdrawn from the Committee on Insurance and referred to the Committee on Motor Vehicles:

HB 983. By Representatives Bannister of the 62nd and Barnett of the 59th:
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 exempt persons not domiciled in Georgia from certain provisions.
The motion prevailed.

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

HB 463. By Representative Lawler of the 20th:
A bill to amend Code Section 12-12-10 of the Official Code of Georgia Annotated, relating to license requirements under the "Georgia Asbestos Safety Act", so as to exempt certain persons licensed under Title 43 of this Code

MONDAY, MARCH 2, 1987

1583

from the license requirements and other provisions of the "Georgia Asbestos Safety Act".

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 12-12-10 of the Official Code of Georgia Annotated, relating to license requirements under the "Georgia Asbestos Safety Act," so as to exempt certain persons licensed under Title 43 of this Code from the license requirements and other provisions of the "Georgia Asbestos Safety 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. Code Section 12-12-10 of the Official Code of Georgia Annotated, relating to license requirements under the "Georgia Asbestos Safety Act," is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) Notwithstanding any other provisions of this chapter, any person who is licensed under Chapter 14 of Title 43 shall be exempt from the license requirements and other provisions of this chapter when performing asbestos removal or installation which is incidental to the performance of the business or profession for which said person is licensed and when the project involved includes less than:
(1) Ten by two continuous linear feet of material constructed of asbestos; or (2) Ten square feet of material constructed of asbestos."
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
Y Adams.G Y Adams.M Y Aiken YAlford Y Alien
Athon Y Atkins
Y Bailey Y Balkcom Y Bannister Y Bargeron
Y Barnett,B YBarnett,M YBeck
Y Benefield Y Benn
Birdsong Y Bishop
Y Bostick Y Branch
Bray
Y Brooks Y Brown YBuck Y Buford Y Byrd Y Carrell Y Carter

Y Chambless
Chance Y Cheeks Y Childers YChilds Y Clark.B Y Clark,L Y Colbert
Y Coleman Colwell Connell
Y Cooper
Y Couch Cox
YCrawford
Crosby Y Cummings
Y Davis.G YDavis,M
Dixon Y Dobbs
Dover
Dunn Y Edwards YFelton Y Floyd Y Foster
Galer Y Godbee

Y Goodwin
Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover
Hamilton
Hanner Y Harris Y Hasty Y Hays
Y Heard Y Hensley Y Herbert
Y Holcomb Y Holmes
Hooks Y Hudson
Y Isakson Y Jackson,J Y Jackson, W
Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane,R

Y Langford
Y Lawler Y Lawrence Y Lawson Y Lee Y Linder Y Long Y Lord
Lucas Lupton Y Mangum Y Martin
McDonald Y McKelvey Y McKinney
Y Milam Y Milford
Y Mobley Y Moody
Y Moore Y Morton Y Mostiler
Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett Y Pannell Y Parham

Y Parrish
Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman Y Porter
Y Powell Y Prichard Y Rainey Y Ramsey.T
Y Ramsey.V Y Randall Y Ransom
Y Ray Reaves
Y Redding Y Richardson
Ricketson Y Robinson.C Y Robinson.P
Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore

1584

JOURNAL OF THE HOUSE,

Y Smith.L Y Smith,? Y Smith.T Y Smith,W Y Smyre YSnow Y Stancil

Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond

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

Williams,J Wilson Y Wood Workman Y Yeargin Y 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 461. By Representatives Kilgore of the 42nd and Harris of the 84th:
A bill to amend Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to the minimum salaries of tax collectors and tax commissioners, so as to change the minimum salaries of tax collectors and tax commissioners.

The following Committee substitute was read and withdrawn:

A BILL

To amend Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to the minimum salaries of tax collectors and tax commissioners, so as to change the minimum salaries of tax collectors and tax commissioners; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 48-5-183 of the Official Code of Georgia Annotated, relating

to the minimum salaries of tax collectors and tax commissioners, is amended by striking

in its entirety subsection (b), which reads as follows:

"(b) (1) Any other law to the contrary notwithstanding, the minimum annual salary

of each tax collector and tax commissioner who is compensated by an annual salary

shall be fixed according to the population of the county in which he serves, as deter-

mined by the United States decennial census of 1980 or any future such census.

Except as otherwise provided in paragraph (2) of this subsection, each such officer

shall receive an annual salary, payable in equal monthly installments from the funds

of his county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 - 5,999

$ 12,025.00

6,000 - 11,999

15,025.00

12,000 - 19,999

16,940.00

20,000 - 29,999

18,040.00

30,000 - 39,999

19,540.00

40,000 - 49,999

21,790.00

50,000 - 99,999

25,555.00

100,000 - 199,999

29,305.00

200,000 - 299,999

31,460.00

300,000 and up

38,500.00

(2) Any other law to the contrary notwithstanding, the minimum annual salary of

each tax collector and tax commissioner who is compensated by an annual salary shall

be fixed according to the population of the county in which he serves, as determined

by the United States decennial census of 1980 or any future such census. Effective

January 1, 1986, each such officer shall receive an annual salary, payable in equal

monthly installments from the funds of his county, of not less than the amount fixed

in the following schedule:

MONDAY, MARCH 2, 1987

1585

Population

Minimum Salary

0 - 5,999

$ 13,228.00

6,000 - 11,999

16,528.00

12,000 - 19,999

18,634.00

20,000 - 29,999

19,844.00

30,000 - 39,999

21,494.00

40,000 - 49,999

23,969.00

50,000 - 99,999

28,111.00

100,000 - 199,999

32,236.00

200,000 - 295,000

36,606.00

295,001 and up

42,350.00",

and inserting in lieu thereof a new subsection (b) to read as follows:

"(b) (1) Any other law to the contrary notwithstanding, the minimum annual salary

of each tax collector and tax commissioner who is compensated by an annual salary

shall be fixed according to the population of the county in which he serves, as deter-

mined by the United States decennial census of 1980 or any future such census.

Except as otherwise provided in paragraphs (2) and (3) of this subsection, each such

officer shall receive an annual salary, payable in equal monthly installments from the

funds of his county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 - 5,999

$ 13,228.00

6,000 - 11,999

16,528.00

12,000 - 19,999

18,634.00

20,000 - 29,999

19,844.00

30,000 - 39,999

21,494.00

40,000 - 49,999

23,969.00

50,000 - 99,999

28,111.00

100,000 - 199,999

32,236.00

200,000 - 295,000

36,606.00

295,001 and up

42,350.00

(2) Any other law to the contrary notwithstanding, the minimum annual salary of

each tax collector and tax commissioner who is compensated by an annual salary shall

be fixed according to the population of the county in which he serves, as determined

by the United States decennial census of 1980 or any future such census. Effective

January 1, 1988, each such officer shall receive an annual salary, payable in equal

monthly installments from the funds of his county, of not less than the amount fixed

in the following schedule:

Population

Minimum Salary

0 - 5,999

$ 14,551.00

6,000 - 11,999

18,181.00

12,000 - 19,999

20,497.00

20,000 - 29,999

21,828.00

30,000 - 39,999

23,643.00

40,000 - 49,999

26,366.00

50,000 - 64,999

30,922.00

65,000 - 99,999

33,191.00

100,000 - 199,999

35,460.00

200,000 - 295,000

40,267.00

295,001 and up

46,585.00

(3) Any other law to the contrary notwithstanding, the minimum annual salary of

each tax collector and tax commissioner who is compensated by an annual salary shall

be fixed according to the population of the county in which he serves, as determined

by the United States decennial census of 1980 or any future such census. Effective

January 1, 1989, each such officer shall receive an annual salary, payable in equal

monthly installments from the funds of his county, of not less than the amount fixed

in the following schedule:

Population

Minimum Salary

0 - 5,999

$ 16,006.00

1586

JOURNAL OF THE HOUSE,

6,000 - 11,999 12,000 - 19,999 20,000 - 29,999 30,000 - 39,999 40,000 - 49,999 50,000 - 64,999 65,000 - 99,999 100,000 - 199,999 200,000 - 295,000 295,001 and up

19,999.00 22,547.00 24,011.00 26,007.00 29,003.00 34,014.00 36,510.00 39,006.00 44,294.00 51,244.00"

Section 2. This Act shall become effective January 1, 1988.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Kilgore of the 42nd, was read and adopted:

A BILL

To amend Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to the minimum salaries of tax collectors and tax commissioners, so as to change the minimum salaries of tax collectors and tax commissioners; to provide an effective date; to
repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 48-5-183 of the Official Code of Georgia Annotated, relating

to the minimum salaries of tax collectors and tax commissioners, is amended by striking

in its entirety subsection (b), which reads as follows:

"(b) (1) Any other law to the contrary notwithstanding, the minimum annual salary

of each tax collector and tax commissioner who is compensated by an annual salary

shall be fixed according to the population of the county in which he serves, as deter-

mined by the United States decennial census of 1980 or any future such census.

Except as otherwise provided in paragraph (2) of this subsection, each such officer

shall receive an annual salary, payable in equal monthly installments from the funds

of his county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 - 5,999

$ 12,025.00

6,000 - 11,999

15,025.00

12,000 - 19,999

16,940.00

20,000 - 29,999

18,040.00

30,000 - 39,999

19,540.00

40,000 - 49,999

21,790.00

50,000 - 99,999

25,555.00

100,000 - 199,999

29,305.00

200,000 - 299,999

31,460.00

300,000 and up

38,500.00

(2) Any other law to the contrary notwithstanding, the minimum annual salary of

each tax collector and tax commissioner who is compensated by an annual salary shall

be fixed according to the population of the county in which he serves, as determined

by the United States decennial census of 1980 or any future such census. Effective

January 1, 1986, each such officer shall receive an annual salary, payable in equal

monthly installments from the funds of his county, of not less than the amount fixed

in the following schedule:

Population

Minimum Salary

0 - 5,999

$ 13,228.00

6,000 - 11,999

16,528.00

MONDAY, MARCH 2, 1987

1587

12,000 - 19,999

18,634.00

20,000 - 29,999

19,844.00

30,000 - 39,999

21,494.00

40,000 - 49,999

23,969.00

50,000 - 99,999

28,111.00

100,000 - 199,999

32,236.00

200,000 - 295,000

36,606.00

295,001 and up

42,350.00",

and inserting in lieu thereof a new subsection (b) to read as follows:

"(b) Any other law to the contrary notwithstanding, the minimum annual salary of

each tax collector and tax commissioner who is compensated by an annual salary shall

be fixed according to the population of the county in which he serves, as determined

by the United States decennial census of 1980 or any future such census. Each such offi-

cer shall receive an annual salary, payable in equal monthly installments from the funds

of his county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 - 5,999

$ 14,022.00

6,000 - 11,999

17,520.00

12,000 - 19,999

19,752.00

20,000 - 29,999

21,035.00

30,000 - 39,999

22,784.00

40,000 - 49,999

25,407.00

50,000 - 99,999

29,798.00

100,000 - 199,999

34,170.00

200,000 - 295,000

38,802.00

295,001 and up

44,891.00"

Section 2. This Act shall become effective January 1, 1988.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Adams.G Y Adams,M N Aiken
Alford Y Alien
Athon N Atkins N Bailey N Balkcom N Bannister N Bargeron Y Barnett,B Y Barnett,M Y Beck N Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Bray
Brooks Y Brown N Buck Y Buford Y Byrd N Carrell

Y Carter Chambless
Y Chance Y Cheeks Y Childers Y Childs
Y Clark.B Clark.L
N Colbert Y Coleman Y Colwell
Connell Cooper Y Couch Cox Y Crawford Crosby Y Cummings Y Davis.G Y Davis.M Dixon N Dobbs Y Dover Y Dunn Y Edwards N Felton Y Floyd Y Foster

Y Galer Y Godbee N Goodwin Y Green Y Greene Y Greer
Gresham Y Griffin N Groover N Hamilton N Manner Y Harris Y Hasty Y Hays N Heard Y Hensley N Herbert N Holcomb N Holmes Y Hooks N Hudson N Isakson N Jackson,J Y Jackson.W Y Jamieson Y Johnson.D N Johnson.R Y Kilgore

N Kingston Y Lane,D Y Lane.R Y Langford Y Lawler N Lawrence
Y Lawson N Lee N Linder Y Long Y Lord
Lucas N Lupton N Mangum Y Martin N McDonald N McKelvey N McKinney
Milam Y Milford Y Mobley
Moody Moore N Morton N Mostiler Y Moultrie N Mueller Y Oliver

N Orrock Y Padgett N Pannell Y Parham Y Parrish Y Patten
N Peters Y Pettit Y Phillips N Pinkston N Pittman Y Porter N Powell Y Prichard N Rainey Y Ramsey.T Y Ramsey.V N Randall N Ransom Y Ray Y Reaves Y Redding N Richardson Y Ricketson Y Robinson.C N Robinson,?
Royal N Selman

1588

JOURNAL OF THE HOUSE,

Y Shepard N Sherrod Y Simpson Y Sinkfield N Sizemore Y Smith.L N Smith,? Y Smith.T

Y Smith.W Smyre
YSnow N Stancil
Y Stanley N Steinberg Y Stephens Y Thomas,C

Y Thomas.M Y Thompson
Thurmond N Townsend N Triplett Y Twiggs N Waddle Y Waldrep

Walker.C Y Walker.L N Wall
Ware Y Watson Y Watts
White N Wilder

Y Williams.B
Williams,J Wilson NWood
N Workman Y Yeargin N Young
Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 94, nays 61.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Johnson of the 72nd gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 461.

The Speaker Pro Tern ruled that the proper time was the present.

Representative Johnson of the 72nd moved that the House reconsider its action in giving the requisite constitutional majority to HB 461, by substitute.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron N Adams,G Y Adams.M Y Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey Y Balkcom Y Bannister N Bargeron N Barnett.B Y Barnett.M NBeck Y Benefield
Benn N Birdsong
N Bishop N Bostick Y Branch
Bray Brooks N Brown YBuck N Buford NByrd Y Carrell Y Carter Y Chambless Y Chance N Cheeks Y Childers N Childs N Clark.B Clark,L

Y Colbert Y Coleman Y Colwell
Connell Y Cooper Y Couch
Cox
N Crawford Crosby
Y Cummings Y Davis,G Y Davis.M
Y Dixon Y Dobbs N Dover N Dunn Y Edwards N Felton Y Floyd
Foster N Galer Y Godbee N Goodwin N Green N Greene
Greer Gresham Y Griffin Y Groover Y Hamilton Y Manner N Harris N Hasty YHays Y Heard N Hensley

Y Herbert Y Holcomb
Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson, W
Y Jamieson Y Johnson.D Y Johnson.R N Kilgore N Kingston Y Lane.D Y Lane.R Y Langford
Lawler Y Lawrence N Lawson YLee Y Linder NLong N Lord
Lucas Y Lupton Y Mangum N Martin Y McDonald Y McKelvey Y McKinney Y Milam
Milford
Y Mobley Y Moody N Moore Y Morton

On the motion, the ayes were 101, nays 56. The motion prevailed.

The Speaker assumed the Chair.

Y Mostiler N Moultrie
Y Mueller N Oliver Y Orrock
N Padgett Y Pannell Y Parham N Parrish N Patten Y Peters N Pettit N Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard
Y Rainey N Ramsey.T N Ramsey.V Y Randall Y Ransom N Ray Y Reaves N Redding Y Richardson N Ricketson Y Robinson.C Y Robinson.P
Royal Y Selman N Shepard Y Sherrod N Simpson Y Sinkfield

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

MONDAY, MARCH 2, 1987

1589

HB 905. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act", so as to provide for certificates of authorization for proprietary schools in lieu of certificates of approval.

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

Y Aaron Y Adams.G Y Adams.M Y Aiken
Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch YBray
Brooks Y Brown YBuck Y Buford YByrd Y Carrell 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 Couch YCox Y Crawford Y Crosby Y Cummings Y Davis,G Y Davis.M Y Dixon
Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover
Y Hamilton Y Hanner Y Harris Y Hasty
Hays Y Heard
Henstey

Y Herbert Y Holcomb
Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson,R Y Kilgore
Y Kingston Y Lane.D Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey Y McKinney Y Milam Y Milford Y Mobley Y Moody
Moore Y Morton

Y Mostiler Moultrie
Y Mueller
Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman
Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T
Ramsey.V Y Randall Y Ransom
YRay Y Reaves
Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard
Sherrod Y Simpson Y Sinkfield

Y Sizemore
Y Smith.L Y Smith,? Y Smith.T Y Smith,W Y Smyre YSnow Y Stancil Y Stanley
Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams.B
Williams.J Wilson Y Wood Y Workman Y Yeargin Y Young Murphy,Spkr

On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Pursuant to the provisions of the first Rules Calendar, the following Bill of the House, currently under consideration by the House and Senate Conferees, was taken up for the purpose of informal discussion of the draft proposal and eventual recommendations to the Conferees:
HB 87. By Representatives Crosby of the 150th, Murphy of the 18th, Sizemore of the 136th, Lane of the lllth, Bishop of the 94th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code", so as to extensively revise provisions relating to Georgia income tax; to revise provisions relating to Georgia estate tax; to define the terms "Internal Revenue Code", "Internal Revenue Code of 1954", and "Internal Revenue Code of 1986" and to thereby incorporate provisions of federal law into Georgia law.

1590

JOURNAL OF 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 859. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in laws relating to public utilities and public transportation, so as to include in the definition of private carrier those motor vehicles engaged in the harvesting or transportation of forest products.

The following amendment was read and adopted:

The Committee on Motor Vehicles moves to amend HB 859 by striking the word and semicolon "Commission;" on line 16 of page 2 in its entirety and substituting in lieu thereof the following:
"Commission. Those provisions of the motor carrier vehicle safety rules of the Public Service Commission, however, which regulate and apply to drivers of vehicles engaged in the transportation of unmanufactured forest products shall become effective January lj 1990, with the exception of provisions requiring physical examinations of such drivers which shall become effective July 1^ 1987;'."
By striking line 11 on page 3 in its entirety and substituting in lieu thereof the following:
"meaning of the term 'private carrier.' Those provisions of the motor carrier vehicle safety rules of the Public Service Commission applicable to private carriers, however, which regulate and apply to drivers of vehicles engaged in the transportation of unmanufactured forest products shall become effective January 1^ 1990, with the exception of provisions requiring physical examinations of such drivers which shall become effective July 1, 1987; or".

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

Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister
Bargeron Y Barnett,B Y Bamett.M YBeck Y Benefield YBenn
Birdaong Y Bishop
Y Bostick N Branch YBray Y Brooks Y Brown YBuck

Y Buford NByrd Y Carrell N Carter
Chambless
Y Chance Y Cheeks Y Childers
Y Childs Clark.B Clark.L
Y Colbert N Coleman N Colwell
Connell Y Cooper Y Couch
Coi N Crawford N Crosby N Cummings Y Davis,G Y Davis,M N Dixon YDobbs

Y Dover Y Dunn
Edwards Felton
Y Floyd N Foster
Galer Y Godbee Y Goodwin N Green N Greene
Greer Y Gresham Y Griffin
Groover Y Hamilton N Hanner N Harris Y Hasty N Hays
Y Heard Y Hensley Y Herbert Y Holcomb Y Holmes

Hooks Y Hudson
Isakson Y Jackson,J
Y Jackson.W N Jamieson Y Johnson,D Y Johnson,R
Kilgore Kingston Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder YLong NLord Lucas Lupton Y Mangum Y Martin N McDonald

Y McKelvey Y McKinney Y Milam N Milford
Y Mobley N Moody N Moore Y Morton Y Mostiler Y Moultrie Y Mueller N Oliver Y Orrock Y Padgett Y Pannell
Par ham Parrish Y Patten Y Peters Y Pettit Y Phillips Pinkston Y Pittman Porter Y Powell

MONDAY, MARCH 2, 1987

1591

Y Prichard Y Rainey Y Ramsey.T YRamsey.V
Randall Y Ransom
Ray Y Reaves
Redding Y Richardson
N Ricketson

Robinson.C Y Robinson,P N Royal
Selman Y Shepard N Sherrod
Simpson Y Sinkfield
N Sizemore Smith.L
Y Smith.P

Y Smith.T Y Smith,W
Smyre Y Snow Y Stancil Y Stanley
Y Steinberg Y Stephens
Thomas.C Y Thomas,M
Y Thompson

Y Thurmond Townsend
Y Triplett N Twiggs Y Waddle N Waldrep
Y Walker.C Y Walker.L
Y Wall Ware
Y Watson

Y Watts White Wilder
Y Williams,B WiUiams,J Wilson
Y Wood Y Workman
N Yeargin Y Young
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 112, nays 29. The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Greer of the 39th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 974. By Representatives Jackson of the 83rd and Harris of the 84th:
A bill providing for a supplement to the compensation, expenses, and allowances of the judges of the Superior Court of the Augusta Judicial Circuit, so as to change the provisions relating to such 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 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 507. By Representatives Ware of the 77th, Groover of the 99th, Workman of the 51st and Colbert of the 23rd:
A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide for and authorize preferred provider arrangements.

The following Committee substitute was read:

A BILL
To amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide for and authorize preferred provider arrangements; to provide for legislative intent; to define certain terms; to provide standards for preferred provider arrangements; to require certain provisions regarding emergency care and benefit levels to be included in policies or subscriber certificates; to authorize health care insurers to place reasonable limits on the number of classes of preferred providers which satisfy the standards of such insurer under a health benefit plan; to prohibit discrimination against providers; to provide for the applicability of other statutory provisions, rules, or regulations; to provide for the promulgation of rules and regulations by the Commissioner of Insurance; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, is amended by designating Code Sections 33-30-1 through 33-30-11 as Article 1 and by adding a new Article 2 to read as follows:

1592

JOURNAL OF THE HOUSE,

"ARTICLE 2
33-30-20. This article shall be known and may be cited as the 'Preferred Provider Arrangements Act.'
33-30-21. It is the intent of the General Assembly to encourage health care cost containment while preserving quality of care by allowing health care insurers to enter into preferred provider arrangements and by establishing minimum standards for preferred provider arrangements and the health benefit plans associated with those arrangements.
33-30-22. As used in this article, the term:
(1) 'Emergency care' means covered services delivered to a covered person who has suffered an accidental bodily injury or contracted a medical condition which reasonably requires the beneficiary or insured to seek immediate medical care under circumstances or at locations which reasonably preclude the beneficiary or insured from obtaining needed medical care from a preferred provider.
(2) 'Health benefit plan' means the health insurance policy or subscriber agreement between the covered person or the policyholder and the health care insurer
which defines the covered services and benefit levels available. (3) 'Health care insurer' means an insurer authorized to sell accident and sickness
insurance policies, subscriber certificates, or other contracts of insurance by whatever
name called under this title. (4) 'Health care provider' means any person duly licensed or legally authorized to
provide health care services.
(5) 'Health care services' means services rendered or products sold by a health care provider within the scope of the provider's license or legal authorization. The term includes, but is not limited to, hospital, medical, surgical, dental, vision, and pharmaceutical services or products.
(6) 'Preferred provider' means a health care provider or group of providers who have contracted to provide specified covered services.
(7) 'Preferred provider arrangement' means a contract between or on behalf of the
health care insurer and a preferred provider which complies with all the requirements of this article.
33-30-23. (a) Notwithstanding any provisions of law to the contrary, any health care insurer may enter into preferred provider arrangements. Such arrangements shall:
(1) Establish the amount and manner of payment to the preferred provider. Such amount and manner of payment may include capitation payments for preferred pro-
vider; and (2) Include mechanisms which are designed to minimize the cost of the health
benefit plan such as the review or control of utilization of health care services or include procedures for determining whether health care services rendered are medi-
cally necessary. (b) Such arrangements shall not unfairly deny health benefits for medically necessary covered services.
33-30-24. (a) Health care insurers may issue health benefit plans which provide for incentives for covered persons to use the health care services of preferred providers. Such policies or subscriber certificates shall contain at least the following provisions:
(1) A provision that if a covered person receives emergency care for services specified in the preferred provider arrangement and cannot reasonably reach a preferred provider that emergency care rendered during the course of the emergency will be reimbursed as though the covered person had been treated by a preferred provider in
an amount based on the usual, customary, and reasonable charges in the area where treatment is provided; and
(2) A provision which clearly identifies that the actual benefit paid to a nonpreferred provider for covered health care services shall not be less than the actual benefit paid to a preferred provider for covered health care services, (b) If a health benefit plan provides for incentives to use preferred providers com-
pared to other providers, such incentives shall not unfairly deny payment for covered services and shall be no greater than necessary to provide a reasonable incentive for covered persons to use the preferred provider.

MONDAY, MARCH 2, 1987

1593

33-30-25. Health care insurers may place reasonable limits on the number or classes of preferred providers which satisfy the standards set forth by the health care insurer, provided that there be no discrimination against providers on the basis of religion, race, color, national origin, age, sex, or marital status and provided, further, that selection of preferred providers is primarily based on, but not limited to, cost and availability of covered services and the quality of services performed by the providers.
33-30-26. Health care insurers as defined in this article shall be subject to and shall be required to comply with all other applicable provisions of this title and rules and regulations promulgated pursuant to this title.
33-30-27. The Commissioner may promulgate all rules and regulations necessary to the enforcement and administration of this article."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Workman of the 51st and Ware of the 77th move to amend the Committee substitute to HB 507 by striking lines 7 through 11 of page 4 and inserting in lieu thereof the following:
"(2) A provision which clearly identifies that the actual dollar amount of benefits paid by an insurer for covered health care services rendered by a nonpreferred provider shall not be less than the actual dollar amount of benefits paid by an insurer for covered health care services rendered by a preferred provider; provided, however, that nothing in this paragraph shall be construed to limit the application of reasonable coinsurance provisions not in conflict with this paragraph or the application of reasonable deductible provisions."

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:

N Aaron
Y Adams.G N Adams.M N Aiken
Alford Y Alien N Athon
N Atkins Y Bailey Y Balkcom
Y Bannister Y Bargeron Y Barnett,B Y Barnett.M Y Beck Y Benefield Y Benn Y Birdsong
Bishop Y Bostick N Branch YBray Y Brooks Y Brown
Y Buck Y Buford N Byrd
Carrell

Y Carter
Y Chambless Y Chance N Cheeks YChilders Y Childs N Clark.B
Clark.L Y Colbert Y Coleman
Y Colwell Y Connell Y Cooper Y Couch Y Cox Y Crawford N Crosby Y Cummings Y Davis.G N Davis.M N Dixon Y Dobbs Y Dover
Dunn
Y Edwards Y Felton Y Floyd Y Foster

Y Galer
Y Godbee Y Goodwin N Green Y Greene Y Greer
Gresham
Y Griffin Y Groover N Hamilton
Hanner N Harris Y Haaty Y Hays N Heard Y Hensley Y Herbert Y Holcomb Y Holmes
Hooks N Hudson N Isakson Y Jackson,J Y Jackson.W
Y Jamieson Y Johnson,D Y Johnson.R
Kilgore

Y Kingston
Y Lane,D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson
Y Lee Y Linder Y Long
N Lord Lucas
Y Lupton N Mangum Y Martin Y McDonald Y McKelvey Y McKinney Y Milam N Milford Y Mobley N Moody N Moore
Morton
Y Mostiler Y Moultrie N Mueller N Oliver

Orrock
N Padgett Pannell
N Parham N Parrish N Patten Y Peters
Y Pettit Y Phillips Y Pinkston
Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall N Ransom Y Ray Y Reaves Y Redding Y Richardson N Ricketson
Robinson.C Y Robinson.P Y Royal Y Selman

1594

JOURNAL OF THE HOUSE,

NShepard YSherrod
YSimpson Sinkfield
N Sizemore Y Smith,L Y Smith.P YSmith,T

Y Smith,W Smyre
N Snow Y Stancil Y Stanley Y Steinberg Y Stephens YThomas.C

Y Thomas.M Y Thompson
Y Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep

Walker,C Y Walker.L
Y Wall Y Ware Y Watson N Watts Y White Y Wilder

Y Williams.B Wi hams,J
W,llsf Y Wood Y Workman Y Yeargin N YounB
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 124, nays 36.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

HOUSE RULES CALENDAR MONDAY, MARCH 2, 1987
Mr. Speaker and Members of the House:
Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 2, 1987, by adding the following:
HB 741 Jekyll Island State Park Authority: Violations of Ordinances HB 913 Child Abuse: Protocol For Cty. Agencies HB 815 Postsecondary Education Authority: Certain Exemptions HB 897 Agrirama Employees: Health Insurance HB 1010 Game & Fish: Certain Permits: Criteria For Issuance
HR 56 Persons, Allene: Compensating HR 218 Wells, Dorian Patrick Jr: Compensate HR 254 Fitzgerald, Bryan Todd: Compensate
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

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

HB 544. By Representatives Sinkfield of the 37th, Holmes of the 28th, Greer of the 39th, Couch of the 40th, Benn of the 38th and others:
A bill to amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, so as to change the provisions relating to the compensation of the members of the board.

The following Senate substitute was read:

A BILL
To amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, approved February 10, 1984 (Ga. L. 1984, p. 3591), as amended by an Act approved March 18, 1985 (Ga. L. 1985, p. 3723), so as to change the provisions relating to the compensation of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 2, 1987

1595

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the number of members and for the election of members of the Board of Education of Fulton County, approved February 10, 1984 (Ga. L. 1984, p. 3591), as amended by an Act approved March 18, 1985 (Ga. L. 1985, p. 3723), is amended by striking subsection (b) of Section 4 in its entirety and inserting in its place a new subsection (b) of Section 4 to read as follows:
"(b) The president shall be compensated in the amount of $800.00 per month, and each of the other members shall be compensated in the amount of $700.00 per month."
Section 2. This Act shall become effective on July 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 Lane of the 27th moves to amend the Senate Committee substitute to HB 544 by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. This Act shall become effective on January 1, 1989."

Representative Sinkfield of the 37th moved that the House agree to the Senate substitute, as amended by the House, to HB 544.

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:

HB 610. By Representative Crosby of the 150th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to provide a monetary penalty against any public utility company which fails to file a timely tax return.

An amendment, offered by Representative Groover of the 99th, was read and withdrawn.

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

Y Aaron Y Adams.G
Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B

Y Barnett,M Beck
Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Bray Y Brooks Y Brown
Buck Y Buford

Y Byrd Carrell
Y Carter Y Chambless Y Chance Y Cheeks
Childers Y Childs Y Clark.B Y Clark.L Y Colbert Y Coleraan Y Colwell

Y Connell Y Cooper
Y Couch Y Cox Y Crawford Y Crosby Y Cummings
Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn

Y Edwards Y Felton
Y Floyd Y Foster Y Galer Y Godbee Y Goodwin N Green Y Greene Y Greer Y Gresham Y Griffin Y Groover

1596

JOURNAL OF THE HOUSE,

Y Hamilton Hanner
Y Harris Y Hasty YHays Y Heard Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane.R
Langford

Y Lawler Y Lawrence Y Lawson
YLee Y Linder YLong YLord
Lucas Y Lupton
Y Mangum
Y Martin Y McDonald
McKelvey Y McKinney
Milam Y Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller

Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey
Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding

Y Richardson Ricketson Robinson.C
Y Robinson.P
Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M

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

On the passage of the Bill, the ayes were 160, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 611. By Representative Crosby of the 150th:
A bill to amend Code Section 48-2-18 of the Official Code of Georgia Annotated, relating to the State Board of Equalization, so as to change the time allowed for the state revenue commissioner to notify taxpayers of their proposed assessments.

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 Athon
Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron
Barnett.B Y Barnett.M YBeck
Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Bray Y Brooks Y Brown YBuck Y Buford YByrd
Carrell 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 Couch YCox Y Crawford Y Crosby Y Cummings
Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton
Y Floyd Y Foster Y Galer
Y Godbee Y Goodwin Y Green Y Greene Y Greer
Gresham Y Griffin

Y Groover
Y Hamilton Y Hanner Y Harris Y Hasty YHays
Y Heard Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson
Isakson Y Jackson, J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane.D
Y Lane.R Y Langford
Lawler Y Lawrence
Y Lawson YLee Y Linder YLong YLord
Lucas

Y Lupton Y Mangum Y Martin Y McDonald
Y McKelvey Y McKinney
Y Milam
Y Milford Y Mobley
Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman Y Porter Y Powell
Y Prichard
Y Rainey
Y Ramsey.T

Y Ramsey.V
Y Randall Y Ransom YRay Y Reaves Y Redding
Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman
Shepard
Y Sherrod
Y Simpson
Sinkfield
Y Sizemore Y Smith.L
Y Smith.P Y Smith.T
Y Smith.W
Y Smyre
YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Townsend

MONDAY, MARCH 2, 1987

1597

Y Triplett Y Twiggs Y Waddle Y Waldrep

Walker.C Y Walker.L Y Wall Y Ware

Y Watson Y Watts Y White
Wilder

Williams.B
WilliamsJ Wilson Y Wood

Workman Y Yeargin Y Young
Murphy.Spkr

On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HR 56. By Representative Mueller of the 126th: A resolution compensating Ms. Allene Persons.

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

Aaron Y Adams.G Y Adams.M
Aiken Alford Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Barnett,B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Bishop Y Bostick Y Branch YBray Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell 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 Couch YCox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs
Dover Dunn Y Edwards Y Felton
Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer
Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty Y Hays Y Heard Y Hensley

Y Herbert Y Holcomb
Holmes Y Hooks
Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson,D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie Y Mueller
Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman
Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith.L
Y Smith,? Y Smith.T
Smith.W YSmyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Wilder Y Williams.B Williams,J Wilson Y Wood Workman Y Yeargin Y Young Murphy,Spkr

On the adoption of the Resolution, the ayes were 153, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 218. By Representative Padgett of the 86th: A resolution compensating Mr. Dorian Patrick Wells, Jr..

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 218 by changing the figure "$1,886.00" on line 56 page 1 to the figure "$956.00."

1598

JOURNAL OF THE HOUSE,

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

Aaron Y Adams.G Y Adams.M
Aiken Alford Alien Y Athon
Y Atkins Y Bailey YBalkcom Y Bannister YBargeron
Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y BinUong
Bishop Y Bostick Y Branch YBray Y Brooks Y Brown YBuck Y Buford YByrd YCarreU 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 Couch YCoi Y Crawford Y Crosby Y Cuinmings Y Davis,G Y Davis,M Y Dixon YDobbs
Dover Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler YGodbee
YGoodwin Y Green Y Greene
YGreer Gresham
Y Griffin Y Groover Y Hamilton
Manner Y Harris
Y Hasty YHays Y Heard Y Hensley

Y Herbert Y Holcomb
Holmes Y Hooks
Hudson
Ylsakson Y JacksonJ Y Jackson.W Y Jamieson Y Johnson.D
Y Johnson,R Y Kilgore Y Kingston YLane.D YLane.R YLangford
Y Lawler Y Lawrence Y Lawson
YLee Y Linder YLong
YLord Lucas
Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Milam Y Milford Y Mobley Y Moody Y Moore YMorton

Y Mostiler Y Moultrie Y Mueller Y Oliver
YOrrock Y Padgett Y Pannell YParham Y Parrish
Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard YRainey Y Ramsey.T YRamsey.V YRandall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson,? Y Royal
YSelman Shepard
Y Sherrod Y Simpson Y Sinkfield

Y Sizemore
Y Smith,L Y Smith,P Y Smith,T
Smith.W YSmyre YSnow Y Stancil
Y Stanley Y Steinberg Y Stephens
Thomas,C Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker,L Y Wall YWare Y Watson Y Watts Y White Wilder Y Williams.B Williams^ Wilson Y Wood Workman Y Yeargin Y Young Murphy ,Spkr

On the adoption of the Resolution, as amended, the ayes were 153, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 254. By Representative Bannister of the 62nd: A resolution compensating Mr. Bryan Todd Fitzgerald.

The following amendment was read and adopted:
The Committee on Appropriations moves to amend HR 254 by changing the figure "$3,042.89" on line 56 page 1 to the figure "$1,309.89".
The report of the Committe, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

Aaron
Y Adams,G Y Adams.M
Aiken

Alford Alien Y Athon Y Atkins

Y Bailey Y Balkcom Y Bannister Y Bargeron

Barnett.B Y Barnett.M
YBeck Y Benefield

YBenn
Y Birdsong Bishop
Y Bostick

MONDAY, MARCH 2, 1987

1599

Y Branch YBray Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell 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 Couch YCox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M Y Diion YDobbs
Dover Dunn

Y Edwards
Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin
Y Green Y Greene Y Greer
Gresham
Y Griffin Y Groover Y Hamilton
Manner Y Harris Y Hasty YHays Y Heard Y Hensley Y Herbert Y Holcomb
Holmes
Y Hooks Hudson
Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore

Y Kingston Y Lane,D Y Lane.R
Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Milam Y Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett Y Pannell Y Parham

Y Parrish Patten
Y Peters Y Pettit
Y Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T
Y Ramsey.V Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson,? Y Royal Y Selman
Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L Y Smith,P Y Smith.T

Smith.W Y Smyre YSnow
Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Thomas.M Y Thompson Y Thurmond Y Townsend
Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White
Wilder Y Williams,B
Williams,.] Wilson YWood Workman Y Yeargin Y Young Murphy.Spkr

On the adoption of the Resolution, as amended, the ayes were 153, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 897. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to authorize the State Personnel Board to contract with the Georgia Agrirama Development Authority for the inclusion in the health insurance plan of employees of the authority and their spouses and dependent children.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

The Speaker Pro Tern assumed the Chair.

HB 1010. By Representatives Jackson of the 83rd, Watts of the 41st, Barnett of the 10th, Dover of the llth, Bargeron of the 108th and others:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps concerning game and fish generally, so as to change the criteria for issuing such permits.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 94, nays 8.

1600

JOURNAL OF THE HOUSE,

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

HB 741. By Representatives Coleman of the 118th, Hanner of the 131st, Ramsey of the 3rd and Jackson of the 83rd:
A bill to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Jekyll Island State Park Authority Act", so as to provide that prosecutions for violations of ordinances of the Jekyll Island State Park Authority shall be upon citation or upon accusation.

The following Committee substitute was read and adopted:

A BILL
To amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Jekyll Island State Park Authority Act," so as to provide that upon and within the limits of Jekyll Island, the Jekyll Island State Park Authority shall have exclusive power to exercise the powers conferred by Article 3 of Chapter 13 of Title 48 in accordance with Code Section 48-13-53; to provide that prosecutions for violations of ordinances of the Jekyll Island State Park Authority shall be upon citation or upon accusation; to provide that the prosecution, trial, and punishment for violations of such ordinances shall be governed by certain provisions of Article 4 of Chapter 10 of Title 15; to provide that the several courts of Glynn County shall have jurisdiction to hear, try, and review cases involving violations of such ordinances; 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 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Jekyll Island State Park Authority Act," is amended by striking in its entirety Code Section 12-3-236.1, relating to the adoption and enforcement of ordinances and resolutions, and inserting in lieu thereof a new Code Section 12-3-236.1 to read as follows:
"12-3-236.1. (a) The Upon and within the limits of Jekyll Island, the authority shall have exclusive legislative power to exercise the powers conferred by Article 3 of Chapter 13 of Title 48 in accordance with Code Section 48-13-53. notwithstanding that said article otherwise confers such power upon counties and municipalities. The authority shall have legislative power to adopt reasonable ordinances and resolutions relating to the property, affairs, and government of Jekyll Island, including, without limitation, ordinances and resolutions adopting by reference any or all of the provisions of Chapter 6 of Title 40 in accordance with Code Section 40-6-372, for which no provision has been made by general law and which are not inconsistent with the general laws and Constitution of Georgia. Such ordinances and resolutions shall be enforced by the authority and members of the Uniform Division of the Department of Public Safety. Members of the Uniform Division of the Department of Public Safety are authorized to serve and execute warrants and to make arrests for violation of such ordinances and resolutions and shall, upon and within the limits of Jekyll Island, have the same authority, powers, and privileges regarding enforcement of law as the several sheriffs of this state, which authority, powers, and privileges shall be in addition to and not in limitation of all other powers of members of the Uniform Division of the Department of Public Safety as pro-
jurisdiction &nd flutnority to ficflf ftfid try oii ii9 S occurring upon dnd witnin trie of uCKyil isiflnd, wnich orwsnscs vioifltc t/nc oruin&nccs ftnd resolutions of tnc
*,. pypppfJ jRf\00 00 nnH pAof Q p* V\\r imnrJQntimonf fnr A tprm not j\ Airpppfl I-IQ HflVQ nr
by both such fine and imprisonment, any ef aH f auch penalties te be imposed t the

MONDAY, MARCH 2, 1987

1601

dutnority or 1116 btstc vjourt or Olynn Oounty provided m tnis t/odc section sndll o^ itt~ flddition to find not tR iimit&tioR of tne jurisdiction &nd flu11101*1ty ot trie otftte oourt ef Glynn County. Prosecutions for violations of the ordinances of the authority shall be upon citation or upon accusation as provided m Code Sections 15-10-62 and 15-10-63. The authority may provide that ordinance violations may be tried upon citations with or without a prosecuting attorney as well as upon accusations in the manner prescribed in Code Section 15-10-63.
(b) For purposes of this Code section, the Magistrate Court of Glynn County shall have jurisdiction and authority to hear and try those cases occurring within the limits of Jekyll Island in which a person is charged with violating an ordinance of the authority and to punish violations of such ordinances, all in the manner and to the extent prescribed in Article 4 of Chapter 10 of Title 15. The State Court of Glynn County shall have jurisdiction and authority to hear and try all cases removed from the Magistrate Court of Glynn County for jury trial by any defendant charged with one or more violations of the ordinances of the authority. The Superior Court of Glynn County shall have jurisdiction to review all convictions by certiorari to the superior court. The jurisdiction and authority of the courts of Glynn County provided for jn this Code section shall be in addition to and not in limitation of the jurisdiction and authority of such courts as may be now or hereafter provided."
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 ayes were 98, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 815. By Representatives Adams of the 79th and Buck of the 95th:
A bill to amend Code Section 20-3-102 of the Official Code of Georgia Annotated, relating to exemptions from the "Postsecondary Educational Authorization Act of 1978", so as to change the provisions relating to the exemption for fully accredited liberal arts colleges and universities.

The following Committee substitute was read and adopted:

A BILL
To amend Article 3 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Postsecondary Educational Authorization Act of 1978," so as to change the provisions relating to definitions, exemptions, annual reports, standards for institutions and agents, prohibited acts, and authorizations to operate; to change the provisions relating to the jurisdiction of courts; 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. Article 3 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Postsecondary Educational Authorization Act of 1978," is amended by striking Code Section 20-3-101, relating to definitions, in its entirety and substituting in lieu thereof a new Code Section 20-3-101 to read as follows:
"20-3-101. As used in this article, the term:

1602

JOURNAL OF THE HOUSE,

(1) 'Agent' means any person owning any interest in, employed by, or representing for remuneration a postsecondary educational institution within or outside this state who, by solicitation in any form made in this state, enrolls or seeks to enroll a resident of this state for education offered by such institution, or who offers to award educational credentials, for remuneration, on behalf of any such institution, or who holds himself out to residents of this state as representing a postsecondary educational institution for any such purpose.
(2) 'Agent's permit' means a nontransferable written authorization issued to a natural person by the state board which allows that person to solicit or enroll any resident of this state for education in a postsecondary educational institution.
(3) 'Authorization to operate,' or like term, means approval of the state board to operate or to contract to operate a postsecondary educational institution in this state or to conduct postsecondary degree activities.
(4) 'Education' or 'educational services,' or like term, means, but is not limited to, any class, course, or program of training, instruction, or study.
(5) 'Educational credentials' means degrees, transcripts, reports, documents or letters of designation, marks, appellations, series of letters, numbers, or words which signify, purport, or are generally taken to signify enrollment, attendance, progress, or satisfactory completion of the requirements or prerequisites for education at a postsecondary educational institution.
(6) 'Entity' means, but is not limited to, any company, firm, society, association, partnership, corporation, and trust.
(7) 'Nonpublic' means a private postsecondary educational institution not established, operated, or governed by the State of Georgia, or any public or private postsecondary institution legally operating in another state or nation that conducts postsecondary degree activities in Georgia or offers postsecondary instruction leading to a postsecondary degree granted to Georgia residents from a location outside Georgia by correspondence or any telecommunications or electronic media technology.
(8) 'Postsecondary degree' means a credential conferring on the recipient thereof the title of 'Associate,' 'Bachelor,' 'Master,' or 'Doctor,' or an equivalent title, signifying educational attainment based on: (1) study, (2) a substitute for study in the form of equivalent experience or achievement testing, or (3) a combination of the foregoing, provided that, 'postsecondary degree' shall not include any honorary degree or other so-called 'unearned* degree.
(9) 'Postsecondary degree activity' means awarding a postsecondary degree or conducting or offering study, experience, or testing for an individual, or certifying prior successful completion by an individual of study, experience, or testing under the representation that the individual successfully completing the study, experience, or testing will be awarded therefor, at least in part, a postsecondary degree.
f?) (10) 'Postsecondary educational institution' means a postsecondary degreegranting private nonpublic college or university offering instruction or educational services primarily to persons who have completed or terminated their secondary education or who are beyond the age of compulsory high school attendance or any sole proprietorship, group, partnership, venture, society, company, corporation, school, or consortium of colleges and universities that engages in, purports to engage in, or intends to engage in any type of postsecondary degree activity.
{8} (11) 'State board' means the State Board of Education.
(12) 'Telecommuncations or electronic media technology' means a delivery mode which utilizes but is not limited to television, video cassette or disc, film, radio, computer, or other supportive devices which build upon the audio-video format.
{9} (13) 'To grant' means awarding, selling, conferring, bestowing, or giving.
{W) (14) 'To offer' means, in addition to its usual meanings, advertising, publicizing, soliciting, or encouraging any person, directly or indirectly, in any form, to perform the act described.
fti) (15) 'To operate' an educational institution, or like term, means to establish, keep, or maintain any facility or location in this state where, from which, or through which education is offered or given or educational credentials are offered or granted,

MONDAY, MARCH 2, 1987

1603

and includes contracting with any person, group, or entity to perform any such act and to conduct postsecondary degree activities within this state or from a location outside of this state by correspondence or by any telecommunications or electronic media technology."
Section 2. Said article is further amended by striking paragraphs (6) and (7) of Code Section 20-3-102, relating to exemptions from article, in their entirety and substituting in lieu thereof new paragraphs (6) through (10) to read as follows:
\o/ rpivflte colleges find universities ioc&teu m torei^jn countries wnicft swflru
a blanket bend requirement in the penal avutt of $60,000.00 te pay aH damages or expenses wnicn trie stftte OP ftny ^ovepnmentfll suudivision tnepeot OP dny person mfly
content to meet rcftsonsoiy ftnfj &QeQufltely the objectives TOP which trie courses, CUPPIC~ uiurn, of instruction ts onereel, ouch institutions shdll tile tne Dond witn the oecpetspy
tege or university has submitted a feend in accordance with Article 4 of Chapter 4 ef
4i--Tii-itiftli fv-iivfi]C<i) fmKfei *\fj^cour*rrgiirHin Tr^rrunjrj>nrciottanrrytr Qou/^iKmrtunil tAvs<vtf^TM_ Aa lu^unniiHu nuri>iurlcnrr tmhiias zntrrftiifuIinc asnhanilll nnruttt ThJoC
indemnify and protect any Georgia governmental subdivision or any Georgia resident ipom ftny tno ftii usms^es OP expenses wnicn tie or Qtie msy sustflin ~in tne event tne courses, curriculum, and instruction are net ef such quality and content te meet reason aWy and adequately the objectives for which the couraca, curriculum, er instruction is

country tne ssme Plants sno privileges to ft retund tof tuition expenses psio. fts* flpe pep
postsecondary educational institutions which demonstrate to the satisfaction of the state board that their purposes are solely to provide programs of study in theology, divinity, religious education, ministerial training, or training for other church related work;
(7) Fully accredited liberal arts colleges and universities Any nonpublic, nonprofit college or university whose principal office and campus are located in this state and their related graduate and professional programs, which have been in existence 20 or more years prior to July 1^ 1987, and have been recognized for more than ten 15 or more years prior to July 1^ 1987, by a national or regional accrediting agency recognized by the United States Department of Educationr j
(8) Nonpublic law schools not accredited by the American Bar Association which are subject to the regulations and standards established by the Georgia Supreme Court for such schools;
(9) Nonpublic postsecondary educational institutions conducting postsecondary degree activity on the premises of military installations located in this state which are solely for military personnel or their dependents stationed on active duty at such military installations; and
(10) Nonpublic postsecondary educational institutions which are subject to regulations and standards established by one of the professional examining boards of the office of the Secretary of State.
Section 3. Said article is further amended by striking paragraph (10) of Code Section 20-3-103, relating to powers and duties of the State Board of Education in administering article, in its entirety and substituting in lieu thereof a new paragraph (10) to read as follows:
"(10) To submit to the House University System of Georgia Committee^ to the House and Senate Education Committees, and to the Senate Higher Education Committee an annual written report summarizing the activities of the state board in regard to its responsibilities, activities, and supervision of this article."
Section 4. Said article is further amended by striking Code Section 20-3-104, relating to minimum standards for institutions, in its entirety and substituting in lieu thereof a new Code Section 20-3-104 to read as follows:

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JOURNAL OF THE HOUSE,

"20-3-104. {a} In establishing the criteria required by paragraph (1) of subsection (b) of Code Section 20-3-103, the state board shall observe and shall require compliance with the following minimum standards:
(1) A postsecondary educational institution must be maintained and operated, or, in the case of a new institution, it must demonstrate that it can be maintained and operated, in compliance with the following minimum standards:
(A) That the quality and content of each course or program of instruction, training, or study are such as may reasonably and adequately achieve the stated objective for which the course or program is offered;
(B) That the institution has adequate space, equipment, library and physical facilities, instructional materials, and personnel to provide education of good quality;
(C) That the education and experience qualifications of directors, administrators, supervisors, and instructors are such as may reasonably ensure that the students will receive education consistent with the objectives of the course or program of study;
(D) That the institution provides students and other interested persons with a catalog or brochure containing information describing the programs offered; program
objectives; length of program; schedule of tuition, fees, and all other charges and expenses necessary for completion of the course of study; cancellation and refund policies; and such other material facts concerning the institution and the program
or course of instruction as are reasonably likely to affect the decision of the student to enroll therein, together with any other disclosures specified by the state board
or defined in the rules and regulations; and that such information is provided to prospective students prior to enrollment;
(E) That upon satisfactory completion of training the student is given appropriate educational credentials by such institution, indicating that such course or courses of instruction or study have been satisfactorily completed by said student;
(F) That adequate records are maintained by the institution to show attendance, progress, or grades; and that satisfactory standards are enforced relating to attend-
ance, progress, and performance; (G) That the institution is maintained and operated in compliance with all perti-
nent ordinances and laws, including rules and regulations adopted pursuant thereto,
relative to the safety and health of all persons upon the premises; (H) That the institution is financially sound and capable of fulfilling its commit-
ments to students; (I) That neither the institution nor its agents engage in advertising, sales, collec-
tion, credit, or other practices of any type which are false, deceptive, misleading, or unfair;
(J) That the chief executive officer, trustees, directors, owners, administrators,
supervisors, staff, and instructors are of good reputation and character; (K) That the student housing owned, maintained, or approved by the insti-
tution, if any, is appropriate, safe, and adequate; and (L) That the institution has a fair and equitable cancellation and refund policy;
and
(2) An applicant for an agent's permit shall be an individual of good reputation and character and shall represent only a postsecondary educational institution or insti-
tutions which meet the minimum standards established in this Code section and the criteria established under Code Section 20-3-103.
4b) Accreditation by national or regional accrediting agencies recognized by the United States Department ef Education may fee accepted by the state beard as evidence
ef compliance with th minimum standards established tmder this Code section and the criteria te be established pursuant te paragraph W of subsection {b) ef Code Section 20-3-103, bat the state beard may require such further evidence and- make such further
investigation as its judgment may be necessary. Accreditation fey a recognized, specializGd Accrediting ft^ency rosy DC Accepted ds evidence or sucri compiiflncc only AS TO *ne
portion er program ef a institution accredited by such agency, if th institution as a whete is net accredited."

MONDAY, MARCH 2, 1987

1605

Section 5. Said article is further amended by striking Code Section 20-3-105, relating to prohibited acts, in its entirety and substituting in lieu thereof a new Code Section 20-3-105 to read as follows:
"20-3-105. (a) Except for the purpose of making the necessary preparations for the implementation of this article, no person, agent, group, or entity of whatever kind, alone or in concert with others, shall:
(1) Operate in this state a postsecondary educational institution net exempted from this article, unless such institution has a currently or conduct postsecondary activities in this state or offer postsecondary instruction leading to a postsecondary degree to Georgia residents from a location outside the state by correspondence or any telecommunications or electronic media technology unless issued a current certificate of valid authorization te operate issued pursuant te this article;
(2) Offer, as or through an agent, enrollment or instruction in, or the granting of educational credentials from, a postsecondary educational institution not exempted from this article, whether such institution is within or outside this state, unless such agent is a natural person and has a currently valid agent's permit issued pursuant to this article; or accept contracts or enrollment applications from an agent who does not have a current permit as required by this article; but the state board may promulgate rules and regulations to permit the rendering of legitimate public information services without such permit;
(3) Instruct or educate, or offer to instruct or educate, including advertising or soliciting for such purpose, enroll or offer to enroll, contract or offer to contract with any person for such purpose, or award any educational credential, or contract with any institution or party to perform any such act, in this state, whether such person, agent, group, or entity is located within or outside this state, unless such person, agent, group, or entity observes and is in compliance with the minimum standards set forth in subsection {a) ef Code Section 20-3-104, the criteria established by the state board pursuant to paragraph (1) of subsection (b) of Code Section 20-3-103, and the rules and regulations adopted by the state board pursuant to paragraph (6) of subsection (b) of Code Section 20-3-103;
(4) Use the term 'university' or 'college' without authorization to do so from the state board; or
(5) Grant, or offer to grant, educational credentials postsecondary degrees without authorization to do so from the state board? ] or
(6) Grant honorary or unearned degrees. (b) No person, firm, or institution shall sell, barter, or exchange for any consideration or attempt to sell, barter, or exchange for any consideration any postsecondary degree, diploma, or certificate. (c) No person, firm, or institution shall use, or attempt to use, in connection with any business, trade, profession, or occupation any postsecondary degree or certification of degree or degree credit including, but not limited to, a transcript of coursework, which the person, firm, or institution knows was fraudulently issued, obtained, forged, or materially altered."
Section 6. Said article is further amended by striking subsections (a) and (g) of Code Section 20-3-106, relating to authorization to operate institutions, in their entirety and substituting in lieu thereof new subsections (a) and (g), respectively, to read as follows:
"(a) Each postsecondary educational institution desiring to operate or conduct postsecondary degree activities in this state shall make application to the state board, upon forms to be provided by the state board. Such application shall be accompanied by a catalog or brochure published, or proposed to be published, by the institution, containing the information specified in subparagraph (a)(l)(D) of Code Section 20-3-104, including information required by rules and regulations of the state board. Such application shall also be accompanied by evidence of a surety bond as required by Code Section 20-3-108 and payment of the fees specified in Code Section 20-3-109.
(g) An institution not yet in operation when its application for authorization to operate is filed may not begin operation or conduct any postsecondary degree activities until

1606

JOURNAL OF THE HOUSE,

receipt of authorization. An institution in operation when its application for authorization to operate is filed may continue operation until its application is acted upon by the state board, and thereupon its authority to operate shall be governed by the action of the state board. In any event, the state board may issue provisional authorization to operate, containing such limitations as to time, procedures, functions, or other conditions as the state board may deem necessary."
Section 7. Said article is further amended by striking Code Section 20-3-117, relating to the jurisdiction of courts, in its entirety and substituting in lieu thereof a new Code Section 20-3-117 to read as follows:
"20-3-117. Any postsecondary educational institution not exempt from this article, whether or not a resident of or having a place of business in this state, which conducts postsecondary degree activities or which instructs or educates or offers to instruct or educate, enrolls or offers to enroll, or contracts or offers to contract to provide instructional or educational services in this state, whether such instruction or services are provided in person or by correspondence or by telecommunications or electronic media technology, to a resident of this state or which offers to award or awards any educational credentials to a resident of this state submits such institution and, if a natural person, his personal representative to the jurisdiction of the courts of this state concerning any cause of action arising therefrom and for the purpose of enforcement of this article by injunction pursuant to Code Section 20-3-116. Service of process upon any such institution subject to the jurisdiction of the courts of this state may be made by personally serving the summons upon the defendant within or outside this state, in the manner prescribed by Chapter 11 of Title 9, the 'Georgia Civil Practice Act,' with the same force and effect as if the summons had been personally served within this state. Nothing contained in this Code section shall limit or affect the right to serve any process as prescribed by Chapter 11 of Title 9."
Section 8. This Act shall become effective on July 1, 1988, except that this Act shall be effective on July 1, 1987, for the administrative purpose of enabling the State Board of Education to prepare for the implementation of the provisions of this Act on July 1, 1988.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Adams.G Y Adams.M
Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom
Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield YBenn
Bird&ong Bishop Y Bostick Y Branch
YBray Y Brooks

Y Brown YBuck Y Buford
YByrd Y Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers
Childs Y Clark.B
Clark.L Y Colbert Y Coleman Y Colwell
Connell Y Cooper
Couch YCox
Y Crawford Crosby
Y Cummings

Y Davis.G Davis,M
Y Dixon
Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd
Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer
Gresham Y Griffin Y Groover Y Hamilton
Hanner
Harris Y Hasty

YHays Y Heard Y Hensley
Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson,R
Kilgore Y Kingston
Lane.D Y Lane,R Y Langford Y Lawler Y Lawrence Y Lawson YLee

Y Linder YLong YLord
Lucas
Y Lupton Mangum
Y Martin Y McDonald Y McKelvey
McKinney YMilam
Milford Y Mobley Y Moody Y Moore Y Morton
Mostiler Y Moultrie Y Mueller Y Oliver
Orrock Y Padgett Y Pannell

MONDAY, MARCH 2, 1987

1607

YParham Y Parrish
Patten Peters Y Pettit Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard Rainey Y Ramsey.T

Y Ramsey.V Y Randall Y Ransom
Ray Reaves Y Redding Y Richardson Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard

Y Sherrod Y Simpson Y Sinkfield
Sizemore Y Smith,L Y Smith.P
Smith.T Y Smith.W YSmyre YSnow
Stancil Y Stanley
Stein berg

Y Stephens Y Thomas.C Y Thomas,M Y Thompson
Y Thurmond Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep
Walker.C Y Walker.L YWall

YWare
Y Watson Y Watts Y White
Wilder Y Williams,B
Williams.J Wilson Y Wood 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.

HB 913. By Representatives Thompson of the 20th and Walker of the 115th:
A bill to amend Chapter 1 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions affecting domestic relations, so as to provide for a child abuse protocol among county agencies and offices.

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

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett.B Y Bamett,M YBeck Y Benefield YBenn
Birdsong Bishop Y Bostick Y Branch YBray Y Brooks Y Brown YBuck Y Buford YByrd
Y Carrell 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 Couch
YCox Y Crawford
Crosby Y Cummings Y Davis,G Y Davis.M Y Dixon
Dobbs Dover Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard Y Hensley

Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson
Y JacksonJ Y Jackson.W Y Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Lupton Y Mangum Y Martin Y McDonald Y McKelvey McKinney Milam Y Milford Y Mobley Y Moody Moore Y Morton

Mostiler
Y Moultrie Y Mueller Y Oliver
Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
YRay Reaves
Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

On the passage of the Bill, the ayes were 150, nays 0. The Bill, having received the requisite constitutional majority, was

Y Sizemore Y Smith,L
Y Smith,P Y Smith.T Y Smith.W Y Smyre YSnow
Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas,M Y Thompson Y Thurmond
Townsend Y Triplett
Twiggs Y Waddle Y Waldrep
Walker.C Y Walker,L YWall
Ware Y Watson
Y Watts Y White
Wilder Y Williams,B
Williams.J
Wilson YWood
Workman
Y Yeargin Y Young
Murphy,Spkr

1608

JOURNAL OF THE HOUSE,

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

HOUSE RULES CALENDAR MONDAY, MARCH 2, 1987
Mr. Speaker and Members of the House:
Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 2, 1987, by adding the following:
HB 461 Tax Commissioners/Collectors: Minimum Salaries
Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

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

HB 461. By Representatives Kilgore of the 42nd and Harris of the 84th:
A bill to amend Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to the minimum salaries of tax collectors and tax commissioners, so as to change the minimum salaries of tax collectors and tax commissioners.

The Committee substitute was again read and withdrawn.

The substitute, offered by Representative Kilgore of the 42nd, was again read and adopted.

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

Y Aaron Y Adams.G Y Adams.M N Aiken N Alford Y Alien N Athon N Atkins N Bailey N Balkcom N Bannister N Bargeron Y Barnett.B N Barnett.M YBeck N Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks Y Brown

NBuck Y Buford
YByrd Carrell
Y Carter Chambless
Y Chance Y Cheeks N Childers
Y Childs Y Clark.B
Clark.L N Colbert
Coleman Y Colwell
Connell Y Cooper
Couch Cox Y Crawford
Crosby Y Cummings Y Davis,G N Davis.M

Y Dixon N Dobbs Y Dover
Dunn
Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee N Goodwin Y Green
Greene Y Greer N Gresham Y Griffin N Groover N Hamilton
Hanner Y Harris Y Hasty YHays N Heard Y Hensley

N Herbert N Holcomb N Holmes Y Hooks Y Hudson
Isakson
N Jackson,J Y Jackson, W Y Jamieson Y JohnsonJD N Johnson,R Y Kilgore N Kingston N Lane.D Y Lane.R Y Langford Y Lawler N Lawrence
Lawson NLee N Linder YLong YLord
Lucas

Lupton N Mangum
Y Martin N McDonald N McKelvey Y McKinney
Milam Milford Y Mobley Y Moody Y Moore N Morton Mostiler Y Moultrie N Mueller Y Oliver Orrock Y Padgett Y Pannell Y Parham Y Parrish Patten N Peters
Y Pettit

MONDAY, MARCH 2, 1987

1609

Y Phillips Y Pinkston N Pittman Y Porter Y Powell Y Prichard N Rainey Y Ramsey.T Y Ramsey.V Y Randall N Ransom Y Ray

Reaves Redding N Richardson N Ricketson Robinson.C N Robinson.P Y Royal N Selman Y Shepard N Sherrod Y Simpson Y Sinkfield

N Sizemore Y Smith.L N Smith.P Y Smith.T Y Smith,W N Smyre Y Snow N Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C

Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker,C Y Walker.L N Wall N Ware

Y Watson Y Watts Y White N Wilder Y Williams.B
Williams,J Wilson N Wood Workman Y Yeargin Y Young Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 99, nays 52.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, all general House Bills and Resolutions passed today were ordered immediately transmitted to the Senate.

The following communication from the Honorable Max Cleland, Secretary of State, was received:

Secretary of State 214 State Capitol
Atlanta 30334
February 27, 1987
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 1987 Regular Session the week of February 23, 1987, as of 3:00 p.m. this date. The list is numbered 701 through 714.
With best wishes, I am
Most sincerely, /s/ Max Cleland
MC:jk Attachments:
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 701 through 714, who have registered in the Docket of Legislative Appearance as of February 27, 1987, 3:00 p.m., in accordance with Georgia Laws 1970, p. 695 as the same appears on file and record in this office.

1610

JOURNAL OF THE HOUSE,

(SEAL)

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 27th day of February, in the year of our Lord One Thousand Nine Hundred and Eighty-seven and of the Independence of the United States of America the Two Hundred and Eleventh.
/s/ Max Cleland Secretary of State

701. Sharon Louise Teague SELF Post Office Box 488 Red Oak, Georgia 30272
702. Sharon A. Hunt Georgia Society of Association Executives Suite 200 2786 North Decatur Road Decatur, Georgia 30033
703. Daniel T. Jackson Sanity Inc. Conn & Wolfe 7 Piedmont Center Atlanta, Georgia 30305
704. Mike Stephen Raynor Southern Bell 200 Swanton Way Decatur, Georgia 30130
705. Earle V. Becker Texaco Inc. 59 Executive Park South Atlanta, Georgia 30329
706. Fred C. Handy, III Texaco Inc. 59 Executive Park South Atlanta, Georgia 30329
707. John Sheldon Breed Texaco Inc. Post Office Box 60252 New Orleans, LA 70160

708. John Owen Ambler Texaco Inc. 1111 Rusk Houston, TX 77002
709. Michael A. Bald Texaco Inc. 59 Executive Park South Atlanta, Georgia 30329
710. Daniel B. Rickett Texaco Inc. 59 Executive Park South Atlanta, Georgia 30329
. 711. Robert W. Cole Texaco Inc. Post Office Box 4582 Atlanta, Georgia 30302
712. Keyna Dyar Cory Southern Lobbying Services Post Office Box 550069 Atlanta, Georgia 30344-2569
713. S. Marie Matthews Georgia Association American Institute of Architects 1197 Peachtree Street, N.W. Atlanta, Georgia 30361
714. Lasa Y. Joiner REGISTERED AGENT Georgia Library Association Georgia Society of Respirator therapists Georgia Psychiatric Assn. Hemophilia of Georgia

Representative Walker of the 115th 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, MARCH 3, 1987

1611

Representative Hall, Atlanta, Georgia Tuesday, March 3, 1987

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 C. E. Moore, Pastor, Reid Chapel A.M.E. Church, Sumter, South Carolina.
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 introduced, read the first time and referred to the committees:
HB 1114. By Representatives Dover of the llth, Kilgore of the 42nd, Sherrod of the 143rd, Waddle of the 113th, Twiggs of the 4th and others: A bill to amend Code Section 40-3-4 of the Official Code of Georgia Annotated, relating to vehicles for which a certificate of title need not be obtained, so as to provide that a certificate of title shall not be required for a mobile home which is 15 or more model years old.
Referred to the Committee on Ways & Means.
HB 1115. By Representative Benefield of the 72nd: A bill to amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for special purposes, so as to authorize coal pipeline companies to exercise the power of eminent domain.
Referred to the Committee on Judiciary.

1612

JOURNAL OF THE HOUSE,

HB 1116. By Representative Childers of the 15th:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards to persons and property generally, so as to provide for fire safety inspection warrants.
Referred to the Committee on Industry.

HB 1117. By Representatives Childs of the 53rd, Isakson of the 21st, Martin of the 26th, Thomas of the 31st and Yeargin of the 14th:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing, so as to create the Georgia Nonprofit Housing Corporation.
Referred to the Committee on Judiciary.

HB 1119. By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th:
A bill to amend an Act creating a charter for the City of Ball Ground, in Cherokee County, so as to expand the corporate limits.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1123. By Representative Richardson of the 52nd:
A bill to amend Code Section 51-1-18 of the Official Code of Georgia Annotated, relating to the tort of furnishing alcoholic beverages to minors, so as to provide that either parent has a right of action against persons who sell or furnish alcoholic beverages to certain minors.
Referred to the Committee on Judiciary.

HB 1124. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A bill to amend an Act abolishing the offices of tax receiver and tax collector of Floyd County and creating in their place the office of tax commissioner of Floyd County, so as to authorize the Board of Commissioners of Floyd County to supplement the compensation of that tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1125. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A bill to amend an Act establishing the compensation and allowances for the clerk of the Superior Court of Floyd County and the judge of the Probate Court of Floyd County, so as to authorize the Board of Commissioners of Floyd County to supplement the compensation of such officers.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1126. By Representative Dixon of the 151st:
A bill to amend an Act providing and establishing a new charter for the City of Waycross, so as to provide for the office of mayor.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, MARCH 3, 1987

1613

HB 1127. By Representatives Snow of the 1st and Hays of the 1st:
A bill to amend an Act creating the State Court of Walker County, so as to provide for a secretary for the judge of the court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1128. By Representatives Brown of the 88th, Cheeks of the 89th, Padgett of the 86th, Connell of the 87th and Walker of the 85th:
A bill to amend an Act regulating public instruction in Richmond County, so as to change the compensation of the members and officers of the Board of Education of Richmond County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1129. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to provide for a $10,000.00 homestead exemption from all City of Sky Valley ad valorem taxes for residents of that city; to provide for a referendum.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 369. By Representatives Ware of the 77th, Lee of the 72nd, Buck of the 95th, Groover of the 99th and Wood of the 9th:
A resolution creating the State Housing Activities Study Committee.
Referred to the Committee on Rules.

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

HB 1090 HB 1091 HB 1092 HB 1093 HB 1094 HB 1095 HB 1096 HB 1097 HB 1098 HB 1099 HB 1100 HB 1101 HB 1102 HB 1103 HB 1104 HB 1105 HB 1106 HB 1107 HB 1108 HB 1109 HB 1110 HB 1111 HB 1112 HB 1113 HB 1118 HB 1120

HB 1121 HB 1122 HR 367 HR 368 SB 68 SB 89 SB 90 SB 136 SB 169 SB 209 SB 218 SB 266 SB 285 SB 300 SB 317 SB 342 SB 343 SB 357 SB 361 SB 366 SB 368 SB 371 SB 373 SR 109 SR 126 SR 163

1614

JOURNAL OF THE HOUSE,

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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 206 Do Pass, by Substitute
Respectfully submitted, /s/ Reaves of the 147th
Chairman

Representative Pinkston of the 100th District, Chairman of the Committee on Banks & Banking, submitted the following report:

Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 216 Do Pass, as Amended
Respectfully submitted, /s/ Pinkston of the 100th
Chairman

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

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

SB 187 Do Pass SB 188 Do Pass

SB 312 Do I SB 264 Do Pass, as Amended

Respectfully submitted, /s/ Thomas of the 69th
Chairman

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

Mr. Speaker:

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

HR 282 Do Pass HR 339 Do Pass, by Substitute

HR 349 Do Pass HR 350 Do Pass

TUESDAY, MARCH 3, 1987

1615

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

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

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations:
SR 120 Do Pass SR 157 Do Pass SR 163 Do Pass
Respectfully submitted, /s/ Colwell of the 4th
Chairman

Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs 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 263 Do Pass SB 282 Do Pass, as Amended SR 99 Do Pass
Respectfully submitted, /s/ Adams of the 36th
Chairman

Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to
report the same back to the House with the following recommendations:

HB 1045 Do Pass, as Amended HB 1050 Do Pass HB 1063 Do Pass HB 1077 Do Pass HB 1078 Do Pass HB 1080 Do Pass HB 1081 Do Pass HB 1082 Do Pass HB 1083 Do Pass

HB 1084 Do Pass HB 1085 Do Pass HB 1086 Do Pass HB 1087 Do Pass HB 1088 Do Pass SB 314 Do Pass SB 369 Do Pass HB 349 Do Pass

Respectfully submitted, /s/ Adams of the 36th
Chairman

1616

JOURNAL OF THE HOUSE,

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

HOUSE RULES CALENDAR TUESDAY, MARCH 3, 1987
Mr. Speaker and Members of the House:
The House Committee on Rules has set the calendar for this thirty-fourth Legislative Day as enumerated below:
HR 292 House Motor Truck Safety Study Committee: Create HR 306 Paraprofessional Teacher Asst./Ed. Sec.: Create Committee
SB 24 Mentally 111, Alcoholic/Drug Dependency: Outpatient Treatment SB 25 Public Buildings: Art Program SB 142 Probationer: Certain Over-Payment: Non-Refundable SB 151 Litter Control: Penalty SB 177 Gasoline Marketing: Retail Sales: Prohibitions SB 191 Rural Economic Development Law: Enact SB 199 Magistrate Courts: Jurisdiction SB 203 Criminal Code: Offense Of Battery: Penalty SB 230 Crimes & Offenses: Effect Of Repeal/Amendment To Law SB 267 Board of Regents: Laboratory/Research Facilities: Auth. Lease SB 268 Transactions With State Agencies: Lab/Research Facilities
SR 12 C. W. Bradley Bridge: Designation
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, M 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 349. By Representative Porter of the 119th:
A bill to amend an Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, 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 667. By Representatives Alford of the 57th, Richardson of the 52nd, Childs of the 53rd, Williams of the 54th, Redding of the 50th and others:
A bill to repeal specifically an Act creating the DeKalb County Airport Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 1.

TUESDAY, MARCH 3, 1987

1617

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

Representative Lawrence of the 49th stated that he wished to be recorded as voting "nay" on HB 667.

Representative Morton of the 47th stated that he had been called from the floor of the House during the preceding vote. He wished to be recorded as voting "nay" thereon.

HB 1045. By Representative Mobley of the 64th:
A bill to amend an Act re-creating and establishing a Board of Commissioners of Barrow County, so as to change the composition of the board.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 1045 by adding on line 31 of page 3 and line 17 of page 4, after the following:
"right-of-way",
the following:
"(extended)".

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 1050. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to create the Conyers-Rockdale-Big Haynes Impoundment 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 1063.

By Representatives White of the 132nd, Young of the 134th, Chambless of the 133rd and Balkcom of the 140th:
A bill to amend an Act creating the Dougherty County School System, so as to provide for the election of the Dougherty County Board of Education.

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

1618

JOURNAL OF THE HOUSE,

HB 1077.

By Representative Crosby of the 150th:
A bill to amend an Act providing for reapportionment of the board of education of Clinch County, so as to correct an error relating to the election of successors to the initial member of the board of education of Clinch County from Education District No. 2.

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

HB 1078. By Representatives Redding of the 50th, Richardson of the 52nd, Workman of the 51st, Childs of the 53rd, Clark of the 55th 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.

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

HB 1080. By Representatives Colwell of the 4th and Twiggs of the 4th: A bill to create the Ellijay-Gilmer 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 1081. By Representative Heard of the 43rd:
A bill to amend an Act creating a new charter for the City of Tyrone, so as to change the term of the mayor pro tern; to change provisions relating to filling vacancies in the offices of mayor and councilmen.

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

HB 1082. 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.

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

TUESDAY, MARCH 3, 1987

1619

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

HB 1083.

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 change the compensation of the deputy clerk of said court; to change the compensation of the judge and solicitor of said court.

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

HB 1084.

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 to change the composition of and the manner of selection of the members of the board of education of Clayton County, so as to change the compensation of the chairman or president 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 1085.

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 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 1086.

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

1620

JOURNAL OF THE HOUSE,

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

HB 1087. 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.

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

HB 1088. 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 known as the "Clayton County Civil Service System Act", so as to change the provisions relating to the compensation of the members of the civil service board.

The report of the Committee, which was favorable to the passage of the Bill, was 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 314. By Senator Engram of the 34th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Fayette 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 369. By Senator Engram of the 34th:
A bill to create the Fayette County Water Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, the State of Georgia, and its political subdivisions and instrumentalities thereof.

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

TUESDAY, MARCH 3, 1987

1621

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 380. By Senator Edge of the 28th:
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 Pike County to require that returns for ad valorem taxation in the county be made to the county board of tax assessors; to provide the authority for this Act.

SB 381. By Senators Brannon of the 51st and Fincher of the 54th:
A bill to amend an Act changing the compensation of the coroner of Whitfield County so as to change the compensation of the coroner; to provide for the appointment of deputy coroners by the coroner and their compensation for death investigations; to provide an effective date.

SB 382. By Senator Barnes of the 33rd:
A bill to amend an Act providing a new charter for the City of Powder Springs, as amended, so as to change the corporate limits of the city.

HB 363. By Representatives Padgett of the 86th, Brown of the 88th, Cheeks of the 89th, Connell of the 87th and Ransom of the 90th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment permitting the General Assembly to authorize local taxing jurisdictions in Richmond County to grant discounts for early payment of ad valorem taxes.

HB 828. By Representative Mobley of the 64th:
A bill to amend an Act creating a new charter for the City of Winder, so as to provide for the corporate powers of that city and the designation of the governing body thereof.

HB 869. By Representative Peters of the 2nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing a Board of Tax Administrators for Catoosa County and providing for their qualifications, terms, authority, duties, and compensation.

HB 888. By Representative Chance of the 129th:
A bill to reconstitute the board of education of the Effingham County School District; to provide for the qualifications, election, terms of office, and compensation and service of members of the board.

HB 902. By Representative Ramsey of the 3rd:

1622

JOURNAL OF THE HOUSE,

A bill to reincorporate the Town of Eton in the County of Murray as the City of Eton and create therefor a new charter.

HB 903. By Representative Smith of the 78th:
A bill to provide for the election of the members of the Butts County Board of Education.

HB 906. By Representatives Dixon of the 151st and Smith of the 152nd:
A bill to amend an Act creating a Board of Commissioners for Camden County, so as to provide for legislative intent; to provide for the election of board members from districts by residents of such districts.

HB 907. By Representatives Dixon of the 151st and Smith of the 152nd:
A bill to provide for the Board of Education of Camden County; to provide for the election of board members from districts by residents of such districts.

HB 930. By Representative Peters of the 2nd:
A bill to amend an Act providing for the fiscal administration of the office of the sheriff of Catoosa County, so as to provide for the compensation of the sheriff.

HB 938. By Representatives Byrd of the 153rd and Moody of the 153rd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the election of the members of the board of education of Wayne County by the people.

HB 939. By Representatives Byrd of the 153rd and Moody of the 153rd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for a County Administrator of Wayne County.

HB 940. By Representatives Byrd of the 153rd and Moody of the 153rd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the "Wayne County Industrial Development Authority".

HB 941. By Representatives Buck of the 95th, Moultrie of the 93rd, Bishop of the 94th, Galer of the 97th and Smyre of the 92nd:
A bill to amend an Act establishing the salary of the judge of the Probate Court of Muscogee County, so as to change the salary of the judge of the Probate Court of Muscogee County.

HB 955. By Representative Smith of the 152nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing Bacon County to levy a tax not exceeding one mill on all of the taxable property in the county for the purpose of promoting and encouraging the location of new industries in Bacon County.

TUESDAY, MARCH 3,1987

1623

HB 956. By Representative Smith of the 152nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Bacon Industrial Building Authority.

HB 973. 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 increases the homestead exemption for tax purposes of certain property owned by certain residents of Monroe County.

HB 991. By Representatives Mostiler of the 75th and Herbert of the 76th:
A bill to amend an Act establishing the State Court of Spalding County, formerly known as the City Court of Griffin, so as to change the provisions relating to the judge and solicitor.

HB 994. By Representative Adams of the 79th:
A bill to amend an Act providing for the election of members of the Board of Education of Upson County, so as to temporarily add an additional member to the board.

HB 166. By Representatives Aiken of the 21st, Isakson of the 21st, Atkins of the 21st, Thompson of the 20th, Johnson of the 72nd and others:
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.

HB 344. By Representative Birdsong of the 104th:
A bill to amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to membership of county boards of health, so as to change provisions relating to membership of health care professionals on county boards of health in certain counties.

HB 416. By Representatives Holmes of the 28th, Lucas of the 102nd, Hanner of the 131st, Cooper of the 20th and Davis of the 29th:
A bill 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 redefine retired peace officers to include certain law enforcement officers who have retired from service with the United States government.

HB 244. By Representatives Martin of the 26th and Coleman of the 118th:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to the regulation of controlled substances, so as to provide for the utilization of certain money, property, or proceeds therefrom seized or forfeited pursuant to federal law and transferred to law enforcement agencies of the state and political subdivisions thereof.

1624

JOURNAL OF THE HOUSE,

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

HR 146. By Representatives Wilson of the 20th, Murphy of the 18th, Thompson of the 20th, Lawler of the 20th, Cooper of the 20th and others:
A resolution designating the A. L. "Al" Burruss Correctional Training Center.

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

HB 187. By Representatives Bray of the 91st, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, as enacted by an Act approved April 3, 1986 (Ga. L. 1986, p. 957), relating to ethics in government, so as to correct typographical, stylistic, and other errors and omissions in Chapter 5 of Title 21.

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

SB 284. By Senators Langford of the 35th, Scott of the 36th and Newbill of the 56th:
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; to provide for a short title; to provide for the purposes of the said districts; to provide for definitions; to provide for boards to administer said districts; to provide for appointment of members of said boards.

The Senate has disagreed to the House amendment to the Senate substitute to the following Bill of the House:

HB 544. By Representatives Sinkfield of the 37th, Holmes of the 28th, Greer of the 39th, Couch of the 40th, Benn of the 38th and others:
A bill to amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, so as to change the provisions relating to the compensation of the members of the board.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 43. By Representatives Steinberg of the 46th, Lee of the 72nd, Walker of the 115th, Smyre of the 92nd, Robinson of the 58th and others:
A bill to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving invasion of privacy, so as to provide that it shall be a criminal offense to use or allow use of certain automatic telephone dialing and announcing equipment for purposes of soliciting sales and certain other commercial purposes.

The President has appointed on the part of the Senate the following:

TUESDAY, MARCH 3, 1987

1625

Senators Kidd of the 25th, Hudgins of the 15th and Olmstead of the 26th.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Resolution of the House:

HR 98. By Representatives Robinson of the 58th, Watson of the 114th, Hamilton of the 124th, Pettit of the 19th, Green of the 106th and others:
A resolution creating the Joint Comprehensive Energy Resources Policy Committee.

The President has appointed on the part of the Senate the following: Senators Scott of the 2nd, Dean of the 31st and Kidd of the 25th.

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

SB 380. By Senator Edge of the 28th:
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 Pike County to require that returns for ad valorem taxation in the county be made to the county board of tax assessors; to provide the authority for this Act.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 381. By Senators Brannon of the 51st and Fincher of the 54th:
A bill to amend an Act changing the compensation of the coroner of Whitfield County so as to change the compensation of the coroner; to provide for the appointment of deputy coroners by the coroner and their compensation for death investigations; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 382. By Senator Barnes of the 33rd:
A bill to amend an Act providing a new charter for the City of Powder Springs, as amended, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

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 substituting the same:

HB 43. By Representatives Steinberg of the 46th, Lee of the 72nd, Walker of the 115th, Smyre of the 92nd, Robinson of the 58th and others:
A bill to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving invasion of privacy, so as to provide that it shall be a criminal offense to use or allow use of certain automatic telephone dialing and announcing equipment for purposes of soliciting sales and certain other commercial purposes.

1626

JOURNAL OF THE HOUSE,

Representative Steinberg of the 46th moved that the House insist on its position in disagreeing to the Senate substitute to HB 43 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 Pro Tem appointed as a Committee of Conference on the part of the House the following members:
Representatives Lee of the 72nd, Robinson of the 58th and Steinberg of the 46th.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 349. By Representative Murphy of the 18th:
A resolution recognizing and commending Georgia recipients of the Medal of Honor.

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

SB 151. By Senators Starr of the 44th and Crumbley of the 17th:
A bill to amend Code Section 16-7-43 of the Official Code of Georgia Annotated, relating to the prohibition against littering and penalties therefor, so as to change the provisions relating to penalties.

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

Y Aaron Y Adams.G Y Adams.M Y Aiken
Alford Y Alien Y Athon
Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Bamett,B Y Barnett,M YBeck Y Benefleld
Benn Y Birdsong Y Bishop Y Bostick Y Branch YBray
Brooks Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless

Y Chance Cheeks
Y Childers Y Childs
Clark.B
Y Clark.L Y Colbert Y Coleman Y Cohvell
Connelt Y Cooper Y Couch YCox Y Crawford Y Crosby
Cummings Davis.G Y Davis.M Y Dixon
Y Dobbs Y Dover
Dunn Y Edwards
Felton Y Floyd
Y Foster Y Galer YGodbee Y Goodwin
Green

Y Greene Y Greer
Gresham Y Griffin
Y Groover Y Hamilton
Hanner Y Harris Y Hasty YHays Y Heard Y Hensley Y Herbert Y Holcomb Y Holmes
Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore
Kingston Y Lane.D Y Lane.R Y Langford
Lawler Y Lawrence

Y Lawson
YLee Y Linder YLong YLord
Y Lucas Y Lupton Y Mangum
Martin Y McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley Y Moody N Moore
Morton Mostiler
Y Moultrie Y Mueller Y Oliver
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit

Phillips Y Pinkston Y Pittman
Y Porter Y Powell
Prichard
Y Rainey Y Ramsey.T Y Ramsey.V
Y Randall Y Ransom
YRay Y Reaves
Redding Richardson Y Ricketson Y Robinson.C Y Robinson,P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Smith.T Y Smith.W Y Smyre

TUESDAY, MARCH 3, 1987

1627

Y Snow Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C

Y Thomas.M Thompson
Y Thurmond 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
Williams.J

Wilson Wood Y Workman
Y Yeargin Young Murphy.Spkr

On the passage of the Bill, the ayes were 143, nays 1. The Bill, having received the requisite constitutional majority, was passed.

SR 12. By Senator Fincher of the 54th: A resolution designating the C. W. Bradley 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 follows:

Y Aaron Y Adams.G Y Adams.M
Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnetl.B Y Barnett,M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter
Chambless
Y Chance Cheeks
Y Childers Childs Clark,B
Y Clark,L

Y Colbert Y Coleman Y Colwell
Connell Y Cooper Y Couch
YCox Y Crawford Y Crosby
Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards
Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer
Gresham Y Griffin Y Groover
Y Hamilton Manner
Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert Y Holcomb Y Holmes
Hooks Y Hudson
YIsakson Y Jackson,J Y Jackson, W
Y Jamieson Y Johnson,D Y Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam Y Milford
Y Mobley Moody
N Moore Morton

Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Peters Y Pettit
Phillips Y Pinkston Y Pittman Y Porter Y Powell
Prichard Rainey Y Ramsey.T Ramsey.V YRandall Y Ransom YRay Y Reaves Redding Richardson Y Ricketson Y Robinson.C Y Robinson,? Y Royal Selman Y Shepard Y Sherrod Y Simpson Sinkfield

Y Sizemore Y Smith.L Y Smith,? Y Smith.T
Smith.W
Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas.M
Thompson Y Thurmond 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
Williams.J Wilson Wood Y Workman Y Yeargin Young Murphy,Spkr

On the adoption of the Resolution, the ayes were 138, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

SB 142. By Senators Garner of the 30th and Brannon of the 51st:
A bill to amend Article 2 of Chapter 3 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to provide that any over-payment of fines, restitutions, or other moneys owed as a condition of probation shall not be refunded to the probationer if the amount of such over-payment is less than $5.00.

1628

JOURNAL OF THE HOUSE,

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

Y Aaron Y Adams.G Y Adams.M
Aiken Y Alford Y Alien
Athon Atkins Y Bailey Y Balkcom Y Bannister Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield Benn
Y Birdsong Y Bishop Y Bostick
Branch
Bray Y Brooks
Brown YBuck
Buford YByrd
Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers
Childs Clark.B Clark.L

Y Colbert Coleman
Y Colwell Connell
Y Cooper Y Couch YCox Y Crawford
Crosby Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer
YGodbee Y Goodwin
Green Y Greene
Greer Gresham Y Griffin Y Groover Y Hamilton Manner Y Harris
Y Hasty Hays
Y Heard Y Hensley

Y Herbert
Y Holcomb Y Holmes
Hooks Hudson Isakson Y Jackson.J Y Jackson.W Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston
Y Lane.D Y Lane.R
Langford Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord Lucas Lupton Mangum Y Martin Y McDonald Y McKelvey McKinney
Y Milam Milford
Y Mobley Moody
Y Moore Morton

Mostiler Y Moultrie Y Mueller Y Oliver
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters
Pettit Phillips Pinkston Y Pittman Porter Y Powell Prichard
Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom YRay Y Reaves
Redding Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Selman Y Shepard Y Sherrod Y Simpson Sinkfleld

Y Sizemore
Smith.L Y Sraith.P Y Smith.T
Smith.W Y Smyre
Snow Stancil Y Stanley Steinberg Y Stephens Thomas.C Thomas.M Y Thompson Y Thurmond 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 Williams.J Wilson Wood Y Workman Y Yeargin Young Murphy,Spkr

On the passage of the Bill, the ayes were 116, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Snow of the 1st and Hays of the 1st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as
voting "aye" thereon.

The following Resolution of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HR 98. By Representatives Robinson of the 58th, Watson of the 114th, Hamilton of the 124th, Pettit of the 19th, Green of the 106th and others:
A resolution creating the Joint Comprehensive Energy Resources Policy Committee.

Representative Robinson of the 58th moved that the House insist on its position in disagreeing to the Senate amendment to HR 98 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.

TUESDAY, MARCH 3, 1987

1629

The Speaker Pro Tern appointed as a Committee of Conference on the part of the House the following members:
Representatives Robinson of the 58th, Watson of the 114th and Pettit of the 19th.

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 267. By Senators Broun of the 46th, Coleman of the 1st and Kennedy of the 4th:
A bill to amend Code Section 20-3-60 of the Official Code of Georgia Annotated, relating to when the properties of the University System of Georgia may be sold, leased, or disposed of, so as to provide that the Board of Regents of the University System of Georgia is authorized to lease laboratory and research facilities owned by the board to private businesses, companies, and corporations during times when the laboratory and research facilities are not in use.

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

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefleld
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers Y Childs
Clark.B Y Clark.L

Y Colbert Y Coleman
Y Colwell Connell
Y Cooper Y Couch
Cox
Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover YDunn Y Edwards Y Felton Y Floyd
Foster Y Galer
Y Godbee Y Goodwin Y Green
Greene Y Greer Y Greaham Y Griffin Y Groover Y Hamilton
Manner Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert Y Holcomb
Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley
Moody Y Moore
Morton

Mostiler Y Moultrie
Y Mueller Y Oliver Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Peters Y Pettit
Phillips Y Pinkston
Pittman Y Porter Y Powell
Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P
Y Royal Selman
Y Shepard Y Sherrod
Simpson Y Sinkfield

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

On the passage of the Bill, the ayes were 149, nays 0. The Bill, having received the requisite constitutional majority, was

SB 268. By Senators Broun of the 46th, Coleman of the 1st and Kennedy of the 4th:

1630

JOURNAL OF THE HOUSE,

A bill to amend Code Section 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to prohibitions on transactions with state agencies, so as to provide an exception for transactions involving a lease for the purpose of small business and economic development of laboratory and research facilities owned by the Board of Regents of the University System of Georgia during times when the laboratory and research facilities are not
in use.

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

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B
Y Barnett,M YBeck
Y Benefield Benn
Y Birdsong Bishop
Y Bostick Y Branch YBray Y Brooks
Brown
Buck Y Buford YByrd Y Carrell
Y Carter Chambless
Y Chance Y Cheeks Y Childers
Y Childs Clark,B Clark.L

Y Colbert Y Coleman Y Cohvell
Connell Y Cooper Y Couch YCoa Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon YDobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer
Y God bee Y Goodwin
Green Y Greene Y Greer
Gresham
Y Griffin Y Groover Y Hamilton
Manner Y Harris Y Hasty
Hays Y Heard Y Hensley

Y Herbert Y Holcomb Y Holmes
Y Hooks Hudson
Y Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Johnson.D Y Johnson,R
Y Kilgore Y Kingston
Y Lane,D Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson
YLee Y Under
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
Y McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley
Moody Y Moore
Morton

Mostiler Y Moultrie Y Mueller
Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P
Y Royal Selman
Y Shepard Y Sherrod
Simpson Y Sinkfield

Y Sizemore
Y Smith.L Y Smith,? Y Smith.T Y Smith,W
Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson Y Thurmond 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 Williams,J Wilson Y Wood Y Workman Y Yeargin Y Young Murphy,Spkr

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

SB 199. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to jurisdiction of magistrate courts, so as to change the civil jurisdiction of magistrate courts by increasing the maximum amount in controversy over which such courts have jurisdiction.

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

TUESDAY, MARCH 3, 1987

1631

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins
Bailey Balkcom Y Bannister Y Bargeron Y Barnett.B Y Bamett,M YBeck Y Benefield Benn Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks Brown YBuck Y Buford YByrd Y Carrell Y Carter Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark.L

Y Colbert Y Coleman
Colwell Connell Y Cooper Y Couch YCox Y Crawford Crosby Y Cummings Y Davis,G Y Davis.M Y Dixon Y Dobbs Y Dover Dunn Y Edwards Y Felton Y Floyd Y Foster Galer YGodbee Y Goodwin Y Green Y Greene Greer Y Gresham Y Griffin Y Groover Y Hamilton Hanner Y Harris Y Hasty Hays
Y Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston
Y Lane,D Y Lane,R Y Langford
Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley
Moody Y Moore
Morton

Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock
Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Peters Y Pettit
Phillips Y Pinkston
Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman
Y Shepard Y Sherrod
Simpson Y Sinkfield

Y Sizemore Y Smith.L
Y Smith.P
Y Smith,T Y Smith.W
Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas, M Y Thompson
Thurmond
Y Townsend Y Triplett
Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L
Wall Ware Y Watson Y Watts White Wilder Y Williams,B Williams.J Wilson Y Wood Y Workman Y Yeargin Y 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.

SB 25. By Senator Kidd of the 25th:
A bill to amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to provide a program for art in state buildings; to provide a short title; to provide for declaration of purpose; to define certain terms; to provide for financing works of art; to provide for the art in state buildings program to be a budget item in the annual budget.

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

Y Aaron Y Adams,G Y Adams.M Y Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong

Y Bishop Y Bostick Y Branch YBray
Y Brooks Brown
YBuck Y Buford YByrd
Carrell Y Carter
Chambless Y Chance Y Cheeks
Y Childers Y Childs
Clark,B Y Clark.L

Y Colbert
Coleman Colwell Connell Y Cooper
Y Couch YCox Y Crawford Y Crosby Y Cummtngs Y Davis,G Y Davis.M
Dixon YDobbs Y Dover Y Dunn Y Edwards Y Felton

Y Floyd Y Foster Y Galer YGodbee Y Goodwin
Green Y Greene Y Greer
Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris
Y Hasty YHays Y Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks
Y Hudson Y Isakson Y Jackson,J Y Jackson.W N Jamieson
Y Johnson,D Y Johnson.R Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford
Lawler Y Lawrence

1632

JOURNAL OF THE HOUSE,

Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton
Mangum Y Martin Y McDonald Y McKelvey
McKinney
Y Milam
Y Milford
Y Mobley
Moody Y Moore
Morton

Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Y Pinkston
Pittman Y Porter Y Powell Y Prichard

Y Rainey Y Ramsey.T
Ramsey.V Randall Y Ransom YRay Y Reaves Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal
Y Selman Y Shepard Y Sherrod
Simpson Y Sinkfield

Y Sizemore N Smith.L Y Smith,P
Y Smith,T Y Smith,W Y Smyre YSnow
Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs

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

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

SB 203. By Senator Deal of the 49th:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving assault and battery, so as to create the new offense of battery; to provide that a person commits the offense of battery when he intentionally causes visible bodily harm or substantial bodily harm to another; to define terms; to provide for criminal penalties.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to define the offense of battery; to provide for punishment; to provide for minimum sentences; to provide that certain sentences may, in the discretion of the judge, be served during the defendant's nonworking hours; to provide for calculation of such time served; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, is amended by inserting a new Code Section 16-5-23.1 following Code Section 16-5-23, relating to simple battery, and preceding Code Section 16-5-24, relating to aggravated battery, to read as follows:
"16-5-23.1. (a) A person commits the offense of battery when he intentionally causes substantial physical harm which may include substantial visible bodily harm to another.
(b) As used in this Code section, the term 'substantial visible bodily harm' means severe bodily harm capable of being perceived by a person other than the victim and includes, but is not limited to, severely blackened eyes, severely swollen lips or other facial or body parts, fractures, or substantial bruises to body parts.
(c) Except as provided in subsections (d) and (e) of this Code section, a person who commits the offense of battery is guilty of a misdemeanor.
(d) Upon the second conviction for battery against the same victim, the defendant shall be punished by imprisonment for not less than ten days nor more than 12 months, by a fine not to exceed $1,000.00, or both. The minimum sentence of ten days for a second offense shall not be suspended, probated, deferred, stayed, or withheld; provided, however, that it is within the authority and discretion of the sentencing judge to:

TUESDAY, MARCH 3, 1987

1633

(1) Allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; or
(2) Suspend, probate, defer, stay or withhold the minimum sentence where there exists clear and compelling evidence that imposition of the minimum sentence would either create an undue hardship upon the defendant or result in a failure of justice, (e) Upon a third or subsequent conviction for battery against the same victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick Y Branch
Bray
Y Brooks Brown
YBuck Y Buford YByrd
Carrel! Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs
Clark,B Y Clark.L

Y Colbert Coleman
Y Colwell Connell
Y Cooper Couch
YCox N Crawford
Y Crosby Y Cummings Y Davis.G
Davis.M Dixon Y Dobbs Dover Y Dunn N Edwards
Y Felton Y Floyd
Foster Y Galer Y Godbee Y Goodwin
Green Y Greene Y Greer
Gresham Y Griffin N Groover
Y Hamilton Y Manner Y Harris Y Hasty
Hays Y Heard
Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks
Y Hudson Y Isakson Y Jackson,J
Jackson.W Y Jamieson
Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Lupton Y Mangum Y Martin Y McDonald Y McKelvey McKinney Y Milam Y Milford Y Mobley Moody Y Moore Morton

Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Y Pinkston
Pittman Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T Y Ramsey.V
Y Randall Ransom
YRay Reaves
Y Redding Y Richardson Y Ricketson Y Robinson.C
Robinson,P Y Royal Y Selman
Shepard Y Sherrod Y Simpson
Sinkfield

Y Sizemore Y Smith.L
Y Smith,? Y Smith.T Y Smith, W
Smyre Snow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Townsend Y Triplet! Y Twiggs
Y Waddle Y Waldrep
Walker.C Y Walker,L
Wall Ware Y Watson Y Watts White Wilder Y Williams.B Williams,J Wilson Y Wood Workman Y Yeargin Y Young Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 134, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 191. By Senators Foster of the 50th, Coverdell of the 40th, Deal of the 49th and others:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs and area planning and development commissions, so as to provide for a program of rural economic development.

1634

JOURNAL OF THE HOUSE,

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

Y Aaron Y Adams.G
Y Adams.M Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M
YBeck Benefield Benn
Y Birdsong Bishop
Y Bostick Y Branch
Bray Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Childs
Clark.B Y Clark.L

Y Colbert Y Coleman Y Colwell
Connell Y Cooper Y Couch YCox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty Y Hays Y Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J
Jackson.W Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawler Lawrence Y Lawson
YLee Y Linder
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald
Y McKelvey McKinney
Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Mostiler Y Moultrie Y Mueller Y Oliver
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Pinkston Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom Ray Reaves Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith,L Y Smith.P Y Smith.T Y Smith, W
Smyre Y Snow
Stancil Y Stanley
Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplet! Y Twiggs
Y Waddle Y Waldrep
Walker.C
Walker.L YWall Y Ware
Y Watson Y Watts
White Y Wilder Y WilIiams,B
Williams.J Wilson Y Wood 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.

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

SB 24. By Senator Kidd of the 25th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions regarding the disposition of mentally ill, alcoholic, or drug dependent individuals after judicial hearings; to change the provisions regarding noncompliance of mentally ill, alcoholic or drug dependent individuals with involuntary outpatient treatment.

The following Committee substitute was read and adopted:

A BILL
To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions regarding the disposition of mentally ill, alcoholic, or drug dependent individuals after judicial hearings; to change the provisions regarding noncompliance of mentally ill, alcoholic or drug dependent individuals with involuntary

TUESDAY, MARCH 3, 1987

1635

outpatient treatment; to change the provisions regarding the discharge of mentally ill, alcoholic, or drug dependent individuals to involuntary outpatient treatment; to change certain effective dates; 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 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking paragraph (3) of subsection (a) of Code Section 37-3-81.1, regarding the disposition of mentally ill patients after judicial hearings, and inserting in its place the following:
"(3) That the patient is an outpatient who does not meet the requirements for discharge under paragraph (2) of this subsection and:
(A) The patient has been admitted to either an evaluating or treatment facility and there received an evaluation within 45 days prior to the date of the hearing under this Code section, the court shall order that the patient be discharged; or
(B) The patient has not been admitted to either an evaluating or treatment facility and there received an evaluation within 45 days prior to the date of the hearing under this Code section, the court shall order that the patient be admitted to an evaluating facility, and this chapter shall thereafter apply to that patient as though that patient had been ordered by a court to be admitted to that facility pursuant to Code Section 37-3-62; or"
Section 2. Said title is further amended by striking Code Section 37-3-82, regarding noncompliance of mentally ill patients with the involuntary outpatient treatment plan, and inserting in its place a new Code section to read as follows:
"37-3-82. {a) ff at any time daring a period ef involuntary outpatient treatment, including bat net limited te interim outpatient treatment arranged pursuant te sttbseetien {b> ef Gede Section 37-3-91:

\&) 1 lie pnysicisn tn chflrge or the pfltient s outpflilent tredtinent determtnes thdtj
weW accomplish the patient's treatment geate is hospitalization ef the patient; er #J) The conditions described it* both paragraphs {i) and (2) of this subsection exist
with regard te the patient, the physiciflu IR chflrife of the pstient s outpstient trestinent nisy execute ft certiticflte under the conditions specified tnereior tft suosec110n \st) ot v_^ode occiion o f "0-41. tn
paragraphs {I}? <&-, and {3} ef this subsection wpen which issuance ef- the certificate is D&scd. i. hflt ceftiticflte shflii hflve the ssine durfttion snd ciieci fts ft ceptiiicflte issued pursuant te subsection {} ef- Gede Section 37-3-41.
(a) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-3-91, the physician in charge of the patient's outpatient service plan determines that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient, then that physician may execute a certificate under the conditions specified in subsection (a) of Code Section 37-3-41. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-3-41.
(b) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-3-91, the patient fails without good cause or refuses to comply with the outpatient service plan, the physician in charge of the outpatient service plan or that physician's designee may petition the court originally approving the involuntary treatment of the patient or the court of the county in which the patient is a resident or where the patient may be found for an order authorizing a peace officer to take the patient and immediately deliver the patient to the community mental health center in

1636

JOURNAL OF THE HOUSE,

charge of the patient's outpatient service plan, if a physician is available there to examine the patient, or to the nearest emergency receiving facility serving the county in which the patient is found. If in the discretion of the court such an order is issued, the patient shall be delivered to the facility and may be given such emergency or other medical treatment as is indicated by good medical practice. The patient must be released from the custody of the community mental health center within four hours and from the custody of the emergency receiving facility within 48 hours after being taken into the custody of that center or facility unless the examining physician concludes that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient. That physician may then execute a certificate under the conditions specified therefor in subsection (a) of Code Section 37-3-41, if the examination is done in a community mental health center, or in Code Section 37-3-43, if the examination is done in an emergency receiving facility. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-3-41 or Code Section 37-3-43, as applicable.
{fe} (c) With regard to a patient whe the eewt fcnews te be required to obtain involuntary outpatient treatment, the court may issue any order authorized under subsection (b) of Code Section 37-3-41, but if the court knows that patient is required to obtain involuntary outpatient treatment, that court may issue such order only upon the court's determination, in addition to any other requirement fer conditions for the issuance of that order, that such patient has not complied with the involuntary outpatient treatment or that the patient reasonably appears to be an inpatient.
(d) Any patient detained in a facility pursuant to this Code section shall not be required during that period of detention to obtain outpatient treatment required by any order which is then in effect and which was issued pursuant to this chapter. That order shall otherwise remain in full force and effect notwithstanding the patient's detention in or release from the facility unless that facility obtains a court order authorized by Code Section 37-3-81.1 which expressly supersedes the prior order."
Section 3. Said title is further amended by striking subsection (a) of Code Section 37-3-91, relating to the discharge of mentally ill patients to involuntary outpatient treatment, and inserting in its place the following:
"(a) A person who is in the physical custody of a community mental health center, emergency receiving facility, or evaluating facility and who is determined by a physician, at or on behalf of that facility, to meet all of the outpatient treatment 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 emergency 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 expiration of the time fiveday evaluation period established under Code Section 37-3-64 for the discharge ef a patient determined net te fee a mentally itt perseft requiring involuntary treatment."
Section 4. Said title is further amended by adding at the end of said Code Section 37-3-91 the following subsection:
"(e) Notwithstanding the provisions of subsection (a) of this Code section, a patient detained in a treatment facility pursuant to a certificate and petition under Code Section 37-3-81, whether or not that patient is subsequently determined by that facility during the time of such detention to meet all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90, may not be discharged from that facility until a full and fair hearing is held pursuant to Code Section 37-3-81.1, which hearing may not be waived by any patient so determined to meet all of such outpatient treatment requirements."
Section 5. Said title is further amended by striking paragraph (3) of subsection (a) of Code Section 37-7-81.1, regarding the disposition of alcoholic or drug dependent individuals after judicial hearings, and inserting in its place the following:

TUESDAY, MARCH 3, 1987

1637

"(3) That the patient is an outpatient who does not meet the requirements for discharge under paragraph (2) of this subsection and:
(A) The patient has been admitted to either an evaluating or treatment facility and there received an evaluation within 45 days prior to the date of the hearing under this Code section, the court shall order that the patient be discharged; or
(B) The patient has not been admitted to either an evaluating or treatment facility and there received an evaluation within 45 days prior to the date of the hearing under this Code section, the court shall order that the patient be admitted to an evaluating facility, and this chapter shall thereafter apply to that patient as though that patient had been ordered by a court to be admitted to that facility pursuant to Code Section 37-7-62; or"
Section 6. Said title is further amended by striking Code Section 37-7-82, regarding noncompliance of alcoholic or drug dependent individuals with the involuntary outpatient treatment plan, and inserting in its place a new Code section to read as follows:
"37-7-82. {a) If at any time daring a period of involuntary outpatient treatment, including out not limited TO interim outpflticnt trefttmcnt ftrfflnjuect pursuant- to suDsec* tkm { ef ede Section 37-3-01:
\i) 1 fte pfttient *fills wrtnout 000 cfluse to comply with trie outp&11ent service piATI}
{2} The physician charge ef the patient's outpatient treatment determines that, DCeftuse of 8 cfiflnge jft tiie pfltient 9 conflition} trie ieflst restrictive fliternQ11ve wiiicn would accomplish the patient's treatment geate is hospitalization of th patient; er
{#) T-he conditions described in both paragraphs <# and {3) ef this subsection cxiat with fegafd te the patient,
under trie conditions specifies tnereiop ttt suusection \ft/ of t^ode oection o /"'o~4i. TR dddition to ftny otnef requirements^ tnftt certificate sndii specify ttiose conditions under

pursuant te subsection {} ef Code Section 37-3-41.
(a) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-7-91, the physician in charge of the patient's outpatient treatment plan deter-
mines that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient, then that physician may execute a certificate under the conditions specified in subsection (a)
of Code Section 37-7-41. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-7-41.
(b) If at any time during a period of involuntary outpatient treatment, including but
not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-7-91, the patient fails without good cause or refuses to comply with the outpatient treatment plan, the physician in charge of the outpatient treatment plan or that physician's designee may petition the court originally approving the involuntary treat-
ment of the patient or the court of the county in which the patient is a resident or where the patient may be found for an order authorizing a peace officer to take the patient and immediately deliver the patient to the community mental health center in
charge of the patient's outpatient treatment plan, if a physician is available there to examine the patient, or to the nearest emergency receiving facility serving the county
in which the patient is found. If in the discretion of the court such an order is issued, the patient shall be delivered to the facility and may be given such emergency or other medical treatment as is indicated by good medical practice. The patient must be
released from the custody of the community mental health center within four hours and from the custody of the emergency receiving facility within 48 hours after being taken
into the custody of that center or facility unless the examining physician concludes that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient. That physician
may then execute a certificate under the conditions specified therefor in subsection (a)

1638

JOURNAL OF THE HOUSE,

of Code Section 37-7-41, if the examination is done in a community mental health center, or in Code Section 37-7-43, if the examination is done in an emergency receiving facility. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-7-41 or Code Section 37-7-43, as applicable.
{b} (c) With regard to a patient whom th eeart fcnews te be required to obtain involuntary outpatient treatment, the court may issue any order authorized under subsection (b) of Code Section 37-7-41j but if the court knows that patient is required to obtain involuntary outpatient treatment, that court may issue such order only upon the court's determination, in addition to any other requirement for conditions for the issuance of that order, that such patient has not complied with the involuntary outpatient treatment or that the patient reasonably appears to be an inpatient.
(d) Any patient detained in a facility pursuant to this Code section shall not be required during that period of detention to obtain outpatient treatment required by any order which is then in effect and which was issued pursuant to this chapter. That order shall otherwise remain in full force and effect notwithstanding the patient's detention in or release from the facility unless that facility obtains a court order authorized by Code Section 37-7-81.1 which expressly supersedes the prior order."
Section 7. Said title is further amended by striking subsection (a) of Code Section 37-7-91, relating to the discharge of alcoholic or drug dependent individuals to involuntary outpatient treatment, and inserting in its place the following:
"(a) A person who is in the physical custody of a community mental health center, emergency receiving facility, or evaluating facility and who is determined by a physician, at or on behalf of that facility, to meet all of the outpatient treatment 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 emergency 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 five-day evaluation period established under Code Section 37-7-64 for the discharge ef a patient determined net te be a alcoholic, a drag dependent individual, er a dtag abaser requiring involuntary treatment."
Section 8. Said title is further amended by adding at the end of said Code Section 37-7-91 the following subsection:
"(e) Notwithstanding the provisions of subsection (a) of this Code section, a patient detained in a treatment facility pursuant to a certificate and petition under Code Section 37-7-81, whether or not that patient is subsequently determined by that facility during the time of such detention to meet all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90, may not be discharged from that facility until a full and fair hearing is held pursuant to Code Section 37-7-81.1, which hearing may not be waived by any patient so determined to meet all of such outpatient treatment requirements."
Section 9. Said title is further amended by striking Code Section 37-8-53, relating to the effective date of certain articles in Chapter 8, and inserting in its place a new Code section to read as follows:
"37-8-53. Articles 1, 2, and 3 of this Chapter 8 shall not become effective until July 1,1987- 1989."
Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 11. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

TUESDAY, MARCH 3, 1987

1639

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

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Childs Clark.B Y Clark.L

Y Colbert Y Coleman Y Colwell
Connell Y Cooper Y Couch YCox Y Crawford
Crosby Y Cummings Y Davis.G Y Davis.M
Dixon Y Dobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster
Galer YGodbee Y Goodwin
Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson
Y Jackson,J Y Jackson, W Y Jamieson
Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder
YLong YLord Y Lucas Y Lupton
Mangum Y Martin
McDonald Y McKelvey
McKinney Y Milam Y Milford
Y Mobley Y Moody Y Moore Y Morton

Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard
Rainey N Ramsey.T
Ramsey.V Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith.L Y Smith.P Y Smith.T
Y Smith,W YSmyre
Snow Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson Y Thurmond 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
Williams,.! Wilson Y Wood Workman Y Yeargin Y Young
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 153, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 306. By Representatives Sinkfield of the 37th, Dover of the llth, Benn of the 38th, Moore of the 139th and Clark of the 55th:

A RESOLUTION
Creating the House Paraprofessional Teacher Assistants and Education Secretaries Study Committee; and for other purposes.
WHEREAS, the position of paraprofessional teacher assistant has existed for almost 20 years but their role in the schools has been ill defined; and
WHEREAS, there are a number of factors which are changing and expanding the role of paraprofessional teacher assistants and education secretaries in our public schools; and
WHEREAS, with the many changes in public education today, it is incumbent upon education policymakers to devise an effective mechanism for support services for public schoolteachers, enhancing utilization of paraprofessional teacher assistants and education secretaries.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Paraprofessional Teacher Assistants and Education Secretaries Study Committee to be composed of not more than seven members of the House of Representatives to be appointed by the Speaker of the House of Representatives.

1640

JOURNAL OF THE HOUSE,

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 conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. 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 unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1987, on which date the committee shall stand abolished.

The following Committee substitute was read and adopted:

A RESOLUTION
Creating the House Paraprofessional Teacher Assistants and Education Secretaries Study Committee; and for other purposes.
WHEREAS, the position of paraprofessional teacher assistant has existed for almost 20 years but their role in the schools has been ill defined; and
WHEREAS, there are a number of factors which are changing and expanding the role of paraprofessional teacher assistants and education secretaries in our public schools; and
WHEREAS, with the many changes in public education today, it is incumbent upon education policymakers to devise an effective mechanism for support services for public schoolteachers, enhancing utilization of paraprofessional teacher assistants and education secretaries.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Paraprofessional Teacher Assistants and Education Secretaries Study Committee to be composed of not more than five 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 conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. 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 of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1987, on which date the committee shall stand abolished.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.

TUESDAY, MARCH 3, 1987

1641

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

Y Aaron Y Adams.G Y Adams.M Y Aiken
Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom
Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks Brown YBuck Y Buford YByrd
Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Childs Clark.B Y Clark.L

Y Colbert Y Coleman
Y Colwell Connell
Y Cooper Y Couch YCox Y Crawford Y Crosby Y Cummings
Davis.G Y Davis.M Y Dixon
Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster
Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert Y Holcomb
Holmes
Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson, W
Jamieson Y Johnson.D Y Johnson.R Y Kilgore
Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson
Lee Y Linder Y Long YLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Mostiier Y Moultrie Y Mueller Y Oliver
Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith.L Y Smith.P Y Srnith.T Y Smith, W
Smyre YSnow Y Stancil
Y Stanley Steinberg
Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond 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
Williams.,) Wilson Y Wood Y Workman Y Yeargin Y Young Murphy.Spkr

On the adoption of the Resolution, by substitute, the ayes were 155, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HR 292. By Representatives Godbee of the 110th and Triplett of the 128th:

A RESOLUTION
Creating the House Motor Truck Safety Study Committee; and for other purposes.
WHEREAS, motor vehicle and highway safety are pressing state and national concerns; and
WHEREAS, these safety concerns are especially pressing with respect to the safe equipment and operation of motor trucks because of the especially serious consequences potentially attendant upon any accident involving a motor truck; and
WHEREAS, motor trucking safety issues impact heavily upon the personal safety of the state's citizens and the safety of their property, the economy, and the ecology of the state.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is composed the House Motor Truck Safety Study Committee to be composed of ten members of the House of Representatives. The officers of the committee shall be appointed by the Speaker of the House. The chairman shall call all meetings of the committee.

1642

JOURNAL OF THE HOUSE,

BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. 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 5 days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1987, on which date the committee shall stand abolished.
The following Committee substitute was read and adopted:

A RESOLUTION
Creating the House Motor Truck Safety Study Committee; and for other purposes.
WHEREAS, motor vehicle and highway safety are pressing state and national concerns; and
WHEREAS, these safety concerns are especially pressing with respect to the safe equipment and operation of motor trucks because of the especially serious consequences potentially attendant upon any accident involving a motor truck; and
WHEREAS, motor trucking safety issues impact heavily upon the personal safety of the state's citizens and the safety of their property, the economy, and the ecology of the state.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is composed the House Motor Truck Safety Study Committee to be composed of five members of the House of Representatives. The officers of the committee shall be appointed by the Speaker of the House. The chairman shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. 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 of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1987, on which date the committee shall stand abolished.

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

Y Aaron Y Adams.G YAdams.M

Y Aiken Y Alford Y Alien

Y Athon Y Atkins Y Bailey

Y Balkcom Y Banniater Y Bargeron

Y Barnett.B Y Barnett.M Y Beck

TUESDAY, MARCH 3, 1987

1643

Y Benefield Benn Birdaong
Y Bishop Y Bostick Y Branch Y Bray Y Brooks
Brown Y Buck Y Buford Y Byrd Y Carrell Y Carter YChambless Y Chance Y Cheeks Y Childers
Childs Clark,B Y Clark.L
Y Colbert Y Coleman Y Colwell
Connell Y Cooper Y Couch Y Cox Y Crawford Y Crosby Y Cummings Y Davis,G N Davis,M

Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster
Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty Y Hays Y Heard
Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson, W Y Jamieson

Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane.D
Y Lane,R Y Langford Y Lawler Y Lawrence Y Lawson Y Lee Y Linder Y Long Y Lord Y Lucas
Y Lupton Y Mangum Y Martin
McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton
Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett

Y Pannell
Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston
Pittman Y Porter Y Powell
Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall
Ransom
Y Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L Y Smith.P

Y Smith.T
Y Smith,W Y Smyre Y Snow Y Stancil
Y Stanley Steinberg
Y Stephens Thomas,C
Y Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs
Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Wilson Y Wood
Workman Y Yeargin Y Young
Murphy.Spkr

On the adoption of the Resolution, by substitute, the ayes were 156, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

SB 230. By Senators Deal of the 49th and Hine of the 52nd:
A bill to amend Chapter 1 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to crimes and offenses, so as to provide for a statement of intent and purpose; to provide that the repeal, repeal and reenactment, or amendment of certain criminal laws shall not affect or abate the status as a crime of criminal acts or omissions which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 1 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to crimes and offenses, so as to provide that the repeal, repeal and reenactment, or amendment of certain criminal laws shall not affect or abate the status as a crime of criminal acts or omissions which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law; to provide that prosecutions of such crimes shall not be abated as the result of such repeal, repeal and reenactment, or amendment unless the General Assembly expressly declares otherwise; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to crimes and offenses, is amended by adding at the end thereof a new Code Section 16-1-11 to read as follows:

1644

JOURNAL OF THE HOUSE,

"16-1-11. The repeal, repeal and reenactment, or amendment of any law of this state which prohibits any act or omission to act and which provides for any criminal penalty therefor, whether misdemeanor, misdemeanor of a high and aggravated nature, or felony, shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment unless the General Assembly expressly declares otherwise in the Act repealing, repealing and reenacting, or amending such law."
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 Y Adams.G Y Adams.M
Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Childs Clark.B Y Clark.L

Colbert Y Coleman
Colwell
Connell Y Cooper Y Couch
YCox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
YDunn Y Edwards Y Felton Y Floyd Y Foster
Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover
Hamilton Y Manner Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert Holcomb
Y Holmes Y Hooks Y Hudson Y Isakson
Y Jackson,J Y Jackson, W Y Jamieson Y Johnson,D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence
Y Lawson YLee Y Under YLong YLord Y Lucas
Y Lupton Mangum
Y Martin
McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Mostiler Y Moultrie Y Mueller
Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman Y Porter Y Powell
Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
Ray Reaves
Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore
Y Smith.L Y Smith.P Y Smith.T
Y Smith.W Smyre
YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y 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
WilliamsJ Wilson Y Wood Workman
Y Yeargin Y Young
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 508. By Representatives Ware of the 77th, Wood of the 9th, Workman of the 51st, Lawson of the 9th and Colbert of the 23rd:

TUESDAY, MARCH 3, 1987

1645

A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates and rate making, so as to authorize the Commissioner of Insurance to approve property or casualty insurance rates, policies, or contracts prior to their use upon a determination that a lack of competition or availability exists.

Representative Ware of the 77th moved that the House insist on its position in disagreeing to the Senate substitute to HB 508 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 Pro Tern 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 Wood of the 9th.

The Speaker assumed the Chair.

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

SB 177. By Senators Peevy of the 48th, Edge of the 28th and Howard of the 42nd:
A bill to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to regulation of gasoline marketing practices, so as to prohibit a refiner, producer, or manufacturer of automotive gasoline from opening and from directly or indirectly operating a retail service station for the retail sale of gasoline.

Representative Lupton of the 25th moved that debate on SB 177 be limited to five minutes with the exception of the original author and the committee chairman.
The motion prevailed.

Representative Lee of the 72nd moved the previous question.

Representative Langford of the 7th moved that SB 177 be placed upon the table.

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

Y Aaron Y Adams,G N Adams.M YAiken
Y Alford N Alien Y Athon Y Atkins N Bailey Y Balkcom Y Bannister N Bargeron
N Barnett,B Y Barnett,M Y Beck YBenefield Y Benn N Birdsong

N Bishop N Bostick Y Branch N Bray
N Brooks Y Brown N Buck N Buford N Byrd
Carrell N Carter Y Chambless
N Chance Y Cheeks N Childers N Childs
Clark.B N Clark.L

N Colbert N Coleman N Colwell N Connell
N Cooper Y Couch N Cox Y Crawford N Crosby N Cummings Y Davis.G Y Davis.M
N Dixon Y Dobbs N Dover N Dunn N Edwards Y Felton

Y Floyd Foster
N Galer Godbee
Y Goodwin N Green N Greene Y Greer Y Gresham N Griffin N Groover N Hamilton
N Hanner N Harris N Hasty Y Hays Y Heard Y Hensley

N Herbert N Holcomb Y Holmes N Hooks
Y Hudson Y Isakson N Jackson,J Y Jackson.W
Jamieson N Johnson.D
Johnson.R N Kilgore
Y Kingston N Lane,D N Lane,R Y Langford N Lawler Y Lawrence

1646

JOURNAL OF THE HOUSE,

N Lawson N Lee Y Under N Long NLord
N Lucas Y Lupton Y Mangum Y Martin N McDonald N McKelvey
McKinney N Milara N Milford Y Mobley Y Moody
Moore YMorton

Mostiler Y Moultrie Y Mueller Y Oliver YOrrock
N Padgett N Pannell N Parham N Parrish N Patten Y Peters N Pettit N Phillips N Pinkston Y Pittman N Porter Y Powell NPrichard

N Rainey N Ramsey.T Y Ramsey.V N Randall Y Ransom
Y Ray N Reaves N Redding N Richardson N Ricketson Y Robinson.C Y Robinson.P N Royal N Selman N Shepard N Sherrod Y Simpson
Sinkfield

On the motion, the ayes were 69, nays 95. The motion was lost.

Y Sizemore Y Smith.L N Smith,? N Smith.T Y Smith,W
Smyre Y Snow N Stancil Y Stanley Y Steinberg N Stephens N Thomas.C N Thomas,M N Thompson Y Thurmond Y Townsend N Triplett N Twiggs

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

The motion for the previous question prevailed.

The Speaker ordered the previous question.

The following amendment was read:

Representative Walker of the 85th moves to amend SB 177 as follows: Page 1, Section 1, line 20, by changing the word "April 1, 1987" to "July 1, 1989".

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

N Aaron
Y Adams G N Adams M Y Aiken YAlford Y Alien
YAthon Y Atkins
Bailey Y Balkcom
Y Bannister N Bargeron
N Barnett.B Y Barnett M Y Beck Y Benefleld YBenn
N Birdsong N Bishop N Bostick Y Branch N Bray N Brooks Y Brown NBuck N Buford N Byrd
Carrell Y Carter
Y Chambless Y Chance Y Cheeks YChilders

N Childs
Clark.B N Clark.L Y Colbert NColeman N Colwell
NConnell N Cooper Y Couch N Cox
Y Crawford N Crosby
N Cummings Y Davis.G Y Davis.M N Dixon
Dobbs
N Dover N Dunn N Edwards Y Felton Y Floyd
Foster N Galer
Godbee Y Goodwin N Green N Greene N Greer
Y Gresham N Griffin N Groover N Hamilton

N Manner
N Harris N Hasty Y Hays
Heard Y Hensley
N Herbert N Holcomb Y Holmes N Hooks
Y Hudson Y Isakson
N Jackson,J Y Jackson.W N Jamieson N Johnson,D N Johnson.R
N Kilgore Y Kingston Y Lane.D N Lane,R Y Langford Y Lawler Y Lawrence N Lawson N Lee Y Linder N Long N Lord
Y Lucas Y Lupton Y Mangum Y Martin

N McDonald
N McKelvey Y McKinney N Milam N Milford Y Mobley
Y Moody N Moore Y Mortpn
Mostiler
Y Moultrie Y Mueller
Y Oliver Y Orrock N Padgett N Pannell N Parham
N Parrish N Patten Y Peters N Pettit N Phillips N Pinkston Y Pittman Y Porter N Powell N Prichard N Rainey N Ramsey.T
Y Ramsey.V N Randall Y Ransom Y Ray

N Reaves
Y Redding N Richardson N Ricketson Y Robinson.C Y Robinson.P
N Royal N Selman N Shepard N Sherrod
N Simpson Y Sinkfield
Y Sizemore Y Smith,L N Smith.P N Smith.T Y Smith,W
Smyre Snow Y Stancil Y Stanley Y Steinberg N Stephens N Thomas.C Thomas.M N Thompson N Thurmond Y Townsend N Triplett
N Twiggs Y Waddle N Waldrep Y Walker.C

TUESDAY, MARCH 3, 1987

1647

N Walker,L Y Wall
Ware

N Watson N Watts Y White

Y Wilder Y Williams.B
Williams.J

Wilson
N Wood N Workman

N Yeargin Y Young
Murphy.Spkr

On the adoption of the amendment, the ayes were 76, nays 89. The amendment was lost.

The following amendment was read:

Representative Lane of the 27th moves to amend SB 177 as follows:
On page 1, line 20, strike the date "April 1, 1987," and insert "January 1, 1989".
On page 2, line 28, strike the date "April 1, 1987" and insert the date "January 1, 1989".

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

N Aaron Y Adams.G N Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins N Bailey Y Balkcom Y Bannister N Bargeron N Barnett.B Y Barnett.M YBeck Y Benefield YBenn N Birdsong N Bishop N Bostick Y Branch NBray N Brooks Y Brown YBuck N Buford NByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers N Childs
Clark,B N Clark.L

Y Colbert N Coleman Y Colwell N Connell N Cooper Y Couch
Cox Y Crawford N Crosby N Cummings Y Davis,G Y Davis.M N Dixon YDobbs N Dover N Dunn N Edwards Y Felton Y Floyd
Foster NGaler
Godbee Y Goodwin N Green N Greene YGreer Y Gresham Y Griffin N Groover N Hamilton N Hanner N Harris
N Hasty YHays
Heard Y Hensley

N Herbert N Holcomb Y Holmes
Y Hooks Y Hudson Y Isakson N Jackson,J Y Jackson.W N Jamieson N JohnsontD N Johnson,R N Kilgore Y Kingston Y Lane,D N Lane.R Y Langford Y Lawler Y Lawrence N Lawson NLee Y Linder NLong YLord Y Lucas Y Lupton Y Mangum Y Martin N McDonald N McKelvey Y McKinney N Milam N Milford Y Mobley Y Moody N Moore Y Morton

Mostiler
Y Moult Y Mueller Y Oliver Y Orrock Y Padgett N Pannell NParham N Parrish
N Patten Y Peters N Pettit N Phillips N Pinkston
Y Pittman N Porter N Powell N Prichard
N Rainey N Ramsey.T Y Ramsey.V NRandall Y Ransom
YRay N Reaves Y Redding N Richardson N Ricketson Y Robinson.C Y Robinson,P N Royal N Selman N Shepard
N Sherrod N Simpson Y Sinkfield

On the adoption of the amendment, the ayes were 86, nays 81. The amendment was adopted.

Y Sizemore Y Smith,L N Smith,? N Smith.T Y Smith.W
Smyre
Snow
Y Stancil Y Stanley Y Steinberg N Stephens N Thomas.C
Thomas, M N Thompson
Y Thurmond Y Townsend Y Triplett N Twiggs Y Waddle N Waldrep
Y Walker.C N Walker.L YWall
Ware N Watson N Watts Y White Y Wilder Y Williams.B
Williams.J Wilson NWood N Workman N Yeargin Y Young Murphy,Spkr

Representative Dunn of the 73rd moved that the House reconsider its action in adopting the Lane amendment.
On the motion, the roll call was ordered, and the vote was as follows:

Y Aaron N Adams.G Y Adams,M

N Aiken N Alford
Alien

N Athon
N Atkins Y Bailey

N Balkcom N Bannister
Y Bargeron

Y Barnett,B N Barnett.M NBeck

1648

JOURNAL OF THE HOUSE,

N Benefield YBenn Y Birdsong Y Bishop
Bostick N Branch YBray Y Brooks N Brown NBuck Y Buford
YByrd Y Carrell N Carter N Chambless N Chance N Cheeks N Childers Y Childs
Clark.B Y Clark.L N Colbert Y Coleman Y Colwell Y Connell Y Cooper N Couch YCox N Crawford
Crosby Y Cummings N Davis.G N Davis.M

Dixon N Dobbs Y Dover YDunn Y Edwards N Felton N Floyd
Foster Y Galer
Godbee N Goodwin Y Green Y Greene N Greer N Gresham N Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty NHays
Heard N Hensley Y Herbert Y Holcomb N Holmes N Hooks N Hudson N Isakson Y Jackson,J N Jackson.W Y Jamieson

Y Johnson.D Y Johnson.R Y Kilgore N Kingston N Lane,D Y Lane,R N Langford N Lawler N Lawrence Y Lawson YLee N Linder YLong NLord N Lucas N Lupton N Mangum N Martin N McDonald Y McKelvey N McKinney Y Milam Y Milford N Mobley N Moody N Moore N Morton
Mostiler Y Moultrie N Mueller N Oliver N Orrock
Y Padgett

N Pannell Y Parham
Y Parrish Y Patten N Peters Y Pettit
Phillips Y Pinkston N Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T N Ramsey.V
Y Randall
N Ransom
NRay Y Reaves N Redding Y Richardson Y Ricketson N Robinson.C N Robinson.P N Royal Y Selman N Shepard Y Sherrod Y Simpson N Sinkfleld N Sizemore N Smith.L N Smith.P

On the motion, the ayes were 75, nays 90. The motion was lost.

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

The following amendment was read:

Representative Walker of the 85th, et al, move to amend SB 177 by adding a new section to read as follows:
"All retail gasoline outlets shall provide pressurized air service for tires and water vehicle cooling systems, at no charge."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G N Adams.M Y Aiken N Alford Y Alien N Athon
N Atkins N Bailey Y Balkcom Y Bannister N Bargeron N Bamett,B Y Barnett,M NBeck N Benefield YBenn N Birdsong N Bishop N Bostick N Branch NBray N Brooks

Y Brown NBuck N Buford NByrd N Carrell
N Carter Y Chambless Y Chance Y Cheeks Y Childers N Childs
Clark.B N Clark.L Y Colbert Y Coleman Y Colwell Y Connell N Cooper N Couch NCox N Crawford Y Crosby N Cummings

Y Davis.G N Davis.M Y Dixon N Dobbs N Dover
N Dunn N Edwards
Felton Y Floyd
Foster N Galer
Godbee Y Goodwin N Green N Greene N Greer Y Gresham N Griffin N Groover N Hamilton N Hanner N Harris N Hasty

NHays
Heard Y Hensley N Herbert N Holcomb Y Holmes
N Hooks N Hudson N Isakson N Jackson ,J N Jackson.W N Jamieson
Johnson,D N Johnson.R N Kilgore N Kingston N Lane,D Y Lane.R N Langford N Lawler N Lawrence N Lawson NLee

N Linder N Long
NLord Y Lucas
Lupton N Mangum Y Martin N McDonald Y McKelvey Y McKinney N Milam N Milford N Mobley N Moody Y Moore Y Morton
Mostiler Y Moultrie Y Mueller N Oliver Y Orrock Y Padgett N Pannell

TUESDAY, MARCH 3, 1987

N Parham N Parrish N Patten N Peters N Pettit N Phillips N Pinkston Y Pittman Y Porter N Powell N Prichard N Rainey N Ramsey.T

Y Ramsey.V
N Randall Y Ransom YRay N Reaves Y Redding N Richardson N Ricketson N Robinson.C N Robinson.P N Royal N Selman N Shepard

N Sherrod N Simpson Y Sinkfield N Sizemore N Smith.L N Smith.P N Smith.T
N Smith.W Y Smyre N Snow N Stancil Y Stanley N Steinberg

N Stephens
N Thomas.C N Thomas,M N Thompson N Thurmond Y Townsend
N Triplett Y Twiggs N Waddle N Waldrep Y Walker.C N Walker.L
Y Wall

On the adoption of the amendment, the ayes were 52, nays 115. The amendment was lost.

1649
Ware N Watson N Watts Y White Y Wilder
Williams.B Williams.J Wilson N Wood N Workman N Yeargin Y Young Murphy,Spkr

The following amendment was read:
Representatives Barnett of the 59th and Bannister of the 62nd move to amend SB 177 as follows:
Page 1, line 21, add after the word "producer" the following: "Jobber, Dealer..."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Aaron Y Adams.G N Adams.M Y Aiken N Alford Y Alien N Athon Y Atkins N Bailey N Balkcom Y Bannister N Bargeron N Barnett.B Y Barnett.M NBeck Y Benefield YBenn N Birdsong N Bishop N Bostick N Branch
NBray N Brooks Y Brown NBuck
N Buford NByrd N Carrell N Carter
Y Chambless Y Chance Y Cheeks N Childers N Childs
Clark,B
N Clark.L

Y Colbert N Coleman N Colwell Y Connell
N Cooper Y Couch NCox Y Crawford N Crosby N Cummings Y Davis.G Y Davis.M
Dixon Y Dobbs N Dover N Dunn N Edwards Y Felton Y Floyd
Foster N Galer
Godbee Y Goodwin N Green N Greene N Greer Y Gresham N Griffin N Groover N Hamilton N Hanner N Harris N Hasty NHays
Heard N Hensley

N Herbert N Holcomb Y Holmes N Hooks Y Hudson
Y Isakson N Jackson,J N Jackson, W N Jamieson N Johnson.D N Johnson.R N Kilgore N Kingston N Lane.D N Lane.R N Langford N Lawler N Lawrence N Lawson NLee N Linder N Long NLord
Lucas Lupton N Mangum N Martin N McDonald N McKelvey Y McKinney N Milam N Milford Y Mobley N Moody N Moore Y Morton

Mostiler N Moultrie Y Mueller N Oliver
Y Orrock N Padgett N Pannell N Parham N Parrish N Patten N Peters N Pettit N Phillips N Pinkston Y Pittman N Porter N Powell N Prichard N Rainey N Ramsey.T Y Ramsey.V N Randall
Y Ransom
YRay N Reaves
Redding N Richardson N Ricketson Y Robinson.C N Robinson.P
N Royal N Selman
N Shepard N Sherrod N Simpson Y Sinkfield

On the adoption of the amendment, the ayes were 49, nays 117. The amendment was lost.

Y Sizemore Y Smith.L
N Smith,? N Smith.T Y Smith.W
Smyre
NSnow N Stancil
Y Stanley Y Steinberg N Stephens N Thomas,C N Thomas,M N Thompson N Thurmond Y Townsend N Triplett N Twiggs N Waddle N Waldrep Y Walker.C N Walker.L Y Wall
Ware N Watson N Watts Y White Y Wilder Y Williams.B
Williams,,] Wilson N Wood N Workman N Yeargin Y Young Murphy,Spkr

1650

JOURNAL OF THE HOUSE,

The following amendment was read:
Representative Alien of the 127th moves to amend SB 177 as follows: Page 1 at line 4 and at line 21 and page 2 at line 1 strike the word "or" and add the words ", or wholesaler" between the words "manufacturer" and "of.

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

N Aaron Y Adams.G N Adams.M N Aiken N Alford Y Alien N Athon Y Atkins N Bailey N Balkcom Y Bannister N Bargeron N Barnett.B Y Barnett.M NBeck Y Benefield
YBenn N Birdsong N Bishop N Bostick Y Branch NBray N Brooks N Brown NBuck N Buford NByrd N Carrell N Carter Y Chambless Y Chance Y Cheeks N Childers N Childs
Clark.B N Clark,L

Y Colbert N Coleman N Colwell N Connell N Cooper Y Couch NCox
Crawford N Crosby N Cummings Y Davis.G Y Davis.M N Dixon Y Dobbs N Dover N Dunn N Edwards Y Felton Y Floyd
Foster NGaler
Godbee Y Goodwin N Green N Greene N Greer Y Gresham N Griffin N Groover N Hamilton N Manner N Harris N Hasty NHays
Heard N Hensley

N Herbert N Holcomb
Y Holmes N Hooks N Hudson Y Isakson N Jackson ,J N Jackson.W N Jamieson N Johnson.D N Johnson,R N Kilgore N Kingston
N Lane.D N Lane,R
Y Langford N Lawler Y Lawrence N Lawson NLee Y Linder N Long NLord Y Lucas
Lupton N Mangum Y Martin N McDonald N McKelvey Y McKinney N Milam N Milford N Mobley Y Moody N Moore Y Morton

Mostiler N Moultrie
Y Mueller N Oliver Y Orrock N Padgett N Pannell N Parham N Parrish N Patten N Peters N Pettit N Phillips N Pinkston
Pittman N Porter N Powell N Prichard N Rainey N Ramsey.T Y Ramsey.V NRandall N Ransom YRay N Reaves N Redding N Richardson N Ricketson Y Robinson.C N Robinson.P N Royal N Selman
N Shepard N Sherrod N Simpson Y Sinkfield

On the adoption of the amendment, the ayes were 49, nays 119.

The amendment was lost.

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

The following amendment was read:

Representatives Peters of the 2nd and Aiken of the 21st move to amend SB 177 by striking from line 5 of page 1 the following:
"a retail service station", and inserting in its place the following:
"certain retail service stations". By striking from lines 22 and 23 of page 1 the following: "major brand, secondary brand, or unbranded". By adding before the period on line 1 of page 2 the following:

TUESDAY, MARCH 3, 1987

1651

"if the trademark, trade name, or identifying symbol directly associated with that refiner, producer, or manufacturer is used in connection with the operation of that service station and that trademark, trade name, or identifying symbol is also used by retailers, jobbers, or distributers operating any service station in this state".

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

N Aaron Y Adams.G N Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins N Bailey Y Balkcom Y Bannister N Bargeron N Barnett.B Y Barnett,M YBeck N Benefield YBenn N Birdsong N Bishop N Bostick Y Branch NBray N Brooks Y Brown YBuck N Buford NByrd N Carrell
Carter Y Chambless Y Chance Y Cheeks Y Childers N Childs
Clark.B Y Clark,L

Y Colbert Y Coleman Y Colwell N Connell N Cooper
N Couch NCox Y Crawford N Crosby N Cummings Y Davis.G Y Davis,M
Dixon Y Dobbs N Dover N Dunn N Edwards Y Felton Y Floyd
Foster N Galer
Godbee Y Goodwin N Green N Greene N Greer Y Gresham N Griffin
N Groover Y Hamilton Y Manner N Harris N Hasty YHays
Heard
Y Hensley

N Herbert N Holcomb Y Holmes
Y Hooks Y Hudson
Y Isakson N Jackson,J N Jackson.W N Jamieson
Johnson.D N Johnson,R N Kilgore Y Kingston
N Lane.D N Lane,R Y Langford Y Lawler Y Lawrence N Lawson NLee Y Under N Long NLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald
Y McKelvey Y McKinney N Milam Y Milford Y Mobley Y Moody N Moore Y Morton

Mostiler
N Moultrie Y Mueller
N Oliver Y Orrock
N Padgett Y Pannell N Parham N Parrish N Patten Y Peters N Pettit N Phillips
N Pinkston Y Pittman Y Porter N Powell N Prichard
Rainey Ramsey.T Y Ramsey.V N Randall Y Ransom YRay N Reaves Y Redding Richardson N Ricketson Y Robinson.C Y Robinson, P N Royal Selman
N Shepard N Sherrod N Simpson
Y Sinkfield

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

On the adoption of the amendment, the ayes were 83, nays 79. The amendment was adopted.

Representative Dunn of the 73rd moved that the House reconsider its action in adopting the Peters amendment.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron N Adams,0
Y Adams.M N Aiken N Alford N Alien N Athon
N Atkins Y Bailey N Balkcom N Bannister Y Bargeron Y Barnett,B N Barnett,M
NBeck Y Benefield

NBenn Y Birdsong Y Bishop
Y Bostick N Branch YBray Y Brooks N Brown NBuck Y Buford YByrd Y Carrell N Carter N Chambless N Chance N Cheeks

N Childers
Y Childs Clark.B Clark.L
N Colbert Coleman
Y Colwell Y Connell Y Cooper Y Couch YCox N Crawford
Y Crosby Y Cummings
N Davis.G N Davis.M

Y Dixon N Dobbs
Y Dover Y Dunn Y Edwards N Felton
N Floyd Foster
Y Galer Godbee
N Goodwin N Green Y Greene N Greer N Gresham Y Griffin

Y Groover N Hamilton
N Hanner Y Harris Y Hasty NHays
Heard N Hensley Y Herbert Y Holcomb N Holmes
Hooks N Hudson N Isakson Y Jackson,J Y Jackson.W

1652

JOURNAL OF THE HOUSE,

Y Jamieson Johnson,D
Y Johnson.R Y Kilgore N Kingston YLane.D Y Lane.R N Langford N Lawler N Lawrence Y Lawson YLee N Linder
YLong YLord N Lucas N Lupton N Mangum N Martin N McDonald

N McKelvey N McKinney Y Milam N Milford Y Mobley N Moody Y Moore N Morton
Mostiler Y Moultrie N Mueller Y Oliver N Orrock Y Padgett N Pannell Y Parham Y Parrish Y Patten N Peters Y Pettit

Phillips Y Pinkston N Pittman
Porter Y Powell Y Prichard
Rainey Y Ramsey.T N Ramsey.V Y Randall N Ransom NRay Y Reaves
Redding Y Richardson Y Ricketson N Robinson.C N Robinson.P Y Royal Y Selman

Y Shepard Y Sherrod Y Simpson
N Sinkfield N Sizemore N Smith.L N Smith.P Y Sraith,T N Smith.W
N Smyre NSnow Y Stancil N Stanley N Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond N Townsend

On the motion, the ayes were 85, nays 78. The motion prevailed.

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

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

N Aaron Y Adams.G N Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins N Bailey Y Balkcom Y Bannister N Bargeron N Barnett.B Y Barnett.M YBeck Y Benefield YBenn N Birdsong N Bishop N Bostick Y Branch
NBray N Brooks Y Brown YBuck N Buford NByrd N Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers N Childs
Clark,B N Clark.L

Y Colbert Y Coleman Y Colwell N Connell
N Cooper N Couch NCox Y Crawford
N Crosby N Cummings Y Davis.G Y Davis.M N Dixon YDobbs N Dover N Dunn N Edwards Y Felton Y Floyd
Foster N Galer
Godbee Y Goodwin N Green
N Greene Y Greer Y Gresham N Griffin N Groover Y Hamilton Y Manner N Harris N Hasty YHays
Heard Y Hensley

N Herbert N Holcomb Y Holmes Y Hooks Y Hudson
Y Isakson N Jackson,J N Jackson.W N Jamieson N Johnson.D N Johnson.R N Kilgore Y Kingston N Lane.D N Lane.R Y Langford Y Lawler Y Lawrence N Lawson
NLee Y Linder
N Long NLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey Y McKinney N Milam Y Milford Y Mobley Y Moody N Moore Y Morton

Mostiler N Moultrie
Y Mueller N Oliver Y Orrock N Padgett Y Pannell N Parham N Parrish N Patten Y Peters N Pettit N Phillips N Pinkston Y Pittman Y Porter N Powell N Prichard
Rainey N Ramsey.T Y Ramsey.V N Randall Y Ransom YRay N Reaves Y Redding N Richardson N Ricketson Y Robinson.C Y Robinson.P N Royal N Selman N Shepard N Sherrod N Simpson Y Sinkfield

On the readoption of the amendment, the ayes were 83, nays 86. The amendment was lost.

Y Sizemore Y Smith.L N Smith,P N Smith,T
N Smith.W Y Smyre YSnow Y Stancil Y Stanley Y Steinberg N Stephens N Thomas.C N Thomas.M N Thompson N Thurmond
Y Townsend Y Triplett
Twiggs N Waddle N Waldrep Y Walker.C N Walker.L Y Wall
Ware N Watson N Watts N White Y Wilder Y Williams.B
WilliamsJ Wilson N Wood N Workman N Yeargin Y Young Murphy.Spkr

The following amendment was read:

Representative Alford of the 57th moves to amend SB 177 as follows:

TUESDAY, MARCH 3, 1987

1653

At the end of line 58 add: provided, however, that any refiner, producer or manufacturer of automotive gasoline may open a major brand, secondary brand, or unbranded service station for the retail sale of gasoline in the state of Georgia and operate it with company personnel, a subsidiary company, or a commissioned agent or under a contract with any person, firm, or corporation managing a service station on a fee arrangement with the refiner, producer or manufacturer if such service station will not cause the total number of service stations of that refiner, producer, or manufacturer in the state of Georgia operated with company personnel, a subsidiary company, or a commissioned agent or under contract with any person, firm or corporation managing a service station on a fee arrangement to exceed 10% (ten percent) of the total number of stations operated under a brand of the refiner, producer or manufacturer in the state of Georgia.

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

N Aaron
Y Adams.G N Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins N Bailey Y Balkcom Y Bannister N Bargeron N Barnett.B Y Barnett.M YBeck Y Benefleld YBenn N Birdsong N Bishop N Bostick Y Branch NBray N Brooks Y Brown YBuck N Buford NByrd N Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers N Childs
Clark.B N Clark.L

Y Colbert N Coleman Y Colwell Y Connell N Cooper Y Couch NCox Y Crawford N Crosby N Cummings Y Davis.G Y Davis.M N Dixon Y Dobbs N Dover N Dunn N Edwards Y Felton Y Floyd
Foster N Galer
God bee Y Goodwin
N Green N Greene Y Greer
Y Gresham N Griffin N Groover N Hamilton N Manner N Harris N Hasty Y Hays
Heard Y Hensley

N Herbert N Holcomb
Y Holmes Y Hooks
Y Hudson Y Isakson N Jackson,J N Jackson, W N Jamieson N Johnson.D N Johnson.R
N Kilgore Y Kingston Y Lane.D N Lane.R Y Langford N Lawler Y Lawrence
Y Lawson NLee Y Linder NLong NLord
Y Lucas Y Lupton Y Mangum Y Martin N McDonald
N McKelvey Y McKinney N Milam N Milford Y Mobley Y Moody N Moore Y Morton

Mostiler Y Moultrie Y Mueller Y Oliver
Y Orrock N Padgett N Pannell N Parham N Parrish N Patten Y Peters N Pettit N Phillips N Pinkston
Y Pittman N Porter N Powell N Prichard N Rainey N Ramsey.T Y Ramsey.V N Randall Y Ransom YRay N Reaves N Redding N Richardson N Ricketson Y Robinson.C Y Robinson.P N Royal N Selman N Shepard N Sherrod N Simpson Y Sinkfield

On the adoption of the amendment, the ayes were 82, nays 89. The amendment was lost.

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

The following amendment was read:

Representative Pittman of the 60th moves to amend SB 177 as follows: To strike all wording from line 1, page 1 through line 33, page 2.

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

1654

JOURNAL OF THE HOUSE,

N Aaron Y Adams.G N Adams,M Y Aiken N Alford N Alien N Athon Y Atkins N Bailey N Balkcom Y Bannister N Bargeron N Barnett.B Y Bamett,M NBeck Y Benefield YBenn N Birdsong N Bishop N Bostick Y Branch
Bray N Brooks Y Brown NBuck N Buford NByrd N Carrell
Carter Chambless
Y Chance Y Cheeks Y Childers N Childs
Clark.B N Clark.L

Y Colbert N Coleman N Colwell N Connell N Cooper Y Couch NCox Y Crawford N Crosby N Cummings Y Davis,G Y Davis.M N Dixon Y Dobbs N Dover N Dunn N Edwards Y Felton Y Floyd
Foster N Galer
Godbee Y Goodwin N Green
N Greene N Greer Y Gresham N Griffin N Groover N Hamilton N Hanner N Harris N Hasty NHays
Heard N Hensley

N Herbert N Holcomb Y Holmes N Hooks N Hudson YIsakson N Jackson.J N Jackson.W N Jamieson N Johnson,D N Johnson,R N Kilgore N Kingston N Lane.D
N Lane,R Y Langford N Lawler Y Lawrence N Lawson NLee Y Linder N Long NLord Y Lucas Y Lupton N Mangum N Martin N McDonald N McKelvey
Y McKinney N Milam N Milford
N Mobley Y Moody N Moore Y Morton

Mostiler
N Moultrie Y Mueller Y Oliver Y Orrock N Padgett N Pannell N Parham N Parrish N Patten Y Peters N Pettit N Phillips N Pinkston Y Pittman N Porter N Powell N Prichard N Rainey N Ramsey.T Y Ramsey.V N Randall Y Ransom YRay N Reaves N Redding N Richardson N Ricketson Y Robinson.C
Robinson,?
N Royal N Selman
N Shepard N Sherrod N Simpson Y Sinkfield

On the adoption of the amendment, the ayes were 54, nays 113. The amendment was lost.

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

The following amendment was read:

Representative Johnson of the 123rd moves to amend SB 177 as follows:
Only those stations offering service, including air and water, (whether for charge or not) shall use the words "service station". Others not offering same, shall be designated "gas stations.".

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

Y Aaron Y Adams.G N Adams.M Y Aiken N Alford Y Alien N Athon Y Atkins N Bailey NBalkcom Y Bannister N Bargeron N Barnett.B Y Barnett.M NBeck N Benefield YBenn N Birdsong Y Bishop N Bostick

Y Branch NBray Y Brooks Y Brown
NBuck N Buford NByrd N Carrell N Carter
Chambless N Chance Y Cheeks N Childers Y Childs
Clark.B N Clark,L Y Colbert N Coleman
Colwell Y Connell

N Cooper N Couch
NCox Y Crawford N Crosby N Cummings Y Davis.G Y Davis.M
N Dixon N Dobbs Y Dover N Dunn N Edwards
Y Felton Y Floyd
Foster N Galer
God bee Y Goodwin
N Green

N Greene N Greer N Gresham N Griffin N Groover N Hamilton
N Hanner N Harris N Hasty NHays
Heard N Hensley N Herbert N Holcomb Y Holmes N Hooks Y Hudson Ylsakson N Jackson,J Y Jackson.W

N Jamieson
Y Johnson,D N Johnson.R N Kilgore
N Kingston NLane.D NLane.R Y Langford N Lawler N Lawrence N Lawson NLee N Linder NLong NLord Y Lucas Y Lupton N Mangum Y Martin N McDonald

TUESDAY, MARCH 3, 1987

1655

N McKelvey Y McKinney NMilam N Milford N Mobley
Moody N Moore YMorton
Mostiler N Moultrie Y Mueller N Oliver Y Orrock N Padgett Y Pannell N Parham

N Parrish
N Patten N Peters
N Pettit N Phillips N Pinkston Y Pittman N Porter
N Powell Y Prichard N Rainey
N Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay

N Reaves Y Redding N Richardson N Ricketson Y Robinson.C
Robinson,P N Royal N Selman N Shepard N Sherrod N Simpson Y Sinkfield N Sizemore N Smith.L N Smith,P
Smith,T

Y Smith.W Y Smyre NSnow Y Stancil Y Stanley Y Steinberg Y Stephens N Thomas,C
Thomas.M N Thompson Y Thurmond Y Townsend Y Triplett YTwiggs N Waddle N Waldrep

On the adoption of the amendment, the ayes were 62, nays 103. The amendment was lost.

Y Walker.C N Walker.L YWall
Ware N Watson N Watts Y White Y Wilder Y Williams.B
Williams,.] Wilson
N Wood N Workman N Yeargin Y Young
Murphy.Spkr

The following amendment was read and ruled out of order:

Representatives Dobbs of the 74th and Watts of the 41st move to amend SB 177 by striking from line 20 of page 1 the following:
"April 1", and inserting in its place the following:
"December 31". By striking from line 28 of page 2 the following: "April 1", and inserting in its place the following: "December 31".

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

Y Aaron
N Adams,G Y Adams.M N Aiken N Alford Y Alien N Athon N Atkins Y Bailey N Balkcom N Bannister Y Bargeron Y Barnett.B N Barnett,M NBeck N Benefield NBenn Y Birdsong Y Bishop Y Bostick N Branch YBray Y Brooks

N Brown YBuck
Y Buford YByrd Y Carrell Y Carter N Chambless
N Chance N Cheeks N Childers
Y Childs Clark.B
Y Clark.L N Colbert
Y Coleman Y Colwell Y Connell
Y Cooper N Couch YCoi N Crawford Y Crosby Y Cummings

N Davis.G N Davis.M Y Dixon
N Dobbs Y Dover Y Dunn Y Edwards N Felton Y Floyd
Foster Y Galer
Godbee N Goodwin Y Green
Y Greene NGreer N Gresham
Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty

NHays Heard
N Hensley Y Herbert Y Holcomb N Holmes
Y Hooks N Hudson N Isakson Y Jackson,,) Y Jackson,W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore N Kingston N Lane.D YLane,R N Langford N Lawler N Lawrence Y Lawson
YLee

N Under YLong
YLord N Lucas N Lupton N Mangum N Martin N McDonald
Y McKelvey N McKinney YMilam
Y Milford N Mobley N Moody Y Moore N Morton
Mostiler N Moultrie N Mueller N Oliver N Orrock Y Padgett Y Pannell

1656

JOURNAL OF THE HOUSE,

Y Parham Y Parrish Y Patten N Peters Y Pettit Y Phillips Y Pinkston N Pittman Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T

N Ramsey.V Y Randall N Ransom NRay Y Reaves Y Redding Y Richardson Y Ricketson N Robinson.C N Robinson.P Y Royal
Y Selman Y Shepard

Y Sherrod Y Simpson N Sinkfield N Sizemore N Smith.L N Smith.P Y Smith.T N Smith, W
N Smyre N Snow Y Stancil N Stanley N Steinberg

Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond N Townsend
N Triplett Y Twiggs Y Waddle Y Waldrep N Walker.C Y Walker.L N Wall

Ware Y Watson Y Watts Y White N Wilder N Williams,B
Williams,J Wilson
Y Wood Y Workman Y Yeargin N Young
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 97, nays 74.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Walker of the 115th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority
to SB 177.

Representative Brooks of the 34th arose to a point of personal privilege and addressed the House.

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

WEDNESDAY, MARCH 4, 1987

1657

Representative Hall, Atlanta, Georgia Wednesday, March 4, 1987

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:

Aaron Adams,G Adams.M Aiken Alien Athon Atkins Bailey Balkcom Bannister Bargeron Barnett.B Barnett,M Beck Benefield Benn Birdsong Bishop Bostick Branch Brooks Brown j*u?k , uf5rd
S5 .. Carrell
Carter Chambless
Chance Cheeks Childers

Clark, B Clark,L
Colbert Coleman Colwell Connell Cooper Couch
Cox
Crawford Cummings Davis.M Dobbs Dover Dunn Edwards Felton Floyd Foster Galer Godbee Goodwin ^reen Xreene
9.nel Oresnam Griffin Groover Hamilton Hanner Harris

Hasty Hays Heard Hensley Herbert Holcomb Hooks Hudson Isakson Jackson,J Jamieson Johnson,!) Johnson.R Kilgore Kingston Lane.D Lane.R Lawrence
Lawson
Lee
Long Lorj
Lucas
Lupton M.M.acKn,,geul,vmey
McKmney Milam
Mobley
Moody

Moore Mostiler Moultrie Mueller Oliver Orrock Padgett Parham Parrish Patten Peters Pettit Pittman Porter Powell Prichard Rainey Ramsey.T
Ramsey.V
Randall
Ransom
Ray
Reaves
Richardson
RTR> oicbi_km-etssoonn.Cr>
Robinson,?
Royal
Selman
Shepard

Sherrod Simpson Sinkfield Smith, L Smith.P Smith.T Smith.W Snow Stancil Stanley Steinberg Stephens Thomas.C Thomas.M Thurmond Townsend Twiggs Waddle
Waldrep
Walker.C
Wall
Ware
Watson
Watts
Ww Whiuditeer
Williams,B Wood
Workman
Yeargin

Prayer was offered by the Reverend Jerry A. Patterson, Pastor, Faith Tabernacle United Pentecostal Church, Conyers, Georgia.

Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills.

1658

JOURNAL OF THE HOUSE,

6. First reading and reference of Senate Bills and Resolutions.

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

HB 1130. By Representative Sizemore of the 136th:
A bill to amend Code Section 48-2-35 of the Official Code of Georgia Annotated, relating to taxpayer refunds, so as to change the rate of interest on taxpayer refunds.
Referred to the Committee on Ways & Means.

HB 1131. By Representative Sizemore of the 136th:
A bill to amend Code Section 10-1-4 of the Official Code of Georgia Annotated, relating to requirements on revolving accounts, so as to provide for the payment of interest to a buyer by a seller under certain conditions.
Referred to the Committee on Banks & Banking.

HB 1132. By Representative Heard of the 43rd:
A bill to repeal an Act creating the Peachtree City Water, Sewerage, and Recreation Authority; to create a new Peachtree City Water and Sewerage Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1133. By Representative Watson of the 114th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to require persons who apply for a Georgia driver's license for the first time to complete satisfactorily the "Alcohol and Drug Safety Course" established by the commissioner of public safety.
Referred to the Committee on Motor Vehicles.

HB 1134. By Representative Watson of the 114th:
A bill to amend Code Section 47-2-310 of the Official Code of Georgia Annotated, relating to employees of the Georgia Federal-State Shipping Point Inspection Service being members of the Employees' Retirement System of Georgia, so as to authorize creditable service for certain prior service as an employee of said inspection service.
Referred to the Committee on Retirement.

HB 1135. By Representatives Byrd of the 153rd and Moody of the 153rd:
A bill to provide for the election of members of the Board of Education of Toombs County.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 370. By Representative Goodwin of the 63rd:

WEDNESDAY, MARCH 4, 1987

1659

A resolution creating the Administrative Expenses of Education Study Committee.
Referred to the Committee on Rules.

By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the committees:

HB 1136. By Representatives Bailey of the 72nd, Johnson of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Lee of the 72nd:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to procedures for the imposition of a special county sales and use tax, so as to provide that such taxes may be imposed for the purpose of certain cultural, recreational, and historic facilities; to change provisions relating to the authorized uses of the proceeds of the tax.
Referred to the Committee on Ways & Means.

HB 1137. By Representative Smith of the 152nd:
A bill to amend an Act creating the Board of Commissioners for Bacon County, so as to change the compensation of the members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 371. By Representative Dunn of the 73rd:
A resolution honoring the life of Honorable Herman Eugene Talmadge and creating the House Talmadge Monument Study Committee.
Referred to the Committee on Rules.

HR 372. By Representative Dunn of the 73rd:
A resolution honoring the life of Honorable Herman Eugene Talmadge and creating the Herman Eugene Talmadge Monument Commission.
Referred to the Committee on Rules.

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

HB 1114 HB 1115 HB 1116
HB 1117 HB 1119 HB 1123
HB 1124 HB 1125

HB 1126 HB 1127 HB 1128
HB 1129 HR 369 SB 380
SB 381 SB 382

Representative Bray of the 91st District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:

1660

JOURNAL OF THE HOUSE,

Your Committee on Governmental 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 170 Do Pass, by Substitute
Respectfully submitted, Is/ Bray of the 91st
Chairman

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 236 Do Pass SB 289 Do Pass, by Substitute
Respectfully submitted, /s/ Childers of the 15th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 340 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman

Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to
report the same back to the House with the following recommendations:

HB 889 Do Pass
HB 1015 Do Pass, by Substitute
HB 1017 Do Pass HB 1091 Do Pass HB 1093 Do Pass
HB 1094 Do Pass HB 1095 Do Pass HB 1096 Do Pass
HB 1097 Do Pass

HB 1098 Do Pass
HB 1101 Do Pass
HB 1102 Do Pass HB 1103 Do Pass HB 1104 Do Pass
HB 1105 Do Pass HB 1106 Do Pass HB 1107 Do Pass
HB 1108 Do Pass

WEDNESDAY, MARCH 4, 1987

1661

HB 1109 Do Pass HB 1110 Do Pass HB 1111 Do Pass HB 1112 Do Pass
HB 1113 Do Pass HB 1118 Do Pass

HB 1120 Do Pass HB 1121 Do Pass HB 1122 Do Pass SB 338 Do Pass HB 1092 Do Pass
Respectfully submitted, /s/ Adams of the 36th
Chairman

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

HOUSE RULES CALENDAR WEDNESDAY, MARCH 4, 1987
Mr. Speaker and Members of the House:
The House Committee on Rules has set the calendar for this thirty-fifth Legislative Day as enumerated below:
HR 339 Legislation For Women: Urge Passage By U.S. Congress
SB 33 Trash Dumping: Boundaries: Prohibitions SB 92 Arrested Person: Refuse to Chemical Test: Report SB 104 Public Funds: Secure Deposits SB 105 Public Funds: Secure Deposit SB 112 Tattoo: Minors: Prohibitions SB 119 Tax Evasion: Criminal Penalties SB 187 Guardians: Mentally 111 Persons: Workers' Compensation SB 188 Workers' Compensation: Guardians: Certain Persons SB 206 Nonresident/Alien Wholesale Fish Dealer: License Fees SB 216 Interstate Banking: Include Maryland & District of Columbia SB 283 Alcoholic Bev.: Sales By Drink: Referendum Requirement SB 286 Physicians: Malpractice Clms: Bd Investigate Fitness to Practice SB 301 Felony Conviction: Persons Under 18 Serving Sentence SB 312 Workers' Comp.: Indemnity/Med./Rehabilitation Exp.: Reimburse SR 7 General Assembly Members: Term of Office - CA SR 99 Atlanta, City of: Amount of Bonded Indebtedness - CA SR 157 Baldwin County: Convey Easement
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 889. By Representatives Pannell of the 122nd, Hamilton of the 124th, Triplett of the 128th, Kingston of the 125th and Mueller of the 126th:
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 independent school system of Chatham County and the City of Savannah shall be deemed to be a county school system within the meaning of this Constitution and the general laws of this state.

1662

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 1015. By Representative Smith of the 78th: A bill to provide a new charter for the City of Barnesville.

The following Committee substitute was read and adopted:

A BILL
To provide a new charter for the City of Barnesville; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide an effective date; 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. Incorporation. This city and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the name and style Barnesville, Georgia, and by that name shall have perpetual succession.
Section 1.11. Corporate boundaries, (a) The corporate boundaries of this city shall be as described and set forth in Appendix A attached hereto.
(b) The city council may provide for changes in Appendix A by ordinance to reflect lawful changes in the corporate boundaries.
Section 1.12. Powers and construction, (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law.
(b) The powers of this 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 this city.
Section 1.13. Examples of Powers. (1) Air and water pollution. To regulate the emission of smoke or other exhaust
which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city;

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(2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder;
(3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city;
(4) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades;
(5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees;
(6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted;
(7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations;
(8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city;
(9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with
general law, relating to both fire prevention and detection and to firefighting; and to prescribe penalties and punishment for violations thereof;
(10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and cor-
porations residing in or doing business within the city and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges;
(11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanli-
ness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards;
(12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of
its citizens on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to
provide for the enforcement of such standards;
(14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and
squares in the city; to provide for the commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials;
(15) Motor vehicles. To regulate the operation of motor vehicles and exercise con-
trol over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city;
(16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such

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agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same;
(17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of
Georgia; (18) Municipal property ownership. To acquire, dispose of, and hold in trust or
otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside
or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection
of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof;
(20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, electric light plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares,
fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city;
and to provide utility services to persons, firms, and corporations inside and outside
the corporate limits of the city as provided by ordinance; (21) Nuisances. To define a nuisance and provide for its abatement whether on
public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pur-
suant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development
by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing com-
munity; (24) Police and fire protection. To exercise the power of arrest through duly
appointed police officers and to establish, operate, or contract for a police and a fire-
fighting agency;
(25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the
public;
(26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, air-
ports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements
inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted;
(27) Public peace. To provide for the prevention and punishment of drunkenness,
riots, and public disturbances;
(28) Public transportation. To organize and operate or contract for such public
transportation systems as are deemed beneficial;
(29) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and stan-
dards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the
Public Service Commission;
(30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any
and all other structures or obstructions upon or adjacent to the rights of way of

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streets and roads or within view thereof, within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances;
(31) Retirement. To provide and maintain a retirement plan for officers and employees of the city;
(32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so;
(33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system;
(34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items;
(35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors;
(36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvements;
(37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;
(38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law;
(39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles;
(40) Urban redevelopment. To organize and operate an urban redevelopment program; 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, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully

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stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
Section 1.14. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
Section 2.10. City council creation; 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 five councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter. For the purpose of electing the councilmembers, the city shall be divided into five wards which shall be described and set forth in Appendix B attached hereto.
Section 2.11. City council terms and qualifications for office. The mayor and members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of the city or of the respective ward immediately prior to the date of the election of mayor or members of the city council; each member of the city council shall continue to reside within the ward such member represents and the mayor shall continue to reside within the city during his period of service and shall be registered and qualified to vote in municipal elections of this city.
Section 2.12. Vacancy; filling of vacancies; suspensions, (a) Vacancies The office of mayor or councilmember 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. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in this charter.
(b) Suspension Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this charter.
Section 2.13. Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
Section 2.14. Conflicts of interest; holding other offices, (a) Conflict of interest 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 official duties or which would tend to impair the independence of his judgment or action in the performance of his official duties;
(2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties;

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(3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others;
(4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which he 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 interest in any action or proceeding against this city or any portion of its government; or
(6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he has a financial interest. (b) Disclosure Any elected official, appointed officer, or employee who has 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 councilmember 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 shall disqualify himself 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) Use of public property No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity 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) Contracts voidable and rescindable Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Ineligibility of elected official Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which he was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which he was elected. (f) Political activities of certain officers and employees No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. (g) Penalties for violation (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his office or position.
(2) Any officer or employee of the city who shall forfeit his office or position as described in paragraph (1) above shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.
Section 2.15. 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 council shall be punished as provided by ordinance.
Section 2.16. 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 of this charter.

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Section 2.17. Eminent domain. The city council is empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
Section 2.18. Organizational meetings. The city council shall hold an organizational meeting on October first. 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) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."
Section 2.19. Regular and special meetings, (a) The city council shall hold regular meetings at such 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 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember 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 councilmember's presence. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible one day prior to such meetings.
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 a journal 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 and shall serve at his pleasure. The mayor shall have the power to appoint new members to any committee at any time.
Section 2.21. Quorum; voting, (a) Four councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. For purposes of a quorum, the mayor shall count as a councilmember. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of four councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
(b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
Section 2.22. Ordinance form; procedures, (a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the City of Barnesville hereby ordains..." and every ordinance shall so begin.
(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided,

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however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
Section 2.23. Action requiring an ordinance. Acts of the city council which have the force and effect of law shall be enacted 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 councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form 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 the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance shall 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 except that: (1) the requirements of subsection (b) of Section 2.22 for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this charter.
(b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.
Section 2.26. Signing; authenticating; recording; codification; printing, (a) The clerk shall authenticate by his signature and record in full 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 the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain 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 Barnesville, 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 printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the 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 reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code.

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Section 2.27. City administrator; appointment; qualifications; compensation. The city council shall appoint a city administrator for an indefinite term and shall fix his compensation. The administrator shall be appointed solely on the basis of his executive and administrative qualifications.
Section 2.28. Removal of city administrator, (a) The city council may remove the administrator from office in accordance with the following procedures:
(1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the administrator from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the administrator;
(2) Within five days after a copy of the resolution is delivered to the administrator, he may file with the city council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The administrator may file with the council a written reply not later than five days before the hearing;
(3) If the administrator has not requested a public hearing within the time specified in paragraph (2) above, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the city administrator has requested a public hearing, the city council may adopt a final resolution at any time after the public hearing by an affirmative vote of all its members, provided due cause is shown as outlined in Personnel System, Article V, Section 2. (b) The administrator shall continue to receive his salary until the effective date of the final resolution for removal.
Section 2.29. Acting city administrator. By letter filed with the city clerk, the administrator shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of administrator during his temporary absence or disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the administrator shall return or his disability shall cease.
Section 2.30. Powers and duties of the city administrator. The city administrator shall be the chief administrative officer of the city. He shall be responsible to the city council for the administration of all city affairs placed in his charge by or under this charter. He shall have the following powers and duties:
(1) He shall appoint, and when he deems it necessary for the good of the city, suspend, or remove all city employees and administrative officers he appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. He may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency;
(2) He shall direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law;
(3) He shall attend all city council meetings and shall have the right to take part in discussion but he may not vote;
(4) He shall see that all laws, provisions of this charter, and acts of the city council, subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed;
(5) He shall prepare and submit the annual operating budget and capital budget to the city council;
(6) He shall submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year;
(7) He shall make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to his direction and supervision;

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(8) He shall keep the city council fully advised as to the financial condition and future needs of the city and make such recommendations to the city council concerning the affairs of the city as he deems desirable;
(9) He shall perform other such duties as are specified in this charter or as may be required by the city council.
Section 2.31. Council interference with administration. Except for the purpose of inquiries and investigations under Section 2.15, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the administrator solely through the administrator, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.
Section 2.32. Selection of mayor pro tempore. By a majority vote of all its members, the city council shall elect a councilmember to serve as mayor pro tempore, and he shall serve at the pleasure of the city council. He shall continue to vote and otherwise participate as councilmember.
Section 2.33. Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial
purposes and be the official spokesman for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; and (4) Sign as a matter of course all written and approved contracts, ordinances, and
other instruments executed by the city which by law are required to be in writing.
Section 2.34. Mayor pro tempore. During the absence or disability of the mayor for any cause, the mayor pro tempore or, in his absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all councilmembers.
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 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 by law, the supervisors 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 supervisors of departments shall receive such compensation as prescribed by ordinance.
(d) There shall be a supervisor of each department or agency who shall be its principal officer. Each supervisor shall, subject to the direction and supervision of the city administrator, be responsible for the administration and direction of the affairs and operations of his department or agency.
(e) All supervisors under the supervision of the city administrator shall be nominated by the city administrator with confirmation of appointment by the city council. The city administrator may suspend or remove supervisors under his supervision by giving written notice of such action and the reason therefor to the supervisor involved and to the city council. The supervisor involved may appeal to the city council which, after a hearing, may override the city administrator's action by a vote of four councilmembers.
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 function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof.

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(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 appointing authority, terms of office, or manner of appointment is prescribed by this charter or by 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 otherwise provided by charter or by 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 or by law.
(f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of his 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 vote of three members of the city council.
(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-chairman, and may elect as its secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
Section 3.12. City attorney. The city council by a majority vote 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 city administrator concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him by virtue of his position as city attorney.
Section 3.13. City clerk. The city administrator shall appoint a city clerk who shall not be a councilmember. 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 administrator shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer.
Section 3.15. City accountant. The city administrator shall appoint a city accountant and other related personnel to perform the duties as required.
Section 3.16. Position classification and pay plans. The city administrator shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees.
Section 3.17. Personnel policies. The city council shall adopt rules and regulations consistent with this charter concerning:

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(1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices 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 Barnesville.
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 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 a judge on the municipal court unless he shall have attained the age of 21 years. All judges shall be appointed by the city council.
(c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of three members of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20.
Section 4.12. Convening. The municipal court shall be convened at regular intervals as provided by ordinance.
Section 4.13. Jurisdiction; powers, (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law.
(b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,100.00 or imprisonment for 60 days or both such fine arid imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law.
(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 appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared 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.

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(f) 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.
(g) 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 law.
(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
(i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law 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 ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Lamar 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 applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE V ELECTIONS AND REMOVAL
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., the "Georgia Municipal Election Code," as now or hereafter amended.
Section 5.11. Election of the city council and mayor, (a) There shall be a municipal general election biennially on the second Tuesday in September or on such other date as may be provided by general law.
(b) There shall be elected the mayor and two councilmembers at one election and at every other election thereafter. The remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created as provided for in the initial election held under this charter pursuant to Section 7.12.
(c) The mayor shall be elected by a majority of the qualified voters of the entire city. Each member of the city council shall be elected by a majority of the qualified voters voting within each respective ward.
Section 5.12. 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 5.13. Election by majority. The person receiving a majority of the votes cast for any city office shall be elected.
Section 5.14. Special elections; vacancies. In the event that the office of mayor or councilmember 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 official; provided, however, if such vacancy occurs within two months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for

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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., the "Georgia Municipal Election Code," as now or hereafter amended.
Section 5.15. Other provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code."
Section 5.16. Removal of officers, (a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; (6) Failure for any other cause to perform the duties of office as required by this charter or by state law; or (7) Knowingly violating Section 2.31 of this charter dealing with council interference with administration. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of four councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Lamar County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Lamar County following a hearing on a complaint seeking such removal brought by any resident of the City of Barnesville.
ARTICLE VI FINANCE
Municipal corporations can levy no tax, general or special, upon the inhabitants of the municipality, or upon property therein, unless the power to do so is plainly and unmistakably granted by the state, and the burden is upon every political subdivision of the state which demands taxes from the people to show authority to exercise it in the manner in which it has been imposed by a valid law of this state.
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, of 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 shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
Section 6.12. Occupation and business taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such

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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 may 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 law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.
Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
Section 6.15. Service charges. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18.
Section 6.16. Special assessments. The city council by ordinance shall have the power to assess and collect the costs 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 law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
Section 6.18. Collection of delinquent taxes and fees. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 by whatever reasonable means as are not precluded by 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, 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 laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.

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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. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by 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.
Section 6.23. Preparation of budgets. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs.
Section 6.24. Submission of operating budget to city council. On or before a date fixed by the city council but not later than ten days prior to the beginning of each fiscal year, the city administrator shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city administrator containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
Section 6.25. Action by city council on budget, (a) The city council may amend the operating budget proposed by the city administrator, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues.
(b) The city council shall adopt the final operating budget for the ensuing fiscal year not later than the first day of October of each 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 ensuing fiscal year. Adoption of the budget 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 as set out in the budget preparation ordinance adopted pursuant to Section 6.23.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable.
Section 6.26. Tax levies. Following adoption of the operating 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 6.27. Changes in appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular

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meeting or special or emergency meeting called for such purposes, but any additional appropriations may be made only from an existing unexpended surplus.
Section 6.28. Capital improvements budget, (a) On or before the date fixed by the city council, but no later than ten days prior to the beginning of each fiscal year, the city administrator shall submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24.
(b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the first day of October of each year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city administrator may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance.
Section 6.29. 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 government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.
Section 6.30. Contracting procedures. No contract with the city shall be binding on the city unless:
(1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by him to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21.
Section 6.31. Centralized purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
Section 6.32. 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 now or hereafter provided by law.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the city administrator and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or 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 when such exchange is deemed to be in the best interest of the city. 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.

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ARTICLE VII GENERAL PROVISIONS
Section 7.10. Bonds for officials. The officers and employees of this city, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
Section 7.11. Prior ordinances. All ordinances, resolutions, rules, and regulations now in force in the city 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. First election under this charter. The first municipal election shall be September 8, 1987, or such other date as may be provided by general law. All persons giving notice of candidacy for a city council seat shall designate the ward for which such candidate is offering. The mayor, Ward No. 1, and Ward No. 3 shall be filled for an initial term of four years and until their respective successors are elected and qualified such that a continuing body is created. Ward No. 2 shall be filled in the 1987 city election for a twoyear term. Thereafter, Ward No. 2 shall be filled in the 1989 regular city election for a four-year term. Wards No. 4 and 5 shall be filled in the regular city election of 1989 for terms of four years. Each councilmember elected thereafter shall serve a full term as provided in Section 2.11.
Section 7.13. Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 30 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.
Section 7.14. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.
Section 7.15. Construction, (a) Section captions in this charter are informative only and shall not be considered as a part thereof.
(b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
Section 7.16. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.
Section 7.17. Specific repealer. An Act creating a new charter for the City of Barnesville in Lamar County, approved February 2, 1953 (Ga. L. 1953, Jan.-Feb. Session, p. 2006), as amended, is repealed in its entirety.
Section 7.18. Effective date. This charter shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 7.19. General repealer. All laws and parts of laws in conflict with this Act are repealed.

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APPENDIX A
The corporate limits of the City of Barnesville are defined as follows: The corporate limits of the "City of Barnesville" shall extend one (1) mile radius from the brass disc located in the west sidewalk of Thomaston Street, said disc being 40 feet southwest from the southwest corner of the intersection of Thomaston Street and Market Street and in front of the building formerly occupied by Stafford, Blalock & Company. All the area within the one-mile radius shall be included in the corporate limits except the following tract of land in the southwest portion of the one-mile radius circle which is the property of Aldora Mills and is within the corporate limits of the Town of Aldora, Georgia, and described as: Beginning where the one mile radius intersects the north right of way line of the Barnesville-Zebulon Highway (Georgia Route 18); thence eastwardly along the north right of way line of said highway 104.6 feet; thence north 13 degrees, 16 minutes east 1992.5 feet along the east property line of Aldora Mills and east corporate limits of the Town of Aldora to an iron stake on the south right of way line of the Central of Georgia Railway Company; then westwardly along the south right of way line of said railroad to the point where it intersects the one-mile radius. The following tract of land outside the southeast portion of the one-mile radius circle and originally conveyed by the Regents of the University System of Georgia to the City of Barnesville shall be included in the corporate limits and described as: Beginning where the one-mile radius intersects Gordon Road; thence north 89 degrees, 10 minutes east, 1246.3 feet along Gordon Road; thence south 2112.7 feet; thence west 2303.2 feet; thence north 848.8 feet; thence west to intersection with the one-mile radius. The corporate limits of the City of Barnesville shall also include the tract of land described as follows: A portion of land lot 105 of the seventh land district of Lamar County, Georgia as shown in a plat entitled "Proposed Addition to City of Barnesville" dated November 29, 1961 by Griffin Engineering & Mfg. Co. and recorded in plat book 3, page 230 of Lamar County Superior Court records. Proposed addition is more particularly described with reference to said plat as beginning at the present city limits line on the south right of way line of U. S. Highway Number 41 (Forsyth Street); thence from said point of beginning southwardly, 2975 feet, more or less, along the 1 mile radius present city limits line to the south boundary of land lot 105; thence south 88 degrees 46 minutes east, 1463.2 feet, more or less, along the south boundary of land lot 105 to the southeast corner of said land lot 105; thence north 1 degree 40 minutes east, 2853.3 feet along the east boundary of land lot 105 to the south right of way line of U. S. Highway Number 41; thence south 88 degrees 31 minutes west, 745.0 feet along the south right of way line of U. S. Highway Number 41 to the present city limits line and point of beginning.
APPENDIX B
For the purposes of electing the members of the city council of Barnesville, the city shall be divided into five wards described as follows:
Ward No. I: Beginning at a point where the centerline of U.S. Highway No. 341 intersects the Northwesterly city limits of Barnesville, Georgia; thence South along said centerline until same is intersected by the centerline of Old Zebulon Road; thence Easterly along said centerline until same is intersected by the centerline of Zebulon Street; thence continuing Easterly along said centerline until same is intersected by the centerline of Georgia Highway No. 18; thence easterly along said centerline until same is intersected by the centerline of Jackson Street; thence North along said centerline following the curvature thereof until same becomes known as Carleeta Street; thence in an Easterly direction along said centerline until same is intersected by the centerline of Mathews Street; thence South along said centerline until same as extended intersects the centerline of Forsyth Street; thence West along said centerline until same is intersected by the extended centerline of LaFayette Street; thence South along said centerline until same as extended intersects the centerline of Holmes Street; thence West along said centerline until same intersects the centerline of Thomaston Street; thence Southwesterly along said centerline until same intersects the Southwesterly city limits of Barnesville, Georgia; thence in a Northwesterly

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direction along the city limits of Barnesville, Georgia following the curvature and changes thereof to the point of beginning.
Ward No. 2: Beginning at a point where the centerline of Atlanta Street intersects the Northwesterly city limits of the City of Barnesville, Georgia; thence Southerly along said centerline until same is intersected by the extended centerline of Twelfth Street; thence East along said centerline until same is intersected by the extended centerline of Parkview Street; thence North along said centerline until same is intersected by the centerline of Richardson Street; thence Easterly along said centerline until same is intersected by the centerline of Wilson Street; thence South along said centerline until same is intersected by the centerline of Lyons Street; thence East along said centerline until same as extended intersects the centerline of Mill Street; thence South along said centerline until same crosses the Central of Georgia Railroad right of way and becomes known as Main Street; thence continuing Southerly along said centerline until same is intersected by the centerline of Georgia Highway 18; thence Westerly along said centerline until same is intersected by the extended centerline of Zebulon Street; thence Westerly along said centerline until same intersects the centerline of Old Zebulon Road; thence Westerly along the centerline of Old Zebulon Road until same is intersected by the centerline of U. S. Highway No. 341; thence Northerly along said centerline until same intersects the Northwesterly city limits of Barnesville, Georgia; thence in a Northeasterly direction along the city limits of Barnesville, Georgia following the curvature and changes thereof until reaching the point of beginning.
Ward No. 3: Beginning at a point where the centerline of Atlanta Street intersects the Northwesterly city limits of the City of Barnesville, Georgia; thence Southerly along said centerline until same is intersected by the extended centerline of Twelfth Street; thence East along said centerline until same is intersected by the extended centerline of Parkview Street; thence North along said centerline until same is intersected by the centerline of Richardson Street; thence Easterly along said centerline until same is intersected by the centerline of Wilson Street; thence South along said centerline until same is intersected by the centerline of Lyons Street; thence East along said centerline until same as extended intersects the centerline of Mill Street; thence South along Mill Street until same is intersected by the extended centerline of First Street; thence Easterly along said centerline until same as extended intersects the centerline of Jenkins Street; thence South along the said centerline until same as extended intersects the centerline of Washington Street; thence Northeasterly along Washington Street along said centerline until same is intersected by the extended centerline of Hall Street; thence Southeasterly along said centerline crossing the Central of Georgia Railroad right of way until same as extended intersects the centerline of Railroad Street; thence Northeasterly along said centerline until same is intersected by the centerline of Sims Street; thence continuing Northeasterly along said centerline until same intersects the Northeast city limits of Barnesville, Georgia; thence Northwesterly along the city limits of Barnesville, Georgia following the curvature and changes thereof until reaching the point of beginning.
Ward No. 4: Beginning at a point where the centerline of Gordon Road intersects the Southeasterly city limits of Barnesville, Georgia; thence Westerly along the centerline of Gordon Road until said centerline is intersected by the centerline of Honeysuckle Lane; thence North along said centerline until same is intersected by the centerline of Holmes Street; thence West along said centerline until same is intersected by the extended centerline of LaFayette Street; thence North along said centerline until same as extended intersects the centerline of Forsyth Street; thence East along said centerline until same is intersected by the extended centerline of Mathews Street; thence North along said centerline until same is intersected by the centerline of Carleeta Street; thence West along said centerline following the curvature thereof until same becomes known as Jackson Street; thence continuing Southerly along the centerline of Jackson Street until same is intersected by the centerline of Forsyth Street; thence West along said centerline until same is intersected by the centerline of Main Street; thence North along said centerline until said street becomes known as Mill Street; thence continuing North along Mill Street until
same is intersected by the extended centerline of First Street; thence East along said
centerline until same as extended intersects the centerline of Jenkins Street; thence South

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along said centerline until same as extended intersects the centerline of Washington Street; thence Northeasterly along said centerline until same is intersected by the extended centerline of Hall Street; thence Southeasterly along said centerline crossing over the right of way of the Central of Georgia Railroad and intersecting the centerline of Rail-
road Street; thence Northeasterly along the said centerline until the centerline of Railroad Street merges with the centerline of Sims Street; thence continuing Northeasterly until said centerline intersects the Northeastern city limits of Barnesville, Georgia; thence in a
Southeasterly direction along the city limits of Barnesville, Georgia following the
curvatures and changes thereof until reaching the point of beginning. Ward No. 5: Beginning where the centerline of Gordon Road intersects the South-
easterly city limits of Barnesville, Georgia; thence West along said centerline until same is intersected by the centerline of Honeysuckle Lane; thence North along said centerline until same is intersected by the centerline of Holmes Street; thence West along the center-
line of Holmes Street until same is intersected by the centerline of Thomaston Street; thence Southwesterly along said centerline until same intersects the Southwesterly city limits of Barnesville, Georgia; thence in a Southeasterly direction along the city limits of
Barnesville, Georgia following the curvatures and changes thereof until reaching the point
of beginning.

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 1017.

By Representative Sizemore of the 136th:
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 H.R. No. 80-249 enacted at the 1961 session of the General Assembly and which was duly ratified at the 1962 general election (Ga. L. 1961, p. 624) and 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 1091. By Representative Barnett of the 10th: A bill to provide for a Forsyth County Board of Registrations and Elections.

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

HB 1093.

By Representatives Powell of the 145th and Royal of the 144th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Colquitt County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.

WEDNESDAY, MARCH 4, 1987

1683

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

HB 1094. By Representative Byrd of the 153rd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing bodies of Jeff Davis County and each of the political subdivisions located in Jeff Davis County to exempt from ad valorem taxation, the capital improvements of new industries and businesses.

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

HB 1095. By Representative Reaves of the 147th:
A bill to provide that future school superintendents of the Brooks 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.

HB 1096. 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 providing for the merger of the existing independent school system of the City of Quitman and the existing school district of Brooks County lying outside the corporate limits of said city into one school system coextensive with the limits of Brooks 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 1097.

By Representative Reaves of the 147th:
A bill to amend an Act creating a new charter for the City of Lake Park, so as to change the provisions relating to and to provide for the corporate limits of said city.

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.

HB 1098.

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 Clayton County Water Authority, so as to change the compensation of the chairman, secretary, and other 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 1101.

By Representatives Jamieson of the llth, Dover of the llth and 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 Banks County Industrial Building Authority and providing for powers, authority, funds, purposes, and procedure connected 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 1102.

By Representatives Barnett of the 59th, Bannister of the 62nd, Goodwin of the 63rd, Mobley of the 64th, Wall of the 61st and others:
A bill to repeal an Act providing for a board of elections in each county of this state having a population of not less than 66,000 and not more than 73,000 according to the 1970 United States decennial census or any future such census (now not less than 158,000 and not more than 168,000 according to the 1980 United States decennial census or any future such census).

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

HB 1103.

By Representative Smith of the 78th:
A bill to amend an Act creating the board of commissioners of Butts County, so as to change certain provisions relating to the election of the five-member board of commissioners and remove certain provisions relating to voting precincts.

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

WEDNESDAY, MARCH 4, 1987

1685

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

HB 1104.

By Representative Bray of the 91st:
A bill to amend an Act changing the compensation of the members of the board of commissioners of Talbot County, so as to change the compensation of the members 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 1105.

By Representative Peters of the 2nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Catoosa 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 1106.

By Representative Peters of the 2nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for sewage districts for the County of Catoosa.

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

HB 1107.

By Representatives Ramsey of the 155th and Smith of the 156th:
A bill to amend an Act implementing the Brunswick and Glynn County Development Authority, so as to change the method of appointing the membership; to amend the term of office of such membership.

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

HB 1108. By Representative Ray of the 98th:
A bill to amend an Act establishing the City of Byron, so as to authorize the City of Byron to have and be authorized to exercise all redevelopment and

1686

JOURNAL OF THE HOUSE,

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 1109.

By Representative Ray of the 98th:
A bill to amend an Act establishing the board of commissioners of Peach County, so as to authorize Peach County to have and be authorized to exercise all redevelopment and other powers authorized or granted counties pursuant to the "Redevelopment Powers 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 1110.

By Representative Ray of the 98th:
A bill to amend an Act creating a new charter for the City of Fort Valley, so as to authorize Fort Valley to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the "Redevelopment Powers 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 1111.

By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to amend an Act making provisions for the Magistrate Court of Houston County, so as to provide for the collection of additional costs in cases before the Magistrate Court of Houston County as law library fees.

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

HB 1112.

By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to amend an Act creating and establishing the State Court of Houston County, so as to change the provisions relating to costs in civil cases in said court.

WEDNESDAY, MARCH 4, 1987

1687

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

HB 1113.

By Representatives Dover of the llth and Jamieson of the llth:
A bill to amend an Act creating a board of commissioners of White County, so as to recreate the board of commissioners of White County to consist of a chairman and two other members.

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

HB 1118.

By Representatives Thomas of the 69th, Simpson of the 70th and Shepard of the 71st:
A bill to amend an Act establishing the State Court of Carroll County, so as to provide for expenses of the solicitor in collecting fines and forfeitures.

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

HB 1120.

By Representatives Smith of the 152nd, Moody of the 153rd and Byrd of the 153rd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Brantley 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 1121.

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 for the creation of one or more community improvement districts in Clayton County and in each municipality therein.

The report of the Committee, which was favorable to the passage of the Bill, was 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 1122. By Representatives Bailey of the 72nd, Benefield of the 72nd, Johnson of the 72nd, Holcomb of the 72nd and Lee of the 72nd:
A bill to create the Clayton County Tourism Authority.

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

SB 338. By Senator Baldwin of the 29th:
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 West Point to increase its bonded indebtedness for the purpose of flood protection; to provide the authority for this Act.

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

Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following Bill of the House was taken up for consideration and read the third time:

HB 1092.

By Representative Mobley of the 64th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment granting a $2,000.00 homestead exemption from municipal ad valorem taxes to each resident of the Town of Auburn.

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

Aaron Y Adams.G Y Adams.M YAiken YAlford
Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron
Barnett.B Barnett.M YBeck
Y Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks

Y Brown
YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Childs Y Clark.B Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper
Couch YCox Y Crawford
Crosby Y Cummings

Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
YDunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty

YHays
Y Heard Y Hensley Y Herbert Y Holcomb
Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson, W
Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane,D Y Lane,R
Langford Y Lawler Y Lawrence Y Lawson YLee

Y Linder Y Long YLord Y Lucas
Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore
Morton Y Mostiler
Moultrie Y Mueller Y Oliver
Orrock Y Padgett Y Pannell

WEDNESDAY, MARCH 4, 1987

1689

YParham Y Parrish
Y Patten Y Peters Y Pettit
Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T

Y Ramsey.V Randall
Y Ransom Ray
Y Reaves Y Redding
Richardson Y Ricketson
Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard

Y Sherrod Y Simpson Y Sinkfield Y Sizemore
Smith,L Y Smith.P Y Smith.T Y Smith,W
Y Smyre Y Snow Y Stancil Y Stanley Y Steinberg

Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Townsend
Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall

Ware Y Watson Y Watta Y White
Wilder Y Williams,B
Williams,J Wilson Y Wood Y Workman Y Yeargin
Y Young Murphy,Spkr

On the passage of the Bill, the ayes were 149, nays 0. The Bill, having received the requisite two-thirds 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 384. By Senator Barnes of the 33rd:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the amount of compensation of the judges of the second division of the State Court of Cobb County; to authorize the governing authority to pay employee contributions to the Trial Judges and Solicitors Retirement Fund on behalf of the judges of the second division of the State Court of Cobb County.

SB 386. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, as amended, so as to provide that the city shall have and shall be authorized to exercise all redevelopment powers and other powers which are granted or authorized to be granted to municipalities pursuant to the "Redevelopment Powers Law," Chapter 44 of Title 36 of the Official Code of Georgia Annotated, as now or hereafter amended.

SB 387. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to authorize Chatham 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; to provide for a referendum.

HB 171. By Representatives Lawler of the 20th, Cooper of the 20th, Thompson of the 20th, Wilson of the 20th, Hensley of the 20th and others:
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 643. By Representative Thompson of the 20th:
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.

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JOURNAL OF THE HOUSE,

HB 838. By Representatives Smith of the 156th and Ramsey of the 155th:
A bill to amend an Act creating a board of commissioners of Glynn County, so as to change the expense allowance of the chairman and members of the board.

HB 845. By Representatives Isakson of the 21st, Gresham of the 21st, Cooper of the 20th, Thompson of the 20th, Atkins of the 21st and others:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to change the compensation of said judge.

HB 875. By Representatives Gresham of the 21st, Isakson of the 21st, Atkins of the 21st, Hensley of the 20th, Aiken of the 21st 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 tax commissioner and the chief clerk of the tax commissioner.

HB 881. By Representatives Hensley of the 20th, Thompson of the 20th, Isakson of the 21st, Cooper of the 20th, 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 deputy clerk of the superior court.

HB 898. By Representatives Atkins of the 21st, Cooper of the 20th, Wilder of the 21st, Thompson of the 20th, Isakson of the 21st and others:
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 change the salary of the chief deputy sheriff of Cobb County; to change the compensation of the chief investigator for Cobb County.

HB 899. By Representatives Atkins of the 21st, Cooper of the 20th, Wilder of the 21st, Thompson of the 20th, Aiken of the 21st and others:
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 provide for an executive secretary for the sheriff.

HB 909. By Representatives Cooper of the 20th, Thompson of the 20th, Wilder of the 21st, Aiken of the 21st, Lawler of the 20th 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 and the chairman of said board.

HB 926. By Representative Sizemore of the 136th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Worth County during designated

WEDNESDAY, MARCH 4, 1987

1691

registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.

HB 927. By Representative Sizemore of the 136th:
A bill to amend an Act creating a new charter for the City of Poulan, so as to change the corporate limits of the city.

HB 928. By Representative Sizemore of the 136th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Worth County Development Authority.

HB 929. By Representative Sizemore of the 136th:
A bill to amend an Act creating the board of commissioners of Worth County, so as to change the compensation of the chairman of the board of commissioners of Worth County.

HB 935. By Representatives Ramsey of the 155th and Smith of the 156th:
A bill to amend an Act implementing the Brunswick and Glynn County Development Authority, so as to change the method of appointing the membership.

HB 946. By Representatives Walker of the 115th, Watson of the 114th 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 creating the Warner Robins Development Authority.

HB 947. By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th:
A bill to amend an Act to provide a new charter for the City of Holly Springs in the County of Cherokee, so as to change the corporate limits thereof.

HB 957. By Representative 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 creating the Ocilla-Irwin County Industrial Development Authority.

HB 962. By Representative Cummings of the 17th:
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 963. By Representative Cummings of the 17th:
A bill to amend an Act creating a board of commissioners of Polk County, so as to change the salary of the chairman and each of the other members of the board of commissioners of Polk County.

1692

JOURNAL OF THE HOUSE,

HB 966. By Representatives Lawler of the 20th, Aiken of the 21st, Hensley of the 20th, Atkins of the 21st, Wilder of the 21st and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.

HB 975. By Representatives Stephens of the 68th, Clark of the 13th, Thurmond of the 67th and Milford of the 13th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for the establishment of a Downtown Athens Development Authority.

HB 1012.

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 Echols County Development Authority.

HB 1013.

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 providing that effective January 1, 1979, the judge of the Probate Court of Echols County shall be also the judge of the County Court of Echols County and to provide for the compensation of said officer until otherwise provided by law.

HB 1014.

By Representative Reaves of the 147th:
A bill to amend an Act reincorporating and providing a new charter for the City of Quitman in Brooks County, so as to change the composition of the municipal governing authority, known as the board of commissioners for the City of Quitman.

HB 99. By Representatives Davis of the 29th, Thomas of the 31st, McKinney of the 35th, Brooks of the 34th and Clark of the 55th:
A bill to amend Code Section 16-5-23 of the Official Code of Georgia Annotated, relating to the crime of simple battery, so as to provide that any person who commits the offense of simple battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than three years.

HB 239. By Representatives Rainey of the 135th and Adams of the 36th:
A bill to amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act", so as to define a reportable boating accident; to require the numbering of vessels with specific exceptions; to provide that numbers assigned by the state need not be displayed on vessels documented by the United States Coast Guard.

HB 245. By Representatives Dunn of the 73rd, Ware of the 77th and Workman of the 51st:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds for workers' compensation, so as to change the definition of a municipality authorized to

WEDNESDAY, MARCH 4, 1987

1693

participate in a group workers' compensation self-insurance fund; to revise the provisions relating to excess insurance.

HB 246. By Representatives Dunn of the 73rd, Ware of the 77th and Workman of the 51st:
A bill to amend Chapter 85 of Title 36 of the Official Code of Georgia Annotated, relating to interlocal risk management agencies, so as to change certain definitions and the use of certain terms; to revise the provisions relating to excess insurance; to provide that participation in an interlocal risk management agency by a municipality or county shall not constitute waiver of sovereign immunity, except as specifically provided.

HB 264. By Representatives Porter of the 119th, Jackson of the 9th, Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Code Section 5-5-1 of the Official Code of Georgia Annotated, relating to powers of courts, so as to provide that probate courts shall have the power to correct errors and grant new trials in certain cases; to amend Code Section 17-7-170 of the Official Code of Georgia Annotated, relating to new trials, generally, so as to make editorial corrections and provide procedures and requirements for motions for new trials.

HB 297. By Representatives Richardson of the 52nd and Galer of the 97th:
A bill to amend Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privilege, so as to provide for the confidential nature of certain library records; to provide for disclosure of such records and for immunity from liability therefor.

HB 402. By Representatives Wood of the 9th, Galer of the 97th, Branch of the 137th, McKelvey of the 15th, Bailey of the 72nd and others:
A bill to amend Code Section 38-2-279 of the Official Code of Georgia Annotated, relating to the rights of public officers and employees absent on military duty as members of the organized militia or reserve forces, so as to change the provisions relative to the pay of public officers and employees while engaged in the performance of ordered military duty.

HB 450. By Representatives Buck of the 95th and Murphy of the 18th:
A bill to amend Subpart 5A of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to North Georgia College military scholarships, so as to change the number of persons who shall be selected as scholarship recipients; to provide for selection of persons from congressional districts.

HB 498. By Representatives Randall of the 101st, Bishop of the 94th and Bostick of the 138th:
A bill to amend Code Section 53-4-4 of the Official Code of Georgia Annotated, relating to inheritance by illegitimates and their offspring, so as to provide that an illegitimate child may inherit from or through the child's father if the father executed a sworn statement attesting to the parent-child relationship or if the father signed the birth certificate of the child.

HB 501. By Representatives Long of the 142nd, Bostick of the 138th, Royal of the 144th, Sherrod of the 143rd, Hanner of the 131st and others:

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A bill to amend Code Section 15-11-20 of the Official Code of Georgia Annotated, relating to placement of a deprived, abused, or neglected child in shelter care, so as to provide that placement of a child in shelter care requires approval of a juvenile court judge.

HB 605. By Representative Walker of the 85th:
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 definition of a certain term; to change certain provisions relating to the registration of charitable organizations.

HB 759. By Representatives Robinson of the 96th, Buck of the 95th, Porter of the 119th, Stancil of the 66th, Connell of the 87th and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions affecting torts, so as to provide certain tort immunity for medical students.

HB 807. By Representatives Buck of the 95th, Connell of the 87th and Stancil of the 66th:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to authorize the corporation to guarantee service cancelable loans made to certain students even if such loans do not meet all requirements of the federal act; to repeal Code Section 20-3-278, relating to reports as to loan commitment agreements, statements to borrowers, administration fees, and reports of agreement terminations.

HB 809. By Representatives Pinkston of the 100th, Beck of the 148th and Long of the 142nd:
A bill to amend Code Section 20-3-266 of the Official Code of Georgia Annotated, relating to powers and duties of the Georgia Higher Education Assistance Corporation, so as to authorize the corporation to broaden the definition of the terms "student" and "eligible student".

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

HR 76. By Representatives Adams of the 79th, Herbert of the 76th and Mostiler of the 75th:
A resolution urging the United States Congress to adopt certain legislation relating to the Social Security Act.

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

HB 266. By Representatives Porter of the 119th, Jackson of the 9th, Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a notice of suspension of a driver's license by the court; to change the definition of a habitual violator;

WEDNESDAY, MARCH 4, 1987

1695

to change the time period within which a habitual violator may apply for a probationary driver's license.

HB 277. By Representative Johnson 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 change the definition of accumulated contributions; to change the method of making employee contributions to the retirement system; to provide that employers shall make employee contributions on behalf of members.

HB 302. By Representatives Galer of the 97th, Pannell of the 122nd, Robinson of the 96th and Bishop of the 94th:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support, so as to provide for the method of service of process in proceedings to enforce grants of alimony and child support by attachment for contempt; to provide that the motion and rule nisi shall be served by the clerk of court by mail together with a notice and acknowledgment of service.

HB 833. By Representatives Triplett of the 128th, Mueller of the 126th, Johnson of the 123rd, Pannell of the 122nd and Hamilton of the 124th:
A bill to amend an Act creating a charter for the City of Bloomingdale, so as to include certain additional territory within the corporate limits.

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

HB 27. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, so as to provide for the appointment of an investigator for each judicial circuit; to amend Code Section 45-18-1 of the Official Code of Georgia Annotated, relating to definitions affecting the state employees' health benefit plan, so as to include district attorneys' investigators as employees for purposes of the plan.

HB 724. By Representatives Thompson of the 20th and Robinson of the 58th:
A bill to amend Code Section 48-6-20 of the Official Code of Georgia Annotated, relating to definitions concerning the taxation of intangible personal property, so as to provide a definition to clarify the meaning of domesticated foreign corporations.

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

HB 810. By Representative Bishop of the 94th:
A bill to amend Code Section 12-3-194 of the Official Code of Georgia Annotated, relating to the powers of the Stone Mountain Memorial Association generally, so as to provide that the association shall be empowered to sell, upon obtaining a license from the Department of Revenue, alcoholic beverages for consumption on the premises only upon property operated or controlled by the association.

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HB 662. By Representatives Smyre of the 92nd, Ware of the 77th, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions affecting the Department of Administrative Services, so as to provide for a program of insurance and selfinsurance against liability for state authorities.

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

SB 384. By Senator Barnes of the 33rd:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the amount of compensation of the judges of the second division of the State Court of Cobb County; to authorize the governing authority to pay employee contributions to the Trial Judges and Solicitors Retirement Fund on behalf of the judges of the second division of the State Court of Cobb County.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 386. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, as amended, so as to provide that the city shall have and shall be authorized to exercise all redevelopment powers and other powers which are granted or authorized to be granted to municipalities pursuant to the "Redevelopment Powers Law," Chapter 44 of Title 36 of the Official Code of Georgia Annotated, as now or hereafter amended.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 387. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to authorize Chatham 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; to provide for a referendum.
Referred to the Committee on State Planning & Community Affairs - Local.
Representative Walker of the 85th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate:
SB 177. By Senators Peevy of the 48th, Edge of the 28th and Howard of the 42nd:
A bill to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to regulation of gasoline marketing practices, so as to prohibit a refiner, producer, or manufacturer of automotive gasoline from opening and from directly or indirectly operating a retail service station for the retail sale of gasoline.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron Y Adams.G N Adams.M

Y Aiken N Alford
Alien

N Athon N Atkins N Bailey

N Balkcom Y Bannister N Bargeron

N Barnett.B Y Barnett.M Y Beck

WEDNESDAY, MARCH 4, 1987

Y Benefield Benn
N Birdsong
N Bishop N Bostick N Branch NBray N Brooks N Brown YBuck N Buford
Byrd N Carrell N Carter Y Chambless N Chance Y Cheeks N Childers N Childs N Clark.B N Clark,L Y Colbert N Coleman Y Colwell N Connell N Cooper Y Couch
NCox Y Crawford
Crosby N Cummings Y Davis,G Y Davis,M

N Dixon N Dobbs N Dover N Dunn N Edwards Y Felton Y Floyd
Foster Y Galer NGodbee Y Goodwin
Green N Greene NGreer Y Gresham Y Griffin N Groover
N Hamilton N Manner N Harris
Hasty YHays N Heard
Y Hensley N Herbert N Holcomb Y Holmes N Hooks N Hudson Y Isakson
N Jackson,J Y Jackson.W N Jamieson

N Johnson,D N Johnson,R
N Kilgore N Kingston
Lane.D N Lane.R Y Langford N Lawler Y Lawrence N Lawson NLee Y Under N Long NLord Y Lucas Y Lupton N Mangum N Martin N McDonald N McKelvey
McKinney N Milam N Milford N Mobley N Moody N Moore Y Morton Y Mostiler
Moultrie Y Mueller N Oliver
Y Orrock N Padgett

N Pannell
N Parham N Parrish N Patten Y Peters N Pettit
Phillips Pinkston Y Pittman N Porter N Powell N Prichard
N Rainey N Ramsey.T Y Ramsey.V N Randall Y Ransom YRay N Reaves N Redding N Richardson N Ricketson
Robinson.C Y Robinson.P Y Royal N Selman N Shepard N Sherrod N Simpson Y Sinkfield Y Sizemore
Smith.L Y Smith,?

On the motion, the ayes were 56, nays 105. The motion was lost.

1697
N Smith.T Y Smith, W
Smyre N Snow N Stancil Y Stanley Y Steinberg N Stephens N Thomas.C N Thomas.M N Thompson N Thurmond Y Townsend Y Triplet! N Twiggs Y Waddle
Waldrep Y Walker.C N Walker.L Y Wall N Ware N Watson N Watts N White Y Wilder Y Williams.B
Williams.J Wilson N Wood N Workman N Yeargin Y Young Murphy.Spkr

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

HR 340. By Representatives Richardson of the 52nd and Couch of the 40th:
A resolution commending President Noah Langdale, Jr., of Georgia State University and inviting him to appear before the House of Representatives.

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

HB 833. By Representatives Triplett of the 128th, Mueller of the 126th, Johnson of the 123rd, Pannell of the 122nd and Hamilton of the 124th:
A bill to amend an Act creating a charter for the City of Bloomingdale, so as to include certain additional territory within the corporate limits.

The following Senate substitute was read:

A BILL
To amend an Act creating a charter for the City of Bloomingdale, approved March 25, 1974 (Ga. L. 1974, p. 3439), as amended, particularly by an Act approved March 17, 1978 (Ga. L. 1978, p. 4076) and an Act approved April 12, 1982 (Ga. L. 1982, p. 4298), so as to include certain additional territory within the corporate limits; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a charter for the City of Bloomingdale, approved March 25, 1974 (Ga. L. 1974, p. 3439), as amended, particularly by an Act approved March 17, 1978 (Ga. L. 1978, p. 4076) and an Act approved April 12, 1982 (Ga. L. 1982, p. 4298), is amended by adding a new subsection (d) at the end of Section 1.03 to read as follows:
"(d) The corporate limits of the City of Bloomingdale shall also include the territory described as follows:
TRACT I
Point of Beginning: The present intersection of the northern boundary line of the Bloomingdale City limits and the Chatham/Effingham County line; thence in a northerly direction along the said Chatham/Effingham County line to the intersection of said county line with the northern right of way line of Highway 80; thence in an easterly direction along the northern right of way line of Highway 80 to the intersection of the present western city limits of the City of Bloomingdale and the northern right of way line of Highway 80; thence in a southern direction along the western city limits of the City of Bloomingdale to a certain point where the City limits turns in a westerly direction and becomes the northern boundary line of the City of Bloomingdale; thence along this boundary line in a westerly direction to the point where this above mentioned northern boundary line intersects the Chatham/Effingham County line (by point of beginning).
TRACT II
Beginning at the intersection of the Little Ogeechee River (the present corporate limits) and the northern right-of-way line of the Savannah Electric and Power Company's high voltage transmission line (erected in the fall of 1941) and in a westerly direction along said right-of-way line for a distance of 3,000 feet to a point on said right-of-way line, then in a southwesterly direction in a straight line a distance of 2,000 feet to a point on the eastern right-of-way line of the eastern fork of the Osteen Road (also known as the Lightsey Road), then in a southerly direction along said eastern right-of-way line to a point where said road intersects the northern rightof-way of Interstate 16. Then in a southerly direction across Interstate 16 to the southern right-of-way line of Interstate 16, then in a easterly direction along said right-of-way to the point of the beginning of the southern right-of-way line of the southwestern ramp of Interstate 16 leading to Ga. 17, then along said right-of-way line to the end of Ga. 17, then across the end of Ga. 17 to the eastern right-of-way line of the New Little Neck Road, then in a southerly direction a distance of 4,100 feet to the northern right-of-way line of the Red Hill Road. Then in a easterly direction along the northern right-of-way line of the Red Hill Road for a distance of 2,000 feet to a point where said Red Hill Road intersects the Old Little Neck Road. Then in a continuing easterly direction for a distance of 1,400 feet to the channel of the Little Ogeechee River, then in a northerly direction along the channel of the Little Ogeechee River a distance of 2,400 feet to a point where the said Little Ogeechee River intersects the southern right-of-way line of Interstate 16, then in an easterly direction along the southern right-of-way line of Interstate 16 for a distance of 1,250 feet to the corporate limits of the City of Pooler. Then in a northerly direction a distance of 300 feet to the northern right-of-way line of Interstate 16, then in a westerly direction along the northern right-of-way line of Interstate 16 for a distance of 1,000 feet to the channel of the Little Ogeechee River, then in a northerly and westerly direction along said channel to the existing corporate limits of the City of Bloomingdale. Then in a continuing westerly direction a distance of 2,500 feet along said channel of the Little Ogeechee River to a point. Then at this point at a 90 degree angle in a southerly direction a distance of 250 feet to a point on the northern right-of-way line of Interstate 16, then along said northern right-of-way in a westerly direction to the northeastern ramp leading to Ga. 17. Then along the northeastern right-of-way line of said ramp to a point where said ramp intersects Ga. 17, then in a northerly direction along the eastern right-of-way line of Ga. 17 to the Little Ogeechee River (present corporate limits), then in a northwesterly direction along the channel of the

WEDNESDAY, MARCH 4, 1987

1699

Little Ogeechee River to the intersection with the northern right-of-way line of the Savannah Electric and Power Company's transmission line to the point of beginning."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Triplett of the 128th moved that the House agree to the Senate substitute to HB 833.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

HB 724. By Representatives Thompson of the 20th and Robinson of the 58th:
A bill to amend Code Section 48-6-20 of the Official Code of Georgia Annotated, relating to definitions concerning the taxation of intangible personal property, so as to provide a definition to clarify the meaning of domesticated foreign corporations.

The following Senate amendment was read:

Amend HB 724 by adding on line 9 of page 1, after the word and semicolon "state;", the following:
"to exempt certain stock from intangible taxes;".

By striking lines 31 and 32 on page 2 and lines 1 through 4 on page 3 in their entirety and substituting in lieu thereof the following:
'"(16) Stock held in a foreign corporation which was a party to a reorganization with a Georgia corporation prior to January 1, 1986, under the provisions of Part 19 of Article 2 of Chapter 1 of Title 7 and the stock of which Georgia corporation was exempt from such tax prior to such reorganization.'"

Representative Thompson of the 20th moved that the House agree to the Senate amendment to HB 724.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford
Alien Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Bamett,B Y Barnett,M Beck
Y Benefield
Benn
Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks
Brown YBuck

Y Buford YByrd Y Carrell 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 Couch YCox Y Crawford
Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs

Y Dover YDunn Y Edwards
Y Felton Y Floyd
Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin
Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard Y Hensley Y Herbert Y Holcomb Y Holmes

Y Hooks
Hudson Y Isakson Y Jackson,J Y Jackson, W
Y Jamieson Y Johnson,D Y Johnson,R Y Kilgore
Y Kingston Y Lane.D Y Lane.R
Langford Y Lawler
Lawrence Y Lawson YLee Y Linder YLong
Lord
Y Lucas Y Lupton
Mangum Martin Y McDonald

Y McKelvey McKinney
Y Milam
Y Milford Y Mobley
Y Moody Y Moore Y Morton Y Mostiler Y Moultrie
Y Mueller Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters
Pettit
Phillips Pinkston
Y Pittman Y Porter Y Powell

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JOURNAL OF THE HOUSE,

YPrichard Y Rainey
Ramsey.T YRamsey.V YRandall Y Ransom
Ray Reaves Redding
Richardson Ricketson

Y Robinson.C Y Robinson,? Y Royal Y Selman Y Shepard Y Sherrod
Simpson Y Sinkfield Y Sizemore
Y Smith.L Y Smith,?

Y Smith.T Smith, W Smyre
Y Snow Stancil
Y Stanley Y Steinberg Y Stephens
Thomas.C
Y Thomas.M Y Thompson

Y Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Walker,L Y Wall
Y Ware Y Watson

On the motion, the ayes were 142, nays 0. The motion prevailed.

Y Watts V White
Wilder Y Williams.B
Wi hams,J Wilson Wood Y Workman Y Yeargm
Y Young Murphy.Spkr

The following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in substituting or amending the same:

HB 209. By Representatives Chambless of the 133rd, Smyre of the 92nd, Thomas of the 69th, Robinson of the 96th, Pannell of the 122nd and others:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to change the provisions relating to indemnification of directors, officers, employees, or agents of business corporations; to provide for advancement of certain expenses; to provide for continuation of indemnification and advancement of expenses.

Representative Chambless of the 133rd moved that the House insist on its position in disagreeing to the Senate substitute to HB 209 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, Robinson of the 96th and Groover of the 99th.

HB 185. By Representatives Bray of the 91st, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions relating to the deadline for transmission of certain qualifying fees to the superintendent of the county or the Secretary of State; to change the provisions relating to the filing deadline for certain notices of candidacy.

Representative Bray of the 91st moved that the House insist on its position in disagreeing to the Senate amendment to HB 185 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:

WEDNESDAY, MARCH 4, 1987

1701

Representatives Bray of the 91st, Holmes of the 28th and Steinberg of the 46th.

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

HB 277. By Representative Johnson 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 change the definition of accumulated contributions; to change the method of making employee contributions to the retirement system; to provide that employers shall make employee contributions on behalf of members.

The following Senate substitute was read:

A BILL
To amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the definition of accumulated contributions; to change the method of making employee contributions to the retirement system; to provide that employers shall make employee contributions on behalf of members; to provide that such employee contributions made by employers shall be treated as employer contributions for certain tax purposes; to authorize employers to reduce the compensation of members to fund such employer payment of employee contributions; to authorize persons at least 60 years of age who become teachers to decline membership in the retirement system; to authorize certain members to remain members of the retirement system notwithstanding a change in employment status which would ordinarily require membership in the Employees' Retirement System of Georgia; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, is amended by striking paragraph (1) of Code Section 47-3-1, relating to definitions, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Accumulated contributions' means the sum of all the amounts deducted from the earnable compensation of a member or paid by the member to establish or reestablish credit for service, which amounts are credited to his individual account in the annuity savings fund, together with regular interest on such amounts, as provided in Code Section 47-3-41. Beginning July 1 1987, 'accumulated contributions' shall include the amount of employee contributions paid by employers on behalf of members and credited to the individual accounts of members in the annuity savings fund, together with regular interest thereon."
Section 2. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 47-3-41, relating to the annuity savings fund and employee contributions, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) After the commencement date, each employer shall cause to be deducted from the salary of each member for each and every payroll period 6 percent of his earnable compensation; but no such deduction shall be made from the compensation of a member after the close of the school, fiscal, or contract year in which the member has attained age 65 and has completed 40 or more years of creditable service. In determining the amount earnable by a member in a payroll period, the employer may consider the annual rate of compensation payable to such member on the first day of the payroll period as continuing throughout such payroll period. The employer may omit the deduction from compensation for any period which is less than a full payroll period, if a

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JOURNAL OF THE HOUSE,

teacher was not a member on the first day of the payroll period. In order to facilitate the making of deductions, the employer may modify the deductions required of any member by an amount not to exceed one-tenth of 1 percent of the annual compensation, on the basis of which such deductions are to be made. Each employer shall immediately pay the amount deducted to the board of trustees, in such manner as the board of trustees shall prescribe, which amount shall be credited by the board of trustees to the individual accounts in the annuity savings fund of the member from whose compensation the deductions were made . Beginning July 1^ 1987, the employee contributions required under this paragraph shall be paid as provided in Code Section 47-3-41.1;"
Section 3. Said chapter is further amended by adding immediately following Code Section 47-3-41 a new Code Section 47-3-41.1 to read as follows:
"47-3-41.1. (a) Beginning on July 1, 1987, each employer shall pay to the board of trustees on behalf and to the credit of each member required to make employee contributions under subsection (a) of Code Section 47-3-41, on each and every payroll period, the employee membership contributions specified by said subsection (a) of Code Section 47-3-41 for membership service acquired after June 30, 1987.
(b) Employee contributions made by employers on behalf of members as provided in subsection (a) of this Code section shall be treated as employer contributions in determining federal tax treatment under the United States Internal Revenue Code; provided, however, employers shall continue to withhold federal income taxes on the basis of such contributions until the Internal Revenue Service or the federal courts rule that, pursuant to Section 414 (h) of the United States Internal Revenue Code, these contributions shall not be included as gross income of the employee until such time as they are distributed or made available.
(c) Each employer may reduce the compensation payable to a member in an amount not exceeding the amount of the employee contribution paid by the employer on behalf of the member as provided in subsection (a) of this Code section. Such reduction in compensation may be made, notwithstanding the fact that the compensation provided by or pursuant to law for the member may be reduced thereby.
(d) Employee contributions made by employers on behalf of members as provided in subsection (a) of this Code section shall be included in the earnable compensation of members in the computation of retirement benefits, and, except for the purposes of subsection (b) of this Code section, such contributions shall continue to be employee contributions for all purposes under this chapter.
(e) Employee contributions made by employers on behalf of members as provided in subsection (a) of this Code section shall continue to be taxable income for the purposes of Chapter 7 of Title 48, relating to Georgia income taxes, notwithstanding the fact that under subsection (b) of this Code section such contributions may be treated as employer contributions in determining federal tax treatment under the United States Internal Revenue Code.
(f) All members shall retain, have, and be subject to all other rights, privileges, obligations, and duties provided for by other provisions of this chapter and such other provisions shall remain of full force and effect with respect to any matter not specifically provided for in this Code section."
Section 4. Said chapter is further amended by adding at the end of Code Section 47-3-60, relating to membership in the retirement system, new subsections (j) and (k) to read as follows:
"(j) Any other provisions of law to the contrary notwithstanding, any person at least 60 years of age who first becomes a teacher on or after July 1, 1987, and any former member of the retirement system at least 60 years of age who has withdrawn from the retirement system employee contributions made during such former membership again becoming a teacher on or after July 1, 1987, shall have the right to decline membership in the retirement system. The right shall be exercised by sending written notice to the board of trustees on a form provided by the board for such purpose. The right must be exercised within 90 days after becoming a teacher. Any person declining membership in the retirement system pursuant to this subsection shall not at any time thereafter be

WEDNESDAY, MARCH 4, 1987

1703

eligible for membership in the retirement system. Any person failing to exercise the right provided by this subsection within 90 days after becoming a teacher shall become and remain a member of the retirement system as a condition of continued employment. Any employee contributions made during the first 90 days as a teacher by a person who exercises the right provided by this subsection shall be reimbursed to the person within 30 days after the board of trustees receives the written notice declining membership in the retirement system.
(k) Any other provisions of this chapter or of Chapter 2 of this title to the contrary notwithstanding, any member of this retirement system with five or more years of continuous membership service who is employed by Central State Hospital and who, without any break in employment, becomes employed in a position where membership in the Employees' Retirement System of Georgia is ordinarily required shall have the option to remain a member of this retirement system, notwithstanding the change in the member's employment status. Such option shall be exercised by notification, in writing, to the boards of trustees of this retirement system and the Employees' Retirement System of Georgia. The employer of any such member who exercises the option provided by this subsection shall be an employer for the purposes of this chapter."
Section 5. This Act shall become effective on July 1, 1987.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Johnson of the 72nd moved that the House agree to the Senate substitute to HB 277.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M
Aiken Y Alford
Alien Y Athon Y Atkins
Bailey Y Balkcum Y Bannister
Bargeron Barnett.B Y Barnett.M YBeck Y Benefield YBenn Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks Y Brown YBuck Y Buford Byrd Y Carrell 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 Couch YCox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn
Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin
Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert Holcomb
Y Holmes
Y Hooks Hudson
Y Isakson Y JacksonJ Y Jackson, W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson Y Lee Y Linder YLong
Lord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam
Milford Y Mobley Y Moody
Moore Y Morton

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

Y Mostiler Y Moultrie Y Mueller
Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters
Pettit Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Ramsey.T Y Ramsey.V Y Randall Y Ransom
Ray Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

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

1704

JOURNAL OF THE HOUSE,

The Speaker Pro Tern assumed the Chair.

HB 804. By Representatives Buck of the 95th, Lane of the lllth, Stancil of the 66th, Stephens of the 68th, Alford of the 57th and others:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to limitations concerning the inspection of public records, so as to provide that Article 4 of Chapter 18 of Title 50, relating to inspection of public records, shall not be applicable to certain trade secrets and proprietary information.

The following Senate amendment was read:

Amend HB 804 by inserting on line 26 of page 1 between "patented." and the quotation marks the following:
"This limitation shall not be interpreted by any court of law to include or otherwise exempt from inspection the records of any athletic association or other nonprofit entity promoting intercollegiate athletics."

Representative Buck of the 95th moved that the House agree to the Senate amendment to HB 804.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron
Barnett.B Y Barnett.M YBeck Y Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch Bray Brooks Brown YBuck Y Buford YByrd Carrell
Y Carter Chambless
Chance Y Cheeks
Y Childers Childs Clark.B
Y Clark,L

Colbert Coleman Y Colwell Connell
Cooper Y Couch YCox
Y Crawford Y Crosby Y Cummings Y Davis.G
Davis.M Y Dixon
Y Dobbs Y Dover
Dunn Edwards Y Felton Y Floyd Y Foster Y Galer
Y Godbee Y Goodwin Y Green
Y Greene Y Greer Y Gresham
Y Griffin Y Groover Y Hamilton
Manner Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert Y Holcomb
Y Holmes Y Hooks Y Hudson Y Isakson
Jackson,J Jackson.W Y Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane.R Langford Y Lawler Y Lawrence Y Lawson YLee Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald McKelvey McKinney Y Milam Y Milford
Y Mobley Y Moody Y Moore
Morton

On the motion, the ayes were 132, nays 0. The motion prevailed.

Y Mostiler
Y Moultrie Y Mueller Y Oliver
Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters
Pettit Phillips Y Pinkston Pittman Y Porter Powell Y Prichard
Y Rainey Y Ramsey.T
Ramsey.V Y Randall Y Ransom
YRay Reaves
Y Redding Y Richardson Y Ricketson
Robinson.C Y Robinson.P Y Royal
Y Selman Y Shepard Y Sherrod
Simpson Sinkfield

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

WEDNESDAY, MARCH 4, 1987

1705

Representative Jackson of the 83rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 647. By Representatives Walker of the 115th, Lee of the 72nd and Groover of the 99th:
A bill to amend Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, the "Georgia State Financing and Investment Commission Act", so as to change the definition of the term "general obligation debt" as used in said Act; to provide that said definition shall include obligations of this state issued to provide public library facilities for county and independent school systems and other governmental entities.

The following Senate substitute was read:

A BILL
To amend Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, the "Georgia State Financing and Investment Commission Act," so as to change the definition of the term "general obligation debt" as used in said Act; to provide that said definition shall include obligations of this state issued to provide public library facilities for county and independent school systems and other governmental entities and to provide loans to counties, municipal corporations, political subdivisions, local authorities, and other local government entities for water or sewerage facilities or systems; to provide that public debt may be incurred for the purpose of providing public library facilities for county and independent school systems and other governmental entities and for the purpose of providing loans to counties, municipal corporations, political subdivisions, local authorities, and other local governmental entities for water or sewerage facilities or systems; to permit the investment of general obligation bond proceeds in certain unit investment trusts and mutual funds; to provide that the Georgia Environmental Facilities Authority shall be responsible for the application and investment of the proceeds and the investment earnings of general obligation debt issued for the purpose of making loans to local governments for water and sewerage facilities; to provide that the Georgia Environmental Facilities Authority shall contract with the Georgia State Financing and Investment Commission for the investment of bond proceeds or the income therefrom in investments permitted to the Georgia Environmental Facilities Authority or to the Georgia State Financing and Investment Commission; to clarify existing law; 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. Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, the "Georgia State Financing and Investment Commission Act," is amended by striking paragraph (5) of Code Section 50-17-21, relating to the definition of terms used in said Act, and inserting in its place a new paragraph (5) to read as follows:
"(5) 'General obligation debt' means obligations of this state issued pursuant to this article to acquire, construct, develop, extend, enlarge, or improve land, waters, property, highways, buildings, structures, equipment, or facilities of the state, its agencies, departments, institutions, and those state authorities which were created and activated prior to the amendment to Article VII, Section VI, Paragraph I(a) of the Constitution of 1945, adopted November 8, 1960, for which the full faith, credit, and taxing power of the state are pledged for the payment thereof. 'General obligation debt' also means obligations of this state issued to provide educational facilities for county and independent school systems and to provide public library facilities for county and independent school systems, counties, municipalities, and boards of trustees of public libraries or boards of trustees of public library systems. 'General obligation debt' further means debt incurred to make

1706

JOURNAL OF THE HOUSE,

loans to counties, municipal corporations, political subdivisions, local authorities^ and other local governmental entities for water or sewerage facilities or systems."
Section 2. Said article is further amended by striking paragraph (3) of subsection (b) of Code Section 50-17-24, relating to the purposes for which the Georgia State Financing and Investment Commission may incur public debt, and inserting in its place a new paragraph (3) to read as follows:
"(3) Public debt for public purposes may be either general obligation debt or guaranteed revenue debt. General obligation debt may be incurred by issuing obligations to acquire, construct, develop, extend, enlarge, or improve land, waters, property, highways, buildings, structures, equipment, or facilities of the state, its agencies, departments, institutions, and those state authorities which were created and activated prior to the amendment adopted November 8, 1960, to Article VII, Section VI, Paragraph I(a) of the Constitution of 1945. General obligation debt may also be incurred to provide educational facilities for county and independent school systems and to provide public library facilities for county and independent school systems, counties, municipalities, and boards of trustees of public libraries or boards of trustees of public library systems. General obligation debt may also be incurred in order to make loans to counties, municipal corporations, political subdivisions, local authorities, and other local governmental entities for water or sewerage facilities or systems. It shall not be necessary for the state or a state authority to hold title to or otherwise be the owner of such facilities or systems. General obligation debt for these purposes may be authorized and incurred for administration and disbursement by a state authority created and activated before, on, or after November 8j 1960. Guaranteed revenue debt may be incurred by guaranteeing the payment of revenue obligations issued by an instrumentality of the state if such revenue obligations are issued to finance toll bridges, toll roads, or any other land public transportation facilities or systems, or water or sewage treatment facilities or systems, or to make or purchase, or lend or deposit against the security of, loans to citizens of the state for educational purposes; provided, however, that in no event shall general obligation debt or guaranteed revenue debt be incurred for water or sewage treatment facilities or systems for counties or municipalities unless such facilities are financed in whole or in part through an instrumentality of the state created by the General Assembly for the purpose of assisting the state, counties, or municipalities in the financing of water or sewage treatment facilities or systems for the benefit of the citizens of Georgia. General obligation debt or guaranteed revenue debt may be incurred to fund or refund any such debt or to fund or refund any obligations issued upon the security of contracts to which the second paragraph of Article IX, Section VI, Paragraph I(a) of the Constitution of Georgia of 1976 is applicable."
Section 3. Said article is further amended by striking subsection (b) of Code Section 50-17-27, relating to proceeds of public debt, and inserting in its place a new subsection 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 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, Federal Farm Credit Banks, or to tax exempt obligations issued by any state, county, municipal corporation, district, or political subdivision, or civil division or public instrumentality of any such government or unit of such government, or to the units of any unit investment trusts the assets of which are exclusively invested in obligations of the type described above, or to the shares of any mutual fund the investments of which are limited to securities of the type described above and distributions from which are treated for federal income

WEDNESDAY, MARCH 4, 1987

1707

tax purposes in the same manner as the interest on said obligations, provided that at the time of investment such obligations or the obligations held by any such unit investment trust or the obligations held or to be acquired by any such mutual fund are limited to obligations which are rated within one of the top two rating categories of any nationally recognized rating service or any rating service recognized by the commissioner of banking and finance, 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. Said article is further amended by adding at the end of Code Section 50-17-27, relating to proceeds of public debt, a new subsection (c) to read as follows:
"(c) Notwithstanding subsections (a) and (b) of this Code section, the Georgia Environmental Facilities Authority shall be the state authority responsible for the proper application of the proceeds of public debt issued under this article for the purpose of making loans to counties, municipal corporations, political subdivisions, local authorities, and other local governmental entities for water or sewerage facilities or systems. Proceeds from the sale of such bonds shall be paid to the authority, which shall hold them in trust for their original purposes as set forth in the authorization of the General Assembly, as provided by law and in accordance with the rules and regulations established by the authority. Bond proceeds held by the authority shall be as fully invested as is practicable, consistent with the proper application of such proceeds for the purposes intended, and the authority shall contract with the Georgia State Financing and Investment Commission for the purpose of investing any such bond proceeds and the income therefrom. Investments shall be limited to those permitted to the authority or the Georgia State Financing and Investment Commission in the laws providing for their creation and activities. Income earned on any such investments of bond proceeds or the income therefrom shall be retained by the authority and used by it for its public purposes as provided by law."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 115th moved that the House agree to the Senate substitute to HB 647.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Adams.G Y Adams.M Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron
Harriett,B Y Barnett.M YBeck Y Benefield
Benn Birdsong Y Bishop Y Bostick

Y Branch
Bray Y Brooks
Brown YBuck
Y Buford YByrd
Y Carrell Y Carter
Chambless
Chance Y Cheeks Y Childers
Childs Y Clark.B Y Clark.L
Colbert Coleman Colwell Connelt

Y Cooper Y Couch YCox
Y Crawford Y Crosby Y Cummings
Davis.G Y Davis.M Y Dixon
Dobbs Y Dover
Dunn Y Edwards
Felton Y Floyd
Y Foster Y Galer Y Godbee Y Goodwin Y Green

Y Greene Y Greer
Y Gresham Y Griffin
Groover Hamilton
Y Manner Y Harris Y Hasty
YHays Y Heard Y Hensley Y Herbert Y Holcomb Y Holmes
Y Hooks Hudson Isakson
Y Jackson,J Y Jackson, W

Jamieson Y Johnson.D
Y Johnson,R Y Kilgore Y Kingston
Y Lane,D Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson YLee
Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McDonald

1708

JOURNAL OF THE HOUSE,

Y McKelvey Y McKinney
Y Milam Y Milford Y Mobley Y Moody Y Moore
Morton Y Mostiler Y Moultrie
Y Mueller Y Oliver Y Orrock Y Padgett Y Pannell
Y Parham

Y Parrish Y Patten
Y Peters Pettit Phillips
Y Pinkston Y Pittman
Porter Y Powell
Prichard
Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom
Y Ray

Y Reaves Y Redding
Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod
Simpson Sinkfield Y Sizemore Smith.L Y Smith.P
Y Smith.T

On the motion, the ayes were 135, nays 0. The motion prevailed.

Smith.W Smyre
Y Snow Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Thomas.M Y Thompson
Y Thurmond 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
Williams.J
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's disagreeing to the House amendment to the Senate substitute thereto:

HB 544. By Representatives Sinkfield of the 37th, Holmes of the 28th, Greer of the 39th, Couch of the 40th, Benn of the 38th and others:
A bill to amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, so as to change the provisions relating to the compensation of the members of the board.

Representative Sinkfield of the 37th moved that the House insist on its position in amending the Senate substitute to HB 544 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 Lane of the 27th, Greer of the 39th and Holmes of the 28th.

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

HB 302. By Representatives Galer of the 97th, Pannell of the 122nd, Robinson of the 96th and Bishop of the 94th:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support, so as to provide for the method of service of process in proceedings to enforce grants of alimony and child support by attachment for contempt; to provide that the motion and rule nisi shall be served by the clerk of court by mail together with a notice and acknowledgment of service.

The following Senate substitute was read:

A BILL
To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to extensively revise provisions relating to enforcement and collection of

WEDNESDAY, MARCH 4, 1987

1709

child support and alimony; to provide for the method of service of process in proceedings to enforce grants of alimony and child support by attachment for contempt; to provide that the motion and rule nisi may be served by mail together with a notice and acknowledgment of service; to provide that if the respondent does not complete and return the acknowledgment of service then service shall be perfected as otherwise provided by law; to provide that if such service is so required then the respondent shall be charged with the costs of such service; to change the conditions under which the Department of Human Resources shall accept applications for support enforcement services; to provide for the reimbursement of the department for attorney's fees expended in the representation of the department in support collection matters; to authorize the department to collect interest on judgments obtained in support actions initiated by the department; to limit the scope of certain support enforcement actions initiated by the department; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking Code Section 19-6-28, relating to enforcement of orders, and inserting in its place a new Code section to read as follows:
"19-6-28. (a) In addition to other powers specified in this chapter, the court shall have the power to subject the respondent to such terms and conditions as the court may deem proper to assure compliance with its orders and, in particular, shall have the power to punish the respondent who violates any order of the court to the same extent as is provided by law for contempt of the court in any other action or proceeding cognizable by the court.
(b) In any proceeding to enforce a temporary or permanent grant of alimony or child support by attachment for contempt, the petitioner may serve the motion and rule nisi by mailing a copy of the motion and rule nisi by first-class mail, postage prepaid, to the respondent at the respondent's last known address together with two copies of a notice and acknowledgment conforming substantially to the form specified in subsection (c) of this Code section and a return envelope, postage prepaid, addressed to the sender. If service is perfected by acknowledgment of service in this manner, the petitioner shall file with the court the acknowledgment of the respondent; and such filing shall constitute a return of service. If no acknowledgment of service under this subsection is received by the petitioner within 20 days after the date of such mailing, the petitioner shall notify the clerk of court and deposit the costs of service and service of such summons shall be made as provided in Code Section 9-11-4. The costs of such service shall be charged by the clerk of court to the respondent unless the respondent after motion and hearing establishes to the court that there is good reason why such person should not be so charged.
(c) The form for notice and acknowledgment under subsection (b) of this Code section shall be substantially as follows:
IN THE SUPERIOR COURT OF _____ COUNTY STATE OF GEORGIA

Plaintiff

)

Civil action

)

File no.

Defendant

1710

JOURNAL OF THE HOUSE,

RULE NISI NOTICE AND ACKNOWLEDGMENT
To: (insert the name and address of the person to be served) The enclosed motion and rule nisi are served pursuant to Official Code of Georgia Annotated Section 19-6-28. You must complete the acknowledgment part of this form and mail one copy of the completed form to the sender within 20 days of the date of mailing to you, which date is set out below. You must sign and date the acknowledgment. If you are served on behalf of another person and you are authorized to receive process, you must indicate under your signature your authority. If you do not complete and return this form to the sender within 20 days, you or the party on whose behalf you are being served will be required to pay any expenses incurred in serving a summons and complaint in any other manner permitted by law unless good and sufficient cause is shown to the contrary. If you do complete and mail this form, you or the party on whose behalf you are being served must appear and show cause why you should not be attached for contempt at the time required by the enclosed rule nisi. I declare, under penalty of perjury, that this Notice and Acknowledgment of Receipt will have been mailed on the date set out below.

Date of mailing
ACKNOWLEDGMENT OF RECEIPT OF SUMMONS AND COMPLAINT I declare, under penalty of perjury, that I received a copy of the motion and of the rule nisi in the above-captioned manner at (insert address).

Printed name of signer
service of process
Date of mailing
(d) Service in accordance with subsections (b) and (c) of this Code section is in addition to any other method of service provided by law."
Section 2. Said title is further amended by striking subsection (d) of Code Section 19-11-6, relating to child support and alimony enforcement by the Department of Human Resources, and inserting in its place a new subsection (d) to read as follows:
"(d) The department shall accept applications for alimony enforcement services from any proper party or person if the right to alimony has been assigned to the department. The application for enforcement shall apply only to alimony while there is a court order for alimony, while the spouse is receiving public assistance, a*d while th spouse is receiving public ftssistftnce tot ft cnild ot the spouse ordered to pfty fliiniony dependent child is living with the spouse or former spouse, and while a child support obligation is also being enforced by the department."
Section 3. Said title is further amended by adding at the end of Code Section 19-11-7 of the Official Code of Georgia Annotated, relating to the right of the Department

WEDNESDAY, MARCH 4, 1987

1711

of Human Resources to bring actions for support generally, new subsections (d), (e), and (f) to read as follows:
"(d) The court may award reasonable attorney's fees to the prevailing party. (e) The department may collect the legal rate of interest on any judgment obtained in any support action initiated by the department. (f) Any action initiated by the department pursuant to subsections (a) and (b) of this Code section or in any action in which the department appears pursuant to subsections (a) and (b) of this Code section shall be limited solely to the issue of support and shall exclude issues of visitation, custody, property settlement, or other similar matters otherwise joinable by the parties."
Section 4. Said title is further amended by adding at the end of Code Section 19-11-8, relating to duties of the Department of Human Resources with respect to support enforcement, a new subsection (c) to read as follows:
"(c) Any action initiated by the department pursuant to subsection (b) of this Code section or in any action in which the department appears pursuant to subsection (b) of this Code section shall be limited solely to the issue of support and shall exclude issues of visitation, custody, property settlement, or other similar matters otherwise joinable by the parties."
Section 5. This Act shall become effective on July 1, 1987. Section 1 of this Act shall apply with respect to divorce decrees entered on or after that date. Section 2 of this Act shall apply to process served on or after that date in both pending and new proceedings.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Galer of the 97th moved that the House agree to the Senate substitute to HB 302.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams,M Y Aiken Y Alford
Alien Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield Benn Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks Y Brown YBuck Y Buford YByid Y Carrell Y Carter Chambless Chance Y Cheeks Y Childers Childs Y Clark.B Y Clark,L

Colbert
Y Coleman Y Colwell
Connell Cooper Y Couch YCox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover Dunn
Edwards Y Felton Y Floyd Y Foster
Y Galer Y God bee Y Goodwin
Y Green Y Greene YGreer
Y Gresham Y Griffin
Groover
Y Hamilton Y Manner Y Harris Y Hasty YHays
Y Heard Y Hensley

Y Herbert
Y Holcorab Y Holmes Y Hooks
Hudson
YIsakson Y Jackson,J Y Jackson.W
Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston
Y Lane,D Y Lane,R Y Langford
Lawler Y Lawrence Y Lawson
Lee Y Under YLong YLord Y Lucas Y Lupton N Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morion

Y Mostiler Y Moultrie Y Mueller
Y Oliver YOrrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters
Pettit
Phillips
Y Pinkston
Y Pittman
Porter
Y Powell Prichard
Y Rainey Y Ramsey.T Y Ramsey.V
Randall
Y Ransom
Ray Y Reaves
Redding
Y Richardson Y Ricketson Y Robinson.C Y Robinson,? Y Royal YSelman Y Shepard Y Sherrod
Simpson Y Sinkfield

Sizemore Y Smith.L Y Smith,P Y Smith.T
Smith.W Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Thomas.C Y Thomas,M Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Walker.C Walker,L Y Wall Y Ware Watson
Watts
Y White
Y Wilder
Y Williams,B Williams,,]
Wilson
Y Wood
Y Workman
Y Yeargin
Young
Murphy,Spkr

1712

JOURNAL OF THE HOUSE,

On the motion, the ayes were 140, nays 1.
The motion prevailed.
HB 187. By Representatives Bray of the 91st, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, as enacted by an Act approved April 3, 1986 (Ga. L. 1986, p. 957), relating to ethics in government, so as to correct typographical, stylistic, and other errors and omissions in Chapter 5 of Title 21.
The following Senate substitute was read:
A BILL
To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, as enacted by an Act approved April 3, 1986 (Ga. L. 1986, p. 957), relating to ethics in government, so as to correct typographical, stylistic, and other errors and omissions in Chapter 5 of Title 21; to provide for necessary or appropriate revisions and modernizations of matters contained in Chapter 5 of Title 21; to change certain definitions regarding ethics in government; to provide that the State Ethics Commission shall be a successor to the State Campaign and Financial Disclosure Commission; to change certain provisions limiting membership to one complete term and provide that members of the State Campaign and Financial Disclosure Commission serving on March 1, 1987, shall be eligible for appointment as initial members of the State Ethics Commission; to provide that certain reports, records, and information shall be filed with the Secretary of State; to provide that the office of the Secretary of State shall perform the ministerial functions which the State Ethics Commission may require; to provide for certain powers, duties, and authority of the office of the Secretary of State; to provide for a secretary to the State Ethics Commission; to change certain provisions relating to criminal violations; to provide for construction of the provisions of Chapter 5 of Title 21; to provide for certain exceptions regarding certain contributions made to a candidate or campaign committee or for recall of a public officer; to change certain provisions relating to the deposit of contributions; to change certain provisions relating to the keeping of certain accounts by campaign committee treasurers; to provide for filing certain campaign disclosure reports with the Secretary of State; to change certain provisions relating to the filing of certain final reports by campaign committees which accept contributions or make expenditures designed to bring about the recall of a public officer or to oppose the recall of a public officer; to provide that certain disclosure reports shall list the total contributions received and the total expenditures made since the last report; to clarify certain provisions relating to the filing of an initial report of any campaign committee which accepts contributions or makes expenditures designed either to bring about or oppose the recall of a public officer; to provide for certain final reports; to provide for certain duties of filing officers; to provide for authority of certain filing officers to forward certain reporting forms; to provide for filing certain financial disclosure statements with the Secretary of State; to change certain provisions relating to disposition of reports and handling of complaints; to change the deadline for filing certain financial disclosure statements; to provide for the filing of certain financial disclosure statements by elected county officials and elected municipal officials; to change certain provisions relating to the contents of financial disclosure statements; to correct certain internal references to Article 3 of Chapter 5 of Title 21; to provide for verification of certain financial disclosure statements; to provide for the filing by mail of certain financial disclosure statements; to provide for the public record status of certain financial disclosure statements; 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 21 of the Official Code of Georgia Annotated, as enacted by an Act approved April 3, 1986 (Ga. L. 1986, p. 957), relating to ethics in

WEDNESDAY, MARCH 4, 1987

1713

government, is amended by striking Code Section 21-5-2, relating to declarations of policy, and inserting in its place a new Code Section 21-5-2 to read as follows:
"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; j 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 disclosure of campaign contributions and expenditures relative to the seeking of such offices, to the recall of public officials officers holding elective office, and to the influencing of voter approval or rejection of a proposed constitutional amendment er a statewide rciGrGHQuniT it ts tttc policy of tnis stste to PCQUIPC public disclosure of cAmpfti^n contri Duiions &HU expenditures wncn sucn ftwj designed to oring ftbout tne &PPFOvcti or rejection by the voters of any 2 or a 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 best served 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."
Section 2. Said chapter is further amended by striking paragraphs (2), (3), (4), (6), (9), (10), (12), (13), and (15) of Code Section 21-5-3, relating to definitions regarding ethics
in government, and inserting in their place new paragraphs (2), (3), (4), (6), (9), (10), (12), (13), and (15), respectively, to read as follows:
"(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 holding elective office or any person or any
committee which accepts contributions or makes expenditures designed to bring about
the approval or rejection by the voters of any proposed constitutional amendment^ er a state-wide referendum? T-he term 'campaign committee' skati afee mean ay pefsen or committee wnteh accepts contributions ef makes expenditures designed te bring abetrt
the approval ef rejection fey the veters ef any 2 or a 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 commissien appropriate filing officer by a candidate or the chairman chairperson 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 election; or has received contributions or made expenditures; in pursuit of such nomination or elec-
tion 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."
"(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

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recall of a public official officer 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 elec-
tion. 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 officcheHe* public officer holding elective office. 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." "(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 officer 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 the benefit of another person as an officers, directors, managers, partners, or
other designations of general responsibility of a business entity." "(12) 'Gift' means any gratuitous transfer to a public officer, the spouse of the public
officer, or any dependents of the public officer or a 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 of such life insurance contract." "(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; i (F) Every elected county official; and (G) Every elected municipal official."
Section 3. Said chapter is further amended by striking subsections (b), (e), and (g) of Code Section 21-5-4, relating to the creation of the State Ethics Commission, and inserting in their place new subsections (b), (e), and (g), respectively, to read as follows:
"(b) There is created the State Ethics Commission, with such duties and powers as are set forth in this chapter. The commission shall be a successor to the State Campaign and Financial Disclosure Commission in all matters pending before the State Campaign
and Financial Disclosure Commission on March L. 1987, and may continue to investigate, prosecute, and act upon all such matters. 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

WEDNESDAY, MARCH 4, 1987

1715

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 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] provided, however, that the members of the State Campaign and Financial Disclosure Commission serving on March 1 1987, shall be eligible for appointment as initial members of the State Ethics Commission."
"(e) The commission shall elect a chairman chairperson, a vice chairman chairperson, 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."
"(g) Meetings of the members of the commission shall be held at the call of the chairman chairperson or whenever any two members so request."
Section 4. Said chapter is further amended by striking paragraphs (9), (10), (14), and (15) of subsection (b) of Code Section 21-5-6, relating to powers and duties of the State Ethics Commission, and inserting in their place new paragraphs (9), (10), (14), and (15), respectively, to read as follows:
"(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 stone; such complaint 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 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 such complaint. 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.
(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';"
"(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;

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(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 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 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 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 of such violation;"
Section 5. Said chapter is further amended by adding a new subsection at the end of Code Section 21-5-6, relating to powers and duties of the State Ethics Commission, to be designated as subsection (c), to read as follows:
"(c) The Secretary of State, through the Secretary of State's office, shall perform the ministerial functions which the commission may require. The office of the Secretary of State shall be designated as the place where members of the public may file papers or correspond with the commission and receive any form or instruction from the commission. The Secretary of State or the Secretary of State's designee shall serve as secretary to the commission."
Section 6. Said chapter is further amended by striking Code Section 21-5-7, relating to initiation of certain complaints, and inserting in its place a new Code Section 21-5-7 to read as follows:
"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. The person against whom any complaint

WEDNESDAY, MARCH 4, 1987

1717

is made shall be furnished or mailed a copy of the complaint by the commission within five business days after the filing of such complaint. 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."
Section 7. Said chapter is further amended by striking Code Section 21-5-9, relating to certain criminal penalties, and inserting in its place a new Code Section 21-5-9 to read as follows:
"21-5-9. (a) 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.
(b) Notwithstanding any provision of subsection (a) of this Code section to the contrary, 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."
Section 8. Said chapter is further amended by adding a new Code section immediately following Code Section 21-5-9, to be designated Code Section 21-5-10, to read as follows:
"21-5-10. The provisions of this chapter, so far as they are the same as those of existing laws, are intended as a continuation of such laws and not as new enactments. The repeal by this chapter of any Act of the General Assembly, or part thereof, shall not revive any Act, or part thereof, heretofore repealed or superseded. This chapter shall not affect any act done, liability or penalty incurred, or right accrued or vested prior to the taking effect of this chapter; nor shall this chapter affect any actions or prosecution then pending, or to be instituted, to enforce any right or penalty then accrued or to punish any offense theretofore committed."
Section 9. Said chapter is further amended by striking subsections (a), (b), (c), and (d) of Code Section 21-5-30, relating to contributions made to a candidate or campaign committee or for recall of a public officer, and inserting in their place new subsections (a), (b), (c), and (d), respectively, to read as follows:
"(a) Ne Except as provided in Code Section 21-5-31, no contributions to bring about the nomination or election of a candidate for any office shall be made except directly to a candidate or such candidate's 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, which may consist of only the candidate pursuant to paragraph (2) of Code Section 21-5-3, for the purposes of maintaining records and the filing of reports as required by this chapter. Every campaign committee shall have a chairman chairperson and a treasurer, except that the candidate may serve as the chairman chairperson and treasurer. Before a campaign committee accepts contributions, the name and address of the chairman chairperson and treasurer shall be filed with the commission Secretary of State. The same person may serve as chairman chairperson 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 chairperson or treasurer thereof of the campaign committee.
(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 on such account shall be deemed contributions and may only be used for the purposes

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JOURNAL OF THE HOUSE,

allowed under this chapter. AH deposits shall be accompanrett by a bank deposit sKp containing the name of each contributor and the amount contributed by each, except that with respect te the proceeds derived from fundraisers, individual contributions of teas than $101.00 may be deposited i 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 such aggregation requirement, members of the same family, firm, or partnership or employees of the same person, as defined in paragraph (14) of Code Section 21-5-3, shall be considered to be a common source."
Section 10. Said chapter is further amended by striking Code Section 21-5-32, relating to the campaign committee treasurer, and inserting in its place a new Code Section 21-5-32 to read as follows:
"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 any savings account or certificate ef deposit and of all withdrawals made therefrom to the separate campaign depository and of all interest earned thereon on any such deposits.
by the treasurer of a campaign committee pursuant to this Code section 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 Records of such 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, or local issue; or of any recall vote."
Section 11. Said chapter is further amended by striking Code Section 21-5-34, relating to disclosure reports, and inserting in its place a new Code Section 21-5-34 to read as follows:
"21-5-34. (a) (1) The candidate or the chairman chairperson 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 chairperson 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 Secretary of State the required campaign contribution disclosure reports. In addition, a candidate for any state office or the chairman chairperson or treasurer of his er her such candidate's campaign committee shall file a copy of each of his er her such candidate's reports with the election superintendent of the county of his er her such candidate's residence.
(2) (A) 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 $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 such campaign committee by containing listing or stating 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, sakl such 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

WEDNESDAY, MARCH 4, 1987

1719

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 chairperson 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; (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 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; j and
(4) Total contributions received and total expenditures made since the last report.
(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 such reports by United States mail with adequate postage thereon affixed, 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 such 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 officer or to oppose the recall of

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a public official officer shall file campaign contribution disclosure reports with the commission Secretary of State as follows:
(1) An initial report shall be filed within 15 days of- after 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 or, in any case where such recall election is not held, a final report shall be filed prior to December 31 of any year in which such campaign committee accepts such contributions or makes such expenditures; 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. Each filing officer shall forward a copy of the reporting forms required by this Code section to each candidate or public officer holding elective office required to file such report within a reasonable time prior to each filing. (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 Secretary of State 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."
Section 12. Said chapter is further amended by striking subsection (a) of Code Section 21-5-36, relating to disposition of reports and handling of complaints and violations, and inserting in its place a new subsection (a) to read as follows:
*"(a) It shall be the duty of the commission et 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 e filing officer shall have the authority to charge a fee for copying such reports not to exceed the actual cost thereof of such copying. The commission * filing officer shall preserve 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 complaint to the commission and shall retain 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."

Section 13. Said chapter is further amended by striking subsection (a) of Code Section 21-5-50, relating to filing of certain financial disclosure statements by public officers, and inserting in its place a new subsection (a) to read as follows:

WEDNESDAY, MARCH 4, 1987

1721

"(a) Each public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the commission Secretary of State not before the first day of January nor later than February April 152 1988, and of each year thereafter in which such public officer holds office, a financial disclosure statement for the preceding calendar year. Each public officer, as defined in subparagraph (F) of paragraph (15) of Code Section 21-5-3, shall file with the election superintendent of the county of election of such public officer, not before the first day of January nor later than April 15, 1988, and of each year thereafter in which such public officer holds office, a financial disclosure statement for the preceding calendar year. Each public officer, as defined in subparagraph (G) of paragraph (15) of Code Section 21-5-3, shall file with the municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, not before the first day of January nor later than April 15, 1988, and of each year thereafter 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 Secretary of State, not later than the tenth day after which such person qualifies, a financial disclosure statement for the 12 month period ending the moth month prior to such qualification. The commission Secretary of State shall review each financial disclosure statement to determine that such statement is in compliance with the requirements of this chapter."
Section 14. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 21-5-50, relating to filing of certain financial disclosure statements by public officers, and inserting in its place a new paragraph (1) to read as follows:
\i) Ail ^llt-d, ICG9j AtlQ nOROfflPlfl FCflSOFlQQly DCllCVCQ Oy lC pUDllC OltlCCf tO fiC ttt
excess ef- $600.00 received Each monetary fee of $101.00 or more which is received by a public officer from speaking engagements, participation in seminars, discussion panels, or other activities which directly relate to the official duties of the public officer or the office of the public officer, with a statement identifying the gift fee received and the person from whom it was received;"
Section 15. Said chapter is further amended by striking Code Section 21-5-51, relating to verification of certain financial disclosure statements, and inserting in its place a new Code Section 21-5-51 to read as follows:
"21-5-51. The financial disclosure reports statements required under this peart article shall be verified by oath or affirmation of the public officer filing the fepert statement, such oath or affirmation to be taken before an officer authorized to administer oaths."
Section 16. Said chapter is further amended by striking Code Section 21-5-52, relating to filing certain financial disclosure statements by mail, and inserting in its place a new Code Section 21-5-52 to read as follows:
"21-5-52. Depositing of a properly addressed financial disclosure report statement in the United States mails with adequate postage thereon affixed shall constitute filing on the date of mailing."
Section 17. Said chapter is further amended by striking Code Section 21-5-53, relating to the public record status of certain financial disclosure reports, and inserting in its place a new Code Section 21-5-53 to read as follows:
"21-5-53. Financial disclosure reports statements filed pursuant to this part article 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 18. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 19. 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 187.

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

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford
Alien Y Athon
Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B
Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks Y Brown YBuck Y Buford YByrd
Y Carrell Y Carter
Chambless Y Chance Y Cheeks
Childers Y Childs Y Clark.B Y Clark.L

Colbert Y Coleman Y Colwell
Connell Y Cooper Y Couch YCox Y Crawford Y Crosby Y Cummings Y Davis,G Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn
Y Edwards Y Felton Y Floyd
Y Foster Y Galer
Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks
Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson.R
Y Kilgore Y Kingston
Y Lane,D Y Lane,R Y Langford
Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

On the motion, the ayes were 156, nays 0. The motion prevailed.

Mostiler
Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett
Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Y Pinkston Y Pittman Y Porter
Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
Ray Y Reaves Y Redding Y Richardson
Ricketson Y Robinson.C Y Robinson.P Y Royal
Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Sizemore Y Smith.L Y Smith,? Y Smith.T
Smith.W
Smyre Y Snow Y Stancil Y Stanley Y Steinberg Y Stephens
Y Thomas,C Y Thomas.M Y Thompson Y Thurmond
Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Wilson Y Wood Workman
Y Yeargin Young Murphy ,Spkr

The Speaker assumed the Chair.

HB 202. By Representatives Bray of the 91st, Lee of the 72nd, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Article 3 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to municipal elections, so as to provide for a uniform municipal election date; to provide for four-year terms for municipal offices; to authorize the General Assembly to provide for two-year terms and concurrent or staggered terms for municipal offices by local Acts.

The following Senate substitute was read:

A BILL
To amend Article 3 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to municipal elections, so as to provide for a uniform municipal election date; to provide for certain biennial elections; to provide for transitional terms for municipal offices; to provide for four-year terms for municipal offices; to preserve commencement of certain terms by ordinance; to authorize the General Assembly to provide for expiration of certain terms and for two-year terms and concurrent or staggered terms for municipal offices by local Acts; to authorize and require the Secretary of State to prepare necessary Code revisions; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 4, 1987

1723

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to municipal elections, is amended by repealing Article 3, relating to the dates of primaries and elections generally, in its entirety and inserting in lieu thereof a new Article 3 to read as follows:
"ARTICLE 3 Part 1
21-3-50. Whenever any political party shall hold a municipal primary to nominate candidates for offices to be filled in the ensuing municipal election, the same shall be held at least four weeks prior to the general municipal election. Notice of such primary shall be publicly issued by the municipal or other appropriate party executive committee at least 20 days prior to such primary.
21-3-51. (a) !Fhe For all general municipal elections occurring before January lj 1993, the date of the municipal election shall be specified by the charter of the municipality or, if not so specified, then by municipal ordinance. Public notice of such election shall be published by the governing authority in a newspaper of general circulation in the municipality at least 30 days prior to the election.
(b) Effective January ^ 1993, all general municipal elections to fill municipal offices shall be held on the Tuesday next following the first Monday in November in 1993 and on such day biennially thereafter. Public notice of such elections shall be published by the governing authority in a newspaper of general circulation in the municipality at least 30 days prior to the elections.
21-3-52. Whenever any political party shall hold a special primary to nominate candidates for offices to be filled in the ensuing special election, the same shall be held two weeks prior to the special election. Notice of such primary shall be publicly issued by the municipal or other appropriate party executive committee at least 15 days prior to such special primary.
21-3-53. The date of a special election shall be no earlier than 30 days and no later than 60 days after the call of such special election by the governing authority of the municipality, such call to be published promptly in a newspaper of general circulation in the municipality.
Part 2
21-3-60. (a) Except as provided in subsection (b) of this Code section and Code Section 21-3-64, all municipalities that have terms of municipal office of four years or greater as of January L, 1989, shall have the terms of office for municipal officers elected in general municipal elections held in 1989, 1990, 1991, and 1992 as follows:
(1) Municipal offices elected in 1989 shall have their terms expire December 31, 1993;
(2) Municipal offices elected in 1990 shall have their terms expire December 31. 1995j
(3) Municipal offices elected in 1991 shall have their terms expire December 31, 1995; and
(4) Municipal offices elected in 1992 shall have their terms expire December 31, 1997. (b) If a municipal charter provides that the term of a municipal office begins at the first organizational meeting in January following a general municipal election and if the municipality has terms of municipal office of four years or greater as of January 1 1989, then the local governing body may continue the commencing of the term of office as provided in the charter for all offices by passing an ordinance on or before January lj 1989, stating that intent. A certified copy of such ordinance shall be filed with the office of the Secretary of State by January 31, 1989. If such an ordinance is filed, all offices elected in 1989, 1990, 1991, and 1992 shall have their terms end as follows unless otherwise provided by local law in accordance with Code Section 21-3-64:

1724

JOURNAL OF THE HOUSE,

(1) Municipal offices elected in 1989 shall have their terms expire at the first organizational meeting in January, 1994;
(2) Municipal offices elected in 1990 shall have their terms expire at the first organizational meeting in January, 1996;
(3) Municipal offices elected in 1991 shall have their terms expire at the first organizational meeting in January, 1996; and
(4) Municipal offices elected in 1992 shall have their terms expire at the first organizational meeting in January, 1998. For the municipal offices of municipalities elected in the November, 1993, general municipal election and biennial elections thereafter, the term shall commence at the first organizational meeting in January following a municipal election if the municipalities have filed ordinances as provided under this subsection. 21-3-61. (a) Except as provided in subsection (b) of this Code section and Code Section 21-3-64, all municipalities that have terms of municipal office of either three years or one year as of January t^ 1989, shall have the terms of office for municipal officers elected in general municipal elections held in 1989, 1990, 1991, and 1992 as follows:
(1) Municipal offices elected in 1989 shall have their terms expire December 31, 1993;
(2) Municipal offices elected in 1990 shall have their terms expire December 31, 1993;
(3) Municipal offices elected in 1991 shall have their terms expire December 31, 1995; and
(4) Municipal offices elected in 1992 shall have their terms expire December 31, 1995. (b) If a municipal charter provides that the term of a municipal office begins at the first organizational meeting in January following a general municipal election and if the municipality has terms of municipal office of three years or less as of January j^ 1989, then the local governing body may continue the commencing of the term of office as provided in the charter for all offices by passing an ordinance on or before January 1^ 1989, stating that intent. A certified copy of such ordinance shall be filed with the office of the Secretary of State by January 31, 1989. If such an ordinance is filed, all offices elected in 1989, 1990, 1991, and 1992 shall have their terms end as follows unless otherwise provided by local law in accordance with Code Section 21-3-64:
(1) Municipal offices elected in 1989 shall have their terms expire at the first organizational meeting in January, 1994;
(2) Municipal offices elected in 1990 shall have their terms expire at the first organizational meeting in January, 1994;
(3) Municipal offices elected in 1991 shall have their terms expire at the first organizational meeting in January, 1996; and
(4) Municipal offices elected in 1992 shall have their terms expire at the first organizational meeting in January, 1996.
For the municipal offices of municipalities elected in the November, 1993, general municipal election and biennial elections thereafter, the term shall commence at the first organizational meeting in January following a municipal election if the municipalities have filed ordinances as provided under this subsection.
21-3-62. (a) Except as provided in subsection (b) of this Code section and Code Section 21-3-64, all municipalities that have terms of municipal office of two years as of January 1^ 1989, shall have the terms of office for municipal officers elected in general municipal elections held in 1990, 1991, and 1992 as follows:
(1) Municipal offices elected in 1990 shall have their terms expire December 31, 1993;
(2) Municipal offices elected in 1991 shall have their terms expire December 31, 1995; and
(3) Municipal offices elected in 1992 shall have their terms expire December 31, 1995.
(b) If a municipal charter provides that the term of a municipal office begins at the first organizational meeting in January following a general municipal election and if the

WEDNESDAY, MARCH 4, 1987

1725

municipality has terms of municipal office of two years as of January 1^ 1989, then the local governing body may continue the commencing of the term of office as provided in the charter for all offices by passing an ordinance on or before January 1^ 1989, stating that intent. A certified copy of such ordinance shall be filed with the office of the Secretary of State by January 31, 1989. If such an ordinance is filed, all offices elected in 1990, 1991, and 1992 shall have their terms end as follows unless otherwise provided by local law in accordance with Code Section 21-3-64:
(1) Municipal offices elected in 1990 shall have their terms expire at the first organizational meeting in January, 1994;
(2) Municipal offices elected in 1991 shall have their terms expire at the first organizational meeting in January, 1996; and
(3) Municipal offices elected in 1992 shall have their terms expire at the first organizational meeting in January, 1996. For the municipal offices of municipalities elected in the November, 1993, general municipal election and biennial elections thereafter, the term shall commence at the first organizational meeting in January following a municipal election if the municipalities have filed ordinances as provided under this subsection. 21-3-63. Effective January lj 1993, all municipal offices to be elected in the November, 1993, general municipal election and biennially thereafter shall be for terms of four years, unless otherwise provided by local law in accordance with Code Section 21-3-64. The terms for municipal offices elected in the November, 1993, general municipal election and biennially thereafter shall commence on January I following the year of a general municipal election or as otherwise provided in subsection (b) of Code Section 21-3-60, subsection (b) of Code Section 21-3-61, or subsection (b) of Code Section 21-3-62. If a municipal officer's term ends on or after January 1 1993, but prior to the first organizational meeting in 1994, and such municipal office is to be filled by a general municipal election in 1993, then that officer shall continue in office until December 31, 1993, or as otherwise provided by subsection (b) of Code Section 21-3-60, subsection (b) of Code Section 21-3-61, or subsection (b) of Code Section 21-3-62. 21-3-64. Notwithstanding Code Section 1-3-11, the General Assembly is authorized to provide by local law:
(1) For municipal offices elected in a general municipal election in 1989, 1990, 1991, and 1992 to expire after or before the dates provided in Code Section 21-3-60, Code Section 21-3-61, or Code Section 21-3-62, provided that such expiration coincides with a municipal election in 1991, 1993, or biennially thereafter;
(2) For terms of two years for municipal offices, with the local law designating the offices to be elected and the time periods covered by such terms for each office; and
(3) For municipal offices to change from concurrent terms to staggered terms or from staggered terms to concurrent terms, with the local law designating the terms for each office."
Section 2. Upon passage of this Act and its becoming law, the Secretary of State shall be authorized and required to prepare the necessary revisions in the Official Code of Georgia Annotated to bring before the General Assembly to carry out the purposes of this Act.
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 Bray of the 91st moved that the House agree to the Senate substitute to HB 202.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M

Y Aiken Y Alford
Alien

Y Athon Y Atkins Y Bailey

Y Balkcom Y Bannister Y Bargeron

Y Barnett,B Y Barnett,M Y Beck

1726

JOURNAL OF THE HOUSE,

Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks
Brown YBuck Y Buford YByrd Y Carrell
Y Carter Chambless
Y Chance Y Cheeks Y Childers Y Childs
Clark.B Y Clark.L
Colbert Y Coleman
Colwell Y Connell
Y Cooper Couch
YCox Y Crawford
Y Crosby Y Cummings Y Davis.G
Davis.M

Y Dixon YDobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Green Y Greene
Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty
YHays Y Heard Y Hensley
Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson, W
Y Jamieson

Y Johnson.D Y Johnson,R Y Kilgore Y Kingston
Y Lane.D Lane.R
Y Langford Lawler
Y Lawrence Y Lawson
YLee Y Under YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
Y McDonald Y McKelvey
McKinney Y Milam
Y Milford Y Mobley Y Moody Y Moore Y Morion
Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett

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

Y Pannell
Y Parham Y Parrish Y Patten Y Peters
Pettit Phillips Y Pinkston Pittman Y Porter Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall
Y Ransom YRay
Reaves Redding Y Richardson Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith,L Smith,P

Y Smith,T Y Smith,W
Smyre YSnow Y Stancil
Y Stanley Steinberg
Y Stephens Thomas,C
Y Thomas,M Y Thompson
Thurmond Y Townsend Y Triplett
Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L YWall
Ware Y Watson Y Watts Y White
Wilder Y Williams,B
Williams.J Wilson Wood Workman Y Yeargin
Young
Murphy.Spkr

HB 165. By Representatives Lee of the 72nd and Bray of the 91st:
A bill to amend Code Section 21-2-134 of the Official Code of Georgia Annotated, relating to the filling of vacancies in party nominations caused by the death or resignation of candidates, so as to change the provisions relating to the filling of such vacancies by a special primary.

The following Senate substitute was read:

A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions relating to the creation of joint boards of elections and joint boards of elections and registrations; to provide for certain election functions which may be performed by counties; to provide that if the death or disqualification of a candidate after nomination for any public office, except an office filled by a nonpartisan primary, would at the time of such event result in there being no candidate for that office on the ballot in the general election, then the vacancy shall be filled by a special primary which shall be open only to the party of such deceased or disqualified candidate and the office shall be filled by a special election as provided in Code Section 21-2-540; to change certain provisions relating to municipal authorization of counties to conduct certain municipal elections; to provide for certain election functions which may be performed by counties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-45, relating to creation of joint boards of elections and boards of elections and registrations, which reads as follows:

WEDNESDAY, MARCH 4, 1987

1727

"21-2-45. (a) The General Assembly may by local Act create a joint countymunicipal board of elections in any county of this state for that county and any municipality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections.
(b) The General Assembly may by local Act create a joint county-municipal board of elections and registration in any county of this state for that county and any municipality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections and empower the board with the powers and duties of the registrars and board of registrars of that municipality and county with regard to the registration of voters and absentee-balloting procedures.", and inserting in its place a new Code Section 21-2-45 to read as follows:
"21-2-45. The governing authority of any municipality may authorize any county within which that municipality wholly or partially lies to conduct any or all elections held pursuant to this chapter. In the event a municipality shall by ordinance authorize such county to conduct elections, such municipality may request such county to perform any or all of the functions:
(1) That the county shall perform all duties as superintendent of elections as specified under Chapter 3 of this title;
(2) That the county shall perform all duties as superintendent of elections as specified under Chapter 3 of this title, with the exception of the qualification of candidates; or
(3) That the county shall lease or loan any or all of its election equipment to the municipality for the purpose of conducting municipal elections without any responsibility on the part of the county for the actual conduct of the municipal election. With reference to any election, such municipality shall pay such county all costs incurred in performing those functions which the municipality has requested the county to perform; and, unless otherwise authorized, such county shall only perform those functions specifically enumerated in the contract. Such county shall have authority to conduct elections in any and all counties in which any part of such municipality may lie."
Section 2. Said title is further amended by striking subsection (d) of Code Section 21-2-134, relating to the filling of vacancies in party nominations caused by the death or disqualification of candidates, and inserting in its place a new subsection (d) to read as follows:
"(d) If the death or disqualification of a candidate after nomination for any public office, except an office filled by a nonpartisan primary, would at the time of such event result in there being no candidate for that office on the ballot in the general election, then the office vacancy shall be filled by a special primary which shall be open only to the party of such deceased or disqualified candidate and the office shall be filled by a special election as provided in Code Section 21-2-540."
Section 3. Said title is further amended by striking subsection (a) of Code Section 21-3-10, relating to authorization of certain counties to conduct certain municipal elections, and inserting in its place a new subsection (a) to read as follows:
"(a) The governing authority of any municipality may authorize any county within which that municipality wholly or partially lies to conduct any or all elections held pursuant to this chapter. In the event a municipality shall by ordinance authorize such county to conduct elections, such municipality may request such county to perform any or oil oi tne functions imposed fey this enflpter upon toe ovemin flutnonty of sucn municipalityj with reference to sny election, oucn county^ fitter consuitfltion witn trie eewrty election superintendent, shall contract with auch municipality te provide att
recjue9teQ sucn county to perform, w itn reterencc to tiny election, sucn mumcipftiity shaH pay seeh eewrfy aM costs incurred in performing those functions which th munici-
eetmty shall enty perform those functions specifically enumerated in the contract. See*

1728

JOURNAL OF THE HOUSE,

county snail have autnority to conduct elections tft any and all counties ^n wnicn any part of steh municipality fay Her:
(1) That the county shall perform all duties as superintendent of elections as specified under this chapter;
(2) That the county shall perform all duties as superintendent of elections as specified under this chapter, with the exception of the qualification of candidates; or
(3) That the county shall lease or loan any or all of its election equipment to the municipality for the purpose of conducting municipal elections without any responsibility on the part of the county for the actual conduct of the municipal election. With reference to any election, such municipality shall pay such county all costs incurred in performing those functions which the municipality has requested the county to perform; and, unless otherwise authorized, such county shall only perform those functions specifically enumerated in the contract. Such county shall have authority to conduct elections in any and all counties in which any part of such municipality may lie."
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 165.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G
Adams.M Y Aiken
Alford Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M
YBeck Y Benefield YBenn Y Birdsong Y Bishop
Bostick Y Branch YBray Y Brooks Y Brown
YBuck Y Buford YByrd
Carrell
Carter Chambless Chance Y Cheeks Y Childers Y Childs Clark.B Y Clark.L

Colbert
Y Coleman Y Colwell Y Connell Y Cooper Y Couch YCox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn
Y Edwards Felton
Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene
Greer
Y Gresham Y Griffin Y Groover
Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard Y Hensley

Herbert
Y Holcomb Y Holmes Y Hooks
Hudson Y Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Johnson.D Y Johnson.R
Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson YLee Y Under YLong Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

On the motion, the ayes were 142, nays 0.

The motion prevailed.

Mostiler Y Moultrie
Y Mueller Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters
Pettit Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Ramsey,V Y Randall Y Ransom YRay Reaves Redding Richardson Y Ricketson Robinson.C
Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield

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

HB 521. By Representative Connell of the 87th:
A bill to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to the sale of municipal property by sealed bids or auction

WEDNESDAY, MARCH 4, 1987

1729

generally, so as to provide an exception to such procedures for the sale of certain properties no longer needed for road purposes.

The following Senate substitute was read:

A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change the provisions relating to the organization of county governments; to change the provisions relating to the sale of municipal property; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding in Chapter 5, relating to the organization of county government, a new Code Section 36-5-22.1 to read as follows:
"36-5-22.1. (a) The governing authority of each county has original and exclusive jurisdiction over the following subject matters:
(1) The directing and controlling of all the property of the county, according to law, as the governing authority deems expedient;
(2) The levying of a general tax for general county purposes and a special tax for particular county purposes;
(3) The establishing, altering, or abolishing of all roads, bridges, and ferries in conformity to law;
(4) Reserved; (5) The filling of all vacancies in county offices unless some other body or official is empowered by law to so fill such vacancy; (6) The examining, settling, and allowing of all claims against the county; (7) The examining and auditing of the accounts of all officers having the care, management, keeping, collection, or disbursement of money belonging to the county or appropriated for its use and benefit and the settling of the same; (8) The making of such rules and regulations for the support of the poor of the county, for the county police and patrol, for the promotion of health, and for quarantine as are authorized by law or not inconsistent therewith; and (9) The regulating of peddling in the unincorporated areas of the county and fixing of the cost of licenses therefor. (b) Nothing in this Code section shall be construed to prohibit a local law from delegating to a chairman or chief executive officer of a county governing authority jurisdiction over any subject matter provided for in subsection (a) of this Code section."
Section 2. Said title is further amended by striking in its entirety paragraph (2) of subsection (e) of Code Section 36-37-6, relating to the sale of municipal property by sealed bids or auction generally, and inserting in its place a new paragraph (2) to read as follows:
"(2) This Code section shall not apply to the disposal of property: (A) Which is acquired by deed of gift, will, or donation and is subject to such
conditions as may be specified in the instrument giving or donating the property; (B) Which is received from the United States government or from this state pur-
suant to a program which imposes conditions on the disposal of such property; (C) Which is disposed of pursuant to the powers granted in Chapter 61 of this
title, the 'Urban Redevelopment Law,' or a homesteading program; e (D) Which is sold or transferred to another governing authority or government
agency for public purposes? j or (E) Which is no longer needed for public road purposes and which is disposed of
pursuant to Code Section 32-7-4."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

1730

JOURNAL OF THE HOUSE,

Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Connell of the 87th moved that the House agree to the Senate substitute to HB 521.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Adams.G Y Adams.M Y Aiken Y Alford
Alien
Y Athon
Y Atkins
Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield
Benn N Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks Y Brown YBuck Y Buford
YByrd Y Carrell Y Carter
Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark.L

Y Colbert Y Coleman Y Colwell Y Connell
Cooper Y Couch YCox
Crawford
Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon
Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer
Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty YHays Y Heard Y Hensley

Herbert Y Holcomb Y Holmes
Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W
Jamieson Y Johnson,D Y Johnson.R Y Kilgore Y Kingston Y Lane.D
Lane.R Y Langford
Lawler Y Lawrence Y Lawson
Lee Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey Y McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Morion

Mostiler Y Moulttie
Y Mueller Y Oliver
Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Y Pinkston Y Pittman Y Porter
Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Y Randall Ransom Ray
Y Reaves Y Redding Y Richardson
Ricketson Y Robinson.C Y Robinson,P Y Royal
Selman Y Shepard Y Sherrod Y Simpson
Sinkfield

Sizemore
Smith,L Smith,P Y Smith.T Y Smith.W Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Thompson Y Thurmond 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
Williams.J Wilson
Y Wood Workman
Y Yeargin Young Murphy.Spkr

On the motion, the ayes were 143, nays 1. The motion prevailed.

HB 141. By Representatives Childs of the 53rd, Thomas of the 69th, Waldrep of the 80th, Chambless of the 133rd and Lawrence of the 49th:
A bill to amend Code Section 16-5-45 of the Official Code of Georgia Annotated, relating to interference with custody, so as to provide that a person commits the offense of interference with custody when the person retains possession within this state of a child or committed person upon the expiration of a lawful period of visitation.

The following Senate amendment was read:

Amend HB 141 by striking from the title beginning on line 6 of page 1 the following:
"to provide exceptions;".
By striking from Section 1 beginning on line 1 of page 2 the following: "j unless a medical doctor determines that the child should not be returned at that time".

WEDNESDAY, MARCH 4, 1987

1731

Representative Childs of the 53rd moved that the House agree to the Senate amendment to HB 141.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks
Brown YBuck
Y Buford YByrd Y Carrell
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 Couch
YCox Y Crawford
Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon
Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin
Y Green Y Greene Y Greer Y Gresham
Griffin Y Groover Y Hamilton Y Manner
Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson
Isakson
Y Jackson.J Y Jackson,W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey Y McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

On the motion, the ayes were 151, nays 0. The motion prevailed.

Mostiler
Y Moultrie Y Mueller Y Oliver
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Peters Y Pettit
Phillips Y Pinkston Y Pittman Y Porter
Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall
Ransom
YRay Y Reaves
Redding Y Richardson
Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod
Simpson Y Sinkfield

Sizemore Y Smith.L Y Smith,? Y Smith,T
Y Smith,W Smyre
YSnow
Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C
Thomas.M Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs Waddle Y Waldrep Y Walker.C
Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,,! Wilson Y Wood
Workman Y Yeargin
Young Murphy,Spkr

HB 27. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, so as to provide for the appointment of an investigator for each judicial circuit; to amend Code Section 45-18-1 of the Official Code of Georgia Annotated, relating to definitions affecting the state employees' health benefit plan, so as to include district attorneys' investigators as employees for purposes of the plan.

The following Senate amendment was read:

Amend HB 27 by striking line 21 of page 1 in its entirety and substituting in lieu thereof the following:
"judicial circuit".

Representative Thomas of the 69th moved that the House disagree to the Senate amendment to HB 27.
The motion prevailed.

1732

JOURNAL OF THE HOUSE,

HB 17. By Representatives Thomas of the 69th, Chambless of the 133rd, Pannell of the 122nd and Waldrep of the 80th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions affecting jails, so as to declare unlawful the possession by a jail inmate of any controlled substance, dangerous drug, marijuana, alcoholic beverage, gun, pistol, or weapon without the knowledge and consent of the jailer; to provide definitions.

The following Senate substitute was read:

A BILL
To amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions affecting jails, so as to declare unlawful the possession by a jail inmate of certain controlled substances, dangerous drugs, marijuana, alcoholic beverages, guns, pistols, or weapons; to provide definitions; to provide penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions affecting jails, is amended by adding at the end thereof a new Code section, to be designated Code Section 42-4-13, to read as follows:
"42-4-13. (a) As used in this Code section, the term: (1) 'Alcoholic beverage' means and includes all alcohol, distilled spirits, beer, malt
beverage, wine, or fortified wine. (2) 'Controlled substance' means a drug, substance, or immediate precursor in
Schedules III through V of Code Sections 16-13-27 through 16-13-29. (3) 'Dangerous drug" has the same meaning as defined by Code Section 16-13-71.
(b) (1) Unless otherwise authorized by law, it shall be unlawful for an inmate of a jail to possess any controlled substance, dangerous drug, gun, pistol, or other dangerous weapon or any marijuana in a quantity of more than one ounce.
(2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years. (c) (1) Unless otherwise authorized by law, it shall be unlawful for an inmate of a jail to possess any alcoholic beverage or any marijuana in a quantity of one ounce or less.
(2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Thomas of the 69th moved that the House disagree to the Senate substitute to HB 17.
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 105. By Senators Hine of the 52nd and Garner of the 30th:
A bill to amend Code Section 45-8-12 of the Official Code of Georgia Annotated, relating to the deposit of public funds in banks or depositories and requirements that depositories give bond or pledge securities in lieu of bond, so as to provide that the aggregate of the face value of a surety bond and

WEDNESDAY, MARCH 4, 1987

1733

the face or par value of securities pledged shall be equal to not less than 100 percent of the public funds being secured after the deduction of the amount of deposit insurance.

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

Aaron Y Adams.G
Adams.M Y Aiken Y Alford
Alien Athon
Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron
Barnett,B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop
Bostick Branch YBray Y Brooks Y Brown
YBuck Y Buford YByrd Y Carrell
Carter Chambless Chance Y Cheeks Y Childers Y Childs Clark.B Clark.L

Y Colbert Coleman Colwell
Y Connell Cooper
Y Couch YCox
Y Crawford Crosby
Y Cummings Davis.G
Y Davis.M Dixon
Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd
Y Foster Galer Godbee
Y Goodwin Y Green
Y Greene Y Greer Y Gresham
Griffin Groover Y Hamilton Y Hanner Harris Y Hasty YHays Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson
Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Johnson.D Y Johnson,R
Kilgore Y Kingston Y Lane,D Y Lane.R
Langford Y Lawler
Lawrence Y Lawson
YLee Y Linder YLong YLord Y Lucas Y Lupton
Mangum
Y Martin Y McDonald Y McKelvey
McKinney Milam Y Milford Mobley Y Moody Y Moore Y Morton

Y Mostiler Moultrie
Y Mueller Y Oliver
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Peters Pettit Phillips Y Pinkston Y Pittman Y Porter Powell Prichard Rainey Y Ramsey.T Y Ramsey.V Randall Ransom
YRay Y Reaves
Redding
Richardson Ricketson Y Robinson.C Y Robinson,P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith.L Y Smith.P
Y Smith.T Y Smith,W
Smyre YSnow Y Stancil Y Stanley
Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Townsend Y Triplett
Twiggs Waddle Y Waldrep Y Walker.C Y Walker,L YWall
Ware Y Watson Y Watts
Y White Wilder
Y Williams.B Williams,.! Wilson
Y Wood Y Workman Y Yeargin
Young
Murphy.Spkr

On the passage of the Bill, the ayes were 121, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 104. By Senators Hine of the 52nd and Garner of the 30th:
A bill to amend Code Section 45-8-12 of the Official Code of Georgia Annotated, relating to the deposit of public funds in banks or depositories and requirements that depositories give bond or pledge securities in lieu of bond, so as to provide that a depository may deduct the face amount of its direct loans from deposits of a public body before being required to secure such deposits by a surety bond, deposit insurance, securities, or any combination thereof.

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

Y Aaron Y Adams.G Y Adams.M

Y Aiken Y Alford
Alien

Y Athon Y Atkins Y Bailey

Y Balkcom Y Bannister Y Bargeron

Y Barnett.B Y Barnett.M YBeck

1734

JOURNAL OF THE HOUSE,

Y Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks Y Brown
YBuck Y Buford
YByrd Y Carrell
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 Couch YCox Y Crawford
Crosby Y Cummings Y Davis.G Y Davis.M

Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards
Y Pelton Y Floyd Y Foster Y Galer
Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover
Y Hamilton Y Manner Y Harris Y Hasty YHays
Y Heard Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson

Y Johnson.D Y Johnson,R Y Kilgore Y Kingston
Y Lane,D Y Lane,R Y Langford Y Lawler Y Lawrence Y Lawson
YLee Y Under YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald
Y McKelvey McKinney
Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett

Y Pannell Y Parham Y Parrish Y Patten
Peters Y Pettit
Phillips Pinkston Y Pittman
Y Porter Y Powell Y Prichard
Rainey Y Ramsey.T
Ramsey.V Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson
Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L Y Smith.P

Y Smith.T Smith.W
Smyre Y Snow Y Stancil Y Stanley
Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y 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 Y Williams.B
Williams,,! Wilson Y Wood Y Workman Y Yeargin Young Murphy.Spkr

On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 187. By Senator Dawkins of the 45th:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to authorize the State Board of Workers' Compensation to appoint guardians for certain incapacitated adults who are entitled to workers' compensation benefits where there is no duly appointed and qualified guardian for such incapacitated adult; to provide for limitations on the authority of such guardians.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 126, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

SB 188. By Senator Dawkins of the 45th:
A bill to amend Part 2 of Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the method of payment of certain workers' compensation benefits, so as to provide that the authority of guardians of certain minors or incompetent claimants appointed by the State Board of Workers' Compensation shall be limited to the administration of such workers' compensation benefits and the settlement of workers' compensation claims.

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

WEDNESDAY, MARCH 4, 1987

1735

On the passage of the Bill, the ayes were 117, nays 2. The Bill, having received the requisite constitutional majority, was passed.

SB 119. By Senators Barnes of the 33rd, Dean of the 31st and McKenzie of the 14th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, generally, so as to provide criminal penalties for the evasion or attempted evasion of any tax, fee, license, penalty, interest, or other amount imposed under Title 48; to provide an effective date.

The following amendments were read and adopted:

The Committee on Judiciary moves to amend SB 119 by striking from lines 17 and 18 of page 1 the following:
"or the payment thereof'.

Representative Walker of the 115th, et al, move to amend SB 119 by adding after the word "tax" on line 16, page 1, the words "as a result of income gained in any illegal activity for which the person is convicted of a felony under the laws of the State of Georgia or.'

The following amendment was read and withdrawn:

Representatives Lane of the lllth and Bishop of the 94th move to amend SB 119 by adding after the word "tax" on line 16, the words "due from the illegal sale of drugs", and on line 17, after the word "imposed" add the words "as a result of dealing in illegal drugs."

The following amendment was read:

Representative Clark of the 55th moves to amend SB 119 by striking lines 21, 22, 23, 24 and through the word "both" on line 25, page 1, and substituting in lieu thereof the words "of a misdemeanor and, upon conviction thereof, shall be punished as provided by such law."

And by striking Section 2, page 2, and inserting the following: "This Act shall become effective July 1, 2000."

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

Y Aaron N Adams.G N Adams.M
Aiken
N Alford Y Alien N Athon N Atkins
N Bailey N Balkcom N Bannister N Bargeron N Barnett.B

N Barnett.M N Beck N Benefield
Benn
Birdsong N Bishop N Bostick
Branch
N Bray Y Brooks Y Brown N Buck
Buford

N Byrd N Carrell N Carter
Chambless
N Chance Y Cheeks N Childers
Childs
Y Clark.B Y Clark.L
Colbert Coleman Colwell

N Connell N Cooper N Couch N Cox
N Crawford Crosby
N Cummings Y Davis,G
Y Davis.M Y Dixon N Dobbs N Dover N Dunn

N Edwards Y Felton N Floyd Y Foster
N Galer N Godbee N Goodwin N Green
N Greene N Greer N Gresham N Griffin
Groover

1736

JOURNAL OF THE HOUSE,

N Hamilton N Hanner Y Harris
Hasty NHays N Heard N Hensley N Herbert N Holcomb N Holmes
Hooks N Hudson N Isakson N Jackson.J N Jackson.W Y Jamieson Y Johnson.D
N Johnson,R Kilgore
N Kingston Y Lane,D N Lane.R N Langford

N Lawler N Lawrence N Lawson
NLee N Linder
YLong NLord
Lucas N Lupton N Mangum
Martin N McDonald N McKelvey Y McKinney
N Milam N Milford
N Mobley N Moody
Moore N Morion N Mostiler N Moultrie N Mueller

Y Oliver Orrock
N Padgett N Pannell
Parham N Parrish N Patten N Peters
Pettit Phillips Pinks ton N Pittman Y Porter N Powell N Prichard N Rainey N Ramsey.T Ramsey.V N Randall N Ransom Ray N Reaves Y Redding

Richardson N Ricketson N Robinson.C N Robinson.P N Royal N Selman
N Shepard Y Sherrod N Simpson
Sinkfield Sizemore
Y Smith,L N Smith.P
Smith.T Smith.W
N Smyre NSnow N Stancil
N Stanley Steinberg
N Stephens N Thomas.C
Thomas.M

On the adoption of the amendment the ayes were 25, nays 116. The amendment was lost.

N Thompson Thurmond
N Townsend N Triplet! N Twiggs N Waddle N Waldrep
Walker.C N Walker.L N Wall
Ware N Watson N Watts Y White N Wilder N Williams.B
Williams,J Wilson Wood N Workman N Yeargin Y Young Murphy.Spkr

The following amendment was read:

Representative Clark of the 55th moves to amend SB 119 by striking Section 2, page 2, and inserting in lieu thereof the following: ."This Act shall become effective on July 1,
2000."

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

Y Aaron N Adams.G N Adams.M
Aiken N Alford N Alien N Athon N Atkins N Bailey N Balkcom N Bannister N Bargeron N Barnett.B N Barnett.M NBeck N Benefield
Benn
Birdsong N Bishop N Bostick
N Branch Bray
Y Brooks Y Brown
NBuck Buford
NByrd N Carrell N Carter
Chambless N Chance Y Cheeks N Childers
Childs Y Clark.B Y Clark.L

Colbert Coleman N Colwell N Connell
N Cooper N Couch
NCox Crawford
Crosby N Cummings Y Davis.G Y Davis.M
Y Dixon Dobbs
N Dover
N Dunn N Edwards
Y Felton N Floyd N Foster N Galer N Godbee N Goodwin N Green N Greene Y Greer Y Gresham N Griffin
Groover N Hamilton N Hanner Y Harris
Hasty NHays N Heard N Hensley

N Herbert N Holcomb N Holmes N Hooks N Hudson
N Isakson N Jackson,J N Jackson.W Y Jamieson Y Johnson,D N Johnson.R
Kilgore N Kingston N Lane.D N Lane.R N Langford N Lawler N Lawrence N Lawson NLee N Linder YLong NLord N Lucas N Lupton N Mangum
Martin N McDonald N McKelvey N McKinney N Milam N Milford N Mobley N Moody N Moore N Morton

N Mostiler N Moultrie N Mueller
N Oliver Orrock
N Padgett N Pannell
Parham N Parrish N Patten N Peters
Pettit Phillips Pinkston N Pittman N Porter N Powell N Prichard
N Rainey N Ramsey.T Y Ramsey.V Y Randall N Ransom
Ray N Reaves
Y Redding Richardson
N Ricketson N Robinson.C N Robinson.P
N Royal Y Selman Y Shepard Y Sherrod N Simpson
Sinkfield

N Sizemore
Y Smith.L N Smith,?
Smith.T
Smith.W N Smyre N Snow N Stancil N Stanley
Steinberg N Stephens N Thomas.C Y Thomas.M Y Thompson
Thurmond
N Townsend Triplett
N Twiggs N Waddle N Waldrep
Walker.C N Walker.L N Wall
Ware N Watson N Watts Y White N Wilder N Williams.B
WilliamsJ Wilson Wood N Workman N Yeargin
Y Young Murphy.Spkr

WEDNESDAY, MARCH 4, 1987

1737

On the adoption of the amendment the ayes were 27, nays 118. The amendment was lost.

The following amendment was read and adopted:

Representative Lawrence of the 49th moves to amend SB 119 by inserting on line 17, page 1, after the word "interest" the words "in excess of $2,000.00."

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

N Aaron Y Adams.G Y Adams.M
Aiken Y Alford Y Alien N Athon Y Atkins Y Bailey Y Balkcom N Bannister Y Bargeron Y Barnett,B N Barnett.M YBeck Y Benefleld
Benn
Birdsong Y Bishop Y Bostick Y Branch YBray N Brooks Y Brown YBuck Y Buford YByrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers N Childs Y Clark.B Y Clark.L

Y Colbert Coleman
Y Colwell Y Connell Y Cooper Y Couch YCox Y Crawford
Crosby
Y Cummings Davis.G
Y Davis.M Y Dixon YDobbs
Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer
Y Godbee Y Goodwin N Green Y Greene Y Greer N Gresham Y Griffin
Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard
Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson.J Y Jackson,W N Jamieson Y Johnson,D Y Johnson,R Y Kilgore
Kingston Y Lane.D Y Lane,R Y Langford Y Lawler Y Lawrence
Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey Y McKinney Y Milam
Milford
Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie Y Mueller Y Oliver N Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters
Pettit Phillips Pinkston Y Pittman N Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom Ray Y Reaves Redding Richardson Y Ricketson Y Robinson.C Y Robinson,P Y Royal
Y Selman N Shepard Y Sherrod Y Simpson
Sinkfield

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

On the passage of the Bill, as amended, the ayes were 139, nays 13.
The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, SB 119, as amended, was ordered immediately transmitted to the Senate.

SB 216. By Senator Kidd of the 25th:
A bill to amend Code Section 7-1-620 of the Official Code of Georgia Annotated, which contains definitions under the law relating to regional interstate banking.

1738

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

The Committee on Banks and Banking moves to amend SB 216 by striking the figure "260" on line 9 of page 1 in its entirety and substituting in lieu thereof the figure "620".

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

Y Aaron Y Adams.G Y Adams,M
Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Balkcora Y Bannister Y Bargeron N Barnett.B Y Barnett.M YBeck Y Benefield YBenn
Birdaong Y Bishop Y Bostick
Branch YBray Y Brooks Y Brown
YBuck Buford
YByrd Y Carrell N Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark.L

Y Colbert Coleman
N Colwell
Y Connel! Y Cooper Y Couch
YCox Y Crawford
Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin
Y Green Y Greene Y Greer Y Greshara Y Griffin
Y Groover Y Hamilton Y Hanner
Y Harris Hasty
YHays Y Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks
N Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin Y McDonald
Y McKelvey Y McKinney Y Milam Y Milford
Y Mobley Y Moody Y Moore Y Morton

Y Mostiler
Y Moultrie Y Mueller Y Oliver Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Peters
Pettit
Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom Ray Y Reaves Y Redding Richardson Y Ricketson Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

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

On the passage of the Bill, as amended, the ayes were 155, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Walker of the 85th and Pettit of the 19th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The following 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 209. By Representatives Chambless of the 133rd, Smyre of the 92nd, Thomas of the 69th, Robinson of the 96th, Pannell of the 122nd and others:

WEDNESDAY, MARCH 4, 1987

1739

A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to change the provisions relat-
ing to indemnification of directors, officers, employees, or agents of business corporations; to provide for advancement of certain expenses; to provide for continuation of indemnification and advancement of expenses.

The President has appointed on the part of the Senate the following: Senators Allgood of the 22nd, Hine of the 52nd and Deal of the 49th.

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

SB 230. By Senators Deal of the 49th and Hine of the 52nd:
A bill to amend Chapter 1 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to crimes and offenses, so as to provide for a statement of intent and purpose; to provide that the repeal, repeal and reenactment, or amendment of certain criminal laws shall not affect or abate the status as a crime of criminal acts or omissions which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 544. By Representatives Sinkfield of the 37th, Holmes of the 28th, Greer of the 39th, Couch of the 40th, Benn of the 38th and others:
A bill to amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, so as to change the provisions relating to the compensation of the members of the board.

The President has appointed on the part of the Senate the following: Senators Langford of the 35th, Newbill of the 56th and Tate of the 38th.

The Senate insists on its substitute to the following Bill of the House:

HB 17. By Representatives Thomas of the 69th, Chambless of the 133rd, Pannell of the 122nd and Waldrep of the 80th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions affecting jails, so as to declare unlawful the possession by a jail inmate of any controlled substance, dangerous drug, marijuana, alcoholic beverage, gun, pistol, or weapon without the knowledge and consent of the jailer; to provide definitions.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

HB 185. By Representatives Bray of the 91st, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions relating to the deadline for

1740

JOURNAL OF THE HOUSE,

transmission of certain qualifying fees to the superintendent of the county or the Secretary of State; to change the provisions relating to the filing deadline for certain notices of candidacy.

The President has appointed on the part of the Senate the following: Senators Kidd of the 25th, Walker of the 43rd and Mine of the 52nd.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 508. By Representatives Ware of the 77th, Wood of the 9th, Workman of the 51st, Lawson of the 9th and Colbert of the 23rd:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates and rate making, so as to authorize the Commissioner of Insurance to approve property or casualty insurance rates, policies, or contracts prior to their use upon a determination that a lack of competition or availability exists.

The President has appointed on the part of the Senate the following: Senators Stumbaugh of the 55th, Deal of the 49th and Dawkins of the 45th.

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

WEDNESDAY, MARCH 4, 1987

1741

AFTERNOON SESSION

The Speaker called the House to order.

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 41 Do Pass SB 63 Do Pass, as Amended SB 229 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 69th
Chairman

The following minority report was received and read:

HOUSE COMMITTEE ON JUDICIARY MINORITY REPORT

The undersigned members of the House Committee on Judiciary file this minority report on the following bill with the following recommendation:

SB 229

Do Not Pass

Respectfully submitted, Is/ Denmark Groover, Jr., 99th /s/ Jim Pannell, 122nd /s/ Tommy Chambless, 133rd /s/ Peggy Childs, 53rd

Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 961 Do Pass, by Substitute HB 1090 Do Pass, by Substitute

HB 1099 Do Pass HB 1100 Do Pass

Respectfully submitted, /s/ Adams of the 36th
Chairman

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

HB 961. By Representatives Walker of the 85th and Padgett of the 86th:

1742

JOURNAL OF THE HOUSE,

A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.

The following Committee substitute was read and adopted:

A BILL
To amend an Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 5003), so as to change the compensation of certain officials; to provide for the payment of such compensation; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 5003), is amended by striking in its entirety Section 1 thereof and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) The following officials of Richmond County, Georgia, shall receive an annual salary, payable from the funds of Richmond County, Georgia, as follows:
(1) Clerk of superior court and state court ....................................................I 34,688.00
(2) Judge of the probate court.......................................................................... 36,771.00
(3) Tax commissioner......................................................................................... 41,300.00
(4) Judge of the state court............................................................................... 57,360.00
(5) Solicitor of the state court.......................................................................... 21,774.00
(6) Coroner........................................................................................................... 20,781.00
(7) Judge of the civil court................................................................................ 39,267.00
(8) Associate judge of the civil court............................................................... 39,847.00
(9) Chairman of the board of commissioners................................................. 14,396.00
(10) Member of the board of commissioners ................................................... 8,196.00
(11) District attorney........................................................................................... 9,564.00
(12) Judge of the superior court......................................................................... 12,981.00
(13) Sheriff............................................................................................................. 41,146.00 (b) The compensation provided for in subsection (a) of this section shall be paid in equal monthly installments."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without 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 ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

WEDNESDAY, MARCH 4, 1987

1743

HB 1090. By Representative Barnett of the 10th:
A bill to amend an Act creating a new charter for the City of Gumming, so as to provide water service area boundaries for the city.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating a new charter for the City of Gumming, approved March 28, 1935 (Ga. L. 1935, p. 1001), as amended, particularly by an Act approved April 9, 1968 (Ga. L. 1968, p. 3345), so as to provide water and sewer service area boundaries for the city; to provide for intergovernmental contracts with affected political subdivisions; to provide for applicability; 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 Gumming, approved March 28, 1935 (Ga. L. 1935, p. 1001), as amended, particularly by an Act approved April 9, 1968 (Ga. L. 1968, p. 3345), is amended by striking in its entirety Section 57A, which reads as follows:
"Section 57A: The governing authority of the City of Gumming shall have the power and authority to expend city funds to construct and maintain water lines and to sell city water outside the corporate limits of said city.", and inserting in its place a new Section 57A to read as follows:
"Section 57A. (a) The governing authority of the City of Gumming shall have the power and authority to expend city funds to construct and maintain water and sewer lines and to sell water and provide sewer service within the city limits and within the following described boundaries:
BEGINNING at the City Limits and West along Kelley Mill Road, a 300 foot strip either side of Kelley Mill Road to Kelley Creek; thence Northerly along the City Limits of Gumming, Georgia, to County Road 374; thence Westerly to the junction of County Road 328 and Chamblee Gap Road; thence Northwesterly along Chamblee Gap Road including a 300 foot strip along the Southwest side of Chamblee Gap Road to the first branch of Kelley Creek; thence Northerly along the West boundary of GMD 879 to State Route 20; thence a 300 foot strip along the Southerly side of State Route 20 Westerly to County Road S2348, also including Mountain Valley Subdivision on Southwest side of State Route 20; thence Southerly along County Road S2348 continuing the 300 foot strip to Chamblee Gap Road including all those homes fronting Brookfield Circle; thence a 300 foot strip on the West side of County Road S2348 Northerly to County Road 326, thence Westerly on the North Side and West Side of County Road 326 to the intersection of Chamblee Gap Road; thence Northerly along Chamblee Gap Road with a 300 foot strip on the Eastern side to the intersection of State Route 20; thence commencing at State Route 20 and running Southerly with a 300 foot strip on the West side of Chamblee Gap Road to the intersection of County Road 326 then Northerly and Easternly with a 300 foot strip on the East side of County Road 326; thence Westerly along State Route 20 continuing the 300 foot strip on the South side of State Route 20 to the Cherokee County Line; thence Easterly along State Route 20 continuing a 300 foot strip along the North side of State Route 20 to Doc Sams Road; thence continuing the 300 foot strip on the West side of Doc Sams Road Northerly to County Road 25, including any subdivisions served by an existing 6" line adjacent to the West side of Doc Sams Road; thence continuing the 300 foot strip on the Easterly side of Doc Sams Road Southerly along Doc Sams Road to State Route 20 including those homes fronting County Road 464 and Evergreen Valley N.W. S/D, and any other subdivisions adjacent to the East side of Doc Sams Road served by an existing 6" line; thence continuing a 300 foot strip on the North side of State Route 20 Easterly to Friendship Circle, continuing a 300 foot strip along

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JOURNAL OF THE HOUSE,

the Northern side of Friendship Circle including all that property between Friendship Circle and State Route 20, back to State Route 20 continuing a 300 foot strip on the North side of State Route 20 Easterly to County Road 277, continuing a 300 foot strip on the Westerly side of County Road 277 Northerly to Dr. Bramblett Highway; thence a 300 foot strip on the Easterly side of Dr. Bramblett Highway back to State Route 20, including all that property between County Road 277, Dr. Bramblett Highway and State Route 20, as well as County Road P518; thence continuing the 300 foot strip on the Northeastern side of State Route 20 Southeasterly to State Route 306; thence a 300 foot strip on the Northerly side of State Route 306 Easterly to County Road 201 including all that property between GMD 879, Chamblee Gap Road, State Route 20, State Route 306, County Road 374 and the City Limits of the City of Gumming, Georgia; thence Northerly along Bettes Gap/Tribble Gap Road to Timberland Heights, N.W. Subdivision including all homes fronting existing subdivision roads; thence continuing Easterly from the first branch of Sawnee Creek North of State Route 306 to Sawnee Creek; thence to the City Limits of the City of Gumming, Georgia and State Route 9; thence continuing a 300 foot strip on the Westerly side of State Route 9, Northerly to State Route 369 including a 300 foot strip either side of Spot Road from State Route 9 Westerly to County Road 280; thence Southerly on County Road 280 and take the entire road East along County Road 560 the entire road 300 feet both sides, County Road 199 and Hammond Drive both sides of road then coming back to Spot Road down Spot Road to County Road 197 North on County Road 197 300 feet on both sides until it intersects with State Route 369; thence Easterly on State Route 369 to the intersection of Highway 9 with a 300 foot strip on the South side of this road; thence a 300 foot strip on the Easterly side of State Route 9 Southerly from State Route 369 to Sawnee Creek and the City Limits of the City of Gumming, Georgia including all those City Limits North of shopping area, North of Pilgrim Road and South of Pilgrim Road and a 300 foot strip either side of Pilgrim Road from State Route 9 Easterly a distance of approximately 2000 feet, including existing 6" line leading off South side of Pilgrim Road; thence Easterly from S.R.9 & the City Limits of the City of Gumming, Georgia, to an intersection of Pilgrim Mill Road and the City Limits of Gumming, Georgia; thence a 300 foot strip on the Northerly side of Pilgrim Mill Road, Northeasterly to near Bald Ridge Creek at the City of Cumming/Forsyth County water meter; thence a 300 foot strip on the Southerly side of Pilgrim Mill Road Southwesterly to the Eastern City Limits of Gumming, Georgia; thence South along the Eastern City Limits of Gumming, Georgia, to an intersection with U.S. 19 (Ga. 400); thence Northeasterly along U.S. 19 (Ga. 400) to Bald Ridge Creek including all that property directly fronting U.S. 19 (Ga. 400); thence South and Easterly along the South and West side of Bald Ridge Creek and Lake Lanier to the Sawnee Public Access Area and Buford Dam Road; thence Northwesterly along Buford Dam Road to an intersection with Samples Road; thence a 300 foot strip on the Southerly side of Samples Road Southwesterly to State Route 20; thence Southeasterly along State Route 20 a 300 foot strip either side of State Route 20 from the intersection of Samples Road to Twin Branches Road; thence continuing Northwestward from Samples Road, a 300 foot strip along the Westerly side of State Route 20 from Samples Road to State Route 9; thence Westerly a 300 foot strip along the Southerly side of State Route 9 to Hutchinson Road; thence Northwesterly along Hutchinson Road to Castleberry Road; thence Easterly along Castleberry Road to the City Limits of Gumming, Georgia; thence along the Westerly limits of the City of Gumming, Georgia to the point of beginning at Kelley Road including all that property bounded by The City of Gumming, Castleberry Road, Hutchinson Road, State Route 9, State Route 20, Samples Road, including Mashburn School 300 feet each side of the road entering and leaving this school; thence back to Samples Road, then to
Buford Dam Road, to the Sawnee Public Access Area, Southwesterly side of Lake
Lanier and Bald Ridge Creek to U.S. 19 (Ga. 400) and thence to the Eastern limits
of the City of Gumming and a 300 foot strip on the Northwesterly side of Castleberry
Road from Hutchinson Road to Piney Grove Road, a 300 foot strip on the Southwest-
erly side of Piney Grove Road from Castleberry Road to State Route 9 including those

WEDNESDAY, MARCH 4, 1987

1745

homes fronting County Roads P483, 329, 330 and Joe Drive; thence a 300 foot strip either side of State Route 9 Southwesterly from Piney Grove Road to County Road 384; thence a 300 foot strip on the Northeasterly side of State Route 9 from Piney Grove Road Northeasterly to Hutchinson Road. That area bounded by Hutchinson Road, State Route 9, Piney Grove Road and Castleberry Road with the exception of homes fronting those roads, shall be considered outside of the Gumming Water System Boundary Limits. Also included without enlarging the boundary limits provided for herein, is the right to continue to serve existing lines not set forth herein to the extent of allowing for the maintenance and operation and collection of fees from said lines and any new service taps along said lines. Said service taps not to exceed 300 feet in length. (b) As used in subsection (a) of this section, references to the city limits of the City of Gumming refer to the city limits as the same existed on March 1, 1987. (c) In addition to the area described in subsection (a) of this section, the city shall have the power and authority to expend city funds to construct and maintain water and sewer lines and to sell water and provide sewer service outside the described area if the city and the affected political subdivision first enter into an intergovernmental contract for the provision of services as provided in Article IX, Section III, Paragraph I of the Constitution of the State of Georgia. The powers of the city, the areas to be served, and other such details shall be as provided in such contracts. (d) In the absence of a valid, effective intergovernmental contract, whether such absence results from a failure to agree, a breach of contract, noncompliance by a party, a judicial ruling, or otherwise, the service area of the city shall be the area described in subsection (a) of this section plus the additional areas actually served, and only such areas actually served, on the date that any such contract is abrogated, breached, or otherwise becomes unenforceable. (e) Except as provided in subsections (c) and (d) of this section, this section shall not be construed to affect any intergovernmental contract between the city and any affected political subdivision."
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 1099.

By Representative Bannister of the 62nd:
A bill to amend an Act authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, so as to provide that constitutional county officers shall have the authority under certain conditions to select, employ, and discharge certain personnel.

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

Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following Bill of the House was taken up for consideration and read the third time:

HB 1100. By Representative Pittman of the 60th:

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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 granting a $2,000.00 homestead exemption from municipal ad valorem taxes to each resident of the City of Sugar Hill who is disabled or 62 years of age or older and has specified income not exceeding $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 roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken
Alford Y Alien Y Athon Y Atkins
Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B
Barnett,M YBeck
Y Benefleld Benn Birdsong Bishop
Y Bostick Y Branch YBray Y Brooks
Brown YBuck Y Buford YByrd Y Carrell 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 Couch YCox Y Crawford
Crosby Y Cummings
Y Davis.G Y Davis.M
Dixon Y Dobbs Y Dover
Dunn Y Edwards
Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris
Y Hasty YHays Y Heard Y Hensley

Y Herbert Y Holcorab
Holmes Y Hooks
Hudson Isakson Jackson,J Y Jackson, W Y Jamieson Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawler Lawrence Lawson YLee Linder
Long
Lord Lucas Y Lupton Mangum Martin McDonald Y McKelvey McKinney Y Milam Milford Y Mobley Y Moody Y Moore
Morton

Mostiler Y Moultrie
Mueller Y Oliver
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Peters Y Pettit Phillips Pinkston Y Pittman Porter Y Powell Prichard Rainey Y Ramsey.T Ramsey.V Randall Ransom YRay Reaves Y Redding Y Richardson Y Ricketson Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Sinkfield

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

On the passage of the Bill, the ayes were 120, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

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 339. By Representative Richardson of the 52nd: A resolution urging Congress to pass certain legislation.

The following Committee substitute was read and adopted:

A RESOLUTION
Urging Congress to pass certain legislation; and for other purposes.
WHEREAS, the Carter Center will present a symposium in February, 1988, on "Women and the Constitution"; and

WEDNESDAY, MARCH 4, 1987

1747

WHEREAS, the former first ladies will be participants in this symposium; and
WHEREAS, this symposium will be a continuation of the celebration of the two hundredth anniversary of our great United States Constitution.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body, in honor of the two hundredth anniversary of the United States Constitution, urges Congress to continue to pass legislation supporting women's full participation in the legal and economic affairs of this country.
BE IT FURTHER RESOLVED that this state should continue its leadership role in helping women achieve full legal and economic participation.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to each member of the Georgia congressional delegation.

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

Y Aaron Y Adams.G Y Adams.M Y Aiken
Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong
Bishop Y Bostick Y Branch YBray Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers
Y Childs Y Clark,B
Clark,L

Y Colbert
Y Coleman Y Colwell
Y Connell Y Cooper Y Couch YCox Y Crawford
Crosby Y Cummings
Y Davis.G N Davis.M Y Dixon
Y Dobbs N Dover
Dunn Y Edwards
Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer
Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris
Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb Y Holmes
Hooks
Y Hudson Y Isakson Y Jackson ,J Y Jackson.W Y Jamieson Y Johnson,D
Y Johnson.R Y Kilgore Y Kingston
Y Lane,D Y Lane.R
Langford Y Lawler Y Lawrence Y Lawson YLee
Linder
YLong YLord
Lucas Lupton Y Mangum Martin Y McDonald Y McKelvey Y McKinney Y Milan) Milford Y Mobley
Y Moody Y Moore
Morton

Mostiler Y Moultrie
Mueller Y Oliver
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Peters Y Pettit
Phillips Pinkston Y Pittman Y Porter Y Powell Prichard Rainey Y Ramsey.T Ramsey.V Randall Y Ransom NRay Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Robinson.P
Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield

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

On the adoption of the Resolution, by substitute, the ayes were 132, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

Representative Davis of the 45th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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JOURNAL OF THE HOUSE,

Representative Ray of the 98th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolutions of the House were read and adopted:

HR 373. By Representative Pittman of the 60th: A resolution commending Gregory Alan Seeley.

HR 374. By Representatives McDonald of the 12th, Dunn of the 73rd, Jackson of the 9th, Lee of the 72nd, Johnson of the 72nd and others:
A resolution commending the Georgia air traffic control specialists.

HR 375. By Representatives Rainey of the 135th, Walker of the 115th and Hooks of the 116th:
A resolution recognizing the Slosheye Trail Big Pig Jig as the state barbecue cooking contest for entry qualification in the International Barbecue Cooking Contest.

HR 376. By Representatives Smith of the 78th, Jamieson of the llth, Porter of the 119th, Parrish of the 109th, Greene of the 130th and others:
A resolution commending Connie Smith.

HR 377. By Representative Ramsey of the 3rd: A resolution commending Morris L. McDonald.

HR 378. By Representatives Royal of the 144th and Balkcom of the 140th: A resolution commending the Westwood High School boys basketball team.

HR 379. By Representatives Royal of the 144th, Sherrod of the 143rd and Long of the 142nd:
A resolution commending the Ravenwood Academy girls basketball team.

HR 380. By Representative Dunn of the 73rd: A resolution commending Mo-Joe's restaurants.

HR 381. By Representatives Dobbs of the 74th, Wood of the 9th, Jackson of the 9th, Lawson of the 9th, Yeargin of the 14 and others:
A resolution expressing appreciation to the staff of the telephone center for their dedicated assistance during the 1987 regular session.

HR 382. By Representatives White of the 132nd and Young of the 134th: A resolution commending the K.C. Jr. High Risk Infant Foundation.

HR 383. By Representatives Dover of the llth, Jamieson of the llth, Twiggs of the 4th and Colwell of the 4th:
A resolution recognizing C. Lamar "Pinky" Black.

WEDNESDAY, MARCH 4, 1987

1749

HR 384. By Representatives Smith of the 78th, Jamieson of the llth, Porter of the 119th, Parrish of the 109th, Greene of the 130th and others:
A resolution commending Susan Gordon.

HR 385. By Representatives White of the 132nd and Brooks of the 34th: A resolution expressing regret at the passing of Mr. E. D. Nixon.

HR 386. By Representatives Beck of the 148th, Padgett of the 86th, Murphy of the 18th, Lee of the 72nd, McDonald of the 12th and others:
A resolution commending Honorable Frank C. Pinkston.

HR 387. By Representative Barnett of the 59th: A resolution commending Stephen Lee Ragsdale, Jr..

HR 388. By Representatives Lawler of the 20th, Hensley of the 20th, Cooper of the 20th, Thompson of the 20th, Wilder of the 21st and Gresham of the 21st:
A resolution commending the Cobb Youth Chorus of Georgia.

HR 389. By Representatives Colwell of the 4th, Steinberg of the 46th, Lupton of the 25th, Dover of the llth, Dobbs of the 74th and Williams of the 48th:
A resolution commending Ms. Frances Patton Statham.

HR 390. By Representative McDonald of the 12th: A resolution commending Mr. J. C. Crocker.

HR 391. By Representatives Robinson of the 58th, Richardson of the 52nd, Childs of the 53rd, Alford of the 57th, Mangum of the 57th and others:
A resolution commending Mr. Jimmy Fleming.

HR 392. By Representative Triplett of the 128th: A resolution honoring Preston B. Edwards, Jr.

HR 393. By Representatives Greene of the 130th, Murphy of the 18th, Selman of the 32nd, Walker of the 115th, Groover of the 99th and others:
A resolution relative to the bicentennial anniversary of the Constitution of the United States of America.

HR 394. By Representative Isakson of the 21st: A resolution commending Honorable Denmark Groover, Jr..

HR 395. By Representative Reaves of the 147: A resolution commending Morven Primary School.

HR 396. By Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th:

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JOURNAL OF THE HOUSE,

A resolution expressing sympathy at the passing of Romeo Joseph DiPrima.

HR 397. By Representatives Dunn of the 73rd, Robinson of the 58th, Buck of the 95th, Hanner of the 131st, Moultrie of the 93rd and others:
A resolution congratulating Honorable Hugh Boyd "Sundance" Pettit III.

HR 398. By Representatives Dover of the llth, Murphy of the 18th, Twiggs of the 4th and Crawford of the 5th:
A resolution honoring and commending the CENTREX information clerks.

HR 399. By Representative Bailey of the 72nd: A resolution commending Mr. Sam Lowder.

HR 400. By Representatives Bailey of the 72nd, Holcomb of the 72nd, Benefield of the 72nd, Johnson of the 72nd and Lee of the 72nd:
A resolution commending Mr. Willard Craddock.

HR 401. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A resolution commending Dana Bone.

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

SB 112. By Senator Burton of the 5th:
A bill to amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to make it unlawful for any person to tattoo the body of any person under the age of 18; to provide exceptions; to provide a penalty; to provide an effective date.

The following Committee substitute was read and adopted:

A BILL
To amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to make it unlawful for any person to tattoo the body of any person under the age of 16; to provide exceptions; to provide a penalty; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, is amended by adding at the end thereof a new Code Section 16-5-71 to read as follows:
"16-5-71. (a) It shall be unlawful for any person to tattoo the body of any person under the age of 16, except that a physician or osteopath licensed under Chapter 34 of Title 43, or a technician acting under the direct supervision of such licensed physician or osteopath, and in compliance with Chapter 9 of Title 31 shall be authorized to mark or color the skin of any person under the age of 16 by pricking in coloring matter or by producing scars for medical or cosmetic purposes.

WEDNESDAY, MARCH 4, 1987

1751

(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of 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 Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong
Bishop Y Bostick Y Branch
Bray Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell 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 Couch YCox N Crawford
Crosby Y Cummings N Davis.G Y Davis,M
Dixon Y Dobbs Y Dover
Dunn Y Edwards
Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin
Y Green Y Greene Y Greer
Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris Y Hasty YHays Y Heard
Y Hensley

Y Herbert Y Holcomb
Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson
Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawler Y Lawrence Y Lawson YLee
Linder YLong YLord
Lucas Y Lupton Y Mangum
Martin McDonald Y McKelvey Y McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Mostiler Y Moultrie Y Mueller
Y Oliver Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit
Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T
Ramsey.V Randall Y Ransom
YRay Reaves
N Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield

Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smith,W YSmyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas,M
Thompson Y Thurmond Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Y Wilder
Williams.B Williams,.) Wilson Y Wood Y Workman Y Yeargin Y Young Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 149, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 33. By Senator Peevy of the 48th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, so as to provide for criminal penalties in certain cases where garbage, trash, waste, or refuse is transported across state or county boundaries for the purpose of dumping without permission.

Representative Mueller of the 126th moved that SB 33 be placed upon the table. On the motion to table, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE,

Y Aaron
N Adams.G N Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins N Bailey Y Balkcom N Bannister Y Bargeron N Bamett,B N Barnett.M YBeck N Benefleld
Benn N Birdsong N Bishop
Bostick Y Branch
Bray Brooks Y Brown NBuck
Y Buford NByrd
Carrell N Carter
Y Chambless Y Chance Y Cheeks N Guilders Y Childs Y Clark.B
Clark.L

Y Colbert Coteman
N Colwell N Connell
Cooper N Couch NCox N Crawford
Crosby N Cummings Y Davis.G Y Davis.M Y Dixon N Dobbs Y Dover
Dunn N Edwards
Y Felton Y Floyd
Foster
Y Galer Godbee
N Goodwin
Y Green N Greene Y Greer Y Gresham Y Griffin N Groover Y Hamilton
Hanner
N Harris Y Hasty YHays
Y Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks N Hudson Y Isakson N Jackson.J
Jackson.W Y Jamieson Y Johnson.D N Johnson.R N Kilgore Y Kingston Y Lane.D
Lane.R Y Langford Y Lawler Y Lawrence N Lawson NLee
Under N Long NLord
Lucas Y Lupton Y Mangum
Martin N McDonald Y McKelvey
McKinney Y Milam Y Milford
N Mobley Y Moody Y Moore Y Morton

Mostiler Y Moultrie Y Mueller
Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters
Pettit Phillips Pinkston Pittman
Y Porter N Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall N Ransom YRay Y Reaves Y Redding
Richardson N Ricketaon
Robinson,C N Robinson.P N Royal Y Selman Y Shepard N Sherrod N Simpson
Sinkfleld

Sizemore Y Smith.L
Y Smith.P Y Smith.T
Smith.W
Smyre Snow N Stancil Y Stanley Y Steinberg N Stephens Thomas.C Y Thomas.M Thompson N Thurmond Y Townsend Y Triplet! N Twiggs Y Waddle N Waldrep Walker.C N Walker,L N Wall Y Ware N Watson
N Watts White
Y Wilder Y Williams.B
Williams,J Wilson
NWood N Workman N Yeargin Y Young
Murphy.Spkr

On the motion, the ayes were 88, nays 54. The motion prevailed.

SB 301. By Senator Hudgins of the 15th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, so as to provide that any person under the age of 17 years who is convicted of a felony and sentenced as an adult to life imprisonment or to a certain term of imprisonment shall be committed to the Division of Youth Services of the Department of Human Resources to serve such sentence until such person is 18 years of age.

The following amendment was read and adopted:
The Committee on Judiciary moves to amend SB 301 by inserting on line 4 of page 2 between "1987" and "." the following:
", and to any person convicted prior to such date who has not been committed to an institution operated by the Department of Corrections".

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

Y Aaron Y Adams.G Y Adams.M

Y Aiken Y Alford Y Alien

Y Athon
Y Atkins Y Bailey

Y Balkcom Y Bannister Y Bargeron

Y Barnett.B
Y Barnett,M YBeck

WEDNESDAY, MARCH 4, 1987

1753

Y Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks Y Brown YBuck Y Buford YByrd
Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L Y Colbert
Coleman N Colwell Y Connell
Cooper Y Couch YCox Y Crawford
Crosby Y Cummings Y Davis.G Y Davis.M

Y Dixon N Dobbs Y Dover
Dunn Y Edwards Y Pelton Y Floyd Y Foster Y Galer YGodbee Y Goodwill Y Green N Greene
Greer Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris Y Hasty NHays Y Heard
Hensley Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson

Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane,D
Lane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee
Linder YLong YLord
Lucas Y Lupton
Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam Y Milford
Mobley Y Moody Y Moore Y Morton
Mostiler Y Moultrie Y Mueller N Oliver Y Orrock Y Padgett

Y Pannell
Y Parham Y Parrish
Y Patten Y Peters
Pettit Phillips Pinkston Pittman
Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T
Y Ramsey.V Randall
Y Ransom
YRay Y Reaves
Y Redding Richardson
Y Ricketson
Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield Y Sizemore Y Smith.L Y Smith.P

Y Smith,T Smith.W Smyre
YSnow Y Stancil
Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas,M
Thompson Y Thurmond Y Townsend Y Triplett NTwiggs Y Waddle Y Waldrep
Walker.C Y Walker,L Y Wall YWare Y Watson YWatto
White Y Wilder Y Williams,B
Williams.J Wilson Y Wood 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 312. By Senator Dawkins of the 45th:
A bill to amend Code Section 34-9-360 of the Official Code of Georgia Annotated, relating to the terms and conditions for reimbursement from the Subsequent Injury Trust Fund, so as to provide for reimbursement of only those indemnity, medical, or rehabilitation expenses which an employer or insurer was legally obligated to pay to an employee or claimant; to provide for standards for the rate of reimbursement.

The following amendment was read and withdrawn:

Representative Lawler of the 20th moves to amend SB 312 by adding on line 1 of page 1 after the following:
"To amend",
the following:
"Code Section 34-9-121 of the Official Code of Georgia Annotated, relating to the employer's duty to secure workers' compensation coverage from certain licensed businesses, so as to provide for the effective date of workers' compensation coverage; to amend".
By redesignating Section 1 and Section 2 thereof as Sections 2 and 3, respectively.
By adding between lines 11 and 12 of page 1 the following:
"Section 1. Code Section 34-9-121 of the Official Code of Georgia Annotated, relating to the employer's duty to secure workers' compensation coverage from certain

1754

JOURNAL OF THE HOUSE,

licensed businesses, is amended by adding at the end thereof a new subsection (c) to read as follows:
'(c) Every business or entity licensed in this state to provide insurance coverage against an employer's liability for the payment of compensation under this chapter which business or entity takes an application to provide such coverage shall provide that coverage effective from the date of such application.'"

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

Y Aaron Y Adams.G Y Adams.M
Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Boaliok Y Branch
Bray Y Brooks
Brown YBuck Y Buford YByrd
Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B
Clark.L

Y Colbert Y Coleman Y Colwell
Y Connell Y Cooper Y Couch YCox Y Crawford
Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards
Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Green
Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert Y Holcomb Y Holmes
Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane.D
Lane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Under YLong Y Lord
Lucas Y Lupton Y Mangum
Martin Y McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Mostiler Y Moultrie
Y Mueller Y Oliver Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Pinks ton Y Pittman Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson,P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield

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

On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Colwell of the 4th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 312.

The Speaker Pro Tern assumed the Chair.

SB 206. By Senator Gillis of the 20th:
A bill to amend Article 10 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to fish and other seafoods and to wholesale fish dealers, so as to change the provisions relating to wholesale fish dealers' licenses; to change the annual license fees for nonresident or alien wholesale

WEDNESDAY, MARCH 4, 1987

1755

fish dealers; to repeal Code Section 27-4-74.1 of the Official Code of Georgia Annotated, relating to food fish dealers.

The following Committee substitute was read and adopted:

A BILL
To amend Article 10 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to fish and other seafoods and to wholesale fish dealers, so as to change the provisions relating to wholesale fish dealers' licenses; to change the annual license fees for nonresident or alien wholesale fish dealers; to change the provisions relating to exemptions; to repeal Code Section 27-4-74.1 of the Official Code of Georgia Annotated, relating to food fish dealers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 10 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to fish and other seafoods and to wholesale fish dealers, is amended by striking Code Section 26-2-312, relating to wholesale fish dealers' licenses, inspection fees, and exceptions, and inserting in lieu thereof a new Code Section 26-2-312 to read as follows:
"26-2-312. (a) No person, firm, association of persons, or corporation shall be authorized or permitted to engage in the business of wholesale fish dealer in this state without first having paid to the Commissioner of Agriculture the annual license fees required in this Code section and having procured a license from the Commissioner authorizing such person to engage in the business of wholesale fish dealer. The annual license fee applicable to and required of wholesale fish dealers shall be as follows:
(1) The annual license fee for each resident wholesale fish dealer shall be $50.00 for each place of business, fixed or movable;
(2) The annual license fee for each nonresident or alien wholesale fish dealer shall be $50.00 until July 1, 1988, and $500.00 on and after July 1, 1988, for each place of business, fixed or movablej provided that the annual license fee for each nonresident or alien wholesale fish dealer shall be $50.00 on and after July 1^ 1988, for each such dealer who is a resident of a state which has entered into a reciprocal agreement with the Commissioner of Agriculture of the State of Georgia to limit the fees which such state charges to Georgia residents who are wholesale fish dealers to not more than $50.00 per annum. (b) Each truck or movable unit from which fish are sold at wholesale shall be deemed a place of business within the meaning of this article. (c) A resident who catches er produces the fish and other seafood he sells at retail or wholesale shall not be required to pay the license fee provided in paragraph (1) of subsection (a) of this Code section; nor shall any commercial fisherman licensed to catch fish or seafood by the state game and fish laws, rules, and regulations be required to pay the license fee provided for in this Code section."
Section 2. Code Section 27-4-74.1 of the Official Code of Georgia Annotated, relating to food fish dealers, which reads as follows:
"27-4-74.1. (a) As used in this Code section, the term: (1) 'Nonresident food fish dealer' means a person residing outside of the State of
Georgia who at any time sells dead fish within this state for consumption as food, either directly to consumers as a retailer or to other persons for resale to consumers.
(2) 'Person' shall have the meaning specified by paragraph (50) of Code Section 27-1-2.
(3) 'Resident' shall have the meaning specified by paragraph (60) of Code Section 27-1-2.
(4) 'Resident food fish dealer' means a person residing within the State of Georgia who at any time sells dead fish within this state for consumption as food, either directly to consumers as a retailer or to other persons for resale to consumers.

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JOURNAL OF THE HOUSE,

(b) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to engage in business as a resident or nonresident food fish dealer without first obtaining an annual license from the department as follows:
(1) Resident food fish dealer..................................................................................$ 50.00 (2) Nonresident food fish dealer........................................................................... 500.00 (c) A licensed commercial fish hatchery shall not be required to obtain the license required by this Code section to sell fish as authorized by Code Section 27-4-75. However, any person purchasing fish from a commercial fish hatchery under the authority of Code Section 27-4-75 who sells such fish for consumption as food within this state shall be required to obtain a license under this Code section. Any person shipping fish into this state under the authority of subsection (b) of Code Section 27-4-74 who sells such for consumption as food within this state shall be required to obtain a license under this Code section. Persons selling fish from fish ponds under the authority of subsection (c) of Code Section 27-4-74 shall not be required to obtain a license under this Code section.", 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 roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon
Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
YBray Y Brooks Y Brown YBuck Y Buford YByrd
Carrell 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 Couch YCox Y Crawford
Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon
Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer
YGodbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays
Y Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson,R
Y Kilgore Y Kingston Y Lane,D
Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson
YLee Y Under YLong YLord
Lucas Y Lupton
Mangum Martin Y McDonald Y McKelvey Y McKinney Y Milam Y Milford Mobley Y Moody Y Moore Y Morton

Mos tiler Y Moultrie
Y Mueller Y Oliver
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom Ray Reaves Redding Y Richardson Y Ricketson Y Robinson.C Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Simpson Y Sinkfield

Y Sizemore Y Smith,L Y Smith,P
Y Smith.T Smith.W Smyre
YSnow Y Stancil Y Stanley
Steinberg Y Stephens Y Thomas.C
Thomas.M Thompson Y Thurmond 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 Williams,.]
Wilson Y Wood Y 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.

WEDNESDAY, MARCH 4, 1987

1757

SR 157. By Senator Kidd of the 25th:
A resolution authorizing the State Properties Commission to resolve a title matter affecting state land in Baldwin County, Georgia; to authorize the conveyance of an easement and the acceptance of a quitclaim deed in connection therewith; to provide an effective date.

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

Y Aaron Y Adaros.G Y Adams.M
Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks
Brown YBuck Y Buford YByrd
Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers Y Childs
Clark.B Y Clark.L

Y Colbert Y Coleman Y Cohvell
Connell Cooper Y Couch Cox Y Crawford Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd
Y Foster Y Galer
Y Godbee Y Goodwin Y Green Y Greene Y Greer
Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert
Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson,D Y Johnson,R Y Kilgore Y Kingston
Y Lane.D Y Lane,R
Langford Lawler Y Lawrence Lawson
YLee Y Linder YLong YLord
Lucas Y Lupton
Mangum Martin Y McDonald Y McKelvey McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Peters Y Pettit
Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard Rainey
Y Ramsey.T Y Ramsey.V
Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson.C
Robinson,? Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith.L
Y Smith.P Y Smith.T Y Smith, W
Smyre YSnow
Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas.M
Thompson Y Thurmond
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
Williama.J Wilson Y Wood Workman Y Yeargin Y Young Murphy,Spkr

On the adoption of the Resolution, the ayes were 143, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 17. By Representatives Thomas of the 69th, Chambless of the 133rd, Pannell of the 122nd and Waldrep of the 80th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions affecting jails, so as to declare unlawful the possession by a jail inmate of any controlled substance, dangerous drug, marijuana, alcoholic beverage, gun, pistol, or weapon without the knowledge and consent of the jailer; to provide definitions.

Representative Thomas of the 69th moved that the House insist on its position in disagreeing to the Senate substitute to HB 17 and that a Committee of Conference be

1758

JOURNAL OF THE HOUSE,

appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker Pro Tern appointed as a Committee of Conference on the part of the House the following members:
Representatives Thomas of the 69th, Waldrep of the 80th and Porter of the 119th.

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 7. By Senator Kidd of the 25th:

A RESOLUTION
Proposing an amendment to the Constitution so as to change the provisions relating to the election and terms of office of members of the General Assembly; to change the provisions relating to the organization of the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III of the Constitution is amended by striking in its entirety Paragraph V of Section II, relating to the election and terms of office of members of the General Assembly, and inserting in lieu thereof a new Paragraph V to read as follows:
"Paragraph V. Election and term of members, (a) The members of the General Assembly shall be elected by the qualified electors of their respective districts for a term of two four years and shall serve until the time fixed for the convening of the next General Assembly.
(b) The first election for members of the General Assembly under this Constitution to serve four-year terms shall take place on Tuesday after the first Monday in November, 1984 1988, and subsequent elections biennially quadrennially on that day until the day of election is changed by law."
Section 2. Said Article HI is further amended by striking in its entirety subparagraph (a) of Paragraph I of Section IV, relating to meeting, time limit, and adjournment of the General Assembly, and inserting in lieu thereof a new subparagraph (a) to read as follows:
"(a) The Senate and House of Representatives shall organize each odd-numbered year every four years beginning in 1989 and shall be a different General Assembly for each two-year four-year period. The General Assembly shall meet in regular session on the second Monday in January of each year, or otherwise as provided by law, and may continue in session for a period of no longer than 40 days in the aggregate each year. By concurrent resolution, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening. Separate periods of adjournment may be fixed by one or more such concurrent resolutions."
Section 3. This amendment shall become effective January 1, 1987, and shall apply to members of the General Assembly elected at the 1988 general election and elected at general elections held thereafter.
Section 4. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to change the terms of office of members of the General Assembly from two years to four years?"
( ) NO

WEDNESDAY, MARCH 4, 1987

1759

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

The following amendment was read and withdrawn:

Representative Shepard of the 71st moves to amend SR 7 as follows:
Paragraph B, line 21, by changing "1988" to "1992", and on line 5 of page 2, by changing "1988" to "1992", and Section 3, page 2, line 18, by changing "1988" to "1992".

The following amendment was read and adopted:

Representatives Walker of the 115th, Groover of the 99th, and Lee of the 72nd move to amend SR 7 as follows:
By changing "1987" to "1989" on line 17, page 2.

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 Y Adams.G N Adams.M Y Aiken Y Alford Y Alien Y Athon N Atkins Y Bailey Y Balkcom
N Bannister Y Bargeron Y Barnett.B
Y Barnett,M YBeck
Y Benefield YBenn Y Birdsong Y Bishop
Y Bostick Y Branch
YBray Y Brooks Y Brown YBuck Y Buford YByrd
Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark.L

N Colbert Y Coleman Y Colwell
Connell N Cooper Y Couch YCox N Crawford
Y Crosby Y Cummings
Y Davis,G N Davis.M Y Dixon YDobbs Y Dover
Y Dunn Y Edwards N Felton Y Floyd Y Foster Y Galer Y Godbee N Goodwin Y Green Y Greene Y Greer
Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty YHays N Heard Y Hensley

N Herbert Y Holcomb Y Holmes
Y Hooks Y Hudson N Isakson Y Jackson,J
Y Jackson.W Y Jamieson Y Johnson.D Y Johnson,R Y Kilgore N Kingston Y Lane.D Y Lane.R N Langford Y Lawler N Lawrence Y Lawson YLee N Linder YLong YLord
Lucas Y Lupton Y Mangum N Martin Y McDonald Y McKelvey Y McKinney Y Milam Y Milford Y Mobley Y Moody
Moore Y Morton

Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock
Y Padgett Pannell
Y Parham
Y Parrish Patten
Y Peters Y Pettit
Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard
Rainey Y Ramsey.T N Ramsey.V Y Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman N Shepard Y Sherrod N Simpson Y Sinkfield

Sizemore Y Smith.L N Smith,P
Y Smith,T N Smith.W Y Smyre YSnow N Stand]
Y Stanley Y Steinberg Y Stephens
Thomas.C Thomas,M Y Thompson Y Thurmond Y Townsend Y Triplett YTwiggs N Waddle N Waldrep Y Walker.C Y Walker,L Y Wall
Y Ware Y Watson Y Watts
White N Wilder N Williams.B
Williams,.) Wilson
Y Wood Y Workman Y Yeargin
Y Young Murphy.Spkr

On the adoption of the Resolution, as amended, the ayes were 136, nays 27.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted, as amended.

1760

JOURNAL OF THE HOUSE,

Representative Wall of the 61st stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

SB 92. By Senators Hine of the 52nd and Dawkins of the 45th:
A bill to amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests and suspension of drivers' licenses for refusal to submit to tests, so as to provide that the sworn report of a law enforcement officer regarding the refusal of an arrested person to submit to chemical tests shall be transmitted to the Department of Public Safety within ten days after the date of the arrest of such person.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests and suspension of drivers' licenses for refusal to submit to tests, so as to provide that the sworn report of a law enforcement officer regarding the refusal of an arrested person to submit to chemical tests shall be transmitted to the Department of Public Safety within ten days after the date of the arrest of such person; to provide for reports transmitted later than ten days after arrest; to provide that the period of suspension shall run after exhaustion of administrative appeals; to provide for definitions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-5-55 of the Official Code of Georgia Annotated, relating to implied consent to chemical tests and suspension of drivers' licenses for refusal to submit to tests, is amended by striking in its entirety subsection (c) and inserting in its place a new subsection (c) to read as follows:
"(c) If a person under arrest refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (a) of this Code section, no test shall be given; but the department, upon the receipt of a sworn report of the law enforcement officer that he had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391 and that the person had refused to submit to the test upon the request of the law enforcement officer, shall in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and except as otherwise provided in this Code section, notify the person that his license is to be suspended, subject to review as provided for in this chapter. The sworn report required by this subsection of a law enforcement officer regarding the refusal of an arrested person to submit to a chemical test shall be transmitted to the department within ten days after the date of the arrest of such person, and the period of suspension shall begin to run only after all administrative hearings and appeals have been exhausted. Any report of a law enforcement officer which has been transmitted to or received by the department more than ten days after the arrest shall be filed by the department for record purposes only, and no action shall be taken by the department. As used in this subsection, the term 'transmitted' shall mean deposited with the United States Postal Service, and a report under this subsection shall be deemed to have been transmitted within the ten-day period if it te postmarked on or before the tenth day after the date of arrest."
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.

WEDNESDAY, MARCH 4, 1987

1761

On the passage of the Bill, by substitute, the roll call was ordered and the vote was i follows:

Y Aaron
Y Adams.G Y Adams.M Y Aiken Y Alford
Alien
Y Athon Y Atkins Y Bailey
Balkcom
Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong
Bishop
Y Bostick Branch Bray
Y Brooks Y Brown YBuck Y Buford YByrd
Carrell 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 Couch YCox Y Crawford Crosby Y Cummings Y Davis.G Y Davis.M Dixon Y Dobbs Y Dover Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Goodwin Y Green Y Greene Y Greer Gresham Y Griffin Y Groover Y Hamilton Manner Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert Y Holcomb
Holmes Y Hooks
Hudson Y Isakson
Y Jackson,J Y Jackson.W Y Jamieson Y Johnson,D Y Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane,R
Langford Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum
Y Martin Y McDonald Y McKelvey
McKinney Y Milam Y Milford
Mobley Y Moody Y Moore Y Morton

Mostiler Moultrie Y Mueller Y Oliver Y Orrock
Y Padgett Pannell
Y Parham
Y Parrish Y Patten Y Peters Y Pettit
Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T
Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C
Y Robinson.P Y Royal
Selman Shepard Y Sherrod
Y Simpson Y Sinkfield

Y Sizemore Y Smith.L Y Smith,P
Y Smith.T Y Smith,W YSmyre YSnow
Y Stancil Y Stanley
Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond 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
Williams,,]
Wilson Y Wood
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 substitute.

SB 286. By Senator Howard of the 42nd:
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 Committee substitute was read:

A BILL
To amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to licensure of physicians, so as to provide for the issuance of licenses to teach or demonstrate medicine; to require the Composite State Board of Medical Examiners 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; to repeal conflicting laws; and for other purposes.

1762

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to licensure of physicians, is amended by adding after Code Section 43-34-29 a new Code section to read as follows:
"43-34-29.1. Notwithstanding any other law to the contrary, the board may issue, in its discretion, without examination, a teacher's license to licensed physicians of other states and foreign countries for the sole purpose of teaching or demonstrating medicine in a board approved medical college or its affiliated clinic in this state."
Section 2. Said article 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:
"(i) The board shall investigate a licensee's fitness to practice medicine if the board has received regarding that licensee a notification, pursuant to Code Section 33-3-27, of a medical malpractice judgment or settlement in excess of $100,000.00 or a notification pursuant to Code Section 33-3-27 that there have been two or more previous judgments against or settlements with the licensee relating to the practice of medicine. Every licensee shall notify the board of any settlement involving the licensee and relating to the practice of medicine in excess of $10,000.00."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Green of the 106th moves to amend the Committee substitute to SB 286 by striking the figure "$100,000.00" on line 5, page 2, and inserting the figure "$200,000.00", and by striking lines 9, 10, and 11 on page 2.

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

Y Aaron Y Adams.G Y Adams.M
N Aiken N Alford Y Alien N Athon N Atkins Y Bailey Y Balkcom N Bannister Y Bargeron N Barnett,B Y Barnett,M Y Beck Y Benefield Y Benn Y Birdsong
Bishop Y Bostick Y Branch
Bray Y Brooks Y Brown N Buck N Buford
Byrd Carrell Y Carter N Chambless Y Chance Cheeks N Childers

Y Childs Y Clark.B
Clark.L
N Colbert Coleman
N Colwell Connell Cooper
Y Couch N Cox Y Crawford
Crosby N Cummings Y Davis.G N Davis.M Y Dixon N Dobbs Y Dover Y Dunn Y Edwards N Felton Y Floyd Y Foster
Galer Godbee N Goodwin Y Green Y Greene Greer Gresham Y Griffin Y Groover N Hamilton

Manner Y Harris N Hasty
Y Hays N Heard N Hensley Y Herbert Y Holcomb Y Holmes
Hooks Hudson N Isakson N Jackson,.! Y Jackson, W Y Jamieson Y Johnson.D N Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford N Lawler N Lawrence N Lawson Y Lee N Linder Y Long Lord Lucas N Lupton Mangum N Martin

Y McDonald N McKelvey
McKinney
N Milam Milford
Y Mobley Y Moody Y Moore N Morton
Mostiler N Moultrie N Mueller Y Oliver N Orrock Y Padgett
Pannell Y Parham Y Fairish Y Patten Y Peters
Pettit Phillips Pinkston Y Pittman Y Porter Y Powell N Prichard Y Rainey Ramsey.T N Ramsey.V Randall Y Ransom Y Ray

Reaves Y Redding N Richardson
Y Ricketson Y Robinson.C N Robinson.P Y Royal
Selman Shepard N Sherrod N Simpson N Sinkfield Sizemore N Smith,L Y Smith.P N Smith.T Smith.W Y Smyre N Snow N Stancil N Stanley Steinberg N Stephens N Thomas.C Thomas.M N Thompson Thurmond N Townsend Y Triplett Twiggs Y Waddle Y Waldrep Walker.C

WEDNESDAY, MARCH 4, 1987

1763

N Walker,L Y Wall N Ware

Y Watson Y Watts
White

N Wilder N Williams.B
Williams..!

Wilson N Wood Y Workman

Y Yeargin
Young Murphy,Spkr

On the adoption of the amendment, the ayes were 78, nays 58. The amendment was adopted.

The Committee substitute, as amended, was adopted.

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

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister
Y Bargeron Y Barnett,B Y Bamett,M YBeck Y Benefield YBenn
Y Birdsong Bishop
Y Bostick Y Branch
Bray Y Brooks Y Brown YBuck Y Buford YByrd
Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers Y Childs Y Clark,B Y Clark.L

Y Colbert Y Coleman Y Colwell
Connell Cooper Y Couch
Y Cox Y Crawford
Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon
Y Dobbs Y Dover
YDunn Y Edwards Y Felton Y Floyd Y Foster Y Galer
God bee
Y Goodwin Y Green
Y Greene Y Greer
Gresham Y Griffin Y Groover
Y Hamilton Y Manner Y Harris
Y Hasty YHays Y Heard
Y Hensley

Y Herbert
Y Holcomb Y Holmes Y Hooks
Hudson Y Isakson
Y Jackson,J Y Jackson,W Y Jamieson Y Johnson.D
Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Under
YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam Y Milford
Y Mobley Y Moody Y Moore Y Morton

Mostiler Y Moultrie Y Mueller Y Oliver
Y Orrock Y Padgett
Pannell Y Parham Y Parrish
Patten Y Peters
Pettit Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore
Y Smith.L Y Smith.P Y Smith.T Y Smith,W
Y Smyre YSnow Y Stancil Y Stanley
Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L YWall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J
Wilson Y Wood Y Workman
Y Yeargin Young Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SB 283. By Senator Walker of the 43rd:
A bill to amend Article 7 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to the sales of distilled spirits in certain municipalities, so as to permit municipalities to issue licenses permitting the manufacture, sale, or distribution of distilled spirits or to authorize the sale of distilled spirits by the drink for consumption only on the premises based on approval for such licenses in the county.

1764

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 N Adams.G
Adams,M N Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister
Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick N Branch
Bray Y Brooks
Brown YBuck
Buford Byrd Carrell
Y Carter Y Chambless N Chance
Cheeks Y Childers Y Childs
Y Clark,B Y Clark,L

Y Colbert Y Coleman N Colwell
Connetl Cooper Y Couch
YCox N Crawford
Crosby N Cummings Y Davis.G N Davis.M Y Dixon N Dobbs N Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster
Galer Godbee Y Goodwin Y Green Y Greene
Y Greer Gresham
Y Griffin Y Groover
Hamilton Hanner Y Harris N Hasty
NHays N Heard N Hensley

Y Herbert N Holcomb Y Holmes Y Hooks
Hudson Y Isakson Y JacksonJ
Jackson,W Jamieson Y Johnson.D N Johnson.R
Kilgore Y Kingston N Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord
Lucas N Lupton Y Mangum Y Martin
McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley N Moody Y Moore Y Morton

Mostiler
N Moultrie N Mueller N Oliver
Y Orrock Y Padgett
Pannell Y Parham Y Parrish
Patten Y Peters
Pettit Phillips Pinkston Y Pittman Y Porter
Y Powell Y Prichard Y Rainey
Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding N Richardson Y Ricketson Y Robinson.C Y Robinson.P N Royal Y Selman
Shepard
N Sherrod Y Simpson Y Sinkfield

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

On the passage of the Bill, the ayes were 106, nays 34. The Bill, having received the requisite constitutional majority, was passed.

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 be recorded as voting "nay"
thereon.

The following Resolution of the House was read:

HR 402. By Representative Murphy of the 18th:

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly adjourn at 5:00 P.M. on March 6, 1987, and reconvene at 10:00 A.M. on March 9, 1987.

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

Y Aaron Y Adams.G Y Adams.M

Y Aiken Y Alford Y Alien

Y Athon Y Atkins Y Bailey

Y Balkcom Y Bannister Y Bargeron

Y Barnett,B Y Barnett.M
YBeck

WEDNESDAY, MARCH 4, 1987

Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers Y Childs
Clark,B
Y Clark.L Y Colbert
Y Coleman Y Colwell
Connell Y Cooper Y Couch YCox Y Crawford
Crosby Y Cummings Y Davis.G Y Davis,M

Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster
Galer
Y Godbee Y Goodwin
Green Y Greene Y Greer
Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris Y Hasty YHays Y Heard Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks
Hudson Y Isakson Y Jackson,J Y Jackson, W Y Jamieson

Y Johnson.D Y Johnson.R Y Kilgore
Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam
Milford Y Mobley Y Moody Y Moore Y Mortpn
Mos tiler Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett

Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit
Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson
Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman
Shepard Y Sherrod
Y Simpson Y Sinkfield
Sizemore Y Smith.L Y Smith.P

On the adoption of the Resolution, the ayes were 151, nays 0. The Resolution was adopted.

1765
Y Smith.T Y Smith,W
Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Wilson Y Wood Y Workman Y Yeargin Young Murphy.Spkr

Representative Childers of the 15th moved that the following Bill of the House be withdrawn from the Committee on Health and Ecology and referred to the Committee on Ways and Means:

HB 1009. By Representative Pettit of the 19th:
A bill to amend Article 1 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide that all funds collected from the assessment of an additional fee on license plates shall be received and disbursed by the Department of Human Resources for the support of emergency medical services systems.
The motion prevailed.

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

SR 99. By Senators Langford of the 35th, Scott of the 36th and Tate of the 38th:

A RESOLUTION
Proposing an amendment to the Constitution to authorize any municipality 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 to incur an additional $8 million per annum in bonded indebtedness without the necessity of a referendum; to repeal conflicting laws; and for other purposes.

1766

JOURNAL OF THE HOUSE,

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article IX, Section V, Paragraph I of the Constitution is amended by adding at the end thereof a new subparagraph (c) to read as follows:
"(c) Any other provision of this Constitution to the contrary notwithstanding, any city 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 may issue general obligation bonds for any lawful purpose, other than school purposes, without submitting the issuance
thereof to the voters of said city at a referendum, subject to the following restrictions and limitations:
(1) The issuance of such bonds shall be authorized at a public hearing held for
such purpose after at least ten days' notice thereof has been published in the official organ of said city and in at least one newspaper of general circulation within said city;
(2) Within 30 days after the public hearing, any person opposed to the issuance
of such bonds without a referendum may prepare and circulate a petition for a referendum on the issuance of such bonds and file such petition with the city clerk. If the petition contains the signatures of at least 5 percent of the registered voters of the
city, and such fact shall be determined by the city clerk, the city clerk shall notify the election superintendent of the city, and the election superintendent shall issue the call for an election to submit the question on the issuance of such bonds to the voters
of the city. The election shall be held not less than 30 nor more than 45 days from the date of the call; provided, however, upon the filing of a petition for a referendum, the governing authority of the city may withdraw the proposal from further consider-
ation and decline to issue the bonds, and in that event, no new public hearing to reconsider the same proposal for a bond issue may be had within a period of 90 days following the date on which the petition for a referendum was filed with the city clerk;
(3) Not more than $8 million in aggregate principal amount of bonds issued without a referendum shall be issued in any fiscal year under the authority of this
subparagraph (c); provided, however, it is specifically provided that the amount of bonds that may be issued under the authority of this subparagraph (c) is in addition
to the amount of bonds which may be issued without a referendum under any authority previously possessed by the city; and
(4) The aggregate of all outstanding bonds, including those issued by a vote of the
people in a referendum and those issued without a referendum, shall not exceed the debt limitation applicable to said city."

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 he amended so as to authorize any municipality 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 to incur an additional $8 million per annum in bonded indebtedness without the necessity of a referendum?"

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:

WEDNESDAY, MARCH 4, 1987

1767

Aaron Y Adams.G Y Adams.M Y Aiken
Alford Y Alien Y Athon Y Atkins
Y Bailey Y Balkcom Y Bannister Y Bargeron N Barnett.B Y Barnett,M
YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks
Brown
YBuck Y Buford
YByrd Y Carrell Y Carter
Chambless Y Chance
Cheeks Y Childers
Y Childs Y Clark.B
Clark.L

Y Colbert Y Coleman N Colwell
Connell Y Cooper Y Couch YCox Y Crawford
Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon N Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster
Galer Y Godbee Y Goodwin
Green Y Greene Y Greer
Gresham Y Griffin Y Groover
Y Hamilton Manner
Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert Y Holcomb
Y Holmes Y Hooks
Hudson Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Lawler Y Lawrence Y Lawson
YLee Y Under YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam
Milford Mobley Y Moody Y Moore N Morton

Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett
Panned Y Parham
Y Parrish
Y Patten Y Peters
Pettit Phillips
Pinkston Y Pittman Y Porter
Powell Y Prichard Y Rainey
Y Ramsey/T Y Ramsey.V Y Randall
Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal
Y Selman
Shepard
Y Sherrod
Y Simpson Y Sinkfield

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

On the adoption of the Resolution, the ayes were 138, nays 4.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tem announced the House adjourned until 10:00 o'clock, tomorrow morning.

1768

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, March 5, 1987

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 R. E. Donaldson, Mount Vernon Baptist Church, Augusta, Georgia.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:
HB 1138. By Representatives Mueller of the 126th, Alien of the 127th and Johnson of the 123rd: A bill to amend an Act approved August 12, 1914 providing for the registration of voters to vote at the municipal elections in the City of Savannah, so as to limit the number of terms the mayor of the City of Savannah may serve.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1139. By Representatives Harris of the 84th, Jackson of the 83rd, Dover of the llth, Godbee of the 110th, Davis of the 45th and others: A bill to amend Code Section 27-4-34 of the Official Code of Georgia Annotated, relating to fishing with a bow and arrow, so as to authorize nongame fish to be taken by bow and arrow at night by the use of a light.
Referred to the Committee on Game, Fish & Recreation.

THURSDAY, MARCH 5, 1987

1769

HB 1140. By Representative Peters of the 2nd:
A bill to amend an Act placing the coroner of Catoosa County on an annual salary, so as to increase the salary of the coroner; to clarify when a deputy coroner may act in the place of the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1141. By Representative Ricketson of the 82nd:
A bill to amend an Act creating the Board of Commissioners of Glascock County, so as to correct references and make grammatic and stylistic changes in such Act; to change the provisions relating to the compensation of the clerk.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1142. By Representative Ricketson of the 82nd:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Glascock County and providing in lieu thereof an annual salary, so as to change the provisions relating to the compensation of the chief deputy sheriff and deputy sheriffs.
Referred to the Committee on State Planning & Community Affairs - Local.

By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the committees:

HB 1143. By Representatives Lawler of the 20th and Hensley 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.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1144. By Representative Hanner of the 131st:
A bill to amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Water Well Standards Act of 1985", so as to change the provisions relating to the licensing of water well contractors generally.
Referred to the Committee on Natural Resources & Environment.

HB 1145. By Representative Hanner of the 131st:
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 establishment, construction, financing, and operation of municipal port and terminal facilities in the City of Fort Gaines and Clay County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1146. By Representative Hanner of the 131st:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Clay County Development Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

1770

JOURNAL OF THE HOUSE,

HB 1147. By Representative Hanner of the 131st:
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 Fort Gaines in Clay County to levy a tax not to exceed one mill for the purpose of promoting and encouraging the location of new industries in the City of Fort Gaines.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1148. By Representative Orrock of the 30th:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions applicable to the "Georgia Boat Safety Act", so as to provide additional requirements relative to the issuance of certificates of number for vessels.
Referred to the Committee on Game, Fish & Recreation.

HR 410. By Representatives Kingston of the 125th, Rainey of the 135th, Watts of the 41st, Coleman of the 118th and Peters of the 2nd:
A resolution creating the House Artificial Reef Study Committee.
Referred to the Committee on Rules.

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

HB 1130 HB 1131
HB 1132 HB 1133
HB 1134 HB 1135
HB 1136

HB 1137 HR 370
HR 371 HR 372
SB 384 SB 386
SB 387

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 10 Do Pass, by Substitute SB 239 Do Pass SB 278 Do Pass
Respectfully submitted, M Watson of the 114th
Chairman

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

THURSDAY, MARCH 5, 1987

1771

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 68 Do Pass SB 121 Do Pass, by Substitute SB 223 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman

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

Mr. Speaker:

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

SB 31 Do Pass, by Substitute SB 218 Do Pass SB 306 Do Pass

SB 316 Do Pass SB 361 Do Pass, by Substitute

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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 136 Do Pass
Respectfully submitted, /s/ Phillips of the 120th
Chairman

Representative Coleman of the 118th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
SB 189 Do Pass HB 837 Do Pass
Respectfully submitted, /s/ Coleman of the 118th
Chairman

1772

JOURNAL OF THE HOUSE,

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 Senate and has instructed me to report the same back to the House with the following recommendation:
SR 70 Do Pass, by Substitute
Respectfully submitted, Is/ Lee of the 72nd
Chairman

Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 52 Do Pass SB 287 Do Pass
Respectfully submitted, /s/ Randall of the 101st
Chairman

Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1119 Do Pass HB 1124 Do Pass
HB 1125 Do Pass HB 1126 Do Pass
HB 1127 Do Pass

HB 1128 Do Pass SB 350 Do Pass
SB 380 Do Pass SB 381 Do Pass
HB 1129 Do Pass

Respectfully submitted, /s/ Adams of the 36th
Chairman

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

HOUSE RULES CALENDAR THURSDAY, MARCH 5, 1987
Mr. Speaker and Members of the House:
The House Committee on Rules has set the calendar for this thirty-sixth Legislative Day as enumerated below:

THURSDAY, MARCH 5, 1987

1773

HR 282 U.S. Congress: Members' Compensation: Ratify U.S. Constitution
SB 39 Prisoners: Medical Costs: Reimbursement to Counties SB 41 Employment: Jury Duty: Prohibit Dismissal SB 156 Recall Elections: Amend Provisions Relating to Contributions SB 173 Traffic Violations: Fees for Transmitting Reports SB 198 Magistrate Courts: Officers' Commission SB 229 Abortions: Parental Notification Act SB 236 Guardianship Hearings: Certain Persons: Fees SB 264 Evidence: Arson Investigator: Witness Fees SB 289 Prescription Drugs: Generic Substitution: Requirements
SR 120 Brunswick, City of: Convey Property
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, Is/ Lee of the 72nd
Chairman

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

HB 1119.

By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th:
A bill to amend an Act creating a charter for the City of Ball Ground, in Cherokee County, so as to expand the corporate limits.

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

HB 1124.

By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A bill to amend an Act abolishing the offices of tax receiver and tax collector of Floyd County and creating in their place the office of tax commissioner of Floyd County, so as to authorize the Board of Commissioners of Floyd County to supplement the compensation of that 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 1125. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A bill to amend an Act establishing the compensation and allowances for the clerk of the Superior Court of Floyd County and the judge of the Probate Court of Floyd County, so as to authorize the Board of Commissioners of Floyd County to supplement the compensation of such officers.

1774

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 1126. By Representative Dixon of the 151st:
A bill to amend an Act providing and establishing a new charter for the City of Waycross, so as to provide for the office of 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 1127. By Representatives Snow of the 1st and Hays of the 1st:
A bill to amend an Act creating the State Court of Walker County, so as to provide for a secretary for the judge of the court.

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

HB 1128.

By Representatives Brown of the 88th, Cheeks of the 89th, Padgett of the 86th, Connell of the 87th and Walker of the 85th:
A bill to amend an Act regulating public instruction in Richmond County, so as to change the compensation of the members and officers of the Board of Education of Richmond 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 350. By Senator Harrison of the 37th:
A bill to amend an Act reincorporating and re-creating the City of Woodstock, as amended, so as to provide for the term of office of the mayor; to provide that the same person may serve as mayor for a limit of two consecutive terms of office; to provide for applicability; to make editorial changes.

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

THURSDAY, MARCH 5, 1987

1775

SB 380. By Senator Edge of the 28th:
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 Pike County to require that returns for ad valorem taxation in the county be made to the county board of tax assessors; to provide the authority for this Act.

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

SB 381. By Senators Brannon of the 51st and Fincher of the 54th:
A bill to amend an Act changing the compensation of the coroner of Whitfield County so as to change the compensation of the coroner; to provide for the appointment of deputy coroners by the coroner and their compensation for death investigations; to provide an effective date.

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

Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following Bill of the House was taken up for consideration and read the third time:

HB 1129.

By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to provide for a $10,000.00 homestead exemption from all City of Sky Valley ad valorem taxes for residents of that city; 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 roll call was ordered and the vote was as follows:

Aaron Y Adams.G Y Adams.M Y Aiken
Alford Alien Y Athon
Y Atkins
Y Bailey Y Balkcom
Y Bannister
Y Bargeron
Harriett, B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick

Y Branch Bray Brooks Brown
YBuck
Y Buford Byrd
Y Carrell Y Carter
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 Couch
Cox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis,M Y Dixon
Y Dobbs Y Dover
YDunn Y Edwards
Felton
Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green

Y Greene YGreer Y Gresham Y Griffin
Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty YHays Y Heard Y Hensley Y Herbert Y Holcomb
Y Holmes Y Hooks Y Hudson Y Isakson Y JacksontJ Y Jackson,W

Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston
Y Lane,D Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson YLee Y Linder YLong
Lord Lucas Y Lupton Y Mangum Y Martin Y McDonald

1776

JOURNAL OF THE HOUSE,

Y McKelvey Y McKinney YMilam
Milfoid Y Mobley Y Moody Y Moore
Morton Mostiler Y Moultrie Y Mueller Y Oliver Orrock Y Padgett Pannell YParham

Y Parrish
Patten Peters Y Pettit
Y Phillips Pinkston
Pittman Y Porter Y Powell Y Prichard
Rainey
Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
Ray

Reaves Redding Richardson
Ricketson Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield Sizemore Y Smith.L Y Smith,P Y Smith.T

Y Smith.W YSmyre YSnow Y Stancil
Y Stanley Steinberg
Y Stephens Thomas.C
Y Thoraas.M Y Thompson Y Thurmond 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 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 two-thirds 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 165. By Senator Tysinger of the 41st:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to provide by law for the form of government of DeKalb County and to provide for the various officers, bodies, branches, departments, or agencies by and through which the county's governmental powers shall be exercised; to provide the authority for this Act.

SB 319. By Senators Langford of the 35th, Engrain of the 34th and Scott of the 36th:
A bill to amend an Act providing for urban enterprise zones in the City of Atlanta, as amended, so as to provide that urban enterprise zones for commercial and industrial purposes may be created in census tracts in which the percentage of total jobs lost for certain five-year periods was at least double the percentage of jobs lost during such period for Fulton County as a whole.

HB 370. 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 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 Decatur in the County of DeKalb to issue and sell revenue anticipation obligations to provide funds for the purchase of lands and for the construction and operation of off-street automobile parking.

HB 373. 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 bill to amend an Act creating and establishing a new charter for the City of Decatur, so as to change the corporate limits of the City of Decatur.

THURSDAY, MARCH 5, 1987

1777

HB 651. By Representatives Workman of the 51st, Robinson of the 58th, Childs of the 53rd, Alford of the 57th, Williams of the 48th and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing authority of DeKalb County to exempt from ad valorem property taxes levied by DeKalb County and the DeKalb County School System the value of certain improvements to real property in DeKalb County and limiting the amount and duration of the exemption.

HB 774. By Representatives Childs of the 53rd, Richardson of the 52nd, Alford of the 57th, Workman of the 51st, Robinson of the 58th 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 add a judge to said court.

HB 814. By Representatives Richardson of the 52nd, Childs of the 53rd, Lawrence of the 49th, Robinson of the 58th, Williams of the 54th and others:
A bill to amend an Act creating and establishing a charter for the City of Decatur, so as to change the terms of members of the board of education of the City of Decatur.

HB 866. By Representative Carrell 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 providing that all of Walton County exclusive of the independent school system of Social Circle shall comprise one school district, and it shall be under the control and management of a county board of education; to provide the authority for this Act.

HB 900. By Representative 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 creating the Jenkins County Development Authority.

HB 933. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act creating the Board of Commissioners of Newton County, so as to change provisions relating to expense allowances of members of the board.

HB 944. By Representative Ricketson 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 providing for the election of the members of the Board of Education of Glascock County by the people.

HB 945. By Representative Ricketson 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 creating the Glascock County Industrial Development Authority.

HB 958. By Representative Powell of the 145th:

1778

JOURNAL OF THE HOUSE,

A bill to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits; to require certain voting procedures by council members.

HB 970. By Representative Green of the 106th:
A bill to provide that the school superintendent of the Greene County School District shall be appointed by the board of education rather than elected.

HB 971. 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 providing for a certain disposition of fees, costs, and fines received or collected by the tax commissioner of Chattooga County from the board of education of Chattooga County.

HB 972. 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 providing for the election for members of the Board of Education of Chattooga County by the people.

HB 1004.

By Representative Watts of the 41st:
A bill to amend an Act placing the clerk of the superior court, the sheriff, the ordinary, and the coroner of Paulding County on a salary basis in lieu of a fee basis, so as to change the compensation of the coroner.

HB 1005.

By Representative Watts of the 41st:
A bill to amend an Act creating the board of commissioners of Paulding County, so as to change the compensation of the chairman of the board of commissioners.

HB 1034.

By Representatives Shepard of the 71st, Mostiler of the 75th, Bray of the 91st and Ware of the 77th:
A bill to reincorporate and provide a new charter for the City of Newnan in Coweta County.

HB 1055.

By Representative Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Cook County, so as to change the compensation of the chairman and members of the board of commissioners.

HB 1058.

By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to amend an Act creating the Chehaw Park Authority, so as to change the composition of the authority and provide for appointment and terms of its members.

HB 1059. By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and Balkcom of the 140th:

THURSDAY, MARCH 5, 1987

1779

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 pass a special Act to merge the existing independent school system of the City of Albany and the existing school district in the County of Dougherty lying outside the corporate limits of said city into one school district co-extensive with the limits of Dougherty County.

HB 1060.

By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and 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 authorizing the governing authority of Dougherty County to grant exclusive franchises for the collection of garbage in the unincorporated areas of Dougherty County.

HB 1061.

By Representatives White of the 132nd, Young of the 134th, Chambless of the 133rd and Balkcom of the 140th:
A bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the compensation of the chairman and members of the board.

HB 1062. By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and 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 abolishing the office of Tax Commissioner of the County of Dougherty and delegating to the governing authority of Dougherty County the authority to merge and consolidate the Board of Tax Assessors and the departments, officers, and functions of the County of Dougherty relating to the return and assessment of property for taxation.

HB 1064.

By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to amend an Act creating the State Court of Dougherty County, so as to change provisions concerning costs and fees.

HB 1065.

By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and 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 authorizing the City of Albany to increase its bonded indebtedness, in addition to the amount of debts heretofore allowed under the Constitution, under certain circumstances, for the purpose of purchasing, erecting, building, repairing, and maintaining a waterworks system.

HB 1066. By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and 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 providing for the establishment of a sewage system in the City of Albany and Dougherty County and the authority for the City of Albany to contract with Dougherty County with respect to a sewage system, including a sewage disposal plant.

1780

JOURNAL OF THE HOUSE,

HB 1067.

By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd and 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 providing for the establishment of a sewage system in the City of Albany and Dougherty County and providing for the financing of such sewage system and a sewage disposal plant and for the assessment of the cost of such sewers.

HB 69. By Representatives Benn of the 38th, Sinkfield of the 37th and Lucas of the 102nd:
A bill to amend Code Section 44-12-199 of the Official Code of Georgia Annotated, relating to the presumption of abandonment of property under Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, known as the "Disposition of Unclaimed Property Act", so as to provide for an exception regarding such property held on behalf of former clients of county departments of family and children services.

HB 132. By Representative Ramsey of the 3rd:
A bill to amend Chapter 11 of Title 34 of the Official Code of Georgia Annotated, known as the "Boiler and Pressure Vessel Safety Act", so as to change the definition of a certain term; to authorize the Department of Labor with the advice and consent of the Board of Boiler and Pressure Vessel Rules to formulate definitions, rules, and regulations for the operation of boilers and pressure vessels.

HB 309. By Representatives Buck of the 95th, Pinkston of the 100th, Hooks of the 116th, Adams of the 36th, Greer of the 39th and others:
A bill to amend Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the "Housing Authorities Law", so as to change certain definitions; to provide for a definition of private management agreement; to provide a clarification of certain powers of housing authorities; to provide for the sale of bonds by an authority on a negotiated basis under certain conditions.

HB 342. By Representative Groover of the 99th:
A bill to amend Code Section 34-9-1 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that elected members of the county governing authority are included in the definition of employee.

HB 347. By Representatives Beck of the 148th and Padgett of the 86th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special motor vehicle license plates, so as to provide that distinctive personalized license plates shall be issued to civilian internees on the same basis as to former prisoners of war.

HB 653. By Representatives Barnett of the 59th and Bannister of the 62nd:
A bill to amend Article 3 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to indictments, so as to provide that if two indictments on the same offense, charge, or allegation are quashed, whether by motion, demurrer, special plea or exception, or other pleadings of the

THURSDAY, MARCH 5, 1987

1781

defendant or by the court's own motion, such actions shall be a bar to future prosecution for the offense, charge, or allegation.

HB 755. By Representatives Bargeron of the 108th and Godbee of the 110th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change the terms of superior court for Burke County of the Augusta Judicial Circuit.

HB 835. By Representative Wilder of the 21st:
A bill to amend Part 10 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to miscellaneous liens, so as to provide for a lien in favor of persons, firms, and corporations engaged in the business of altering or repairing clothing or shoes.

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

HB 644. By Representative Thompson of the 20th:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the county supplement for the district attorney.

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

HB 126. By Representative Wall of the 61st:
A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to prohibit certain acts and conduct which would prevent or disrupt a session or meeting of the Senate or House of Representatives, a joint session thereof, or any meeting of any standing or interim committee, commission, or caucus of members thereof.

HB 142. By Representatives Childs of the 53rd, Williams of the 54th and Cummings of the 17th:
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 provide for definitions; to prohibit selling or furnishing cigarettes or tobacco related objects to any minor; to prohibit the purchase or procurement of cigarettes or tobacco related objects for any minor.

HB 198. By Representatives Pannell of the 122nd, Steinberg of the 46th, Connell of the 87th, Hooks of the 116th, Chambless of the 133rd and others:
A bill to amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to the unlawful reproduction and sale of recorded material, so as to provide definitions; to declare unlawful the sale, rental, loan for monetary consideration, or other dissemination of a video movie unless the official rating is prominently displayed on the covering.

HB 726. By Representatives Lawson of the 9th, Williams of the 48th and Colbert of the 23rd:

1782

JOURNAL OF THE HOUSE,

A bill to amend Code Section 33-34-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Georgia Motor Vehicle Accident Reparations Act", so as to redefine what shall be considered as the
operation, maintenance, or use of a motor vehicle.

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

SB 24. By Senator Kidd of the 25th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions regarding the disposition of mentally ill, alcoholic, or drug dependent individuals after judicial hearings; to change the provisions regarding noncompliance of mentally ill, alcoholic or drug dependent individuals with involuntary outpatient treatment.

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

SB 165. By Senator Tysinger of the 41st:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to provide by law for the form of government of DeKalb County and to provide for the various officers, bodies, branches, departments, or agencies by and through which the county's governmental powers shall be exercised; to provide the authority for this Act.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 319. By Senators Langford of the 35th, Engram of the 34th and Scott of the 36th:
A bill to amend an Act providing for urban enterprise zones in the City of Atlanta, as amended, so as to provide that urban enterprise zones for commercial and industrial purposes may be created in census tracts in which the percentage of total jobs lost for certain five-year periods was at least double the percentage of jobs lost during such period for Fulton County as a whole.
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 Senate were taken up for consideration and read the third time:

SB 264. By Senators Langford of the 35th, Engram of the 34th and Scott of the 36th:
A bill to amend Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notice to produce evidence, so as to provide witness fees for arson investigators; to provide an effective date.

The following amendment was read and adopted:

The Committee on Judiciary moves to amend SB 264 by inserting on line 20 of page 1 between "or" and "local" the following:

THURSDAY, MARCH 5, 1987

1783

"any arson investigator member of a".

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

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister
Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks
Brown Buck Y Buford YByrd Y Carrell Y Carter Chambless Y Chance Cheeks Y Childers Childs Clark.B Y Clark,L

Y Colbert Coleman
Y Colwell Y Connell Y Cooper Y Couch
Cox Y Crawford
Crosby Y Cummings
Davis.G Davis.M
Y Dixon Y Dobbs Y Dover
Y Dunn Y Edwards
Felton Y Floyd Y Foster
Galer YGodbee Y Goodwin
Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris
Y Hasty YHays Y Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson
Y Isakson Y Jackson,J Y Jackson, W Y Jamieaon Y Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson YLee Y Linder
Long YLord
Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam
Milford Y Mobley
Y Moody Y Moore
Morton

Mostiler
Y Moultrie Y Mueller Y Oliver Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman
Porter Y Powell Y Prichard Y Rainey Y Ramsey.T
Ramsey.V Randall Y Ransom Ray Y Reaves Redding Richardson Y Ricketson
Y Robinson.C Y Robinson,P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Sizemore Smith,L
Y Smith.P Y Smith.T
Smith,W
Smyre YSnow
Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson Y Thurmond 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 Williams,J Wilson
Y Wood Workman
Y Yeargin Y Young
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 131, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SR 120. By Senators Bryant of the 3rd and Echols of the 6th:
A resolution authorizing the conveyance of certain state owned real property located in Glynn County, Georgia, to the City of Brunswick and the acceptance of certain real property owned by the City of Brunswick located in Glynn County, Georgia, in consideration therefor; to provide an effective date.

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 101, nays 2.
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 amendment thereto:

1784

JOURNAL OF THE HOUSE,

HB 644. By Representative Thompson of the 20th:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the county supplement for the district attorney.

The following Senate amendment was read:

Amend HB 644 by striking from line 20 of page 2 the following:
"$49,500.00",
and inserting in lieu thereof the following: "$51,750.00, except that the chief assistant district attorney shall receive no more than
$54,000.00 per annum".

Representative Thompson of the 20th moved that the House agree to the Senate amendment to HB 644.
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 289. By Senators Howard of the 42nd, Hine of the 52nd and Barnes of the 33rd:
A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change certain definitions relating to substituting generic drugs; to eliminate two-line prescription forms; to allow for generic substitution by a licensed pharmacist when the prescriber does not designate "brand necessary" on a prescription form.

The following Committee substitute was read:

A BILL
To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change certain definitions relating to substituting generic drugs; to eliminate two-line prescription forms; to allow for generic substitution by a licensed pharmacist when the prescriber does not designate "brand necessary" on a prescription form; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by striking paragraph (3) of Code Section 26-4-80, regarding definitions relating to substituting generic drugs, and inserting in its place a new paragraph to read as follows:
"(3) 'Pharmaceutically equivalent' means those htg products which have the same active chemical ingredients drug products that contain identical amounts of the identical active drug ingredient, in identical dosage forms, but not necessarily containing the same inactive ingredients."
Section 2. Said chapter is further amended by striking subsection (b) of Code Section 26-4-83 of the Official Code of Georgia Annotated, relating to limitations upon generic drug substitutions, which reads as follows:

THURSDAY, MARCH 5, 1987

1786

"(b) A practitioner of the healing arts shall instruct the pharmacist whether or not a generic name drug product may be substituted for the said practitioner's prescribed brand name drug product.", and inserting in its place a new subsection to read as follows:
"(b) A practitioner of the healing arts may instruct the pharmacist not to substitute a generic name drug in lieu of a brand name drug by including the words 'brand necessary' in the body of the prescription. Such indication of 'brand necessary' must be in the practitioner's own handwriting and shall not be printed, applied by rubber stamp, or any such similar means."
Section 3. Said chapter is further amended by striking from said Code section subsection (c) thereof, which reads as follows:
"(c) Every prescription written in this state by a licensed practitioner of the healing arts shall be on a prescription form containing two lines for the practitioner's signature. Alongside the first signature line shall be clearly printed the words 'Generic Substitution Permitted'; immediately below the first signature line and alongside the second signature line shall be clearly printed the words 'Dispense as Written.' Any person using prescription forms to prescribe dangerous drugs, which forms do not comply with the requirements of this subsection, shall be guilty of a misdemeanor."
Section 4. This Act shall become effective October 1, 1987.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost:

Representative Patten of the 149th moves to amend the Committee substitute to SB 289 by inserting in line 7 of page 1 after the words "prescription form;" the following:
"to require the licensed pharmacist to pass the full savings between cost of a generic drug and cost of a brand name drug to the consumer when a generic substitution is made;"
and by adding a comma after "misdemeanor."' at the end of line 28 of page 2 and inserting between lines 28 and 29 of page 2 the following:
"and inserting in its place a new subsection (c) to read as follows:
'(c) When a generic drug is substituted by the pharmacist or pharmacy for a brand name drug prescribed by a practitioner of healing arts the full savings between the actual acquisition cost of the brand name drug and the actual acquisition cost of the generic drug shall be passed along to the consumer.'"

The Committee substitute was adopted.

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

Y Aaron Y Adams.G Y Adams,M
Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Y Balkcom

Y Bannister Y Bargeron Y Barnett,B
Y Barnett,M Y Beck Y Benefield Y Benn Y Birdsong Y Bishop
Y Bostick

Y Branch Y Bray Y Brooks
Brown Y Buck Y Buford Y Byrd Y Carrell 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 Couch Y Coi
Y Crawford Y Crosby Y Cummings Y Davis.G
Davis.M Y Diion
Y Dobbs

1786

JOURNAL OF THE HOUSE,

Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin
Green
Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks

Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawler Y Lawrence
Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton
Mangum Y Martin Y McDonald Y McKelvey Y McKinney

Y Milam Milford
Y Mobley Y Moody
Y Moore Y Morton
Mostiler
Y Moultrie Y Mueller Y Oliver Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T

Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson,P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil Y Stanley Y Steinberg

Y Stephens Y Thomas.C
Y Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L N Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J Wilson Y Wood Y Workman Y Yeargin Y Young Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 168, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 282. By Representative Phillips of the 120th:
A resolution to ratify a proposed amendment to the Constitution of the United States of America relative to compensation for the services of members of the United States Congress.

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

Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop
Bostick Y Branch YBray Y Brooks
Brown YBuck Y Buford YByrd Y Carrell

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 Couch YCox Y Crawford Y Crosby Y Cummings Y Davis,G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster

Y Galer
Y Godbee Y Goodwin
Green Y Greene Y Greer
Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty YHays Y Heard Y Hensley Y Herbert Y Holcomb
Holmes Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson,D Y Johnson.R Y Kilgore

Y Kingston Y Lane.D Y Lane.R Y Langford
Y Lawler Y Lawrence Y Lawson
YLee Y Linder
Long Y Lord Y Lucas Y Lupton
Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton
Mostiler Y Moultrie Y Mueller Y Oliver

Y Orrock
Y Padgett Pannell
Y Parham Y Parrish
Y Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall
Y Ransom Ray
Y Reaves Y Redding
Richardson
Y Ricketson Y Robinson.C Y Robinson.P
Y Royal Selman

THURSDAY, MARCH 5, 1987

1787

Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L Y Smith.P
Y Smith.T

Y Smith.W Y Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C

Y Thomas.M Y Thompson Y Thurmond 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,8 WilliamsJ Wilson
Y Wood
Y Workman Y Yeargin Y Young
Murphy.Spkr

On the adoption of the Resolution, the ayes were 155, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

SB 236. By Senators Starr of the 44th and Crumbley of the 17th:
A bill to amend Code Section 29-5-13 of the Official Code of Georgia Annotated, relating to compensation and expenses concerning guardianship hearings, so as to change the hearing fees for examining psychologists and physicians and for appointed attorneys.

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

Aaron Y Adams,G
Y Adams.M Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield
Benn
Birdsong Y Bishop Y Bostick Y Branch YBray
Brooks Brown YBuck Y Buford
YByrd Y Carrell Y Carter
Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L

Y Colbert
Y Coleman Colwell
Y Connell
Y Cooper Y Couch
YCox Y Crawford
Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton
Y Floyd Y Foster
Galer Y Godbee Y Goodwin
Green Y Greene
Greer Y Gresham Y Griffin Y Groover
Hamilton Hanner Y Harris
Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb Y Holmes
Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane.R
Langford Y Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord Y Lucas Y Lupton
Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Mostiler Y Moultrie Y Mueller Y Oliver
Y Orrock Y Padgett
Pannell Parham Y Parrish Y Patten
Y Peters Y Pettit
Phillips
Y Pinkston Y Pittman
Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
YRay Y Reaves
Redding Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore
Y Smith,L Y Smith,P Y Smith.T Y Smith.W Y Smyre YSnow
Y Stancil Y Stanley
Steinberg Y Stephens
Thomas,C Y Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplett
Twiggs
Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Wilder Y Williams,B Williams,J Wilson Y Wood Y Workman Y Yeargin Y 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 41. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations in general, so as to provide

1788

JOURNAL OF THE HOUSE,

that it shall be unlawful for any employer or the agent of such employer to discharge, discipline, or otherwise penalize an employee because the employee is absent from his or her employment for the purpose of attending a judicial proceeding in response to a subpoena, summons for jury duty, or other court order or process.

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

Y Aaron Y Adams,G
Y Adarns.M Y Aiken
Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister
Y Bargeron Y Bamett,B Y Bamett,M YBeck Y Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks
Brown YBuck Y Buford YByrd Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs
Clark.B Clark.L

Y Colbert Y Coleman
Colwell Y Connell Y Cooper Y Couch YCox
Crawford Y Crosby Y Cummings Y Davis.G Y Davis,M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards
Felton
Y Floyd
Y Foster
Y Galer
YGodbee
Y Goodwin
Green
Y Greene
Greer
Y Gresham
Y Griffin
Y Groover
Y Hamilton Hanner
Y Harris Y Hasty
YHays
Y Heard
Y Hensley

Y Herbert
Y Holcomb Y Holmes Y Hooks Y Hudson
Isakson
Y Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston
Y Lane,D Y Lane.R
Langford Y Lawler
Lawrence Y Lawson
YLee Y Under YLong YLord Y Lucas Y Lupton
Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam
Milford Y Mobley Y Moody Y Moore Y Morton

Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett
Pannell
Parham
Y Parrish
Y Patten
Y Peters
Y Pettit
Y Phillips Pinkston
Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

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

Y Sizemore Y Smith,L Y Smith,P Y Smith.T Y Smith,W
Y Smyre YSnow Y Stancil Y Stanley
Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L YWall Y Ware Y Watson Y Watts
White Wilder Y Williams.B Williams.,! Wilson Y Wood Y Workman Y Yeargin Y Young Murphy ,Spkr

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

SB 230. By Senators Deal of the 49th and Hine of the 52nd:
A bill to amend Chapter 1 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to crimes and offenses, so as to provide for a statement of intent and purpose; to provide that the repeal, repeal and reenactment, or amendment of certain criminal laws shall not affect or abate the status as a crime of criminal acts or omissions which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law.

Representative Thomas of the 69th moved that the House insist on its position in substituting SB 230.

THURSDAY, MARCH 5, 1987

1789

The motion prevailed.

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

HB 87. By Representatives Crosby of the 150th, Murphy of the 18th, Sizemore of the 136th, Lane of the lllth, Bishop of the 94th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code", so as to extensively revise provisions relating to Georgia income tax; to revise provisions relating to Georgia estate tax; to define the terms "Internal Revenue Code", "Internal Revenue Code of 1954", and "Internal Revenue Code of 1986" and to thereby incorporate provisions of federal law into Georgia law.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 87

The Committee of Conference on HB 87 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 87 be adopted.

FOR THE SENATE:
/s/ RSoenyaEto.rB, 3ar3nredsDistrict
/s/ Loyce W. Turner Senator, 8th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Tom Crosby, Jr Representative, 150th District
/s/ Thomas M. Kilgore Representative, 42nd District

/s/ Harrill L. Dawkins Senator, 45th District

/s/ William J. Dover Representative, llth District

A BILL
To amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to extensively revise provisions relating to Georgia income tax; to revise provisions relating to Georgia estate tax; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and to thereby incorporate provisions of federal law into Georgia law; to provide that terms used in the Georgia law shall have the same meaning as when used in a comparable provision or context in federal law; to provide for the method of computation of Georgia taxable income and the rate of income taxation and credits against taxes; to provide for returns and withholding; to provide for certain elections; to provide for other matters related to the foregoing; to make conforming amendments to numerous other provisions of the Official Code of Georgia Annotated so as to reflect the enactment of the Internal Revenue Code of 1986; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," is amended by striking paragraph (14) of Code Section 48-1-2, relating to definitions of terms, and inserting in its place a new paragraph to read as follows:
"(14) 'Internal Revenue Code' or 'Internal Revenue Code of 1964 1986' means the United States Internal Revenue Code of 1064 1986 as rt existed en provided for in federal law enacted on or before January 1, 1081 1987. In the event a reference is made

1790

JOURNAL OF THE HOUSE,

in this title to the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on a specific date prior to et late* thtm January 1, 4S81 1987, the term means the Internal Revenue Code of 1954 as it existed on the prior et later date. Unless otherwise provided in this title, any term used in this title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1964
1 Qftfi in ff\Tf~(* flnft effort -,--. T-- n|if||"ir 1 1 0PT "

Section 2. Said title is further amended by striking Article 2 of Chapter 7, relating to imposition, rate, and computation of and credits against Georgia income tax, and inserting in its place a new article to read as follows:

"ARTICLE 2

48-7-20. (a) A tax is imposed upon every resident of this state with respect to the Georgia taxable net income of the taxpayer as defined in Code Section 48-7-27. A tax is imposed upon every nonresident with respect to his Georgia taxable net income not otherwise exempted which is received by the taxpayer from services performed, property owned, or from business carried on in this state. Except as otherwise provided in this chapter, the tax imposed by this subsection shall be levied, collected, and paid annually.
(b) (1) The tax imposed pursuant to subsection (a) of this Code section shall be computed in accordance with the following tables:

SINGLE PERSON

If Georgia Taxable Net Income Is:

The Tax Is:

Not over $750.00 ................................................... 1%

Over $750.00 but not over $2,250.00 ................................ $7.50 plus 2% of amount over $750.00

Over $2,250.00 but not over $3,750.00 ...................................... $37.50 plus 3% of amount over $2,250.00

Over $3,750.00 but not over $5,250.00 ...................................... $82.50 plus 4% of amount over $3,750.00

Over $5,250.00 but not over $7,000.00 ..................................... $142.50 plus 5% of amount over $5,250.00

Over $7,000.00 ....................................... $230.00 plus 6% of amount over $7,000.00

MARRIED PERSON FILING A SEPARATE RETURN

If Georgia Taxable Net Income Is:

The Tax Is:

Not over $500.00 ................................................... 1%

Over $500.00 but not over $1,500.00 ................................ $5.00 plus 2% of amount over $500.00

Over $1,500.00 but not over $2,500.00 ...................................... $25.00 plus 3% of amount over $1,500.00

THURSDAY, MARCH 5, 1987

1791

Over $2,500.00 but not over $3,500.00 ...................................... $55.00 plus 4% of amount over $2,500.00

Over $3,500.00 but not over $5,000.00 ...................................... $95.00 plus 5% of amount over $3,500.00
Over $5,000.00 ....................................... $170.00 plus 6% of amount over $5,000.00

HEAD OF HOUSEHOLD AND MARRIED PERSONS FILING A JOINT RETURN

If Georgia Taxable Net Income Is:

The Tax Is:

Not over $1,000.00 ................................................. 1%

Over $1,000.00 but not over $3,000.00 ...................................... $10.00 plus 2% of amount over $1,000.00

Over $3,000.00 but not over $5,000.00 ...................................... $50.00 plus 3% of amount over $3,000.00

Over $5,000.00 but not over $7,000.00 ..................................... $110.00 plus 4% of amount over $5,000.00
Over $7,000.00 but not over $10,000.00 .................................... $190.00 plus 5% of amount over $7,000.00
Over $10,000.00 ...................................... $340.00 plus 6% of amount over $10,000.00

(2) To facilitate the computation of the tax by those taxpayers whose federal adjusted gross income together with the adjustments set out in Code Section 48-7-27 for use in arriving at Georgia taxable net income is less than $10,000.00, the commissioner may construct tax tables which may be used by the taxpayers at their option. The tax shown to be due by the tables shall be computed on the bases of the standard deduction and the tax rates specified in paragraph (1) of this subsection. Insofar as practicable, the tables shall produce a tax approximately equivalent to the tax imposed by paragraph (1) of this subsection. (c) The amount deducted and withheld by an employer from the wages of an employee pursuant to Article 5 of this chapter, relating to current income tax payments, shall be allowed the employee as a credit against the tax imposed by this Code section. Amounts paid by an individual as estimated tax under Article 5 of this chapter shall constitute payments on account of the tax imposed by this Code section. The amount withheld or paid during any calendar year shall be allowed as a credit or payment for the taxable year beginning in the calendar year in which the amount is withheld or paid. \djATI Qdditiondi credit siiflii DC allowed ft^famst trie tax imposed oy tftis oocrc

udjusted ^POSS income ts IPO^ULHJ.UU OP less 9iiali T^e1 silowed ft credit of ipio.uu. t or eacn donor OF ipflctiorifli part or d dollar oy wnicn federal fldjusted ^POSS income exceeds S3 000 00 the credit ahull he reduced hv flJI-OQ No credit oh all he allowed tf federal
adjusted gross income is $3,016.00 ef mere?

1792

JOURNAL OP THE HOUSE,

{2} The head ef- a household or married persons fiHng a joint retwn whese federal ftdjusted gross incofiftc is (pDjvUU.UU of less snftll oe ftllowed ft credit of {poU.uu. rwf C&CH doiiflF of iFftctiotifti pflft ot ft doiiftf Dy wnicti ledeffti ftdjustied gross income exceeds p OQQ 00 t4ip rrndit ghflll fop rpHiifpd Ky ff.1 00 Nn /-rpfjif qhall he flllnwpd tf frdrrnl
adjusted gross income is $6,030.00 of more? \o) tft no event srt&n tfte credit provided tor m~ tnis suusection exceed tne ftmount
k subsection {e} ef this Code section. {e) (d) The tax imposed by this Code section applies to the Georgia taxable net income of estates and trusts, which shall be computed in the same manner as in the case of a single individual. The tax shall be computed on the Georgia taxable net income and shall be paid by the fiduciary. 48-7-21. (a) Every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to 6 percent of its Georgia taxable net income. Georgia taxable net income of a corporation shall be the corporation's taxable income from property owned or from business done in this state. A corporation's taxable income from property owned or from business done in this state shall consist of the corporation's taxable income as defined in the Internal Revenue Code of 1064 1986, with the adjustments provided for in subsection (b) of this Code section and allocated and apportioned as provided in Code Section 48-7-31. (b) (1) (A) When interest income is derived from obligations of any state or polit-
ical subdivision except this state and political subdivisions of this state, the interest income shall be added to taxable income to the extent that the interest income is not included in gross income for federal income tax purposes. Interest or dividends on obligations of any authority, commission, instrumentality, territory, or possession of the United States which by the laws of the United States are exempt from federal income tax but not from state income tax shall also be added to taxable income.
(B) There shall be subtracted from taxable income interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission, or instrumentality of the United States to the extent such interest or dividends are includable in gross income for federal income tax purposes but exempt from state income taxes under the laws of the United States. There shall also be subtracted from taxable income any income derived from the authorized activities of a domestic international banking facility operating pursuant to the provisions of Article 5A of Chapter 1 of Title 7, the 'Domestic International Banking Facility Act,' and any income arising from the conduct of a banking business with persons or entities located outside the United States, its territories, or possessions. Any amount subtracted pursuant to this subparagraph shall be reduced by any expenses directly attributable to the production of the interest or dividend income. (2) There shall be added to taxable income any taxes on, or measured by, net income or net profits paid or accrued within the taxable year imposed by the authority of the United States or any foreign country, ef by any state except the State of Georgia, or by any territory, county, school district, municipality, or other tax subdivision of any state, territory, or foreign country to the extent such taxes are deducted in determining federal taxable income. (3) No portion of any deductions or losses which occurred in a year in which the taxpayer was not subject to taxation in this state including, but not limited to, net operating losses may be deducted in any tax year. When the federal adjusted gross income or net income of a corporation includes such deductions or losses, an adjustment deleting them shall be made under rules established by the commissioner. The provisions of this subsection shall not prohibit the carry-over of any deductions or losses including, but not limited to, net operating losses of any taxpayer which were incurred in a year or years in which the taxpayer was subject to methods of taxation in this state other than the corporate income tax.

THURSDAY, MARCH 5, 1987

1793

(4) Income, losses, and deductions previously used in computing Georgia taxable income shall not again be used in computing Georgia taxable income. The commissioner shall provide for needed adjustments by regulation.
Any &in not recognized pupsiiftn* to section oo i of tne i.ntepntl nevenue

ta* liability attributable te the gains shall be allowed aa et credit against the Georgia income tox iisuiiity of edcn common stOCRHolder of tne COPpOPStion m fin flmount wnicn Dc&Fs tne sflme rstio to ~tne oeop^id income t&x iifl unity fts the distribution received er receivable by the common stockholder beats te the liquidatien distribution received or receivable by att common stockholders. T-he credit shall
liquidation distribution is received and shall be limited te the amount ef Georgia income tox iis unity, tf ftny^ of tne stocKnoldePs IOP sucti yeftp of yesps ~ft9 DCIOPC flppiicfltion of tzi6 credit ppovided Dy tins iuode section find Deiope tne cs*ion of dny credits IOP withholding of estiwiftted t&x p&yments.
\D/ ft corpopfltion n&vin & net g&m wnicn is not recognized top iedep&i income
tjiuntJAn iiriHnr QApfJAn 337 i-^f thr Tntfrnfll RPVPTIIIP f~!Arfp j^f 1 0Fjii V>iit *whiffi iq
&dded to ijeop^ifl tfiXftDie income under tnis cnflpter sn&ii be Qllowed d cteduc11on of one-nuii of tnc net &in out Hot mope tnsn one^nQii of tne &mount wnicn would i&e tpeftted under tne i.ntepn&i wevenue Oode ot ll/o4 ds tne excess 'Of tne net long* term c&pit&i ^sin tor tne tflxfloie yeftp over tne net snopt tepni cspitfti loss toy tne year if it were net for Section 33? ef the Internal Revenue Code of 1964. < } (5) When on the sale or exchange of real or tangible personal property located in this state gain or loss is not recognized because the taxpayer receives or purchases similar property, the nonrecognition shall be allowed only when the property is replaced with property located in this state. f?) (6) This article shall not be construed to repeal any tax exemptions contained in other laws of this state not referred to in this article. Those exemptions and the exemptions provided for by federal law and treaty shall be deducted on forms provided by the commissioner. 48) (7) All elections made by corporate taxpayers under the Internal Revenue Code of 1954 or the Internal Revenue Code of 1986 shall also apply under this article except elections involving consolidated corporate returns and subchapter Subchapter 'S' elections which shall be treated as follows:
(A) (i) If two or more corporations file federal income tax returns on a consolidated basis and all of the corporations derive all of their income from sources within this state, the corporations must file consolidated returns for Georgia income tax purposes. Affiliated corporations which file a consolidated federal income tax return but which derive income from sources outside this state must file separate income tax returns with this state unless they have prior approval or have been requested to file a consolidated return by the department.
(ii) No depository financial institutions institution, as defined in Code Section 48-6-20, shall be deprived of the benefit of any exemption, deduction, or credit authorized by this title as a consequence of its election to file otherwise lawful consolidated returns with its parent organization or any corporate subsidiaries with respect to any state or local tax levied against such depository financial institution as a result of this title;
(B) Subchapter 'S' elections apply only if all stockholders are subject to tax in this state on their portion of the corporate income. If all nonresident stockholders pay the Georgia income tax on their portion of the corporate income, the election shall be allowed.
^9) (8) There shall be subtracted from taxable income dividends received by: (A) A corporation from sources outside the United States as defined in the
Internal Revenue Code of 1064 1986. The amount subtracted under this subparagraph shall be reduced by any expenses directly attributable to the dividend income; and

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JOURNAL OF THE HOUSE,

(B) Corporations from affiliated corporations within the United States, when the corporation receiving the dividends is engaged in business in this state and is subject to the payment of taxes under the income tax laws of this state, to the extent that the dividends have been included in net income under this Code section. Dividends from affiliates shall be reduced by any expenses directly attributable to the dividend income. {10} (9) Where a corporation's salary and wage deductions are reduced in computing federal taxable income because the corporation has taken a federal jobs tax credit which required, as a condition to using the federal jobs tax credit, the elimination of salary and wage deductions, the eliminated salary and wage deductions shall be subtracted from taxable income. {tt} (10) There shall be a dollar-for-dollar credit against the state income tax liability of depository financial institutions which shall be equal to the amount of taxes, if any, paid by such taxpayers pursuant to Code Section 48-6-93 and Code Section 48-6-95. If the liability of any such institutions under the taxes authorized by Code Section 48-6-93 and Code Section 48-6-95 exceeds the corporate income tax liability
of such institution for any year, the amount of any unused credit under this Code section may be credited over a period of five years from the tax year in which the
unused credit arose. {i3> (11) There shall be subtracted from taxable income a portion of qualified pay-
ments to minority subcontractors, as provided in Code Section 48-7-38.
(12) Georgia taxable income shall, if the taxpayer so elects, be adjusted with respect to federal depreciation deductions as provided in Code Section 48-7-39.
48-7-22. (a) The tax imposed by this chapter shall be: (1) Imposed upon resident fiduciaries and upon nonresident fiduciaries: (A) Receiving income from business done in this state;
(B) Managing funds or property located in this state; or (C) Managing funds or property for the benefit of a resident of this state; (2) Imposed upon fiduciaries subject to the tax at the rates provided in this article
for single individuals; (3) Levied, collected, and paid annually with respect to:
(A) That part of the net income of an estate or trust which has not become distributable during the taxable year. It is the purpose of this Code section to tax fiduciaries or beneficiaries on all income otherwise taxable under this chapter.
Income received by a resident fiduciary shall not be subject to the tax imposed by this chapter when the income is accumulated for, is distributed, or becomes distributable during the taxable year to a nonresident of this state and when the
income was received from business done outside this state, property held outside this state, or intangible property, other than from the licensing for use of the property, held by a fiduciary, including, but not limited to, gains from the sale or
exchange of the property. No return of income exempt under this subparagraph shall be required;
(B) The taxable net income received during the taxable year by a deceased individual who at the time of death was a taxpayer and who died during the taxable
year or subsequent to the taxable year without having made a return; and (C) The entire taxable net income of an insolvent or incompetent person,
whether or not any portion of the taxable net income is held for the future use of
the beneficiaries, when the fiduciary has complete charge of the net income. (b) The net income of the estate or trust shall be computed in the same manner and on the same basis as in the case of an individual.
(c) If the taxable year of a beneficiary is different from that of the estate or trust, the amount which the beneficiary is required to include in computing his net income
shall be based upon the income of the estate or trust for any taxable year of the estate or trust ending with or within the beneficiary's taxable year.
(d) The tax imposed upon a fiduciary shall be a charge against the estate or trust. 48-7-23. The net income of a partnership shall be computed in the same manner and on the same basis as in the case of an individual except that the deduction of contributions for charitable purposes allowed by the Internal Revenue Code of 1964 1986 shall

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THURSDAY, MARCH 5, 1987

1797

'.D1/--Is pursuing ft itill"time course of institutions! oii"iflrrn tp&imn1^ under the supervision ef an accredited agent ef *n educational institution er ef a state er political subdivision ef a state. {b)--In the ease ef an individual taxpayer, the following exemptions shall be allowed as deductions in computing Georgia taxable net income: Q)--Aft exemption ef $1,600.00 fer the taxpayer. An additional exemption ef ipijOUU.uu tor one dependent shflii ise flHowed tt the ttfimftppied tftxpflyeP ts ft QUftiiiied hefld Or household dnd .n&s one OP more dependents whose ppincipfti piflcc of floode is the taxpayer's home. If the taxpayer claims this exemption, he shall net be entitled to ftny lupthep exemption on sccount ot the dependent with respect to whon% tins exempt!on ts ciftimedj

iff)--A additional exemption ef $700.00 fer the taxpayer if he has attained the age Or fto Deiopc the close of his tdxftDle yeflp. An ftddrtioftft1 exemp11on ot JpUU.Uv/ top the spouse of the tflxpflyep shftii oe Allowed ft ft joint return is1 mflde oy the tfltxpsyei* snfl ins spouse flnd the spouse hts sttftincd the fl^e or oo Deiore the close of the tflSflDie
^4/--An ftddition&i exemption ot ip i Uvj.ou top the tftxpsyep rt he ts uiind ftt the dose of trie tftxsole yeftf. Aft fldditionfll excmption or }p fl/u.uu tof the spouse of the t&xpftyeP shs.li we ftilowed tt ft joint pctupn t9 mftde Dy the tftxpsyep &hd his spouse flnd the
the detepmtnft11on ot whet/hep the t&xp&yep OP the spouse ts olind shftii &e n^ftde ftt the close ot the tftxfluic yeflp except thflt, tr either the tsxpflyeP OP the spouse dies during the taxable yean the determination shati be made as ef the time ef the death;
$)--Aft additional exemption ef $700.00 fer each dependent: (.AJ--Whose |poss income IOP the eftlendftp yeOP tft which the tftXdDie yesr ot the
taxpayer begins ia lesa than $700.00; ^o^1--W'ho fs ft chHd of ft tfixpflyeP dnd whoi ^tj----I'lfts not flttflined the ft^e ot T*T ftt the close of the cftiendftp yeftp tfi which the taxable year ef the taxpayer begins; er
i&)--Aft additional exemption ef $700.00 fer each ef the following persons whe is a student ftt tfte college level OP ft Dove i
(A) The taxpayer; 4-B)--The taxpayer's spouse; ad ^6)--The taxpayer's dependents; and (7) An additional exemption ef $700.00 fer each dependent who is physically handicapped er mentally retarded and is net a ward ef the statev {e)--Ift determining whether any ef the relationships specified subsection {a} ef this Code section exists, a legally adopted ehHd ef a individual er a foster child ef an indi vidual shaH be treated as a child ef the individual by bteedr ^--The detcrmiftatiett ef whether aft individual is married shatt be made as ef the etese ef the individual's taxable year, except that, if the individual's spouse dies dttring
LIIQ j. ---. -- L.1-- \rfkaf thn flpfpyYv4nivf jAn qhnll hp tTiiiHn nq nf t\\o timj> r\f ftip |^Qntt\ f\f t\\(*
\&j--An tndividufti 'cosily sepflpfitcd tpofft his spouse under ft decree ot divorce OF of separate maintenance shall net be considered as married.
\tj--Wo exemption shftll he ftiiowed under this Oode section top flny dependent who nfts mflde ft joint petuPh with his spouse top the tftx&Die yeftp Dc^jinmnjsj m the cftiend&p year i which the taxable year ef the taxpayer begins.
{g)--A deduction in He ef a personal exemption deduction shall be allowed a estate
(1) An estate, $700.00; and (2) A trast; $360.00. 48-7-26. (a) As used in this Code section, the term 'dependent' shall have the same meaning as in the Internal Revenue Code of 1986.

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(b) (1) An exemption of $3.000.00 shall be allowed as a deduction in computing Georgia taxable income of a taxpayer and spouse, but only if a joint return is filed.
(2) An exemption of $1,500.00 shall be allowed as a deduction in computing Georgia taxable income for each taxpayer other than a taxpayer who files a joint return and for each dependent of any taxpayer. (c) No exemption shall be allowed under this Code section for any dependent who has made a joint return with his spouse for the taxable year beginning in the calendar year in which the taxable year of the taxpayer begins. (d) A deduction in lieu of a personal exemption deduction shall be allowed an estate or a trust as follows:
(1) An estate - $1,500.00; and (2) A trust - $750.00. 48-7-27. (a) Georgia taxable net income of an individual shall be the taxpayer's fed eral adjusted gross income, as defined in the United States Internal Revenue Code of 4964 1986, less: (1) Either the sum of all itemized nonbusiness deductions used in computing fed eral taxable income if the taxpayer used itemized nonbusiness deductions in comput ing federal taxable income or, if the taxpayer could not or did not itemize nonbusiness deductions, tnen tne 9t&nd&fd dcdvie11on snowed under united otfltes intepnfti Revenue Code ef 1064 m feree and effect en January 4; 1074. for -tax years beginning OR &t flftef uftnuflry TJ lUoo, there snftll oft suotr&eted eitner tne sum ot fti itemized nonbusiness deductions, if the taxpayer ased itemized nonbusinesa deductions
nonbuaincsa deductions, a standard deduction as provided for in the following subparagraphs:
(A) In the case of a single taxpayer or a head of household, 46 percent ef- the p s ftdjusted ^ross income^ out ttot more tn&n ip,ouu.Uv dnd ROT less tnon
(B) In the case of a married taxpayer filing a separate return, 48 percent ef- the tflxpftyef s ftdjusted IJPOSS income, out not more tntin Jpl"-''J-'v snd not less tno.n
. ,,(pUUV.Wf tTT
(C) In the case of a married couple filing a joint return, 48 percent ef the tflxpftyer s ftdjusted IJFOSS tnconte^ out not more tnfln Jj>o,wUU.(JU find not less tnftn
fti 7AA fMV (pi) I UV.lAf)
(D) An additional deduction of $700.00 for the taxpayer if he has attained the age of 65 before the close of his taxable year. An additional deduction of $700.00 for the spouse of the taxpayer shall be allowed if a joint return is made by the tax payer and his spouse and the spouse has attained the age of 65 before the close of the taxable year; and
(E) An additional deduction of $700.00 for the taxpayer if he is blind at the close of the taxable year. An additional deduction of $700.00 for the spouse of the taxpayer shall be allowed if a joint return is made by the taxpayer and his spouse and the spouse is blind at the close of the taxable year. For the purposes of this subparagraph, the determination of whether the taxpayer or the spouse is blind shall be made at the close of the taxable year except that, if either the taxpayer or the spouse dies during the taxable year, the determination shall be made as of the time of the death; (2) The exemptions provided for in Code Section 48-7-26 together with the adjust ments provided for in subsection (b) of this Code section; (3) The amount of salary and wage expenses eliminated in computing the individual's federal adjusted gross income because the individual has taken a federal jobs tax credit which requires, as a condition to using the federal jobs tax credit, the elimination of related salary and wage expenses; (4) (A) Income received from the following, and only the following, public pen sion or retirement funds or systems when the income is otherwise included in the taxpayer's federal adjusted gross income:
(i) Employees' Retirement System of Georgia;

THURSDAY, MARCH 5, 1987

1799

(ii) Georgia Firemen's Pension Fund and all local firemen's pension funds; (iii) Peace Officers' Annuity and Benefit Fund ef Georgia; (iv) Trial Judges and Solicitors Retirement Fund; (v) Superior Court Clerks' Retirement Fund of Georgia;
(vi) Public School Employees Retirement System; (vii) Georgia Legislative Retirement System; (viii) Teachers Retirement System of Georgia and all local teachers' retirement systems; (ix) Teachers' retirement systems or funds of states having a reciprocal agree ment with this state to exempt income from the Teachers Retirement System of Georgia from taxation; (x) Funds, programs, or systems the income from which is exempted by fed eral law or treaty; (xi) Superior Court Judges Retirement System; and (xii) District Attorneys' Retirement Systemt. (B) It is the intent of the General Assembly that no income from a public pen sion or retirement fund, program, or system shall be exempt from income taxation in this state unless the exemption is provided for in this paragraph or unless the law granting the exemption makes specific reference to this paragraph; (5) (A) Retirement income not to exceed $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 (A) of paragraph (4) of this subsection. A taxpayer shall be eligible for the $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; and
(6) A portion of the qualified payments to minority subcontractors, as provided in Code Section 48-7-38.
(b) (1) There shall be added to the taxable income: (A) Dividend or interest income, to the extent that the dividend or interest
income is not included in gross income for federal income tax purposes, on obli gations of any state except this state or of political subdivisions except political sub
divisions of this state; attd (B) Interest or dividends on obligations of the United States or of any authority,
commission, instrumentality, territory, or possession of the United States which by the laws of the United States are exempt from federal income taxes but not from
state income taxes?; and (C) Income consisting of lump-sum distributions from an annuity, pension plan,
or similar source which were removed from federal adjusted gross income for the
purposes of special federal tax computations or treatment. (2) There shall be subtracted from taxable income interest or dividends on obli
gations of the United States and its territories and possessions or of any authority, commission, or instrumentality of the United States to the extent includable in gross income for federal income tax purposes but exempt from state income taxes under the
laws of the United States. Any amount subtracted under this paragraph shall be reduced by any expenses directly attributable to the production of the interest or divi dend income.
(3) There shall be added to taxable income any income taxes imposed by any tax jurisdiction except the State of Georgia to the extent deducted in determining federal
taxable income. (4) No portion of any deductions or losses including, but not limited to, net oper
ating losses, which occurred in a year in which the taxpayer was not subject to taxa
tion in this state, may be deducted in any tax year. When federal adjusted gross

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income includes deductions or losses not allowed pursuant to this paragraph, an adjustment deleting them shall be made under rules established by the commissioner. ijosses incurred prior TO u anuapy TJ iy / 1^ snail oe deciuctiDie only to tne extent allowed Dy law ftt trie time they were incupped } find trie commissloneP n&ll proviole pules to preserve tne dcductiDiiity of losses tncupped* prior to wdnuflpy TJ i\j t 1, to tne extent tnflt tne losses would nsve ueen deducti Die fts net operating* loss cftppyovePs lor a taxable year or years beginning en er after January 1; 1971, tf 6ar fer 1031, EXT Bess., PT ^-4, ocction TT \as amended Dy oa. "b^ ll/o, pr 4uo, section lu /\j oa. DI Xl/oo, dan.*
~~*J.--- ,. 1 Q. (^ ,, T 1 f^cO XT-~.. T~\~~ O --~ ,, Q-l g O, _l.;^^ 1 . ,,,,,] j I* I* 11U119 J.-U, UU. D7 lUUU, 11U V . l^CC. LJUAfl., fTI O1.U, kJt.lyl/lUll T^ U11U
Section 3* repealed by Ga L. 1Q71 n. gQ5 Section 6)- hd- con tinued effect after January -, 1071.
(5) Income, losses, and deductions previously used in computing Georgia taxable income shall not again be used in computing Georgia taxable income; and the commis sioner shall provide for needed adjustments by regulation.
(6) When, on the sale or exchange of real or tangible personal property located in this state, gain or loss is not recognized because the taxpayer receives or purchases similar property, the nonrecognition shall be allowed only when the property is replaced with property located in this state.
(7) Except as otherwise provided in paragraph (4) of subsection (a) of this Code section, this chapter shall not be construed to repeal any tax exemptions contained in other laws of this state not referred to in this Code section. Those exemptions and the exemptions provided by federal law and treaty shall be deducted on forms pro vided by the commissioner.
(8) All elections made by the taxpayer under the Internal Revenue Code of 1954 or the Internal Revenue Code of 1986 shall also apply under this article.

paid er incurred by the individual's employer for dependent eare assistance provided te the individual if saeh amounts are excluded from gross income of the individual for fed-

en Itiemnmit

~

* Knictjomnrm3 tthliacfi-t saci^untfui^j>ini trJtfi ttVnien X1I/InIIiLtoCfUl ofttttic+iftneas iTnntfcnrritvoia.1l Trv?emvjejtnniuife> xpT.-t.jjJuae TrJ\If

section existed en January 1-, 1986.

(c) Georgia taxable income shall, if the taxpayer so elects, be adjusted with respect

to federal depreciation deductions as provided in Code Section 48-7-39.

4o~ t-o. \fty--AS used ift tins txxie sectioii, tne terni' tdxcioie income metins tne

amount pe which the tax is computed after deducting personal exemptions and credit

for dependents.

fb) A resident individual who has an established business in another state, has

investment in property having a taxable situs in another state, or engages in employ

ment in another state may deduct from the tax due upon the entire net income of the

resident individual the tax paid upon the net income of the business, investment, or

employment in another state when the business, investment, or employment is in a state

that levies a tax upon net income. In no case shall the credit permitted under this Code

section exceed the tax which would be payable to this state upon a like amount of tax

able income.

includes fts & member one or more QUftiiiym^ individuflis* tnere snail De allowed && ft credit a^smst tne tax imposed under t/ode section 4o~ v *^!U tor tne tctxdDie year fin flmount eQUal to & percent or tne empioyment~reisted expenses pflid oy tne mdividUQi during the taxable year.
\H&7--1 ne ftmount or tne employment~pelated expenses incurred during tiny tflxaoie yeftp wnicn may De taKen into QCcount under suusection \ftf 01 tnis oode section sn&ii

\L)--ip"jOUU.ui/ rt tnepe tt ofte cjualitym|* individu&l witn pespeet to tne taxpttyep lop the taxable yeart er
^2)--$4,000.00 if there are two er mere qualifying individuals with respect te the taxpayer for the taxable year.

THURSDAY, MARCH 5, 1987

1801

fc?----EjXCept as Otherwise provided ttt tntS vyOde SCCtlOtti tne amount Or the
employment -related expenses incurred ehifmg any taxable year which may -be taken into account trader subsection 4a) of this Code section shall net exceed:
\ i)--in tiie case of an individual wno "is not married at toe dose of tne year, ~tne individual's earned income for the yeart er
OT tne individual s earned income or tne earned income 01 tne individual s spouse for tne year. (d) For purposes ef this Code section, an individual shaH fee treated as maintaining a nouseftoid tor any period only it over naii tne cost of maintaining tne nousenoid for tne period ts fttrnisnod Dy tne individual, it tne taxpayer is married at tne close of tne taxai&ie year$ tne credit snail oe allowed under subsection \tt/ of tnis Oode section only if the taxpayer and his spouse file a joint retwn for the taxable year. Reserved. 48-7-20.1. (a)--As used in this ede section, the termt
(1)--'Handicapped individual' means any individual whe has a physical er mental disability, including but net limited to blindness er deafness, which for stteh individual constitutes er results in a functional limitation te employment.
\&)--worK place ' means* tnat portion of tne employer s place of Dusincss witnin wnicn an employee w expected to perform tne duties and t unctions assigned. W'OrK
commonly used fey any individual, including bt net limited te parking lets? doorways, toilets, stairways, elevators, and cafeterias.
{3}--'Work place modification' means any modification ef- a employee's work place having the purpose and effect ef enabling a handicapped individual te perform those duties and functions wnicn are reQuired tor employment and wnicn tne na>ndicapped person would net be afete te perform were it net far stieh modification. \uj--nitective tor tax years wnicn oe^m on of alter January 17 iUooj any employer upon wnorft an income tax ts* imposed oy Oftapter T of tnis title snail DC allowed a~ credit against seh ta in an amount equal te 26 percent ef the eest ef any work plaee modification. *cj-- i'fle credit provided lor m suosection \i&/ ^* tnis oode section snail tje taKen m

section er $760.00, whichever is tessr *to* i m&\j,iL, ^a/ Any person or corporation wno files an income tax return and wno
has net been claimed for that ta* year as a dependent by another Georgia taxpayer shatt oe allowed a credit against sucn tax m an amount etjufti to &d percent of ttie cost of materials and installation ef selar water heating systems, active seter space heating sys tems; industrial and agricultural selar process heating equipment, and photovoltaic systerns and TTT percent of1 tne cost of materials and installation1 of~ passive solar space heating systems. Such solar systems mttst be installed;
\ i)--On premises VR Oeor^ia wnicn are owned and controlled i&y tne taxpayer at tne time ef installation; er
(3)--On newly constructed premises in Georgia which are purchased by the taxpayer
this Code section for a solar system en the premises. 4b)--The credit provided for in subsection {a) shatt be taken in the ta* year in which
\CT--*n tne case of nusuand and wife tiling separate rettirnSj tfte credit may oe taKen Dy citner or divided Dctween tnem out not more tnan one sucn credit snail De taKen in any ta* year fey a husband and wife filing separately.
{d)--In the ease where the amount ef the ta* credit exceeds the taxpayer's income ta* er corporate ta* liability, a credit shatt be allowed the taxpayer against the succeeding years ta* liability until sweh credit has been exhausted.
energy to neat indoor space usm tne principles of conduction, convection, and radiant iieat transfer, rassive solar space neatin^ systems include! \ L) solar collection area} \^/

1802

JOURNAL OF THE HOUSE,

absorber, {3} storage, {4} a method of heat distribution, and ifr) a heat regulation device; except that a aystcm intended for daytime se only need net have storage.
\TT----1116 vJlTlce Or DllCP^y WeSOUFCCS t3 ftUtnOPlZCd tO 6318011911, ttt QCCOFdflnCC Wlttt
Chapter i3 ef Title 60; the 'Georgia Administrative Procedure Act,' rules and regulations *of tne purpose of determining wnicn solftr energy systems sn&ii cju&liiy TOT tne credit provided in subsection {a) ef this Code section.
system purchased after January ^ 1084, and erier te January 1-, 1000. 48-7-30. (a) The tax imposed by this chapter shall apply to the entire net income
of a taxable nonresident derived from employment, trade, business, professional, or other activity for financial gain or profit performed or carried on within this state including, but not limited to, the rental of real or personal property located within this state or for use within this state and the sale, exchange, or other disposition of tangible or intan gible property having a situs in this state.
(b) A taxable nonresident whose income is derived from employment, trade, business, professional, or other activity performed or carried on within and outside this state shall be taxed only upon the income derived from carrying on the activity within this state. The amount of taxable income may be determined by a separate accounting of the income if the commissioner is satisfied that the separate accounting reflects correctly the income fairly attributable to this state. Otherwise, the amount of taxable income shall be determined in the manner prescribed by this chapter for the allocation and appor tionment of income of corporations engaged in business within and outside this state.
(c) Except as otherwise provided by law, all provisions of this chapter with respect to the definitions, determination, and computation of taxable net income of residents of this state and with respect to the assessment, levy, and collection of the tax imposed by this chapter on the net income of residents of this state shall apply equally to the taxation of the net income of taxable nonresidents.
(d) (1) A taxable nonresident shall be allowed to deduct allowable expenses, inter est, taxes, losses, bad debts, depreciation, and similar business expenses when the income of the taxable nonresident is derived from:
(A) Employment, trade, business, professional, or other activity performed or carried on:
(i) Entirely within this state; or (ii) Within and outside this state when the nonresident is permitted by the commissioner to use separate accounting;
(B) The rental of real or personal property located within this state or for use within this state;
(C) The sale, exchange, or other disposition of tangible or intangible property having a situs in this state.
(2) Expenses allowable to a taxable nonresident as provided in paragraph (1) of this subsection shall be allowable only to the extent that the expenses are attributable to the production of income allocable to and taxable by this state. As to allowable deductions essentially personal in nature, such as contributions to charitable organiza tions, alimony, medical expenses, the optional standard deduction, personal exemp tions, and credits for dependents, the taxable nonresident shall be allowed deductions for such deductions essentially personal in nature in the ratio that the gross income allocated to this state bears to the total gross income of the taxable nonresident com puted as if the taxable nonresident were a resident of this state. The commissioner may accept total federal gross income as the equivalent of total Georgia gross income for purposes of this allocation.
(e) A taxable nonresident whose income is derived from the activities specified in subsection (d) of this Code section performed or carried on within and outside this state and who is required to allocate and apportion his income in the manner of corporations engaged in business within and outside this state shall compute his net taxable income as if he were a resident of this state. The net taxable income so computed shall be apportioned in the manner of corporations engaged in business within and outside this state.

THURSDAY, MARCH 5, 1987

1803

48-7-31. (a) The tax imposed by this chapter shall apply to the entire net income, as defined in this article, received by every foreign or domestic corporation owning prop erty or doing business within this state. A corporation shall be deemed to be doing busi ness within this state if it engages within this state in any activities or transactions for the purpose of financial profit or gain whether or not:
(1) The corporation qualifies to do business in this state; (2) The corporation maintains an office or place of doing business within this state; or
(3) Any such activity or transaction is connected with interstate or foreign com merce.
(b) (1) If the entire business income of the corporation is derived from property owned or business done in this state, the tax shall be imposed on the entire business income.
(2) If the business income of the corporation is derived in part from property owned or business done in this state and in part from property owned or business done outside this state, the tax shall be imposed only on that portion of the business income which is reasonably attributable to the property owned and business done within this state, such portion to be determined as provided in subsections (c) and (d) of this Code section. (c) (1) Interest received on bonds held for investment and income received from
other intangible property held for investment are not subject to apportionment. All expenses connected with such investment income shall be applied against the invest ment income. The net investment income from intangible property shall be allocated
to this state if the situs of the corporation is in this state or if the intangible property was acquired as income from property held in this state or as a result of business done in this state.
(2) Rentals received from real estate held purely for investment purposes and not used in the operation of any business are not subject to apportionment. All expenses connected with such investment income shall be applied against the investment
income. The net investment income from tangible property located in this state shall be allocated to this state.
(3) Gains from the sale of tangible or intangible property not held, owned, or used in connection with the trade or business of the corporation nor held for sale in the
regular course of business shall be allocated to this state if the property sold is real or tangible personal property situated in this state or intangible property having an actual situs or a business situs within this state. Otherwise, the gains shall not be allo cated to this state.
(d) Net income of the classes described in subsection (c) of this Code section having been separately allocated and deducted, the remainder of the net business income shall be apportioned as follows:
(1) (A) Where the net business income of the corporation is derived principally from the holding, sale, or holding and sale of intangible property having a taxable situs in this state, the tax shall be imposed on the entire business income;.
(B) Where a portion of the intangible property has a taxable situs outside this state, the portion of the income derived from the holding, sale, or holding and sale
of the intangible property attributable to this state shall be the percentage which the gross receipts from the intangible property in this state for the taxable year bear to the total gross receipts from intangible property located within and outside this
statet . (C) The taxable situs of intangible property held or owned by any domestic cor
poration or by any foreign corporation whose principal place of business is in this
state shall be deemed to be in this state even though a domicile of the corporation is established outside this state;.
(D) Intangible property derived from business done in another state by a foreign corporation and held by the corporation outside this state shall not be deemed to
have a taxable situs in this state by reason of the fact that officers or directors of the corporation reside in this state, corporate meetings are held in this state, or corporate records are kept in this state; .

1804

JOURNAL OF THE HOUSE,

(2) Where the net business income of the corporation is derived principally from the manufacture, production, or sale of tangible personal property, the portion of the net income therefrom attributable to property owned or business done within this state shall be taken to be the portion arrived at by application of the following three factor formula:
(A) Property factor. The property factor is a fraction, the numerator of which is the average value of the taxpayer's real and tangible personal property owned or rented and used in this state during the tax period and the denominator of which is the average value of all the taxpayer's real and tangible personal property owned or rented and used during the tax period;
(i) Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals;
(ii) The average value of property shall be determined by averaging the values at the beginning and end of the tax period, except that the commissioner may require the averaging of monthly values during the tax period if such averaging is reasonably required to reflect properly the average value of the taxpayer's prop erty; (B) Payroll factor. The payroll factor is a fraction, the numerator of which is the total amount paid in this state during the tax period by the taxpayer for compen sation and the denominator of which is the total compensation paid everywhere during the tax period. The term 'compensation' means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services. Pay ments made to an independent contractor or any other person not properly classi fied as an employee are excluded. Compensation is paid in this state if:
(i) The employee's service is performed entirely within this state; (ii) The employee's service is performed both within and outside this state and the service performed outside this state is incidental to the employee's service within this state; or
(iii) Some of the service is performed in this state and either the base of oper ations or the place from which the service is directed or controlled is in this state or the base of operations or the place from which the service is directed or con trolled is not in any state in which some part of the service is performed but the employee's residence is in this state;
(C) Gross receipts factor. The gross receipts factor is a fraction, the numerator of which is the total gross receipts from business done within this state during the tax period and the denominator of which is the total gross receipts from business done everywhere during the tax period. For the purposes of this subparagraph, receipts shall be deemed to have been derived from business done within this state only if the receipts are received from products shipped to customers in this state or products delivered within this state to customers. In determining the gross receipts within this state, receipts from sales negotiated or effected through offices of the taxpayer outside this state and delivered from storage in this state to cus tomers outside this state shall be excluded;
(D) The property factor, the payroll factor, and the gross receipts factor shall be separately determined and the three percentages averaged. The net income of the corporation shall be apportioned to this state according to such average;
(3) Where the net business income is derived principally from business other than the manufacture, production, or sale of tangible personal property or from the holding or sale of intangible property, the net business income of the corporation shall be equitably apportioned within and outside this state in the ratio that the business within this state bears to the total business of the corporation;
(4) For the purposes of this subsection, the term 'sale' shall include, but not be limited to, an exchange, and the term 'manufacture' shall include, but not be limited to, the extraction and recovery of natural resources and all processes of fabricating and curing.

THURSDAY, MARCH 5, 1987

1805

(e) The net income of a domestic or foreign corporation which is a subsidiary of another corporation or which is closely affiliated with another corporation by stock ownership shall be determined by eliminating all payments to the parent corporation or affiliated corporation in excess of fair value and by including fair compensation to the domestic business corporation for its commodities sold to or services performed for the parent corporation or affiliated corporation. For the purposes of determining net income as provided in this subsection, the commissioner may equitably determine the net income by reasonable rules of apportionment of the combined income of the subsidiary, its parent, and affiliates, or any combination of the subsidiary, its parent, and any one or more of its affiliates.
48-7-32. (a) When the business of any corporation engaged in the operation of a railroad, express service, telephone or telegraph business, or other form of public service is partly within and partly outside the state, the net income of the corporation for the purpose of this chapter shall be that amount ascertained by apportioning to the state the sum of the net income of the corporation including, but not limited to, dividend
income that may legally be taxed by the state (exclusive of income from tax-exempt securities and without any deduction for federal and state income taxes), as shown by the corporation's records kept in accordance with the standard classification of accounts
prescribed by the Interstate Commerce Commission when the standard classification of accounts includes in net income rents from all sources; and when the standard classifi cation does not include all rents, then such rents shall be included in net income in the proportion that the total gross operating revenues from business done wholly within the state plus the equal mileage proportion within the state of all gross operating revenues
from interstate business of the company, wherever done, bear to the total gross oper ating revenues from all business done by the company. If any such corporation keeps its records of operating revenues and operating expenses on a state basis in accordance
with the standard classification of accounts prescribed by the Interstate Commerce Commission and in a manner which includes in net income for the state the effect of
all intrastate and interstate business applicable to the state, the state records may be used by the taxpayer under the supervision of the commissioner in reporting the net
taxable income within the state. (b) All other corporations engaged in the business of operating a railroad, express
service, telephone or telegraph business, or other form of public service, whether or not
the corporation is required to make reports to the Interstate Commerce Commission, shall keep records according to the standard classifications of accounting of the Inter
state Commerce Commission. The net income of the corporation including, but not limited to, dividend income that can legally be taxed by the state (exclusive of tax-ex empt securities and without any deduction for federal and state income taxes) shall be determined in accordance with such records. If any such corporation keeps its records
of operating revenues and operating expenses on a state basis in accordance with the standard classification of accounts prescribed by the Interstate Commerce Commission and in a manner which includes in net income for the state the effect of all intrastate and interstate business applicable to the state, the state records may, with the consent
of the commissioner, be used by the taxpayer in reporting the net taxable income within the state.
48-7-33. (a) The net income shall be computed upon the basis of the taxpayer's annual accounting period in accordance with the method of accounting regularly employed in keeping the books of the taxpayer. If no such method of accounting has
been so employed or if the method employed does not clearly reflect the income, the computation shall be made in accordance with the method which, in the opinion of the
commissioner, clearly reflects the income. If the taxpayer's annual accounting period is other than a fiscal year or if the taxpayer has no annual accounting period or does not
keep books, the net income shall be computed on the basis of the calendar year. A tax payer utilizing a fiscal year may return his net income under this chapter on the basis
of his fiscal year with the approval of the commissioner and subject to such rules and regulations as the commissioner may establish.
(b) With the approval of the commissioner and under such regulations as he may
prescribe, a taxpayer may change his taxable year from fiscal year to calendar year or

1806

JOURNAL OF THE HOUSE,

otherwise. In the case of any such change, the net income shall be computed upon the basis of the new taxable year when approval is obtained from the commissioner at least 30 days prior to the close of the proposed taxable year.
(c) The amount of all items of gross income shall be included in the gross income for the taxable year in which received by the taxpayer unless, under methods of account ing permitted by this Code section, any amounts of gross income are to be properly accounted for as of a different period.
(d) The deductions and credits provided for in this chapter shall be taken for the taxable year in which 'paid or accrued' or 'paid or incurred' depending upon the method of accounting on the basis of which the net income is computed unless, in order to clearly reflect the income, the deductions or credits should be taken as of a different period.
\G)--it rt ts necessftry to compute trie tux tor ft period Dc^innin^ m one cftiendftr yesr,
followiii CQiendQF yesi% to i&e referred to m tins t/ode section fts tfte second cfliendftf year,' and- the tew applicable te the second calendar year is different from the law applieftDie to tile iIPS* cslendftr yefti% tne *ftx under this eftftptei* tor t/ne period ending during the second calendar yeat ahati be the sam efe
{i)--The same proportion ef a tax for the entire period, determined wider the -tew applicable te the first calendar yea* and at the rate for the first calendar yea^ whichine portion of tine period tctiiin^ witnin ttte iipst cftiendfti* yeftf beftps to tne entire period} dnd
\,j->) i ne sftrue proportion of ft t&x tor trie entire period determined under me iflw flppiicfl oie to tfte second cftlend&i* yeflp ftnd fit trie rftte tof ttte second coiendflp yeftr, wnicn tne portion or trie period tfilling witnin tne second Cftlendftt ye&p Desrs to tne eirtife period.
{f> (e) Whenever in the opinion of the commissioner it is necessary in order to deter mine clearly the income of any taxpayer, inventories shall be taken by the taxpayer on the basis prescribed by the commissioner. Each such basis shall conform as nearly as possible to the best accounting practice in the particular trade or business which most clearly reflects the income.
<f> ill If a return has been filed within the three years immediately preceding the date of the taxpayer's death, income and expenses of a taxpayer who dies during the taxable year shall be computed on the same method of accounting, whether cash or accrual, as was used by the taxpayer in the preparation of the last income tax return filed by him with the commissioner. If no return has been filed within the three-year period, the return of a deceased taxpayer shall be prepared on the cash method unless the commissioner certifies that the cash method, because of particular circumstances, is not reasonable to either the state or the heirs, legatees, or devisees interested in the taxpayer's estate. If the commissioner certifies that the cash method is unreasonable, he may order the preparation of the return on the accrual method.
48-7-34. If any corporation or nonresident employs in its books of account a detailed allocation of receipts and expenditures which reflects more clearly than the processes or formulas prescribed by this chapter the income attributable to the trade or business within this state, application for permission to base its return upon the books of account shall be considered by the commissioner. The application shall be made at least 60 days prior to the last day on which the taxpayer's return is to be filed and shall be accompa nied by a full and complete explanation of the method employed.
48-7-35. If any corporation or nonresident shows by any method of allocation other than the processes or formulas prescribed by this chapter that another method reflects more clearly the income attributable to the trade or business within this state, applica tion for permission to base its return upon the other method shall be considered by the commissioner. The application shall be accompanied by a statement setting forth in detail with full explanations the method the taxpayer believes will more clearly reflect its income from business within the state. If the commissioner concludes that the method of allocation and apportionment submitted by the taxpayer is in fact inappli cable and inequitable, he shall reject the application and shall so notify the taxpayer.

THURSDAY, MARCH 5, 1987

1807

Failure to receive the commissioner's notice shall not operate to relieve the taxpayer from liability for not filing the return on its due date utilizing the allocation and appor tionment method prescribed by this chapter.
48-7-36. In the case of an individual: (1) Serving in the armed forces of the United States or in support of the armed
forces of the United States in an area designated by the President of the United States by executive order as a 'combat zone,' as that term is defined by the United States Internal Revenue Code of 1064 1986, at any time during the period designated by the President's executive order as the period of combat activities in the zone;
(2) Hospitalized as a result of an injury received while serving in such an area during the period of combat activities; or
(3) Who is confined as a prisoner of the forces opposing the United States in a combat zone, the period of service in the combat zone, plus the period of continuous hospitalization attributable to an injury, plus any period of confinement, and the next 180 days there after shall be disregarded in determining whether any filing required by this title has been performed within the time prescribed for the filing. 48-7-37. In the case of any individual who dies while in active service as a member of the armed forces of the United States, if the death occurred while serving in a combat zone, as that term is defined by the United States Internal Revenue Code of 1064 1986, or as a result of wounds, disease, or injury incurred while so serving, any tax imposed
by this article: (1) Shall not apply with respect to the taxable year in which falls the date of his
death or with respect to any prior taxable year ending on or after the first day he
served in a combat zone after June 24, 1960; (2) For a taxable year preceding those specified in paragraph (1) of this Code
section which is unpaid at the date of his death including, but not limited to, interest, additions to the tax, and additional amounts shall not be assessed. If assessed, the
assessment shall be abated. If any such amount is collected, it shall be credited or refunded as an overpayment.
48-7-38. (a) As used in this Code section, the term: (1) 'Member of a minority" means an individual who is a member of a race which
comprises less than 50 percent of the total population of the state.
(2) 'Minority subcontractor' means any business which is owned by: (A) An individual who is a member of a minority who reports as his personal
income for Georgia income tax purposes the income of such business; (B) A partnership in which a majority of the ownership interest is owned by one
or more members of a minority who report as their personal income for Georgia
income tax purposes more than 50 percent of the income of the partnership; or (C) A corporation organized under the laws of this state in which a majority of
the common stock is owned by one or more members of a minority who report as their personal income for Georgia income tax purposes more than 50 percent of the
distributed earnings of the corporation. (3) 'State contract' means a contract for the purchase by the state of goods, prop
erty, or services or for the construction of any building or structure for the state, which contract is executed by any department, board, bureau, commission, or agency of state government, by any state authority, or by any officer, official, employee, or
agent of any of the foregoing. (b) In computing Georgia taxable net income of a corporation, partnership, or indi
vidual, there shall be subtracted from federal taxable income or federal adjusted gross income 10 percent of the amount of qualified payments to minority subcontractors. A
payment to a minority subcontractor shall be a qualified payment if: (1) The payment is for goods, personal property, or services furnished by the
minority subcontractor to the taxpayer and delivered by the taxpayer to the state in
furtherance of a state contract to which the taxpayer is a party; and the payment does not exceed the value of the goods, property, or services to the taxpayer;
(2) The payment is made during the taxable year for which the subtraction from federal taxable income or federal adjusted gross income is claimed; and

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JOURNAL OF THE HOUSE,

(3) The payment is made to a subcontractor who at the time of the payment is certified as a minority contractor pursuant to subsection (d) of this Code section. (c) The total amount which may be subtracted under this Code section from federal taxable income or federal adjusted gross income of any taxpayer shall be limited to $100,000.00 per taxable year. (d) The commissioner of administrative services shall certify individuals, partner ships, and corporations which are within the definition of the term 'minority subcontrac tor' specified in subsection (a) of this Code section. The department may disclose to the commissioner of administrative services the income tax returns of taxpayers applying for certification as minority subcontractors. The commissioner of administrative services shall maintain and periodically revise a list of certified minority subcontractors and shall make such list available to the department and to the general public.
48-7-30.--F-er purposes ef determining th* Georgia taxable net income ef- small busi
ness corporations d their shareholders, the provisions ef 8ubchaptcr S ef Chapter -1
ef Subtitle A ef the Internal Revenue Code f 1064, as saeh provisions existed n Jan-
ftry T^ lyoo, siiftll flpply TOI* fill Ocor^ifl t&x&Dlc ycftps DC^iimin^ 'OR "Of flitcr utwiiiftFy TJ
1TCQTCQTQ CT:
48-7-39. (a) With respect to property placed in service in taxable years ending prior to the effective date of this Code section, a taxpayer shall in his return for the first tax^ able year ending on or after January lj 1987, elect to:
(1) Continue to depreciate or otherwise recover the cost of such property according to the same method used for Georgia income tax purposes for the taxable year in which the property was placed in service; or
(2) Depreciate or otherwise recover the cost of such property according to the method used for federal income tax purposes for the taxable year in which the prop erty was placed in service. The election required bjr this subsection shall be made for a taxpayer's first taxable year ending on or after January 1^ 1987, in such manner as may be specified by the commis sioner. If a return for such a taxable year has been filed without such an election prior to or within 90 days after the effective date of this Code section, the taxpayer may file an amended return containing such an election. (b) The election provided for in subsection (a) of this Code section shall apply to all property of the taxpayer uniformly and shall be irrevocable and applicable to all subse quent taxable years. Except as otherwise provided in the last sentence of subsection (a) of this Code section, if no such election is made, the taxpayer shall be deemed to have elected the option afforded by paragraph (2) of subsection (a) of this Code section. The General Assembly recognizes and intends that if a taxpayer elects the option afforded by paragraph (2) of subsection (a) of this Code section then in certain cases the taxpayer may never fully depreciate or recover the cost of certain property for Georgia income tax purposes and in certain cases the taxpayer may be allowed to depreciate or recover more than the full cost of certain property for Georgia income tax purposes. Taxpayers electing the option afforded by paragraph (1) of subsection (a) of of this Code section shall in determining Georgia taxable income make such adjustments to federal taxable income as are required to reflect the effect of such election. Any such election shall apply both to determination of deductions for depreciation or cost recovery of affected property and also to determination of gain or loss on the sale or other disposition of such property. The commissioner shall specify the manner in which such adjustments shall be made."
Section 3. Said title is further amended by striking Code Section 48-7-50, relating
to persons required to file income tax returns, and inserting in its place a new Code
Section 48-7-50 to read as follows:
"48-7-50. (a) An income tax return with respect to the tax imposed by this chapter
shall be filed with the commissioner by every:
(1) Resident who is required to file a federal income tax return for the taxable
year;
(2) Nonresident who has federal gross income from sources within this state;
(3) Resident estate or trust that is required to file a federal income tax return; sttd

THURSDAY, MARCH 5, 1987

1809

(4) Nonresident estate or trust that has federal gross income from sources within this stater ] and
(5) Resident or nonresident who has taxable income subject to Georgia income tax for the taxable year who does not have taxable income subject to federal income tax for the same taxable year. (b) The commissioner may require each taxpayer by regulation to file with the return required by this chapter a copy of all or any part of the taxpayer's federal income tax return for the corresponding period."

Section 4. Said title is further amended by striking subparagraph (J) of paragraph (10) of Code Section 48-7-100, relating to definitions of terms relating to current income tax payment, and inserting in its place a new subparagraph to describe remuneration not included in the definition of the term "wages" and to read as follows:
"(J) To, or on behalf of, any employee: (i) From or to a trust described in Section 401(a) of the United States Internal
Revenue Code of 1064 1986 which is exempt under Code Section 48-7-25 at the time of the payment unless the payment is made to an employee of the trust as remunera tion for services rendered as an employee and not as a beneficiary of the trust;
(ii) Under or to an annuity plan which at the time of the payment meets the requirements of Section 401(a)(3), (4), (5), and (6) of the Internal Revenue Code of 4964 1986;".

Section 5. Said title is further amended by striking subsections (a) and (b) of Code Section 48-7-101, relating to income tax withholding, and inserting in their place new sub sections (a) and (b) to read as follows:
"(a) The amount of wages subject to withholding shall be the amount of wages paid, less:
(1) Fifteen percent of the wages, but not in excess of: (A) $40.00 for a weekly payroll period; (B) $80.00 for a biweekly payroll period; (C) $83.00 for a semimonthly payroll period; (D) $168.00 for a monthly payroll period; (E) $500.00 for a quarterly payroll period; (F) $1,000.00 for a semiannual payroll period; (G) $2,000.00 for an annual payroll period; or (H) $5.50 per day for a daily or miscellaneous payroll period; and
(2) The total withholding exemption allowance applicable to the wage payment as computed under subsection (b) of this Code section. (b) (1) The withholding exemption allowance applicable to a wage payment to an employee, determined according to the payroll period of the employee, shall be the amount shown in Column 1, below, or the amount shown in Column 2, below, as the withholding exemption status of the employee may be, plus the amount shown in Column 3, below, multiplied by the number of dependency exemptions claimed by the employee.

Payroll Period

Col. 1 Single Exemption

Col. 2 Marital Exemption

Col. 3 Each Dependent
Exemption

Weekly

$

28.75 $

57.50 $

28.75
1 Q CA "LO,U\J

Biweekly

57.50

115.00

57.50
Q&HI fW \f\

Semimonthly

62.50

125.00

62.50
20 00

Monthly

125.00

250.00

125.00

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JOURNAL OF THE HOUSE,

Quarterly

375.00

750.00

375.00
1:75.00

Semiannual

750.00

1,500.00

750.00 qcf\ nn
OtJ\J.\t\J

Annual

1,500.00

3,000.00

1,500.00
nf\f\ nr\ I UU.UU

Daily or

Miscellaneous

4.15

8.30

4.15

"l.VO

(2) If wages are paid for a miscellaneous payroll period or with respect to a period which is not a payroll period, the withholding exemption allowance with respect to each payment of wages shall be the exemption allowed for a daily payroll period multiplied by the number of days in the period including, but not limited to, Satur days and Sundays, with respect to which the wages are paid.
(3) In any case in which wages are paid by an employer without regard to any pay roll period or other period, the withholding exemption allowance with respect to each payment of wages shall be exemption allowance for a daily payroll period multiplied by the number of days, including but not limited to, Saturdays and Sundays, which have elapsed since the last payment of wages by the employer during the calendar year, since the date of commencement of employment with the employer during the year, or since January 1 of the year, whichever is later."

Section 6. Said title is further amended by striking Code Section 48-7-102, relating to withholding exemption status and deductions, and Code Section 48-7-102.1, relating to withholding rules and regulations, and inserting in their place new Code sections to read as follows:
"48-7-102. (a) (1) A zero exemption status shall apply to any employee receiving wages who, on the withholding exemption certificate required under subsection (c) of this Code section, disclaims any exemption status or who fails to file with his employer the withholding exemption certificate required under subsection (c) of this Code section.
(2) A single exemption status shall be available to any employee receiving wages who at the time cannot qualify for a marital exemption or who disclaims a marital exemption^ unless such employee is an individual who is eligible to be claimed as a dependent on another taxpayer's federal income tax return in which case a zero exemption status shall apply.
(3) A marital exemption status shall be available to any employee receiving wages who at the time is married and living with his spouse, but only if his spouse does not have in effect at that time a withholding exemption certificate claiming a single or marital exemption.
{4)--A marital exemption status shaH be available te any employee receiving wages

withholding dependency exemption fer a dependent used for the purpose ef qualifying ior uic exemption tinder tiode section 4oTM t ~0 may ije claimed tr tne exemption authorized * this paragraph is claimed. (b) An employee receiving wages shall be entitled on any day to one withholding dependency exemption;
ft)--Per for each individual with respect to whom he would may reasonably be expected to be entitled to an exemption under paragraph {&} ef subsection (b) ef- Code oection 4o" i-<so \dependentsj rt tnat day were tne last day ot tne employee 8 taxa QIC year; for the taxable year under Code Section 48-7-26.
{3}--Per each condition with respect te which he would be entitled te an exemption under paragraph \o) OT suDscction ^u/ 'Of oode oection 4o /"so ^attained age 007 of paragraph {4} ef subsection fb) of Code Section 48-7-26 (blindness) en account ef his personal condition if that day were the test day ef the employee's taxable year; and

THURSDAY, MARCH 5, 1987

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For each condition with respect to which he would be entitled to an exemption of suDsectioii T"7 ^* tiOQe ocction 4o -*-o ^flttfluncQ &e DO/ or
paragraph ft) ef- subsection fb) of- Code Section 48-7-26 (blindness) e account of the condition ot iws spouse tr tnflt ofty were trie iti&t d&y of trie employee s tflXflDie your find tf trie ewiptoyee is ftiso entitled to ft msritQi exemption under porQ^rB.pn \o) of subsection {a} ef this Code section. (c) (1) On or before the date of the commencement of employment with any employer, the employee shall furnish the employer with a signed withholding certif icate in the form prescribed by the commissioner relating to his withholding exemp tion status and the number of dependency exemptions which the employee claims. No exemption may be claimed to which the employee is not entitled.
(2) Except as otherwise provided by rules or regulations of the commissioner, if an employee has filed with his employer an exemption certificate as required for federal withholding tax purposes, an employer may give effect to the exemption status and exemptions claimed on the federal exemption certificate when the certificate contains sufficient information to enable the employer to give effect to the withholding exemp tions allowable under this Code section.
(3) Whenever during a calendar year the withholding exemption status of an employee or the number of dependency exemptions to which an employee is entitled changes or whenever an employee reasonably expects such a change before the end of the calendar year which would entitle the employee to different withholding exemp tions than those shown on the exemption certificate in effect for the employee, the employee shall file with his employer within ten days of the change or, for the next calendar year, on or before December 20 a new certificate indicating the change. In no event shall the withholding exemption status or the number of dependency exemp tions claimed on a certificate exceed the number to which the employee is entitled.
(4) (A) A withholding exemption certificate furnished the employer when no pre vious certificate is in effect shall take effect as of the beginning of the first payroll period ending, or as of the first payment of wages made without regard to a payroll period, on or after the date on which the certificate is so furnished.
(B) A withholding exemption certificate furnished the employer when a previous certificate is in effect shall take effect with respect to the first payment of wages made on or after the first status determination date which occurs at least 30 days from the date on which the certificate is so furnished. At the election of the employer, the certificate may be made effective with respect to any payment of wages made on or after the date on which the certificate is so furnished. For pur poses of this subparagraph, the term 'status determination date" means January 1 and July 1 of each year. (5) A withholding exemption certificate which takes effect under this subsection shall continue in effect with respect to the employer until another certificate takes effect under this subsection. Each withholding exemption certificate which is in effect
is, at the time of the receipt of any wages, a present representation of fact subject to the criminal penalties of Code Section 48-7-127.
48-7-102.1. (a) The commissioner shall have the power to make and publish reason able rules and regulations:
(1) Setting forth circumstances under which an employer shall be required to submit to the commissioner copies of withholding exemption certificates furnished to
the employer by his employees; (2) Establishing a procedure by which the commissioner may notify an employer
and employee that any withholding exemption certificate which has been submitted
to the commissioner shall be considered defective for purposes of computing amounts of withholding under this article;
(3) Establishing a procedure by which the commissioner may, after a withholding exemption certificate submitted to him has been determined to be defective, specify
to an employer the basis upon which amounts of withholding under this article are to be computed; and

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(4) Governing any and all other matters reasonably considered by the commis sioner to be appropriate in addressing those matters set forth in paragraphs (1) through (3) of this subsection. (b) For purposes of rules and regulations promulgated under the authority of subsec tion (a) of this Code section, the term 'employer' may be defined by the commissioner to include an individual authorized by an employer to receive withholding exemption certificates, to make withholding computations, or to make payroll distributions. (c) Nothing in this Code section shall be construed to deny additional withholding allowances to an employee who can show that he will have additional deductions because he or his spouse has attained age 65 or is blind, large itemized deductions, deductible alimony payments, moving expenses, employee business expenses, retirement contribu tions, net losses, or tax credits."
Section 7. Said title is further amended by striking subsection (b) of Code Section 48-7-114, relating to declarations of estimated income tax, and inserting in its place a new subsection to read as follows:
"(b) Except as otherwise provided in subsection (e) of this Code section, every resi dent individual and every taxable nonresident individual shall make a declaration of his estimated tax for the current taxable year if he can be reasonably expected to be required to file a Georgia income tax return for the current taxable year and his gross income can reasonably be expected to:
(1) Include more than $1,000.00 from sources other than wages as defined in para graph (10) of Code Section 48-7-100; and
(2) Exceed: (A) One thousand five hundred dollars if the individual is single or the indi
vidual is married and not living with his spouse or the individual is married and expects to claim only $1,500.00 of the marital exemption; or
(B) Three thousand dollars if the individual is married and living with his spouse and expects to claim the full marital exemption."
Section 8. Said title is further amended by striking subsection (b) of Code Section 48-12-2, relating to returns, calculation, and payment of estate taxes, and inserting in its place a new subsection to read as follows:
"(b) On or before the date the duplicate return is filed with the commissioner, the personal representative shall pay to the state a tax in an amount equal to the amount allowable as a credit for state death taxes under Section 2011 of the Internal Revenue Code of 1064 1986. If the tax is paid later than the federal filing date, not including any extensions, the personal representative shall pay interest on the tax at the rate specified in Code Section 48-2-40 from the filing date to the time of payment. If the decedent owned at the time of his death either real property in another state or personal property having a business situs in another state and the other state requires the pay ment of a tax for which credit is received against federal estate taxes, any tax due under this chapter shall be reduced by an amount which bears the same ratio to the total state tax credit allowable for federal estate tax purposes as the value of the property taxable in the other state bears to the value of the entire gross estate for federal estate tax pur poses."
Section 9. Each of the following Code sections and parts of Code sections is amended by striking the phrase "Internal Revenue Code of 1954" and inserting in its place the phrase "Internal Revenue Code":
(1) Paragraph (1) of subsection (a) of Code Section 2-7-155, relating to certified cotton growers' organizations;
(2) Subsection (f) of Code Section 7-1-313, relating to certain collective investment funds;
(3) Paragraph (5) of Code Section 10-5-8, relating to registration of securities and exempt securities;
(4) Paragraphs (9) and (15) of Code Section 10-5-9, relating to securities trans actions exempt from registration;

THURSDAY, MARCH 5, 1987

1813

(5) Subsection (c) of Code Section 19-11-9, relating to location of absent parents by the Department of Human Resources;
(6) Subsection (b) of Code Section 34-8-78, relating to employment security records and reports;
(7) Division (a)(2)(C)(ii) and paragraph (7) of subsection (a) of Code Section 34-8-155, relating to eligibility for extended employment security benefits;
(8) Code Section 34-34-5.1, relating to library lease agreements between municipal corporations and public foundations;
(9) Subsection (f) of Code Section 36-37-6, relating to disposition of municipal property;
(10) Subsection (c) of Code Section 37-9-7, relating to determination of income and assets under "The Patient Cost of Care Act";
(11) Paragraph (1) of subsection (c) of Code Section 40-2-25, relating to applica tions for registration of motor vehicles;
(12) Paragraph (7) of subsection (a) of Code Section 43-17-18, relating to exemp tions from regulation of charitable fund raising;
(13) Code Section 44-14-570, relating to the purpose of laws relating to filing of federal tax liens;
(14) Subparagraph (C) of paragraph (2) of Code Section 45-20-51, relating to defini tions of terms relating to state employees' wage deductions for charities;
(15) Subparagraph (b)(3)(B) of Code Section 46-2-26.3, relating to recovery of cer tain conversion costs by certain utilities;
(16) Paragraphs (2) and (4) of Code Section 47-18-2, relating to definitions pertain ing to social security coverage for public employees;
(17) Paragraph (12) of Code Section 48-5-41, relating to property exempt from ad valorem taxation;
(18) Code Section 48-5-470.1, relating to ad valorem tax exemption of certain motor vehicles used for transporting handicapped or disabled students;
(19) Paragraph (2) of Code Section 48-6-22, relating to exemptions from intangible taxation;
(20) Paragraph (4) of subsection (c) of Code Section 48-6-27, relating to intangible personal property returns;
(21) Subsection (c) of Code Section 48-7-60, relating to confidentiality of income tax information;
(22) Subparagraph (A) of paragraph (11) of Code Section 48-8-3, relating to exemp tions from sales and use taxation;
(23) Subsection (d) of Code Section 53-8-2, relating to investments by executors and trustees;
(24) Code Section 53-12-94, relating to annual reports by trustees to the state revenue commissioner;
(25) Code Section 53-12-120, relating to automatic amendment of articles of incorporation of private foundations;
(26) Code Section 53-12-121, relating to express amendment of articles of incorpo ration of private foundations;
(27) Code Section 53-12-124, relating to automatic amendment of governing instru ments of certain trusts;
(28) Code Section 53-12-125, relating to automatic amendment of governing instru ments of certain trusts;
(29) Code Section 53-12-126, relating to express amendment of governing instru ments of certain trusts;
(30) Code Section 53-12-129, relating to elections by trustees of certain trusts; (31) Code Section 53-12-130, relating to elections by directors of certain private foundations; and (32) Code Section 53-12-131, relating to commissions of trustees of certain trusts.
Section 10. (a) This Act shall become effective immediately upon its approval by the Governor or upon its becoming law without such approval. This Act shall apply to tax able years ending on or after such effective date. A taxpayer with a taxable year ending

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JOURNAL OF THE HOUSE,

on or after January 1, 1987, and before the effective date of this Act may elect to have the provisions of this Act apply to such taxable year. If a return for such a taxable year has been filed without such an election prior to or within 90 days after the effective date of this Act, the taxpayer may file an amended return containing such an election.
(b) Tax, penalty, and interest liabilities and refund eligibility for prior taxable years shall not be affected by the passage of this Act and shall continue to be governed by the provisions of Title 48 of the Official Code of Georgia Annotated as it existed immediately prior to the effective date of this Act.
(c) Provisions of the federal Tax Reform Act of 1986 and of the Internal Revenue Code of 1986 which were as of January 1, 1987, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes.
Section 11. All laws and parts of laws in conflict with this Act are repealed.

Representative Crosby of the 150th moved that the House adopt the report of the Committee of Conference on HB 87.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks
Brown YBuck Y Buford YByrd Y Carrell 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 Couch YCox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis,M Y Dixon
Dobbs Y Dover
Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin
Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane,D Y Lane.R
Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey Y McKinney Y Milam
Milford Y Mobley Y Moody Y Moore Y Morton

On the motion, the ayes were 168, nays 1. The motion prevailed.

Y Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock
Y Padgett Pannell
Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith.L Y Smith,P Y Smith.T Y Smith,W
Y Smyre Y Snow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplet! Y Twiggs
Y Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall YWare Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams.J Wilson Y Wood Workman Y Yeargin N Young Murphy,Spkr

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

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolu tion of the House:

THURSDAY, MARCH 5, 1987

1815

HR 402. By Representative Murphy of the 18th: A resolution relative to adjournment.

The Senate has agreed to the House substitute as amended by the Senate, to the following Bill of the Senate:

SB 286. By Senator Howard of the 42nd:
A bill to amend Code Section 43-34-37 of the Official Code of Georgia Anno tated, relating to disciplinary sanctions by the Composite State Board of Medical Examiners, so as to require that board to investigate a licensee's fit ness to practice medicine if the board receives certain notifications regarding judgments or settlements relating to medical malpractice claims or relating to the practice of medicine.

The Senate has disagreed to the House amendment to the following Resolution of the Senate:

SR 7. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to change the provisions relating to the election and terms of office of members of the General Assembly; to change the provisions relating to the organization of the General Assembly; to provide for the submission of this amendment for ratification or rejection.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 17. By Representatives Thomas of the 69th, Chambless of the 133rd, Pannell of the 122nd and Waldrep of the 80th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions affecting jails, so as to declare unlawful the possession by a jail inmate of any controlled substance, dangerous drug, marijuana, alcoholic beverage, gun, pistol, or weapon without the knowledge and consent of the jailer; to provide definitions.

The President has appointed on the part of the Senate the following: Senators Edge of the 28th, Dawkins of the 45th and Peevy of the 48th.

The Senate has disagreed to the House amendments to the following Bill of the Senate:

SB 119. By Senators Barnes of the 33rd, Dean of the 31st and McKenzie of the 14th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to revenue and taxation, generally, so as to provide criminal penalties for the evasion or attempted evasion of any tax, fee, license, pen alty, interest, or other amount imposed under Title 48; to provide an effec tive date.

The Senate insists on its amendment to the following Bill of the House:

1816

JOURNAL OF THE HOUSE,

HB 27. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Chapter 18 of Title 15 of the Official Code of Georgia Anno tated, relating to district attorneys, so as to provide for the appointment of an investigator for each judicial circuit; to amend Code Section 45-18-1 of the Official Code of Georgia Annotated, relating to definitions affecting the state employees' health benefit plan, so as to include district attorneys' investi gators as employees for purposes of the plan.

The Speaker announced the House in recess until 1:45 o'clock, this afternoon.

THURSDAY, MARCH 5, 1987

1817

AFTERNOON SESSION

The Speaker called the House to order.
Representative Couch of the 40th moved that the following Bill of the House be with drawn from the General Calendar and recommitted to the Committee on Public Safety:
HB 792. By Representative Couch of the 40th:
A bill to amend Code Section 40-14-9 of the Official Code of Georgia Anno tated, relating to evidence obtained by county and municipal law enforce ment officers in certain traffic cases and the prohibition on speed detection devices on certain portions of highways by such officers, so as to remove the prohibition on the use of speed detection devices on any portion of any high way which has a grade in excess of 7 percent.
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 226. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others:
A bill to make and provide appropriations for the state fiscal year beginning July 1, 1987, and ending June 30, 1988.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 226. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others:
A bill to make and provide appropriations for the state fiscal year beginning July 1, 1987, and ending June 30, 1988.
The following Senate substitute was read:
A BILL
To make and provide appropriations for the State Fiscal Year beginning July 1, 1987, and ending June 30, 1988; 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, 1987, and ending June 30, 1988, as prescribed hereinafter for such

1818

JOURNAL OF THE HOUSE,

fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus and a revenue estimate of $5,772,000,000 for State Fiscal Year 1988.

PART I. LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: Legislative Branch.........................................................$
Personal Services - Staff ................................................................$ Personal Services - Elected
Officials .........................................................................................$ Regular Operating Expenses .........................................................$ Travel - Staff ...................................................................................$ Travel - Elected Officials...............................................................$ Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................$ Equipment Purchases.....................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications......................................................................^ Per Diem, Fees and Contracts -
Staff ...............................................................................................$ Per Diem, Fees and Contracts -
Elected Officials...........................................................................$ Postage............................................................ ..................................$ Photography ..........,..........................................................................$ Expense Reimbursement Account................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................$

20,118,771 8,997,701
3,466,407 1,363,890
118,800 6,000 0
468,150 437,000 428,000 62,300 643,000
224,599
2,557,424 141,700 71,000
1,132,800 0
8,061,838 20,118,771

Senate Functional Budgets

Total Funds

State Funds

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

$

3,800,499

$

471,453

$

1,013,909

$

5,285,861

3,800,499 471,453
1,013,909 5,285,861

House Functional Budgets

Total Funds

State Funds

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

$

8,061,838

$

304,598

$

1,031,913

$

9,398,349

8,061,838
304,598 1,031,913 9,398,349

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office

$

1,944,876

$

1,481,969

$

809,747

1,944,876 1,481,969
809,747

THURSDAY, MARCH 5, 1987

1819

Ancillary Activities Total

$

1,197,969

$

5,434,561

$

1,197,969

$

5,434,561

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 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 space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, con sider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, 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, print ing, services and other expenses of the Legislative Branch of Government; and for pay ments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appro priations.

Section 2. Department of Audits. Budget Unit: Department of Audits...................................................! Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel..............;.................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................$ Equipment Purchases.....................................................................! Per Diem, Fees and Contracts......................................................! Real Estate Rentals ........................................................................$ Computer Charges...........................................................................! Telecommunications.......................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

11,609,000
9,772,085 332,100 660,000 121,446 28,700 53,500 81,000 360,300 164,000 35,869
11,609,000 11,609,000

PART II. JUDICIAL BRANCH

Section 3. Supreme Court.

1820

JOURNAL OF THE HOUSE,

Budget Unit: Supreme Court ........................................................$
Section 4. Court of Appeals. Budget Unit: Court of Appeals.....................................................!
Section 5. Superior Courts. Budget Unit: Superior Courts .............................................................$
Operation of the Courts .................................................................$ Prosecuting Attorneys' Council.....................................................! Sentence Review Panel ..................................................................$ Council of Superior Court Judges....................................................................................! Judicial Administrative Districts............................................................................................! Habeas Corpus Clerk......................................................................$
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts........................................................!
Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute of Continuing Judicial Education ..................................................$
Institute's Operations.....................................................................! Georgia Magistrate Courts Training Council..............................................................................!
Section 8. Judicial Council. Budget Unit: Judicial Council.............................................................!
Council Operations..........................................................................! Payments to Judicial
Administrative Districts for Case Counting..........................................,...................................! Board of Court Reporting..............................................................!
Section 9. Judicial Qualifications Commission.
Budget Unit: Judicial Qualifications Commission.......................................................!
Section 10. Council of Magistrate Court Judges.
Budget Unit: Council of Magistrate Court Judges..................................,.........................!
Section 11. Council of Probate Court Judges.
Budget Unit: Council of Probate Court Judges............................................................!
Section 12. Council of State Court Judges.
Budget Unit: Council of State Court Judges.......................................................................!
PART III. EXECUTIVE BRANCH
Section 13. Department of Administrative Services.

3,531,000 3,940,018 32,487,308 30,908,375
657,843 115,820 69,980 720,290 15,000 273,575
467,268 376,250 91,018 704,406 609,406
70,500 24,500
106,000
20,000
20,000
9,500

THURSDAY, MARCH 5, 1987

1821

A. Budget Unit: Department of Administrative Services...................................$
Administration and Services Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Rents and Maintenance Expense .................................................$ Utilities.............................................................................................! Postage..............................................................................................! Payments to DOAS Fiscal Administration.............................................................................! Direct Payments to Georgia Building Authority for Capital Outlay..............................................................................! Direct Payments to Georgia Building Authority for Operations....................................................................................! Telephone Billings..........................................................................! Materials for Resale........................................................................! Public Safety Officers Indemnity Fund...........................................................................! Health Planning Review Board Operations....................................................................................! Georgia Golf Hall of Fame Operations....................................................................................! Authorities Liability Reserve Fund...............................................................................! Grants to Counties and Municipalities..............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

22,178.340
36,648,040 7,450,700
248,000 299,500 153,000 1,876,285 8,332,700 3,023,300 619,960 405,700 17,456,200
31,100 268,000
1,959,300
0
0 30,050,000 10,032,800
608,800
50,000
30,000
0
6,800,000 126,343,385 22,178,340

Department of Administrative Services Functional Budgets

Total Funds

State Funds

State Properties Commission Departmental Administration Treasury and Fiscal
Administration Central Supply
Administration Procurement Administration General Services
Administration Space Management
Administration Data Processing Services Motor Vehicle Services Communication Services Printing Services

333,530 2,222,585
16,250,607
10,443,090 2,465,495
596,102
490,423 46,586,138 2,597,437 36,163,017 4,928,663

333,530 2,222,585
14,291,307
0 2,465,495
0
490,423 2,375,000
0 0 0

1822

JOURNAL OF THE HOUSE,

Surplus Property Services Mail and Courier Services Risk Management Services Total

$

1,305,522

$

502,001

$

1,458,775

$ 126,343,385

$

0

$

0

$

0

$

22,178,340

B. Budget Unit: Georgia Building Authority.............................................................$
Georgia Building Authority Budget: Personal Services.............................................. ...............................$ Regular Operating Expenses .......................... ...............................$ Travel.................................................................................................a Motor Vehicle Purchases ................................ ...............................$ Publications and Printing.......................... .....................................$ Equipment Purchases...................................... ...............................$ Computer Charges............................................................................$ Real Estate Rentals ......................................... ...............................$ Telecommunications........................................................................$ Per Diem, Fees and Contracts ....................... ...............................$ Capital Outlay ..................................................................................$ Utilities ..............................................................................................$ Contractual Expense........................................ ...............................$ Fuel.....................................................................................................$
Facilities Renovations and Repairs ....................................................... ...............................$ Total Funds Budgeted.....................................................................$ State Funds Budgeted.....................................................................$

0
18,187,542 4,355,200
14,600 30,000 55,500 271,100 70,000 8,500 105,400 152,800 740,000 7,680,100 249,000 40,000
0 31,959,742
0

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds Custodial Maintenance
Security Van Pool Sales Administration Railroad Excursions Facility Renovations Hazardous Materials Agency Undistributed Total

$

1,983,265

$

0

$

4,613,084

$

0

$

4,808,318

$

0

$

4,637,825

$

0

$

191,236

$

0

$

3,980,929

$

0

$

10,843,088

$

0

$

667,997

$

0

$

0

$

0

$

234,000

$

0

$

0

$

0

$

31,959,742

$

0

Section 14. Department of Agriculture A. Budget Unit: Department of
Agriculture................................ .........................$
State Operations Budget: Personal Services.............................................................................$ Regular Operating Expenses .......................... ...............................$ Travel................................................................. ...............................$ Motor Vehicle Purchases ................................ ...............................$ Publications and Printing..............................................................$ Equipment Purchases ...................................... ...............................$ Computer Charges............................................ ...............................$ Real Estate Rentals ......................................... ...............................$ Telecommunications ........................................ ...............................$ Per Diem, Fees and Contracts ....................... ...............................$ Market Bulletin Postage................................. ...............................$

31,266,736
26,466,896 2,386,656
877,000 649,875 684,000 524,593 450,657 610,900 380,099 432,136 600,000

THURSDAY, MARCH 5, 1987

1823

Payments to Athens and Tifton Veterinary Laboratories .............................................................$
Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro.....................................................................................$
Veterinary Fees................................................................................$ Indemnities.......................................................................................! Bee Indemnities...............,...............................................................! Advertising Contract.......................................................................! Payments to Georgia Agrirama
Development Authority for Operations and Capital Outlay .................................................$ Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets.....................................................................! Capital Outlay.................................................................................! Contract - Federation of Southern Cooperatives................................................................! Tick Control Program ....................................................................$ Poultry Indemnities........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

2,037,160
1,521,603 547,000 91,000 75,000 155,000
420,000
465,000 30,000
60,000 50,000 100,000 39,614,575 31,266,736

Department of Agriculture Functional Budgets

Total Funds

State Funds

Plant Industry Animal Industry Marketing General Field Forces Internal Administration Information and Education Fuel and Measures Consumer Protection
Field Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total

3,809,833 6,459,879 1,984,514 3,227,018 4,067,794 1,379,357 2,657,592
5,599,962 4,051,860 4,168,459
318,402 1,889,905 39,614,575

3,370,998 6,094,875 1,979,091 3,227,018 4,001,086 1,379,357 2,650,592
4,410,587 1,670,394
694,973 0
1,787,765 31,266,736

B. Budget Unit: Georgia Agrirama Development Authority ...................................$
Georgia Agrirama Development Authority Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................!

498,560 118,000
7,500 0
17,300 4,923
0 0 7,400 29,000 0

1824

JOURNAL OF THE HOUSE,

Goods for Resale .............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

79,662 762,345
0

Section 15. Department of Banking and Finance.
Budget Unit: Department of Banking and Finance.......................................................$
Administration and Examination Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases...............................................................! Publications and Printing...............,..............................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

5,261,856
4,283,658 217,000 321,198 40,000 13,000 15,900 158,600 175,500 35,000 2,000
5,261,856 5,261,856

Section 16. Department of Community Affairs.
A. Budget Unit: Department of Community Affairs...........................................!
State Operations Budget: Personal Services.......,.....................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Publications and Printing..............................................................! Equipment Purchases................................,....................................! Computer Charges............................................................,..........,...! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Felony Expenses................................................................! Contracts with Area Planning
and Development Commissions ................................................$ Local Assistance Grants .................................................................$ Appalachian Regional Commission
Assessment...................................................................................!
Community Development Block Grants (Federal)..........................................................................!
Juvenile Justice Grants (Federal)..........................................................................!
Grant - Richmond County.............................................................! Economic Development Grants.....................................................! Payment to Georgia Environmental
Facilities Authority .....................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

7,409,476
4,598,491 144,474 184,514 7,500 95,850 18,789 26,600 364,068 59,503 103,680 50,000
1,400,000 578,000
139,000
30,000,000
1,000,000 0
770,000
384,844 39,925,313 7,409,476

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Executive and Administrative

3,384,741

3,327,741

THURSDAY, MARCH 5, 1987

Technical Assistance Community and Economic
Development Intergovernmental Assistance Total

$

2,466,975

$

32,916,995

$

1.156,602

$

39,925,313

1825
1,222,987
1,870,754 987,994
7,409,476

Section 17. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation ...................................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay .................................................................................$ Utilities.............................................................................................! Court Costs.......................................................................................$ County Subsidy...............................................................................! County Subsidy for Jails................................................................! County Workcamp Construction Grants............................................................................................! Grants for Local Jails.....................................................................! Central Repair Fund.......................................................................! Payments to Central State Hospital for Meals.......................................................................! Payments to Central State Hospital for Utilities...................................................................! Payments to Public Safety for Meals.......................................................................................! Inmate Release Fund.....................................................................-! Health Services Purchases.............................................................! Payments to MAG for Health Care Certification........................................................................! University of Georgia Cooperative Extension Service Contracts.........................................................................! Minor Construction Fund..............................................................! Authority Lease Rentals................................................................! Grant to Richmond County...........................................................! Total Funds Budgeted....................................................................! Indirect DOAS Funding.................................................................! Georgia Correctional Industries....................................................! State Funds Budgeted....................................................................!

253.825,731 181,656,550 21,661,157
1,238,761 865,000 284,000
3,634,462 759,588
2,704,350 2,040,750 1,503,437 2,067,000 8,346,400
350,000 9,855,000
368,438
2,000,000 600,000 600,000
2,942,150
1,495,480
300,000 950,000 13,277,568
47,749
262,900 0 0
20,000 259,830,740
0 0 253,825,731

Departmental Functional Budgets

Total Funds

State Funds

General Administration Adult Facilities and
Programs Training

11,295,213
18,158,451 1,558,604

!

11,295,213

!

17,944,951

!

1,514,060

1826

JOURNAL OF THE HOUSE,

Georgia Training and

Development Center

5

Georgia Industrial Institute

5

Georgia Diagnostic and

Evaluation Center

3

Georgia State Prison

3

Consolidated Branches

3

Middle Georgia

Correctional Institution

3

Jack T. Rutledge

Correctional Institution

3

Central

Correctional Institution

3

Metro

Correctional Institution

3

Coastal

Correctional Institution

3

Central Funds

3

D.O.T Work Details

3

Food Services

3

Farm Services

3

Dodge

Correctional Institution

3

Transitional Centers

3

Augusta Correctional and

Medical Institution

3

Health Care

3

Rogers

Correctional Institution

3

Burruss Correctional and

Training Facility

3

Rehabilitation Programs

3

Federal Grants

3

Probation Administration

3

Probation Field Services

3

Probation Diversion and

Detention Centers

3

Total

i,

B. Budget Unit: Board of Pardons and Paroles.............................
Board of Pardons and Paroles Budget: Personal Services.................................... Regular Operating Expenses ................ Travel ....................................................... Motor Vehicle Purchases...................... Publications and Printing..................... Equipment Purchases............................ Computer Charges.................................. Real Estate Rentals ............................... Telecommunications .............................. Per Diem, Fees and Contracts ............. County Jail Subsidy............................... Total Funds Budgeted........................... State Funds Budgeted...........................

1,684,448 8,476,548
9,602,898 18,123,304 15,067,780
22,462,738
3,611,850
3,250,216
4,197,110
4,494,180 9,225,688
747,965 14,131,075 6,086,507
3,384,408 3,976,548
6,269,026 24,378,999
4,090,706
3,316,085 17,428,598
0 836,581 35,806,029
8,169.185 259,830,740

1,684,448 8,476,548
9,602,898 18,123,304 14,987,780
22,462,738
3,611,850
3,250,216
4,197,110
4,494,180 9,225,688
0 13,453,075 6,086,507
3,384,408 3,976,548
6,269,026 24,378,999
4,090,706
3,316,085 17,428,598
0 836,581 32,406,029
7,328,185 253,825,731
17,850,348
14,578,134 419,933 435,900 135,000 51,200 225,669 168,000
1,015,000 378,500 96,000 347,012
17,850,348 17,850,348

THURSDAY, MARCH 5, 1987

1827

Section 18. Department of Defense. Budget Unit: Department of Defense..........................................$ Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases...............................................................! Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ....................................................,,! Utilities.............................................................................................! Grants to Locals -
Emergency Management Assistance.....................................................................................! Grants - Others................................................................................! Georgia Military Institute Grant.............................................................................................! Civil Air Patrol Contract ...............................................................$ Capital Outlay.................................................................................! Grants to Armories .........................................................................$ Repairs and Renovations...............................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

4,260,879
6,864,007 1,786,719
67,650 50,000 41,650 79,300 9,350 8,200 81,480 141,000 1,683,378
1,420,000 42,000
18,000 42,000
0 535,000 75,000 12,944,734 4,260,879

Department of Defense Functional Budgets

Total Funds

State Funds

Office of the Adjutant General
Georgia Emergency Management Agency
Georgia Air National Guard Georgia Army National Guard Total

!

2,594,944

$

1,837,052

$

3,191,867

!

5,320,871

!

12,944,734

!

1,088,448

$

856,582

$

437,614

$

1,878,235

$

4,260,879

Section 19. State Board of Education Department of Education.
Budget Unit: Department of Education...........................................................!
Operations: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................! Capital Outlay.................................................................................!
QBE Formula Grants: Kindergarten/Grades 1 - 3............................................................-! Grades 4 - 8......................................................................................!

2,138,423,157
35,606,967 3,186,483 1,123,335
80,000 497,012 290,968 7,085,525 2,012,505 615,382 10,489,631 991,165
0
546,050,507 461,945,255

1828

JOURNAL OF THE HOUSE,

Grades 9 - 12......,.............................................................................$ High School Laboratories ..............................................................$
Vocational Education Laboratories.................................................................................!
Special Education............................................................................$
Gifted ................................................................................................$ Remedial Education........................................................................$ Staff Development ..........................................................................$
Professional Development..............................................................! Media ..........,.....................................................................................$ Indirect Cost ....................................................................................$
Pupil Transportation......................................................................! Isolated Schools...............................................................................! Local Fair Share..............................................................................!
Other Categorical Grants: Equalization Formula.....................................................................! Sparsity Grants................................................................................! In School Suspension......................................................................! Special Instructional Assistance ...................................................$
Middle School Incentive ........................,.......................................$ Special Education Low -
Incidence Grants..........................................................................!
Non-QBE Grants: Education of Children of LowIncome Families...........................................................................!
Retirement (H.B. 272 and H.B. 1321) ..........................................................$
Instructional Services for the Handicapped.........................................................................!
Tuition for the Multi-Handicapped.....................................................................!
Severely Emotionally Disturbed...................................................! School Lunch (Federal)..................................................................$ School Lunch (State) ......................................................................$
Supervision and Assessment of Students and Beginning Teachers and PerformanceBased Certification......................................................................!
Regional Education Service Agencies..........................................................................!
Georgia Learning Resources System...........................................................................................!
High School Program .....................................................................$
Special Education in State Institutions.........................................................................!
Governor's Scholarships.................................................................! Special Projects...............................................................................!
Job Training Partnership Act.......................................................!
Vocational Research and Curriculum....................................................................................!
Adult Education..............................................................................!
Salaries and Travel of Public Librarians.........................................................................!
Public Library Materials................................................................!
Talking Book Centers.....................................................................! Public Library M & 0....................................................................$
Health Insurance for Non Certificated Personnel ................................................................$

238,436,865 67,665,200
79,144,564 147,718,585 16,142,378 21,426,443
7,192,652 23,027,563 75,789,576 407,034,876 100,091,765
911,338 (381,072,432)
101,896,110 400,000 207,000
2,000,000 3,000,000
100,000
78,364,380
1,700,000
20,531,560
1,472,000 27,297,196 121,090,490 21,590,650
5,235,607
5,657,121
1,966,576 12,177,907
2,581,128 913,920 879,000
2,860,000
366,540 4,138,911
8,290,155 4,297,565 1,120,862 3,370,630
0

THURSDAY, MARCH 5, 1987

1829

Health Insurance for Retired Teachers .........................................................................$
Grants to Local School Systems for Educational Purposes........................................................................................$
Child Care Lunch Program (Federal) .......................................................................$
Chapter II - Block Grant FlowThrough...............................................................................$
Payment of Federal Funds to Postsecondary Vocational Education......................................................................................$
Program for the Handicapped 3 to 5 Year....................................................................................$
Innovative Programs.......................................................................$ Technology Grants..........................................................................! Limited English-Speaking
Students Program .......................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services
Funding.........................................................................................$ State Funds Budgeted....................................................................!

0
78,000,000 14,261,645 8,702,655
10,440,540 100,000 548,000 500,000 250,000
2,419,792,256 0
2,138,423,157

Education Functional Budgets

Total Funds

State Funds

Instructional Services Governor's Honors Program Vocational Education Public Library Services State Administration Administrative Services Planning and Development Professional
Standards Commission Professional
Practices Commission Local Programs Georgia Academy for
the Blind Georgia School for the Deaf Atlanta Area School
for the Deaf Total

$

7,435,876

857,678

5,579,297

I,856,189

9,784,753

9,525,372

II,911,265

221,300

484,162 2,357,813,283

3,924,370 6,405,747

3,992,964 2,419,792,256

4,647,813
842,678
2,378,415 813,462
8,857,815 6,287,150 10,749,174
221,300
484,162 2,089,410,416
3,783,821 6,225,712
3.721,239 2,138,423,157

Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement
Employees' Retirement System Budget: Personal Services................................... Regular Operating Expenses ............... Travel...................................................... Motor Vehicle Purchases ..................... Publications and Printing .................... Equipment Purchases........................... Computer Charges................................. Real Estate Rentals .............................. Telecommunications .............................

0
863,214 11,300 7,500 0 23,000 5,100 259,000 115,706 26,500

1830

JOURNAL OF THE HOUSE,

Per Diem, Fees and Contracts ...........................................,..........$ Postage..............................................................................................! Benefits to Retirees .................................................,......................$
Employer Contribution ..................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................,...............................................!

583,200 67,500
0
0 1,962,020
0

Section 21. Forestry Commission. Budget Unit: Forestry Commission..............................................$
State Operations Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$
Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................$ Equipment Purchases.....................................................................$
Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$
Per Diem, Fees and Contracts ......................................................$ Contractual Research......................................................................$
Payments to the University of Georgia, School of Forestry for Forest Research......................................................... A..........$
Ware County Grant ........................................................................$
Wood Energy Program..................,................................................! Capital Outlay .................................................................................$
Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................$

31,566,775
24,388,623 5,652,973
145,415 1,571,112
88,000 2,534,695
69,091 27,330 686,135 268,346 250,000
300,000 90,000 51,500 679,500 36,802,720 31,566,775

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services Wood Energy General Administration
and Support Total

$

4,067,854

$

30,390,828

$

51,500

$

2.292,538

$

36,802,720

$

1,140,602

$

28,089,135

$

51,500

$

2,285,538

$

31,566,775

Section 22. Georgia Bureau of
Investigation.
Budget Unit: Georgia Bureau of Investigation......................................................!
Operations Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Evidence Purchased........................................................................! Utilities.............................................................................................! Postage..............................................................................................!

29,498,188
20,670,188 2,030,000
606,000 841,000 120,000 574,000 857,000 1,460,000 1,605,000 40,000 479,000 93,000 73,000

THURSDAY, MARCH 5, 1987

1831

Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Funding.................................................................$ Total State Funds Budgeted.........................................................!

50,000 29,498,188
0 29,498,188

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement Investigative Georgia Crime
Information Center Undistributed Total

2,735,175 5,755,285 9,983,510
5,593,728 0
24,067,698

2,735,175 5,755,285 9,983,510
5,593,728 0
24,067,698

Forensic Sciences Division Budget Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Evidence Purchased........................................................................! Utilities.............................................................................................! Postage..............................................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Funding.................................................................! Total State Funds Budgeted.........................................................!

4,281,590 477,900 39,000 77,000
8,000
241,000 140,000
0 117,000
9,000 0
35,000 5,000 5,430,490
0 5,430,490

Section 23. Georgia State Financing and Investment Commission.
Budget Unit: Georgia State Financing and Investment Commission..................................!
Departmental Operations Budget: Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

0
1,010,700 31,100 9,000 0 1,200 3,000 12,000 90,000 11,000 115,000
1,283,000 0

Section 24. Office of the Governor. Budget Unit: Office of the Governor ...........................................$
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................!

15,979.400 7,412,400
246,000 146,000

1832

JOURNAL OF THE HOUSE,

Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Cost of Operations ..........................................................................$ Mansion Allowance ...............,.........................................................$ Governor's Emergency Fund .........................................................$ Intern Stipends and Travel...........................................................$ Art Grants of State Funds.............................................................! Art Grants of Non-State Funds....................................................! Humanities Grant - State Funds..................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

0 148,000 50,000 108,000 516,000 189,000 59,009,000 2,553,000 40,000 2,500,000 153,000 2,500,000 366,000 50,000 75,986,400 15,979,400

Office of the Governor Functional Budgets

Total Funds

State Funds

Governor's Office Office of Fair
Employment Practices Office of Planning
and Budget Council for the Arts Office of Consumer Affairs State Energy Office Governor's Committee on
Post Secondary Education Consumers' Utility Counsel Criminal Justice Coordinating Council Vocational Education Advisory Council Total

5,246,000
726,400
4,044,000 3,433,000
1,856,000 59,492,000
164,000 472,000
381,000
172,000 75,986,400

5,246,000
666,400
3,944,000 2,952,627 1,856,000
297,373
164,000 472,000
381,000
0 15,979,400

Section 25. Department of Human Resources.
A. Budget Unit: Departmental Operations .........................................................$
1. General Administration and Support Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................! Postage..............................................................................................! Capital Outlay .................................................................................$

386,375,696
42,666,079 2,025,664 1,241,400
0 248,610 390,650 2,398,360 4,223,419 884,883 35,760,040 276,500 852,480
0

THURSDAY, MARCH 5, 1987

1833

Institutional Repairs and Maintenance.................................
Payments to DMA Community Care.........................
Service Benefits for Children ........ Special Purpose Contracts............. Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted....................

0
6,898,000 6,470,574
290,000 104,626,659
0 47,466,905

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office Administrative Appeals Administrative Policy,
Coordination, and Direction Personnel Indirect Cost Facilities Management Public Affairs Community/ Intergovernmental Affairs Budget Administration Financial Services Auditing Services Special Projects Office of Children and Youth Planning Councils Community Services Block Grant Regulatory Services Program Direction and Support Child Care Licensing Laboratory Improvement Health Care Facilities Regulation Compliance Monitoring Radiological Health Fraud and Abuse Child Support Recovery Support Services Aging Services Aging Administration State Health Planning and Development Agency Total

740,085 1,054,382
295,298 8,375,227
0 4,500,954
439,825
486,080 1,524,579 4,701,569 1,815,925
570,000 6,709,065
432,103
8,956,595
733,096 1,979,437
780,908
2,606,130 394,231 774,189
4,241,580 13,765,909 2,826,881 32,102,600 2,669,852
1,150.159 104,626,659

740,085 1,054,382
295,298 8,333,739 (5,639,765) 2,991,939
439,825
486,080 1,524,579 4,701,569 1,815,925
570,000 6,399,922
130,854
0
733,096 1,959,437
460,545
796,627 394,231 585,215 239,555 2,442,570 2,826,881 10,930,652 1,156,505
1,097,159 47,466,905

2. Public Health Budget: Personal Services..................... Regular Operating Expenses. Travel........................................ Motor Vehicle Purchases ....... Publications and Printing...... Equipment Purchases............. Computer Charges...................

37,740,826 48,650,665
1,046,873 20,000 318,995 405,554 570,883

1834

JOURNAL OF THE HOUSE,

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.................................................................! Benefits for Medically Indigent
High-Risk Pregnant Women and Their Infants................................................................................! Family Planning Benefits..............................................................! Grant-In-Aid to Counties...............................................................! Purchase of Service Contracts ......................................................! Special Purpose Contracts.............................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding.................................................! State Funds Budgeted....................................................................!

650,580 587,850 17,406,454
0 86,410 559,000
4,936,795
2,055,000 1,725,000 7,142,000
400,000 2,532,000
5,299,000 302,000
51,622,119 562,000
6.345.000 190,965,004
0 111,187,088

Public Health Functional Budgets

Total Funds

State Funds

Director's Office Employees' Health Health Program Management Vital Records Health Services Research Primary Health Care Stroke and Heart
Attack Prevention Epidemiology Immunization 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 District Health
Administration

718,509 319,857 1,032,499 1,944,291 677,779 768,815
1,888,109 1,677,003
460,596
1,545,231
1,258,518 8,172,464 8,384,056
204,494 9,370,246 53,110,234 1,631,294 11,231,458 1,318,040
624,685 3,447,168
949,828 4,484,047 2,577,756
9,177,580

!

718,509

!

284,857

!

947,499

!

1,847,674

!

677,779

!

741,608

1,358,109 746,498 0

312,434

1,258,518 2,978,391 8,240,453
3,049 4,647,504
0 1,421,119 8,458,843 1,318,040
624,685 3,447,168
411,056 4,359,047 1,419,983

9,177,580

THURSDAY, MARCH 5, 1987

1835

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 Total

1,283,604
1,156,450
7,479,627 48,930,029
275,000 2,207,160 2,658,577 190,965,004

871,654
1,156,450
7,479,627 43,627,719
275,000 1,313,524 1,062,711 111,187,088

3. Rehabilitation Services Budget: Personal Services............................. Regular Operating Expenses......... Travel................................................ Motor Vehicle Purchases............... Publications and Printing.............. Equipment Purchases..................... Computer Charges........................... Real Estate Rentals........................ Telecommunications....................... Per Diem, Fees and Contracts...... Utilities............................................. Capital Outlay................................. Postage.............................................. Institutional Repairs and Maintenance......................... Case Services.................................... E.S.R.P. Case Services.................... Special Purpose Contracts............. Purchases of Services Contracts... Total Funds Budgeted.................... Indirect DOAS Services Funding . State Funds Budgeted....................

57,501,544 12,139,963
773,769 137,000 129,100 1,013,022 1,629,019 2,505,650 1,469,410 5,528,047 1,088,200
0 485,680
30,700 20,652,000
50,000 312,000 5,653,156 111,098,260
0 20,914,303

Rehabilitation Services Functional Budgets

Total Funds

State Funds

Program Direction and Support
Grants Management State Rehabilitation
Facilities Roosevelt Warm Springs
Institute Georgia Factory for
the Blind Disability Adjudication Production Workshop District Field Services Independent Living Sheltered Employment Community Facilities Bobby Dodd Workshop Total

3,372,093 639,551
5,246,116
16,182,950
14,804,356 28,693,412 1,011,857 34,158,043
453,261 1,145,465 4,981,256
409,900 111,098,260

1,463,458 530,225
1,049,223
3,889,403
562,555 0 0
7,236,809 253,261 538,213
4,981,256 409,900
20,914,303

4. Family and Children Services Budget:

1836

JOURNAL OF THE HOUSE,

Personal Services............................. Regular Operating Expenses......... Travel................................................ Motor Vehicle Purchases............... Publications and Printing.............. Equipment Purchases ..................... Computer Charges........................... Real Estate Rentals........................ Per Diem, Fees and Contracts...... Telecommunications....................... Utilities ............................................. Postage.............................................. Cash Benefits ................................... Grants to County DFACS -
Operations.................................... Service Benefits for Children........ Special Purpose Contracts............. Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted....................

Family and Children Services Functional Budgets

Total Funds

Refugee Benefits AFDC Payments SSI - Supplemental Benefits Energy Benefits County DFACS Operations -
Social Services County DFACS Operations -
Eligibility County DFACS Operations -
Joint and Administration County DFACS Operations -
Homemakers Services Food Stamp Issuance Director's Office Administrative Support Regional Administration Public Assistance Management Information
Systems Social Services Indirect Cost Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Day Care Home Management - Contracts Outreach - Contracts Special Projects Program Support

1,408,000 256,818,238
4,000 13,400,000
42,750,650
64,135,452
42,112,532
5,848,683 3,100,000
718,863 3,048,449 3,374,273 5,374,426
15,342,979 1,978,166
0 3,441,099 1,100,000 17,501,000 1,724,000
485,700 1,711,000 17,602,680
150,000 737,000 1,040,227 2,875,323

12,453,125 363,470 392,000 0 749,900 103,103
12,608,036 226,015
8,188,727 929,500 9,100 978,830
270,776,238
156,406,293 39,787,179 5,370,200 509,341,716
0 206,807,400

State Funds

$

0

$

91,466,684

$

4,000

$

0

$

21,826,480

$

32,029,991

$

21,277,464

$

5,267,283

$

0

$

718,863

$

2,569,432

$

3,374,273

$

1,897,826

$

8,324,719

$

1,978,166

$ (8,000,000)

$

946,443

$

875,000

$

11,526,396

$

1,207,587

$

240,757

$

1,666,891

$

3,285,528

$

48,816

$

233,836

$

1,035,627

$

2,042,864

THURSDAY, MARCH 5, 1987

County DFACS Operations Employability Program
Total

1,558,976 509,341,716

Budget Unit Object Classes: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................$ Equipment Purchases.....................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................! Postage..............................................................................................! Capital Outlay.................................................................................! Grants for Regional Intensive Infant Care..................................................................! Grants for Regional Maternal and Infant Care..........................................................$ Crippled Children Benefits............................................................! Crippled Children Clinics..............................................................! Kidney Disease Benefits ................................................................$ Cancer Control Benefits.................................................................! Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants................................................................................! Family Planning Benefits ..............................................................$ Midwifery Program Benefits.........................................................! Grant-In-Aid to Counties...............................................................! Payments to DMA - Community Care........................................! Service Benefits for Children........................................................! Case Services....................................................................................! E.S.R.P. Case Services....................................................................! Cash Benefits...................................................................................! Grants for County DFACS Operations....................................................................................! Institutional Repairs and Maintenance.........................................................................! Special Purpose Contracts.............................................................! Purchase of Service Contracts ......................................................$

B. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions........................................................!
Departmental Operations: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................!

1837
962,474 206,807,400
150,361,574 63,179,762 3,454,042
157,000 1,446,605 1,912,329 17,206,298 7,605,664 3,871,643 66,883,268 1,373,800 2,403,400
0
4,936,795
2,055,000 7,142,000
559,000 400,000 2,532,000
5,299,000 302,000
1,725,000 51,622,119 6,898,000 46,257,753 20,652,000
50,000 270,776,238
156,406,293
30,700 12,317,200 6,215,156
408,505,859
325,802,868 31,658,060 892,950 335,895 149,260 3,830,242 4,228,305 647,487 2,787,550

1838

JOURNAL OF THE HOUSE,

Per Diem, Fees and Contracts ......................................................$ Utilities .............................................................................................$ Postage..............................................................................................! Capital Outlay .................................................................................$ Authority Lease Rentals ................................................................$ Institutional Repairs and
Maintenance.................................................................................$ Grants to County-Owned
Detention Centers.......................................................................! Substance Abuse
Community Services...................................................................! Mental Retardation
Community Services...................................................................! Mental Health
Community Services...................................................................! Community Mental Health
Center Services............................................................................! Special Purpose Contract...............................................................! Reserve for DeKalb RYDC............................................................$ Cost-of-Living Adjustment............................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding.................................................! State Funds Budgeted....................................................................!

32,376,096 15,230,635
247,598 876,890 2,119,055
1,733,056
1,926,470
1,102,000
89,925,712
11,708,744
73,560,424 100,000 808,887 0
602,048,144 0
408,505,859

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets

Total Funds

State Funds

Southwestern State Hospital Georgia Retardation Center Georgia Mental Health
Institute Georgia Regional
Hospital at Augusta Northwest Regional
Hospital at Rome Georgia Regional
Hospital at Atlanta Central State Hospital Georgia Regional
Hospital at Savannah Gracewood State School
and Hospital West Central Georgia
Regional Hospital Outdoor Therapeutic Program Mental Health
Community Assistance Mental Retardation
Community Assistance Central Pharmacy Day Care Centers for
Mentally Retarded Supportive Living Georgia State Foster
Grandparents/Senior Companion Program

32,745,122 28,102,988
23,190,826
18,242,914
23,981,747
27,132,386 112,866,194
21,206,826
42,101,424
18,330,069 I,929,857
7,817,684
3,076,006 141,594
67,223,052 II,410,595
587,394

21,604,608 13,936,095
20,309,800
15,395,587
18,118,111
21,092,659 79,234,006
18,108,559
21,882,149
14,859,691 1,777,577
7,817,684
2,272,345 141,594
32,516,432 7,137,859
573,148

THURSDAY, MARCH 5, 1987

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

$

Community Mental

Retardation Staff

$

Community Mental Retardation

Residential Services

$

Contract with Clayton County

Board of Education for

Autistic Children

$

MH/MR/SA Advisory Council

$

MH/MR/SA Administration

$

MH/MR/SA Indirect Cost

$

Regional Youth

Development Centers

$

Milledgeville State YDC

$

Augusta State YDC

$

Atlanta State YDC

$

Macon State YDC

$

Court Services

$

Community Treatment Centers

$

Day Centers

$

Group Homes

$

Purchased Services

$

Runaway Investigation/

Interstate Compact

$

Assessment and

Classification

$

Youth Services

Administration

Cost-of-Living Adjustment

$

Total

$

Section 26. Department of Industry and Trade.
A. Budget Unit: Department of Industry and Trade..........................
State Operations Budget: Personal Services....................................... Regular Operating Expenses................... Travel .......................................................... Motor Vehicle Purchases......................... Publications and Printing........................ Equipment Purchases............................... Computer Charges.....................................
Real Estate Rentals.................................. Telecommunications.................................
Per Diem, Fees and Contracts................ Postage........................................................
Local Welcome Center Contracts...........

377,121 1,102,000
73,560,424 0
256,892 1,612,523
258,094 298,149
3,294,642
17,855,317
73,200 46,347 7,373,479
0
15,846,006 8,492,683 6,116,821 3,314,456 3,444,569 9,321,259 2,406,221
798,543 605,560 2,788,291
587,873
360,471
1,770,565 0
602,048,184

1839
214,121 1,102,000
31,193,162 0
256,892 906,983
258,094 298,149
2,978,397
12,796,239
73,200 46,347 7,078,303 (295,000)
15,468,006 8,158,472 6,046,086 3,228,942 3,348,169 9,321,259 2,406,221
798,543 605,560 2,788,291
587,873
360,471
1,703,175 0
408,505,859
16,736,522
6,095,900 923,000 316,000 39,000 340,000 82,000 184,500 538,700 185,000 429,000 186,000 200,000

1840

JOURNAL OF THE HOUSE,

Advertising and Cooperative Advertising ...................................................................................$
Georgia Ports Authority Authority Lease Rentals.............................................................$
Historic Chattahoochee Commission Contract..................................................................$
Atlanta Council for International Visitors..................................................................$
Waterway Development in Georgia ..........................................................................................$
Georgia Music Week Promotion ...................................................$ Georgia World Congress Center
Operating Expenses ....................................................................$ Contract - Georgia Association
of Broadcasters ............................................................................$ Southern Center for
International Studies ....,.............................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

5,025,000
2,745,000
70,000
20,000
50,000 35,000
0
53,000
20,000 0
17,547,100 16,736,522

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration Economic Development Tourism Total

5,773,874 4,977,476 6.795.750 17,547,100

4,963,296 4,977,476 6,795.750 16,736,522

B. Budget Unit: Authorities ..........................................................$ Administration Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................$ Equipment Purchases.....................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications ....................................................,..................$ Per Diem, Fees and Contracts ......................................................$ G.O. Bonds and Lease Rentals - G.P.A............................................................................$ Other Debt Service Payments - G.P.A........................................................................$ Capital Outlay - Internal Operations - G.P.A......................................................................$ Atlanta Convention and Visitors Bureau - G.W.C.C. .......................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................?

0
34,582,421 13,101,094
575,797 0
167,141 112,580 623,400 158,002 472,415 4,153,946
20,625,000
1,638,000
2,500,000
0 78,709,796
0

Authorities Functional Budgets

Total Funds

State Funds

Georgia World Congress Center

13,709,657

THURSDAY, MARCH 5, 1987

1841

Georgia Ports Authority Total

$

65,000,139

$

0

!

78,709,796

$

0

Section 27. Department of Insurance Budget Unit: Office of Insurance
Commissioner ....................................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................$ Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted...................................................................-! State Funds Budgeted....................................................................!

9,202,962
8,415,728 366,500 270,500 40,000 140,500 59,067 377,101 480,300 152,400 31,500
10,333,596 9,202,962

Department of Insurance Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loans Regulation Information and Enforcement Fire Safety and Mobile
Home Regulations Total

$

1,354,983

$

2,474,476

$

526,987

$

1,703,855

$

4,273,295

!

10,333,596

$

1,354,983

$

2,368,491

$

526,987

$

1,703,855

$

3,248,646

$

9,202,962

Section 28. Department of Labor. Budget Unit: Department of Labor .............................................$ State Operations:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and
Contracts (JTPA) ........................................................................$ Per Diem, Fees and Contracts......................................................! W.I.N. Grants..................................................................................! Payments to State
Treasury........................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

5,640,000
57,000,000 8,074,000 1,035,000
0 61,000 449,000 2,097,000 2,256,000 1,438,000
61,002,822 1,278,000 264,328
400,000 135,355,150
5,640,000

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices Administrative Services Unemployment Insurance

!

4,175,988

!

11,881,569

$

7,348,669

$

1,106,582

$

994,049

$

3,530

1842

JOURNAL OF THE HOUSE,

Employment Services Field Services Job Training Partnership Total

4,220,474 54,762,446 52.966,004 135,355,150

338,195 3,197,644
0 5,640,000

Section 29. Department of Law. Budget Unit: Department of Law ................................................$ Attorney General's Office Budget:
Personal Services...............................,.............................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................$ Equipment Purchases.....................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Books for State Library .................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

7,373,037
6,473,386 413,651 128,000 0 38,000 32,000 110,000 362,000 80,000 45,000 110,000
7,792,037 7,373,037

Section 30. Department of Medical Assistance.
Budget Unit: Medicaid Services...................................................! Departmental Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...................................................................,.......! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Postage..............................................................................................! Medicaid Benefits...........................................................................! Payments to Counties for
Mental Health..............................................................................! Audit Contracts...............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

334,270,541
9,827,544 281,011 161,959 11,000 69,300 56,229
10,590,816 778,935 289,375
14,291,140 83,000
1,008,433,032
15,558,800 772,500
1,061,204,641 334,270,541

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office Program Management Administration Operations Program Integrity Benefits Total

!

720,223

!

17,632,978

!

2,194,888

!

13,119,370

!

3,545,350

! 1,023,991,832

! 1,061,204,641

!

360,112

!

2,499,987

!

294,286

!

3,793,666

!

1,490,722

! 325,831,768

! 334,270,541

Section 31. Merit System of Personnel Administration.

THURSDAY, MARCH 5, 1987

1843

Budget Unit: Merit System of Personnel Administration Agency Assessments.........................................$
Departmental Operations Budget: Personal Services............................................................................-! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Postage..............................................................................................! Health Insurance Payments..........................................................! Total Funds Budgeted....................................................................! Agency Assessments........................................................................! Employee and Employer Contributions...............................................................................! Deferred Compensation..................................................................!

7,567,329
6,001,266 177,550 69,000 0 263,000 103,300
1,921,428 686,000 80,300
39,113,000 214,000
283.076,000 331,704,844
7,567,329
324,086,698 50,817

Merit System Functional Budgets

Total Funds

State Funds

Applicant Services Classification and
Compensation Program Evaluation and Audit Employee Training
and Development Health Insurance
Administration Health Insurance Claims Internal Administration Commissioner's Office Undistributed Total

2,080,240
895,268 719,913
1,117,878
8,452,437 315,320,524
1,977,129 1,141,455
0 331,704,844

Section 32. Department of Natural Resources.
A. Budget Unit: Department of Natural Resources...........................................................!
Operations Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Postage..............................................................................................! Land and Water Conservation Grants............................................................................................! Recreation Grants...........................................................................!

65,115.635
46,871,187 8,759,070
511,000 1,516,658
575,000 1,913,503
478,620 1,542,077
905,992 1,283,789
333,886
2,000,000 400,000

1844

JOURNAL OF THE HOUSE,

Contract with U. S. Geological Survey for Ground Water Resources Survey.........................................................................$
Contract with U.S. Geological Survey for Topographic Maps...................................................$
Capital Outlay - Repairs and Maintenance .........................................................................$
Capital Outlay - Shop Stock Parks .............................................................................................$
Capital Outlay Heritage Trust .............................................................................$
Authority Lease Rentals ................................................................$ Cost of Material for Resale ...........................................................$ Payments to Lake Lanier Islands
Development Authority ..............................................................$ Contract - Special Olympics,
Inc..................................................................................................! Georgia Sports Hall of Fame.........................................................! Capital Outlay - Heritage
Trust - Wildlife Management Area Land Acquisition................................................................! Capital Outlay - User Fee Enhancements - Parks................................................................$ Capital Outlay - Buoy Maintenance.................................................................................! Capital Outlay - Consolidated Maintenance - Game and Fish..................................................$ Technical Assistance Contract ......................................................$ Capital Outlay .................................................................................$
Contract - Georgia Rural Water Association........................................................................!
Grant - The Hay House.................................................................$
Contract - Corps of Engineers (Cold Water Creek State Park) ................................................$
Contract - Corps of Engineers (Tybee Beach Restoration)........................................................!
Advertising and Promotion............................................................! Payments to Georgia Agricultural
Exposition Authority ..................................................................$ Historic Preservation Grant..........................................................!
Payment to Jekyll Island State Park - Capital Outlay.................................................................!
Payment to Stone Mountain Memorial Association - Capital
Outlay............................................................................................! Environmental Facilities Grant,...................................................!
Non-Game Wildlife Habitat Fund ...............................................$ Georgia Boxing Commission..........................................................! Lanier Regional Committee...........................................................!
Total Funds Budgeted....................................................................! Receipts from Jekyll Island
State Park Authority..................................................................! Receipts from Stone Mountain
Memorial Association .................................................................$ Indirect DOAS Funding.................................................................! State Funds Budgeted....................................................................!

300,000
125,000
1,826,438
300,000
211,500 1,106,000 1,400,000
460,500
206,000 50,000
450,000
1,535,000
20,000
350,000 125,000 118,250
10,000 0
149,405
0 125,000
526,700 150,000
0
0 8,000,000
150,000 7,000 13,000
84,805,575
53,750
315,000 0
65,115,635

THURSDAY, MARCH 5, 1987

1845

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration
Game and Fish Parks, Recreation and
Historic Sites
Environmental Protection Coastal Resources Total

$

5,598,443

$

23,957,244

$

28,632,211

$

25,136,148

$

1,481.529

$

84,805,575

$

5,229,693

$

20,767,629

$

16,157,720

$

21,558,064

$

1,402,529

$

65,115,635

B. Budget Unit: Authorities ..........................................................$ Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Boat Replacement Expense...........................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

0
2,664,700 1,890,500
26,500 69,500 64,150 84,400 22,000 17,000 66,200 84,600
0 178,350 5,167,900
0

Authorities Functional Budgets

Total Funds

State Funds

Lake Lanier Islands Development Authority
Georgia Agricultural Exposition Authority
Total

!

4,641,200

!

0

$

526,700

$

0

!

5,167,900

!

0

Section 33. Board of Post-Secondary
Vocational Education. Budget Unit: Board of Postsecondary
Vocational Education.......................................!
Board of Postsecondary Vocational Education Budget: Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Publications and Printing.............................................................-! Equipment Purchases.....................................................................! Computer Charges..............................................................-............! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................! Personal Services-Institutions.......................................................! Operating Expenses-Institutions...................................................! Capital Outlay .................................................................................$

95,160,192
1,957,716 158,000 57,000 9,000 40,000 10,000 254,000 275,000 46,000 897,500 15,000
29,612,284 8,928,665 3,000,000

1846

JOURNAL OF THE HOUSE,

Quick Start Program ......................................................................$ Area School Program......................................................................! Junior College Program...........................,......................................!
Area Vocational-Technical School Construction ....................................................................$
Teachers' Retirement .....................................................................$ Teachers' Health Insurance...........................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

3,700,000 46,709,568 2,600,000
0 6,828,000 2.465,459 107,563,192 95,160,192

Institutions Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

!

3,856,500

! 103,706,692

! 107,563,192

!

2,727,500

$

92.432,692

$

95,160,192

Section 34. Department of Public Safety.
A. Budget Unit: Department of Public Safety.................................................................!
Operations Budget: Personal Services.............................................................................! Regular Operating Expenses.........................................................!
Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................!
Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................!
Per Diem, Fees and Contracts......................................................! Postage..............................................................................................! Conviction Reports .........................................................................$
State Patrol Posts Repairs and Maintenance.........................................................................!
Capital Outlay.................................................................................! Driver License Processing..............................................................!
Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................!

68.464,311
49,192,288 6,654,160
137,500 3,069,000
630,000 1,810,806 3,136,000
13,000 824,010 168,470 1,095,375 225,000
200,000 359,502 949,200 68,464,311
0 68,464,311

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations
Total

!

8,744,680

$

15,062,771

$

44,656,860

!

68,464,311

$

8,744,680

$

15,062,771

$

44,656,860

$

68,464,311

B. Budget Unit: Units Attached for Administrative Purposes Only ....,..............................................$
Attached Units Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Publications and Printing..............................................................!

11,072,086
4,963,161 2,001,600
150,000 131,600 65,000

THURSDAY, MARCH 5, 1987

1847

Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Postage..............................................................................................! Peace Officers Training Grants....................................................! Highway Safety Grants ..................................................................$ Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Attached Units Functional Budgets

85,438 379,806 163,722 158,500 I,188,004 30,000 2,440,977 3,500,000
0 15,257,808 II,072,086

Total Funds

State Funds

Office of Highway Safety 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 Total

3,996,743
3,977,203 1,059,310
916,202
410,593
305,528
4,592,229 15,257,808

248,371
3,977,203 1,009,310
829,202
410,593
305,528
4.291.879 11,072,086

Section 35. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System...........................................!
Departmental Operations Budget: Payments to Employees' Retirement System......................................................................! Employer Contributions.................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

12,886,000
211,000 12,675,000 12,886,000 12,886,000

Section 36. Public Service Commission. Budget Unit: Public Service
Commission.......................................................! Departmental Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................!
Real Estate Rentals........................................................................! Telecommunications.......................................................................!
Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................!
State Funds Budgeted....................................................................!

7,150,242
5,427,149 405,967 202,459 235,200 33,500 105,919 258,125 252,000 123,000
1,250,000 8,293,319 7,150,242

1848

JOURNAL OF THE HOUSE,

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

1,282,037 3,137,377 3,873,905 8,293,319

$

1,282,037

2,100,405

3,767.800

7,150,242

Section 37. Regents, University System of Georgia.
A. Budget Unit: Resident Instruction,.........................................! Resident Instruction Budget:
Personal Services: Educ., Gen., and Dept. Svcs ......................................................$ Sponsored Operations.................................................................$
Operating Expenses: Educ., Gen., and Dept. Svcs ......................................................$ Sponsored Operations.................................................................$
Office of Minority Business Enterprise.....................................................................!
Special Desegregation Programs...................................................! Authority Lease Rentals ................................................................$ Research Consortium......................................................................! Eminent Scholars Program............................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! Departmental Income.....................................................................! Sponsored Income...........................................................................! Other Funds.....................................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................! B. Budget Unit: Regents Central Office
and Other Organized Activities............................................................! Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs ......................................................$ Sponsored Operations.................................................................! Operating Expenses: Educ., Gen., and Dept. Svcs......................................................! Sponsored Operations.....................................................................! Fire Ant and Environmental Toxicology Research...................................................................! Agricultural Research.....................................................................! Advanced Technology Development Center...................................................................! Capitation Contracts for Family Practice Residency.........................................................! Residency Capitation Grants.........................................................! Student Preceptorships..................................................................! Center for Rehabilitation Technology ...................................................................................$ Capital Outlay - ETMH.................................................................$ Equipment - AES............................................................................$ SREB Payments..............................................................................! Medical Scholarships......................................................................!

625,858,037
645,744,315 90,000,000
181,694,971 105,000,000
316,606 352,194 14,044,793
3,830,000 0
630,000 1,041,612,879
22,000,000 195,000,000 198,754,842
0 625,858,037
129,849.466
166,688,120 54,640,269
74,152,723 21,336,281
263,448 1,608,719
1,169,341
2,580,000 2,381,730
158,000
643,719 0 0
8,636,100 597,750

THURSDAY, MARCH 5, 1987

1849

Regents Opportunity Grants .........................................................$ Regents Scholarships ......................................................................$ Rental Payments to Georgia
Military College ...........................................................................$ Total Funds Budgeted....................................................................$ Departmental Income .....................................................................$ Sponsored Income ...........................................................................$ Other Funds.....................................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$

600,000 200,000
619,618 336,275,818
0 75,976,550 130,449,802
0 129,849,466

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

Marine Resources Extension Center
Skidaway Institute of Oceanography
Marine Institute Georgia Tech
Research Institute Engineering Extension
Division Agricultural
Experiment Station Cooperative Extension
Service Eugene Talmadge
Memorial Hospital Veterinary Medicine
Experiment Station Veterinary Medicine
Teaching Hospital Joint Board of
Family Practice Georgia Radiation
Therapy Center Athens and Tifton
Veterinary Laboratories Regents Central Office Undistributed Total

1,780,819
2,786,765 1,373,697
86,990,031
5,207,012
46,037,966
44,008,962
118,805,602
2,695,580
2,214,879
5,447,570
1,520,349
2,081,650 15,324,936
0 336,275,818

$

1,082,169

$

1,406,765

$

803,697

$

11,075,031

$

1,750,066

$

30,501,233

$

29,208,862

$

30,122,751

$

2,695,580

$

430,806

$

5,447,570

$

0

$

0

$

15,324,936

$

0

$ 129,849,466

C. Budget Unit: Georgia Public Telecommunications Commission................
Public Telecommunications Commission Budget: Personal Services................................ Operating Expenses........................... Total Funds Budgeted....................... Other Funds........................................ State Funds Budgeted.......................

7,285,500
4,721,000 6,333.500 11,054,500 3,769,000 7,285,500

Section 38. Department of Revenue. Budget Unit: Department of Revenue......... Operations Budget:

64,049,160

1850

JOURNAL OF THE HOUSE,

Personal Services............................. Regular Operating Expenses......... Travel................................................ Motor Vehicle Purchases............... Publications and Printing.............. Equipment Purchases..................... Computer Charges........................... Real Estate Rentals........................ Telecommunications....................... Per Diem, Fees and Contracts...... County Tax Officials/Retirement
and FICA...................................... Grants to Counties/Appraisal
Staff............................................... Motor Vehicle Tags and Decals.... Postage.............................................. Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted....................

38,833,285 1,307,300 1,367,000 233,000 2,429,000 381,400 7,314,575 2,290,000 583,600 215,000
1,645,000
1,430,000 3,670,000 2,350,000 64,049,160
0 64,049,160

Department of Revenue Functional Budgets

Total Funds

State Funds

Departmental Administration Internal Administration Electronic Data Processing Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit Total

3,605,579 8,413,838 6,728,704 13,286,555 5,829,025 13,158,770 5,526,483 3,832,070 3,668,136 64,049,160

3,605,579 8,413,838 6,728,704 13,286,555 5,829,025 13,158,770 5,526,483 3,832,070 3,668,136 64,049,160

Section 39. Secretary of State. A. Budget Unit: Secretary of State ..............................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................I Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Election Expenses...........................................................................! Postage..............................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

18,713,248 12,239,613 1,696,901
227,000 118,000 418,200 134,900 394,300 1,776,100
260,700
583,034 500,000 364,500 18,713,248 18,713,248

Secretary of State Functional Budgets

Total Funds

State Funds

Internal Administration Archives and Records Corporations Regulation

2,706,432 4,213,239 1,714,823

2,706,432 4,213,239 1,714,823

THURSDAY, MARCH 5, 1987

1851

Elections and Campaign Disclosure
Securities Regulation Drugs and Narcotics State Ethics Commission Occupational Certification Total

1,089,895 1,356,877
861,854 214,584 6.555,544 18,713,248

1,089,895 1,356,877
861,854 214,584 6,555,544 18,713,248

Occupational Certification Functional Budgets

Board Costs

Cost of Operations

S.B. of Accountancy S.B. of Architects S.B. of Athletic Trainers Georgia Auctioneers
Commission S.B. of Barbers G.B. of Chiropractic
Examiners State Construction Industry
Licensing Board S.B. of Cosmetology G.B. of Dentistry G.B. of Examiners of
Licensed Dieticians S.B. of Professional
Engineers and Land Surveyors S.B. of Registration for Foresters S.B. of Funeral Services S.B. of Registration for Professional Geologists S.B. of Hearing Aid Dealers and Dispensers G.B. of Landscape Architects S.B. for the Certification of Librarians Georgia Composite Board of Professional Counselors, Social Workers and Marriage and Family Therapists Composite S.B. of Medical Examiners S.B. of Nursing Home Administrators G.B. of Nursing S.B. of Dispensing Opticians S.B. of Examiners in Optometry S.B. of Occupational Therapy S.B. of Pharmacy

194,741 74,377
635 6,597 11,356 16,883 77,130 42,156 51,250 13,539
55,747 3,595 21,462 3,688 6,551 21,374 2,872
30,958 147,223 11,942 71,044
8,497 16,571 8,256 79,556

381,961 153,281
3,384 36,196 134,596 94,398 421,929 728,294 236,905 25,267
292,847 32,108 166,787 18,907 19,792 34,635 15,261
98,743 1,141,058
42,282 778,712 31,977 56,620
16,916 450,269

1852

JOURNAL OF THE HOUSE,

S.B. of Physical Therapy S.B. of Podiatry
Examiners S.B. of Polygraph
Examiners G.B. of Examiners of
Licensed Practical Nurses G.B. of Private Detective
and Security Agencies S.B. of Examiners of
Psychologists S.B. of Recreation
Examiners S.B. of Examiners for
Speech Pathology and Audiology S.B. of Registration for Used Car Dealers S.B. of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers S.B. of Veterinary Medicine S.B. of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysis Undistributed Total

$

12,265

$

6,649

$

6,632

$

48,634

$

12,622

$

14,461

$

5,488

$

6,501

$

14,003

$

8,564

$

41,874

$

7,385

$

0

$

1,163,078

46,350 25,801 41,656 442,775 333,196 70,864 21,953
30,511 174,370
37,833
109,437
133,695 0
6,881,566

B. Budget Unit: Real Estate Commission., Real Estate Commission Budget: Personal Services..................................... Regular Operating Expenses................. Travel ......................................................... Motor Vehicle Purchases ....................... Publications and Printing...................... Equipment Purchases............................. Computer Charges................................... Real Estate Rentals................................ Telecommunications ............................... Per Diem, Fees and Contracts.............. Total Funds Budgeted............................ State Funds Budgeted............................

1,381,169
731,269 112,900 12,000 22,500 26,000
9,200 53,800 99,500 300,200 13,800 1,381,169 1,381,169

Real Estate Commission Functional Budget

State Funds

Cost of Operations

Real Estate Commission

$ 1,381,169

$ 1,381,169

Section 40. Georgia Student Finance Commission.
Budget Unit: Georgia Student Finance Commission..........
Administration Budget:

18,650,542

THURSDAY, MARCH 5, 1987

1853

Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing ..............................................................$ Equipment Purchases.....................................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................$ Payment of Interest and Fees.......................................,...............! Guaranteed Educational Loans.....................................................! Tuition Equalization Grants .........................................................$ Student Incentive Grants...............................................................! Law Enforcement Personnel
Dependents' Grants....................................................................! North Georgia College
ROTC Grants...............................................................................! Osteopathic Medical Loans ...........................................................$ Georgia Military Scholarship
Grants............................................................................................! Academic Scholarships...................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

3,369,318 215,090 58,000 0 112,000 21,300 309,540 122,600 18,000 382,500
3,650,000 12,002,000 4,933,500
36,000
116,000 240,000
252,000 0
25,837,848 18,650,542

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration Higher Education
Assistance Corporation Georgia Student
Finance Authority Total

4,225,848
382,500
21,229,500 25,837,848

0
275,000
18.375.542 18,650,542

Section 41. Soil and Water Conservation Committee.
Budget Unit: Soil and Water Conservation Committee.................................!
Soil and Water Conservation Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! County Conservation Grants.........................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

1,352,396
673,000 99,000 49,000
0 22,000 8,000 3,000 34,000 16,000 126,000 322,396 1,352,396 1,352,396

Section 42. Teachers' Retirement System. Budget Unit: Teachers' Retirement
System................................................................! Departmental Operations Budget:

3.300.000

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Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................? Equipment Purchases.....................................................................? Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Postage..............................................................................................? Cost-of-Living Increases for
Local Retirement System Members.......................................................................................? Floor Fund for Local Retirement Systems....................................................................? Post Retirement Benefit Increases.......................................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
Section 43. Department of Transportation. Budget Unit: Department of
Transportation..................................................? For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities. Departmental Operations Budget:
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................? Equipment Purchases.....................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Capital Outlay.................................................................................? Grants to Counties..........................................................................? Grants to Municipalities................................................................? Capital Outlay - Airport
Approach Aid and Operational Improvements..............................................................................? Capital Outlay - Airport Development................................................................................? Mass Transit Grants.......................................................................? Savannah Harbor Maintenance Payments......................................................................................? Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction....................................................................? G.O. Debt Sinking Fund................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

2,378,967 70,000 25,000 0 55,000 9,000 791,800 288,500 85,000 262,900 88,000
2,200,000
1,100,000
0 7,354,167 3,300,000
432,676,703
190,502,357 48,328,975 1,716,271
1,016,000 470,084
2,789,301 2,085,232 1,075,968 1,955,802 9,050,600 434,680,840 9,317,013 9,317,000
1,355,000
1,370,000 9,654,629
799,250
0 30,000,000 755,484,322 432,676,703

THURSDAY, MARCH 5, 1987

1855

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Assistance to Counties Administration Undistributed Total

481,166,843 213,453,036
4,317,032 9,317,013 17,922,683
0 726,176,607

196,470,944 195,023,328
3,641,032 9,317,013 17,547,683
0 422,000,000

General Funds Budget

Total Funds

State Funds

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 Savannah Harbor Widening Total

$ 9,317,000

231,000 1,626,609

14,333,856

3,799,250

0

$

29,307,715

Section 44. Department of Veterans Service. Budget Unit: Department of Veterans
Service ................................................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................$ Equipment Purchases .....................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Postage..............................................................................................! Operating Expense/Payments to
Central State Hospital................................................................! Operating Expense/Payments to
MedicalCollege of Georgia .........................................................$ Regular Operating Expenses
for Projects and Insurance.........................................................!
Total Funds Budgeted....................................................................!
State Funds Budgeted....................................................................!

317,000
231,000 1,146,609
5,182,844 3,799,250
0 10,676,703
16.453,851
4,105,902 49,571 82,000 0 21,000 117,000 2,402 198,297 58,000 11,000 0 33,000
9,666,529
5,125,000
180,000 19,649,701 16,453,851

Veterans Service Functional Budgets

Total Funds

State Funds

Veterans Assistance

4,579,172

4,348,047

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Veterans Home and Nursing Facility at
Milledgeville Veterans Nursing
Home at Augusta Total

$

9,852,529

$

5,218.000

$

19,649,701

$

8,003,804

$

4,102,000

$

16,453,851

Section 45. Workers' Compensation Board. Budget Unit: Workers' Compensation
Board..................................................................! Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$
Travel................................................................................................$ Motor Vehicle Purchases .........................................................,.....$ Publications and Printing..............................................................!
Equipment Purchases.....................................................................! Computer Charges...........................................,............,..................! Real Estate Rentals ........................................................................$
Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Postage..............................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

6,555,500
5,207,048 106,731 61,500 0 63,000 33,730 267,991 523,000 90,500 157,500 84,500
6,595,500 6,555,500

Workers' Compensation Functional Budgets

Total Funds

State Funds

Administration Vocational Rehabilitation Total

$

6,001,902

$

593,598

$

6,595,500

$

5,961,902

$

593,598

$

6,555,500

Section 46. 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) ........................................$

219,870,962 42,652,500

Provided, that from the above appropriated amount 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

Office/Lab facility for Natural Resources
Spoil Area Reconstruction Program - Dept. of Transportation
Local School Construction Dept. of Education
Replacement of Talmadge Bridge - Dept. of Transportation

$

2,650,000

8,850,000 184,585,000

26,000,000

$

265,000

885,000 18,458,500

2,600,000

THURSDAY, MARCH 5, 1987

1857

Renovating, Constructing and Equipping Facilities Board of Regents
Water and Sewer Projects AMCI Medical/Surgical
Facility - Dept. of Corrections Gracewood Food Service Building Augusta RYDC Detention Facility Skilled Nursing Facility Veterans Service Fine Arts Building at North Georgia College Railroad Relocation at Montezuma Probation Detention Centers Buford Prison Public Libraries Construction Center for Continuing Education - Board of Regents Capitol Hill Office Building Improvements and Land Acquisition Vidalia , North Metro, Statesboro, Jesup AVT Schools Developmental Highways Student Center - Georgia Tech Four Laning and On-Systems Resurfacing and Rehabilitation Dept. of Transportation Paving at State Parks, Schools, Institutions, Historic Sites and Other State Properties Dept. of Transportation Atlanta Farmers Market

30,000,000 20,000,000
1,515,000 3,340,000
800,000 2,250,000
525,000 2,260,000 4,700,000 20,000,000 9,000,000 1,600,000
4,000,000
25,170,000 45,000,000 3,750,000
25,000,000
1,275,000 1,500,000

3,000,000 2,000,000
151,500 334,000 80,000 225,000
52,500 226,000 470,000 2,000,000 900,000 160,000
400,000
2,514,000 4,600,000
375,000
2,500,000
306,000 150,000

Section 47. Provisions Relative to Section 3, Supreme Court. The appropri ations 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 for 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 48. Provisions Relative to Section 4, Court of Appeals. The appro priations 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 for judges and employees of the Court.
Section 49. Provisions Relative to Section 5, Superior Courts. The appro priations in Section 5 (Superior Courts) of this Act are for the cost of operating the Supe rior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code

1858

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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, $10,000 is designated and committed to permit Judges with fewer than five years of experience to attend the Judicial College.
Section 50. Provisions Relative to Section 6, Juvenile Courts. The appro priations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juve nile Court Judges created by Code Section 15-11-4.
Section 51. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Edu cation) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 52. Provisions Relative to Section 8, Judicial Council. The appro priations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judi cial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council.
Section 53. Provisions Relative to Section 19, State Board of EducationDepartment of Education. The formula calculation for Quality Basic Education fund ing assumes a base unit cost of $1,367.00. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
From the Appropriations in Section 19 (State Board of Education, Department of Education) relative to personal services, the Department is authorized to use funds not to exceed $177,000 for upgrading positions within the Department.
From the Appropriations in Section 19, funds are designated and committed for the purpose of Special Education Low - Incidence Grants to finance the direct instructional costs for low - incidence programs which are not covered by the QBE formula. The total of such grants will be determined under Board of Education policy IDDF and may not exceed $500,000 for FY 1988.
From the Appropriations in Section 19, funds in the amount of up to $352,000 are set a-side for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Education. In the event application totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work-site development and supervision.
Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall only be made to local school systems for those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, which provided such common preparation time during the immediately preceding school year, and which meet criteria and standards prescribed by the State Board of Education for middle school programs.
Section 54. 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 and one-half percent cost of living increases on July 1, 1987, and January 1, 1988.
Section 55. Provisions Relative to Section 25, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 71.75% of the

THURSDAY, MARCH 5, 1987

1859

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 stan dards of need shall apply:

Number in Asst. Group

Standards of Need

Maximum Monthly Amount

1

$ 202

$ 145

2

306

220

3

366

263

4

432

310

5

494

354

6

536

385

7

580

416

8

616

442

9

648

465

10

694

498

11

742

532

Provided, that of the above appropriation, the Department of Human Resources is authorized to use foster care benefit funds, not to exceed $300,000, in a pilot area of the State to purchase alternative in-home services to prevent the need for removing a child from his or her home. The costs of such services shall not exceed 80% of the room and board costs that would be incurred otherwise.
The Roosevelt Warm Springs Institute for Rehabilitation is authorized to use excess agency income for a repair and maintenance program.
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 shall not be expanded to levels which such increased Federal funding would not be sufficient to sustain in subsequent years.
From the appropriation in Section 25 (Department of Human Resources) relating to Community Mental Health Centers and Alcohol and Drug Regional Services, agency income, excluding Federal grants where prohibited, shall be expended first to cover expenses for local programs, excepting private gifts, donations and proceeds of local fundraising 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 of contribution of said governments to the program.
The Department shall have flexibility in the Community Mental Retardation Residen tial Services to use benefits to contract with private home providers for service or to pro vide 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 flexibilty 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.
From the appropriation in Section 25 (Department of Human Resources) relating to the Georgia State Foster Grandparent and 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 $125,000 each to the Department of Corrections to provide appropriate security coverage for inmate labor at these 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.

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Provided, that of the above appropriation relating to services for Alzheimer's clients, funding shall be distributed on a cost per slot basis.
It is the intent of this General Assembly to maintain the same level of direct treat ment staff in the Extended Care and Forensic Programs of the MH/MR/SA institutions for Fiscal Year 1988 that was authorized in Fiscal Year 1987.
Section 56. Provisions Relative to Section 26, 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 promot ing Georgia's agriculture, for distribution at Welcome Centers.
Section 57. Provisions Relative to Section 28, Department of Labor. It is the intent of this General Assembly that all State agencies involved in building inspec tions, 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 appropriate legislative committees concerning the need to concentrate responsibility for all building inspections, including elevator and boiler inspections, in a single State agency.
Section 58. Provisions Relative to Section 31, Merit System of Personnel Administration. The Department is authorized to assess no more than $141.70 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 1988 shall not exceed eight percent (8.00%).
Section 59. Provisions Relative to Section 32, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 32 (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 32.
From the appropriation in Section 32 (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 32, the Department of Natural Resoufces 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 60. Provisions Relative to Section 17, Department of Correc tions. With respect to the Legal Services Program for inmates, lawyers, law students and/or employees are prohibited from soliciting for filing of writs.
Section 61. Provisions Relative to Section 34, Department of Public Safety. 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 34, the Office of Planning and Budget is authorized and directed to supplant State funds appro priated 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.
Section 62. Provisions Relative to Section 37, Regents, University System of Georgia. 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 educa tional 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.

THURSDAY, MARCH 5, 1987

1861

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 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 the Medical College of Georgia is authorized to apply agency funds toward the cost of the design of buildings.
Section 63. Provisions Relative to Section 40, Georgia Student Finance Commission. From the appropriation in Section 40 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) Students in science, mathematics, foreign language and special education
teacher fields of study: Not to exceed $525,000 D) Students who are to become agricultural teachers: Not to exceed $30,000
The appropriation in Section 40 relative to Tuition Equalization Grants provides for payment of grants of $875 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 64. Provisions Relative to Section 33 Board of Postsecondary Education. None of the State funds appropriated in Section 33 may be used for the pur pose of planning, designing, constructing, or renovating an area vocational-technical school unless said school agrees to be governed by the State Board of Postsecondary Vocational Education.
Section 65. Provisions Relative to Section 43 Department of Transporta tion. As authorized in the amended General Appropriations Acts for State Fiscal Year 1981 and 1985, $246,500,000 in principal amount of General Obligation bonds were sold for advance construction of the Interstate System. Debt service on these bonds is being provided from General Fund Appropriations or Federal Interstate payback funds and $221,850,000 (90%) is to be repaid to the State from Federal Interstate Funds. $82,748,573 has been repaid leaving a balance due of $139,101,427. A $50,000,000 payment shall be applied during the State Fiscal Year 1988 to the $139,101,427 balance due leaving a prin cipal balance due of $89,101,427 to be repaid to the State on Bonds that have been issued for advance construction of the Interstate System.
Section 66. In addition to all other appropriations for the State fiscal year ending June 30, 1988, there is hereby appropriated $3,450,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $6,964,400 for the purpose of providing operating funds for the State physical health laboratories ($125,000 Budget Unit "A") and for State mental health/mental retardation institutions ($6,839,400 Budget Unit "B") in the Department of Human Resources. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets on a quarterly basis in amounts equal to those of departmental remittances to the Fiscal Division of the Depart ment of Administrative Services from agency fund collections.
Section 67. 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

1862

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debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.
Section 68. 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 69. 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 spe cial interest in future audits to insure strict compliance with the intent of this General Assembly.
Section 70. 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 effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
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 noncomplaince with the stated intent of this Section.
Section 71. Each agency for which an appropriation is authorized herein shall main tain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 72. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 73. 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 74. In accordance with the requirements of Article IX, Section VI, Para graph la of the Constitution of the State of Georgia, as amended, there is hereby appropri ated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts 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. If for any reason any of the sums herein provided under any other provision of this Act are insuffi cient to make the required payments in full, there shall be taken from other funds appro priated to the department, agency or institution involved, an amount sufficient to satisfy

THURSDAY, MARCH 5, 1987

1863

such deficiency in full and the lease payment constitutes a first charge on all such appro priations.

Section 75. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recom mendations contained in the Budget Report submitted to the General Assembly at the 1987 regular session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatso ever 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 transferred between object classes 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 budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Repre sentatives 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.
(b.) (1.) For purposes of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.

Section 76. Wherever in this Act the terms "Budget Unit Object Classes" or "Com bined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combi nation of budget units within a designated section, respectively, 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 77. 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 re- appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.

Section 78. Delayed Hiring Factor by Department.

DOAS Corrections GBI DHR "A" Public Safety PSC Regents "C" Secretary of State

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

Section 79. Cost-of-Living Increases. In addition to all other appropriations for the State Fiscal Year ending June 30, 1988, there is hereby appropriated $107,683,579 for

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JOURNAL OF THE HOUSE,

the purposes described herein: 1.) An increase of 2.5% for full-time employees of the Executive, Judicial and Legislative branches of state government, effective July 1, 1987; 2.) For teachers, Public librarians, and other instructional and support personnel, an increase from $16,800 to $17,304 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 performance based certification, effective the following month; 3.) For the teacher salary schedule to be adjusted to provide an increase
in the longevity factor from 2.6% to 2.7%,, effective September 1, 1987; 4.) For school bus drivers and lunchroom workers, a 2.5% increase to be effective July 1, 1987; 5.) For Uni versity System employees, a 2.5%, salary increase to be effective September 1, 1987 for
academic contracted personnel and for a 2.5% salary increase, effective July 1, 1987, 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; 6.) An increase of 2.5% 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. In addition, $1,792,172 is provided for upgrading selected classifications as recom
mended by the State Merit System and $2,000,000 is provided for two 1.5% cost-of-living adjustments for retired members of the Employee Retirement System Retired Employees.

Section 80. Capitol Hill Real Estate Rental Adjustments......................................................................................$

2,700,000

Section 81. TOTAL STATE FUND APPROPRIATIONS
State F.Y........................................................................................................$ 5,772,000,000

Section 82. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 83. All laws and parts of laws in conflict with this Act are repealed.

Representative McDonald of the 12th moved that the House disagree to the Senate substitute to HB 226.
The motion prevailed.

The following Resolutions of the House were read and adopted:

HR 403. By Representatives Jackson of the 9th, Murphy of the 18th, McDonald of the 12th, Coleman of the 118th, Porter of the 119th and others:
A resolution honoring the Georgia State Patrol on the occasion of its fiftieth anniversary.

HR 404. By Representative Bailey of the 72nd: A resolution commending the Clayton Clean and Beautiful project.

HR 405. By Representative Atkins of the 21st:
A resolution honoring the Cumberland Service Unit of the Northwest Georgia Girl Scout Council.

HR 406. By Representatives Foster of the 6th, Griffin of the 6th, Colbert of the 23rd, Colwell of the 4th, Jackson of the 9th and others:

THURSDAY, MARCH 5, 1987

1865

A resolution expressing regret and extending condolences upon the passing of Mr. Grady Price.

HR 407. By Representatives Hooks of the 116th, Martin of the 26th, Workman of the 51st, Crawford of the 5th, Smith of the 156th and others:
A resolution congratulating Claudia Reynolds.

HR 408. By Representatives Birdsong of the 104th and Waldrep of the 80th: A resolution commending Joe C. Greene.

HR 409. By Representatives Birdsong of the 104th and Waldrep of the 80th: A resolution commending William Black.

HR 411. By Representatives Isakson of the 21st, Davis of the 45th, Colbert of the 23rd, Mueller of the 126th, Felton of the 22nd and others:
A resolution commending Honorable Robert Dole.

Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 186 Do Pass, by Substitute
Respectfully submitted, /s/ Adams of the 36th
Chairman

By unanimous consent, the following Bill of the Senate was taken up for consideration and read the third time:

SB 186. By Senators Hudgins of the 15th and Land of the 16th:
A bill to amend an Act creating the Muscogee County School District, as amended, so as to provide for the composition of the Muscogee County Board of Education; to provide for education districts; to provide for the nonpartisan election of members from education districts; to provide for terms of office; to provide procedures; to provide for vacancies.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, so as to provide for the composition of the Muscogee County Board of Education; to provide for qualifications for the members of the board; to provide for education districts; to provide for the nonpartisan nomination and election of members of the board; to provide for terms of office; to provide for vacancies; to provide for the compensation of members; to provide for the election of a chairman and

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vice chairman; to provide for the duties of the chairman and vice chairman; to change the provisions relating to the determination of the tax levy for the support and maintenance of public education in the Muscogee County School District; to change procedures relating to such tax levy; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, is amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. (a) The terms of office of members of the Muscogee County Board of Edu cation serving on December 31, 1988, shall expire on that date.
(b) On and after January 1, 1989, the Muscogee County Board of Education, here after in this Act referred to as the 'board' or 'board of education' shall be composed of nine members, one of whom shall be elected from each of the nine education districts provided for in subsection (d) of this section. The board shall be elected as provided in this section and shall succeed to all the powers, duties, and obligations of the Muscogee County Board of Education existing on December 31, 1988.
(c) (1) No person shall be eligible to serve as a member of the board if the person: (A) Holds any other public office for which compensation is paid, other than the
office of notary public; (B) Is employed by or serves on the governing body of a private educational
institution; provided, however, this subparagraph shall not apply to private educa tional institutions above the high school level;
(C) Is employed by the Muscogee County Board of Education; or (D) Is employed by the State Board of Education or the State Department of Education. (2) All members of the board shall be at least 21 years of age upon taking office and shall be qualified electors of the Muscogee County School District. Each member shall be a resident of the education district which that member represents and shall have resided in that education district for at least six months immediately preceding the date of that member's election therefrom. If, during the term of office, any member ceases to be a resident of the education district the member was elected to represent, the member's position on the board shall thereby become vacant. Each member of the board shall be elected by a majority of the voters voting within the respective education district which the member represents. All members of the board shall be nominated and elected in nonpartisan primaries and elections as provided in this section. (d) (1) For the purpose of electing the members of the board, the Muscogee County School District shall be divided into nine education districts as follows:
Education District 1
Muscogee Tracts 29.02 and 32 Tract 33 Blocks 103 through 109 Block Group 5 Tract 107.03 Tract 108 That part of Block 901 which lies north of Victory Drive
Education District 2
Muscogee Tract 20 Tract 22

THURSDAY, MARCH 5, 1987

1867

Block Groups 1 and 2 Blocks 301 through 310 Tract 28 Block Groups 1 and 2 Block 605 Block Group 7 Tract 29.01 Tract 107.01 Blocks 117, 119, 120, and 134 Block Group 2 Tract 107.02
Education District 3
Muscogee Tract 31 Tract 33 Blocks 111 through 116 Block Groups 2 through 4 and 6 Tract 34 Tract 108 That part of Block 901 which lies south of Victory Drive Tract 109
Education District 4
Muscogee Tract 1 Tract 14 Blocks 301 through 305, 307, and 309 through 313 Blocks 401 through 405 Tract 15 Blocks 108 through 111, 113, 114, 117 through 121, and 123 Blocks 204 through 217 Blocks 302 through 305, 307 through 319, 323, and 324 Block Group 4 Tract 16 Blocks 607, 611 through 614, 616, and 617 Tract 18 Blocks 203 and 212 through 214 Block Group 3 Blocks 401 and 402 Tract 22 Blocks 311 through 317 Block Group 4 Tracts 24 through 27 Tract 28 Block Groups 3 through 5 Blocks 601 through 604 Block Group 8 Tract 30
Education District 5
Muscogee

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Tracts 106.02, 106.03, and 106.04 Tract 107.01
Blocks 101, 103 through 112, 114 through 116, 118, 123 through 133, and 135
Education District 6
Muscogee Tracts 10, 21, 101.01, and 101.02 Tract 104.02 Blocks 203, 204, 206 through 220, 222 through 224, 230, and 231 Block 902 Tract 105
Education District 7
Muscogee Tract 6 Blocks 101, 102, and 113 through 117 Blocks 201 and 202 Tracts 7 through 9 and 11 through 13 Tract 14 Block Groups 1 and 2 Blocks 406 through 414 Tract 15 Blocks 104 through 107, 124, and 125 Tract 18 Block Group 1 Blocks 201, 202, 206 through 211, and 215 Blocks 403 through 414 Tracts 19 and 23
Education District 8
Muscogee Tracts 2 through 5 Tract 6 Blocks 103 through 112 and 118 Blocks 203 through 218 Tract 15 Blocks 101, 102, 112, and 122 Blocks 201 through 203 Blocks 320 and 321 Tract 16 Block Groups 1 through 5 Blocks 601 through 603, 606, and 615 Tract 103.02 Block 214 Tract 104.01 Blocks 201 through 207 Those parts of Blocks 215, 225, and 228 which lie west of an unnamed creek which is the boundary line between Voting Precincts 18 and 20 Blocks 229 through 233 Block Groups 3 and 4 Tract 104.02 Blocks 904 through 914

THURSDAY, MARCH 5, 1987

1869

Tract 110
Education District 9
Muscogee Tracts 102.01, 102.02, and 103.01 Tract 103.02 Block Group 1 Blocks 201 through 210, 212, 213, 215, and 220 through 223 Block Group 9 Tract 104.01 Block Group 1 Blocks 208 through 210, 212, and 213 That part of Block 215 which lies east of an unnamed creek which is the boundary line between Voting Precincts 18 and 20 Blocks 216 through 218 and 220 through 224 That part of Block 225 which lies east of an unnamed creek which is the boundary line between Voting Precincts 18 and 20 Blocks 226 and 227 That part of Block 228 which lies east of an unnamed creek which is the boundary line between Voting Precincts 18 and 20 Block 236 Tract 104.02 Block Group 1 Blocks 201 and 202
(2) For the purposes of paragraph (1) of this subsection: (A) The term 'Tract,' 'Block Group,' and 'Block' shall mean and describe the
same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia;
(B) Whenever the description of an education district refers to voting precincts, it means the voting precincts of Columbus, Georgia, as such precincts existed on January 1, 1987; and
(C) Whenever the description of an education district refers to 'Victory Drive' it means the street bearing that name lying within Muscogee County as shown on the census map for Muscogee County for the 1980 decennial census for the State of Georgia. (3) Any portion of the Muscogee County School District which is not included in any education district described in paragraph (1) of this subsection shall be included within that district contiguous to such portion which contains the least population according to the United States decennial census of 1980 for the State of Georgia, (e) The first members nominated and elected in nonpartisan primaries and elections from Education Districts 1, 3, 5, 7, and 9 shall be nominated and elected in 1988 and shall take office on the first day of January, 1989, to serve for initial terms of two years and until their respective successors are elected and qualified. The first members nomi nated and elected in nonpartisan primaries and elections from Education Districts 2, 4, 6, and 8 shall be nominated and elected in 1988 and shall take office on the first day of January, 1989, to serve for initial terms of four years and until their respective succes sors are elected and qualified. Successors to the first members of the board elected as provided in this subsection and future successors shall be nominated and elected at nonpartisan primaries and elections held immediately preceding the expiration of their

1870

JOURNAL OF THE HOUSE,

respective terms of office and shall take office the first day of January immediately following that election for terms of four years each and until their respective successors are elected and qualified.
(f) The nonpartisan primaries and elections provided for in subsection (e) of this section shall be held on the same dates as the general state-wide primary and election conducted in 1988 and, thereafter, on the same dates as the general state-wide primary and election conducted immediately prior to the expiration of the respective terms of office. Members of the board of education shall be nominated and elected at said nonpartisan primaries and elections under the same procedures which are applicable to the nonpartisan nomination and election of judges of state courts as provided in the appli cable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code.'
(g) (1) In the event of a vacancy in the office of a member when the remaining term of office is six months or more, the vacancy shall be filled in a special election. A special election to fill a vacancy shall be held only in the education district in which the vacancy occurs. Any such special election shall be nonpartisan and no party affili ation of any candidate in any such special election shall be shown on the ballot. If the remaining term of office is less than six months, the remaining members of the board shall appoint a qualified resident of the education district in which the vacancy occurs to serve for the unexpired term.
(2) The election superintendent of Muscogee County shall issue the call for a spe cial election to fill a vacancy as required by this subsection. The call for a special elec tion shall be issued within 30 days after the existence of a vacancy has been established. A special election to fill vacancies shall be held and conducted in accord ance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code.' (h) Each member of the board shall be compensated in the amount of $300.00 per month plus reimbursement for actual and necessary expenses authorized by the board and incurred in the performance of the member's duties outside the county. Absence by a member of said board for three consecutive meetings shall be held to be a resignation from the board, but such absence may be excused by resolution adopted by a majority of the board. (i) Each member of the board upon assuming office shall take an oath to perform faithfully the duties of the member's office. (j) The board shall hold regular monthly meetings, except during June, July, and August of each year, on a date to be fixed by said board. The board may hold special meetings upon two days' written notice to its members. At all meetings a majority of the entire membership of said board shall constitute a quorum for the transaction of business."
Section 2. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. (a) The members of the board shall, at their first meeting in January of each year, elect from their own membership a chairman and a vice chairman of said board to serve for a term of office of one year. The vice chairman shall serve in the absence of the chairman. The vice chairman shall become the chairman for the remain der of the term of office of the chairman if a vacancy occurs in the office of the member elected as chairman. A member of the board may be reelected as chairman or vice chair man.
(b) It shall be the duty of the chairman to act as presiding officer at all meetings of the board, and the chairman shall be recognized as the ceremonial head of the Muscogee County Board of Education. The chairman shall have such administrative duties as authorized by the board. In addition, 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 any matter coming before the board.

THURSDAY, MARCH 5, 1987

1871

(c) (1) The board shall select in January of each year a secretary and a treasurer. If the secretary or treasurer is a person other than a member of the board, such person shall be paid such salary as the board deems proper.
(2) It shall be the duty of the secretary to attend all regular and special meetings of the board, keep minutes of such meetings, be the custodian of all books and records of the board, keep and use the official seal of the board, and perform such other duties as may be required by the board.
(3) The treasurer shall be the custodian of all funds of the school system and of the board. The treasurer shall be required to give bond, with corporate surety, in such form and in such amount, and with such surety company as security, as will, in the opinion of the board, protect, as fully as possible, funds and property of the board.
(4) Each officer named in this subsection shall hold office at the will of the board, and the board shall be authorized to fill vacancies in said offices. The said board shall adopt an official seal, for use when necessary; the wording on said seal to read 'Muscogee County School District (Georgia). Organized 1950'."
Section 3. Said Act is further amended by striking Section 15 in its entirety and inserting in lieu thereof a new Section 15 to read as follows:
"Section 15. (a) The Muscogee County Board of Education shall annually certify to the governing authority of the consolidated government of Columbus, Georgia, and Muscogee County, Georgia, hereafter referred to as the governing authority, the rate of the tax levy necessary for the support, maintenance, and operation of schools, libraries, and other operations and functions coming within the jurisdiction of the board and the Muscogee County School District, and after such certification has been made to said governing authority, the board of education, through its superintendent of education, shall notify the state revenue commissioner of the rate of the tax levy to be made on the taxable property in the county by the governing authority for said purposes. Such certification by the board of education to the governing authority shall be made in Janu ary of each year. The governing authority shall, at its first regular meeting after receiv ing such certification of the rate of tax, levy the tax so certified upon the assessed value of all taxable property in said county for the purposes so specified by the board of edu cation.
(b) The rate of tax to be levied in the manner and for the purposes above set forth in subsection (a) of this section shall be within the discretion of the board of education, subject to the limitation that the rate of the tax may not exceed 20 mills, unless such tax rate is increased or removed in the manner provided by subsection (c) of this section. The tax rate authorized by this section is for the support, maintenance, and operation of the Muscogee County School District, and the tax rate necessary to pay the bonded indebtedness of such school district shall be in addition to the tax rate author ized by this section.
(c) (1) The mill limitation specified in subsection (b) of this section may be increased or removed by action of the board of education, but only after such action has been approved by a majority of the qualified voters of the Muscogee County School District voting on the question of the increase or removal of such limitation as provided in paragraph (2) of this subsection.
(2) If the board of education wishes to initiate action to increase or remove the mill limitation, it shall request the election superintendent of Columbus, Georgia, to hold and conduct a special election for that purpose. After receiving such a request, it shall be the duty of the election superintendent to issue the call for the election. The superintendent shall set the date of the election for a date specified by the board of education, but the call for the election shall be issued at least 30 days prior to the date of the election. The board of education shall certify to the election superintend ent the language which is to appear on the ballot at the election. Such language shall be in the form of a question which may, at the option of the board, either ask for approval of an increase in the mill limitation to a new specific mill limitation or ask for approval for the removal of the mill limitation. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Muscogee County. It

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JOURNAL OF THE HOUSE,

shall be the duty of the election superintendent of Columbus, Georgia, to hold and conduct a special election as provided in this subsection and to certify the result thereof to the board of education and to the Secretary of State. The board of edu cation may specify that a special election authorized by this subsection shall be held on the same date as a general primary or general election. (d) It is contemplated that it is necessary that the annual tax provided for in this section should be levied in January of each year in order that the board of education may arrange its budget for that year and, if necessary, be able to secure temporary loans whose payment must be based on anticipated revenues for the year; but the provisions as to times of certification and levy are declared to be directory and not mandatory, and delay in such certification or levy shall not render a tax levied after such time invalid. (e) The tax levied for the support, maintenance, and operation of the Muscogee County School District as provided in this section shall constitute the appropriations by the governing authority for said purposes, and any amount levied for and appropriated to said school district and to the board of education and not expended during the year for which levied shall continue to be funds of said school district and board of education and shall not revert to any other purpose."
Section 4. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Muscogee County shall call and conduct an election as pro vided in this section for the purpose of submitting this Act to the electors of the Muscogee County School District for approval or rejection. The election superintendent shall conduct that election on March 8, 1988, 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 Muscogee County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act providing for a nine-member Board of Education of the Muscogee County School District who shall be elected from districts be
( ) NO 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 as provided in Section 5 of this Act. 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 Muscogee County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Section 5. If the referendum provided by Section 4 of this Act is conducted and if this Act is approved at said referendum, the provisions of this Act necessary for the elec tion of members of the Muscogee County Board of Education in 1988 as provided in this Act shall be effective only for the purpose of said election upon the certification of the results of said referendum election, and this Act shall be effective for all purposes on January 1, 1989.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

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

THURSDAY, MARCH 5, 1987

1873

Representative Clark of the 55th District, Chairman of the Committee on Human Relations & Aging, submitted the following report:

Mr. Speaker:
Your Committee on Human Relations & Aging has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 96 Do Pass, by Substitute
Respectfully submitted, hi Clark of the 55th
Chairman

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

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 147 Do Pass, as Amended
Respectfully submitted, hi Colwell of the 4th
Chairman

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

SB 229. By Senators Allgood of the 22nd, Kennedy of the 4th and Barnes of the 33rd:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile court proceedings, so as to grant juvenile courts jurisdiction over proceedings concerning notice to a parent or guardian rela tive to an unemancipated minor's decision to seek an abortion; to provide for a short title; to provide for definitions.

Representative Ramsey of the 3rd moved to limit debate on SB 229 to five minutes except for members of the minority report and the committee chairman who will be allowed twenty minutes.
On the motion, the roll call was ordered and the vote was as follows:

YYAAdaaromns,G
Y Adams,M Aiken Alford
N Alien Athon Atkins
Y Bailey Balkcom
Y Bannister Bargeron
YBarnett,B

YY BBeacrknett,M
Y Benefield Y Benn
Birdsong Bishop YBostick Y Branch Y Bray Y Brooks Brown Buck Y Buford

YY BCyarrdell
Y Carter Chambless Chance
Y Cheeks vS"9 Y Childs Y CUrk,B Y Clark.L
Co bert Co enun Y Colwell

Y* CCoooopMerr'
nTM rrawfnrH cZbv Nrw,min, YDavisG 8 DavsM Y DUTM Dobbs Jf"TM TMr

y F F1<)^yd ^
Y Foster N Galer
Godbee Y Goodwin
Gree" Green Greer Gresham Y Griffin Y Groover

1874

JOURNAL OF THE HOUSE,

Y Hamilton Hanner
Y Harris Y Hasty YHays Y Heard
Y Hensley Y Herbert Y Holcomb
Holmes Y Hooks Y Hudson Ylsakson
Jackson,J Jackson.W Y Jamieson Y Johnson,D
Y Johnson,R Kilgore
N Kingston YLane.D YLane,R Y Langford

Y Lawler Y Lawrence
Lawson Lee Linder Long Lord Lucas Lupton Mangum Martin Y McDonald Y McKelvey McKinney Y Milam Milford Y Mobley Y Moody Y Moore Morton Mostiler Y Moultrie Y Mueller

Y Oliver Y Orrock Y Padgett N Pannell Y Parham Y Parrish Y Patten
Peters Y Pettit
Phillips Pinkston Pittman Porter Y Powell Y Prichard Rainey Y Ramsey.T
Y Ramsey.V Y Randall Y Ransom YRay
Reaves N Redding

On the motion, the ayes were 98, nays 8. The motion prevailed.

Y Richardson Y Ricketaon Y Robinson.C
Robinson,P Royal
N Selman Y Shepard
Sherrod
Y Simpson Sinkfield Sizemore
Y Smith.L Y Smith.P Y Smith,T Y Smith,W
Smyre YSnow Y Stancil Y Stanley
Y Steinberg Y Stephens
Thomas.C N Thomas.M

Y Thompson Y Thurmond
Townsend Y Triplett Y Twiggs Y Waddle
Y Waldrep Walker.C Walker.L
YWall Ware Watson
Y Watts
White Y Wilder
Williams.B Williams,J Wilson Wood Workman Y Yeargin
Young Murphy.Spkr

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 court proceedings, so as to grant juvenile courts jurisdiction over proceedings concerning notice to a parent or guardian relative to an unemancipated minor's decision to seek an abortion; to provide for a short title; to provide for definitions; to provide for affidavits from an unemancipated minor and accompanying adult relative to parental noti fication of an unemancipated minor's decision to seek an abortion; to provide requirements of such affidavits; to provide procedures for obtaining a waiver from the juvenile court of the requirement for prior parental notification; to provide for venue; to provide for notice to the unemancipated minor or next friend; to provide for waiver of notice under certain conditions; to provide for appellate review; to provide for applicability; to provide for exceptions based upon medical emergency; to provide that the physician performing the abortion as a medical emergency shall certify in writing the medical indications on which he based his judgment; to provide for civil and criminal immunities; to provide for pen alties; 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 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, is amended by striking "or" immediately following subparagraph (a)(2)(B) of Code Section 15-11-5, relating to jurisdiction of the juvenile court, by striking the period and inserting in its place "; or" immediately 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 Article 3 of this chapter, relating to prior notice to a parent or guardian relative to an unemancipated minor's decision to seek an abortion."
Section 2. Said chapter is further amended by adding at the end thereof a new arti cle, to be designated Article 3, to read as follows:
"ARTICLE 3
15-11-110. This article shall be known and may be cited as the 'Parental Notification Act.'

THURSDAY, MARCH 5, 1987

1875

15-11-111. As used in this article, the term: (1) 'Abortion' means the intentional termination of human pregnancy with an
intention other than to produce a live birth or to remove a dead fetus. (2) 'Unemancipated minor' means any person under the age of 18 who is not or
has not been married or who is under the care, custody, and control of such person's parent or parents, guardian, or the juvenile court of competent jurisdiction. 15-11-112. (a) No physician or other person shall perform an abortion upon an Unemancipated minor under the age of 18 years unless:
(1) The minor seeking an abortion is accompanied by a parent or guardian; or (2) Both the minor seeking an abortion and an accompanying adult furnish the physician or other person intending to perform an abortion upon such minor an affi davit signed by both such minor and accompanying adult to the effect that a parent or, if the minor is subject to guardianship, the legal guardian of such minor has been notified of the intent of the minor to seek an abortion. (b) If the Unemancipated minor elects not to comply with the notification require ment of paragraph (2) of subsection (a) of this Code section, such minor 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 abortion is to be performed for a waiver of such requirement pursuant to the procedures provided for in Code Section 15-11-114. Venue shall be lawful in either such county, notwithstanding Code Section 15-11-15. 15-11-113. Notwithstanding Code Sections 15-11-24 through 15-11-26, the unemancipated minor or next friend shall be notified of the date, time, and place of the hearing in such proceedings at the time of filing the petition. The hearing shall be held within three days of the date of filing, excluding Saturdays, Sundays, and holidays. The parents or guardian of the Unemancipated minor shall not be served with the petition or with a summons or otherwise notified of the proceeding. 15-11-114. (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 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) The notification requirement of paragraph (2) of subsection (a) of Code Section 15-11-112 shall be waived if the court finds either: (1) That the Unemancipated minor has a reasonable knowledge and understanding of her pregnancy and the nature of an abortion; or
(2) That the notice to a parent or, if the minor is subject to guardianship, the legal guardian pursuant to Code Section 15-11-112 would not be in the best interests of the 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 requested to issue promptly such rules as are necessary to pre serve 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 proce dures provided by this Code section.
15-11-115. The requirements and procedures of this article shall apply to all Unemancipated minors within this state whether or not such persons are residents of this state.
15-11-116. This article shall not apply when, in the best clinical judgment of the attending physician on the facts of the case before him, a medical emergency exists that

1876

JOURNAL OF THE HOUSE,

so complicates the condition of the minor as to require an immediate abortion. A person who performs an abortion as a medical emergency under the provisions of this Code section shall certify in writing the medical indications on which this judgment was based when filing such reports as are required by law.
15-11-117. Any physician or any person employed or connected with a physician, hospital, or health care facility performing abortions who acts in good faith shall be justified in relying on the representations of the unemancipated minor or of any accom panying adult purporting to give an affidavit required under this article, including but not limited to, his or her identity, age, marital status, emancipation, and relationship to any person for whom an affidavit is purportedly given. No physician or other person who furnishes professional services related to an act authorized or required by this arti cle and who relies upon the affidavit required and furnished pursuant to this article shall be held to have violated any criminal law or to be civilly liable for such reliance, provided that the physician or other person acted in good faith.
15-11-118. Any person who violates the provisions of this article shall be guilty of a misdemeanor."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Smith of the 152nd moves to amend the House Committee on Judiciary substitute to SB 229 by adding following "section" on line 11 of page 3 the following:
"or if the parent, legal guardian, or person standing in loco parentis of such minor cannot be located".

Representative Smith of the 152nd moves to amend the House Committee substitute to SB 229 by striking from lines 10 through 12 of page 4 the following:
"That the unemancipated minor has a reasonable knowledge and understanding of her pregnancy and the nature of an abortion",
and inserting in its place the following:
"That the unemancipated minor is mature and well-informed enough to make intelli gently the abortion decision on her own".

Representative Smith of the 152nd moves to amend the House Committee on Judiciary substitute to SB 229 by inserting between "definitions;" and "to" on line 7 of page 1 the following:
"to provide for certain affidavits from a parent or guardian accompanying a minor seeking an abortion;".
By inserting between "guardian" and "; or" on line 31 of page 2 the following:
"and such parent or guardian shall furnish an affidavit signed by such parent or guardian and such minor attesting that such parent or guardian is the lawful parent or guardian of such minor".

The following amendment was read:

Representative Workman of the 51st moves to amend the Committee substitute to SB 229 by striking on line 22 of page 2 and on line 29 of page 2 the figure "18" and inserting in lieu thereof the figure "17".

THURSDAY, MARCH 5, 1987

1877

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

N Aaron N Adams.G N Adams.M
N Aiken N Alford
N Alien N Athon N Atkins
N Bailey N Balkcom N Bannister N Bargeron
N Barnett.B N Barnett,M YBeck N Benefield YBenn Y Birdsong Y Bishop N Bostick N Branch NBray N Brooks
Brown NBuck N Buford NByrd N Carrell N Carter Y Chambless N Chance N Cheeks N Childers Y Childs N Clark,B N Clark,L

N Colbert
Coleman N Colwell
N Connell N Cooper
Y Couch NCox N Crawford
N Crosby N Cummings N Davis.G N Davis.M N Dixon
Dobbs N Dover YDunn N Edwards N Felton
N Floyd N Foster
N Galer N Godbee N Goodwin
Green N Greene NGreer N Gresham N Griffin Y Groover N Hamilton N Manner N Harris N Hasty NHays N Heard N Hensley

Y Herbert N Holcomb Y Holmes Y Hooks N Hudson
NIsakson N JacksonJ N Jackson,W N Jamieson Y Johnson.D N Johnson.R N Kilgore N Kingston NLane.D NLane,R YLangford N Lawler
N Lawrence N Lawson NLee N Under
NLong NLord
Lucas Y Lupton N Mangum Y Martin N McDonald N McKelvey
McKinney
NMilam Milford
N Mobley
N Moody N Moore N Morton

Mostiler
N Moultrie N Mueller N Oliver
Y Orrock N Padgett Y Pannell NParham N Parrish N Patten
N Peters N Pettit
Phillips N Pinkston NPittman
Porter N Powell N Prichard
Rainey Y Ramsey.T N Ramsey.V YRandall
N Ransom NRay N Reaves
Y Redding N Richardson N Ricketson Y Robinson.C
Robinson.P
N Royal YSelman N Shepard
N Sherrod N Simpson
Y Sinkfield

On the adoption of the amendment, the ayes were 33, nays 127. The amendment was lost.

Sizemore
N Smith.L N Smith,P N Smith.T Y Smith,W
Smyre
NSnow N Stancil
N Stanley Y Steinberg N Stephens N Thomas,C Y Thomas,M N Thompson Y Thunnond Y Townsend
N Triplett NTwiggs N Waddle N Waldrep
Walker.C Y Walker,L N Wall
Ware N Watson N Watts
White N Wilder N Williams.B
WiUiams,J Wilson YWood Y Workman N Yeargin
Y Young Murphy,Spkr

The following amendments were read and adopted:

Representative Alien of the 127th, et al, move to amend the Committee substitute to SB 229 by inserting on line 10 of page 1 between "affidavits;" and "to" the following:
"to provide for the signing of consent forms;". By inserting on line 30 of page 2 between "(1)" and "The" the following: "(A)".
By striking from line 1 of page 3 the following: "(2)",
and inserting in its place the following: "(B)".
By striking the period at the end of line 8 of page 3 and inserting in its place "; and". By inserting between line 8 and line 9 of page 3 the following: "(2) The minor signs a consent form stating that she consents, freely and without coercion, to the abortion."

1878

JOURNAL OF THE HOUSE,

By striking from lines 10 and 11 of page 3 and from lines 7 and 8 of page 4 the follow ing:
"paragraph (2) of subsection (a)",
and inserting in its place the following:
"subparagraph (a)(l)(B)".
Representatives Walker of the 115th and Thompson of the 20th move to amend the House Committee on Judiciary substitute to SB 229 by adding between lines 8 and 9 on page 3 the following:
"(b) If the minor has no parent or legal guardian, the minor and the accompanying adult shall furnish the physician with an affidavit signed by both the minor and the accompanying adult attesting to the fact that the minor does not have a parent or a legal guardian and that the person standing in loco parentis to the minor has been noti fied of the intent of the minor to seek an abortion."
By striking the designation "(b)" on line 9 of page 3 and substituting in lieu thereof the designation "(c)".

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

N Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey YBalkcom Y Bannister Y Bargeron
Y Barnett,B Y Barnett,M NBeck Y Benefleld NBenn N Birdsong
N Bishop Y Bostick Y Branch YBray Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter N Chambless Y Chance Y Cheeks Y Childers N Quids Y Clark,B Y Clark,L

Y Colbert Y Coleman Y Colwell Y Connell Y Cooper N Couch YCox Y Crawford
Y Crosby Y Cummings
N Davi8,G Y Davis.M Y Dixon
Dobbs Y Dover YDunn Y Edwards Y Felton Y Floyd
Y Foster N Galer YGodbee Y Goodwin
Green Y Greene Y Greer Y Gresham
Y Griffin N Groover N Hamilton Y Manner
Y Harris Y Hasty YHays Y Heard Y Hensley

N Herbert Y Holcomb
N Holmes Y Hooks
Y Hudson Y Isakson Y Jackson.J Y Jackson,W Y Jamieson N Johnson,D Y Johnson,R Y Kilgore Y Kingston Y Lane,D N Lane.R N Langford Y Lawler Y Lawrence
Y Lawson YLee Y Under YLong YLord Y Lucas N Lupton Y Mangum N Martin Y McDonald Y McKelvey
McKinney YMilam
Milford Y Mobley
Y Moody Y Moore Y Morion

Mostiler Y Moultrie Y Mueller
Y Oliver N Orrock Y Padgett N Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Y Pinkston
Y Pittman Porter
Y Powell Y Prichard
Rainey N Ramsey.T Y Ramsey.V Y Randall Y Ransom
YRay Y Reaves N Redding N Richardson Y Ricketson Y Robinson.C
Y Robinson.P Y Royal
Selman Y Shepard
Y Sherrod Y Simpson N Sinkfield

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

On the adoption of the Committee substitute, as amended, the ayes were 133, nays
33.
The Committee substitute, as amended, was adopted.

The following substitute, offered by Representative Groover of the 99th, et al, was read and ruled out of order:

THURSDAY, MARCH 5, 1987

1879

A BILL
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to grant juvenile courts jurisdiction over any proceed ings concerning an unemancipated minor's decision to seek an abortion; to provide for a short title; to provide for definitions; to provide for mandatory counseling of all women seeking abortions; to provide for exceptions; to provide for the informed consent of the pregnant woman to the abortion; to provide for the certification of counseling; to provide for consent forms; to provide for lists of available services; to provide for publication and distribution of informational booklets on abortion; to provide for disposition of consent forms; to provide for confidentiality; to provide for rules and regulations; to provide for authority; to provide for penalties; to provide for annual reports by the Council of Juvenile Court Judges and the Department of Human Resources; 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 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, is amended by striking 'or' immediately following subparagraph (a)(2)(B) of Code Section 15-11-5, relating to jurisdiction of the juvenile court, by striking the period and inserting in its place '; or' immediately 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) Any questions concerning the compliance of an unemancipated minor with the requirements of Article 3 of this chapter, relative to an unemancipated minor's decision to seek an abortion."
Section 2. Said chapter is further amended by adding at the end thereof a new arti cle, to be designated Article 3, to read as follows:
"ARTICLE 3
15-11-110. This article shall be known and may be cited as the 'Abortion Counseling Act.'
15-11-111. As used in this article, the term: (1) 'Abortion' means the intentional termination of human pregnancy with an
intention other than to produce a live birth or to remove a dead fetus. (2) 'Department' means the Department of Human Resources.
15-11-112. (a) Every physician, hospital, or health care facility which performs abortions in this state shall provide counseling to each and every pregnant woman seeking an abortion in such hospital or facility. The counseling shall include but not be limited to the following information:
(1) Whether or not, according to the best judgment of the attending physician, the woman is pregnant;
(2) The number of weeks that have elapsed from the probable time of conception, based upon the information provided by the woman and a complete medical history, physical examination, and the appropriate laboratory tests;
(3) The physical risks associated with the woman's pregnancy, including risks asso ciated with carrying the pregnancy to term and risks associated with the abortion technique to be employed and a general description of the medical instructions it is recommended that she follow subsequent to the abortion to ensure her safe recovery;
(4) The availability of public and private agencies and services to provide the woman with birth control information;
(5) The availability of public and private agencies and services to assist the woman during pregnancy and after the birth of her child if she should choose not to have an abortion;
(6) If the woman is an unemanicipated minor and is not accompanied by her parent or guardian, encouragement by the person counseling her on behalf of the hospital or health care facility to notify her parent or guardian of her pregnancy, her

1880

JOURNAL OF THE HOUSE,

contemplation of an abortion, or the fact of the performance of an abortion; provided, however, that this provision shall not be construed to require any delay or waiting period before such minor may obtain an abortion; and
(7) If the woman is an unemancipated minor, the availability of services provided by the department to assist an unemancipated minor contemplating an abortion who wishes to notify a parent or guardian of her pregnancy or of the contemplated abor tion. (b) The physician or other person specified in subsection (a) of Code Section 15-11-113 who counsels the pregnant woman seeking an abortion shall provide the woman with the following written information:
(1) A list of public and private agencies and services that are available to provide the woman with birth control information; and
(2) A list of public and private agencies that are available to assist the woman during pregnancy and after the birth of her child, including adoption agencies and services.
(c) Subsections (a) and (b) of this Code section shall not require a physician or other person to provide the information specified in subsections (a) and (b) to a woman seeking an abortion if, in the discretion of the physician or other person, such informa tion is not relevant to the needs of the woman or if the physician determines that the responsibility of presenting such information intrudes upon the discretion of the physi cian in treating the woman.
(d) The department shall develop and maintain the lists of agencies and services required under subsection (b) of this Code section and shall distribute such lists to all physicians, hospitals, and other health care facilities performing abortions in this state. The lists shall be updated and redistributed at such times as the department shall deem necessary.
(e) When funds are specifically appropriated for such purpose, the department shall, after consultation with the Composite State Board of Medical Examiners and the Coun cil of Juvenile Court Judges of this state, publish an informational booklet on abortions and alternatives to the termination of a pregnancy. The booklet shall contain a summary of the latest information on various abortion procedures and, in brief form, shall discuss the generally accepted and widely prevailing medical and surgical procedures. The booklet shall include a valid assessment of the relative risks and benefits of the accepted and widely prevailing procedures. Copies of the booklet shall be made available by the department to every physician, hospital, or health care facility which performs abortions in this state. A letter from the department shall accompany this booklet stating that the department urges the physician, hospital, or health care facility to distribute a copy of the booklet to each and every patient presenting herself for an abortion or pregnancy counseling. Copies shall also be available to any person upon request at a fee prescribed by the commissioner sufficient to cover the cost of printing and distribution. Copies shall also be made available from the juvenile courts of this state to any unemancipated minor. The booklet shall be updated and redistributed at such times as the department shall deem necessary.
15-11-113. (a) Unless the information prescribed in subsections (a) and (b) of Code Section 15-11-112 is not provided to the woman as allowed by the provisions of subsec tion (c) of Code Section 15-11-112, each pregnant woman seeking an abortion shall, prior to the performance of the abortion, sign a consent form acknowledging that she has been counseled as to the information specified in subsections (a) and (b) of Code Section 15-11-112 and stating that she consents, freely and without coercion, to the abortion. The consent form shall also be signed by a licensed physician, psychologist, or social worker or by a trained counselor that such person has advised and counseled the preg nant woman regarding the information provided for in subsections (a) and (b) of Code Section 15-11-112.
(b) The department shall prescribe, furnish, and distribute the consent form required in subsection (a) of this Code section. Such consent form shall contain the information provided for in subsections (a) and (b) of Code Section 15-11-112. It is expressly provided that the privacy of the woman seeking an abortion shall be protected

THURSDAY, MARCH 5, 1987

1881

and preserved and, to that end, the consent form shall be designed so that the copy of the consent form which is to be filed with the department pursuant to paragraph (2) of this subsection shall not reflect the patient's name or her signature but shall carry the same facility number or other identifying number of the patient, other than the patient's social security number, reflected on the patient's medical records. The depart ment shall provide for all consent forms to be completed in triplicate and distributed as follows:
(1) One copy to be filed with the department; (2) One copy to be retained by the physician, hospital, or health care facility per forming the abortion; and (3) One copy to be given to the woman seeking the abortion. (c) The identity of a woman seeking an abortion and the personal medical informa tion contained in the consent form signed by the woman shall be absolutely privileged and shall not be disclosed except upon written authorization of the patient or an order of a court of competent jurisdiction. (d) If a woman who obtains an abortion in this state is not required to sign the con sent form pursuant to the provisions of subsection (c) of Code Section 15-11-112 and subsection (a) of this Code section, the attending physician or other person shall sign a statement that the physician or other person is familiar with the counseling require ments of Code Section 15-11-112 and has determined that such counseling is not rele vant to the needs of that particular woman or the attending physician has determined that the burden of providing such counseling unduly intrudes upon the discretion of the physician in treating such woman. The physician or other person shall file one copy of such statement with the department and shall retain one copy. The identity of the woman obtaining the abortion shall be privileged and shall not be disclosed in such statement. 15-11-114. The department shall promulgate rules and regulations for the enforce ment of this article and shall be authorized and empowered to enter into or upon the premises of any physician, hospital, or health care facility which performs abortions for the purpose of inspecting same to determine whether the hospital or health facility is in compliance with this article. 15-11-115. Except as provided in subsection (c) of Code Section 15-11-112, any physician or any person employed or connected with a physician, hospital, or health care facility performing abortions who intentionally fails or refuses to provide a woman seeking an abortion with the information required in this article shall be guilty of a mis demeanor. 15-11-116. The department shall annually compile, publish, and present to the Gen eral Assembly a report of: (1) The total number of abortions performed in the most recent 12 month report ing period; (2) The number of abortions performed during such reporting period:
(A) On women age 18 or older; (B) On emancipated minors, with a statistical breakdown provided for each age category within such group of women; and (C) On unemancipated minors, with a statistical breakdown provided for each age category within such group of women; and (3) The number of abortions performed for which physicians filed statements of exemption from counseling requirements as provided for in subsection (d) of Code Section 15-11-113 with the same statistical breakdowns by age category as are required in paragraph (2) of this subsection."
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, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

1882

JOURNAL OF THE HOUSE,

N Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield N Benn N Birdsong N Bishop Y Bostick Y Branch YBray Y Brooks
Brown YBuck Y Bufoid YByrd Y Carrell Y Carter N Chambless Y Chance Y Cheeks Y Childers N Childs Y Clark,B Y Clark,L

Y Colbert Y Coleman Y Colwell Y Connell Y Cooper N Couch YCox Y Crawford Y Crosby Y Cummings N Davis.G Y Davis.M Y Dixon
Dobbs Y Dover YDunn
N Edwards Y Felton Y Floyd Y Foster N Galer YGodbee Y Goodwin
Green Y Greene Y Greer Y Gresham Y Griffin N Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard Y Hensley

N Herbert Y Holcomb N Holmes Y Hooks Y Hudson Y Isakson
Y Jackson,J Y Jackson.W Y Jamieson N Johnson.D Y Johnson,R Y Kilgore Y Kingston
Y Lane,D Y Lane,R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Under
YLong YLord Y Lucas N Lupton
Y Mangum N Martin Y McDonald Y McKelvey
McKinney Y Milam
Milford
Y Mobley Y Moody Y Moore Y Morton

Mostiler Y Moultrie Y Mueller Y Oliver N Orrock
Y Padgett N Pannell Y Parham Y Parrish
Y Patten Y Peters
Y Pettit Phillips
Y Pinkston Y Pittman
Porter Y Powell Y Prichard
Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves N Redding N Richardson Y Ricketson Y Robinson.C Y Robinson.P
Y Royal Selman
Y Shepard Y Sherrod Y Simpson N Sinkfield

Y Sizemore Y Smith,L Y Smith,P Y Smith.T Y Smith,W
Y Smyre YSnow Y Stancil Y Stanley N Steinberg Y Stephens Y Thomas,C N Thomas.M Y Thompson N Thurmond N Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep N Walker.C Y Walker,L
Y Wall N Ware Y Watson
Y Watts Y White Y Wilder Y Williams.B
Williams,J Wilson Y Wood Y Workman Y Yeargin N Young Murphy tSpkr

On the passage of the Bill, by substitute, as amended, the ayes were 139, nays 28.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

SB 173. By Senator Mine of the 52nd:
A bill to amend Code Section 40-5-53 of the Official Code of Georgia Anno tated, relating to transmission by courts to the Department of Public Safety of suspended drivers' licenses and reports of traffic convictions.

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

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey
Balkcom Y Bannister N Bargeron
Barnett,B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong
Bishop

Y Bostick Y Branch YBray Y Brooks
Brown
Buck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childere
Childs
Y Clark.B Y Clark,L Y Colbert Y Coleman

Y Colwell Y Connell
Y Cooper Y Couch YCox Y Crawford Y Crosby
Y Cummings Y Davis.G Y Davis.M
Y Dixon Dobbs
Y Dover Dunn
Y Edwards Y Felton Y Floyd Y Foster
Galer

YGodbee
Y Goodwin Green
Y Greene Y Greer Y Gresham Y Griffin
Groover Y Hamilton
Y Hanner Y Harris
Y Hasty YHays Y Heard Y Hensley Y Herbert
Y Holcomb Y Holmes Y Hooks

Hudson
Y Isakson Y Jackson,J
Y Jackson.W Jamieson
Y Johnson.D
Y Johnson.R Y Kilgore Y Kingston
YLane,D Y Lane.R Y Langford
Lawler Y Lawrence
Lawson
YLee Y Linder YLong YLord

THURSDAY, MARCH 5, 1987

1883

Y Lucas Y Lupton Y Mangum
Martin Y McDonald Y McKelvey
McKinney
YMilam Milford
Y Mobley Y Moody Y Moore Y Mortpn
Mostiler Y Moultrie Y Mueller
Y Oliver

Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Pinkston Y Pittman Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V

Randall Y Ransom YRay Y Reaves Y Redding
Richardson Y Ricketson Y Robinson.C
Robinson.P Y Royal
Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L

Y Smith,P Y Smith.T Y Smith,W
Smyre YSnow Y Stancil Y Stanley
Stein berg Y Stephens
Thomas.C Y Thomas,M Y Thompson
Y Thurmond Y Townsend Y Triplett
Y Twiggs Y Waddle

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

On the passage of the Bill, the ayes were 141, nays 1. The Bill, having received the requisite constitutional majority, was passed.

The Speaker Pro Tem assumed the Chair.

SB 156. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Anno tated, relating to ethics in government, so as to provide that certain provi sions relating to campaign committees, acceptance of contributions, making of expenditures, filing of certain disclosure reports, and disposition of certain funds in relation to the recall of certain public officers shall apply to bring ing about such recall or to opposing such recall.

The following Committee substitute was read:

A BILL
To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, as enacted by an Act approved April 3, 1986 (Ga. L. 1986, p. 957), relating to ethics in government, so as to provide that certain provisions relating to campaign committees, acceptance of contributions, making of expenditures, filing of certain disclosure reports, and disposition of certain funds in relation to the recall of certain public officers shall apply to bringing about such recall or to opposing such recall; to change certain definitions relating to ethics in government; to change certain provisions relating to the disposition of certain contribu tions; to provide for the utilization and disposition of certain funds to bring about the recall of a public officer or to oppose the recall of a public officer or to bring about the approval or rejection by the voters of any proposed constitutional amendment, a state-wide referendum, or certain local questions; to provide for utilization and disposition of certain contributions to certain public officers who leave office with excess contributions; to pro vide for utilization and disposition of excess contributions to certain unsuccessful candi dates for public office; 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 5 of Title 21 of the Official Code of Georgia Annotated, as enacted by an Act approved April 3, 1986 (Ga. L. 1986, p. 957), relating to ethics in government, is amended by striking paragraphs (2), (6), and (9) of Code Section 21-5-3, relating to definitions regarding ethics in government, and inserting in their place new paragraphs (2), (6), and (9) to read as follows:
"(2) 'Campaign committee' means the candidate, person, or committee which accepts contributions or makes expenditures designed to bring about the nomination or election

1884

JOURNAL OF THE HOUSE,

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 holding elective office or to oppose the recall of a public officer holding elective office or any person or committee which accepts con tributions 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 con tributions 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."
"(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 pur pose of influencing the nomination for election or election of any person for office, bringing about the recall of a public official officer holding elective office or opposing the recall of a public officer holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a pro posed 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."
"(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, bringing about the recall of a public official officer holding elective office or opposing the recall of a public officer 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 pay ment of a qualifying fee for and in behalf of a candidate."
Section 2. Said chapter is further amended by striking subsection (a) of Code Section 21-5-30, relating to certain contributions made to a candidate or campaign committee or for the recall of a public officer, and inserting in its place a new subsection (a) to read as follows:
"(a) No contributions to bring about the nomination or election of a candidate for any office shall be made except directly to a candidate or such candidate's campaign committee which is organized for the purpose of bringing about the nomination or elec tion of any such candidate; and no contributions to bring about the recall of a public officer or to oppose the recall of a public officer or to bring about the approval or rejec tion 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 cam paign committee organized for that purpose."
Section 3. Said chapter is further amended by striking Code Section 21-5-33, relat ing to disposition of contributions, and inserting in its place a new Code Section 21-5-33 to read as follows:
"21-5-33. (a) Contributions received by to a candidate, er a campaign committee, or a public officer holding elective office and any proceeds from investing such contribu tions shall be utilized only to defray ordinary and necessary expenses, which may include any loan of money from a candidate or public officer holding elective office to the candidate's campaign committee of such candidate or such public officer, incurred in connection with the such candidate's campaign for elective office or a such public officer's fulfillment or retention of such office.

THURSDAY, MARCH 5, 1987

1886

(b) (1) All contributions received by a candidate or such candidate's campaign committee or a public officer holding elective office in excess of those necessary to defray expenses pursuant to subsection (a) of this Code section and as determined by the such candidate or such 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 additionally 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 such candidate or such public officer shall convert contributions to the personal use or benefit of the such candidate or such public officer unless the such candidate or such public officer shall have:
(I) Written to every contributor to the most recent campaign to notify the contributor that the such candidate or such public officer intends to convert contributions to the personal use of the such candidate or such 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 in lieu of having the contributions converted to the personal use of the such candidate or such 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 such candidate or such 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 holding elective office 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 offi cer holding elective office.
(2) Any candidate or public officer holding elective office may provide in the will of the such candidate or such public officer that the contributions shall be spent in any of the authorized manners upon the death of the such candidate or such public officer; and, in the absence of any such direction in the probated will of the such candidate or such public officer, the contributions shall be paid to the treasury of the state party with which the such candidate or such public officer was affiliated in such candidate's or such public officer's last election or elective office. Notwithstanding any other provisions of this paragraph, the personal representative or executor of the estate shall be allowed to use or pay out funds in the campaign account in any man ner authorized in subparagraphs (A) through (F) of paragraph (1) of this subsection.
(c) Contributions shall not constitute personal assets of the such candidate or such public officer unless and until such contributions are converted to the personal use of th such candidate or such public officer as provided in subparagraph (b)(l)(F) of this Code section.
(d) (1) Contributions received by a campaign committee designed to bring about the recall of a public officer holding elective office or to oppose the recall of a public officer holding elective office or any person or to bring about the approval or rejection by the voters of any proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal elec tion and any proceeds derived from investing such contributions shall be utilized only to defray ordinary and necessary expenses associated with influencing the voters on
such issue. (2) All contributions received by. a campaign committee as provided in paragraph
(1) of this subsection in excess of those necessary to defray expenses relative to the

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JOURNAL OF THE HOUSE,

influencing of voters on such issue as determined by the campaign committee may only be used as follows:
(A) Contributions to any charitable organization described in 26 U.S.C. 170(c) as such federal statute exists on March lj 1986, and which additionally shall include educational, eleemosynary, and nonprofit organizations; or
(B) For repayment on a pro rata basis to persons making such contributions."
Section 4. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 21-5-34, relating to certain disclosure reports, and inserting in its place a new paragraph (1) to read as follows:
"(1) The candidate or the chairman or treasurer of each campaign committee organ ized 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 commit tee designed to bring about the recall of a public officer or to oppose 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 commis sion the required campaign 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 residence."
Section 5. Said chapter is further amended by adding a new subsection at the end of Code Section 21-5-34, relating to certain disclosure reports, to be designated subsection (i), to read as follows:
"(i) (1) Any person elected to a public office who is required to file campaign con tribution disclosure reports pursuant to this article shall, upon leaving public office with excess contributions, be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) of Code Section 21-5-33.
(2) Any person who is an unsuccessful candidate in an election and who is required to file campaign contribution disclosure reports pursuant to this article shall, upon having excess contributions from such campaign, be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) of Code Section 21-5-33. Any unsuccessful candidate in an election who is required to file campaign contribution disclosure reports pursuant to this arti cle and who receives contributions following such election to retire debts incurred in such campaign for elective office shall be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such unpaid expenditures from such campaign are satisfied."
Section 6. This Act shall become effective March 1, 1987.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representatives Holmes of the 28th and Bray of the 91st move to amend the Commit tee substitute to SB 156 as follows:
Delete on lines 1 and 2 on page 10 the date "March 1, 1987" and substitute the words "upon signature of the Governor.".

Representative Bray of the 91st moves to amend the Committee substitute to SB 156 as follows:
By striking on line 26 of page 8 the word "commission" and substituting therefor the words "Secretary of State".

THURSDAY, MARCH 5, 1987

1887

The Committee substitute, as amended, was adopted.

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

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins
Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M
Beck Y Benefield YBenn
Birdsong
Bishop Y Bostick Y Branch YBray Y Brooks
Brown Buck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Cheeks Y Childers Y Childs Y Clark,B Y Clark.L

Y Colbert Coleman
Y Colwell Cornell
Y Cooper Y Couch YCox
Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis,M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin
Green Y Greene
Greer
Y Gresham Y Griffin Y Groover
Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson
Y Jackson ,J Y Jackson, W Y Jamieson Y Johnson.D Y Johnson.R
Y Kilgore Y Kingston
Lane,D Y Lane.R
Langford Y Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum
Martin Y McDonald
McKelvey McKinney Milam Milford
Y Mobley Y Moody Y Moore
YMorton

Mostiler Y Moultrie Y Mueller Y Oliver
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Peters Y Pettit
Phillips Pinkston Y Pittman Porter Y Powell Y Prichard Rainey Ramsey.T Y Ramsey.V Randall Y Ransom
YRay Y Reaves
Redding
Richardson Y Ricketson Y Robinson.C
Robinson,P Y Royal
Selman Shepard Y Sherrod Y Simpson Sinkfield

Y Sizemore Y Smith.L
Y Smith,P Smith.T
Y Smith,W
YSmyre
YSnow Y Stancil
Y Stanley Steinberg
Y Stephens Thomas,C
Y Thomas.M
Y Thompson Thurmond
Y Townsend Y Triplet! YTwiggs Y Waddle Y Waldrep
Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts
Y White Wilder
Y Williams.B Williams.J Wilson
Y Wood Y Workman
Y Yeargin Young Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 134, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Watson of the 114th moved that the following Bill of the House be withdrawn from the Committee on Motor Vehicles and referred to the Committee on Industry:

HB 967. By Representative Watson of the 114th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Anno tated, relating to motor carriers, so as to change the provisions relating to the employment compensation, and duties of enforcement personnel of the Public Service Commission with respect to the enforcement of laws, rules, and regulations relating to motor carriers; to authorize enforcement personnel to make arrests and to issue citations.
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:

1888

JOURNAL OF THE HOUSE,

SB 39. By Senator Timmons of the llth:
A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons, paroles, and other relief of persons convicted of crimes, so as to provide that costs of medical services may be included in the reimbursement paid by the State Board of Pardons and Paroles to counties for costs of incarceration of persons arrested pursuant to warrants 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 roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M
Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M
YBeck Y Benefield YBenn
Birdsong Bishop Y Bostick Y Branch NBray Y Brooks Brown YBuck Y Buford
Byid Y Carrell Y Carter Y Chambless Y Chance
Cheeks N Childers Y Childs N Clark.B
Clark,L

Y Colbert Y Coleman Y Colwell
Connell Y Cooper Y Couch YCox Y Crawford
Crosby Y Cummings Y Davis.G Y Davis,M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards
Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin
Green Y Greene YGreer Y Gresham Y Griffin Y Groover Y Hamilton
Y Hanner Y Harris Y Hasty YHays Y Heard
Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks
Hudson
YIsakson Y Jackson ,J Y Jackson, W
Jamieson Y Johnson,D Y Johnson,R
Y Kilgore Y Kingston Y Lane,D
YLane.R Langibrd
Y Lawler Y Lawrence Y Lawson
YLee Y Linder YLong
Lord Y Lucas Y Lupton Y Mangum Y Martin N McDonald Y McKelvey
McKinney Y Milam
Milford Y Mobley Y Moody Y Moore Y Morton

Mostiler Y Moultrie Y Mueller Y Oliver
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Pinkston Y Pittman Porter
Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom
Ray Y Reaves
Redding Richardson Y Ricketson Y Robinson.C Robinson,P Y Royal
Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Smith,L
Y Smith.P Y Smith.T Y Smith,W
YSmyre YSnow Y Stancil Y Stanley
Steinberg Y Stephens
Thomas.C Thomas,M Y Thompson Thurmond Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walker.C
Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J Wilson
YWood Y Workman Y Yeargin
Young Murphy,Spkr

On the passage of the Bill, the ayes were 136, nays 4. The Bill, having received the requisite constitutional majority, was

SB 198. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-3 of the Official Code of Georgia Anno tated, relating to oath and commissions of magistrates, constables, and clerks of magistrate courts, and Article 2 of Chapter 3 of Title 45 of the Official Code of Georgia Annotated, relating to commissions of public officers, so as to provide that commissions of officers of the magistrate courts shall be under the seal of the Governor and shall be issued by the office of the Secre tary of State.

The following Committee substitute was read and withdrawn:

THURSDAY, MARCH 5, 1987

1889

A BILL
To amend Code Section 15-10-3 of the Official Code of Georgia Annotated, relating to oath and commissions of magistrates, constables, and clerks of magistrate courts, and Article 2 of Chapter 3 of Title 45 of the Official Code of Georgia Annotated, relating to commissions of officers, so as to change certain provisions relating to the commissions of chief magistrates, magistrates, constables, and clerks of the magistrate courts; to provide that commissions of certain officers of the magistrate courts shall be under the seal of the Governor and shall be issued by the office of the Secretary of State; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-10-3 of the Official Code of Georgia Annotated, relating to oath and commissions of magistrates, constables, and clerks of magistrate courts, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows:
"(b) (1) The In the case of constables, clerks, and magistrates other than the chief magistrates of the magistrate courts, the clerk of superior court shall make an entry of the oath on the minutes of the superior court and the chief judge of the superior court shall issue to the officer taking the oath a certificate which shall serve as the officer's commission.
(2) In the case of a chief magistrate, the chief judge of the superior court shall issue to the chief magistrate taking the oath a certificate of appointment. A copy of such certificate shall be forwarded to the office of the Secretary of State who shall issue to the chief magistrate a commission under the seal of the office of the Governor as provided for in Code Section 45-3-31."
Section 2. Article 2 of Chapter 3 of Title 45 of the Official Code of Georgia Anno tated, relating to commissions of public officers, is amended by striking Code Section 45-3-31, relating to officers commissioned under executive seal, and inserting in its place a new Code section to read as follows:
"45-3-31. The commissions of all other civil officers except officers ef magistrate eoarts 2 except constables, clerks, and magistrates other than the chief magistrates of magistrate courts, of the state or county shall be under the seal of the office of the Governor, signed by the Governor, and countersigned by one of his secretaries. All offi cers of the militia of the grade of lieutenant or higher shall have commissions under the seal of the office of the Governor."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Thomas of the 69th and Lawson of the 9th, was read and adopted:

A BILL
To amend Code Section 15-10-3 of the Official Code of Georgia Annotated, relating to oath and commissions of magistrates, constables, and clerks of magistrate courts, and Article 2 of Chapter 3 of Title 45 of the Official Code of Georgia Annotated, relating to commissions of officers, so as to change certain provisions relating to the commissions of chief magistrates, magistrates, constables, and clerks of the magistrate courts; to provide that commissions of certain officers of the magistrate courts shall be under the seal of the Governor and shall be issued by the office of the Secretary of State; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-10-3 of the Official Code of Georgia Annotated, relating to oath and commissions of magistrates, constables, and clerks of magistrate courts, is

1890

JOURNAL OF THE HOUSE,

amended by striking subsection (b) and inserting in its place a new subsection to read as follows:
"(b) (1) The clerk of superior court shall make an entry of the oath of each officer on the minutes of the superior court aftd .
(2) In the case of constables, clerks, and magistrates other than the chief magis trates of the magistrate courts, the chief judge of the superior court shall issue to the officer taking the oath a certificate which shall serve as the officer's commission.
(3) Chief magistrates shall be issued a commission under the seal of the office of the Governor as provided in Code Section 45-3-31. In the case of an appointed chief magistrate, the appointing authority shall issue to the chief magistrate taking the oath a certificate of appointment. A copy of such certificate shall be forwarded to the office of the Secretary of State."
Section 2. Article 2 of Chapter 3 of Title 45 of the Official Code of Georgia Anno tated, relating to commissions of public officers, is amended by striking Code Section 45-3-31, relating to officers commissioned under executive seal, and inserting in its place a new Code section to read as follows:
"45-3-31. The commissions of all other civil officers except officers ef magistrate eeerts i except constables, clerks, and magistrates other than the chief magistrates of magistrate courts, of the state or county shall be under the seal of the office of the Governor, signed by the Governor, and countersigned by one of his secretaries. All offi cers of the militia of the grade of lieutenant or higher shall have commissions under the seal of the office of the Governor."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Adams.G
Adams,M
Y Aiken Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M
YBeck Y Benefield YBenn Y Birdsong
Bishop Y Bostick Y Branch YBray Y Brooks
Brown YBuck Y Buford YByrd Y Carrell 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 Couch YCox Y Crawford
Crosby Y Cummings Y Davis.G
Y Davis.M Dixon
Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin
Green
Y Greene Y Greer
Y Gresham Y Griffin
Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert Y Holcomb Y Holmes
Y Hooks Hudson
Y Isakson Y Jackson.J Y Jackson.W
Jamieson Y Johnson,D Y Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam
Milford Y Mobley
Moody Y Moore YMorton

Mostiler Y Moultrie
Y Mueller Y Oliver
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Pinkston Y Pittman
Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom
YRay Y Reaves Y Redding
Richardson Y Ricketson Y Robinson.C
Robinson.P Y Royal
Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith,L Y Smith,P
Y Smith.T Y Smith,W
Y Smyre YSnow Y Stancil Y Stanley
Stein berg Y Stephens
Thomas.C Thomas,M Y Thompson Thurmond 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
Williams.J Wilson Y Wood Y Workman Yeargin Young Murphy,Spkr

THURSDAY, MARCH 5, 1987

1891

On the passage of the Bill, by substitute, the ayes were 142, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 159 Do Pass, by Substitute
Respectfully submitted, /s/ McDonald of the 12th
Chairman

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

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

SB 113 Do Pass, by Substitute SB 169 Do Pass, by Substitute SB 339 Do Pass, by Substitute

SB 77 Do Pass SR 144 Do Pass SB 140 Do Pass, by Substitute

Respectfully submitted,
/s/ Thomas of the 69th 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 follow ing recommendations:
SB 357 Do Pass SB 266 Do Pass, as Amended
Respectfully submitted, /s/ Jackson of the 9th
Chairman

Representative Walker of the 115th 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.

1892

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, March 6, 1987

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 Joe L. Hill, Pastor, Mount Salem Baptist Church, Gray, 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 Resolution of the House was introduced, read the first time and referred to the committee:

HR 412. By Representatives Robinson of the 58th, Watson of the 114th, Hamilton of the 124th, Branch of the 137th, Couch of the 40th and others:
A resolution creating the House Comprehensive Energy Resources Policy Committee.
Referred to the Committee on Rules.

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

HB 1138 HB 1139 HB 1140 HB 1141 HB 1142 HB 1143 HB 1144

HB 1145 HB 1146 HB 1147 HB 1148 HR 410 SB 165 SB 319

FRIDAY, MARCH 6, 1987

1893

Representative Bray of the 91st District, Chairman of the Committee on Govern mental Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Governmental 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 27 Do Pass, by Substitute
Respectfully submitted, /a/ Bray of the 91st
Chairman

Representative Groover of the 99th District, Vice-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 Senate and has instructed me to report the same back to the House with the following recommendation:
SR 109 Do Pass, as Amended
Respectfully submitted, /s/ Groover of the 99th
Vice-Chairman

Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1132 Do Pass HB 1135 Do Pass, by Substitute HB 1137 Do Pass, by Substitute SB 72 Do Pass SB 233 Do Pass SB 276 Do Pass

SB 279 Do Pass SB 280 Do Pass SB 308 Do Pass SB 353 Do Pass SB 384 Do Pass

Respectfully submitted, /s/ Adams of the 36th
Chairman

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

HOUSE RULES CALENDAR FRIDAY, MARCH 6, 1987
Mr. Speaker and Members of the House:
The House Committee on Rules has set the calendar for this thirty-seventh Legislative Day as enumerated below:

1894

JOURNAL OF THE HOUSE,

SB 31 Motor Vehicle Insurance: Coverage For Earnings: Retired Persons SB 113 Torts: Nonprofit Organizations: Qualified Immunity SB 121 Controlled Substance/Marijuana Abuse By Child: Reports SB 136 Hazardous Materials: Leakage: Immunity For Certain Assistance SB 169 Crim. Procedure: Certain Scientific Reports: Admissible Evidence SB 189 Law Enforcement Officers: Record Funds: Amend Provisions SB 218 Insurance Rates: Regulation SB 223 Probate Court: Location Of Judge's Office SB 239 Embalmer/Funeral Directors: Apprenticeships SB 287 Marriage License: Issuance In Any County SB 306 Insurance: Risk Retention/Purchasing Groups: Regulation SB 339 Cobb Judicial Circuit: Add Judge
SR 70 Joint Study Comm On Residential High School For The Arts: Create SR 144 Grand Jury Study Committee: Create
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /&/ Groover of the 99th
Vice-Chairman

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

HB 1132.

By Representative Heard of the 43rd:
A bill to repeal an Act creating the Peachtree City Water, Sewerage, and Recreation Authority; to create a new Peachtree City 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 1135. By Representatives Byrd of the 153rd and Moody of the 153rd:
A bill to provide for the election of members of the Board of Education of Toombs County.

The following Committee substitute was read and adopted:

A BILL
To provide for the election of members of the Board of Education of Toombs County; to provide that said board shall be composed of seven members; to provide for education districts; to provide for qualifications, initial and regular terms of office, officers, and compensation of members of the board of education; to provide a method for filling vacan cies; to provide for other matters relative thereto; to provide for specific repeal of a certain Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Board of Education of Toombs County shall be composed of seven members to be elected by a majority of the voters of the Toombs County School District as herein provided. For the purpose of electing the members of the Board of Education

FRIDAY, MARCH 6, 1987

1895

of Toombs County, the Toombs County School District is divided into six education dis tricts as follows:
EDUCATION DISTRICT 1 Beginning at a point where the northern boundary line of the city limits of the City of Lyons intersects the center line of U. S. Highway No. 1 (State Street), and run thence in a southerly direction along the center line of U. S. Highway No. 1 to a point where it intersects the center line of Roosevelt Street; thence in an easterly direction along the center line of Roosevelt Street to its intersection with the center line of Lanier Street; thence in a southerly direction along the center line of Lanier Street to its inter section with the center line of Toombs Avenue; thence in an easterly direction along the center line of Toombs Avenue to its intersection with the center line of Lexington Street; thence in a southerly direction along the center line of Lexington Street to its intersection with the center line of U. S. Highway No. 280; thence in a southeasterly direction along the center line of U. S. Highway No. 280 to its intersection with the center line of an unnamed public street in the City of Lyons said unnamed street inter secting the southern end of Madison Street at right angles; thence in an easterly direc tion along the center line of said unnamed public street to its intersection with the center line of an unnamed public street, said unnamed street running in a southerly direction at right angles to the first unnamed public street referred to above; thence in a southerly direction along the center line of said unnamed public street to its intersec tion with the center line of U. S. Highway No. 280; thence in a southeasterly direction along the center line of U. S. Highway No. 280 to its intersection with the southeastern boundary line of the city limits of the City of Lyons; thence in a northerly and westerly direction along the boundary line of the city limits of the City of Lyons to the point of beginning.
EDUCATION DISTRICT 2 Beginning at a point where the northern boundary line of the city limits of the City of Lyons intersects the center line of U. S. Highway No. 1 (State Street); and run thence in a southerly direction along the center line of U. S. Highway No. 1 to a point where it intersects the center line of Roosevelt Street; thence in an easterly direction along the center line of Roosevelt Street to its intersection with the center line of Lanier Street; thence in a southerly direction along the center line of Lanier Street to its inter section with the center line of Toombs Avenue; thence in an easterly direction along the center line of Toombs Avenue to its intersection with the center line of Lexington Street; thence in a southerly direction along the center line of Lexington Street to its intersection with the center line of U. S. Highway No. 280; thence in a southeasterly direction along the center line of U. S. Highway No. 280 to its intersection with the center line of an unnamed public street in the City of Lyons, said unnamed street inter secting the southern end of Madison Street at right angles; thence in an easterly direc tion along the center line of said unnamed public street to its intersection with the center line of an unnamed public street, said unnamed street running in a southerly direction at right angles to the first unnamed public street referred to above; thence in a southerly direction along the center line of said unnamed public street to its intersec tion with the center line of U. S. Highway No. 280, thence in a southeasterly direction along the center line of U. S. Highway No. 280 to its intersection with the southeastern boundary line of the city limits of the City of Lyons; thence in a southwesterly direction along the boundary line of the city limits of the City of Lyons to its intersection with the center line of County Road No. 337 (Center Road); thence in a northeasterly direc tion along the center line of County Road No. 337 (Center Road) to its intersection with the center line of U. S. Highway No. 280; thence westerly along the center line of U. S. Highway No. 280 to its intersection with the eastern boundary line of the city limits of the City of Lyons; thence in a northerly direction along the boundary line of the city limits of the City of Lyons to the point of beginning.
EDUCATION DISTRICT 3 Beginning at a point where the northern boundary line of Toombs County intersects the center line of U. S. Highway No. 1 and run thence easterly and southeasterly along

1896

JOURNAL OF THE HOUSE,

the boundary line of Toombs County to its intersection with the center line of the Seaboard Coastline Railroad; thence in a westerly direction along the center line of the Seaboard Coastline Railroad to its intersection with the eastern boundary line of the city limits of the City of Lyons; thence in a northerly, westerly, and southerly direction along the line of the city limits of the City of Lyons to its intersection with the center line of U. S. Highway No. 280; thence in a westerly direction along the center line of U. S. Highway No. 280 to its intersection with the eastern boundary line of the city limits of the City of Vidalia; thence in a northerly and westerly direction along the boundary line of the city limits of the City of Vidalia to its intersection with the western boundary line of Toombs County; thence northerly and easterly along the boundary line of Toombs County to the point of beginning.
EDUCATION DISTRICT 4 Beginning at a point where the southern boundary line of the city limits of the City of Lyons intersects the center line of U. S. Highway No. 1 and runs thence in a westerly direction along the boundary line of the city limits of the City of Lyons to its intersec tion with the center line of County Road No. 337 (Center Road); thence in a north easterly direction along the center line of County Road No. 337 (Center Road) to its intersection with the center line of U. S. Highway No. 280; thence in a westerly direc tion along the center line of U. S. Highway No. 280 to its intersection with the eastern boundary line of the city limits of the City of Vidalia; thence in a southerly and westerly direction along the boundary line of the city limits of the City of Vidalia to its intersec tion with the western boundary line of Toombs County; thence in a southerly direction along the western boundary line of Toombs County to its intersection with the center line of County Road No. 93; thence in an easterly direction along the center line of County Road No. 93 to its intersection with the center line of County Road No. 78; thence in a northerly direction along the center line of County Road No. 78 to its inter section with the center line of County Road No. 245; thence in an easterly direction along the center line of County Road No. 245 to its intersection with the center line of Georgia Highway No. 15; thence in a southerly direction along the center line of Georgia Highway No. 15 to its intersection with the center line of Georgia Highway No. 56; thence in a northeasterly direction along the center line of Georgia Highway No. 56 to its intersection with the center line of County Road No. 333; thence in a northerly direc tion along the center line of County Road No. 333 to its intersection with the center line of Georgia Highway No. 147; thence in a northerly direction along the center line of Georgia Highway No. 147 to its intersection with the southern boundary line of the city limits of the City of Lyons; thence in a westerly direction along the boundary line of the city limits of the City of Lyons to the point of beginning. This district shall also consist of all land located within the corporate boundaries of the City of Charles, Toombs County, Georgia.
EDUCATION DISTRICT 5 Beginning at a point where the center line of County Road No. 93 intersects the west ern boundary line of Toombs County, and run thence in an easterly direction along the center line of County Road No. 93 to its intersection with the center line of County Road No. 78; thence in a northerly direction along the center line of County Road No. 78 to its intersection with the center line of County Road No. 245; thence in an easterly direction along the center line of County Road No. 245 to its intersection with the center line of Georgia Highway No. 15; thence in a southerly direction along the center line of Georgia Highway No. 15 to its intersection with the center line of U.S. Highway No. 1; thence in a southerly direction along the center line of U.S. Highway No. 1 to its intersection with the southern boundary line of Toombs County which is the Altamaha River; thence in a westerly direction along the southern boundary line of Toombs County (the Altamaha River) to its intersection with the western boundary line of Toombs County; thence in a northerly direction along the western boundary line of Toombs County to the point of beginning.
EDUCATION DISTRICT 6 Beginning at a point where the center line of the Seaboard Coastline Railroad inter sects the eastern boundary line of Toombs County, which is Ohoopee River, and runs

FRIDAY, MARCH 6, 1987

1897

thence in a westerly direction along the center line of the Seaboard Coastline Railroad to its intersection with the eastern boundary line of the city limits of the City of Lyons; thence in a westerly and southerly direction along the boundary line of the city limits of the City of Lyons to its intersection with the center line of Georgia Highway No. 147; thence in a southeasterly direction along the center line of Georgia Highway No. 147 to its intersection with the center line of County Road No. 333; thence in a southerly direc tion along the center line of County Road No. 333 to its intersection with the center line of Georgia Highway No. 56; thence in a southwesterly direction along the center line of Georgia Highway No. 56 to its intersection with the center line of U.S. Highway No. 1; thence in a southerly direction along the center line of U.S. Highway No. 1 to its intersection with the southern boundary line of Toombs County which is the Altamaha River; thence in an easterly direction along the southern boundary line of Toombs County (the Altamaha River) to its intersection with the eastern boundary line of Toombs County; thence in a northerly direction along the eastern boundary line of Toombs County to the point of beginning.
Section 2. Any part of the Toombs County School District which is not included in any education district described herein shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 or any future such census for the State of Georgia.
Section 3. The within descriptions of education districts of the Toombs County School District are derived from the "General Highway Map, Toombs County, Georgia, Prepared by the Department of Transportation, Division of Planning and Programming, Planning Data Services," dated 1984, showing a last revision date of April 22, 1983, and bearing the numerical designation of 279/138, which map is incorporated herein for a more particular description of the education district boundaries herein set forth.
Section 4. Each education district shall have one member of the board of education who at the time of election and during his continuance in office shall be a bona fide resi dent of Toombs County and the education district from which elected and must also at the time of qualification for election have been a registered voter and elector of Toombs County and the education district for which he offers for election at least one year prior to qualification for election. Candidates seeking election shall be voted upon by the quali fied voters of the education district in which each resides.
Section 5. The seventh member of the board of education shall be the chairman and he shall at the time of election and during his continuance in office be a bona fide resident of Toombs County and the Toombs County School District and must also at the time of qualification for election have been a registered voter and elector of Toombs County and the Toombs County School District at least one year prior to qualification for election. The chairman shall be voted upon by the qualified voters of the Toombs County School District.
Section 6. The members of the board of education who are presently serving shall continue in office until their successors are duly elected and qualified as provided for herein. The members of the board from Education Districts 2, 4, and 6 shall, in 1988, be elected for a term of four years ending December 31, 1992. The chairman and members of the board from Education Districts 1, 3, and 5 shall, in 1990, be elected for a term of four years ending December 31, 1994. Future members of the board shall be elected for terms of four years beginning on the first day of January next following their election.
Section 7. In the event a vacancy in the membership of the board occurs for any reason other than the expiration of a term of office, and the unexpired term is six months or more, the vacancy shall be filled by special election. If such unexpired term shall be less than six months, then the vacancy shall be filled at the next general election. Special elections shall be called in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A.

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Section 8. The chairman shall be compensated at the rate of $300.00 per month and all other members shall be compensated at the rate of $200.00 per month.
Section 9. An Act relating to the Board of Education of Toombs County, approved April 17, 1973 (Ga. L. 1973, p. 3022), as amended by an Act approved March 21, 1984 (Ga. L. 1984, p. 4669) is repealed in its entirety.
Section 10. All laws and parts of law 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 1137.

By Representative Smith of the 152nd:
A bill to amend an Act creating the Board of Commissioners for Bacon County, so as to change the compensation of the members of the board of commissioners.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the Board of Commissioners for Bacon County, Georgia, approved April 2, 1963 (Ga. L. 1963, p. 2665), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3356), so as to change the compensation of the members of the board of commissioners; to allow the board to set the compensation the members shall receive, up to a fixed limit; to authorize reimbursement of travel and actual expenses of the chairman and members of the board; to authorize a per diem in addition to expenses; 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 Board of Commissioners for Bacon County, Georgia, approved April 2, 1963 (Ga. L. 1963, p. 2665), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3356), is amended by striking Section 5 of said Act and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. Compensation. The compensation of the chairman of the board shall be not less than $10,000.00 per annum, the exact amount to be determined by the Board of Commissioners of Bacon County, provided that, should a county manager be employed for Bacon County and the chairman's duties cease as a result thereof to be a full-time responsibility, the compensation of the chairman of the board shall be $3,600.00 per annum, to be paid in equal monthly installments out of the funds of Bacon County. The compensation of each of the other members of said board, other than the chairman, shall be not less than $1,200.00 nor more than $1,800.00 per annum, to be determined by the Board of Commissioners of Bacon County, to be paid in equal monthly installments out of the funds of Bacon County. In addition to the compensation provided for above, the board may provide each member an additional amount not to exceed $25.00 per meeting for each extra session or special meeting called in addition to regular meetings. The board may provide that the chairman and the other members of the board be reimbursed, at a rate not to exceed that provided for members of the General Assembly, for mileage to and from their homes to the county courthouse to attend regular and special meetings of the board and for any other travel in the general performance of their duties as a member of the board of commissioners. The chairman and the other members of the board shall be entitled to reimbursement from the county

FRIDAY, MARCH 6, 1987

1899

for actual expenses incurred by them while engaged in county business. In addition to travel and actual expenses, the board may at its discretion authorize a per diem allow ance, not to exceed in amount the per diem allowance provided for members of the Gen eral Assembly, to any board member when such board member is required to travel outside the county in the pursuance of county business."
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.

SB 72. By Senators Tolleson of the 32nd, Newbill of the 56th and Harrison of the 37th:
A bill to amend an Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended, particularly by an Act approved March 20, 1985 (Ga. L. 1985, p. 4072), so as to provide for the election of the mayor and all councilmen at the same elections; to pro vide for matters relative 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.

SB 233. By Senators Harrison of the 37th, Barnes of the 33rd, Tolleson of the 32nd and others:
A bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit; to provide an effective date.

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

SB 276. By Senator Barnes of the 33rd:
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; to provide for a change in the member ship of the Powder Springs Downtown Development Authority; to provide for the terms of the membership; to provide the authority for this Act.

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

1900

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 279. By Senators Tolleson of the 32nd, Harrison of the 37th, Newbill of the 56th and others:
A bill to amend an Act changing the compensation of the clerk of the supe rior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, as amended, so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was 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 280. By Senators Tolleson of the 32nd, Harrison of the 37th, Newbill of the 56th and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the solicitor, chief assistant solicitor, and the assistant solicitors; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was 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 308. By Senator Harrison of the 37th:
A bill to amend an Act creating a new charter for the City of Kennesaw, as amended, so as to change certain provisions relating to qualification of candi dates for city elections.

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

SB 353. By Senator Ray of the 19th:
A bill to amend an Act to make provisions for the Magistrate Court of Dodge County so as to change the method of selection of the chief magistrate; to provide for the election of the chief magistrate; to provide for terms of office; to provide for vacancies; to provide for the chief magistrate in office on July 1, 1987.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

FRIDAY, MARCH 6, 1987

1901

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

SB 384. By Senator Barnes of the 33rd:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the amount of compensation of the judges of the second division of the State Court of Cobb County; to authorize the gov erning authority to pay employee contributions to the Trial Judges and Solicitors Retirement Fund on behalf of the judges of the second division 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.

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 389. By Senator Foster of the 50th:
A bill to amend an Act creating the office of commissioner of Towns County as the governing authority of said county so as to change the compensation of the commissioner; to provide an effective date.

SB 391. By Senator Garner of the 30th:
A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," as amended, so as to provide for the appointment of new members to the authority upon completion of the terms of the exist ing members and the manner in which the new members shall be appointed; to provide for the terms of office of each member.

HB 237. By Representatives Lane of the 27th, Adams of the 36th, Couch of the 40th, Greer of the 39th, Lupton of the 25th and others:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the Board of Education of Fulton County, Floyd County and DeKalb County to make temporary loans limited in the aggregate amount of said loans outstanding at any one time and providing for the method of making such loans and pay ment of such loans.

HB 332. By Representatives Aiken of the 21st, Lawler of the 20th, Isakson of the 21st, Hensley of the 20th, 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 creating the Powder Springs Downtown Development Authority.

1902

JOURNAL OF THE HOUSE,

HB 333. By Representatives Aiken of the 21st, Lawler of the 20th, Isakson of the 21st, Hensley of the 20th, Cooper of the 20th and others:
A bill to provide for a change in the membership of the Powder Springs Downtown Development Authority.

HB 709. By Representative Crosby of the 150th:
A bill to amend an Act creating the State Court of Ware County, so as to change the compensation of the judge and solicitor of the court.

HB 754. By Representatives Bargeron of the 108th and Godbee of the 110th:
A bill to amend an Act providing for a salary supplement to be paid from funds of Burke County to the superior court judges of the Augusta Judicial Circuit, so as to change the amount of such supplement.

HB 879. By Representatives Triplett of the 128th, Hamilton of the 124th, Pannell of the 122nd, Kingston of the 125th, Mueller of the 126th 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 consoli dation of the boards of tax assessors of Chatham County and the City of Savannah and to the appointment of a chief tax assessor to perform the duties of tax receiving in Chatham County.

HB 931. By Representatives Adams of the 36th, Greer of the 39th and Couch of the 40th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Hapeville Development Authority.

HB 943. By Representatives Pannell of the 122nd, Triplett of the 128th, Hamilton of the 124th, Mueller of the 126th 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 an increase in retirement benefits of persons retired under the retirement system of the Board of Public Education for the City of Savannah.

HB 976. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), so as to change the provisions relating to terms of said court.

HB 977. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), so as to change the compensation of the judge and solicitor of said court.

HB 978. By Representatives Jamieson of the llth and Dover of the llth:
A bill to amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), so as to

FRIDAY, MARCH 6, 1987

1903

provide additional reasons for which solicitors pro tempore may be appointed by the judge of said court.

HB 985. By Representatives Porter of the 119th and 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 authorizing the Town of Dudley to levy a tax not to exceed one mill for the purpose of creating a fund to be used in promoting the location of any industries in the Town of Dudley.

HB 986. By Representatives Porter of the 119th and 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 authorizing the General Assembly to provide by law for the establishment of a Downtown Dublin Development Authority.

HB 987. By Representatives Porter of the 119th and 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 that members of the Board of Education of Laurens County shall be elected by the people.

HB 988. By Representatives Porter of the 119th and 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 authorizing the governing authority of Laurens County to issue general obligation bonds for the pur pose of establishing educational facilities beyond the twelfth grade and to levy taxes for the payment of bonds issued.

HB 989. By Representatives Porter of the 119th and 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 City of Dublin and County of Laurens Development Authority.

HB 996. By Representatives Dixon of the 151st and Smith of the 152nd:
A bill to amend an Act providing a new charter for the City of St. Marys, Georgia, so as to change the corporate limits of the city.

HB 997. By Representatives Dixon of the 151st and Smith of the 152nd:
A bill to provide that the county school superintendent of Camden County shall be appointed by vote of the board of education to serve at the pleasure of the board.

HB 1027.

By Representatives Triplett of the 128th, Alien of the 127th, Mueller of the 126th, Hamilton of the 124th and Pannell of the 122nd:
A bill to provide for a chief judge of the Recorder's Court of Chatham County.

HB 1028. By Representative Dixon of the 151st:

1904

JOURNAL OF THE HOUSE,

A bill to amend an Act establishing a system of public schools for the City of Waycross, so as to provide for the election of members of the Board of Education of the City of Waycross.

HB 1038.

By Representative Crosby of the 150th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Clinch County Development Authority.

HB 1039.

By Representative Crosby of the 150th:
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 the members of the Board of Education of Clinch County and for the appointment of the county school superintendent of Clinch County by the Board of Education of Clinch County.

HB 1040.

By Representative Crosby of the 150th:
A bill to provide for the collection of an additional fee for the benefit of the Clinch County Law Library on each case filed in the Magistrate Court of Clinch County.

HB 1063.

By Representatives White of the 132nd, Young of the 134th, Chambless of the 133rd and Balkcom of the 140th:
A bill to amend an Act creating the Dougherty County School System, so as to provide for the election of the Dougherty County Board of Education.

HB 31. By Representatives Chambless of the 133rd, Thomas of the 69th, Waldrep of the 80th and Groover of the 99th:
A bill to amend Chapter 8 of Title 14 of the Official Code of Georgia Anno tated, known as the "Uniform Partnership Act", so as to provide that a part nership may sue or be sued; to provide that the charging order remedy shall be in addition to any other remedy which may exist including the garnish ment remedy; to provide for personal service of the complaint upon which the garnishment judgment was obtained.

HB 133. By Representatives Cox of the 141st and Bargeron of the 108th:
A bill to amend Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning coroners, so as to provide for the release of certain medical records and other information concerning the death of a person in a medical facility in this state to a cor oner in another state if such person was injured in the county of such cor oner.

HB 224. By Representatives Martin of the 26th, Bostick of the 138th and Bishop of the 94th:
A bill to amend Code Section 9-11-60 of the Official Code of Georgia Anno tated, relating to relief from judgments, so as to change the provisions relat ing to motions to set aside judgments.

HB 255. By Representatives Chambless of the 133rd, Childers of the 15th and Richardson of the 52nd:

FRIDAY, MARCH 6, 1987

1905

A bill to amend Article 4 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to semiannual reports of certain health care information by hospitals to the Health Planning Agency, so as to provide that such reports shall be annual reports rather than semiannual reports; to change the due date and period of coverage of such reports.

HB 497. By Representatives Randall of the 101st, Bishop of the 94th, Martin of the 26th and Bostick of the 138th:
A bill to amend Article 4 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to county administrators, so as to provide that if the person to be appointed as county administrator is an active member of the State Bar of Georgia, such person need not be a county resident but only a resident of this state.

HB 515. By Representative Lane of the 27th:
A bill to amend Chapter 41 of Title 43 of the Official Code of Georgia Anno tated, relating to recreation leaders, the practice of therapeutic recreation, and the State Board of Recreation Examiners, so as to change the provisions relating to the definition of a therapeutic recreation specialist.

HB 559. By Representative Bray of the 91st:
A bill to amend Code Section 48-5-161 of the Official Code of Georgia Anno tated, relating to issuance and collection of tax executions, so as to provide for the collection of a levy administration fee to cover the expenses incurred by the county in the issuing of the execution and the administration of the levy.

HB 583. By Representative Randall of the 101st:
A bill to amend Chapter 36 of Title 43 of the Official Code of Georgia Anno tated, known as the "Georgia Polygraph Examiners Act", so as to continue the State Board of Polygraph Examiners and provide for its later termina tion.

HB 663. By Representative Robinson of the 96th:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Anno tated, relating to securities, so as to provide for the applicability of certain securities laws to criminal or civil proceedings.

HB 698. By Representatives Sinkfield of the 37th, Greer of the 39th, Holmes of the 28th and Benn of the 38th:
A bill to amend Code Section 48-5-147 of the Official Code of Georgia Anno tated, relating to the use of a lock box system in connection with tax pay ments to local governing authorities, so as to authorize tax officials to enter into contracts for a lock box system on behalf of local governments under certain circumstances.

HB 787. By Representative Watts of the 41st:
A bill to repeal an Act providing an annual salary for the coroner of each county of this state having a population of not less than 17,510 and not more than 17,560 according to the United States decennial census of 1970 or any future such census.

1906

JOURNAL OF THE HOUSE,

HB 953. By Representatives Groover of the 99th and Murphy of the 18th:
A bill to amend Chapter 62 of Title 36 of the Official Code of Georgia Anno tated, relating to development authorities, so as to provide that a develop ment authority may dispose of any real property for fair market value, regardless of prior development of such property as a project, whenever the board of directors of the authority may deem such disposition to be in the best interests of the authority.

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

HB 290. By Representative Pettit of the 19th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings generally, so as to grant exclusive original jurisdiction in the juvenile court 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.

HB 365. By Representative Robinson of the 96th:
A bill to amend Code Section 16-11-106 of the Official Code of Georgia Annotated, relating to the possession of a firearm or knife during the commission of or attempt to commit certain crimes, so as to clarify that such firearm or knife must be in the possession of the person.

HB 623. By Representatives Randall of the 101st and Martin of the 26th:
A bill to amend Code Section 15-9-36 of the Official Code of Georgia Anno tated, relating to the judge of the probate court as clerk thereof and the appointment and powers of other clerks, so as to provide that a chief clerk or clerk designated by the judge of the probate court may sign orders in uncontested matters; to provide that such clerk must have been a member of the State Bar of Georgia for at least three years or have been a clerk in the probate court for at least five years.

The Senate has agreed to the House substitutes to the following Bills of the Senate:

SB 92. By Senators Hine of the 52nd and Dawkins of the 45th:
A bill to amend Code Section 40-5-55 of the Official Code of Georgia Anno tated, relating to implied consent to chemical tests and suspension of drivers' licenses for refusal to submit to tests, so as to provide that the sworn report of a law enforcement officer regarding the refusal of an arrested person to submit to chemical tests shall be transmitted to the Department of Public Safety within ten days after the date of the arrest of such person.

SB 112. By Senator Burton of the 5th:
A bill to amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to make it unlawful for any person to tattoo the body of any person under the age of 18; to pro vide exceptions; to provide a penalty; to provide an effective date.

SB 206. By Senator Gillis of the 20th:

FRIDAY, MARCH 6, 1987

1907

A bill to amend Article 10 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to fish and other seafoods and to wholesale fish dealers, so as to change the provisions relating to wholesale fish dealers' licenses; to change the annual license fees for nonresident or alien wholesale
fish dealers; to repeal Code Section 27-4-74.1 of the Official Code of Georgia Annotated, relating to food fish dealers.

The Senate has agreed to the House amendments to the following Bills of the Senate:

SB 45. By Senator Barnes of the 33rd:
A bill to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Georgia Driver Improvement Act," so as to change the maximum fees which may be charged by driver improvement clinics for alcohol and drug courses, defensive driving courses, and other courses and programs.

SB 177. By Senators Peevy of the 48th, Edge of the 28th and Howard of the 42nd:
A bill to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to regulation of gasoline marketing practices, so as to prohibit a refiner, producer, or manufacturer of automotive gasoline from opening and from directly or indirectly operating a retail service station for the retail sale of gasoline.

SB 216. By Senator Kidd of the 25th:
A bill to amend Code Section 7-1-620 of the Official Code of Georgia Anno tated, which contains definitions under the law relating to regional interstate banking.

SB 301. By Senator Hudgins of the 15th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, so as to provide that any person under the age of 17 years who is convicted of a felony and sentenced as an adult to life imprison ment or to a certain term of imprisonment shall be committed to the Divi sion of Youth Services of the Department of Human Resources to serve such sentence until such person is 18 years of age.

The Senate has adopted the report of the Committee of Conference on the following Bills of the House:

HB 87. By Representatives Crosby of the 150th, Murphy of the 18th, Sizemore of the 136th, Lane of the lllth, Bishop of the 94th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code", so as to extensively revise provisions relat ing to Georgia income tax; to revise provisions relating to Georgia estate tax; to define the terms "Internal Revenue Code", "Internal Revenue Code of 1954", and "Internal Revenue Code of 1986" and to thereby incorporate provisions of federal law into Georgia law.

HB 380. By Representative Adams of the 79th:

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JOURNAL OF THE HOUSE,

A bill to amend Code Section 40-8-159 of the Official Code of Georgia Anno tated, relating to the certification of motor vehicle emission inspection sta tions, so as to change the provisions relating to the fee which may be charged for an emission inspection.

The Senate insists on its substitute to the following Bill of the House:

HB 226. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others:
A bill to make and provide appropriations for the state fiscal year beginning July 1, 1987, and ending June 30, 1988.

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

SB 389. By Senator Foster of the 50th:
A bill to amend an Act creating the office of commissioner of Towns County as the governing authority of said county so as to change the compensation of the commissioner; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 391. By Senator Garner of the 30th:
A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," as amended, so as to provide for the appointment of new members to the authority upon completion of the terms of the exist ing members and the manner in which the new members shall be appointed; to provide for the terms of office of each member.
Referred to the Committee on State Planning & Community Affairs - Local.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 226. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others:
A bill to make and provide appropriations for the state fiscal year beginning July 1, 1987, and ending June 30, 1988.

Representative McDonald of the 12th moved that the House insist on its position in disagreeing to the Senate substitute to HB 226 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives McDonald of the 12th, Walker of the 115th and Coleman of the 118th.

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

FRIDAY, MARCH 6, 1987

1909

Mr. Speaker:
The Senate has agreed to the House amendment as amended by the Senate, to the following Bill of the Senate:

SB 245. By Senator Broun of the 46th:
A bill to create the Clarke County Airport Authority; to declare the need for the airport authority; to declare the purposes and objectives of this Act; to define certain terms; to provide for the membership of the authority; to pro vide for the terms of the members; to provide for the election of officers, quorum, bylaws, procedures, and meetings; to provide for compensation of members.

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 339. By Senator Barnes of the 33rd:
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 seven the number of judges for the Cobb Judicial Circuit; to provide for the selection and term of such judge; to provide for the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the county comprising said circuit.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judges for each judicial circuit, so as to increase to seven the number of judges for the Cobb Judicial Circuit; to provide for the selection and term of such judge; to provide for the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the county comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof; to provide for the selection of a chief judge; to provide for the powers and authority of the chief judge; to provide for an additional court reporter for said circuit; to declare inherent authority; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judges for each judicial circuit, is amended by striking para graph (11) and inserting in its place a new paragraph to read as follows:
"(11) Cobb Circuit............................................................................................................. 67"
Section 2. The number of superior court judges of the Cobb Judicial Circuit is increased from six to seven. The initial judge for said seventh judgeship shall be appointed by the Governor for a term beginning July 1, 1987, and ending December 31, 1988, and until a successor is elected and qualified. Thereafter successors shall be elected at the gen eral election held in 1988, and every four years thereafter; and their terms shall be for four years beginning on the first day of January next following their election.
Section 3. The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges, and his compensation, salary, and expense allowance from the State of Georgia and from the county comprising

1910

JOURNAL OF THE HOUSE,

such circuit shall be the same as that of the other judges of the superior courts of the Cobb Judicial Circuit. The provisions, if any, heretofore enacted for the supplementation by the county comprising said circuit of the salary of the judge of the superior courts of the Cobb Judicial Circuit shall also be applicable to the additional judge provided for by this Act.
Section 4. As long as the person serving on the effective date of this section as chief judge of the superior courts of the Cobb Judicial Circuit of Georgia continues in office as a judge of the superior courts of said circuit, the provisions of this section shall apply to the Cobb Judicial Circuit. The judges of the superior courts of the Cobb Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities shall share, divide, and allocate the work and duties to be performed by each. In the event of any disagreement between said judges in any respect thereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The chief judge shall appoint the judge of the juvenile court as pro vided by law. The judges of the superior courts of the Cobb Judicial Circuit shall have and they are hereby clothed with full power, authority, and discretion to determine from time to time, and term to term, the manner of calling the dockets or fixing the calendars and order of business in said courts. They may assign to one or more of said judges the hearing of trials by jury for a term, and the hearing of all other matters not requiring a trial by a jury to one or more of the other judges, and they may rotate such order of busi ness at the next term. They may conduct trials by jury at the same time in the same county or otherwise within said circuit, or they may hear chambers business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and dispos ing of the business of said courts, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge as hereinbefore defined shall control.
Section 5. (a) When the person serving on the effective date of this section as chief judge of the superior courts of the Cobb Judicial Circuit of Georgia ceases to hold office as a superior court judge of said circuit as a result of retirement, death, or any other cause, the provisions of this section shall apply to the Cobb Judicial Circuit, and the provisions of Section 4 shall no longer be applicable.
(b) The judges of the superior courts of the Cobb Judicial Circuit shall, within 30 days and thereafter upon the commencement of the first term of each odd-numbered calendar year, by a vote of a majority of them, elect from their number a chief judge of the superior courts of said circuit to serve a two-year term. A vote of the majority of the judges of said circuit is required to fill any vacancy occurring in the office of chief judge. Whenever, after 30 days after this section becomes applicable pursuant to subsection (a) of this section and so long as no chief judge shall be elected as aforesaid, the judge of the superior courts of said circuit who shall be senior in length of continuous service as a judge of the superior courts shall be ex officio chief judge; and, in the event that two or more judges shall be equal in such seniority, then the judge who was first admitted to the State Bar of Georgia shall be such chief judge.
(c) Upon the failure of a majority of the judges of said circuit to agree on the admin istration and the expeditious disposition of the business of the court, the chief judge shall have the power and responsibility to take such action as he shall deem necessary or proper for such purpose, but not in conflict with the general laws of this state or the uniform rules of this state, which action, when entered on the minutes of said court, shall be bind ing upon the other judges of said circuit.
(d) Such chief judge may make appointments authorized by law and may from time to time require reports from the clerk of court of said circuit, the district attorney of said circuit, and the sheriff of Cobb County relative to business pending before the court of said circuit, including but not limited to, issues involving the jail population.
(e) The chief judge shall appoint the judge of the juvenile court as provided by law.

FRIDAY, MARCH 6, 1987

1911

Section 6. The seven judges of the Cobb Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law.
Section 7. Nothing herein enumerated shall be deemed to limit or restrict the inher ent powers, duties, and responsibilities of superior court judges provided by the Constitu tion and statutes of the State of Georgia.
Section 8. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 1987, except that the appointment of the initial judge to fill the seventh judgeship created by this Act may be made at any time after this Act is approved by the Governor or becomes law without such approval.
(b) Sections 4 and 5 of this Act shall become effective upon the approval of this Act 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.

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

Y Aaron Y Adams.G Y Adams.M
Aiken Y Alford
Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister
Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell
Y Carter Chambless
Y Chance Cheeks
Y Childers
Y Childs Clark,B Clark,L

Y Colbert Y Coleman
Colwell Y Connell Y Cooper Y Couch
Cox Y Crawford
Crosby
Y Cummings Y Davis,G
Davis.M Y Dixon
YDobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd N Foster
Galer YGodbee Y Goodwin Y Green Y Greene Y Greer Y Gresham N Griffin Y Groover N Hamilton
Manner Y Harris Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb
Holmes N Hooks Y Hudson Y Isakson Y Jackson.J
Jackson.W Y Jamieson Y Johnson,D Y Johnaon.R
Y Kilgore Y Kingston
Lane.D NLane.R Y Langford N Lawler Y Lawrence
Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum
Martin Y McDonald N McKelvey
McKinney Y Milam Y Milford Y Mobley
Moody Moore Morton

Mostiler
Y Moultrie Y Mueller Y Oliver Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters
Pettit Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Randall Y Ransom Ray Y Reaves N Redding Richardson Y Ricketson Robinson.C Y Robinson,P Y Royal Selman
Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Smith,L
Y Smith.P Y Smith.T
Y Smith.W Smyre
YSnow Y Stancil
Y Stanley Steinberg
Y Stephens Y Thomas.C Y Thomas.M
Thompson Y Thurmond
Townsend Y Triplett
Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L YWall
Ware Y Watson
Y Watts White
Y Wilder Y Williams,B
Williams,,] Wilson Y Wood Workman YYeargin Y Young Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 127, nays 8.
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:

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JOURNAL OF THE HOUSE,

HB 159. By Representatives Jackson of the 9th, Crosby of the 150th and Barnett of the 10th:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to require insurance companies to obtain a certificate of title for certain vehi cles; to require certain individuals who cannot obtain certificates of title on salvaged and rebuilt motor vehicles to obtain certificates of title bond.

The following Senate substitute was read:

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles and traffic, so as to change the provisions relating to certificates of title on rebuilt, salvaged, or restored motor vehicles; to provide that the state revenue commissioner shall have the responsibility for inspections in connection therewith; to repeal a provision relat ing to the duty of the Georgia Bureau of Investigation to make such inspections; to pro vide that insurance companies shall obtain certificates of title for certain vehicles; to provide that certain individuals who cannot obtain certificates of title on salvaged and rebuilt motor vehicles shall obtain certificates of title bonds; to require certain persons in certain vehicles to use seat belts; to provide a definition; to provide exceptions; to provide that a failure to use seat belts may not be introduced in evidence in any civil action and may not be used to diminish recovery of damages; to provide a limitation on the enforce ment of the requirement to use seat belts; to provide for other matters relative to the fore going; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles and traffic, is amended by striking in its entirety Code Section 40-3-35.1, relating to certificates of title for rebuilt, salvaged, or restored motor vehicles, and inspections in connection therewith, and inserting in lieu thereof a new Code Section 40-3-35.1 to read as follows:
"40-3-35.1. (a) As used in this Code section, the term 'application for a certificate of title on a salvaged or rebuilt motor vehicle' means:
(1) Upon the receipt ef a An application for a certificate of title for a motor vehi cle for which a current Georgia certificate of title is marked 'salvage' pursuant to sub section (e) of Code Section 40-3-35 and which has been repaired; ; the
immediately notify the Georgia Bureau ef Investigation ef saeh application. (2) tJpen the receipt ef- an An application for a certificate of title for a motor vehi cle for which a current out-of-state certificate of title is marked 'salvage,' 'rebuilt,' or 'restored,' or any similar such phrase; or ; the commiaaieBef shall immediately notify the Georgia Bureau ef Investigation ef sh application. (3) Upon the receipt ef- an An application for a certificate of title for a motor vehi cle for which a current Georgia certificate of title is marked 'salvage' pursuant to sub section (e) of Code Section 40-3-35 and for which the transferee is anyone other than a licensed dealer as defined in Code Section 43-48-2; th commissioner shaB immediately notify th Georgia Bureau ef- Investigation ef swefc application. (b) (1) Upon receipt of stieh notification from an application for a certificate of title on a salvaged or rebuilt motor vehicle, the commissioner ; the Georgia Bureau ef Investigation shall promptly conduct an initial inspection on each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. The initial inspec tion shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components, verification that the word 'rebuilt' is permanently affixed as required by subsection (c) of this Code section, and, if the vehicle has been repaired, verification that the motor vehicle conforms to all safety equipment standards required by law. The Georgia Bureau ef

FRIDAY, MARCH 6, 1987

1913

Investigation commissioner shall be authorized to charge a fee of $50.00 for each ini tial inspection of each motor vehicle inspected. In the event a third or subsequent reinspection is required for any one motor vehicle under this Code section, the Georgia Bureau ef Investigation commissioner shall be authorized to charge a fee of $50.00 for the third and each subsequent reinspection. The Georgia Bureau ef Invest!gatien shall commissioner may conduct tat any such initial inspection and any required reinspections pen notification ef an application fer a certificate ef titte wider any circumstance specified t subsection {a} ef this 6ed section even though the motor vehicle may have been previously inspected under this Code section. !Fhe Georgia Bureau ef Investigation shall promptly notify th commissieBer ef the results ef each inspection.
(2) If, upon inspection by the Georgia Bweatt ef Investigation under paragraph (1) of this subsection, it is determined that the motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of title until compli ance is reached. (c) (1) (A) Upon inspection by the Georgia Bwreatt ef Investigation under subsec
tion (b) of this Code section, if it is determined that the motor vehicle has been restored to an operable condition by the replacement of two or more major compo nent parts, a certificate of title may be issued for such motor vehicle which shall contain the word 'rebuilt' on its face in such manner as the commissioner shall pre scribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a rebuilt motor vehicle. Upon inspection by the Georgia Bureau ef Investigation, if it is determined If any such inspection determines that the motor vehicle shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, a certificate of title may be issued for such motor vehicle which shall contain the word 'salvage' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a salvage motor vehicle.
(B) If it is determined that the motor vehicle required or shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, the person, firm, or corporation restoring or owning such motor vehicle shall, prior to the inspection by the Georgia Bureau ef Investi gation commissioner, cause the word 'rebuilt' to be permanently affixed to said motor vehicle. The word 'rebuilt' shall be affixed in a clear and conspicuous manner to the door post or such other location as the commissioner may prescribe. The word 'rebuilt' shall be stamped on the motor vehicle or shall be stamped on a metal plate which shall be riveted to the motor vehicle or shall be permanently affixed to the motor vehicle in such manner as the commissioner may prescribe. The require ment of this subparagraph shall only apply to motor vehicles restored after Novem ber 1, 1982.
(2) Upon inspection by the Georgia Bureau ef Investigation commissioner and compliance with paragraph (2) of subsection (b) of this Code section, if it is deter mined that the motor vehicle does not require the replacement of two or more major components or has not had two or more major components changed, a certificate of title may be issued.
(d) Any person, firm, or corporation who rebuilds or repairs a motor vehicle whose current certificate of title is marked 'salvage' shall make application for and obtain a certificate of title as provided in this Code section prior to the sale or transfer of said motor vehicle."
Section 2. Said title is further amended by repealing in its entirety Code Section 40-3-35.2, relating to the duty of the Georgia Bureau of Investigation to inspect certain motor vehicles, which reads as follows:
"40-3-35.2. It shall be the duty of the Georgia Bureau of Investigation to inspect cer tain motor vehicles prior to the issuance of certificates of title for such motor vehicles. The director of investigation is authorized to employ such persons as he shall deem necessary to carry out the provisions of this Code section.",

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JOURNAL OF THE HOUSE,

and inserting in lieu of said repealed Code section new Code Sections 40-3-35.2 and 40-3-35.3 to read as follows:
"40-3-35.2. Any insurance company which pays a total loss claim on a stolen motor vehicle shall, within 30 days of paying such claim, apply to the commissioner to transfer the certificate of title to the insurance company.
40-3-35.3. (a) Any registered owner or authorized agent of a registered owner who in any manner sells or disposes of any motor vehicle as scrap metal or parts only or who scraps, dismantles, or demolishes a motor vehicle but who cannot obtain the certificate of title to mail or deliver to the commissioner for cancellation as required by paragraph (1) of subsection (a) of Code Section 40-3-35 shall, within 72 hours, apply for a certif icate of title bond as set forth in Code Section 40-3-28.
(b) Any person who is unable to obtain verification of the bills of sale or titles for the major component parts as required by paragraph (1) of subsection (b) of Code Section 40-3-35.1 may comply with such requirement by obtaining a certificate of title supported by a title bond as set forth in Code Section 40-3-28."
Section 3. Said title is further amended by adding immediately following Code Section 40-8-76 a new Code Section 40-8-76.1 to read as follows:
"40-8-76.1. (a) As used in this Code section, the term 'passenger vehicle' means every motor vehicle designed to carry ten passengers or less and used for the transporta tion of persons but shall not mean motorcycles, motor driven cycles, vehicles mounted on a truck chassis, or vehicles equipped for off-road use.
(b) Each occupant of the front seat of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat belt approved under Federal Motor Vehicle Safety Standard 208.
(c) The requirement of subsection (b) of this Code section shall not apply to: (1) A driver or passenger frequently stopping and leaving the vehicle or delivering
property from the vehicle, if the speed of the vehicle between stops does not exceed 15 miles per hour;
(2) A driver or passenger possessing a written statement from a physician that such person is unable, for medical or physical reasons, to wear a seat safety belt;
(3) A driver or passenger possessing an official certificate or license endorsement issued by the appropriate agency in another state or country indicating that the driver is unable for medical, physical, or other valid reasons to wear a seat safety belt;
(4) A driver operating a passenger vehicle in reverse; (5) A passenger vehicle with a model year prior to 1965; (6) A passenger vehicle which is not required to be equipped with seat safety belts under federal law; or (7) A passenger vehicle operated by a rural letter carrier of the United States Postal Service while performing duties as a rural letter carrier. (d) Failure to wear a seat safety belt in violation of this Code section shall not be considered evidence of negligence, shall not limit the liability of an insurer, and shall not diminish any recovery for damages arising out of the ownership, maintenance, or operation of a passenger vehicle. (e) A person may be issued a citation for a violation of subsection (b) of this Code section only when such person has been stopped and is issued a citation for a violation of another provision of this title. (f) Any person who violates subsection (b) of this Code section shall not be subject to any criminal penalty."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Jackson of the 9th moved that the House disagree to the Senate sub stitute to HB 159.
The motion prevailed.

Representative Robinson of the 96th arose to a point of personal privilege and addressed the House.

FRIDAY, MARCH 6, 1987

1915

The Speaker Pro Tern assumed the Chair.
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 144. By Senators Allgood of the 22nd, Deal of the 49th and Peevy of the 48th:

A RESOLUTION
Creating the Grand Jury Study Committee; and for other purposes.
WHEREAS, the grand jury system as it exists today is based on laws which in any number of instances are outdated; and
WHEREAS, the existing grand jury system and the laws involved oftentimes do not enable grand juries to deal effectively and fairly with the problems of modern day society; and
WHEREAS, grand juries and the grand jury system have been the subject of criticism by judges, lawyers, and other citizens of this state; and
WHEREAS, the grand jury system and the laws involved therein should be studied with a view towards revising such laws and bringing the system up-to-date so that it will once again be able to serve efficiently, effectively, fairly, and impartially the needs of the citizens of this state, the criminal justice system, and the judicial and legal systems of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Grand Jury Study Committee to be composed of ten members as follows: the Majority Leader of the Senate who shall serve as chairman; the Majority Leader of the House of Representatives who shall serve as vice-chairman; the chairman of the Judiciary Committee of the Senate; the chairman of the Judiciary Committee of the House of Representatives; three Senators to be named by the President of the Senate; and three Representatives to be named by the Speaker of the House of Representatives. The committee shall conduct a study of the grand jury system and the laws relating to grand juries with a view towards finding and recommending solutions to the problems of the system and revising the laws relative thereto in order to ensure that the grand jury system and laws will enable grand juries to serve more efficiently, effec tively, fairly, and impartially.
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 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 unless additional days are authorized by the President and the Speaker. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of govern ment. In the event the committee makes a report of its findings and recommendations, such report shall be made on or before December 15, 1987, 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:

Y Aaron Y Adams.G
Y Adams.M

Y Aiken Y Alford
Y Alien

Y Athon Y Atkins
Y Bailey

Y Balkcom Y Bannister
Y Bargeron

Y Barnett,B Y Barnett,M
Y Beck

1916

JOURNAL OF THE HOUSE,

Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch YBray
Brooks Y Brown YBuck Y Buford YByrd
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Childs Clark,B Y Clark.L Y Colbert Coleman Y Colwell Connell Y Cooper Y Couch YCoi Y Crawford Y Crosby Y Cummings Davis.G Y Davis,M

Y Dixon
Dobba Y Dover
YDunn Edwards
Y Felton Y Floyd Y Foster
Galer Y Godbee Y Goodwin Y Green Y Greene
Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty YHays Y Heard Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks
Hudson Y Isakson Y Jackson,J Y Jackson, W Y Jamieson

Y Johnson,D Y Johnson.R Y Kilgore Y Kingston
Y Lane.D Y Lane.R
Langford Y Lawler Y Lawrence Y Lawson
YLee Y Under YLong YLord Y Lucas
Lupton Y Mangum Y Martin
McDonald Y McKelvey Y McKinney Y Milam Y Milford
Y Mobley Y Moody
Moore Y Morton
Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock
Y Padgett

Y Pannell Par ham
Y Parrish Y Patten Y Peters
Y Pettit Phillips
Y Pinkston Y Pittman
Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall
Y Ransom YRay Y Reaves
Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson,P Y Royal
Y Selman Y Shepard Y Sherrod
Y Simpson Y Sinkfield Y Sizemore Y Smith,L Y Smith,?

Smith.T Y Smith,W
Smyre YSnow Y Stancil
Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M
Thompson Y Thurmond
Townsend
Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Watson
Watts White Y Wilder Y Williams.B Williams,J
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.

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 226. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others:
A bill to make and provide appropriations for the state fiscal year beginning July 1, 1987, and ending June 30, 1988.

The President has appointed on the part of the Senate the following: Senators Starr of the 44th, Kennedy of the 4th and Allgood of the 22nd.

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 218. By Senators Dawkins of the 45th, Garner of the 30th and Foster of the 50th:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Anno tated, relating to the regulation of insurance rates and rate making, so as to provide that on and after July 1, 1987, no insurer shall charge or collect for any policy of insurance to which Chapter 9 of Title 33 applies any rate which

FRIDAY, MARCH 6, 1987

1917

exceeds its existing rate filed with the Commissioner by 10 percent or a higher percentage unless such rate has been approved by the 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 roll call was ordered and the vote was as follows:

Y Aaron Adams.G
Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister
Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield
Benn Y Birdsong
Bishop
Y Bostick Y Branch
Bray Brooks Brown YBuck Y Buford YByrd Y Carrell Y Carter Chambless Y Chance Y Cheeks Y Childers Childs Clark.B Y Clark.L

Y Colbert Coleman
Y Colwell Connell
Cooper Couch Cox Y Crawford Crosby Y Cummings Davis.G Y Davis.M Y Diion YDobbs Y Dover
YDunn Edwards
Y Felton Y Floyd Y Foster
Galer YGodbee Y Goodwin Y Green Y Greene
Greer Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris Y Hasty YHays Y Heard
Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson
Isakson Y Jackson.J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston
Lane.D Lane.R Y Langford Y Lawler Lawrence YLawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Martin McDonald Y McKelvey McKinney YMilam Y Milford Y Mobley Moody Moore YMorton

Mostiler Y Moultrie
Mueller Y Oliver YOrrock
Y Padgett Y Pannell
Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T
Y Ramsey.V YRandall
Ransom YRay
Reaves Y Redding Y Richardson
Ricketson Robinson.C Y Robinson.P
Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield

Y Sizemore Y Smith,L
Y Smith,P Smith.T
Y Smith,W Smyre
YSnow Y Stancil
Y Stanley Y Steinberg Y Stephens Y Thomas,C Y Thomas,M
Thompson Y Thurmond Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep
Walker.C Y Walker,L
Y Wall YWare
Watson
Watts White Wilder Y Williams.B Williams,J Wilson
YWood Y Workman Y Yeargin
Young Murphy,Spkr

On the passage of the Bill, the ayes were 127, 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 amending the same:

HB 27. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Chapter 18 of Title 15 of the Official Code of Georgia Anno tated, relating to district attorneys, so as to provide for the appointment of an investigator for each judicial circuit; to amend Code Section 45-18-1 of the Official Code of Georgia Annotated, relating to definitions affecting the state employees' health benefit plan, so as to include district attorneys' investi gators as employees for purposes of the plan.

Representative Thomas of the 69th moved that the House insist on its position in disagreeing to the Senate amendment to HB 27 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.

1918

JOURNAL OF THE HOUSE,

The motion prevailed.

The Speaker Pro Tern 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 Walker of the 115th.

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 306. By Senators Stumbaugh of the 55th, Deal of the 49th, Shumake of the 39th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Insurance Code," so as to provide for the establishment and regulation of risk retention groups and purchasing groups; to provide for legislative purpose; to provide definitions; to provide requirements which must be met by a risk retention group prior to the offering of insurance in this state.

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

Y Aaron Adams,G
Y Adams.M Y Aiken YAlford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck
Y Benefield Benn
Y Birdsong Bishop
Y Bostick Y Branch
Bray Brooks Brown YBuck Y Buford YByrd Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark,B Y Clark.L

Y Colbert Coleman
Y Colwell Connell
Y Cooper
Y Couch YCox Y Crawford
Crosby Y Cummings
Davis.G
Davis.M Y Dixon
Dobbs Y Dover
Y Dunn Y Edwards Y Felton
Y Floyd Y Foster
Galer YGodbee Y Goodwin Y Green
Greene Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty YHays Y Heard Y Hensley

Y Herbert
Y Holcomb Y Holmes Y Hooks
Hudson
Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson,D Y Johnson,R Y Kilgore Y Kingston Y Lane,D
Y Lane.R Y Langford Y Lawler Y Lawrence
Y Lawson YLee Y Under YLong YLord
Lucas Lupton Y Mangum
Y Martin Y McDonald Y McKelvey
McKinney YMilam Y Milford
Y Mobley Y Moody
Moore Y Morton

Mostiler
Y Moultrie Y Mueller Y Oliver
Y Orrock Y Padgett Y Pannell
Parham Y Parrish
Y Patten Y Peters Y Pettit
Phillips
Y Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall
Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson
Y Robinson.C Y Robinson,? Y Royal
Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield

Y Sizemore Y Smith.L Y Smith.P
Smith.T Smith.W Smyre YSnow Y Stancil
Y Stanley Steinberg
Y Stephens Y Thomas.C
Thomas,M Thompson Y Thurmond Townsend Y Triplett Y Twiggs
Y Waddle Y Waldrep Y Walker.C
Walker ,L
YWall Ware
Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Wilson Wood Y Workman Y Yeargin Young Murphy,Spkr

On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 6, 1987

1919

Representative Shepard of the 71st gave notice that at the proper time he would move
that the House reconsider its action in giving the requisite constitutional majority to SB 306.

SB 31. By Senator Peevy of the 48th:
A bill to amend Code Section 33-34-4 of the Official Code of Georgia Anno tated, relating to certain motor vehicle insurance minimum required cover age, so as to provide that certain coverage for loss of income or earnings shall not be required if such owner is a retired person.

The following Committee substitute was read and adopted:

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 provide that insurers may make certain motor vehicle insurance coverages and certain optional increased cover ages available on a deductible basis; to provide conditions and limitations; to provide for total benefits limits; to provide that persons eligible for certain motor vehicle insurance benefits shall not be precluded from pleading or recovering against a tort-feasor the amount of such deductible; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," is amended by adding at the end of Code Section 33-34-4, relating to minimum required motor vehicle insurance cover ages, a new subsection (d) to read as follows:
"(d) An insurer may make the coverages described under subparagraphs (a)(2)(A) and (a)(2)(B) of this Code section and (a)(l)(A) and (a)(l)(B) of Code Section 33-34-5 available on a deductible basis, at the option of the named insured and at a reduced price. Such a deductible shall not, however, apply to compensation to a pedestrian or to compensation to any insured whose injury results in death, dismemberment, perma nent blindness in one or both eyes, total and permanent paralysis, or a compound frac ture of an arm or leg. Subject to the foregoing limitation, such a deductible shall apply to reduce the total benefits limits specified by subsection (c) of this Code section, except that if there exist two or more policies providing coverage under this Code section, then with respect to each such policy the benefits limits specified by subsection (c) of this Code section shall be reduced only by the amount of the deductible specified in that policy."
Section 2. Said chapter is further amended by striking subsection (b) of Code Section 33-34-9 of the Official Code of Georgia Annotated, relating to the liability for pay ment of damages for noneconomic losses and pleading or recovering of damages for eco nomic loss available in actions against tort-feasors, and inserting in its place a new subsection (b) to read as follows:
"(b) Any person eligible for economic loss benefits described in paragraph (2) of sub section (a) of Code Section 33-34-4 is precluded from pleading or recovering in an action for damages against a tort-feasor those damages for which compensation is available for economic loss under said Code Section 33-34-4; provided, however, that nothing con tained in this Code section shall preclude the introduction of any evidence otherwise admissible in a judicial proceeding for the purpose of proving the extent of the injury or injuries sustained by the person] provided, further, that a person eligible for economic loss benefits under subparagraph (a)(2)(A) or (a)(2)(B) of Code Section 33-34-4 or (a)(l)(A) or (a)(l)(B) of Code Section 33-34-5 shall not be precluded from pleading or

1920

JOURNAL OF THE HOUSE,

recovering in an action for damages against a tort-feasor the amount of any deductible allowed under subsection (d) of Code Section 33-34-4."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister
Bargeron Y Barnett.B Y Barnett.M YBeck
Y Benefield Benn
Y Birdsong Bishop
Y Bostick Y Branch
Bray
Brooks Y Brown YBuck
Y Buford YByrd
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Childs Clark,B Y Clark.L

Y Colbert Coleman
Y Colwell Connell
Y Cooper Y Couch YCox Y Crawford
Crosby Y Cummings Y Davis,G Y Davis.M Y Dixon Y Dobbs
Dover Y Dunn Y Edwards
Y Felton Y Floyd Y Foster
Galer Y Godbee Y Goodwin
Y Green Y Greene
Greer Y Gresham
Y Griffin Y Groover Y Hamilton Y Manner
Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson,R
Y Kilgore Y Kingston
Y Lane.D Y Lane,R Y Langford Y Lawler Y Lawrence Y Lawson
YLee Y Under YLong YLord Y Lucas
Lupton Y Mangum Y Martin Y McDonald
Y McKelvey Y McKinney Y Milam Y Milford
Y Mobley Y Moody
Moore Y Mortal

Mostiler Y Moultrie Y Mueller Y Oliver YOrrock
Y Padgett Y Pannell
Parham Y Parrish Y Patten Y Peters
Y Pettit Phillips
Y Pinkston Y Pittman
Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
YRay Y Reaves
Redding Y Richardson
Y Ricketson Y Robinson,C Y Robinson,? Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield

Y Sizemore Y Smith.L Y Smith.P
Smith.T
Y Smith,W Smyre
YSnow Y Stancil Y Stanley
Steinberg
Y Stephens Y Thomas.C Y Thomas,M
Thompson Y Thurmond
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
Williams,.] Wilson
Wood Y Workman Y Yeargin
Young Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Dobbs of the 74th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 31, by substitute.
SB 113. By Senator Deal of the 49th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to torts in general, so as to provide a qualified immunity from civil liability for persons serving as directors, officers, and trustees of certain nonprofit organizations.
The following Committee substitute was read and adopted:

FRIDAY, MARCH 6, 1987

1921

A BILL
To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to provide to certain members, directors, trustees, and officers of nonprofit hospitals or associations, nonprofit, charitable, or eleemosynary institutions or organizations, or local governmental entities immunity from civil liability under certain conditions; to provide for definitions; to provide for applicability; to provide such immunity to be supplemental; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, is amended by striking in its entirety Code Section 51-1-20, relating to the liability of directors and officers of public, charitable, or nonprofit hospitals, insti tutions, or organizations, and inserting in its place a new Code Section 51-1-20 to read as follows:
"51-1-20. (a) A person serving with or without compensation as a member, director, or trustee, or as an officer of the board without compensation, of any public, charitable, er nonprofit hospital or association^ or of any nonprofit, charitable, or eleemosynary institution; or organization or of any local governmental agency, board, authority, or entity shall net be liable te the hospital, institution, er organization er te any person, iirnij of entity, puDiic of privfltef receiving Denctits IPOIW tftc ftospitQi^ tRstitiition, of organization be immune from civil liability for any act or any omission to act within th scope of iiis duties or Activities, unless tiie nospitfll, institution, of or^flnizfltion or trie person, tiFHi, of entity> putoiic of pfivflte} receiving tne oeneiits snflii sftow tnflt trie flct or ornission of tfte idiiufc to ftct wds couseci oy trie ross neiience of wiiitui tuici
negligence er arising out of such service if such person was acting in good faith within the scope of his or her official actions and duties and unless the damage or injury was caused by the willful and or wanton misconduct contributed te th teas ef which the hospital, institution, er organization er the person, firm, ef entity complains of such person.
(b) As used in this Code section, the term 'compensation' shall not include reim bursement for reasonable expenses related to said services.
(c) This Code section shall not affect any other immunity of any person arising from any source, whether or not such person may additionally be subject to and possess an immunity provided by this Code section. The immunity provided by this Code section shall be supplemental to any other such existing immunity."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Adams.G
Y Adams.M Y Aiken Y Alford
Y Alien Y Athon Y Atkins
Y Bailey Y Balkcom
Bannister Y Bargeron Y Barnett.B Y Barnett.M

YBeck Y Benefield
Benn
Y Birdsong Bishop
Y Bostick Y Branch
YBray Brooks Brown
YBuck Y Buford YByrd Y Carrell

Y Carter Y Chamblesi Y Chance Y Cheeks Y Childers
Y Childs Clark.B
Y Clark.L
Y Colbert Y Coleman
Y Colwell Connell
Y Cooper Y Couch

YCox Y Crawford
Crosby Y Cummings Y Davis.G
Davis.M Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster

Galer Y Godbee
Y Goodwin Green
Y Greene
Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays

1922

JOURNAL OF THE HOUSE,

Y Heard
Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson
Isakson Jackson,J Y Jackson, W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston YLane.D YLane,R Y Langford Y Lawler Lawrence Y Lawson YLee

Y Under YLong YLord
Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey Y McKinney Y Milam Y Milford Y Mobley Y Moody
Moore Y Mortpn
Mostiler Y Moultrie Y Mueller Y Oliver
Orrock Y Padgett

Y Pannell Parham
Y Parrish
Patten Y Peters Y Pettit
Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson
Ricketson

Y Robinson.C Y Robinson.P Y Royal
Y Selman Shepard
Y Sherrod
Y Simpson Sinkfield
Y Sizemore Y Smith,L Y Smith,P
Smith.T Y Smith.W
Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C
Thomas,M Thompson

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

On the passage of the Bill, by substitute, the ayes were 142, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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

HR 413. By Representatives Stanley of the 33rd and Dover of the llth:
A resolution commending Teresa Gullatt and inviting her to appear before the House of Representatives.

Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 984 Do Pass HB 1076 Do Pass, by Substitute SB 277 Do Pass, as Amended
Respectfully submitted, /s/ Adams of the 36th
Chairman

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

HB 984. By Representatives Hensley of the 20th, Lawler of the 20th, Aiken of the 21st, Atkins of the 21st, Thompson of the 20th and others:
A bill to amend an Act creating a new charter for the City of Austell, 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.

FRIDAY, MARCH 6, 1987

1923

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

HB 1076. By Representatives Alien of the 127th, Triplett of the 128th and Johnson of the 123rd:
A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County and providing for a board of commissioners as the governing authority of said county, so as to change the provisions relative to the agenda for meetings of the board of commissioners.

The following Committee substitute was read and adopted:

A BILL
To amend an Act completely revising the laws relative to the governing authority of Chatham County and providing for a board of commissioners as the governing authority of said county, approved March 29, 1984 (Ga. L. 1984, p. 5050), so as to change the provi sions relative to the agenda for meetings of the board of commissioners; to provide that certain elected county officers may submit their proposed annual budgets directly to the finance committee of the board of commissioners without any alteration or amendment in such proposed budgets by the county manager; to provide for composition of the commit tee; to allow for other committees; 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. An Act completely revising the laws relative to the governing authority of Chatham County and providing for a board of commissioners as the governing authority of said county, approved March 29, 1984 (Ga. L. 1984, p. 5050), is amended by striking subsection (c) of Section 9 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) Items which are to be placed on the agenda at a regular meeting of the board of commissioners will be submitted to the clerk of the board of commissioners by noon, two days prior to the regularly scheduled meeting. The proposed agenda will be submit ted by the clerk to the chairman by not later than 5:00 P.M., two days prior to the regu larly scheduled meeting for the chairman's approval. The approved agenda will be delivered to all members of the board of commissioners by not later than 4:00 P.M. on the day prior to the meeting. At the meeting of the board of commissioners, any member may make a motion to add any item to the agenda and if there is a second to that motion, the board of commissioners may consider, discuss, and debate that item, but no final action or vote may be taken on any item at the same meeting at which such item is added to the agenda."
Section 2. Said Act is further amended by adding at the end of Section 18 new sub sections (d) and (e) to read as follows:
"(d) The commission or individual commissioners may communicate with county employees who are subject to appointment and removal by the county manager for the purposes of inquiry and information. Except for the purpose of inquiry and information, the commission and individual commissioners shall deal with county employees who are subject to appointment and removal by the county manager solely through the county manager and shall not give orders or directions to any such employee, either publicly or privately, directly or indirectly.
(e) Anything in this Act or any other law to the contrary notwithstanding, the county manager's authority to prepare and submit annually to the board of commis sioners a proposed balanced budget shall not extend to or include the proposed annual budgets prepared by elected county officers for their respective departments or agencies.

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JOURNAL OF THE HOUSE,

The elected county officers may prepare their respective proposed annual budgets inde pendently of the county manager and submit them directly to the finance committee of the board of commissioners without alteration or amendment by the county manager. The proposed annual budgets of the elected county officers shall be submitted to the finance committee at the same time that the proposed annual budget prepared by the county manager is submitted to the board, and such proposed annual budgets of the elected county officers shall be considered by the finance committee as a part of the total annual budget for the county government. The finance committee of the Board of Commissioners of Chatham County shall be composed of the chairman and vice-chair man of the board and at least three other members of the board of commissioners who shall be appointed by the chairman. The designation of the finance committee by this Act shall not prohibit or in any way limit the authority of the board of commissioners to create and establish any other committees of the board as are necessary to carry out the business of the board of commissioners. For the purposes of this subsection, the pro posed annual budget of an elected county officer shall include the operating, capital, and capital improvement program budgets for the department or agency of the elected county officer. As used in this subsection, 'elected county officer' means the sheriff, clerk of the superior court, judge of the probate court, and tax commissioner of Chatham County."
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.

SB 277. By Senator Deal of the 49th:
A bill to amend an Act establishing the State Court of Hall County, as amended, so as to change the terms of said court.

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs moves to amend SB 277 as follows:
By deleting on page 1, lines 11 thru 14 in its entirety and inserting:
"Section 20. - There shall be six terms of the State Court of Hall County each year, being the first Monday in May and November and the second Monday in January, March, July, and September.".

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.

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 121. By Senators Barnes of the 33rd, McKenzie of the 14th and Dean of the 31st:

FRIDAY, MARCH 6, 1987

1925

A bill to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to parent and child relationships, so as to pro vide for the reporting of actual or suspected juvenile drug use; to provide for immunities and exemptions; to provide for criminal penalties; to amend Arti
cle 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to records of child abuse and deprivation, so as to provide that such
article shall apply to child controlled substance or marijuana abuse.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Anno tated, relating to parent and child relationships, so as to provide purposes and construc tion; to provide for the reporting of actual or suspected juvenile drug use; to prohibit certain disciplinary rules or penalties; to provide for immunities and exemptions; to pro vide reporting procedures; to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to records of child abuse and deprivation, so as to provide for the confidentiality of reports of child controlled substance or marijuana abuse; to pro vide for permitted access and use of such reports; to provide for the sealing of records; to provide penalties for the provision of unpermitted access to records; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Anno tated, relating to parent and child relationships, is amended by adding at the end thereof a new Code Section 19-7-6 to read as follows:
"19-7-6. (a) The purpose of this Code section is to provide for the protection of children whose health and welfare are adversely affected and further threatened by the unlawful use and abuse of controlled substances or marijuana. The General Assembly recognizes the need for early intervention, counseling, and treatment as an effective means of addressing the problem of child controlled substance and marijuana abuse. It is intended that the reporting of the unlawful use of any controlled substance or mari juana will cause the protective services of the state to be brought to bear on this situa tion in an effort to protect and enhance the welfare of children. This Code section shall be liberally construed so as to carry out the purposes thereof.
(b) Any person exercising in loco parentis control over a child under the age of 18 years who has reasonable cause to believe that the child is habitually using in an unlaw ful manner any controlled substance or marijuana, as defined in Code Section 16-13-21, is encouraged to report such information to the child's parents and a child welfare agency providing protective services, as designated by the Department of Human Resources.
(c) When the attendance of the person exercising in loco parentis control over a child is pursuant to the performance of services as a member of the staff of any school, social agency, or similar facility, the reporting person shall notify the person in charge of the facility or his designated delegate; and such person or his delegate shall report or cause reports to be made in accordance with this Code section.
(d) An oral report shall be made as soon as possible by telephone or otherwise and shall be followed by a report in writing, if requested, to the child welfare agency provid ing protective services, as designated by the Department of Human Resources. Such report shall contain the names and addresses of the child and his parents or caretakers, if known, the child's age, and the nature and extent of the child's controlled substance or marijuana abuse history, if known.
(e) No agency or political subdivision of this state shall enact or enforce any disci plinary rule or penalty against an employee of the state or of any political subdivision of the state for failure to make any report referred to in subsection (b), (c), or (d) of this Code section.

1926

JOURNAL OF THE HOUSE,

(f) Any person or persons, partnership, firm, corporation, association, hospital, or other entity participating in the making of a report or causing a report to be made to a child welfare agency providing protective services pursuant to this Code section or any other law or participating in any judicial proceeding or any other proceeding resulting therefrom shall, in doing so, be immune from any civil or criminal liability that might otherwise be incurred or imposed if such participation, pursuant to this Code section or any other law, is made in good faith. Any person making a report, whether required by this Code section or not, shall be immune from liability as provided in this subsection.
(g) Any person or official required to report under this Code section shall be exempt from reporting any information received from the child during a counseling or treatment program.
(h) The child welfare agency providing protective services, as designated by the Department of Human Resources, shall forward a copy of all reports wherein the report ing person or official has actual knowledge that a child under the age of 18 has unlaw fully consumed or otherwise used any controlled substance or marijuana to the juvenile court. As used in this subsection, the term 'juvenile court' means the court exercising jurisdiction over juvenile matters, as defined under Code Section 15-11-2, in the county where the report was made."
Section 2. Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to records of child abuse and deprivation, is amended by striking in its entirety Code Section 49-5-40, relating to what records are confidential or restricted, and inserting in lieu thereof a new Code Section 49-5-40 to read as follows:
"49-5-40. Each and every record concerning reports of child abuse and neglect and child controlled substance or marijuana abuse which is in the custody of the department or other state or local agency is declared to be confidential, and access thereto is prohib ited except as provided in Code Section 49-5-41 and Code Section 49-5-41.1."
Section 3. Said article is further amended by inserting immediately following Code Section 49-5-41 a new Code section, to be designated Code Section 49-5-41.1, to read as follows:
"49-5-41.1. (a) Notwithstanding Code Section 49-5-40, all reports, files, and records of child controlled substance or marijuana abuse shall be open to inspection only upon order of the juvenile court. As used in this Code section, the term 'juvenile court' means the court exercising jurisdiction over juvenile matters, as defined under Code Section 15-11-2, in the county where the report was made.
(b) The juvenile court may permit authorized representatives of recognized organiza tions compiling statistics for proper purposes to inspect and make abstracts from official records under whatever conditions upon their use and distribution the judge may deem proper and may punish by contempt any violation of those conditions. The judge shall permit authorized representatives of the Department of Human Resources and the Council of Juvenile Court Judges to inspect and extract data from child controlled sub stance and marijuana abuse records for the purpose of obtaining statistics on juveniles and to make copies pursuant to the order of the court.
(c) In no case shall records of child controlled substance or marijuana abuse be retained by the Department of Human Resources beyond the 24 months from the date a report is first received pursuant to Code Section 19-7-6 by a child welfare agency pro viding protective services.
(d) On application of a person who is the subject of a child controlled substance or marijuana abuse report, and after a hearing, the juvenile court may order the sealing of such reports, files, and records of the Department of Human Resources. Upon entry of the order, the Department of Human Resources shall treat the report and related information as if the report had never occurred. All index references shall be deleted and the person, the court, and the Department of Human Resources shall properly reply that no record exists with respect to the person upon inquiry in any matter. Inspection of the sealed files and records thereafter may be permitted by an order of the juvenile court upon petition by the person who is the subject of the records and only by those persons named in the order."

FRIDAY, MARCH 6, 1987

1927

Section 4. Said article is further amended by adding at the end thereof a new Code section, to be designated Code Section 49-5-45, to read as follows:
"49-5-45. Any person who authorizes or permits any person or agency not authorized by the juvenile court pursuant to Code Section 49-5-41.1 to have access to such records concerning reports of child controlled substance or marijuana abuse declared confiden tial by Code Section 49-5-40 shall be guilty of a misdemeanor."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Adams.G
Adams,M Y Aiken Y Alford
Y Alien Y Athon Y Atkins Y Bailey
Balkcom N Bannister N Bargeron Y Barnett.B Y Barnett,M YBeck
Benefield
Benn Y Birdsong
Bishop Y Bostick Y Branch YBray N Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Childs Clark,B Clark,L

Y Colbert Y Coleman Y Colwell
Connell Y Cooper Y Couch YCox N Crawford
Crosby Y Cummings
Davis.G Y Davis.M Y Dixon Y Dobbs N Dover
Dunn Y Edwards N Felton Y Floyd
Foster Galer Y Godbee Y Goodwin Green N Greene Y Greer Y Gresham Y Griffin Y Groover N Hamilton Y Manner Y Harris Y Hasty YHays N Heard Hensley

N Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson
Y Jackson,J Y Jackson, W N Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord Y Lucas
Lupton Y Mangum
N Martin Y McDonald Y McKelvey N McKinney Y Milam
Milford
Y Mobley Y Moody
Moore Y Morton

Mostiler Y Moultrie Y Mueller Y Oliver N Crock
Y Padgett Y Pannell
Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom YRay Y Reaves N Redding Y Richardson
Y Ricketeon Y Robinson.C Y Robinson,P Y Royal Y Selman Y Shepard
Y Sherrod Y Simpson
Sinkfield

Y Sizemore
Y Smith.L Y Smith,? Y Smith.T N Smith,W
YSmyre Snow
Y Stancil Stanley Steinberg
Y Stephens Y Thomas.C N Thomas.M
Thompson Thurmond Y Townsend Y Triplett Y Twiggs Waddle Y Waldrep Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Williams.B Williams,.] Wilson Y Wood Workman Y Yeargin Young Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 123, nays 17.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The following Bill of the Senate was taken up for the purpose of considering the House action in placing the same upon the table:

SB 33. By Senator Peevy of the 48th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions regarding local government, so as to pro vide for criminal penalties in certain cases where garbage, trash, waste, or refuse is transported across state or county boundaries for the purpose of dumping without permission.

1928

JOURNAL OF THE HOUSE,

Representative Mobley of the 64th moved that SB 33 be taken from the table. On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
YAdams,G Y Adams.M
Aiken N Alford N Alien
Y Athon N Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett,B Y Bamett,M
Beck Y Benefield
Benn Y Birdsong
Bishop Y Bostick Y Branch YBray
Brooks Y Brown YBuck
N Buford NByrd Y Carrell
Y Carter N Chambless N Chance
Cheeks Y Childere N Childs
Clark.B Y Clark,L

Y Colbert Y Coleman Y Colwell
Connell
Cooper Y Couch YCox Y Crawford Y Crosby N Cummings Y Davis,G Y Davis.M Y Dixon
Dobbs Y Dover
Dunn Y Edwards N Felton
N Floyd Y Foster Y Galer YGodbee Y Goodwin
Green
Y Greene Y Greer
Gresham Y Griffin Y Groover Y Hamilton Y Manner
Y Harris Hasty
YHays
Y Heard N Hensley

Y Herbert N Holcomb Y Holmes Y Hooks
Y Hudson Y Isakson Y Jackson.J Y Jackson,W Y Jamieson N Johnson,D N Johnson.R
Y Kilgore Y Kingston YLane,D
Y Lane.R Y Langford N Lawler N Lawrence Y Lawson
YLee N Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin
McDonald Y McKelvey
McKinney YMilam N Milford
Mobley N Moody
Moore N Morion

On the motion, the ayes were 107, nays 32. The motion prevailed.

Mostiler N Moultrie
Mueller Oliver NOrrock
Y Padgett
Y Pannell Parham
N Parrish Y Patten Y Peters Y Pettit
Phillips Pinkston
Y Pittman Y Porter Y Powell N Prichard
Y Rainey Y Ramsey.T Y Ramsey.V
Randall N Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman N Shepard Y Sherrod Y Simpson
Sinkfield

N Sizemore Y Smith,L
Y Smith,? Smith,T
Y Smith.W
Smyre Snow Y Stancil Y Stanley N Steinberg Y Stephens
Y Thomas,C N Thomas,M
Thompson Y Thurmond N Townsend Y Triplett
YTwiggs Y Waddle Y Waldrep N Walker.C Y Walker,L
Y Wall Ware
Y Watson
Y Watts White Wilder
Y Williams,B Williams^ Wilson
YWood Workman Yeargin
Y Young Murphy.Spkr

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

HB 290. By Representative Pettit of the 19th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings generally, so as to grant exclusive original jurisdiction in the juvenile court 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 Senate substitute was read:

A BILL
To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings generally, so as to grant exclusive original jurisdic tion in the juvenile court 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; to provide for hearings to provide for the imposition of certain sanc tions for commissions of juvenile traffic offenses; to provide for the transfer of cases to

FRIDAY, MARCH 6, 1987

1929

the delinquency calendar; to provide for submitting a report of the adjudication and dis position of juvenile traffic offenses; to provide for the use of such reports; to provide for construction; to provide for application of the provisions relating to juvenile traffic offenses; to create a fund composed of fines remitted by offenders; to provide for the administration and use of such fund; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings generally, 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 trans ferred 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 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 article. 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 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 article. 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. A juvenile traffic offense consists of a violation by a person under the age of 17 of:

1930

JOURNAL OF THE HOUSE,

(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 trans ferred to the delinquency calendar as provided in subsection (h) of this Code section.
(c) The juvenile court shall comply with all applicable provisions of Title 40 when hearing juvenile traffic offenses, including such cases transferred to the delinquency calendar, to the extent such title is not inconsistent with the provisions of this Code section and this article, and nothing in this Code section shall be construed as prohib iting 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 uniform traffic 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 proceed
ings 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 pro ceedings 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) Require the child to participate in a program of community service as specified
by the court, including service with the Georgia Youth Conservation Corps, which the
judge shall be empowered to so order; (5) Order the child to remit to the fund created in subsection (j) of this Code
section a sum not exceeding the maximum applicable to an adult for a like offense; (6) Impose any sanction authorized by Title 40 to be imposed on an adult for a
like offense, except that the period of actual commitment imposed shall not exceed
two years; or (7) 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. (g) If a fine is assessed under subsection (f) of this Code section, the fine shall be subject to all additions and penalties as specified for fines under Title 40, including, but not limited to, amounts for peace officer and prosecutor training and amounts for retire
ment funds.
(h) 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 article. 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.
(i) Upon a finding that the child has committed a juvenile traffic offense which
would be a violation of Title 40 if committed by an adult, the court shall forward, within

FRIDAY, MARCH 6, 1987

1931

15 days, a report of the final adjudication and disposition of the charge to the Depart ment of Public Safety. The Department of Public Safety shall record the adjudication and disposition of the offense on the child's permanent record and such adjudication and disposition shall be deemed a conviction for the purpose of suspending or revoking the individual's driver's license. Such record shall also be available to law enforcement agencies and courts as are the permanent traffic records of adults,
(j) (1) There is created a fund in each juvenile court to be comprised of fines remitted under paragraph (5) of subsection (f) of this Code section. The judge of the juvenile court or his designee shall be the custodian of the fund.
(2) The fund shall be used in the county for the purpose of developing and provid ing appropriations to community based services for children. Priority shall be given to expenditures for services for children who have been found to have committed a delinquent act.
(3) The judge of the juvenile court is authorized to create a children and youth coordinating council composed of representatives of children services agencies of the county. The council shall advise and assist the judge in the administration of the fund and otherwise perform such functions assigned by the judge in developing community based services."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Pettit of the 19th moved that the House disagree to the Senate substi tute to HB 290.
The motion prevailed.

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:
SB 287. By Senator Echols of the 6th:
A bill to amend Code Section 19-3-30 of the Official Code of Georgia Anno tated, relating to when, where, and by whom marriage licenses are issued, so as to provide that if one of the persons to be married is a resident of this state, the license may be issued in any county of this state.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford
Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck

Y Benefield Benn
Y Birdsong Bishop
Y Bostick Y Branch
Bray Brooks Y Brown YBuck
Y Buford YByrd Y Carrell Y Carter
Chambless

Y Chance
Y Cheeks Y Childers
Childs Clark.B Y Clark.L
Y Colbert Y Coleman Y Colwell
Connell Cooper Y Couch YCox Y Crawford Y Crosby

Y Cummings
Y Davis,G Y Davis,M Y Dixon
Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd
Y Foster YGaler Y God bee Y Goodwin
Green

Y Greene Y Greer
Gresham Y Griffin
Y Groover Y Hamilton Y Manner
Y Harris Y Hasty YHays Y Heard Y Hensley Y Herbert Y Holcomb Y Holmes

1932

JOURNAL OF THE HOUSE,

Y Hooks Y Hudson Y Isakson Y Jackson.J Y Jackson.W Y Jamieson
Y Johnson.D
Y Johnson.R
Y Kilgore
Y Kingston
Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee
Y Linder YLong YLord Y Lucas

Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey Y McKinney Y Milam Y Milford Y Mobley Y Moody
Moore N Morton
Mostiler Y Moultrie Y Mueller Y Oliver
Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish

Y Patten Y Peters Y Pettit
Phillips Pinks ton Y Pittman Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T
Y Ramsey.V Randall
Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson,P

Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield Y Sizemore Y Smith,L Y Smith,?
Smith.T Y Smith,W
Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas.M
Thompson Y Thurmond

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
Williams.B Williams,J Wilson Y Wood Y Workman
Y Yeargin Y Young
Murphy.Spkr

On the passage of the Bill, the ayes were 150, nays 1. The Bill, having received the requisite constitutional majority, was passed.

SB 136. By Senators Dawkins of the 45th, Peevy of the 48th, Bowen of the 13th and others:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Anno tated, relating to waste management, so as to provide immunity for providing assistance and advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials; to provide for definitions; to provide for other matters relative to the foregoing; to provide an effective date.

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

N Aaron
Y Adams.G Y Adams,M
Aiken Y Alford Y Alien Y Athon
Y Atkins
Y Bailey
Balkcom Y Bannister
Y Bargeron
Y Barnett.B Y Barnett,M
YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick
Branch
Bray Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Chambless

Chance Y Cheeks Y Childers Y Childs
Clark.B
Y Clark.L Y Colbert Y Coleman Y Colwell
Y Connell
Cooper Y Couch YCox
Y Crawford
Y Crosby Y Cummings Y Davis.G Y Davis.M
Dixon
Y Dobbs Y Dover
Dunn
Y Edwards Y Felton
Floyd Y Foster Y Galer
N Godbee Y Goodwin Y Green

Y Greene Y Greer
Gresham
Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty YHays Y Heard Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence

Y Lawson YLee Y Linder
YLong YLord
Lucas Y Lupton
Y Mangum
Y Martin McDonald
Y McKelvey McKinney
Y Milam Y Milford
Mobley
Y Moody Moore
Y Morton Mostiler
Y Moultrie Mueller
Y Oliver Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Peters
Y Pettit

Phillips Pinkston
Y Pittman Y Porter Y Powell Y Prichard
Rainey Y Ramsey.T
Y Ramsey.V Randall
Y Ransom
Ray Y Reaves
Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson,P Y Royal Y Selman
Shepard Y Sherrod Y Simpson
Sinkfield
Y Sizemore Smith.L
Y Smith,P Smith.T Smith,W
Smyre

FRIDAY, MARCH 6, 1987

1933

YSnow Y Stancil Y Stanley
Y Steinberg Y Stephens
Thomas.C

Y Thomas.M Thompson Thurmond
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 Williams,J

Wilson
Y Wood Workman
Y Yeargin
Y Young Murphy,Spkr

On the passage of the Bill, the ayes were 136, nays 2. The Bill, having received the requisite constitutional majority, was passed.

SB 223. By Senator Baldwin of the 29th:
A bill to amend Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to times, places, and procedures relating to pro bate courts, so as to change certain provisions relating to the location of the office 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 roll call was ordered and the vote was as follows:

Y Aaron Y Adams,G Y Adams.M
Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell
Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Childs
Clark.B Y Clark,L

Y Colbert Coleman
Y Colwell Y Connell
Cooper Y Couch YCox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis,M Y Dixon YDobbs Y Dover Y Dunn Y Edwards Y Felton
Floyd Y Foster
Galer YGodbee Y Goodwin
Green Y Greene Y Greer
Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert Y Holcomb Y Holmes
Y Hooks Y Hudson Y Isakson Y Jackson.J Y Jackson, W Y Jamieson
Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane.R
Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin
McDonald
Y McKelvey McKinney
Y Milam Y Milford Y Mobley Y Moody
Y Moore Y Morion

Mostiler
Y Moultrie Mueller
Y Oliver Y Orrock
Y Padgett Y Pannell
Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Pinkston
Y Pittman Y Porter Y Powell Y Prichard Y Rainey
Y Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson,? Y Royal Y Selman
Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith,L Y Smith,P
Y Smith.T Y Smith.W
Smyre
YSnow Y Stancil
Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas.M
Thompson Y Thurmond 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
Williams,J Wilson
Y Wood Workman
Y Yeargin
Y Young Murphy.Spkr

On the passage of the Bill, the ayes were 150, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The Speaker Pro Tern assumed the Chair.

SB 189. By Senators Dawkins of the 45th and Hine of the 52nd:

1934

JOURNAL OF THE HOUSE,

A bill to amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to abuse of governmental office, so as to change certain provisions relating to receiving funds or other things of value to enforce penal laws or regulations; to authorize the solicitation or acceptance of equipment or funds by certain law enforcement officers to be used for cer
tain law enforcement purposes.

The following amendment was read and adopted:

Representatives Alford of the 57th and Walker of the 115th move to amend SB 189 as follows:
Strike from page 2, line 19 the following:
"solicitation or"

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

Y Aaron Y Adams.G Y Adams.M
Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Harriett,B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong
Bishop Y Bostick Y Branch
Bray Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Clark.B
Y Clark,L

Y Colbert Coleman
Y Colwell
Connell Cooper Y Couch YCox Y Crawford
Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon
YDobbs Y Dover
Y Dunn Edwards
Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer
Gresham Y Griffin
Groover Y Hamilton Y Manner Y Harris Y Hasty YHays
Y Heard Y Hensley

Y Herbert Y Holcomb
Y Holmes Y Hooks Y Hudson YIsakson Y Jackson.J Y Jackson,W Y Jamieson
Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
Y McDonald Y McKelvey
McKinney Milam Y Milford
Y Mobley Moody
Y Moore Y Morton

Mostiler Y Moultrie
Y Mueller Y Oliver Y Orrock
Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman
Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay
Reaves Y Redding Y Richardson
Y Ricketson Y Robinson,C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith.L
Y Smith,? Smith.T
Y Smith,W Smyre
YSnow Y Stancil
Y Stanley Y Steinberg Y Stephens
Thomas.C
Y Thomas.M Thompson
Y Thurmond
Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C
Walker,L Y Wall
Ware Watson Watts White Y Wilder Y Williams,B Williams,J Wilson Y Wood Workman Y Yeargin
Young Murphy,Spkr

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

SR 70. By Senator Hine of the 52nd:

FRIDAY, MARCH 6, 1987

1935

A RESOLUTION
Creating the Joint Study Committee on Residential High Schools for the Arts; and for other purposes.
WHEREAS, residential high schools for the arts have consistently sought and achieved excellence in education in their outstanding dedication to and ability in maintain ing high-quality programs in the arts, culture, music, drama, and creative writing; and
WHEREAS, there is a compelling need to determine whether the establishment of such schools in Georgia is necessary and appropriate, whether the establishment of such schools would be compatible with the Quality Basic Education Program, and to determine the cost of establishing such schools.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that there is created the Joint Study Committee on Residential High Schools for the Arts to be composed of eight members as follows: one member of the Continuation Subcommittee of the Committee on Appropriations of the Senate, one member of the Senate Education Committee, one additional member of the Senate, and one member of the Georgia Council for the Arts who shall all be appointed by the President of the Senate; one member of the Continuation Subcommittee of the Committee on Appropriations of the House of Representatives, one member of the House Education Committee, one additional member of the House of Representatives, and one member of the Georgia Council for the Arts who shall all be appointed by the Speaker of the House of Representatives. The President of the Senate 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 conditions, needs, issues, and problems mentioned above or related thereto and recom mend any actions or legislation which the committee deems necessary or appropriate. 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 legislative members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized. Any member of the committee who is a citizen at large shall receive no compensation from state funds for his services but shall be reim bursed for his actual and necessary expenses incurred in the performance of official committee business but shall receive the same for not more than ten days unless addi tional days are authorized. The funds necessary to carry out the provisions of this resolu tion shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for pro posed legislation, if any, such report shall be made on or before December 1, 1987, on which date the committee shall stand abolished.

The following Committee substitute was read and adopted:

A RESOLUTION
Creating the Joint Study Committee on Residential High Schools for the Arts; and for other purposes.
WHEREAS, residential high schools for the arts have consistently sought and achieved excellence in education in their outstanding dedication to and ability in maintain ing high-quality programs in the arts, culture, music, drama, and creative writing; and
WHEREAS, there is a compelling need to determine whether the establishment of such schools in Georgia is necessary and appropriate, whether the establishment of such schools would be compatible with the Quality Basic Education Program, and to determine the cost of establishing such schools.

1936

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that there is created the Joint Study Committee on Residential High Schools for the Arts to be composed of eight members as follows: one member of the Continuation Subcommittee of the Committee on Appropriations of the Senate, one member of the Senate Education Committee, one additional member of the Senate, and one member of the Georgia Council for the Arts who shall all be appointed by the President of the Senate; one member of the Continuation Subcommittee of the Committee on Appropriations of the House of Representatives, one member of the House Education Committee, one additional member of the House of Representatives, and one member of the Georgia Council for the Arts who shall all be appointed by the Speaker of the House of Representatives. The chairman shall be elected by the members of the committee and shall call all meetings of the committee; provided, however, that the organizational meeting shall be called by the President of the Senate.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recom mend any actions or legislation which the committee deems necessary or appropriate. 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 legislative members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days. Any member of the committee who is a citizen at large shall receive no compensation from state funds for his services but shall be reimbursed for his actual and necessary expenses incurred in the performance of official committee business 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 of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for pro posed legislation, if any, such report shall be made on or before December 1, 1987, on which date the committee shall stand abolished.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron
YAdams,G Y Adams,M
Aiken YAlford
Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister
Y Bargeron Y Barnett,B Y Barnett.M
Y Beck YBenefield Y Benn
Birdsong Bishop
Bostick Branch Bray Y Brooks Y Brown Y Buck
YBuford YByrd Y Carrell

Y Carter
Y Chambless Y Chance Y Cheeks YChilders
Y Childs Clark.B
Y Clark.L Y Colbert
Coleman Colwell
Connell Cooper Y Couch
Y Cox Y Crawford Y Crosby Y Cummings Y Davis,G
Y Davis,M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards
YFelton Y Floyd Y Foster

Y Galer
Y Godbee Y Goodwin Y Green Y Greene
Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Manner
Y Harris Y Hasty Y Hays
Y Heard Y Hensley Y Herbert Y Holcomb Y Holmes
Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson
Y Johnson.D Y Johnson,R Y Kilgore

Y Kingston
Y Lane.D Y Lane.R Y Langford Y Lawler
Y Lawrence Y Lawson Y Lee Y Linder Y Long Y Lord
Lucas Y Lupton Y Mangum
Y Martin McDonald
Y McKelvey McKinney Milam
Y Milford Y Mobley Y Moody Y Moore Y Morton
Mostiler
Y Moultrie Y Mueller Y Oliver

Y Orrock
Y Padgett Pannell Parham
Y Parrish
Y Patten Y Peters Y Pettit
Phillips Pinkston Y Pittman
Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
Y Ray Reaves Redding
Y Richardson Y Ricketson
Robinson.C
Y Robinson,P Y Royal Y Selman

FRIDAY, MARCH 6, 1987

1937

Y Shepard YSherrod
Simpson
YSinkfleld Y Sizemore Y Smith,L YSmith.P Y Smith.T

Y Smith,W Smyre
Y Snow
Stancil Y Stanley
Steinberg Y Stephens Y Thomas.C

Y Thomas.M Thompson
Y Thurmond
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 William3,J Wilson
Y Wood Workman
Y Yeargin Y Young
Murphy,Spkr

On the adoption of the Resolution, by substitute, the ayes were 144, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

SB 169. By Senator Scott of the 2nd:
A bill to amend Code Section 17-7-211 of the Official Code of Georgia Anno tated, relating to the right of defendant to copies of written scientific reports which will be introduced in evidence, so as to provide that certain written scientific reports from the Georgia Bureau of Investigation shall be admis sible as evidence of the truth of the test results.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 17-7-211 of the Official Code of Georgia Annotated, relating to the right of defendant to copies of written scientific reports which will be introduced in evidence, so as to provide that certain written scientific reports from the Georgia Bureau of Investigation shall be admissible as evidence of the truth of the test results, not withstanding any objections on the grounds of hearsay, authenticity, or foundation and without the necessity of the appearance and testimony of the employee who performed the test, unless the defendant or his attorney files and serves on the prosecution a certificate stating the need for examination in open court of the employee who performed the test; to provide procedures; to provide certain conditions; to provide an exception with respect to any case in which the prosecution has announced its intention to seek the penalty of death; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 17-7-211 of the Official Code of Georgia Annotated, relating to the right of defendant to copies of written scientific reports which will be introduced in evidence, is amended by adding at the end thereof a new subsection (d) to read as fol lows:
"(d) (1) Whenever the prosecution furnishes to the defendant not less than ten days prior to trial a written scientific report of a scientific test or analysis made by an employee of the Georgia Bureau of Investigation and whenever said report is prop erly authenticated pursuant to Code Section 24-7-20, the written scientific report shall then be admissible at trial as evidence of the truth of the test results reported therein, notwithstanding any objections on the grounds of heresay, authenticity, or foundation and without the necessity of the appearance and testimony of the employee who per formed the test, unless the defendant shall file and serve on the prosecution not later than five days prior to trial a certificate under oath made by the defendant or his attorney which affirms the following:
(A) The defendant or his attorney has examined the written scientific report; (B) The defendant or his attorney verily believes, after an examination of such report, that an examination in open court at trial of the employee who performed the test analysis will be significant to the defense; and (C) The defendant or his attorney is making the certificate in good faith and not for the purpose of delay or harassment.

1938

JOURNAL OF THE HOUSE,

(2) The provisions of this subsection shall not apply in any case in which the prosecution has announced its intention to seek the penalty of death."
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:

N Aaron Y Adams.G N Adams.M
Aiken
NAlford Y Alien N Athon Y Atkins Y Bailey NBalkcom N Bannister N Bargeron N Barnett.B N Bamett.M
Beck Y Benefield
Benn NBirdsong
Bishop N Bostick N Branch
Bray N Brooks N Brown YBuck NBuford NByrd N Carrell N Carter Y Chambless N Chance N Cheeks N Childere N Childs
Clark.B Clark.L

N Colbert Coleroan
N Colwell Connell
Y Cooper Y Couch YCox Y Crawford Y Crosby N Cummings N Davis.G N Davis.M Y Don
Y Dobbs N Dover NDunn Y Edwards N Felton N Floyd N Foster
Galer N Godbee Y Goodwin
Green N Greene Y Greer
Gresham N Griffin Y Groover Y Hamilton
Manner N Harris N Hasty YHays
Y Heard N Hensley

Y Herbert N Holcomb Y Holmes
Y Hooks N Hudson Y Isakson
Y Jackson,J N Jackson.W N Jamieson
Johnson.D Y Johnson.R Y Kilgore N Kingston N Lane,D N Lane.R N Langford Y Lawler N Lawrence Y Lawson YLee Y binder
Long YLord
Lucas Y Lupton
N Mangum Y Martin
McDonald N McKelvey
McKinney Milam Milford Mobley N Moody Moore N Morton

Mostiler N Moultrie Y Mueller Y Oliver
N Orrock Y Padgett N Pannell
Parham Y Parrish Y Patten N Peters Y Pettit N Phillips
Pinkston
Y Pittman Porter
N Powell N Prichard
N Rainey Y Ramsey.T N Ramsey.V N Randall Y Ransom
NRay Y Reaves N Redding
Richardson Y Ricketson N Robinson.C Y Robinson.P
N Royal Selman Shepard
N Sherrod Y Simpson N Sinkfield

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

On the passage of the Bill, by substitute, the ayes were 62, nays 82.
The Bill, by substitute, having failed to receive the requisite constitutional majority, was lost.

Representative Groover of the 99th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to SB 169.

Representative Mangum of the 57th District, Chairman of the Committee on Edu cation, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HR 341 Do Pass

FRIDAY, MARCH 6, 1987

1939

Respectfully submitted, /s/ Mangum of the 57th
Chairman

The following Resolution of the House was read and adopted:

HR 414. By Representatives Carter of the 146th, Sherrod of the 143rd, Walker of the 115th, Royal of the 144th, Balkcom of the 140th and others:
A resolution recognizing and commending Honorable Henry Reaves.

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 239. By Senator Garner of the 30th:
A bill to amend Code Section 43-18-41 of the Official Code of Georgia Anno tated, relating to qualifications of applicants for a license as either an embalmer or a funeral director, so as to change certain provisions relating to apprentices; to provide for the termination of certain apprenticeships.

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

Y Aaron
Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien YAthon Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M
Beck
Y Benefield Benn Birdsong Bishop
Y Bostick Y Branch
Bray Brooks Y Brown
YBuck Y Buford YByrd YCarrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs
Clark.B
Y Clark.L

Y Colbert Coleman
Y Colwell
Connell Cooper Y Couch YCox
Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Edwards Y Felton Y Ployd Y Foster Y Galer YGodbee Y Goodwin Y Green Y Greene Y Greer Gresham Y Griffin Y Groover Y Hamilton Manner Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert
Y Holcomb Y Holmes Y Hooks
Hudson
Y Isakson Jackson,J Jackson.W
Y Jamieson Y Johnson.D Y Johnson,R
Kilgore Y Kingston
Y Lane,D Y Lane,R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin
McDonald Y McKelvey
McKinney Milam
Y Milford Y Mobley Y Moody Y Moore
Y Morton

Mostiler Moultrie Y Mueller Y Oliver
Y Orrock Y Padgett
Y Pannell Parham
Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston
Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
Ray Y Reaves
Redding Y Richardson
Ricketson
Y Robinson.C Y Robinson.P Y Royal Y Selman
Shepard Y Sherrod Y Simpson Y Sinkfleld

Y Sizemore Y Smith.L Y Smith.P
Smith.T Smith.W Smyre YSnow
Y Stancil Y Stanley
Y Steinberg Y Stephens Y Thomas.C Y Thomas,M Y Thompson Y Thurmond
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.J Wilson 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

1940

JOURNAL OF THE HOUSE,

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

HB 726. By Representatives Lawson of the 9th, Williams of the 48th and Colbert of the 23rd:
A bill to amend Code Section 33-34-2 of the Official Code of Georgia Anno tated, relating to definitions of terms used in the "Georgia Motor Vehicle Accident Reparations Act", so as to redefine what shall be considered as the operation, maintenance, or use of a motor vehicle.

The following Senate substitute was read:

A BILL
To amend Code Section 33-34-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Georgia Motor Vehicle Accident Reparations Act," so as to redefine what shall be considered as the operation, maintenance, or use of a motor vehicle; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-34-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Georgia Motor Vehicle Accident Reparations Act," is amended by striking paragraph (9) in its entirety and inserting in lieu thereof a new para graph (9) to read as follows:
"(9) 'Operation, maintenance, or use of a motor vehicle' means operation, mainte nance, or use of a motor vehicle as a vehicle. The term does not include the following:
otherwise maintaining a motor vehicles vehicle by any person acting within the course of his employment in any business on the premises of such business unless the eenehet eeeafs oft the business premises or involves the actual operation ef a eter vchi' cle fts t vehicle on business premises ot conduct tR tne course ot ioftdin^ &nu
trie venicie unless tne conduct occurs wRile occupying rtr sucn person is actually driving the motor vehicle; or
(B) Loading or unloading a motor vehicle by any person acting within the course of his employment in any business."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Lawson of the 9th moved that the House agree to the Senate substi tute to HB 726.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams,G Y Adams.M
Aiken Y Alford
Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Bamett.B Y Barnett,M
Beck Y Benefield
Benn

Birdsong Bishop Y Bostick Y Branch Y Bray
Brooks Y Brown Y Buck Y Buford Y Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Childs

Clark.B Y Clark,L Y Colbert
Coleman Y Colwell
Connell Cooper Y Couch Y Cox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover

Y Dunn Y Edwards Y Felton Y Floyd Y Foster
Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer
Gresham Y Griffin Y Groover Y Hamilton Y Hanner
Harris

Y Hasty Y Hays Y Heard
Hensley Y Herbert
Y Holcomb Y Holmes Y Hooks
Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson,D Y Johnson.R
Kilgore Y Kingston

FRIDAY, MARCH 6, 1987

1941

Y Lane.D Lane,R
YLangford
Lawler Y Lawrence Y Lawson Y Lee Y Under
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
McDonald Y McKelvey
McKinney Milam YMilford

Y Mobley Y Moody Y Moore
Y Morton Mostiler Moultrie
Y Mueller Y Oliver
YOrrock YPadgett YPannell
Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman

Porter Y Powell Y Prichard
Y Rainey Ramsey.T
Y Ramsey.V Y Randall Y Ransom
Y Ray Reaves
Y Redding Y Richardson
Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod

On the motion, the ayes were 141, nays 0. The motion prevailed.

Y Simpson Y Sinkfield Y Sizemore
Y Smith,L Y Smith,P
Smith,T Y Smith,W
Smyre
Y Snow Y Stancil Y Stanley Y Steinberg
Stephens Y Thomas.C Y Thomas,M Y Thompson
Thurmond 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 Williams J Wilson
Y Wood Workman
Y Yeargin Y Young
Murphy,Spkr

HB 623. By Representatives Randall of the 101st and Martin of the 26th:
A bill to amend Code Section 15-9-36 of the Official Code of Georgia Anno tated, relating to the judge of the probate court as clerk thereof and the appointment and powers of other clerks, so as to provide that a chief clerk or clerk designated by the judge of the probate court may sign orders in uncontested matters; to provide that such clerk must have been a member of the State Bar of Georgia for at least three years or have been a clerk in the probate court for at least five years.

The following Senate substitute was read:

A BILL
To amend Code Section 15-9-36 of the Official Code of Georgia Annotated, relating to the judge of the probate court as clerk thereof and the appointment and powers of other clerks, so as to provide that a chief clerk or clerk designated by the judge of the probate court may exercise all the jurisdiction of the judge of the probate court in uncon tested matters; to provide that such clerk must have been a member of the State Bar of Georgia for at least three years or have been a clerk in the probate court for at least five years; to provide for applicability only in counties having 150,000 or more persons; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-9-36 of the Official Code of Georgia Annotated, relating to the judge of the probate court as clerk thereof and the appointment and powers of other clerks, is amended by adding at the end thereof a new subsection, to be designated as subsection (c), to read as follows:
"(c) (1) In addition to other powers granted to appointed clerks, the chief clerk of the probate judge or, if there is no chief clerk, a clerk designated by the judge, may exercise all the jurisdiction of the judge of the probate court concerning uncontested matters in the probate court. Such clerk may exercise such power regardless of whether the judge of the probate court is present.
(2) The powers granted by paragraph (1) of this subsection shall be exercised only by a chief clerk or designated clerk who has been a member of the State Bar of Georgia for at least three years or has been a clerk in the probate court for at least five years.

1942

JOURNAL OF THE HOUSE,

(3) This subsection shall apply to each county of this state having a population of 150,000 or more persons according to the United States decennial census of 1980 or any future such census."
Section 2. 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 623.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M
Aiken YAlford Y Alien Y Athon Y Atkins Y Bailey
Balkcom
Y Bannister Y Bargeron Y Barnett,B Y Barnett.M
Beck Y Benefield
Benn Birdsong Bishop Y Bostick Y Branch YBray Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Childs Clark.B Y Clark,L

Y Colbert Coleman
Y Colwell Connell
Y Cooper Y Couch YCox Y Crawford
Crosby
Y Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster
Y Galer YGodbee Y Goodwin Y Green
Y Greene Y Greer
Gresham Y Griffin Y Groover
Y Hamilton Y Hanner
Harris Y Hasty YHays Y Heard
Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson
Y Isakson Y Jackson.J Y Jackson,W
Y Jamieson Y Johnson,D Y Johnson,R
Kilgore Y Kingston
Y Lane,D YLane,R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald
Y McKelvey Y McKinney
Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

On the motion, the ayes were 139, nays 0. The motion prevailed.

Mostiler
Moultrie Y Mueller Y Oliver
Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters
Pettit Phillips Y Pinkston Y Pittman Porter
Y Powell Y Prichard Y Rainey
Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson
Ricketson Robinson.C Y Robinson.P Y Royal Selman Shepard Y Sherrod Simpson Y Sinkfield

Y Sizemore Y Smith.L Y Smith.P
Smith.T Smith.W
YSmyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C
Walker,L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams.B Williams.J Wilson Y Wood Workman Y Yeargin Y Young
Murphy,Spkr

The Speaker assumed the Chair.

HB 365. By Representative Robinson of the 96th:
A bill to amend Code Section 16-11-106 of the Official Code of Georgia Annotated, relating to the possession of a firearm or knife during the commission of or attempt to commit certain crimes, so as to clarify that such firearm or knife must be in the possession of the person.

The following Senate substitute was read:

A BILL
To amend Code Section 16-11-106 of the Official Code of Georgia Annotated, relating to the possession of a firearm or knife during the commission of or attempt to commit cer tain crimes, so as to clarify that such firearm or knife must be on or within arm's reach

FRIDAY, MARCH 6, 1987

1943

of the person; to change certain crimes to which such firearm or knife restriction applies; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-11-106 of the Official Code of Georgia Annotated, relat ing to the possession of a firearm or knife during the commission of or attempt to commit certain crimes, is amended by striking in its entirety subsection (b) of said Code section and inserting in its place a new subsection (b) to read as follows:
"(b) Any person who shall have on or within arm's reach of 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; (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."
Section 2. 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 365.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams,G Y Adams.M
Aiken Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister
Y Bargeron Y Barnett,B Y Barnett.M
Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks Y Brown YBuck Y Buford
Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs
Clark.B
Y Clark,L

Y Colbert Coleman
Y Colwell
Connell Cooper Y Couch YCox Y Crawford Y Crosby Y Cummings Y Davis,G Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster
YGaler YGodbee Y Goodwin Y Green Y Greene YGreer
Gresham Y Griffin Y Groover Y Hamilton Y Hanner
Harris Y Hasty YHays
Y Heard Hensley

Herbert Y Holcomb Y Holmes Y Hooks
Hudson Y Isakson Y Jackson.J Y Jackson, W Y Jamieson Y Johnson.D Y Johnson.R
Kilgore Y Kingston
Y Lane.D Y Lane,R
Langford
Y Lawler Lawrence
YLawson YLee Y Under
YLong Lord
Y Lucas Y Lupton Y Mangum Y Martin Y McDonald
McKelvey
McKinney Y Milam
Y Milford Y Mobley Y Moody
Y Moore Y Morton

Mostiler
Moultrie Y Mueller Y Oliver
Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman
Porter Y Powell Y Prichard Y Rainey
Ramsey.T Y Ramsey.V YRandall Y Ransom
Ray Y Reaves
Redding Y Richardson
Ricketson Robinson.C Y Robinson,P Y Royal Selman Shepard Y Sherrod
Y Simpson Y Sinkfield

Y Sizemore Y Smith,L
Y Smith,P Y Smith.T
Smith,W
YSmyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas,C Y Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplett NTwiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L
Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Wilson Y Wood Workman
Y Yeargin Y Young
Murphy ,Spkr

1944

JOURNAL OF THE HOUSE,

On the motion, the ayes were 142, nays 1. The motion prevailed.

HB 198. By Representatives Pannell of the 122nd, Steinberg of the 46th, Connell of the 87th, Hooks of the 116th, Chambless of the 133rd and others:
A bill to amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to the unlawful reproduction and sale of recorded material, so as to provide definitions; to declare unlawful the sale, rental, loan for monetary consideration, or other dissemination of a video movie unless the official rating is prominently displayed on the covering.

The following Senate substitute was read:

A BILL
To amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Anno tated, relating to the unlawful reproduction and sale of recorded material, so as to provide definitions; to declare unlawful the sale, rental, loan, or other dissemination for monetary consideration of a video movie unless the official rating is prominently displayed on the covering; to provide exceptions; to provide penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Anno tated, relating to the unlawful reproduction and sale of recorded material, is amended by adding immediately following Code Section 16-8-60 a new Code section, to be designated Code Section 16-8-61, to read as follows:
"16-8-61. (a) As used in this Code section, the term: (1) 'Official rating' means the official rating of a motion picture by the Classifi
cation and Rating Administration of the Motion Picture Association of America. (2) 'Video movie' means a videotape, video cassette, video disc, any prerecorded
video display or visual depiction, any prerecorded device that can be converted to a visual depiction, or other reproduction or reconstruction of a motion picture. (b) No person may sell, rent, loan, or otherwise disseminate or distribute for mone tary consideration a video movie unless the official rating of the motion picture from which the video movie is copied is clearly and prominently displayed in boldface type of at least 18 points on the outside of the cassette, case, jacket, or other covering con taining the video movie. Such video movie shall be clearly and prominently marked as 'not rated' if:
(1) The motion picture from which the video movie is copied has no official rating; (2) The official rating of the motion picture from which the video movie is copied is not readily available to such person; or (3) The video movie has been altered so that its content materially differs from the motion picture. (c) Any person who violates subsection (b) of this Code section shall, upon conviction thereof, be punished by a fine of not more than $100.00."
Section 2. 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 moves to amend the Senate substitute to HB 198 as follows:
To delete the following words on page 2, beginning on line 5:

FRIDAY, MARCH 6, 1987

1945

"of at least 18 points"

Representative Pannell of the 122nd moved that the House agree to the Senate substi tute, as amended, by the House, to HB 198.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M
Aiken
Y Alford N Alien Y Athon
Y Atkins Y Bailey Y Balkcom
Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck
Y Benefleld Benn
Y Birdsong Y Bishop
Bostick
Y Branch YBray Y Brooks Y Brown YBuck Y Buford
Byrd Y Carrell
Carter Y Chamblesa Y Chance Y Cheeks Y Childers Y Childs
Clark.B Y Clark,L

Y Colbert Coleman
Y Colwell Y Connell
Cooper Y Couch
Cox
Y Crawford Y Crosby
Cummings Y Davis.G
Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards
Felton Y Floyd Y Foster Y Galer YGodbee
Y Goodwin Y Green
Greene Greer Gresham
Y Griffin Y Groover
Y Hamilton Y Manner
Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert Y Holcomb Y Holmes
Y Hooks Y Hudson Y Isakson Y JacksonJ Y Jackson, W Y Jamieson Y Johnson.D Y Johnson,R
Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson YLee Y Under YLong
Lord Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey McKinney Milam Y Milford
Y Mobley Y Moody Y Moore Y Morion

On the motion, the ayes were 142, nays 1. The motion prevailed.

Mostiler Moultrie Y Mueller Y Oliver Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinkston
Y Pittman Y Porter
Powell Y Prichard Y Rainey
Ramsey.T Y Ramsey.V
Randall Y Ransom
Ray Y Reaves Y Redding
Y Richardson Y Ricketson
Robinson.C Y Robinson.P Y Royal Y Selman
Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore
Y Smith.L Y Smith.P
Y Smith.T Smith,W
YSmyre YSnow
Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs
Y Waddle Y Waldrep Y Walker.C Y Walker.L YWall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams.J Wilson Y Wood Workman Y Yeargin Y Young Murphy.Spkr

HB 142. By Representatives Childs of the 53rd, Williams of the 54th and Cummings of the 17th:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses against public health and morals, so as to provide for definitions; to prohibit selling or furnishing cigarettes or tobacco related objects to any minor; to prohibit the purchase or procurement of cigarettes or tobacco related objects for any minor.

The following Senate substitute was read:

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 provide for definitions; to prohibit selling or furnishing cigarettes or tobacco related objects to any minor; to prohibit the pur chase of cigarettes or tobacco related objects for any minor; to prohibit advising, counsel ing, or compelling any minor to smoke, inhale, chew, or use cigarettes or tobacco related

1946

JOURNAL OF THE HOUSE,

objects; to provide for a showing of proper identification prior to the sale of cigarettes or tobacco related objects; to prohibit the purchase of cigarettes or tobacco related objects by minors; to prohibit the misrepresentation of identity or age or use of any false identifi cation by a minor for the purchase of any cigarettes or tobacco related objects; to provide for the posting of certain warning signs by any person, firm, partnership, company, cor poration, or other entity who owns or operates a place of business in which cigarettes or tobacco related objects are sold or offered for sale; to provide for the posting of warning signs on vending machines which dispense cigarettes or tobacco related objects; to prohibit persons from knowingly allowing minors to operate such vending machines; to prohibit minors from operating such vending machines; to provide for other matters relative to the foregoing; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relat ing to offenses against public health and morals, is amended by adding at the end thereof a new article to be designated Article 7 to read as follows:
"ARTICLE 7
16-12-170. As used in this article, the term: (1) 'Cigarettes' means any type of tobacco or tobacco product. (2) 'Community service' means a public service which a minor might appropriately
be required to perform, as determined by the court, as punishment for certain offenses provided for in this article.
(3) 'Minor' means any person who is under the age of 17 years. (4) 'Person' means any natural person or any firm, partnership, company, corpora tion, or other entity. (5) 'Proper identification' means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth and includes, without being limited to, a passport, military identification card, driver's license, or an identification card authorized under Code Sections 40-5-100 through 40-5-104. 'Proper identification' shall not include a birth certificate. (6) 'Tobacco related objects' means any papers, wrappers, or other products, devices, or substances which are used for the purpose of making cigarettes or tobacco in any form whatsoever. 16-12-171. (a) (1) It shall be unlawful for any person knowingly to:
(A) Sell or barter, directly or indirectly, any cigarettes or tobacco related objects to a minor;
(B) Purchase any cigarettes or tobacco related objects for any minor unless the minor for whom the purchase is made is the child of the purchaser; or
(C) Advise, counsel, or compel any minor to smoke, inhale, chew, or use ciga rettes or tobacco related objects. (2) The prohibition contained in paragraph (1) of this subsection shall not apply with respect to sale of cigarettes or tobacco related objects by a person when such person has been furnished with proper identification showing that the person to whom the cigarettes or tobacco related objects are sold is 17 years of age or older. (3) Any person who violates this subsection shall be guilty of a misdemeanor; pro vided, however, for a first offense the sentence shall be suspended, (b) (1) It shall be unlawful for any minor to:
(A) Purchase any cigarettes or tobacco related objects; or (B) Misrepresent such minor's identity or age or use any false identification for the purpose of purchasing or procuring any cigarettes or tobacco related objects. (2) A minor who commits an offense provided for in paragraph (1) of this subsec tion may be punished as follows: (A) By requiring the performance of community service not exceeding 20 hours; (B) By requiring attendance at a publicly or privately sponsored lecture or discussion on the health hazards of smoking or tobacco use, provided such lecture or discussion is offered without charge to the minor; or

FRIDAY, MARCH 6, 1987

1947

(C) By a combination of the punishments described in subparagraphs (A), (B), and (C) of this paragraph. 16-12-172. (a) Any person owning or operating a place of business in which ciga rettes or tobacco related objects are sold or offered for sale shall post in a conspicuous place a sign which shall contain the following statement: 'SALE OF CIGARETTES, TOBACCO, TOBACCO PRODUCTS, OR TOBACCO RELATED OBJECTS TO PERSONS UNDER 17 YEARS OF AGE IS PROHIB ITED BY LAW.' Such sign shall be printed in letters of at least one-half inch in height. (b) Any person who fails to comply with the requirements of subsection (a) of this Code section shall be guilty of a misdemeanor. 16-12-173. (a) Any person who maintains in such person's place of business a vend ing machine which dispenses cigarettes or tobacco related objects shall place or cause to be placed in a conspicuous place on such vending machine a sign containing the following statement: 'THE PURCHASE OF CIGARETTES OR TOBACCO RELATED OBJECTS FROM THIS VENDING MACHINE BY ANY PERSON UNDER 17 YEARS OF AGE IS PROHIBITED BY LAW.' (b) Any person who fails to comply with the requirements of subsection (a) of this Code section shall be guilty of a misdemeanor; provided, however, for a first offense, the sentence shall be a fine not to exceed $300.00. (c) It shall be a violation of subsection (a) of Code Section 16-12-171 for any person knowingly to allow a minor to operate a vending machine which dispenses cigarettes or tobacco related objects. (d) The offenses provided for by paragraph (1) of subsection (b) of Code Section 16-12-171 shall apply to the operation by a minor of a vending machine which dispenses cigarettes or tobacco related objects."
Section 2. 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 142.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron
Y Adams.G Y Adams.M
Aiken
Y Alford N Alien N Athon Y Atkins
Y Bailey N Balkcom Y Bannister
Bargeron N Barnett.B N Barnett,M
Beck Y Benefield
Benn N Birdsong Y Bishop
Bostick N Branch YBray
Brooks Y Brown YBuck N Buford NByrd N Carrell
Carter Chambless Y Chance

Y Cheeks Y Childers
Y Childs Clark,B Clark.L
Y Colbert Y Coleman N Colwell
Connell Cooper
Y Couch
Cox N Crawford
N Crosby Y Cummings N Davis.G N Davis.M N Diion N Dobbs N Dover
YDunn N Edwards
Y Felton Floyd
N Foster Galer God bee
Y Goodwin
Y Green Greene Greer

Gresham
Griffin N Groover Y Hamilton N Manner
Harris
N Hasty NHays Y Heard Y Hensley Y Herbert Y Holcomb Y Holmes N Hooks
Hudson Y Isakson N Jackson,J Y Jackson, W Y Jamieson N Johnson.D Y Johnson.R
Kilgore Y Kingston
Y Lane,D Y Lane,R Y Langford
Lawler Y Lawrence
Lawson
YLee Y Under

NLong Lord
N Lucas Y Lupton
Mangum
Y Martin Y McDonald Y McKelvey
McKinney Milam N Milford Y Mobley N Moody
N Moore N Morton
Mostiler
Moultrie Mueller Y Oliver Y Orrock
Padgett N Pannell
Par ham Y Parrish
Patten
Peters Pettit Phillips Pinkston Y Pittman Y Porter

N Powell N Prichard
Rainey
Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
Ray N Reaves
Redding
Y Richardson Ricketson Robinson.C
Y Robinson.P N Royal N Selman
Shepard
N Sherrod Y Simpson
Sinkfield
Sizemore Y Smith,L Y Smith,P
Smith.T Smith,W Smyre YSnow N Stancil Y Stanley Steinberg Y Stephens

1948

JOURNAL OF THE HOUSE,

Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Townsend

N Triplett N Twiggs
Waddle N Waldrep
Walker.C

N Walker,L Y Wall
Ware N Watson
Watts

White Y Wilder Y Williams.B
Williams.J Wilson

Wood Workman Yeargin
Y Young Murphy ,Spkr

On the motion, the ayes were 71, nays 47. The motion was lost and the House disagreed to the Senate substitute to HB 142.

Representative Childs of the 53rd moved that the House reconsider its action in disagreeing to the Senate substitute to HB 142.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron Y Adams.G N Adams.M
Aiken Y Alford
Alien N Athon Y Atkins Y Bailey N Balkcom N Bannister
Bargeron N Barnett,B N Barnett.M
Beck Y Benefield
Benn Y Birdsong Y Bishop
Bostick N Branch YBray Y Brooks Y Brown YBuck N Buford NByrd N Carrell
Carter Chambless Y Chance Y Cheeks Y Childera Y Childs Clark,B Clark.L

Y Colbert Coleman
Y Colwell Y Connell
Cooper N Couch
Cox
N Crawford N Crosby Y Cummings N Davis.G Y Davis,M N Dixon
Dobbs Dover Y Dunn N Edwards Felton Floyd N Foster Galer
Godbee Y Goodwin Y Green
Greene Greer
Gresham Griffin N Groover Y Hamilton N Hanner Harris N Hasty NHays Y Heard Y Hensley

Y Herbert
Y Holcomb Y Holmes N Hooks
Hudson Y Isakson
Y Jackson,J Y Jackson.W Y Jamieson N Johnson,D Y Johnson.R
Kilgore Y Kingston
N Lane.D N Lane.R Y Langford Y Lawler Y Lawrence Y Lawson
YLee N Under
YLong Lord
N Lucas Y Lupton
Mangum Y Martin
Y McDonald Y McKelvey
McKinney Milam
N Milford N Mobley N Moody N Moore Y Morton

On the motion, the ayes were 78, nays 41. The motion prevailed.

Mostiler
Moultrie Mueller N Oliver Y Orrock Padgett
Y Pannell Parham
Y Parrish Patten Peters Pettit Phillips Pinkston
N Pittman Y Porter N Powell
Y Prichard Rainey
Y Ramsey.T Y Ramsey.V
Y Randall Y Ransom
YRay N Reaves
Redding
Y Richardson Ricketson Robinson.C
Y Robinson.P N Royal
Selman Shepard N Sherrod Y Simpson N Sinkfield

N Sizemore
Y Smith.L Y Smith.P
Smith.T Smith.W Smyre
YSnow Y Stancil Y Stanley
Steinberg Y Stephens N Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Townsend
Y Triplett Twiggs Waddle
Y Waldrep Walker.C
Y Walker.L
Y Wall Ware
Y Watson
Watts White Y Wilder Y Williams.B Williams,.]
Wilson Y Wood
Workman Yeargin
Y Young Murphy.Spkr

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

Mr. Speaker: The Senate has disagreed to the House amendment to the following Bill of the Senate:

SB 264. By Senators Langford of the 35th, Engram of the 34th and Scott of the 36th:
A bill to amend Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notice to produce evidence, so as to provide witness fees for arson investigators; to provide an effective date.

FRIDAY, MARCH 6, 1987

1949

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

HB 27. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Chapter 18 of Title 15 of the Official Code of Georgia Anno tated, relating to district attorneys, so as to provide for the appointment of an investigator for each judicial circuit; to amend Code Section 45-18-1 of the Official Code of Georgia Annotated, relating to definitions affecting the state employees' health benefit plan, so as to include district attorneys' investi gators as employees for purposes of the plan.

The President has appointed on the part of the Senate the following: Senators Deal of the 49th, Hine of the 52nd and Olmstead of the 26th.

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 230. By Senators Deal of the 49th and Hine of the 52nd:
A bill to amend Chapter 1 of Title 16 of the Official Code of Georgia Anno tated, relating to general provisions relative to crimes and offenses, so as to provide for a statement of intent and purpose; to provide that the repeal, repeal and reenactment, or amendment of certain criminal laws shall not affect or abate the status as a crime of criminal acts or omissions which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law.
The President has appointed on the part of the Senate the following:
Senators Deal of the 49th, Hine of the 52nd and Baldwin of the 29th.

The Senate has agreed to the House substitute as amended by the Senate, to the following Bill of the Senate:

SB 229. By Senators Allgood of the 22nd, Kennedy of the 4th and Barnes of the 33rd:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile court proceedings, so as to grant juvenile courts jurisdiction over proceedings concerning notice to a parent or guardian rela tive to an unemancipated minor's decision to seek an abortion; to provide for a short title; to provide for definitions.

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

HB 209. By Representatives Chambless of the 133rd, Smyre of the 92nd, Thomas of the 69th, Robinson of the 96th, Pannell of the 122nd and others:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Anno tated, relating to business corporations, so as to change the provisions relat ing to indemnification of directors, officers, employees, or agents of business

1950

JOURNAL OF THE HOUSE,

corporations; to provide for advancement of certain expenses; to provide for continuation of indemnification and advancement of expenses.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 209

The Committee of Conference on HB 209 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 209 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Thomas F. Allgood
Senator, 22nd District
/s/ Ed Hine Senator, 52nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Tommy Chambless Representative, 133rd District
/s/ Denmark Groover, Jr. Representative, 99th District

Is/ J. Nathan Deal Senator, 49th District

Is/ Pete Robinson Representative, 96th District

A BILL
To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change the standards of care and conduct for cer tain actions of officers and directors of certain corporations and provide for limitations of liability; to provide for applicability regarding the payment of taxes; to provide that offi cers and directors of nonprofit corporations shall not be deemed trustees under certain circumstances; to change the provisions relating to indemnification of directors, officers, employees, or agents of certain corporations; to provide for advancement of certain expenses; to provide for continuation of indemnification and advancement of expenses; to change the provisions relating to articles of incorporation and the contents thereof; to pro vide for the elimination or limitation of personal liability of corporate directors under cer tain circumstances; to provide for exceptions; to provide for practices and procedures; to amend Part 1 of Article 3 of Chapter 8 of Title 46, relating to the incorporation and orga nization of railroad companies, so as to change the provisions relating to indemnification of directors, officers, employees, or agents of railroad corporations; to provide for the elimination or limitation of personal liability of railroad corporation directors under cer tain circumstances; to provide for advancement of certain expenses; to provide for continu ation of indemnification and advancement of expenses; to provide procedures; to provide standards of care and conduct for railroad corporation directors and officers and provide for limitations of liability; to provide for applicability regarding the payment of taxes; 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 inserting immediately following Code Section 14-2-152 a new Code section, to be designated Code Section 14-2-152.1, to read as follows:
"14-2-152.1. (a) (1) A director shall discharge his duties as a director, including his duties as a member of a committee:
(A) In good faith; and (B) With the care an ordinarily prudent person in a like position would exercise under similar circumstances.

FRIDAY, MARCH 6, 1987

1951

(2) In discharging his duties, a director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if pre pared or presented by:
(A) One or more officers or employees of the corporation whom the director reasonably believes to be reliable and competent in the matters presented;
(B) Legal counsel, public accountants, investment bankers, or other persons as to matters the director reasonably believes are within the person's professional or expert competence; or
(C) A committee of the board of directors of which he is not a member if the director reasonably believes the committee merits confidence. (3) A director is not acting in good faith if he has knowledge concerning the mat ter in question that makes unwarranted the reliance otherwise permitted by paragraph (2) of this subsection. (4) A director is not liable for any action taken as a director or any failure to take any action if he performed the duties of his office in compliance with this subsection. (b) (1) An officer with discretionary authority shall discharge his duties under that authority:
(A) In good faith; and (B) With the care an ordinarily prudent person in a like position would exercise under similar circumstances. (2) In discharging his duties, an officer is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if pre pared or presented by: (A) One or more officers or employees of the corporation whom the officer reasonably believes to be reliable and competent in the matters presented; or (B) Legal counsel, public accountants, investment bankers, or other persons as to matters the officer reasonably believes are within the person's professional or expert competence. (3) An officer is not acting in good faith if he has knowledge concerning the matter in question that makes unwarranted the reliance otherwise permitted by paragraph (2) of this subsection. (4) An officer is not liable for any action as an officer or any failure to take any action if he performed the duties of his office in compliance with this subsection. (c) The general standards of care and conduct for actions of directors or officers of business corporations, which actions occur on or after the date this Code section becomes effective, shall be as provided in this Code section and not as provided in Code Section 14-2-152. (d) This Code section shall not relieve any director or officer from liability for the payment of taxes."
Section 2. Said title is further amended by striking in its entirety Code Section 14-2-156, relating to indemnification of corporate officers, directors, employees, and agents, and inserting in its place a new Code Section 14-2-156 to read as follows:
"14-2-156. (a) A corporation shall have the power to indemnify any person who was or is a party or who is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investi gative (other than an action by or in the right of the corporation), by reason of the fact that he is or was a director, officer, employee, or agent of the corporation or is or was serving at the request of the corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against expenses (including attorneys' fees), judgments, fines, and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit, or pro ceeding, if he acted in a manner he reasonably believed to be in or not opposed to the best interests of the corporation and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action, suit, or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent shall not, of itself, create a presumption that the person did not act in a manner which he reasonably believed to be in or not opposed

1952

JOURNAL OF THE HOUSE,

to the best interests of the corporation and, with respect to any criminal action or pro ceeding, had reasonable cause to believe that his conduct was unlawful.
(b) A corporation shall have the power to indemnify any person who was or is a party or who is threatened to be made a party to any threatened, pending, or completed action or suit by, or in the right of, the corporation to procure a judgment in its favor, by reason of the fact he is or was a director, officer, employee, or agent of the corpora tion or is or was serving at the request of the corporation as a director, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against expenses (including attorneys' fees) actually and reasonably incurred by him in connection with the defense or settlement of such action or suit, if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the corporation; except that no indemnification shall be made in respect to any claim, issue, or matter as to which such person shall have been adjudged to be liable for negli gence or misconduct at the performance of his duty to the corporation, unless and only to the extent that the court in which such action or suit was brought shall determine upon application that, despite the adjudication of liability but in view of all the circum stances of the case, such person is fairly and reasonably entitled to indemnity for such expenses which the court shall deem proper.
(c) To the extent that a director, officer, employee, or agent of a corporation has been successful, on the merits or otherwise, in defense of any action, suit, or proceeding referred to in subsections (a) and (b) of this Code section or in defense of any claim, issue, or matter therein, he shall be indemnified against expenses (including attorneys' fees) actually and reasonably incurred by him in connection therewith.
(d) Any indemnification under subsections (a) and (b) of this Code section (unless ordered by a court) shall be made by the corporation only as authorized in the specific case, upon a determination that indemnification of the director, officer, employee, or agent is proper in the circumstances because he has met the applicable standard of con duct set forth in subsections (a) and (b). Such determination shall be made:
(1) By the board of directors by a majority vote of a quorum consisting of direc tors who were not parties to such action, suit, or proceeding;
(2) If such a quorum is not obtainable or, even if obtainable, a quorum of disinter ested directors so directs, by independent legal counsel in a written opinion; or
(3) By the affirmative vote of a majority of the shares entitled to vote thereon.
(e) Expenses incurred in defending a civil or criminal action, suit, or proceeding may be paid by the corporation in advance of the final disposition of such action, suit, or proceeding; as authorized * the specific case; upon receipt of an undertaking by or on behalf of the director, officer, employee, or agent to repay such amount; tmtess if it shall ultimately be determined that he is not entitled to be indemnified by the corporation as authorized in this Code section.
(f) The indemnification and advancement of expenses provided by or granted pur suant to this Code section shall not be deemed exclusive of any other rights, in respect to indemnification or otherwise, to which those seeking indemnification or advancement of expenses may be entitled under any bylaw er2 resolution or agreement, either specifi cally or in general terms approved by the affirmative vote of the holders of a majority of the shares entitled to vote thereon, taken at a meeting, the notice of which specified that such bylaw er^ resolution^ or agreement would be placed before the shareholders, both as to action by a director, officer, employee, or agent in his official capacity and as to action in another capacity while holding such office or position; atwi shaH continue
inure to tftc ucnctit ot tzic ti@iF9, cxccutOPSt cuid fluIDinistpfttors ot sueft ft person ^ except that no such other rights, in respect to indemnification or otherwise, may be provided or granted to a director, officer, employee, or agent pursuant to this subsection by a cor poration with respect to the liabilities described in divisions (b) (3) (A) (i) through (b) {3J {A} {iyl of Code Section 14-2-171.
(g) A corporation shall have the power to purchase and maintain insurance on behalf of any person who is or was a director, officer, employee, or agent of the corporation or who is or was serving at the request of the corporation as a director, officer,

FRIDAY, MARCH 6, 1987

1953

employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against any liability asserted against him and incurred by him in any such capacity, or arising out of his status as such, whether or not the corporation would have the power to indemnify him against such liability under this Code section.
(h) If any expenses or other amounts are paid by way of indemnification, otherwise than by court order or action by the shareholders or by an insurance carrier pursuant to insurance maintained by the corporation, the corporation, not later than the next annual meeting of shareholders, unless such meeting is held within three months from the date of such payment, and in any event, within 15 months from the date of such payment, shall send by fifst class fflftil in accordance with the manner specified in Code Section 14-2-113 to its shareholders of record at the time entitled to vote for the election of directors a statement specifying the persons paid, the amounts paid, and the nature and status at the time of such payment of the litigation or threatened litigation.
(i) For purposes of this Code section, references to 'the corporation' shall include, in addition to the surviving or new corporation, any merging or consolidating corporation (including any merging or consolidating corporation of a merging or consolidating cor poration) absorbed in a merger or consolidation, so that any person who is or was a director, officer, employee, or agent of such merging or consolidating corporation, or who is or was serving at the request of such merging or consolidating corporation as a direc tor, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, shall stand in the same position under this Code section with respect to the resulting or surviving corporation as he would if he had served the resulting or surviving corporation in the same capacity, provided that no indemnification under sub sections (a) and (b) of this Code section permitted by this subsection shall be mandatory under this subsection or any bylaw of the surviving or new corporation without the approval of such indemnification by the board of directors or shareholders of the sur viving or new corporation, in the manner provided in paragraphs (1) and (3) of subsec tion (d) of this Code section.
(j) The indemnification and advancement of expenses provided by or granted pur suant to this Code section shall, unless otherwise provided when authorized or ratified, continue as to a person who has ceased to be a director, officer, employee, or agent and shall inure to the benefit of the heirs, executors, and administrators of such a person."
Section 3. Said title is further amended by striking in its entirety subsection (b) of Code Section 14-2-171, relating to articles of incorporation for business corporations, and inserting in its place a new subsection (b) to read as follows:
"(b) The articles of incorporation may, as a matter of election, also set forth: (1) Any provision, not inconsistent with law, for the regulation of the internal
affairs of the corporation or for the restriction of the transfer of shares; ad (2) Any provision which under this chapter is required or permitted to be set forth
in the bylaws; any such provision set forth in the articles of incorporation need not be set forth in the bylawsT ] and
(3) (A) A provision eliminating or limiting the personal liability of a director to the corporation or its shareholders for monetary damages for breach of duty of care or other duty as a director, provided that such provision shall not eliminate or limit the liability of a director:
(i) For any appropriation, in violation of his duties, of any business oppor tunity of the corporation;
(ii) For acts or omissions not in good faith or which involve intentional mis conduct or a knowing violation of law;
(iii) For the types of liability set forth in Code Section 14-2-154; or (iv) For any transaction from which the director derived an improper personal benefit. (B) No such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective."
Section 4. Said title is further amended by inserting immediately following Code
Section 14-3-113 a new Code section, to be designated Code Section 14-3-113.1, to read
as follows:

1954

JOURNAL OF THE HOUSE,

"14-3-113.1. (a) (1) A director shall discharge his duties as a director, including his duties as a member of a committee:
(A) In good faith; and (B) With the care an ordinarily prudent person in a like position would exercise under similar circumstances. (2) In discharging his duties, a director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if pre pared or presented by: (A) One or more officers or employees of the corporation whom the director reasonably believes to be reliable and competent in the matters presented; (B) Legal counsel, public accountants, investment bankers, or other persons as to matters the director reasonably believes are within the person's professional or expert competence; or (C) A committee of the board of directors of which he is not a member if the director reasonably believes the committee merits confidence. (3) A director is not acting in good faith if he has knowledge concerning the mat ter in question that makes unwarranted the reliance otherwise permitted by paragraph (2) of this subsection. (4) A director is not liable for any action taken as a director or any failure to take any action if he performed the duties of his office in compliance with this subsection. (b) (1) An officer with discretionary authority shall discharge his duties under that authority: (A) In good faith; and (B) With the care an ordinarily prudent person in a like position would exercise under similar circumstances. (2) In discharging his duties, an officer is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if pre pared or presented by: (A) One or more officers or employees of the corporation whom the officer reasonably believes to be reliable and competent in the matters presented; or (B) Legal counsel, public accountants, investment bankers, or other persons as to matters the officer reasonably believes are within the person's professional or expert competence. (3) An officer is not acting in good faith if he has knowledge concerning the matter in question that makes unwarranted the reliance otherwise permitted by paragraph (2) of this subsection. (4) An officer is not liable for any action as an officer or any failure to take any action if he performed the duties of his office in compliance with this subsection. (c) A director or officer shall not be deemed to be a trustee with respect to the cor poration or with respect to any property held or administered by the corporation, including, without limitation, property that may be subject to restrictions imposed by the donor or transferor of the property. (d) The general standards of care and conduct for actions of directors or officers of nonprofit corporations, which actions occur on or after the date this Code section becomes effective, shall be as provided in this Code section and not as provided in Code Section 14-3-113. (e) This Code section shall not relieve any director or officer from liability for the payment of taxes."
Section 5. Said title is further amended by striking in its entirety subsection (b) of Code Section 14-3-131, relating to articles of incorporation for nonprofit corporations, and inserting in its place a new subsection (b) to read as follows:
"(b) The articles of incorporation may, as a matter of election, also set forth: (1) Any provisions, not inconsistent with law, for the regulation of the internal
affairs of the corporation, including, without limitation, provisions with respect to the relative rights or interest of the members as among themselves or in the property of the corporation; the manner of termination of membership in the corporation; the rights, upon such termination, of the corporation, the terminated member, and the

FRIDAY, MARCH 6, 1987

1955

remaining members; the transferability or nontransferability of membership; and the distribution of assets on dissolution or final liquidation;
(2) If the corporation is to have one or more classes of members, any provision designating the class or classes of members and stating the qualifications and rights of the members of each class;
(3) The names of any persons or the designations of any groups of persons who are to be the initial members;
(4) A provision to the effect that the corporation shall be subordinate to and subject to the authority of any head or national association, lodge, order, beneficial association, fraternal or beneficial society, foundation, federation, or other nonprofit corporation, society, organization, or association; ad
(5) Any provision which under this chapter is required or permitted to be set forth in the bylaws; any such provision set forth in the articles of incorporation need not be set forth in the bylawsr; and
(6) (A) A provision eliminating or limiting the personal liability of a director to the corporation or its members for monetary damages for breach of duty of care or other duty as a director, provided that such provision shall not eliminate or limit the liability of a director:
(i) For any appropriation, in violation of his duties, of any business oppor tunity of the corporation;
(ii) For acts or omissions not in good faith or which involve intentional mis conduct or a knowing violation of law; or
(iii) For any transaction from which the director derived an improper personal benefit.
(B) No such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective."
Section 6. Part 1 of Article 3 of Chapter 8 of Title 46, relating to the incorporation and organization of railroad companies, is amended by striking in its entirety Code Section 46-8-51, relating to the indemnification by a railroad corporation of directors, officers, agents, or employees for certain legal expenses, and inserting in its place a new Code Section 46-8-51 to read as follows:
"46-8-51. (a) A railroad company shall have the power to indemnify any person who was or is a party, or is threatened to be made a party, to any threatened, pending, or completed action or proceeding, whether civil, criminal, administrative, or investigative (other than an action by or in the right of the corporation), by reason of the fact that he is or was a director, officer, employee, or agent of the corporation or is or was serving at the request of the corporation as a director, officer, employee, or agent of another cor poration, partnership, joint venture, trust, or other enterprise, avtek indemnification te be mad* against expenses, including attorneys' fees, judgments, fines, and amounts paid in settlement actually and seasonably reasonably incurred by him in connection with such action or proceeding, provided that if he acted in a manner he reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action or proceeding by judgment, order, settlement, or conviction, or upon a plea of nolo contendere or its equivalent, shall not of itself create a presumption that the person did not act in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.
(b) fe the ease of a threatened, pending, er completed eivtl aetien by or in the right of ft rfliiPOoQ corporcttion, wnicii fiction t& Drou^jut ror me purpose of procurin^j ft JUQ^[~ men* in fever ef- the corporation, the A railroad corporation shall have the power to indemnify any person who was or is a party, or is threatened to be made a party, to any saeh threatened, pending, or completed action by 2 or in the right of, the corpora tion to procure a judgment in its favor, by reason of the fact that he is or was a director, officer, employee, or agent of the corporation or is or was serving at the request of the corporation as a director, officer, employee, or agent of another corporation, partnership,

1956

JOURNAL OF THE HOUSE,

joint venture, trust, or other enterprise, saeh indemnification to be made against expenses, including attorneys' fees, actually and reasonably incurred by him in connec tion with the defense or settlement of such action, provided that if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best inter ests of the corporation; provided, further, except that no indemnification shall be made in respect of any claim, issue, or matter as to which such person has been adjudged to be liable for negligence er misconduct in the performance ef his duty to the corporation, unless and only to the extent that the court in which such action was brought deter mines upon application that, despite the adjudication of liability but in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses as the court deems proper.
(c) To the extent that a director, officer, employee, or agent of a corporation char tered under this chapter has been successful on the merits or otherwise in defense of any action or proceeding referred to in subsections (a) and (b) of this Code section, or in defense of any claim, issue, or matter therein, he shall be indemnified against expenses, including attorneys' fees, judgments, fines, and amounts paid in settlement actually and reasonably incurred by him in connection therewith.
(d) Any indemnification under subsections (a) and (b) of this Code section, unless ordered by a court, shall be made by the corporation only as authorized in the specific case upon a determination that indemnification of the director, officer, employee, or agent is proper in the circumstances because he has met the applicable standard of con duct set forth in subsections (a) and (b) of this Code section. Such determination shall be made:
(1) by By the board of directors by a majority vote of a quorum consisting of directors who were not parties to such action or proceeding; or
(2)tf If such a quorum is not obtainable, or, even if obtainable, a quorum of dis interested directors so directs, by independent legal counsel in a written opinion; or
(3)fey By the affirmative vote of a majority of the shares entitled to vote thereon. (e) Expenses incurred in defending a civil or criminal action or proceeding may be paid by the corporation in advance of the final disposition of such action or proceeding as authorized in the specific ease upon receipt of an undertaking by or on behalf of the director, officer, employee, or agent to repay such amount ntess if it is ultimately deter mined that he is not entitled to be indemnified by the corporation as authorized in this Code section. (f) The indemnification and advancement of expenses provided by2 or granted pur suant to, the other subsections of this Code section shall not be deemed exclusive of any other rightSj in respect to indemnification or otherwise, to which those seeking indemni fication or advancement of expenses may be entitled under any bylaw2 or resolution^ or agreement, either specifically or in general terms, approved by the affirmative vote of the holders of a majority of the shares entitled to vote thereon, which vete is taken at a meetingj the notice of which specified that such bylaWj er resolution2 or agreement would be placed before the shareholders? Stieh rights shall include 2 both as these rclatmg to action by a director, officer, employee, or agent in his official capacity and these relating as to action by such persert in another capacity while holding such office or positio^ except that no such other right, in respect to indemnification or otherwise, may be provided or granted to a director, employee, officer, or agent by a corporation with respect to liabilities of the types described in paragraphs (1) through (4) of subsection (k) of this Code Section. The rights conferred by any saefe bylaw er resolution shall een-
shall inare te th benefit ef-th heirs, executors, and administrators ef such person. (g) A railroad corporation shall have the power to purchase and maintain insurance
on behalf of any person who is or was a director, officer, employee, or agent of the cor poration, or who is or was serving at the request of the corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against any liability asserted against him and incurred by him in any such capacity, or arising out of his status as such a director, officer, employee, er agent, whether or not the corporation would have the power to indemnify him against such liability under this Code section.

FRIDAY, MARCH 6, 1987

1957

(h) If any expenses or other amounts are paid by way of indemnification other than by court order, by action by the shareholders, or by an insurance carrier pursuant to insurance maintained by the corporation, then not later than the next annual meeting of shareholders, unless such meeting is held within three months from the date of such payment, and, in any event, within 15 months from the date of such payment, the cor poration shall send by frrst class first-class mail to its shareholders of record at the time entitled to vote for the election of directors a statement specifying the person paid, the amounts paid, and the nature and status at the time of such payment of the litigation or threatened litigation.
(i) For purposes of this Code section, references to 'the corporation" shall include, in addition to the surviving or new corporation, any merging or consolidating corporation (including any merging or consolidating corporation of a merging or consolidating cor poration) absorbed in a merger or consolidation, so that any person who is or was a director, officer, employee, or agent of such merging or consolidating corporation; or who is or was serving at the request of such merging or consolidating corporation as a direc tor, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, shall stand in the same position under this Code section with respect to the resulting or surviving corporation as he would if he had served the resulting or surviving corporation in the same capacity, provided that no indemnification under sub sections (a) and (b) of this Code section permitted by this subsection shall be mandatory under this subsection or any bylaw of the surviving or new corporation without the approval of such indemnification by the board of directors or shareholders of the sur viving or new corporation, in the manner provided in paragraphs (1) and (3) of subsec tion (d) of this Code section.
(j) The indemnification and advancement of expenses provided by, or granted pur suant to, this Code section shall, unless otherwise provided when authorized or ratified, continue as to a person who has ceased to be a director, officer, employee, or agent and shall inure to the benefit of the heirs, executors, and administrators of such a person.
(k) The charter or articles of incorporation of a railroad corporation may, as a matter of election, also set forth a provision eliminating or limiting the personal liability of a director to the railroad corporation or its shareholders for monetary damages for breach of duty of care or other duty as a director, provided that such provision shall not elimi nate or limit the liability of a director:
(1) For any appropriation, in violation of his duties, of any business opportunity of the corporation:
(2) For acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law;
(3) For the types of liability set forth in Code Section 14-2-154; or (4) For any transaction from which the director derived an improper personal benefit. No such provision shall eliminate or limit the liability of a director for any act or omis sion occurring prior to the date when such provision becomes effective."
Section 7. Said part is further amended by adding at the end thereof a new Code section, to be designated Code Section 46-8-55, to read as follows:
"46-8-55. (a) (1) A director shall discharge his duties as a director, including his duties as a member of a committee:
(A) In good faith; and (B) With the care an ordinarily prudent person in a like position would exercise under similar circumstances. (2) In discharging his duties, a director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if pre pared or presented by: (A) One or more officers or employees of the corporation whom the director reasonably believes to be reliable and competent in the matters presented; (B) Legal counsel, public accountants, investment bankers, or other persons as to matters the director reasonably believes are within the person's professional or expert competence; or

1958

JOURNAL OF THE HOUSE,

(C) A committee of the board of directors of which he is not a member if the director reasonably believes the committee merits confidence. (3) A director is not acting in good faith if he has knowledge concerning the mat ter in question that makes unwarranted the reliance otherwise permitted by paragraph (2) of this subsection. (4) A director is not liable for any action taken as a director or any failure to take any action if he performed the duties of his office in compliance with this subsection. (b) (1) An officer with discretionary authority shall discharge his duties under that authority:
(A) In good faith; and (B) With the care an ordinarily prudent person in a like position would exercise under similar circumstances. (2) In discharging his duties, an officer is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if pre pared or presented by: (A) One or more officers or employees of the corporation whom the officer reasonably believes to be reliable and competent in the matters presented; or (B) Legal counsel, public accountants, investment bankers, or other persons as to matters the officer reasonably believes are within the person's professional or expert competence. (3) An officer is not acting in good faith if he has knowledge concerning the matter in question that makes unwarranted the reliance otherwise permitted by paragraph (2) of this subsection. (4) An officer is not liable for any action as an officer or any failure to take any action if he performed the duties of his office in compliance with this subsection. (c) This Code section shall not relieve any director or officer from liability for the payment of taxes."
Section 8. 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 209.
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 Athon
Y Atkins Y Bailey
Balkcom
Y Bannister Bargeron
Y Barnett.B Y Barnett.M
Beck Y Benefleld YBenn Y Birdsong Y Bishop
Bostick Y Branch
Bray Y Brooks
Brown YBuck Y Buford YByrd Y Carrell
Carter Y Chambless
Y Chance

Y Cheeks Y Childers
Y Childs Clark.B
Y Clark,L
Y Colbert Y Coleman
Colwell Y Connell
Y Cooper Y Couch
Cox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M
Y Dixon Y Dobbs Y Dover YDunn Y Edwards Y Felton
Floyd Y Foster Y Galer YGodbee Y Goodwin Y Green Y Greene Y Greer

Gresham Y Griffin Y Groover Y Hamilton
Y Manner Harris
Y Hasty YHays Y Heard Y Hensley Y Herbert
Y Holcomb Y Holmes Y Hooks
Hudson Y Isakson
Y Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson.R
Kilgore Y Kingston Y Lane.D Y Lane,R
Y Langford Y Lawler
Y Lawrence Y Lawson YLee Y Linder

YLong YLord Y Lucas
Y Lupton Mangum
Y Martin McDonald
Y McKelvey McKinney Milam
Y Milford Y Mobley Y Moody Y Moore Y Mortpn
Mostiler Moultrie Y Mueller Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Y Pettit
Phillips Pinkston Y Pittman Y Porter

Y Powell
Y Prichard
Y Rainey Y Ramsey.T
Y Ramsey.V YRandall Y Ransom
YRay Y Reaves
Y Redding Y Richardson
Ricketson Robinson.C Y Robinson.P Y Royal YSelman Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore
Y Smith,L Y Smith,? Y Smith,T
Smith.W
YSmyre YSnow
Y Stancil Y Stanley Y Steinberg
Y Stephens

FRIDAY, MARCH 6, 1987

1959

YThomas.C YThomas.M Y Thompson YThurmond
Y Townsend

Y Triplet! Y Twiggs Y Waddle Y Waldrep
Walker.C

Y Walker.L Y Wall Y Ware Y Watson
Y Watts

On the motion, the ayes were 143, nays 0. The motion prevailed.

Y White Wilder Williams.B Williams,J
Wilson

Y Wood Workman Yeargin
Y Young
Murphy.Spkr

The following communication from the Honorable Max Cleland, Secretary of State, was received:

Secretary of State 214 State Capitol
Atlanta 30334
March 6, 1987
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 1987 Regular Session the week of March 2, 1987, as of 3:00 p.m. this date. The list is numbered 715 through 729.
With best wishes, I am
Most sincerely, Is/ Max Cleland
MC:jk Attachments:
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 715 through 729, who have registered in the Docket of Legislative Appearance as of March 6, 1987, 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 6th day of March, in the year of our Lord One Thousand Nine Hundred and Eightyseven and of the Independence of the United States of America the Two Hundred and Eleventh.

(SEAL)

/s/ Max Cleland Secretary of State

1960

JOURNAL OF THE HOUSE,

715. Brenda Allynn Buras Texaco Inc. Post Office Box 60252 New Orleans, LA 70160
716. Thomas Anderson Burroughs Citizens Lobbying Group 1572 Hardee Street, #14C Atlanta, Georgia 30307
717. Judith W. Fensterer Generic Pharmaceutical Industry Association GPIA 200 Madison Avenue New York, New York 10016
718. Patrick B. Donoho REGISTERED AGENT General Retail Pharmacy Revco Drug Stores, Inc. 1925 Enterprises Parkway Twinsburg, Ohio
719. William C. Talmadge Generic Pharmaceutical Industry Association 1730 Pennsylvania Avenue Washington, D.C. 20006
720. Gene Knapp Generic Pharmaceutical Industry Association 18828 Stoneyhurst Street Olneg, Maryland 20832
721. David F. Dunning Retired Persons Services, Inc. One Prince Street Alexandria, VA 22314

722. Lester Roger Matthews Texaco Inc. Post Office Box 4582 Atlanta, Georgia 30302
723. Booker T. Downie Brotherhood Maintenance of Way Employees Cuthbert, Georgia 31740
724. VOID
725. William Leonard Jones Adoptees Search Network 882 S. Main Street Suite 100, Office #3 Conyers, Georgia 30207
726. Gregory G. Kergosien The Upjohn Company 38 Lyme Bay Road Columbia, S.C. 29212
727. Franklin Hightower Lobbying American Post Office Box 311324 Atlanta, Georgia 30331
728. G. Gordon Knight' Smith, Kline & French Laboratories 1500 Spring Gordon Street Philadelphia, PA 19101
729. Shelia Joyce Carter Independent Insurance Agents of Georgia Post office Box 48386 Atlanta, Georgia 30362

Pursuant to HR 402, adopted by the House and Senate, the Speaker announced the House adjourned until 10:00 o'clock, Monday, March 9, 1987.

MONDAY, MARCH 9, 1987

1961

Representative Hall, Atlanta, Georgia Monday, March 9, 1987

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 Kenneth B. Martin, Pastor, Antioch Baptist Church, Augusta, Georgia.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the .following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:
HB 1149. By Representatives Hays of the 1st, Peters of the 2nd, Snow of the 1st and Crawford of the 5th: A bill to amend Chapter 1 of Title 27 of the Official Code of Georgia Anno tated, relating to game and fish in general, so as to provide that the Depart ment of Natural Resources shall not employ persons in the capacity of conservation technicians; to provide that persons previously employed in the capacity of wildlife technicians shall be reclassified as conservation rangers.
Referred to the Committee on Game, Fish & Recreation.
HB 1150. By Representative Porter of the 119th: A bill to amend Code Section 4-11-2 of the Official Code of Georgia Anno tated, relating to definitions regarding the "Georgia Animal Protection Act", so as to redefine certain terms and exclude counties, municipalities, or other political subdivisions of the state.
Referred to the Committee on Game, Fish & Recreation.

1962

JOURNAL OF THE HOUSE,

HB 1151. By Representative Porter of the 119th:
A bill to amend Chapter 12 of Title 53 of the Official Code of Georgia Anno tated, relating to trusts, so as to change certain provisions relating to trustee powers which render a trust executory and termination of irrevocable execu tory trusts.
Referred to the Committee on Judiciary.

By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:
HR 412 SB 389 SB 391

Representative Mangum of the 57th District, Chairman of the Committee on Edu cation, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 179 Do Pass, by Substitute
Respectfully submitted, /s/ Mangum of the 57th
Chairman

Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1138 Do Pass HB 1140 Do Pass HB 1141 Do Pass HB 1142 Do Pass

HB 1145 Do Pass HB 1146 Do Pass HB 1147 Do Pass SB 382 Do Pass

Respectfully submitted, /s/ Adams of the 36th
Chairman

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

HOUSE RULES CALENDAR MONDAY, MARCH 9, 1987
Mr. Speaker and Members of the House:
The House Committee on Rules has set the calendar for this thirty-eighth Legislative Day as enumerated below:

MONDAY, MARCH 9, 1987

1963

SB 10 Smoke Detectors: Requirements SB 27 Recall of Public Officials: Number of Applications SB 33 Trash Dumping: Boundaries: Prohibitions SB 68 Torts: Injury During Certain Crime: Prohibit SB 96 Day-Care Centers: Regulations SB 159 Children's Trust Fund Commission: Establish SB 282 Municipalities: Reml. of Abandoned Veh: Population Classification SB 361 Group Life Insurance Policies: Delete Certain Requirements
SR 109 Joint Adoption Study Committee: Create
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 1138.

By Representatives Mueller of the 126th, Alien of the 127th and Johnson of the 123rd:
A bill to amend an Act approved August 12, 1914 providing for the registra tion of voters to vote at the municipal elections in the City of Savannah, so as to limit the number of terms the mayor of the City of Savannah may serve.

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

HB 1140. By Representative Peters of the 2nd:
A bill to amend an Act placing the coroner of Catoosa County on an annual salary, so as to increase the salary of the coroner; to clarify when a deputy coroner may act in the place 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 1141. By Representative Ricketson of the 82nd:
A bill to amend an Act creating the Board of Commissioners of Glascock County, so as to correct references and make grammatic and stylistic changes in such Act; to change the provisions relating to the compensation 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.

1964

JOURNAL OF THE HOUSE,

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

HB 1142. By Representative Ricketson of the 82nd:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Glascock County and providing in lieu thereof an annual salary, so as to change the provisions relating to the compensation of the chief deputy sheriff and deputy sheriffs.

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

HB 1145. By Representative Banner of the 131st:
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 establish ment, construction, financing, and operation of municipal port and terminal facilities in the City of Fort Gaines and Clay 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 1146.

By Representative Hanner of the 131st:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Clay 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 1147.

By Representative Hanner of the 131st:
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 Fort Gaines in Clay County to levy a tax not to exceed one mill for the purpose of promoting and encouraging the location of new industries in the City of Fort Gaines.

The report of the Committee, which was favorable to the passage of the Bill, was 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, MARCH 9, 1987

1965

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 390. By Senators Peevy of the 48th and Phillips of the 9th:
A bill to amend an Act incorporating the City of Snellville, as amended, so as to deannex and exclude certain property from the corporate limits of the city.

SB 392. By Senator Echols of the 6th:
A bill to consolidate the offices of tax receiver and tax collector of Pierce County into the office of tax commissioner of Pierce County; to provide for the oath, rights, duties, and liabilities of said office; to provide for the elec tion of the tax commissioner; to provide for terms of office; to provide for the method of filling vacancies.

HB 746. By Representative Green of the 106th:
A bill to amend an Act creating the Board of County Commissioners of Hancock County, so as to change the compensation of the chairman of the board.

HB 850. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey 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 851. 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 which relates to providing for the election of the members of the Board of Education of Bartow County by the people; to provide the authority for this Act.

HB 852. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to provide that the county school superintendent of Bartow County shall be appointed by vote of the board of education to serve at the pleasure of the board.

HB 853. By Representatives Pettit of the 19th, McKelvey of the 15th and Childers of the 15th:
A bill to provide for the Board of Education of Bartow County.

1966

JOURNAL OF THE HOUSE,

HB 854. By Representative Pettit of the 19th:
A bill to amend an Act incorporating the City of White, in the County of Bartow, so as to provide for the election of aldermen for terms of four years and until successors are elected and qualified.

HB 969. By Representatives Childs of the 53rd, Richardson of the 52nd, Williams of the 54th, Redding of the 50th, Clark of the 55th and others:
A bill to amend an Act creating and establishing a new charter for the City of Decatur, so as to change the provisions relating to the election of commis sioners.

HB 1000. By Representatives Moody of the 153rd and Byrd of the 153rd:
A bill to amend an Act providing a new charter for the City of Baxley, so as to change the corporate limits of the city.

HB 1002.

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 corporate limits of the City of Summerville.

HB 1006.

By Representatives Dixon of the 151st and Crosby of the 150th:
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 Charlton County Development Authority and provisions for its powers, authority, funds, purposes, and procedures.

HB 1007.

By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to amend an Act creating the board of commissioners for Charlton County, so as to provide for the election of members of the board from dis tricts by the residents of such districts.

HB 1015. By Representative Smith of the 78th: A bill to provide a new charter for the City of Barnesville.

HB 1018.

By Representative Rainey of the 135th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Cordele Office Building Authority.

HB 1019. By Representative Rainey of the 135th:
A bill to provide for the purposes of the Cordele Office Building Authority; to repeal specific Acts relating to the Cordele Office Building Authority.

HB 1054.

By Representatives Workman of the 51st, Redding of the 50th, Clark of the 55th, Williams of the 54th, Childs of the 53rd and others:
A bill to amend an Act establishing in DeKalb County districts from which the members of the county board of education shall be elected, so as to

MONDAY, MARCH 9, 1987

1967

change the provisions relative to the compensation of the members of the board of education.

HB 1068.

By Representatives Williams of the 48th, Robinson of the 58th, Richardson of the 52nd, Childs of the 53rd, Redding of the 50th and others:
A bill to amend an Act providing for the compensation of certain county offi cers and officials of DeKalb County, so as to change the compensation of the judge of the probate court and the clerk of the superior court.

HB 1077.

By Representative Crosby of the 150th:
A bill to amend an Act providing for reapportionment of the board of edu cation of Clinch County, so as to correct an error relating to the election of successors to the initial member of the board of education of Clinch County from Education District No. 2.

HB 1078.

By Representatives Redding of the 50th, Richardson of the 52nd, Workman of the 51st, Childs of the 53rd, Clark of the 55th 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 1080. By Representatives Colwell of the 4th and Twiggs of the 4th: A bill to create the Ellijay-Gilmer County Water and Sewerage Authority.

HB 1095.

By Representative Reaves of the 147th:
A bill to provide that future school superintendents of the Brooks County School District shall be appointed by the board of education rather than elected.

HB 1096.

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 providing for the merger of the existing independent school system of the City of Quitman and the exist ing school district of Brooks County lying outside the corporate limits of said city into one school system coextensive with the limits of Brooks County.

HB 1108.

By Representative Ray of the 98th:
A bill to amend an Act establishing the City of Byron, so as to authorize the City of Byron to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pursuant to the "Redevel opment Powers Law", as now or hereafter amended, and provide for certain such powers.

HB 1109.

By Representative Ray of the 98th:
A bill to amend an Act establishing the board of commissioners of Peach County, so as to authorize Peach County to have and be authorized to exer cise all redevelopment and other powers authorized or granted counties pur suant to the "Redevelopment Powers Law".

HB 1110. By Representative Ray of the 98th:

1968

JOURNAL OF THE HOUSE,

A bill to amend an Act creating a new charter for the City of Fort Valley, so as to authorize Fort Valley to have and be authorized to exercise all redevelopment and other powers authorized or granted municipalities pur suant to the "Redevelopment Powers Law".

HB 439. By Representatives Moore of the 139th, Parrish of the 109th, Jamieson of the llth and Branch of the 137th:
A bill to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, so as to provide that the costs of advertisements of property to be sold under tax execution shall be an additional cost of the execution to be satisfied volun tarily by the defendant or by levy and sale of the property.

HB 457. By Representatives Buck of the 95th, Murphy of the 18th, Padgett of the 86th, Cooper of the 20th, Hanner of the 131st and others:
A bill to amend Code Section 47-17-23 of the Official Code of Georgia Anno tated, relating to the investment powers of the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to the investment powers of the board.

HB 459. By Representatives Buck of the 95th, Murphy of the 18th, Padgett of the 86th, Cooper of the 20th, Hanner of the 131st and others:
A bill to amend Code Section 47-17-60 of the Official Code of Georgia Anno tated, relating to revenues collected from fines and bond forfeitures pursuant to the law relating to the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to the sources of such revenue.

HB 461. By Representatives Kilgore of the 42nd and Harris of the 84th:
A bill to amend Code Section 48-5-183 of the Official Code of Georgia Anno tated, relating to the minimum salaries of tax collectors and tax commis sioners, so as to change the minimum salaries of tax collectors and tax commissioners.

HB 624. By Representatives Randall of the 101st and Martin of the 26th:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to make certain editorial changes; to remove the limitation on the amounts of funds for which the judge of the probate court may be custodian; to make such custodianship discretionary; to provide that guardianships may be established in certain cases; to provide for increases in the amount of bond of the judge.

HB 676. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-16-26 of the Official Code of Georgia Anno tated, relating to the power of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia to control and invest funds, so as to change the provisions relating to investment powers of the board.

HB 677. By Representative Johnson of the 72nd:
A bill to amend Code Section 47-16-21 of the Official Code of Georgia Anno tated, relating to the membership of the Board of Commissioners of the

MONDAY, MARCH 9, 1987

1969

Sheriffs' Retirement Fund of Georgia, so as to change the term of the retired member of the board.

HB 686. By Representative Cox of the 141st:
A bill to amend Code Section 25-4-2 of the Official Code of Georgia Anno tated, relating to definitions under the "Georgia Firefighter Standards and Training Act", so as to change the definition of the term "firefighter" to include public safety officers for purposes of firefighter training.

HB 722. By Representative Buck of the 95th:
A bill to amend Code Section 47-17-1 of the Official Code of Georgia Anno tated, relating to definitions under the Peace Officers' Annuity and Benefit Fund, so as to change certain definitions.

HB 795. By Representatives Milford of the 13th, Clark of the 13th and Yeargin of the 14th:
A bill to amend an Act to provide compensation for the judge of the superior court of the Northern Judicial Circuit, so as to change the compensation of the judges of the Northern Judicial Circuit.

HB 877. By Representatives Thomas of the 69th, Chambless of the 133rd and Robinson of the 96th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to the superior courts, so as to change the provisions relating to reimbursement of travel expenses for attendance at meetings and for attendance at educational pro grams.

HB 916. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Groover of the 99th and Edwards of the 112th:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide a short title; to provide a definition; to provide that it shall be unlawful to teach, train, or demonstrate to another person the use, applica tion, or making of any illegal firearm, dangerous weapon, explosive, or incen diary device.

HB 974. By Representatives Jackson of the 83rd and Harris of the 84th:
A bill providing for a supplement to the compensation, expenses, and allow ances of the judges of the Superior Court of the Augusta Judicial Circuit, so as to change the provisions relating to such supplement.

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

HR 377. By Representative Ramsey of the 3rd: A resolution commending Morris L. McDonald.

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

1970

JOURNAL OF THE HOUSE,

HB 932. By Representatives Hensley of the 20th, Cooper of the 20th, Aiken of the 21st, Lawler of the 20th, Atkins of the 21st and others:
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.

HB 1010.

By Representatives Jackson of the 83rd, Watts of the 41st, Barnett of the 10th, Dover of the llth, Bargeron of the 108th and others:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Anno tated, relating to licenses, permits, and stamps concerning game and fish generally, so as to change the criteria for issuing such permits.

HB 1050. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to create the Conyers-Rockdale-Big Haynes Impoundment Authority.

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

HB 10. By Representatives Lucas of the 102nd, Coleman of the 118th, Hanner of the 131st and Ramsey of the 3rd:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification for law enforcement officers, firemen, and prison guards who are killed or permanently disabled in the line of duty, so as to provide the same indemnification with respect to publicly employed emergency medical technicians who are killed or permanently dis abled in the line of duty after a certain date.

HB 35. By Representative Clark of the 55th:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Anno tated, relating to bonds and recognizances, so as to provide for additional conditions for the release of a surety from liability; to provide for certain persons to whom a principal may be surrendered; to provide for conditions of forfeiture of certain appearance bonds.

HB 76. By Representative Alien of the 127th:
A bill to amend Code Section 15-10-2 of the Official Code of Georgia Anno tated, relating to the jurisdiction of magistrate courts, so as to give magis trate courts jurisdiction over certain criminal offenses involving possession of marijuana and involving the writing of bad checks.

HB 197. By Representatives Pannell of the 122nd, Steinberg of the 46th, Hooks of the 116th, Chambless of the 133rd, Isakson of the 21st and others:
A bill to amend Part 3 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving the sale or distri bution of harmful materials to minors, so as to provide that certain descrip tions or representations of aggravated violence are harmful to minors; to provide a definition; to provide that it shall be unlawful to sell, loan, or otherwise disseminate to a minor certain materials containing aggravated vio lence.

HB 269. By Representative Wilder of the 21st:

MONDAY, MARCH 9, 1987

1971

A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Anno tated, relating to cosmetologists, so as to authorize the performance of cos metology services in locations other than a licensed beauty shop or salon in
certain cases where clients are unable to go to such shop or salon for reasons of ill health, infirmity, or other physical disability.

HB 289. By Representative Pettit of the 19th:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Anno tated, relating to the jurisdiction of municipal courts, so as to authorize the municipal courts to try and dispose of a first offense violation of Code Section 3-3-21, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age.

HB 576. By Representatives Barnett of the 10th, Porter of the 119th, Holcomb of the 72nd, Harris of the 84th and Yeargin of the 14th:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Anno tated, known as the "Used Car Dealers' Registration Act", so as to authorize the board to develop and administer an examination; to change the provi sions relating to attendance at training and informational seminars.

HB 614. By Representatives Groover of the 99th, Chambless of the 133rd, Robinson of the 96th and Thomas of the 69th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to create the offices of Senior Appellate Court Justice and Senior Appellate Court Judge.

HB 652. By Representatives Triplett of the 128th and Murphy of the 18th:
A bill to amend Code Section 40-6-181 of the Official Code of Georgia Anno tated, relating to maximum motor vehicle speed limits, so as to authorize the commissioner of transportation, in conformity with federal law, to increase certain maximum speed limits.

HB 811. By Representatives Isakson of the 21st, Wilder of the 21st, Atkins of the 21st, Gresham of the 21st and Aiken of the 21st:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehi cles, so as to authorize the local tag agents to charge an additional fee for the purchase of license plates or revalidation decals by mail.

HB 840. By Representative Workman of the 51st:
A bill to amend Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to provide for standards of inspection; to provide that inspections shall cover hoistways, associated equipment rooms, and access thereto, and shall include lobby smoke detectors.

HB 1043.

By Representatives Redding of the 50th, Robinson of the 58th, Aaron of the 56th, Williams of the 48th, Williams of the 54th and others:
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

1972

JOURNAL OF THE HOUSE,

an annual salary for the Chief Executive and for members of the DeKalb County Commission.

HB 1069.

By Representatives Williams of the 48th, Robinson of the 58th, Richardson of the 52nd, Childs of the 53rd, Waldrep of the 80th and others:
A bill to amend an Act providing for the compensation of certain county offi cers and officials of DeKalb County, so as to change the compensation of the tax commissioner and the provisions relating to the compensation of the tax commissioner.

The Senate has agreed to the House substitutes to the following Bills of the Senate:

SB 186. By Senators Hudgins of the 15th and Land of the 16th:
A bill to amend an Act creating the Muscogee County School District, as amended, so as to provide for the composition of the Muscogee County Board of Education; to provide for education districts; to provide for the nonpartisan election of members from education districts; to provide for terms of office; to provide procedures; to provide for vacancies.

SB 289. By Senators Howard of the 42nd, Hine of the 52nd and Barnes of the 33rd:
A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Anno tated, relating to pharmacists and pharmacies, so as to change certain defini tions relating to substituting generic drugs; to eliminate two-line prescription forms; to allow for generic substitution by a licensed pharmacist when the prescriber does not designate "brand necessary" on a prescription form.

The Senate has adopted the report of the Committee of Conference on the following Bill of the House:

HB 209. By Representatives Chambless of the 133rd, Smyre of the 92nd, Thomas of the 69th, Robinson of the 96th, Pannell of the 122nd and others:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Anno tated, relating to business corporations, so as to change the provisions relat ing to indemnification of directors, officers, employees, or agents of business corporations; to provide for advancement of certain expenses; to provide for continuation of indemnification and advancement of expenses.

Representative Dobbs of the 74th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate:

SB 31. By Senator Peevy of the 48th:
A bill to amend Code Section 33-34-4 of the Official Code of Georgia Anno tated, relating to certain motor vehicle insurance minimum required cover age, so as to provide that certain coverage for loss of income or earnings shall not be required if such owner is a retired person.

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

N Aaron Y Adams.G Y Adams,M

Y Aiken Y Alford N Alien

Y Athon N Atkins N Bailey

Balkcom N Bannister Y Bargeron

Y Barnett.B N Barnett,M Y Beck

MONDAY, MARCH 9, 1987

1973

N Benefield Benn
Y Birdsong Y Bishop N Bostick Y Branch
Bray N Brooks N Brown YBuck N Buford NByrd N Carrell N Carter Y Chambless N Chance N Cheeks N Childers N Childs Y Clark.B Y Clark,L
N Colbert Coleman
Y Colwell N Connell N Cooper
Couch YCox Y Crawford Y Crosby Y Cummings N Davis.G
Davis.M

Y Dixon Y Dobbs Y Dover
N Dunn N Edwards N Felton
Floyd N Foster N Galer N Godbee N Goodwin
Green Y Greene Y Greer
N Gresham N Griffin N Groover
Hamilton N Hanner N Harris N Hasty
YHays N Heard N Hensley Y Herbert
N Holcomb Y Holmes
N Hooks N Hudson N Isakson N Jackson,J Y Jackson.W
Jamieson

N Johnson,D
N Johnson.R N Kilgore
Kingston
Lane.D Y Lane,R N Langford N Lawler Y Lawrence
Lawson NLee N Linder NLong NLord N Lucas Y Lupton Y Mangum N Martin N McDonald N McKelvey N McKinney
Milam N Milford N Mobley
Y Moody Y Moore
Morton Mostiler N Moultrie Mueller N Oliver Y Orrock N Padgett

On the motion, the ayes were 51, nays 92. The motion was lost.

N Pannell
Parham Parrish N Patten
Y Peters Pettit
N Phillips N Pinkston Y Pittman
Porter
N Powell Prichard
N Rainey N Ramsey.T N Ramsey.V N Randall N Ransom
Ray Reaves Y Redding N Richardson N Ricketson Robinson.C Y Robinson.P N Royal Y Selman N Shepard N Sherrod N Simpson Sinkfield N Sizemore Y Smith.L N Smith.P

Smith.T N Smith,W
Smyre Snow
Y Stancil Y Stanley
Steinberg
Y Stephens N Thomas.C
Thomas,M N Thompson
Thurmond Y Townsend
Triplett
YTwiggs N Waddle Y Waldrep
Walker.C N Walker.L YWall
Ware N Watson N Watts N White Y Wilder Y Williams.B N Williams.J
Wilson N Wood N Workman N Yeargin
N Young Murphy.Spkr

Representative Ramsey of the 3rd moved that the House reconsider its action in fail ing to give the requisite constitutional majority to the following Bill of the Senate:

SB 169. By Senator Scott of the 2nd:
A bill to amend Code Section 17-7-211 of the Official Code of Georgia Anno tated, relating to the right of defendant to copies of written scientific reports which will be introduced in evidence, so as to provide that certain written scientific reports from the Georgia Bureau of Investigation shall be admis sible as evidence of the truth of the test results.

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

N Aaron Y Adams.G N Adams.M N Aiken
Alford Y Alien
N Athon Y Atkins Y Bailey
Balkcom N Bannister N Bargeron
N Barnett.B N Barnett.M YBeck Y Benefield
Benn Birdsong N Bishop N Bostick

N Branch N Bray Y Brooks
Brown
Buck N Buford NByrd N Carrell N Carter
Chambless N Chance N Cheeks N Childers N Childs
N Clark,B N Clark,L Y Colbert
Coleman N Colwell N Connell

N Cooper Y Couch YCox Y Crawford
Y Crosby N Cummings N Davis.G
Davis.M Y Dixon N Dobbs N Dover
Dunn N Edwards Y Felton N Floyd Y Foster N Galer
Godbee N Goodwin N Green

N Greene Y Greer
N Gresham Y Griffin N Groover
Hamilton
Hanner N Harris N Hasty NHays
Heard N Hensley
Herbert N Holcomb Y Holmes N Hooks N Hudson Y Isakson Y Jackson,J Y Jackson.W

N Jamieson
N Johnson,D Y Johnson.R N Kilgore
Kingston
Lane.D Y Lane.R N Langford
Lawler N Lawrence Y Lawson
YLee Y Linder
NLong NLord Y Lucas N Lupton N Mangum
N Martin Y McDonald

1974

JOURNAL OF THE HOUSE,

NMcKelvey McKinney
Milam N Milford Y Mobley N Moody
Moore Morton Mostiler YMoultrie Y Mueller N Oliver N Orrock N Padgett Y Pannell Parham

Parrish N Patten
N Peters Pettit
N Phillips Y Pinkston Y Pittman N Porter N Powell N Prichard N Rainey Y Ramsey.T Y Ramsey.V N Randall Y Ransom
Ray

Reaves N Redding
Y Richardson N Ricketson N Robinson.C N Robinson.P N Royal Y Selman N Shepard N Sherrod Y Simpson
Sinkfield Y Sizemore N Smith.L Y Smith.P N Smith.T

N Smith,W Smyre
N Snow N Stancil N Stanley
Steinberg N Stephens Y Thomas.C N Thomas.M Y Thompson
Thurmond N Townsend
Triplett Y Twiggs
Waddle Y Waldrep

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

On the motion, the ayes were 54, nays 88. The motion was lost.

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 109. By Senator Kidd of the 25th:

A RESOLUTION
Creating the Joint Adoption Study Committee; and for other purposes.
WHEREAS, there are approximately 700 children currently in the permanent custody of the Department of Human Resources who are in need of an adoptive home, most of which children are defined as special needs children due to age, disability, sibling groupings, etc.; and
WHEREAS, there are over 2,000 Georgia families wanting to adopt nonspecial needs children, but the Department of Human Resources receives permanent custody of only a limited number of nonspecial needs children and is unable to serve these families; and
WHEREAS, the limited number of healthy young children dictates that most families must seek adoptive children through private agencies frequently incurring high costs and other complications which generate public complaint; and
WHEREAS, limitations on financial support to families adopting special needs chil dren frequently become a barrier to the adoption of such children and increase the poten tial for disruptions; and
WHEREAS, mental health services, respite care, residential treatment, and postadoption groups for parents and children are often inaccessible to many families who want to adopt children; and
WHEREAS, there were approximately 20 adoptive placements that disrupted this past year, but proper training of staff, preplacement planning, monitoring of cases, and postadoption services might have improved the chances for successful adoptions; and
WHEREAS, to complete an international adoption, there must be compliance with the laws of the foreign country, the State of Georgia, and the United States Immigration Service. In FY 1986, 89 families had home studies approved by the Department of Human Resources and forwarded to the United States Immigration Service for processing.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Adoption Study Committee to be composed of five members of the House of Representatives appointed by the Speaker of the House of

MONDAY, MARCH 9, 1987

1975

Representatives and five members of the Senate to be appointed by the President of the Senate. The chairman and the vice chairman of the committee shall be elected by the committee at its first meeting which shall be called jointly by the Speaker and President. The committee shall undertake a comprehensive study of the adoption laws and programs in this state and search for solutions to the problems discussed in the preamble to this
resolution. 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 shall make a report of its findings and recommendations, with suggestions for
proposed legislation, if any, no later than December 15, 1987, at which time the committee shall stand abolished.

The following amendment was read and adopted:

The Committee on Rules moves to amend SR 109 by striking the word "ten" on line 2, page 3 and inserting in lieu thereof, the word "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 ayes were 109, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

SB 361. By Senator Dawkins of the 45th:
A bill to amend Code Section 33-27-1 of the Official Code of Georgia Anno tated, relating to requirements for group life insurance policies, so as to delete requirements that certain group life insurance policies may be placed in force only if a certain percentage of the eligible employees elects to make the required contributions to the premium.

The following Committee substitute was read:

A BILL
To amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to requirements for group life insurance policies, and Code Section 33-30-1 of the Official Code of Georgia Annotated, relating to the definition and requirements of group accident and sickness insurance policies, so as to change certain requirements that such policies may be placed in force only if a certain percentage or number of eligible persons are insured or elect to make the required contributions to the premium; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to requirements for group life insurance policies, is amended by striking subparagraph (B) of paragraph (1), relating to policies issued to employee groups, and inserting in lieu thereof a new subparagraph (B) to read as follows:
"(B) The premium for the policy shall be paid by the policyholder either wholly from the employer's funds or funds contributed by him or partly from such funds and

1976

JOURNAL OF THE HOUSE,

partly from funds contributed by the insured employees, except as provided in Code Section 33-24-34. No policy may be issued on which the entire premium is to be derived from funds contributed by the insured employees, except as provided in Code Section 33-24-34. A policy en which part ef the premium is te fee derived frem fends contributed
eligible employees, excluding any tts te whom evidence of individual insurability is net aatiafnctory te the insurer, elect te make the required contributions. A policy on which no part of the premium is to be derived from funds contributed by the insured employees must insure all eligible employees or all except any as to whom evidence of individual insurability is not satisfactory to the insurer;".
Section 2. Said Code Section 33-27-1 is further amended by striking subparagraph (C) of paragraph (1) and inserting in lieu thereof a new subparagraph (C) to read as fol lows:
"(C) The policy must cover at least five two employees at date of issue; and".
Section 3. Said Code Section 33-27-1 is further amended by striking subparagraph (B) of paragraph (4), relating to policies issued to labor union groups, and inserting a new subparagraph (B) to read as follows:
"(B) The premium for the policy shall be paid by the policyholder either wholly from the union's funds or partly from such funds and partly from funds contributed by the insured members specifically for their insurance. No policy may be issued on which the entire premium is to be derived from funds contributed by the insured members specifically for their insurance. A pelicy en which part ef- the premium is te be derived from funds contributed by the insured members specifically for their insurance may be {MficcQ ift force only rt ftt leflst TO percent of trie then eii^ioxe* memocrs, excluding &ny as te when* evidence ef individual insurability is net satisfactory te the insurer, eteet te make the required contributions. A policy on which no part of the premium is to be derived from funds contributed by the insured members specifically for their insurance must insure all eligible members or all except any as to whom evidence of individual insurability is not satisfactory to the insurer;".
Section 4. Said Code Section 33-27-1 is further amended by striking subparagraph (B) of paragraph (5), relating to policies issued to trustee groups, and inserting in lieu thereof a new subparagraph (B) to read as follows:
"(B) The premium for the policy shall be paid by the trustees wholly from funds contributed by the employer or employers of the insured persons, by the union or unions, or by both or partly from such funds and partly from funds contributed by the insured persons. No policy may be issued on which the entire premium is to be derived from funds contributed by the insured persons specifically for their insurance. A policy on wnicn petFt of trie premium ts to oe derives from funds contnDuted &y two insured" persona specifically for their insurance may fee placed in force enfy if tit least 36 percent Or tne tnen eii^ioie persons, excludin flny fts to whom evidence of insut&oiirty is not satiafnctory te the insurer, elect te make the required contributions: A policy on which no part of the premium is to be derived from funds contributed by the insured persons specifically for their insurance must insure all eligible persons or all except any as to whom evidence of individual insurability is not satisfactory to the insurer;".
Section 5. Said Code Section 33-27-1 is further amended by striking subparagraph (B) of paragraph (6), relating to policies issued to association groups, and inserting in lieu thereof a new subparagraph (B) to read as follows:
"(B) The policy must cover at least 25 members at date of issue er Te percent efthe members eligible for insurance, whichever is the greater;".
Section 6. Code Section 33-30-1 of the Official Code of Georgia Annotated, relating to the definition of group accident and sickness insurance, is amended by striking para graph (1) and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Under a policy issued to an employer or trustees of a fund established by an employer, who shall be deemed the policyholder, insuring at least five two employees of

MONDAY, MARCH 9, 1987

1977

such employer for the benefit of persons other than the employer. As used in this para graph, the term 'employees' includes the officers, managers, and employees of the employer; the individual proprietor or partners, if the employer is an individual proprie tor or partnership; the officers, managers, and employees of subsidiary or affiliated cor porations; and the individual proprietors, partners, and employees of individuals and firms, if the business of the employer and such individual or firm is under common con trol through stock ownership, contract, or otherwise. The term may include retired employees. A policy issued to insure employees of a public body may provide that the term 'employees' shall include elected or appointed officials;".
Section 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Groover of the 99th moves to amend the Committee Substitute to SB 361 by striking from line 3 of page 1 the following:
"and".
By adding on line 6 of page 1 after "policies," and before "so" the following:
"and Code Section 33-29-18, relating to the definition and requirements of accident and sickness insurance issued on a franchise plan,".
By adding between lines 6 and 7 of page 4 the following:
"Section 6. Code Section 33-29-18, relating to the definition and requirements of acci dent and sickness insurance issued on a franchise plan, is amended by striking para graph (1) of subsection (b) and inserting in its place a new paragraph (1) to read as follows:
'(1) Few Two or more employees of any corporation, copartnership, or individual employer or any governmental corporation, agency, or department thereof; or'".
By striking on line 7 of page 4 the following:
"Section 6",
and inserting in its place the following:
"Section 7".
By striking from line 30 of page 4 the following:
"Section 7",
and inserting in its place the following:
"Section 8".

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 109, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

SB 10. By Senator Tolleson of the 32nd:

1978

JOURNAL OF THE HOUSE,

A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Anno tated, relating to regulation of fire and other hazards, so as to provide for placement of smoke or products of combustion detectors in new single-family and multifamily residential construction; to provide for rules and regulations.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, so as to require placement of smoke detectors in new dwelling units; to provide requirements relative to placement of smoke detectors; to provide for minimum standards for such detectors; to provide requirements for installa tion; to provide exceptions; 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 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, is amended by adding at the end of said chapter a new Code Section 25-2-40 to read as follows:
"25-2-40. (a) Except as otherwise provided in subsection (f) of this Code section, on and after July 1, 1987, every new dwelling and every new dwelling unit within an apart ment, house, condominium, and townhouse and every motel, hotel, and dormitory shall be provided with an approved listed smoke detector installed in accordance with the manufacturer's recommendations and listing.
(b) In dwellings, dwelling units, and other facilities listed in subsection (a) of this Code section, a smoke detector shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to each group of rooms used for sleeping purposes. Where the dwelling or dwelling unit contains more than one story, detectors are required on each story including cellars and basements, but not including uninhabitable attics.
(c) In dwellings, dwelling units, and other facilities listed in subsection (a) of this Code section with split levels, a smoke detector need be installed only on the upper level, provided the lower level is less than one full story below the upper level, except that if there is a door between levels then a detector is required on each level. Such detectors shall be connected to a sounding device or other detector to provide an alarm which will be audible in the sleeping areas.
(d) Detectors shall be listed and meet the installation requirements of NFiPA 74 and NFiPA 72A.
(e) Any complete automatic fire alarm system using automatic smoke detectors shall be installed in accordance with NFiPA 72E.
(f) The provisions of this Code section shall not apply in counties and municipalities which have not adopted building codes."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron YAdams.G
Y Adams.M Aiken
Y Alford Y Alien

Y Athon Y Atkins
Y Bailey Y Balkcom Y Bannister Y Bargeron

Barnett,B Y Barnett.M
Y Beck Y Benefield
Benn Birdsong

Bishop Bostick
Y Branch Bray
Y Brooks Brown

Buck Y Buford
Y Byrd Y Carrell
Carter Y Chambless

MONDAY, MARCH 9, 1987

1979

Chance Y Cheeks Y Childers
Childs Y Clark,B Y Clark,L Y Colbert
Coleman Y Colwell Y Connell
Cooper Y Couch
YCox Y Crawford
Crosby Y Cummings Y Davis,G Y Davis,M
Dixon YDobbs Y Dover YDunn Y Edwards Y Felton Y Floyd N Foster YGaler YGodbee Y Goodwin Y Green

Y Greene YGreer Y Gresham N Griffin
Groover Y Hamilton
Hanner Harris Y Hasty YHays Y Heard Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,,! Jackson.W Y Jamieson Y Johnson.D Y Johnson.R Kilgore Kingston Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence

Y Lawson YLee Y Under NLong YLord
Lucas Y Lupton Y Mangum Y Martin
McDonald Y McKelvey Y McKinney YMilam Y Milford Y Mobley Y Moody Y Moore Y Morion
Mostiler Y Moultrie
Y Mueller Y Oliver Y Orrock Y Padgett
Pannell Y Parham Y Parrish Y Patten Y Peters
Pettit

Phillips Y Pinkston Y Pittman Y Porter
Y Powell N Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom YRay Y Reaves Y Redding
Richardson Y Ricketson
Robinson.C Y Robinson,? N Royal YSelman Y Shepard
Sherrod Y Simpson
Sinkfield Y Sizemore
Smith.L Y Smith,? Y Smith.T Y Smith.W
Smyre

YSnow Y Stancil Y Stanley
Steinberg N Stephens Y Thomas.C
Y Thomas,M Y Thompson Y Thurmond Y Townsend
Y Triplett YTwiggs Y Waddle Y Waldrep Y Walker.C
Walker,L YWall YWare
Y Watson Y Watts
White Y Wilder
WiUiams.B Williams.J Wilson Y Wood Y Workman YYeargin Y Young Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 131, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Resolution of the House was read and adopted:

HR 417. By Representatives Padgett of the 86th, Murphy of the 18th, Connell of the 87th, Cheeks of the 89th, Edwards of the 112th and Groover of the 99th:
A resolution commending Mr. Marvin E. Brazeal.

Under the general order of business, established by the Committee on Rules, the follow ing Bill of the Senate was again taken up for consideration:

SB 33. By Senator Peevy of the 48th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions regarding local government, so as to pro vide for criminal penalties in certain cases where garbage, trash, waste, or refuse is transported across state or county boundaries for the purpose of dumping without permission.

The following amendment was read and withdrawn:

The Committee on Special Judiciary moves to amend SB 33 by inserting on line 6 of page 1 between "dumping" and "without" the following:
"the same at certain dumps, landfills, or sanitary landfills". By inserting on line 21 of page 1 between "dump" and ", unless" the following:
"j landfill, or sanitary landfill".

The following substitute, offered by Representative Mobley of the 64th, was read:

1980

JOURNAL OF THE HOUSE,

A BILL
To amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, so as to provide for criminal penalties in certain cases where garbage, trash, waste, or refuse is transported across state or county boundaries for the purpose of dumping without permission; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, is amended by striking Code Section 36-1-16, relating to certain transportation of garbage, trash, waste, or refuse across state or county boundaries, and inserting in its place a new Code Section 36-1-16 to read as fol lows:
"36-1-16. (a) No person, firm, corporation, or employee of any municipality shall transport, pursuant to a contract, whether oral or otherwise, garbage, trash, waste, or refuse across state or county boundaries for the purpose of dumping the same at a pub licly or privately owned dump, unless permission is first obtained from the governing authority of the county in which the dump is located and from the governing authority of the county in which the garbage, trash, waste, or refuse is collected.
(b) Any person, firm, corporation, or employee of any municipality who violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $200.00."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and withdrawn:

Representative Mueller of the 126th moves to amend the Floor substitute to SB 33 as follows:
Strike line 21, page 1, the words "or privately".

Representative Ransom of the 90th moves to amend the Floor substitute to SB 33 as follows:
Page 1, lines 23-25 by deleting:
"and from the governing authority of the county in which the garbage, trash, waste, or refuse is collected.".

Representative Mobley of the 64th moves to amend the Floor substitute to SB 33 by inserting on line 6 of page 1 between "dumping" and "without" the following:
"the same at certain dumps, landfills, or sanitary landfills".
By inserting on line 21 of page 1 between "dump" and ", unless" the following:
"j landfill, or sanitary landfill".

Representative Kingston of the 125th, et al, move to amend the Floor substitute to SB 33 by inserting on line 5 of page 1 between "or" and "county" the following:
"nonadjacent". By inserting on line 6 of page 1 between "permission;" and "to" the following: "to provide for exceptions;". By inserting on line 19 of page 1 between "or" and "county" the following:

MONDAY, MARCH 9, 1987

1981

"nonadjacent".
By striking from lines 26, 27, and 28 of page 1 the following:
"(b) Any person, firm, corporation, or employee of any municipality who violates this Code section shall be guilty of a misdemeanor.'",
and inserting in their place the following:
"(b) Subsection (a) of this Code section shall not apply in any case where the nearest available dump utilized by such person, firm, corporation, or employee is across adjacent county lines.
(c) Any person, firm, corporation, or employee of any municipality who is convicted of violating subsection (a) of this Code section shall be punished by a fine of not more than $25.00.'"

The Floor substitute was withdrawn.

The following substitute, offered by Representatives Mobley of the 64th and Kingston of the 125th, was read:

A BILL
To amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, so as to provide for criminal penalties in certain cases where garbage, trash, waste, or refuse is transported across state or county boundaries for the purpose of dumping without permission; to provide for exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, is amended by striking Code Section 36-1-16, relating to certain transportation of garbage, trash, waste, or refuse across state or county boundaries, and inserting in its place a new Code Section 36-1-16 to read as fol lows:
"36-1-16. (a) No person, firm, corporation, or employee of any municipality shall transport, pursuant to a contract, whether oral or otherwise, garbage, trash, waste, or refuse across state or county boundaries for the purpose of dumping the same at a pub licly or privately owned dump, landfill, or sanitary landfill unless permission is first obtained from the governing authority of the county in which the dump2 landfill, or sanitary landfill is located and from the governing authority of the county in which the garbage, trash, waste, or refuse is collected.
(b) Subsection (a) of this Code section shall not apply in any case where the service area from which such garbage, trash, waste, or refuse is collected is located in a city hav ing a population of less than 7,500 according to the 1980 United States decennial census or any future such census.
(c) Any person, firm, corporation, or employee of any municipality who is convicted of violating subsection (a) of this Code section shall be punished by a fine of not more than $200.00."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Milford of the 13th moves to amend the Floor substitute to SB 33 as follows:

1982

JOURNAL OF THE HOUSE,

By striking the words "No person" on line 17, page 1.

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

N Aaron N Adams.G N Adams,M N Aiken N Alford Y Alien N Athon N Atkins Y Bailey YBalkcom N Bannister Y Bargeron N Barnett.B N Barnett.M
NBeck Y Benefield
Benn N Birdsong
Bishop N Bostick N Branch YBray
Brooks Brown
NBuck Y Buford YByrd N Carrell
Carter Chambless
Y Chance Y Cheeks N Childers
N Childs N Clark.B
Clark,L

N Colbert Y Coleman Y Colwell
Connell
Cooper N Couch
YCoj N Crawford
Crosby Cummings N Davis,G N Davis.M Dixon Dobbs Y Dover Dunn
N Edwards N Felton N Floyd Y Foster N Galer N Godbee N Goodwin Y Green
Greene
NGreer Gresham
Y Griffin N Groover N Hamilton
Manner N Harris Y Hasty YHays N Heard
Hensley

N Herbert N Holcomb
N Holmes Y Hooks N Hudson N Isakson
Jackson,J N Jackson.W N Jamieson N Johnson.D Y Johnson.R N Kilgore N Kingston
Y Lane.D N Lane,R
Langford Lawler N Lawrence
Y Lawson YLee N Under N Long NLord Y Lucas N Lupton N Mangum
Martin N McDonald N McKelvey
McKinney Milam Y Milford
N Mobley N Moody
Moore Y Morton

Mostiler Moultrie Mueller Y Oliver
Orrock Y Padgett
Pannell Parham Parrish N Patten Y Peters Pettit Phillips Y Pinkston
N Pittman N Porter N Powell N Prichard Y Rainey N Ramsey.T N Ramsey.V N Randall Y Ransom
NRay N Reaves
N Redding N Richardson N Ricketson
Robinson.C N Robinson.P
N Royal N Selman
N Shepard Y Sherrod N Simpson Y Sinkfield

On the adoption of the amendment, the ayes were 46, nays 90. The amendment was lost.

Y Sizemore Y Smith,L
N Smith.P Y Smith.T N Smith.W
Smyre YSnow Y Stencil N Stanley
Steinberg Y Stephens
Thomas.C Y Thomas,M N Thompson N Thurmond N Townsend
Y Triplett YTwiggs N Waddle
Waldrep N Walker.C N Walker.L N Wall YWare N Watson
Watts White
N Wilder Williams.B
N Williams.J Wilson
Y Wood N Workman N Yeargin N Young
Murphy,Spkr

The Floor substitute was adopted.

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

Y Aaron Y Adams.G Y Adams.M
Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey N Balkcom Y Bannister N Bargeron Y Barnett,B Y Barnett.M NBeck Y Benefield

Benn Y Birdsong
Y Bishop Y Bostick Y Branch
Bray Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter N Chambless N Chance N Cheeks

Y Childers Y Childs
Y Clark.B Clark,L
Y Colbert
Y Coleman Y Colwell Y Connell
Cooper Y Couch YCox Y Crawford
Y Crosby Y Cummings Y Davis,G Y Davis.M

Y Dixon Dobbs
Y Dover Dunn
Y Edwards
Felton Y Floyd
N Foster Galer
YGodbee Y Goodwin Y Green
Y Greene Y Greer Y Gresham N Griffin

Y Groover
Hamilton Hanner Y Harris
Y Hasty NHays Y Heard
Y Hensley Y Herbert
Y Holcomb Y Holmes
Hooks Y Hudson Y Isakson Y Jackson.J
Y Jackson.W

MONDAY, MARCH 9, 1987

1983

Y Jamieson Y Johnson,D Y Johnson.R Y Kilgore Y Kingston YLane,D YLane,R
Langford Y Lawler
Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum
Martin Y McDonald

Y McKelvey McKinney Milam
N Milford
Y Mobley Y Moody
Moore N Morton
Moatiler N Moultrie
Mueller Y Oliver Y Orrock Y Padgett
Pannell Parham Y Parrish N Patten Y Peters Pettit

Phillips Y Pinkston
Y Pittman Y Porter N Powell Y Prichard
Rainey Y Ramsey.T N Ramsey.V Y Randall N Ransom
NRay Y Reaves Y Redding Y Richardson Y Ricketson
Robinson.C Y Robinson.P Y Royal Y Selman

Y Shepard N Sherrod Y Simpson Y Sinkfield
N Sizemore Y Smith.L
Smith,P Smith.T Y Smith.W Smyre N Snow Y Stancil Y Stanley Steinberg Y Stephens
Thomas.C Y Thomas,M Y Thompson Y Thurmond
Y Townsend

Y Triplett
N 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 Williams,J
Wilson Y Wood Y Workman Y Yeargin N Young
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 125, nays 22.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

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

HB 925. By Representative Waldrep of the 80th:
A bill to amend an Act creating a board of commissioners for Monroe County, so as to provide for the election and terms of members of the board of commissioners.

HB 1016.

By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A bill to provide for the merger and consolidation of the existing Floyd County School System and the existing City of Rome Independent School System into a single county-wide school system.

HB 1070. By Representatives Triplett of the 128th, Johnson of the 123rd, Mueller of the 126th, Alien of the 127th and Hamilton of the 124th:
A bill to amend an Act creating the office of Chatham County Tax Commis sioner, so as to provide that the Commissioners of Chatham County shall pay the costs of any supplies, equipment, and employees necessary for perfor mance of the tax commissioner.

HB 1084.

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 to change the composition of and the manner of selection of the members of the board of education of Clayton County, so as to change the compensation of the chairman or president and other members of the board.

1984

JOURNAL OF THE HOUSE,

HB 1126. By Representative Dixon of the 151st:
A bill to amend an Act providing and establishing a new charter for the City of Waycross, so as to provide for the office of mayor.

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

HB 1033.

By Representatives Johnson of the 123rd, Triplett of the 128th, Mueller of the 126th, Alien of the 127th and Hamilton of the 124th:
A bill to create the Chatham County Law Enforcement and Jails Study Commission.

The Speaker Pro Tem 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 159. By Senators Scott of the 2nd, Albert of the 23rd and Langford of the 35th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish the State Children's Trust Fund and the State Children's Trust Fund Commission; to provide a short title; to define certain terms; to provide for the membership of the State Children's Trust Fund Commission and its powers and compensation.

The following Committee substitute was read:

A BILL
To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish the State Children's Trust Fund and the State Children's Trust Fund Commission; to provide a short title; to define certain terms; to provide for the membership of the State Children's Trust Fund Commission and its powers and compensation; to require the Department of Human Resources to develop criteria for determining eligibility for funds to be used for child abuse and neglect prevention; to pro vide for the appropriation of funds to and the disbursement of funds from the State Children's Trust Fund for child abuse and neglect prevention programs; to provide for grants to private nonprofit or public organizations; to require such organizations to meet certain criteria; to provide for administration of the State Children's Trust Fund by the director of the Fiscal Division of the Department of Administrative Services; to provide for the investment of trust fund money; to provide that an amount equal to certain collec tions shall be appropriated to the State Children's Trust Fund; to provide for disburse ment of trust fund money; 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 an additional fee in divorce cases; to provide for the disposition of such fees; to provide a penalty for the delinquent remission of moneys; to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs in the probate courts and compen sation of probate judges, so as to provide an additional fee for issuing a marriage license; to provide for the disposition of such fees; to provide a penalty for delinquent remission of moneys; to provide an effective date; to provide a termination date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by adding at the end thereof a new Chapter 14 to read as follows:

MONDAY, MARCH 9, 1987

1985

"CHAPTER 14 ARTICLE 1
19-14-1. This chapter shall be known and may be cited as the 'Child Abuse and Neglect Prevention Act.'
19-14-2. As used in this chapter, the term: (1) 'Child' means a person under 18 years of age. (2) 'Child abuse' means harm or threatened harm to a child's health or welfare by
a person responsible for the child's health or welfare, which harm occurs or is threat ened through nonaccidental physical or mental injury or the commission of a crime involving physical or sexual abuse of a child.
(3) 'Commission' means the State Children's Trust Fund Commission created in Code Section 19-14-3.
(4) 'Neglect' means harm to a child's health or welfare by a person responsible for the child's health or welfare which occurs through negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care.
(5) 'Prevention program' means a system of direct provision of child abuse and neglect prevention services to a child, parent, or guardian and may include research or educational programs related to prevention of child abuse and neglect.
(6) 'Trust fund' means the State Children's Trust Fund established in Code Section 19-14-20. 19-14-3. (a) There is established the State Children's Trust Fund Commission which is assigned to the Department of Human Resources for administrative purposes only, as prescribed in Code Section 50-4-3. (b) The State Children's Trust Fund Commission shall consist of 15 members appointed by the Governor and confirmed by the Senate. Members shall be appointed for terms of four years, their initial appointments, however, being five for four-year terms, five for three-year terms, and five for two-year terms. State officers or employees may be appointed to the commission unless otherwise prohibited by law; provided, how ever, that one citizen member shall be appointed from each congressional district. As a group, the citizen members shall demonstrate knowledge in the area of child abuse and neglect prevention and, to the extent practicable, shall represent private nonprofit agen cies or individual professions which have special expertise or community involvement specifically in the area of child abuse prevention, professional providers of child abuse and neglect prevention services, and volunteers in child abuse and neglect prevention services. (c) In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled in the same manner as the original appointment and the successor shall serve for the unexpired term. (d) The initial terms for all members shall begin September 1, 1987. (e) Membership on the commission does not constitute public office and no member shall be disqualified from holding public office by reason of his membership. (f) The Governor shall designate a chairperson of the commission from among the members, which chairperson shall serve in that position at the pleasure of the Governor. The commission may elect such other officers and committees as it considers appropri ate.
(g) The commission, with the approval of the Governor, may employ such profes sional, technical, or clerical personnel as deemed necessary to carry out the purposes of this chapter. Such personnel may be members of the classified service of the State Merit System of Personnel Administration as defined in paragraph (2) of Code Section 45-20-2.
19-14-4. Members of the commission shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the commission is in attendance at a meeting of such commission, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other

1986

JOURNAL OF THE HOUSE,

remuneration now received by any such member for such attendance. Expense allow ances and other costs authorized in this Code section shall be paid from moneys in the trust fund.
19-14-5. (a) The commission shall do all of the following: (1) Meet at such times and places as it shall determine necessary or convenient to
perform its duties. The commission shall also meet on the call of the chairperson or the Governor;
(2) Maintain minutes of its meetings; (3) Adopt rules and regulations for the transaction of its business; (4) Accept applications for disbursements of available money from the trust fund for child abuse and neglect prevention purposes; (5) Maintain records of all expenditures of the commission, funds received as gifts and donations, and disbursements made from the trust fund; and (6) Conform to the standards and requirements prescribed by the state auditor pursuant to Chapter 6 of Title 50. (b) The commission shall utilize existing state resources and staff of participating departments whenever practicable. 19-14-6. The commission may recommend to the Governor and the General Assembly changes in state programs, statutes, policies, budgets, and standards which will reduce the problem of child abuse and neglect, improve coordination among state agencies that provide prevention services, and improve the condition of children and parents or guard ians who are in need of prevention program services. 19-14-7. The commission may accept federal funds granted by Congress or executive order for the purposes of this chapter as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds does not commit state funds and does not place an obligation upon the General Assembly to con tinue the purposes for which the federal funds are made available. All funds received in the manner described in this Code section shall be transmitted to the director of the Fiscal Division of the Department of Administrative Services for deposit in the trust fund to be disbursed as other moneys in such trust fund. 19-14-8. The Department of Human Resources under the direction of the commis sioner of human resources and the Board of Human Resources shall develop and furnish to the commission criteria for determining eligibility for receipt of disbursements from the trust fund. 19-14-9. (a) The commission may authorize the disbursement of available money from the trust fund after appropriation thereof to an entity or program eligible pursuant to the criteria of the Department of Human Resources for exclusively the following pur poses, which are listed in the order of preference for expenditure: (1) To fund a private nonprofit or public organization in the development or oper ation of a prevention program if at least all of the following conditions are met:
(A) The organization demonstrates a broad-based community involvement emphasizing volunteer efforts and a demonstrated expertise in child abuse preven tion issues;
(B) The organization demonstrates an ability to match, through money or in-kind services, 50 percent of the amount of any trust fund money received. The amount and types of in-kind services are subject to the approval of the commission;
(C) The organization demonstrates a willingness and ability to provide program models and consultation to organizations and communities regarding program development and maintenance; and
(D) Other conditions that the commission may deem appropriate;
(2) To fund services or facilities connected with child abuse and neglect preven tion; and
(3) To fund the commission created in Code Section 19-14-3 for the actual and necessary operating expenses that the commission incurs in performing its duties,
(b) Authorizations for disbursement of trust fund money under paragraph (3) of sub section (a) of this Code section shall be kept at a minimum in furtherance of the pri mary purpose of the trust fund which is to disburse money under paragraphs (1) and

MONDAY, MARCH 9, 1987

1987

(2) of subsection (a) of this Code section to encourage the direct provision of services to prevent child abuse and neglect.
(c) No funds shall be disbursed from the trust fund to any organization or other entity or for any purpose authorized in subsection (a) of this Code section until approved by the Governor; provided, however, that the Governor may not authorize the disbursement of funds to an organization or other entity which the commission has not recommended for a grant.
(d) Notwithstanding any other provisions of this chapter to the contrary, no funds shall be disbursed from the trust fund prior to July 1, 1988, except to pay operating expenses of the commission pursuant to paragraph (3) of subsection (a) of this Code section.
ARTICLE 2
19-14-20. The State Children's Trust Fund is created as a separate fund in the state treasury. The fund shall be expended only as provided in this chapter.
19-14-21. (a) The director of the Fiscal Division of the Department of Administra tive Services shall credit to the trust fund all amounts appropriated or donated to such trust fund. All funds appropriated to or otherwise paid into the trust fund shall be pre sumptively concluded to have been committed to the purpose for which they have been appropriated or paid and shall not lapse.
(b) An amount equal to all funds paid into the general treasury pursuant to Code Sections 15-6-77.4 and 15-9-60.1 in the immediately preceding year shall be appropriated to the State Children's Trust Fund to implement and carry out the provisions of this chapter. This subsection shall be subject to the normal appropriation process.
19-14-22. The director of the Fiscal Division of the Department of Administrative Services shall invest trust fund money in the same manner in which state funds are invested as authorized by the State Depository Board pursuant to Article 3 of Chapter 17 of Title 50.
19-14-23. After determining that a disbursement should be made pursuant to Code Section 19-14-9 and after approval of such disbursement by the Governor, the commis sion shall forward a certified copy of the order granting the payment to the Fiscal Divi sion of the Department of Administrative Services, which shall be authorized to draw a warrant or warrants upon the State Children's Trust Fund to pay the amount of the disbursement from such trust fund."
Section 2. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to clerks of superior courts, is amended by adding between Code Sections 15-6-77.3 and 15-6-78 a new Code Section 15-6-77.4 to read as follows:
"15-6-77.4. (a) In addition to any fees required in Code Sections 15-6-77, 15-6-77.2, and 15-6-77.3 and Code Section 47-14-51, for filing each divorce case, the clerk of supe rior court shall charge an additional fee of $20.00. Each clerk of the superior court shall collect the additional fees for divorce cases as provided in this Code section and shall pay such moneys over to the commissioner of revenue by the last day of the month there following, to be deposited by him into the general treasury. The commissioner of revenue shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget and the Legislative Budget Office no later than 30 days after the last day of the preceding quarter.
(b) When any such person whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount."
Section 3. Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Anno tated, relating to costs in the probate courts and compensation of probate judges, is

1988

JOURNAL OF THE HOUSE,

amended by adding between Code Sections 15-9-60 and 15-9-61 a new Code Section 15-9-60.1 to read as follows:
"15-9-60.1. (a) In addition to any fees required in Code Section 15-9-60 for receiv ing marriage applications, issuing marriage licenses, and recording relative thereto, the judge of the probate court shall charge an additional fee of $10.00 for issuing a marriage license. No amount of this additional fee shall be paid into the Judges of the Probate Courts Retirement Fund of Georgia provided for in Chapter 11 of Title 47 nor be used for the purpose of calculating retirement benefits for judges of the probate courts. Each judge of the probate court shall collect the additional fees for issuing marriage licenses as provided in this Code section and shall pay such moneys over to the commissioner of revenue by the last day of the month there following, to be deposited by him into the general treasury. The commissioner of revenue shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget and the Legislative Budget Office no later than 30 days after the last day of the preceding quarter.
(b) When any such person whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount."
Section 4. The purpose of this Act is to implement the amendment to the Constitu tion authorizing the creation of a State Children's Trust Fund (Ga. L. 1986, p. 1631).
Section 5. The provisions of this Act shall become effective on July 1, 1987.
Section 6. This Act shall be repealed in its entirety effective July 1, 1995.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Smith of the 78th moves to amend the House Committee on Appropri ations substitute to SB 159 by striking from lines 21 through 29 of page 1 and lines 1 and 2 of page 2 the following:
"to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to clerks of superior courts, so as to provide an additional fee in divorce cases; to provide for the disposition of such fees; to provide a penalty for the delinquent remission of moneys; to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs in the probate courts and compensation of pro bate judges, so as to provide an additional fee for issuing a marriage license; to provide for the disposition of such fees; to provide a penalty for delinquent remission of moneys;",
and inserting in its place the following:
"to provide for legislative intent;".
By deleting line 1 of page 9 through line 33 of page 10.
By redesignating Sections 4 through 7 as Sections 2 through 5, respectively.

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

Y Aaron N Adams.G Y Adams.M

N Aiken Y Alford Y Alien

Y Athon N Atkins N Bailey

N Balkcom Y Bannister N Bargeron

Y Barnett.B Y Barnett.M Y Beck

MONDAY, MARCH 9, 1987

1989

N Benefield Benn
N Birdsong N Bishop N Bostick Y Branch
Bray N Brooks N Brown YBuck Y Buford YByrd
Carrell N Carter
Chambless Y Chance N Cheeks N Childers N Childs N Clark,B Y Clark.L
Colbert N Coleman N Colwell
Connell N Cooper
Couch YCox
Crawford Crosby N Curamings N Davia.G Y Davis.M

Dixon NDobbs Y Dover
Dunn Edwards Y Felton Y Floyd N Foster N Galer NGodbee N Goodwin Green Y Greene NGreer N Gresham N Griffin Y Groover Hamilton
Manner Y Harris N Hasty N Hays Y Heard N Hensley N Herbert N Holcomb N Holmes Y Hooks Y Hudson NIsakson N Jackson ,J N Jackson.W
Y Jamieson

N Johnson.D N Johnson.R N Kilgore Y Kingston NLane.D Y Lane,R
Langford N Lawler N Lawrence
Lawson NLee N Under YLong YLord N Lucas N Lupton
Mangum N Martin
McDonald N McKelvey N McKinney N Milam
Y Milford Y Mobley Y Moody Y Moore Y Morton
Mostiler N Moultrie
Mueller Y Oliver
NOrrock N Padgett

N Pannell Parham Parrish
Y Patten
Y Peters Pettit
Y Phillips N Pinkston N Pittman N Porter N Powell N Prichard Y Rainey N Ramsey.T N Ramsey.V
N Randall N Ransom
YRay N Reaves N Redding N Richardson N Ricketson
Robinson,C N Robinson,? Y Royal NSelman N Shepard YSherrod N Simpson N Sinkfield N Sizemore Y Smith.L
Smith,P

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

On the adoption of the amendment, the ayes were 52, nays 94. The amendment was lost.

The following amendment was read:

Representative Childers of the 15th, et al, move to amend the Committee substitute to SB 159 as follows:
By striking the language beginning with the word "In" on page 10, line 3, through the word "License" on line 8, page 10, and by changing the figure "$20.00" on line 10, page 9 to "$30.00".

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

N Aaron N Adams.G YAdams.M N Aiken Y Alford N Alien Y Athon N Atkins N Bailey N Balkcom N Bannister YBargeron N Barnett.B N Barnett.M NBeck N Benefield
Benn N Birdsong N Bishop N Bostick Y Branch

NBray N Brooks N Brown NBuck N Buford
NByrd N Carrell N Carter
Chambless Y Chance Y Cheeks Y Childers N Childs N Clark.B N Clark,L N Colbert N Coleman Y Colwell
Connell
N Cooper N Couch

YCox
Crawford Crosby N Cummings N Davis,G Y Davis,M Dixon NDobbs Y Dover
Dunn Y Edwards N Felton Y Floyd
Y Foster N Galer NGodbee N Goodwin N Green N Greene
Greer
N Gresham

Y Griffin N Groover N Hamilton
N Hanner N Harris N Hasty NHays Y Heard N Hensley N Herbert N Holcomb N Holmes
Y Hooks N Hudson N Isakson N Jackson.J N Jackson.W N Jamieson N Johnson,D N Johnson.R N Kilgore

N Kingston NLane.D
NLane,R Langford
N Lawler N Lawrence
N Lawson NLee N Linder NLong YLord N Lucas N Lupton Y Mangum N Martin N McDonald Y McKelvey
McKinney N Milam Y Milford N Mobley

1990

JOURNAL OF THE HOUSE,

Y Moody N Moore N Morton
Mostiler Y Moultrie
Mueller Y Oliver NOrrock Y Padgett N Pannell N Parham N Parrish Y Patten Y Peters Y Pettit

N Phillips N Pinkston N Pittman N Porter N Powell N Prichard Y Rainey N Ramsey.T Y Ramsey.V N Randall N Ransom
NRay N Reaves N Redding N Richardson

N Ricketson N Robinson,C N Robinson,P N Royal N Selman
N Shepard N Sherrod N Simpson N Sinkfield N Sizemore
N Smith.L Smith.P
Y Smith,T N Smith.W N Smyre

YSnow Y Stancil N Stanley N Steinberg N Stephens
N Thomas.C Thomas.M
N Thompson Thurmond
N Townsend Y Triplett Y Twiggs N Waddle N Waldrep N Walker.C

On the adoption of the amendment, the ayes were 39, nays 124. The amendment was lost.

N Walker,L Y Wall
N Ware N Watson Y Watts N White N Wilder N Williams,B N Williams,,!
Wilson
Y Wood N Workman N Yeargin N Young
Murphy ,Spkr

The following amendment was read:

Representative Bostick of the 138th moves to amend the Committee substitute to SB 159 as follows:
By striking "$20.00" on line 10, page 9 and inserting "$5.00" and by striking "$10.00" on page 10, line 7 and inserting "$2.00".

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

Y Aaron N Adams.G Y Adams,M N Aiken Y Alford N Alien
N Athon N Atkins N Bailey Y Balkcom
Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck N Benefield
Benn N Birdsong N Bishop Y Bostick Y Branch YBray N Brooks N Brown YBuck Y Buford YByrd Y Carrell Y Carter
Y Chambless Y Chance
N Cheeks N Childers N Childs N Clark.B N Clark,L

N Colbert Y Coleman Y Colwell
Connell
N Cooper Y Couch YCox Y Crawford Y Crosby N Cummings
N Davis,G Y Davis,M Y Dixon
YDobbs Y Dover N Dunn N Edwards N Felton Y Floyd
Foster N Galer YGodbee
N Goodwin
Y Green Y Greene
Greer N Gresham Y Griffin Y Groover N Hamilton N Hanner Y Harris
Y Hasty YHays Y Heard N Hensley

N Herbert
N Holcomb N Holmes N Hooks Y Hudson N Isakson
Y Jackson,J N Jack8on,W Y Jamieson N Johnson,D
N Johnson,R N Kilgore N Kingston Y Lane,D YLane,R
Langford N Lawler N Lawrence N Lawson
NLee Y Under
YLong NLord N Lucas N Lupton Y Mangum N Martin N McDonald N McKelvey N McKinney
N Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Mostiler Y Moultrie
Mueller Y Oliver
NOrrock N Padgett N Pannell
Parham Y Parrish
Y Patten Y Peters
Pettit Y Phillips
Y Pinkston N Pittman Y Porter Y Powell Y Prichard Y Rainey N Ramsey.T N Ramsey.V N Randall Y Ransom
YRay N Reaves N Redding N Richardson Y Ricketson Y Robinson.C N Robinson,?
Y Royal N Selman Y Shepard Y Sherrod Y Simpson N Sinkfield

On the adoption of the amendment, the ayes were 89, nays 78. The amendment was adopted.

Y Sizemore
Y Smith.L Smith.P
Y Smith.T
N Smith,W NSmyre YSnow Y Stancil Y Stanley N Steinberg Y Stephens Y Thomas,C Y Thomas.M N Thompson
Thurmond N Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep N Walker.C Y Walker,L YWall
N Ware N Watson N Watts Y White
N Wilder N Williams,B Y Williams,J
Wilson
N Wood N Workman
N Yeargin Y Young
Murphy,Spkr

MONDAY, MARCH 9, 1987

1991

Representative Twiggs of the 4th moved that SB 159 be placed upon the table. On the motion to table, the roll call was ordered and the vote was as follows:

N Aaron N Adams.G Y Adams.M N Aiken Y Alford N Alien N Athon N Atkins N Bailey Y Balkcom N Bannister Y Bargeron N Barnett.B N Barnett,M NBeck N Benefield
Benn N Birdsong N Bishop
Bostick N Branch NBray N Brooks N Brown NBuck Y Buford YByrd
Carrell N Carter Y Chambless N Chance N Cheeks N Childers N Childs
N Clark,B Y Clark,L

Y Colbert Y Coleman
Colwell Connell N Cooper Y Couch YCox Y Crawford Y Crosby Cummings N Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover Dunn N Edwards N Felton Y Floyd Foster N Galer N Godbee N Goodwin N Green Y Greene Greer N Gresham Y Griffin Y Groover N Hamilton
Y Manner Y Harris N Hasty
YHays Y Heard N Hensley

N Herbert N Holcomb N Holmes Y Hooks Y Hudson N Isakson N Jackson,J
N Jackson.W Y Jamieson Y Johnson,D N Johnson.R
N Kilgore Kingston
Y Lane,D Y Lane.R
Langford N Lawler N Lawrence Y Lawson NLee N Linder YLong
YLord N Lucas N Lupton N Mangum N Martin N McDonald N McKelvey N McKinney N Milam Y Milford Y Mobley Y Moody Y Moore N Morton

On the motion, the ayes were 58, nays 104. The motion was lost.

Mostiler
N Moultrie Y Mueller N Oliver N Orrock
N Padgett N Pannell
Par ham N Parrish Y Patten Y Peters
N Pettit N Phillips Y Pinkston N Pittman Y Porter Y Powell N Prichard Y Rainey
Ramsey.T N Ramsey.V N Randall N Ransom YRay N Reaves N Redding N Richardson N Ricketson N Robinson.C N Robinson.P Y Royal N Selman N Shepard Y Sherrod N Simpson N Sinkfield

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

Representative Clark of the 55th moved that the House reconsider its action in adopt ing the Bostick amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron Y Adams.G N Adams,M Y Aiken Y Alford Y Alien N Athon Y Atkins Y Bailey N Balkcom N Bannister Y Bargeron N Barnett.B Y Barnett.M NBeck Y Benefield
Benn Y Birdsong Y Bishop N Bostick N Branch
Bray Y Brooks

Y Brown NBuck N Buford
NByrd Carrell
N Carter Y Chambless
Y Chance N Cheeks Y Childers Y Childs
Y Clark.B N Clark,L
Y Colbert Y Coleman Y Colwell
Connell Y Cooper N Couch NCox N Crawford N Crosby Y Cummings

Y Davis.G N Davis.M N Dixon N Dobbs
N Dover YDunn N Edwards Y Felton N Floyd
Foster Y Galer
N Godbee Y Goodwin N Green N Greene
Greer Y Gresham N Griffin N Groover
Y Hamilton Y Hanner N Harris N Hasty

NHays N Heard
Y Hensley Y Herbert Y Holcomb Y Holmes
Y Hooks N Hudson Y Isakson
Y Jackson,J Y Jackson,W Y Jamieson Y Johnson,D Y Johnson,R Y Kilgore Y Kingston N Lane.D N Lane.R
Langford Y Lawler Y Lawrence N Lawson YLee

Y Linder N Long
NLord Y Lucas Y Lupton
N Mangum Y Martin
Y McDonald Y McKelvey
McKinney Y Milam N Milford N Mobley N Moody N Moore Y Morton
Mostiler Y Moultrie
Mueller Oliver Y Orrock
Y Padgett Y Pannell

1992

JOURNAL OF THE HOUSE,

N Parham N Fairish Y Patten N Peters Y Pettit N Phillips Y Pinkston Y Pittman
Y Porter N Powell Y Prichard
N Rainey Y Ramsey.T

Y Ramsey.V Y Randall N Ransom NRay Y Reaves
Y Redding Y Richardson N Ricketson Y Robinson.C Y Robinson.P N Royal Y Selman N Shepard

N Sherrod N Simpson Y Sinkfield N Sizemore Y Smith,L
Smith.P N Smith.T Y Smith,W Y Smyre N Snow N Stancil Y Stanley Y Steinberg

N Stephens N Thomas.C
Thomas,M Y Thompson
Thurmond Y Townsend N Triplett N Twiggs N Waddle N Waldrep Y Walker.C N Walker,L Y Wall

On the motion, the ayes were 92, nays 72. The motion prevailed.

Y Ware Y Watson N Watts N White
Y Wilder Y Williams.B Y WilliamsJ
Wilson Y Wood Y Workman
Y Yeargin N Young
Murphy.Spkr

The following amendment was read:

Representative Bostick of the 138th moves to amend the Committee substitute to SB 159 as follows:
By striking "$20.00" on line 10, page 9 and inserting "$5.00" and by striking "$10.00" on page 10, line 7 and inserting "$2.00".

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

Y Aaron Y Adams,G Y Adams.M N Aiken Y Alford N Alien Y Athon N Atkins N Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck N Benefield
Benn Y Birdsong
N Bishop Y Bostick Y Branch
Bray N Brooks N Brown YBuck
Y Buford YByrd
Carrell
Y Carter Y Chambless Y Chance N Cheeks N Childers N Childs N Clark,B Y Clark.L

N Colbert Y Coleman Y Colwell
Connell
N Cooper Y Couch YCoi Y Crawford
Y Crosby N Cummings N Davis.G Y Davis,M Y Dixon YDobbs
Y Dover NDunn Y Edwards N Felton
Y Floyd Foster
N Galer God bee
N Goodwin
Y Green Y Greene
Greer
N Gresham Y Griffin Y Groover N Hamilton Y Manner Y Harris Y Hasty YHays Y Heard N Hensley

N Herbert N Holcomb N Holmes
Y Hooks Y Hudson
N Isakson Y Jackson.J N Jackson.W Y Jamieson Y Johnson.D N Johnson.R
N Kilgore N Kingston Y Lane,D
Y Lane,R Langford
N Lawler N Lawrence Y Lawson
NLee N Linder YLong
YLord N Lucas N Lupton Y Mangum
Y Martin N McDonald N McKelvey N McKinney N Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Mostiler Y Moultrie
Y Mueller Y Oliver N Orrock
N Padgett N Pannell
Parham Y Parrish
Y Patten Y Peters N Pettit Y Phillips
Y Pinkston N Pittman Y Porter Y Powell N Prichard
Y Rainey Ramsey.T
N Ramsey.V N Randall
N Ransom YRay N Reaves N Redding
N Richardson Y Ricketson N Robinson.C N Robinson.P Y Royal N Selman N Shepard Y Sherrod Y Simpson N Sinkfleld

On the adoption of the amendment, the ayes were 91, nays 72. The amendment was adopted.

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

MONDAY, MARCH 9, 1987

1993

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

Y Aaron
Y Adams.G N Adams.M Y Aiken N Alford Y Alien N Athon Y Atkins Y Bailey N Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks Y Brown YBuck N Buford NByrd
Carrell Y Carter N Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B N Clark,L

Y Colbert Y Coleman Y Colwell
Connetl
Y Cooper Y Couch YCox N Crawford Y Crosby
Cummings Y Davis.G
Davis.M Y Dixon Y Dobbs N Dover YDunn Y Edwards Y Felton N Floyd
Foster Y Galer Y Godbee
Goodwin Y Green N Greene
Greer Y Gresham N Griffin N Groover Y Hamilton N Manner Y Harris Y Hasty YHays
N Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks N Hudson Y Isakson
Y Jackson.J Y Jackson,W N Jamieson Y Johnson,D Y Johnson.R Y Kilgore Y Kingston
Y Lane.D N Lane,R
Langford Y Lawler Y Lawrence N Lawson YLee
Y Linder N Long NLord
Y Lucas Y Lupton
N Mangum Y Martin
McDonald Y McKelvey
Y McKinney Y Milam
N Milford Y Mobley N Moody N Moore Y Morton

Mostiler
Y Moultrie Mueller
Y Oliver Orrock
Y Padgett Y Pannell
Parham Y Parrish N Patten N Peters Y Pettit N Phillips N Pinkston N Pittman N Porter Y Powell Y Prichard
N Rainey Ramsey.T
Y Ramsey.V Y Randall Y Ransom
NRay Y Reaves
Y Redding Y Richardson Y Ricketson Y Robinson.C
Y Robinson.P N Royal Y Selman Y Shepard N Sherrod Y Simpson Y Sinkfield

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

On the passage of the Bill, by substitute, as amended, the ayes were 117, nays 42.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Due to mechanical malfunction, the votes of Representatives Davis of the 45th, Goodwin of the 63rd and Mueller of the 126th were not recorded on the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Greer of the 39th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

HR 418. By Representatives Mangum of the 57th, Athon of the 57th, Dover of the llth and Moore of the 139th:
A resolution creating the House Foreign Language Study Committee.

Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

1994

JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1143 Do Pass
Respectfully submitted, /s/ Adams of the 36th
Chairman

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

HB 1143. By Representatives Lawler of the 20th and Hensley 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.

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

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

HR 10. By Representative Richardson of the 52nd:
A resolution creating the Joint Study Committee on Community Services for the Mentally Disabled.

HR 109. By Representatives Redding of the 50th, Robinson of the 58th, Richardson of the 52nd, Steinberg of the 46th, Williams of the 54th and others:
A resolution creating the DeKalb County Government Study Commission.

HR 189. By Representative Dobbs of the 74th:
A resolution creating the Joint Study Committee on the Conversion of Waste to Energy.

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

HR 125. By Representative Parham of the 105th:
A resolution authorizing the lease of certain real property located in Baldwin County, Georgia; to repeal a specific resolution.

MONDAY, MARCH 9, 1987

1995

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

SB 198. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-3 of the Official Code of Georgia Anno tated, relating to oath and commissions of magistrates, constables, and clerks of magistrate courts, and Article 2 of Chapter 3 of Title 45 of the Official Code of Georgia Annotated, relating to commissions of public officers, so as to provide that commissions of officers of the magistrate courts shall be under the seal of the Governor and shall be issued by the office of the Secre tary of State.

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

SR 184. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A resolution creating the Special Study Committee on the Problems of the Homeless in Georgia.

The Senate has agreed to the House substitute as amended by the Senate, to the following Bill of the Senate:

SB 203. By Senator Deal of the 49th:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving assault and bat tery, so as to create the new offense of battery; to provide that a person commits the offense of battery when he intentionally causes visible bodily harm or substantial bodily harm to another; to define terms; to provide for criminal penalties.

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 Resolution of the Senate:

SR 7. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to change the provisions relating to the election and terms of office of members of the General Assembly; to change the provisions relating to the organization of the General Assembly; to provide for the submission of this amendment for ratification or rejection.

The President has appointed on the part of the Senate the following: Senators Kidd of the 25th, Hudgins of the 15th and Walker of the 43rd.

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

HR 250. By Representative Hanner of the 131st:
A resolution transferring the ownership of a certain structure owned by the Georgia Forestry Commission to the Calhoun County Board of Commis sioners.

1996

JOURNAL OF THE HOUSE,

HR 252. By Representatives Dover of the llth and Jamieson of the llth:
A resolution authorizing the conveyance of certain state owned property located in Habersham County, Georgia, to the Habersham County Board of Commissioners.

HR 275. By Representative Moody of the 153rd:
A resolution authorizing the conveyance of certain state owned property located in Brantley County, Georgia, to the Johns Timber Company.

The Senate has adopted, as amended, by the requisite constitutional majority the following Resolution of the House:

HR 310. By Representatives Aiken of the 21st, Atkins of the 21st, Wilder of the 21st, Gresham of the 21st, Lawler of the 20th and others:
A resolution creating the Cobb County Court Consolidation Plan Study Committee.

The Speaker Pro Tern announced the House in recess until 2:00 o'clock, this after noon.

MONDAY, MARCH 9, 1987

1997

AFTERNOON SESSION

The Speaker called the House to order.
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 96. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-12 of the Official Code of Georgia Anno tated, relating to licensing and inspection of private and public child welfare agencies and facilities, so as to prohibit the Department of Human Resources from regulating the curriculum taught in group day-care homes or day-care centers; to require persons who operate group day-care homes and day-care centers to post telephone numbers of the nearest or applicable providers of emergency medical, fire, or police services.
The following Committee substitute was read and withdrawn:
A BILL
To amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of private and public child welfare agencies and facilities, so as to provide that the Department of Human Resources shall not be authorized to pre scribe, question, or regulate the specific content of educational curriculum taught or spec ify what play and program materials a group day-care home or day-care center shall use; to require persons who operate group day-care homes and day-care centers to post tele phone numbers of the nearest or applicable providers of emergency medical, fire, or police services; to provide certain space requirements for group day-care homes and day-care cen ters; to change certain provisions relating to the refusal of a license to a child welfare agency applicant; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of private and public child welfare agencies and facilities, is amended by adding at the end of subsection (b) three new paragraphs (5), (6), and (7) to read as follows:
"(5) The department shall not be authorized to prescribe, question, or regulate the specific content of educational curriculum taught or specify what play and program materials a group day-care home or day-care center shall use.
(6) Persons who operate group day-care homes and day-care centers shall be required to post in a conspicuous place next to any telephone in a group day-care home or day-care center the telephone numbers of the nearest or applicable providers of emer gency medical, police, and fire services.
(7) Group day-care homes and day-care centers shall provide a minimum of 35 square feet of usable space consisting of indoor play areas, rest areas, and dining facili ties for each child present in the facility. Group day-care homes and day-care centers will be allowed to designate in writing to the department a daily two-hour period after school during which 25 square feet of usable space per child for children aged three years and older may be provided. Notwithstanding the provisions of this paragraph, all other applicable rules and regulations shall apply."
Section 2. Said Code section is further amended by striking in its entirety paragraph (1) of subsection (e.l) and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Sporadic noncompliance Noncompliance with these fates and regulations the Rules and Regulations for Day Care Centers or Group Day Care Homes as adopted by

1998

JOURNAL OF THE HOUSE,

the Board of Human Resources which are designated in writing to the facilities as being related to children's health and safety;".
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Kilgore of the 42nd, was read:

A BILL
To amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to provide that the Department of Human Resources shall have subpoena power to secure income and other financial information relative to the eligibility of recip ients in instances of alleged fraud by recipients of food stamps and public assistance; to provide for related matters; to provide that the Department of Human Resources shall not be authorized to prescribe, question, or regulate the specific content of educational curric ulum taught or specify what play and program materials a group day-care home or daycare center shall use; to require persons who operate group day-care homes and day-care centers to post telephone numbers of the nearest or applicable providers of emergency medical, fire, or police services; to provide certain space requirements for group day-care homes and day-care centers; to change certain provisions relating to the refusal of a license to a child welfare agency applicant; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by adding a new Code section immediately following Code Section 49-4-15, to be designated Code Section 49-4-15.1, to read as follows:
"49-4-15.1. The department may examine any books, papers, or memoranda reflect ing the income of, or financial records bearing upon the determination of the eligibility of, recipients in instances of alleged fraud by recipients of food stamps and public assis tance. This process may be implemented by means of a subpoena which may be issued by a departmental hearing examiner who has at least five years' actual experience in conducting hearings and issuing compulsory process and who, in addition, shall be a member in good standing of the State Bar of Georgia. In order to consider the issuance of such subpoenas, the director of the department's office of fraud and abuse must personally make application in writing to such hearing examiner specifying why such information is necessary. If issued, such subpoenas shall compel the production of rele vant documents. Subpoenas shall be served in the same manner as if issued by a supe rior court. If any person fails to obey a subpoena issued and served under this Code section with respect to any matter germane to the department's investigation, on appli cation of the department, through the commissioner of human resources or his duly authorized representative, the superior court of the county in which the documents were required to be produced may issue an order requiring the person to comply with the subpoena and to produce the relevant documents."
Section 2. Said title is further amended by adding at the end of subsection (b) of Code Section 49-5-12, relating to licensing and inspection of private and public child wel fare agencies and facilities, three new paragraphs, to be designated paragraphs (5), (6), and (7), to read as follows:
"(5) The department shall not be authorized to prescribe, question, or regulate the specific content of educational curriculum taught or specify what play and program materials a group day-care home or day-care center shall use.
(6) Persons who operate group day-care homes and day-care centers shall be required to post in a conspicuous place next to any telephone in a group day-care home or day-care center the telephone numbers of the nearest or applicable providers of emer gency medical, police, and fire services.
(7) Group day-care homes and day-care centers shall provide a minimum of 35 square feet of usable space consisting of indoor play areas, rest areas, and dining facili ties for each child present in the facility. Group day-care homes and day-care centers

MONDAY, MARCH 9, 1987

1999

will be allowed to designate in writing to the department a daily two-hour period after school during which 25 square feet of usable space per child for children aged three years and older may be provided. Notwithstanding the provisions of this paragraph, all other applicable rules and regulations shall apply."
Section 3. Said title is further amended by striking paragraph (1) of subsection (e.l) of Code Section 49-5-12, relating to licensing and inspection of private and public child welfare agencies and facilities, and inserting in its place a new paragraph (1) to read as follows:
"(1) Sporadic noncomplianee Noncompliance with these ries and regulations the Rules and Regulations for Day Care Centers or Group Day Care Homes as adopted by the Board of Human Resources which are designated in writing to the facilities as being related to children's health and safety;".
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Herbert of the 76th moves to amend the Floor substitute to SB 96 as follows:
On page 3, line 28, after the word "centers" add: ", Family Day Care Homes".

The following amendment was read:

Representative Hays of the 1st moves to amend the Floor substitute to SB 96 as fol lows:
Page 3, line 11, strike "35" and insert "25".

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

Y Aaron NAdams,G NAdams,M
Aiken
N Alford Y Alien N Athon Y Atkins N Bailey YBalkcom Y Bannister
Bargeron Y Barnett,B Y Barnett,M N Beck N Benefield
Benn YBirdsong
Bishop Bostick N Branch Bray N Brooks Y Brown Buck Buford YByrd N Carrell Carter N Chambless Y Chance

Y Cheeks N Childers N Childs Y Clark,B
CIark,L N Colbert
Coleman Colwell N Connell Y Cooper N Couch Cox Y Crawford Crosby N Cummings Davis.G Y Davis.M Dixon Dobbs Dover Dunn N Edwards Felton Y Floyd N Foster N Galer N Godbee Y Goodwin Y Green Y Greene Y Greer

Y Gresham N Griffin N Groover
Hamilton
Hanner Y Harris N Hasty Y Hays N Heard Y Hensley N Herbert N Holcomb N Holmes Y Hooks N Hudson N Isakson
Jackson.J Jackson.W Y Jamieson Johnson.D N Johnson.R N Kilgore N Kingston N Lane,D N Lane.R Langford N Lawler N Lawrence N Lawson N Lee Linder

Long Y Lord
Lucas N Lupton
Mangum Martin McDonald N McKelvey Y McKinney Y Milam Y Milford N Mobley Y Moody Y Moore Y Morton Mostiler N Moultrie Mueller Y Oliver N Orrock Y Padgett Pannell Parham Y Parrish Patten Y Peters Pettit Phillips Y Pinkston Y Pittman Y Porter

Y Powell Prichard
Y Rainey Ramsey.T
N Ramsey.V N Randall N Ransom
Ray Y Reaves
Redding N Richardson N Ricketson
Robinson.C N Robinson,? N Royal N Selman Y Shepard N Sherrod Y Simpson N Sinkfield N Sizemore Y Smith.L N Smith.P Y Smith.T N Smith.W
Smyre Y Snow N Stancil
Stanley Steinberg N Stephens

2000

JOURNAL OF THE HOUSE,

N Thomas,C Thomas,M
N Thompson Thurmond
Y Townsend

Y Triplet! Twiggs
N Waddle Waldrep Walker.C

Walker.L Y Wall
Ware Watson
Y Watts

White Wilder N Williams.B Williams.J
Wilson

On the adoption of the amendment, the ayes were 53, nays 64. The amendment was lost.

Wood N Workman
Yeargin Young Murphy,Spkr

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 Y Adams.G Y Adams.M
Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister
Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield
Benn Y Birdsong
Bishop Bostick Y Branch Bray Y Brooks Brown YBuck Buford YByrd Y Carrell
Carter Chambless
Y Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark,L

Y Colbert Coleman Colwell
Y Connell Cooper Couch
Cox
Y Crawford
Crosby Cummings Y Davis.G Y Davis.M Dixon Dobbs Dover Dunn Edwards Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Greene Y Greer N Gresham Y Griffin Groover Hamilton Hanner
Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks
Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane.R
Langford Y Lawler
Y Lawrence Y Lawson YLee Y Under
Long NLord
Lucas Y Lupton Y Mangum Y Martin
McDonald Y McKelvey
McKinney N Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Mostiler Y Moultrie
Mueller Y Oliver
Y Orrock Y Padgett
Pannell
YParham Y Parrish
Patten Y Peters
Pettit Phillips Pinkston Y Pittman
N Porter Y Powell
Prichard
Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson
Robinson,C Y Robinson,P Y Royal
YSelman N Shepard Y Sherrod Y Simpson Y Sinkfleld

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

On the passage of the Bill, by substitute, as amended, the ayes were 115, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

HB 614. By Representatives Groover of the 99th, Chambless of the 133rd, Robinson of the 96th and Thomas of the 69th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to create the offices of Senior Appellate Court Justice and Senior Appellate Court Judge.

MONDAY, MARCH 9, 1987

2001

The following Senate substitute was read:

A BILL
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that the Court of Appeals may hear oral arguments at places other than the seat of government and provide for notices relating thereto; to create the offices of Senior Appellate Court Justice and Senior Appellate Court Judge; to provide for definitions; to provide eligibility requirements and appointment procedures; to provide for certain restric tions and limitations on persons appointed to such offices; to provide for the exercise of judicial power by persons appointed to such offices; to provide for compensation and expenses; to provide for resignations; 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. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding at the end of Code Section 15-3-1, relating to composition of the Court of Appeals, a new subsection (f) to read as follows:
"(f) The Court of Appeals may hear oral arguments at places other than the seat of government. Reasonable notice shall be given of such hearings."
Section 2. Said title is further amended by adding a new chapter immediately following Chapter 3, to be designated Chapter 3A, to read as follows:
"CHAPTER 3A
15-3A-1. As used in this chapter, the term: (1) 'Senior Appellate Court Judge' means a Judge, Presiding Judge, or Chief Judge
of the Court of Appeals appointed to the office created by this chapter. (2) 'Senior Appellate Court Justice' means an Associate Justice, Presiding Justice,
or Chief Justice of the Supreme Court appointed to the office created by this chapter. 15-3A-2. There is created the office of Senior Appellate Court Justice and the office of Senior Appellate Court Judge. Any Justice of the Supreme Court or Judge of the Court of Appeals who retires pursuant to the provisions of laws of the state retirement system applicable to such Justice or Judge at the time of such Justice's or Judge's retirement may, at such Justice's or Judge's option, be eligible for appointment by the Governor to the office of Senior Appellate Court Justice or Judge. Any former member of the Supreme Court or Court of Appeals who is retired or who retires on or after the effective date of this chapter pursuant to the laws of the retirement system applicable to such Justice or Judge at the time of such Justice's or Judge's retirement, may at such Justice's or Judge's option, become eligible for appointment to the office of Senior Appellate Court Justice or Judge upon written application being made to the Governor. All persons appointed to the office of Senior Appellate Court Justice or Judge shall hold such office for life, subject to the same laws, rules, and regulations for removal or disci pline of sitting members of the Supreme Court and Court of Appeals. A Senior Appel late Court Justice or Judge, while holding that office, shall not be eligible for election or appointment to any other nonjudicial public office in this state, and such Senior Appellate Court Justice or Judge may not practice law during such Justice's or Judge's tenure as a Senior Appellate Court Justice or Judge. For purposes of this Code section, participation as an arbitrator shall not be deemed the practice of law. 15-3A-3. A Senior Appellate Court Justice or Judge may exercise judicial power in the Supreme Court, Court of Appeals, superior court, and all other courts of this state upon the request and the consent of a majority of the judges of the requesting court. 15-3A-4. A Senior Appellate Court Justice or Judge while serving in any of the courts provided for in Code Section 15-3A-3 shall be entitled to receive the same travel, per diem, and pay allowances now or hereafter authorized to be paid to senior judges of the superior court when called. Such compensation, expenses, and mileage shall be paid from state funds appropriated or otherwise available for the operation for any of

2002

JOURNAL OF THE HOUSE,

such courts, upon a certificate by the Senior Appellate Court Justice or Judge as to the number of days served or the expenses and mileage incurred. Such compensation shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits of such Senior Appellate Court Justice or Judge.
15-3A-5. If a Senior Appellate Court Justice or Judge determines to seek nonjudicial elective public office, accepts appointment to a public office, practices law, or for any reason determines that senior status provided for in this chapter is no longer desirable, such Justice or Judge shall resign such Justice's or Judge's office and submit such Justice's or Judge's resignation to the Governor. Such resignation shall not affect or impair such Justice's or Judge's retirement pay and benefits.
15-3A-6. This chapter shall apply only to those retired or retiring members of the Supreme Court and Court of Appeals who expressly indicate in writing to the Governor that they desire appointment to the office of Senior Appellate Court Justice or Judge."
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 Groover of the 99th moved that the House agree to the Senate substi tute to HB 614.

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

Y Aaron Y Adaros.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron
Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn
Y Birdsong
Y Bishop Bostick
Y Branch YBray
Brooks
Brown
YBuck Buford
YByrd Y Carrell
Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B
Clark.L

Y Colbert Coleman
Y Cohvell Y Connell
Y Cooper Y Couch
Cox Y Crawford
Crosby Y Cummings Y Davis.G Y Davis.M
Dixon Y Dobbs Y Dover
Dunn
Y Edwards Felton
Y Floyd N Foster
Galer Godbee Y Goodwin Y Green Greene Y Greer Y Gresham Y Griffin Y Groover Hamilton Manner Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert
Y Holcomb Y Holmes Y Hooks Y Hudson
Isakson
Y Jackson,J Y Jackson, W Y Jamieson Y Johnson.D
Y Johnson.R Y Kilgore Y Kingston Y Lane.D
Lane.R Langford Y Lawler
Y Lawrence Y Lawson YLee Y Linder
Long YLord Y Lucas
Y Lupton Y Mangum Y Martin
McDonald Y McKelvey
McKinney Y Milam Y Milford
Y Mobley Y Moody Y Moore Y Morton

On the motion, the ayes were 132, nays 1. The motion prevailed.

Mostiler Y Moultrie
Mueller Y Oliver
Y Orrock Y Padgett
Pannell
Y Parham
Y Parrish Patten
Y Peters Pettit Phillips Pinkston
Y Pittman Y Porter Y Powell
Prichard
Y Rainey Y Ramsey.T
Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson
Robinson.C Y Robinson,P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

HR 10. By Representative Richardson of the 52nd:

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

MONDAY, MARCH 9, 1987

2003

A resolution creating the Joint Study Committee on Community Services for the Mentally Disabled.

The following Senate amendment was read: Amend HR 10 by striking from line 13 of page 2 the following: "the chairperson", and inserting in lieu thereof the following: "a cochairperson". By striking from line 16 of page 2 the following: "the vice chairperson", and inserting in lieu thereof the following: "a cochairperson".

Representative Richardson of the 52nd moved that the House agree to the Senate amendment to HR 10.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken
Y Alford Y Alien
Athon Y Atkins Y Bailey Y Balkcom Y Bannister
Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn
Birdsong Bishop Y Bostick Y Branch YBray Y Brooks Brown YBuck Buford YByrd Y Carrell 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 Couch YCo*
Crawford Crosby Y Cummings Davis.G Y Davis.M Oixon Y Dobbs Y Dover Dunn Y Edwards Felton Y Floyd Y Foster Y Galer God bee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Hamilton Y Hanner Y Harris Y Hasty YHays Heard Y Hensley

Y Herbert Y Holcomb
Y Holmes Y Hooks Y Hudson Y Isakson
Y Jackson,J Y Jackson.W Y Jamieson Y Johnson,D Y Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane,R
Langford Y Lawler Y Lawrence Y Lawson YLee Y Under
Long YLord Y Lucas
Y Lupton Mangum Martin McDonald
Y McKelvey Y McKinney
Milam
Y Milford Y Mobley Y Moody Y Moore Y Morion

On the motion, the ayes were 138, nays 0. The motion prevailed.

Mostiler
Y Moultrie Y Mueller Y Oliver
YOrrock Y Padgett
Pannell Y Parham Y Parrish
Patten
Y Peters Y Pettit
Phillips
Pinkston Y Pittman Y Porter Y Powell
Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson
Robinson.C Y Robinson,P Y Royal
Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield

HB 76. By Representative Alien of the 127th:

Y Sizemore Y Smith.L Y Smith.P
Smith,T Y Smith,W
Smyre YSnow Y Stancil
Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C
Walker,L YWall
Ware Y Watson Y Watts
White Wilder Y Williams.B Williams.J Wilson Y Wood Workman Y Yeargin Young Murphy ,Spkr

2004

JOURNAL OF THE HOUSE,

A bill to amend Code Section 15-10-2 of the Official Code of Georgia Anno tated, relating to the jurisdiction of magistrate courts, so as to give magis trate courts jurisdiction over certain criminal offenses involving possession of
marijuana and involving the writing of bad checks.

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 magistrate courts shall have jurisdiction over the trial and sentencing of misdemeanor violations relating to bad checks; to provide that upon written demand of the defendant a case shall be removed to state or superior court; to provide for practice and procedure; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended in Code Section 15-10-2, relating to jurisdiction, by strik ing the word "and" at the end of paragraph (10), by replacing the period at the end of paragraph (11) with the symbol and word "; or", and by adding thereafter a new para graph (12) to read as follows:
"(12) The trial and sentencing of misdemeanor violations of Code Section 16-9-20, relating to criminal issuance of bad checks, as provided by Article 10 of this chapter."
Section 2. Said chapter is further amended by adding at the end thereof a new Arti cle 10 to read as follows:
"ARTICLE 10
15-10-200. This article governs trials of misdemeanor violations of Code Section 16-9-20, relating to issuance of bad checks, which violations shall be punishable as pro vided in subsection (b) of Code Section 16-9-20.
15-10-201. There shall be no jury trials in the magistrate court. Any person charged with one or more misdemeanor violations of Code Section 16-9-20, may, at any time before trial, demand that the case be removed to the state court of the county or to the superior court of the county if there is no state court. Such demand shall be written. Upon such written demand the court shall grant the demand. Failure to so demand removal of the case shall constitute a waiver of any right to trial by jury which the defendant may otherwise have had and of any other right which could have been secured by such a demand.
15-10-202. (a) Prosecution for a misdemeanor violation of Code Section 16-9-20 may proceed by arrest, as provided in Chapter 4 of Title 17, and an accusation, as pro vided in Code Section 17-7-71, or by citation.
(b) Each citation shall be based upon an affidavit as in the issuance of an arrest warrant and said citation shall state the time and place at which the accused is to appear for trial, shall identify the offense with which the accused is charged, shall have an identifying number by which it shall be filed with the court, shall indicate the iden tity of the accused and the date of service, and shall be signed by a judge or clerk of the magistrate court.
(c) Prosecutions upon citations shall be commenced by the completion and signing of the citation by a judge or clerk of the magistrate court and service of the citation by a law enforcement officer. The original of the citation shall be personally served upon the accused and a copy shall promptly be filed with the court.
(d) If the prosecution is proceeding upon citation, the accused shall not be arrested prior to the time of trial; but any defendant who fails to appear for trial shall be arrested thereafter on the warrant of a judge of the magistrate court and required to post a bond for his future appearance. If the accused demands removal of the case to

MONDAY, MARCH 9, 1987

2005

the state or superior court, the magistrate court may require that the accused post a bond for his future appearance in the state or superior court.
(e) The prosecuting attorney of the court in which the case would have been tried if a demand for removal had been made shall be responsible for the prosecution of the case in the magistrate court."
Section 3. This Act shall become effective July 1, 1987, and shall apply to prose cutions commenced on or after said date.
Section 4. 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 substi tute to HB 76.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Y Adams.G Y Adams.M Y Aiken YAlford Y Alien
Y Athon Y Atkins Y Bailey YBalkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M
YBeck Y Benefleld YBenn
Birdsong Bishop YBostick Y Branch YBray Y Brooks Brown YBuck Buford YByrd Y Carrell Y Carter Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L

Colbert Y Coleman Y Colwell Y Connell
Cooper Y Couch
Cox Y Crawford
Crosby Y Cummings Y Davis.G Y Davis,M
Dixon Y Dobbs Y Dover
Dunn
Y Edwards Y Felton Y Floyd Y Foster Y Galer
YGodbee Y Goodwin Y Green Y Greene
Y Greer Y Gresham Y Griffin
Groover
Hamilton Y Manner Y Harris Y Hasty
YHays Y Heard
Hensley

Y Herbert Y Holcomb
Y Holmes Y Hooks Y Hudson
Isakson Y Jackson.J Y Jackson.W Y Jamieson Y Johnson,D Y Johnson,R Y Kilgore Y Kingston YLane,D YLane.R
Langford Lawler Y Lawrence YLawson YLee Y Linder
YLong YLord Y Lucas Y Lupton
Mangum Martin Y McDonald Y McKelvey Y McKinney YMilam Y Milford Y Mobley Y Moody Y Moore YMorton

Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock
Y Padgett Panned Parham
YParrish Patten Peters
Y Pettit Phillips Pinkston
Y Pittman Y Porter Y Powell
Prichard YRainey YRamsey.T
Y Ramsey.V YRandall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal YSelman Y Shepard Y Sherrod Y Simpson
Sinkfield

Y Sizemore Y Smith,L Y Smith,P Y Smith,T
Smith.W Smyre
YSnow Y Stancil
Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplet! YTwiggs
Y Waddle Y Waldrep
Walker.C Walker ,L YWall
Ware Y Watson
Y Watts White Wilder
Y WiUiams,B Williams.J Wilson
Y Wood Y Workman Y Yeargin
Young Murphy.Spkr

On the motion, the ayes were 139, nays 0. The motion prevailed.

HB 932. By Representatives Hensley of the 20th, Cooper of the 20th, Aiken of the 21st, Lawler of the 20th, Atkins of the 21st and others:
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 following Senate amendment was read:
Amend HB 932 by striking lines 17 through 34 of page 30, pages 31 and 32, and lines 1 through 28 of page 33 in their entirety.

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Representative Hensley of the 20th moved that the House agree to the Senate amend ment to HB 932.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

HB 10. By Representatives Lucas of the 102nd, Coleman of the 118th, Hanner of the 131st and Ramsey of the 3rd:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification for law enforcement officers, firemen, and prison guards who are killed or permanently disabled in the line of duty, so as to provide the same indemnification with respect to publicly employed emergency medical technicians who are killed or permanently dis abled in the line of duty after a certain date.

The following Senate substitute was read:

A BILL
To amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Anno tated, relating to indemnification for law enforcement officers, firemen, and prison guards who are killed or permanently disabled in the line of duty, so as to provide the same indemnification with respect to publicly employed emergency medical technicians who are killed or permanently disabled or who have been killed or permanently disabled in the line of duty after a certain date; to provide indemnification for law enforcement officers, fire men, and prison guards who have been permanently disabled in the line of duty subse quent to January 1, 1973, and prior to January 1, 1979; to change the provisions relating to the purpose of the article; to define certain terms; to change the definition of certain terms; to change the provisions relating to the establishment of the indemnification pro gram; to change the composition of the Georgia State Indemnification Commission; to change the provisions relating to the authority of the General Assembly to make appropri ations to the Georgia State Indemnification Fund; to change the provisions relating to the payment of indemnification for death or disability generally; to change the provisions relating to applications for indemnification; to provide procedures; to provide for legis lative intent; to provide for related matters; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Anno tated, relating to indemnification for law enforcement officers, firemen, and prison guards who are killed or permanently disabled in the line of duty, is amended by striking in its entirety Code Section 45-9-80, relating to the purpose of said article, and inserting in lieu thereof a new Code Section 45-9-80 to read as follows:
"45-9-80. The purpose of this article is to: (1) Implement the constitutional amendment ratified November 4, 1976, authoriz
ing the General Assembly to provide by law for the indemnification with respect to the death of law enforcement officers, firemen, or prison guards who are killed or have been killed in the line of duty subsequent to January 1, 1973;
(2) Provide by law for the indemnification with respect to the permanent disability of law enforcement officers, firemen, or prison guards who are permanently disabled or have been permanently disabled in the line of duty subsequent to January 1, 1979 1973; and
(3) Provide bj law for the indemnification with respect to the death or permanent disability of publicly employed emergency medical technicians who are killed or permanently disabled or who have been killed or permanently disabled in the line of duty subsequent to November 1, 1985."

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Section 2. Said article is further amended by striking in its entirety Code Section 45-9-81, relating to definitions under said Article 5, and inserting in lieu thereof a new Code Section 45-9-81 to read as follows:
"45-9-81. As used in this article, the term: (1) 'Commission' means the Georgia State Indemnification Commission. (2) 'Emergency medical technician' includes only persons who: (A) Are certified as emergency medical technicians, advanced emergency medical technicians, or cardiac technicians by the Board of Human Resources; and (B) Are employed in the capacity for which they are so certified by a depart ment, agency, authority, or other instrumentality of state or local government. (& (3) (A) 'Fireman* means any person who is employed as a professional firefighter on a full-time basis of at least 40 hours per week by any municipal, county, or state government fire department employing three or more firemen and who has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal, county, and state fire prevention codes, enforcing any law pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property. (B) 'Fireman' shall also mean any individual serving as an officially recognized or designated member of a legally organized volunteer fire department who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property. (C) 'Fireman' shall also mean any individual employed by a person or corpora tion which has a contract with a municipal corporation or county to provide fire prevention and fire-fighting services to such municipal corporation or county and any such individual is employed on a full-time basis of at least 40 hours per week and has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal or county fire prevention codes, enforcing any munici pal or county ordinances pertaining to the prevention and control of fires or who performs any acts or etie actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property.
(4) 'In the line of duty' means: (A) With respect to an emergency medical technician, while on duty and when
responding to an emergency or performing duties at the scene of an emergency or transporting a person to a medical facility for emergency treatment;
(B) With respect to a fireman, while on duty and when responding to a fire or other emergency or performing duties during any fire or other emergency or per forming duties intended to protect life and property;
(C) With respect to a law enforcement officer, while on duty and performing services for and receiving compensation from the law enforcement agency which employs such officer. A law enforcement officer who is performing duties for and receiving compensation from a private employer at the time of his death or bodily injury causing permanent disability shall not be considered in the line of duty; or
(D) With respect to a prison guard, while on duty and performing services for
and receiving compensation from the public agency which employs such prison
guard. {3} (5) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, 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 protection 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

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delinquent and unruly children who have escaped from a facility under the jurisdic tion of the Department of Human Resources or who have broken the conditions of supervision.
{4} (6) 'Permanent disability' means disability due to: (A) Loss of both eyes or blindness in both eyes with only light perception; (B) Loss or loss of use of both hands; (C) Loss or loss of use of both legs; (D) Loss of a lower extremity or residuals of organic disease or injury which so
affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair; or
(E) Organic brain damage resulting from direct physical trauma incurred after January 1, 1070 1973, which so affects the mental capacity as to preclude ability to function productively in any employment. {&) (7) 'Prison guard' means any person employed by the state or any political subdivision thereof whose principal duties relate to the supervision and incarceration of persons accused or convicted of the violation of the criminal laws of this state or any political subdivision thereof. Such term shall also mean any probation supervisor or parole officer who is required to be certified under Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' and whose principal duties directly relate to the supervision of adult probationers or adult parolees. Such term also means any person employed by the state or any political subdivision thereof whose principal duties include the supervision of youth who are charged with or adju dicated for an act which if committed by adults would be considered a crime."
Section 3. Said article is further amended by striking in its entirety subsection (a) of Code Section 45-9-82, relating to the establishment of an indemnification program, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) There is established a program to provide for indemnification with respect to the:
(1) Death of any law enforcement officer, fireman, or prison guard who is or has been killed in the line of duty subsequent to January 1, 1973;
(2) Permanent disability of any law enforcement officer, fireman, or prison guard who is or has been permanently disabled in the line of duty subsequent to January 1, J9TO 1973; and
(3) Death or permanent disability of any emergency medical technician who is killed OT permanently disabled or who has been killed or permanently disabled in the line of duty subsequent to November 1,1985."
Section 4. Said article is further amended by striking in its entirety Code Section 45-9-83, relating to the Georgia State Indemnification Commission, and inserting in lieu thereof a new Code Section 45-9-83 to read as follows:
"45-9-83. There is created the Georgia State Indemnification Commission which shall be composed of the Governor, the Secretary of State, the Commissioner of Insurance, the commissioner of public safety, the commissioner of corrections, the director ef the Division ef eth Services ef the Department ef Human Resources, the commissioner of human resources, the president of the Peace Officers Association of Georgia, and the president of the Georgia State Firemen's Association. The Governor shall be the chair man of the commission and the commission shall be assigned to the Department of Administrative Services for administrative purposes."
Section 5. Said article is further amended by striking in its entirety Code Section 45-9-84.2, relating to the authority of the General Assembly to make appropriations to the Georgia State Indemnification Fund, and inserting in lieu thereof a new Code Section 45-9-84.2 to read as follows:
"45-9-84.2. The General Assembly is authorized to appropriate funds to be placed in the Georgia State Indemnification Fund for the purpose of providing for indemnification with respect to the death or disability of any law enforcement officer, fireman, or prison guard who is or has been killed or permanently disabled in the line of duty subsequent

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to January 1, 1973, and the death or disability of any emergency medical technician who is killed or permanently disabled or has been killed or permanently disabled in the line of duty subsequent to November 1^ 1985, as well as defraying the expenses and costs incurred by the commission in the administration of this article. In addition, the Fiscal Division of the Department of Administrative Services is authorized to accept for deposit in the Georgia State Indemnification Fund any other funds from any other source. All funds appropriated to the Georgia State Indemnification Fund shall be pre sumptively concluded to have been committed to the purpose for which they have been appropriated and shall not lapse."
Section 6. Said article is further amended by striking in its entirety Code Section 45-9-85, relating to payment of indemnification for death or disability generally, and inserting in lieu thereof a new Code Section 45-9-85 to read as follows:
"45-9-85. (a) The indemnification shall be paid by the commission when a law enforcement officer, fireman, emergency medical technician, or prison guard; whHe engaged i th performance ef tris duties who in the line of duty:
(1) Is killed or receives bodily injury which results in death within 12 months thereafter, if such killing death does not occur from natural causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firemen, emergency medical technicians, or prison guards, and if such killing is not the result of suicide and if such bodily injury is not intentionally self-inflicted; or
(2) Is permanently disabled, if the permanent disability does not occur from natu ral causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firemen, emergency medical technicians, or prison guards, and if the permanent disability is not intention ally self-inflicted. (b) (1) Every law enforcement officer, fireman, emergency medical technician, and prison guard shall designate his beneficiary and method of payment for the purpose of indemnification for death under this article. The designation shall be made to the commission in writing and on forms furnished by the commission. The beneficiary and method of payment may be changed in the same manner, provided that a change in beneficiary or method of payment shall not be effective until received by the commis sion. If a beneficiary is not designated, payment shall be made to the estate; and if the method of payment is not designated, payment shall be made in lump sum.
(2) The beneficiary, in the case of a law enforcement officer, fireman, emergency medical technician, or prison guard permanently disabled in the line of duty, shall be the disabled officer, fireman, emergency medical technician, or guard.
(3) Each law enforcement officer, fireman, emergency medical technician, or prison guard shall be authorized to designate one of the following methods of payment:
(A) The payment of a total sum of $50,000.00 in equal monthly installments over a period of five years; or
(B) Payment in lump sum; provided, however, that if the lump sum method of payment is chosen, the amount to be paid shall be equal to the total sum of $50,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum. (4) With respect to law enforcement officers, firemen, or prison guards who were killed prior to April 5, 1978, or who were permanently disabled prior to January 1, 1981, and who are entitled to indemnification under this article, payment shall be made in lump sum to the estate, in the case of death, or, in the case of permanent disability, to the person disabled. (5) With respect to emergency medical technicians who were killed or permanently disabled prior to July lj 1987, and who are entitled to indemnification under this arti cle, payment shall be made in lump sum to the estate, in the case of death, or, in the case of permanent disability, to the person disabled. (c) After determining that a law enforcement officer, fireman, emergency medical technician, or prison guard has been killed or permanently disabled in the line of duty and that he or his beneficiary is entitled to indemnification under this article, the

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commission, within ten days after such determination, shall forward a certified copy of the order granting such payment, which order shall include the person to whom such payment shall be made and the method of payment, to the director of the Fiscal Divi sion of the Department of Administrative Services who is authorized to make the appro priate payments from funds appropriated or otherwise made available for the purpose of carrying out this article."
Section 7. Said article is further amended by striking in its entirety Code Section 45-9-86, relating to applications for indemnification, and inserting in lieu thereof a new Code Section 45-9-86 to read as follows:
"45-9-86. (a) Any designated beneficiary or any other person who is eligible or believes he is eligible for indemnification under the program may make application for indemnification to the commission. In any case in which the person entitled to make application is a minor, the application may be made on his behalf by his parent or guardian. In any case in which the person entitled to make application is mentally incompetent, the application may be made on his behalf by his parent, guardian, or other individual authorized to administer his estate.
(b) An application for indemnification relative to any law enforcement officer, fire man, or prison guard killed in the line of duty subsequent to January 1, 1973, and prior to January 1, 1981, must be made prior to January 1, 1982. An application for indemni fication relative to any law enforcement officer, fireman, or prison guard killed in the line of duty on and after January 1, 1981, and prior to January 1, 1984, must be made prior to January 1, 1986. An application for indemnification relative to any law enforce ment officer, fireman, or prison guard killed in the line of duty on or after January 1, 1984, must be made within 24 months from the death of such law enforcement officer, fireman, or prison guard.
(c) An application for indemnification relative to any law enforcement officer, fire man, or prison guard permanently disabled in the line of duty subsequent to January lj 1973, and prior to January ^ 1979, must be made prior to January lj 1989. An appli cation for indemnification relative to any law enforcement officer, fireman, or prison guard permanently disabled in the line of duty subsequent to January 1, 1979, and prior to January 1, 1980, must be made prior to January 1, 1982. An application for indemni fication relative to any law enforcement officer, fireman, or prison guard permanently disabled in the line of duty on and after January 1, 1980, and prior to January 1, 1984, must be made prior to January 1, 1986. An application for indemnification relative to a permanent disability occurring on or after January 1, 1984, must be made within 24 months of the date the permanent disability occurred.
(d) An application for indemnification with respect to the death or permanent dis ability of an emergency medical technician who was killed or permanently disabled subsequent to November lj 1985, and prior to January 1^ 1987, must be made prior to January lj 1989. An application for indemnification with respect to the death or perma nent disability of an emergency medical technician who is killed or permanently disabled in the line of duty on or after January l 1987, must be made within 24 months after the date of death or disability."
Section 8. If any provision of this Act is held to be invalid or inoperative for any reason, the remaining provisions of this Act shall be deemed to be void and of no effect it being the legislative intent that this Act as a whole would not have been adopted had any provision not been included.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

Representative Lucas of the 102nd moved that the House disagree to the Senate sub stitute to HB 10.
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:

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SB 198. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-3 of the Official Code of Georgia Anno tated, relating to oath and commissions of magistrates, constables, and clerks of magistrate courts, and Article 2 of Chapter 3 of Title 45 of the Official Code of Georgia Annotated, relating to commissions of public officers, so as to provide that commissions of officers of the magistrate courts shall be under the seal of the Governor and shall be issued by the office of the Secre tary of State.

Representative Lawson of the 9th moved that the House insist on its position in sub stituting SB 198.
The motion prevailed.

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

HB 269. By Representative Wilder of the 21st:
A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Anno tated, relating to cosmetologists, so as to authorize the performance of cos metology services in locations other than a licensed beauty shop or salon in certain cases where clients are unable to go to such shop or salon for reasons of ill health, infirmity, or other physical disability.

The following Senate substitute was read:

A BILL
To amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to authorize the performance of cosmetology services in locations other than a licensed beauty shop or salon in certain cases where clients are unable to go to such shop or salon for reasons of ill health, infirmity, or other physical disability; to authorize the State Board of Cosmetology to adopt certain rules and regulations regarding such services; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, is amended by adding immediately following Code Section 43-10-18.2 a new Code Section 43-10-18.3 to read as follows:
"43-10-18.3. (a) Notwithstanding any other provision of this chapter, cosmetology services may be performed by a licensed cosmetologist in a client's residence, a nursing home, or a hospital when the client for reasons of ill health, infirmity, or other physical disability is unable to go to the licensed beauty shop or salon for regular cosmetology services.
(b) The board is authorized to adopt reasonable rules and regulations prescribing requirements and conditions for the performance of the services authorized in subsection (a) of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Wilder of the 21st moved that the House disagree to the Senate substi tute to HB 269.
The motion prevailed.

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

SB 264. By Senators Langford of the 35th, Engram of the 34th and Scott of the 36th:
A bill to amend Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notice to produce evidence, so as to provide witness fees for arson investigators; to provide an effective date.

Representative Couch of the 40th moved that the House insist on its position in amending SB 264.
The motion prevailed.

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

HB 289. By Representative Pettit of the 19th:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Anno tated, relating to the jurisdiction of municipal courts, so as to authorize the municipal courts to try and dispose of a first offense violation of Code Section 3-3-21, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age.

The following Senate substitute was read:

A BILL
To amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to the jurisdiction of municipal courts, so as to authorize the municipal courts to try and dispose of a first offense violation of Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age; to provide that the fines from prosecution of such cases shall be paid into the treasury of the municipal corporation; to provide that a defendant may have the case transferred to a court having general misdemeanor jurisdiction; to provide for punish ments; to provide that no municipal corporation is authorized to impose a fine or punish ment in excess of the limits set forth in the charter of such municipal corporation; to provide for jurisdiction of the juvenile court; to amend Code Section 3-1-5 of the Official Code of Georgia Annotated, relating to posting of signs warning that consumption of alco hol during pregnancy is dangerous, so as to provide for the posting of such signs by all retailers who sell alcoholic beverages and by certain other entities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section I. Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relat ing to the jurisdiction of municipal courts, is amended by adding at the end thereof a new Code section, to be designated Code Section 36-32-9, to read as follows:
"36-32-9. (a) The municipal courts are granted jurisdiction to try and dispose of a first offense violation of Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age, if the offense occurred within the corporate limits of such municipal corporation. The jurisdiction of such municipal court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases.

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(b) Any fines and forfeitures arising from the prosecution of such cases shall be retained by the municipal corporation and shall be paid into the treasury of such municipal corporation.
(c) Any defendant charged with a first offense violation of Code Section 3-3-23 in a municipal court shall be entitled upon request to have the case against him transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred.
(d) A person convicted in a municipal court of a first offense violation of Code Section 3-3-23 shall be punished as provided in paragraph (1) of subsection (b) of Code Section 3-3-23.1, provided that nothing in this Code section or Code Section 3-3-23.1 shall be construed to give any municipal corporation the right to impose a fine or pun ishment in excess of the limits set forth in the charter of such municipal corporation.
(e) Nothing in this Code section shall affect the original and exclusive jurisdiction of the juvenile court as set forth in Code Section 15-11-5."
Section 2. Code Section 3-1-5 of the Official Code of Georgia Annotated, relating to posting of signs warning that consumption of alcohol during pregnancy is dangerous, is amended by striking said Code section in its entirety and inserting in its place a new Code section 3-1-5 to read as follows:
"3-1-5. (a) All retail consumption dealers and retail dealers in this state who sell at retail any alcoholic beverages fer consumption en the premises shall post, in a conspic uous place, a sign which clearly reads: 'Warning: Drinking alcoholic beverages during pregnancy can cause birth defects.'
(b) All hospitals, medical clinics, facilities which offer family planning services, offi ces of physicians who practice in gynecology and osbstetrics, and offices of physicians who practice in pediatrics shall have posted, in a conspicuous place, a sign which clearly reads: 'Warning: Drinking alcoholic beverages during pregnancy can cause birth defects.'
4b) (c) The department shall make such warning signs available to entities provided for in subsection (b) of this Code section and to such retailers of alcoholic beverages and shall promulgate rules and regulations with respect to the form and the posting of said signs. A fee may be charged by the department to cover printing, postage, and handling expenses.
{e> (d) Any person who fails or refuses to post the sign as required in this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $100.00 for each violation."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Pettit of the 19th moved that the House disagree to the Senate substi tute to HB 289.
The motion prevailed.

The following Resolution of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SR 7. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to change the provisions relating to the election and terms of office of members of the General Assembly; to change the provisions relating to the organization of the General Assembly; to provide for the submission of this amendment for ratification or rejection.

Representative Lee of the 72nd moved that the House adhere to its position in amend ing SR 7 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.

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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, Lee of the 72nd and Holmes of the 28th.

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

SB 119. By Senators Barnes of the 33rd, Dean of the 31st and McKenzie of the 14th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to revenue and taxation, generally, so as to provide criminal penalties for the evasion or attempted evasion of any tax, fee, license, pen alty, interest, or other amount imposed under Title 48; to provide an effec tive date.

Representative Lawrence of the 49th moved that the House insist on its position in amending SB 119.
The motion prevailed.

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

HB 925. By Representative Waldrep of the 80th:
A bill to amend an Act creating a board of commissioners for Monroe County, so as to provide for the election and terms of members of the board of commissioners.

The following Senate amendment was read:

Amend HB 925 by striking from line 6 of page 24 the following: "1987",
and inserting in its place the following: "1980".
By striking from lines 8 through 12 of page 24 the following:
"A candidate to be elected from a district must have been a resident of the district from which the candidate offers for election for one year immediately preceding the elec tion.",
and inserting in its place the following:
"To qualify as a candidate to be elected from a district, the candidate must have been a resident of Monroe County for at least one year immediately preceding the election and must be a resident of the district from which the candidate offers."

Representative Waldrep of the 80th moved that the House agree to the Senate amendment to HB 925.
On the motion, the ayes were 103, nays 0.

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The motion prevailed.

HB 1050. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to create the Conyers-Rockdale-Big Haynes Impoundment Authority.

The following Senate amendment was read:

Amend HB 1050 by striking all of subsection (b) of Section 2 from line 21 of page 2 through line 22 of page 3 and inserting in lieu thereof the following:
"(b) The authority shall be composed of five members who shall be appointed as provided in this subsection. Two members shall be appointed by the chairman of the board of commissioners of Rockdale County; two members shall be appointed by the mayor of the City of Conyers; and one member shall be appointed by the other four members of the authority; provided, however, that, if the fifth appointment has not been made by May 10 of 1987 or any future odd-numbered year, then the superior court judge or judges of Rockdale County shall make such appointment prior to June 1. The terms of all members shall begin on June 1 and shall run until May 31 of the year of expiration and until their successors are appointed and qualified. The initial terms of office shall begin June 1, 1987, and expire May 31, 1989. Thereafter, all terms of office shall be for two years. Successors shall be appointed in the same manner as the initial members in the month of May immediately preceding the expiration of a member's term of office. Any member of the authority may be selected and appointed to succeed him self. As of June 1, 1987, the members of such authority shall enter upon their duties. The members of the authority shall be entitled to reimbursement for their actual expenses necessarily incurred in the performance of their duties but shall not be entitled to any other compensation for their service on the authority. The authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations neces sary or desirable for the management and operation of the authority."
"JunBe"y. striking the word "April" on line 29 of page 3 and inserting in its place the word
By adding after the period on line 34 of page 4 the following:
"No member of the authority shall be a member of the board of commissioners of Rockdale County or a member of the city council of the City of Conyers or the mayor of the City of Conyers."
By striking the word "sale" on line 5 of page 6 and inserting in its place the word "wholesale".
By striking from lines 5 and 6 of page 6 the following:
"users and consumers, including, but not limited to,".
By striking from lines 15 through 17 of page 8 the following:
"; provided, further, that such staffing must have the approval of the Rockdale County delegation of the General Assembly".

Representative Athon of the 57th moved that the House agree to the Senate amend ment to HB 1050.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

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HB 1126. By Representative Dixon of the 151st:
A bill to amend an Act providing and establishing a new charter for the City of Waycross, so as to provide for the office of mayor.

The following Senate amendment was read:

Amend HB 1126 by inserting at the end of line 11 of page 3 the following: "and".
By striking lines 12 through 20 of page 3, which read as follows:
"(6) To chair a committee to be known as the Police Committee, consisting of the mayor and two members of the commission. The committee shall provide oversight of public safety functions in the city, and the mayor, or one committee member, shall be present at all sessions of the recorder's court;
(7) At the discretion of the commission, to act as recorder pro hac vice, provided the mayor meets appropriate qualifications; and".
By striking from line 21 of page 3 the following: "(8)",
and inserting in its place the following: "(6)".

Representative Davis of the 45th moved that the House agree to the Senate amend ment to HB 1126.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

HB 1070.

By Representatives Triplett of the 128th, Johnson of the 123rd, Mueller of the 126th, Alien of the 127th and Hamilton of the 124th:
A bill to amend an Act creating the office of Chatham County Tax Commis sioner, so as to provide that the Commissioners of Chatham County shall pay the costs of any supplies, equipment, and employees necessary for perfor mance of the tax commissioner.

The following Senate amendment was read:

Amend HB 1070 by adding on line 19 of page 1 after the word "government" the following:
"; provided, however, that such expenses have been presented to and approved by the Commissioners of Chatham County".

Representative Triplett of the 128th moved that the House disagree to the Senate amendment to HB 1070.
The motion prevailed.

HB 126. By Representative Wall of the 61st:

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A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to prohibit certain acts and conduct which would prevent or disrupt a session or meeting of the Senate or House of Representatives, a joint session thereof, or any meeting of any standing or interim committee, commission, or caucus of
members thereof.

The following Senate substitute was read:

A BILL
To amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses against public order, so as to prohibit certain acts and conduct which would prevent or disrupt a session or meeting of the Senate or House of Repre sentatives, a joint session thereof, or any meeting of any standing or interim committee, commission, or caucus of members thereof; to prohibit persons from entering, occupying, or remaining within the state capitol building or certain other buildings while in the pos session of any firearm, certain knives, explosive or incendiary devices or compounds, bludgeons, metal knuckles, or other dangerous or deadly weapons, instruments, or devices; to prohibit the obstruction of certain streets, sidewalks, hallways, offices, or other passageways; to prohibit certain persons from entering or remaining upon the floor of the Senate or the floor of the House of Representatives or within certain other areas; to pro vide for exceptions; to prohibit certain entries into the galleries of the Senate and the House of Representatives; to prohibit certain disruptive activities, parades, demonstra tions, or picketing in certain areas; to provide for penalties; to provide for intent; to pro vide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses against public order, is amended by adding, following Code Section 16-11-34, a new Code Section 16-11-34.1 to read as follows:
"16-11-34.1. (a) It shall be unlawful for any person recklessly or knowingly to commit any act which may reasonably be expected to prevent or disrupt a session or meeting of the Senate or House of Representatives, a joint session thereof, or any meet ing of any standing or interim committee, commission, or caucus of members thereof.
(b) It shall be unlawful for any person, other than those persons who are exempt from the provisions of Code Sections 16-11-126 through 16-11-128, to enter, occupy, or remain within the state capitol building or any building housing committee offices, committee rooms, or offices of members, officials, or employees of the General Assembly or either house thereof while in the possession of any firearm, knife designed for the purpose of offense and defense, explosive or incendiary device or compound, bludgeon, metal knuckles, or any other dangerous or deadly weapon, instrument, or device.
(c) It shall be unlawful for any person purposely or recklessly and without authority of law to obstruct any street, sidewalk, hallway, office, or other passageway in that area designated as Capitol Square by Code Section 50-2-28 in such a manner as to render it impassable without unreasonable inconvenience or hazard or to fail or refuse to remove such obstruction after receiving a reasonable official request or the order of a peace officer to do so.
(d) It shall be unlawful for any person willfully and knowingly to enter or to remain upon the floor of the Senate or the floor of the House of Representatives or within any cloakroom, lobby, or anteroom adjacent to such floor unless such person is authorized, pursuant to the rules of the Senate or House of Representatives or pursuant to authori zation given by the Senate or House of Representatives, to enter or remain upon the floor or within such area.
(e) It shall be unlawful for any person willfully and knowingly to enter or to remain in the gallery of the Senate or the gallery of the House of Representatives in violation

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of rules governing admission to such gallery adopted by the Senate or the House of Representatives or pursuant to authorization given by such body.
(f) It shall be unlawful for any person willfully and knowingly to enter or to remain in any room, chamber, office, or hallway within the state capitol building or any building housing committee offices, committee rooms, or offices of members, officials, or employees of the General Assembly or either house thereof with intent to disrupt the orderly conduct of official business or to utter loud, threatening, or abusive language or engage in any disorderly or disruptive conduct in such buildings or areas.
(g) It shall be unlawful for any person to parade, demonstrate, or picket within the state capitol building or any building housing committee offices, committee rooms, or offices of members, officials, or employees of the General Assembly or either house thereof with intent to disrupt the orderly conduct of official business or to utter loud, threatening, or abusive language or engage in any disorderly or disruptive conduct in such buildings or areas.
(h) (1) Any person violating this Code section for the first time shall be guilty of a misdemeanor.
(2) Any person violating this Code section for the second time shall be guilty of a misdemeanor of a high and aggravated nature.
(3) Any person violating this Code section for the third or any subsequent time shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than three years. (i) The enactment of this Code section shall not repeal any other provision of law proscribing or regulating any conduct otherwise prohibited by this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Wall of the 61st moved that the House agree to the Senate substitute to HB 126.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron Y Adams,G Y Adams.M Y Aiken
N Alford N Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M
YBeck Y Benefield N Benn Y Birdsong N Bishop N Bostick Y Branch
YBray Brooks
Y Brown
Buck N Buford
Byrd Y Carrell
Y Carter N Chambless Y Chance Y Cheeks N Guilders Y Childs N Clark,B
Clark,L

Y Colbert Y Coleman
Colwell Y Connell
Cooper Y Couch YCox N Crawford
Crosby Cummings N Davis.G Y Davis,M Dixon Y Dobbs N Dover Dunn Y Edwards Y Felton Y Floyd Y Foster N Galer NGodbee Y Goodwin
Y Green N Greene
Greer Y Gresham Y Griffin N Groover
Hamilton Manner Y Harris Y Hasty YHays Y Heard N Hensley

N Herbert Y Holcomb N Holmes
N Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson
Johnson.D Y Johnson.R N Kilgore Y Kingston Y Lane.D Y Lane,R
Langford N Lawler Y Lawrence Y Lawson
YLee Y Linder
Long Lord N Lucas N Lupton
Y Mangum N Martin Y McDonald N McKelvey N McKinney
YMilam Milford
Y Mobley Y Moody Y Moore Y Morton

Mostiler Y Moultrie Y Mueller
N Oliver N Orrock Y Padgett
Pannell Parham Y Parrish Y Patten Y Peters
Pettit N Phillips
Pinkston Y Pittman N Porter Y Powell Y Prichard Y Rainey
Ramsey.T Y Ramsey.V N Randall Y Ransom
Ray Y Reaves
Redding N Richardson Y Ricketson N Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson N Sinkfield

Y Sizemore
Y Smith.L Y Smith.P
Smith.T
Y Smith.W Smyre
N Snow Y Stancil
Stanley N Steinberg N Stephens N Thomas.C N Thomas.M N Thompson N Thurmond N Townaend
Triplett N Twiggs Y Waddle N Waldrep N Walker.C
Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B N Williams,J
Wilson Y Wood N Workman
Yeargin N Young
Murphy ,Spkr

MONDAY, MARCH 9, 1987

2019

On the motion, the ayes were 94, nays 50. The motion prevailed.

HB 35. By Representative Clark of the 55th:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Anno tated, relating to bonds and recognizances, so as to provide for additional conditions for the release of a surety from liability; to provide for certain persons to whom a principal may be surrendered; to provide for conditions of forfeiture of certain appearance bonds.

The following Senate substitute was read:

A BILL
To amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide for additional conditions for the release of a surety from liability; to provide for certain persons to whom a principal may be surren dered; to provide for conditions of forfeiture of certain appearance bonds; to change cer tain provisions relating to hearings, deposits, notices, orders, and executions regarding certain bonds; to provide for certain personal service; to provide for notice of certain execution hearings; to provide for certain judgments; to change certain provisions relating to the judgment of forfeiture of appearance bonds and remission of forfeiture; to provide that a surety shall be relieved from liability under certain circumstances; to provide for detainers and rendition proceedings and procedures; to provide for conditions of liability; to provide for remissions of forfeitures; to provide for other matters relative to the forego ing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, is amended by striking Code Section 17-6-31, relating to cer tain procedures by which a principal on a bond may be surrendered by a surety for release of a bond generally, and inserting in its place a new Code Section 17-6-31 to read as fol lows:
"17-6-31. When the court is not in session, a surety on a bond may surrender the surety's principal to the sheriff or to the responsible law enforcement officer of the juris diction in which the case is pending in order to be released from liability. When the court is in session, a surety on a bond may surrender the surety's principal in open court and the principal shall be considered surrendered by plea of guilty or nolo contendere to the court or if the principal is present in person when the jury or judge, if tried with out a jury, finds the principal guilty or if the judge dead dockets the case prior to entry of judgment and, upon such plea or finding of guilty or dead docketing, the surety shall be released from liability. If the principal does not appear by the end of the day on which the principal was bound to appear, forfeiture proceedings shH be initiated the bond shall be forfeited. The death of the principal shall be equivalent to a surrender."
Section 2. Said chapter is further amended by striking Code Section 17-6-70, relat ing to the occurrence of bond forfeitures, and inserting in its place a new Code Section 17-6-70 to read as follows:
"17-6-70. (a) A bond forfeiture occurs immediately upon the failure of appearance of a principal of any bond or recognizance given for the appearance of that person.
(b) An appearance bond shall not be forfeited unless the clerk of the court gave the surety at least 72 hours written notice, exclusive of Saturdays, Sundays, and legal holi days, before the time of the required appearance of the principal. Notice shall not be necessary if the time for appearance is within 72 hours from the time of arrest, provided the time for appearance is stated on the bond, or where the principal is given actual notice in open court."

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Section 3. Said chapter is further amended by striking Code Section 17-6-71, relat ing to certain hearings, deposits, notices, orders, and executions regarding bonds, and inserting in its place a new Code Section 17-6-71 to read as follows:
"17-6-71. (a) The judge shall upon the failure to appear order an execution hearing for a date not later sooner than 96 60 days but not later than 90 days after the failure
be deposited iste th registry of the court within 46 days following the date ef the erderr Notice of the execution hearing shall be mailed given by first-class mail by the clerk of court to the principal and to each surety at the addresses given on the bond or by per sonal service to the surety within 72 hours of the failure to appear at its home office or to its designated registered agent. Notice shall be served in the form of a scire facias, setting the date of the execution hearing.
(b) If at the execution hearing it is determined that the bend judgment should be forfeited entered, the judge shall so order and; after rendering such judgment ef forfciture, ftft execution oft the order snoii iminedi&teiy i&e issued upon tne oond Amount, ift me event tnst tne Dond snftount is not so forieiteci t rt sn&ii oe~ returned IFOIU* tne resistry ef the eeart te the principal er the surety, whomever made seeh deposit.
<e)--Upon the denial ef the application under subsection <e) ef ed Section 17-6-72 of flitcr tne pftsss^e ot iisU dftys tpom tne dftte of ft i&iiure to Qppcflfj rt no dppiic&tton
be pawt ever by the eterit te the fines and forfeitures fund."
Section 4. Said chapter is further amended by striking Code Section 17-6-72, relat ing to judgment of forfeiture of appearance bonds and remission of forfeiture, and insert ing in its place a new Code Section 17-6-72 to read as follows:
"17-6-72. (a) No judgment shall be rendered decreeing th on a forfeiture of any appearance bond if it is shown to the satisfaction of the court by the sworn statement of a reputable physician that the principal in the bond was prevented from attending by some physical disability.
(b) No judgment shall be rendered decreeing the on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that the principal in the bond was prevented from attending because he was detained under sentence in a penal institution in another jurisdiction. A sworn affidavit or official written notice of the warden or other responsible officer of the penal institution in which the principal has been detained shall be considered adequate proof of the principal's detention. Presentation of such affidavit or official written notice to the court clerk and the prosecutor having jurisdiction of the case, along with tender by the surety to the sheriff of the costs necessary to return the principal, shall serve as the surety's request to have a detainer placed on the principal. Should the state fail to place a detainer on a principal who is in custody in a penal insti tution under sentence in another jurisdiction within 180 days after such presentation and tender of costs, the surety shall be relieved of liability for the appearance bond.
(c) If the prosecution does not try the charges against a defendant within a period of three years in the case of felonies and two years in the case of misdemeanors after the date of posting bond, no judgment rendered after such period decreeing the forfcitwe ef the appearance bond may be enforced against the surety on the bond and the surety shall thereafter be relieved of liability on the bond. This provision shall not apply where the prosecution's failure to try the charges is due to the fault of the defendant principal.
(d) No judgment shall be rendered decreeing the forfeiture ef on any appearance bond if it is shown to the satisfaction of the court that prior to the hearing date st pursuant te Code Section 17-6-71 entry of judgment on the forfeiture that the principal in on the bond is in the custody er detention of the sheriff or other responsible effieer ef th jurisdiction in which forfeiture proceedings were commenced pursuant te Code Section 17-6-70 law enforcement agency. A sworn affidavit or official written notice of the sheriff or other responsible law enforcement officer having custody or detention of principal shall be considered adequate proof of such custody or detention. Except in cases where the principal on the bond is in the custody of the sheriff or other respon sible law enforcement agency of the jurisdiction in which forfeiture proceedings were

MONDAY, MARCH 9, 1987

2021

commenced pursuant to Code Section 17-6-70, presentation of such affidavit or official written notice to the court clerk and the prosecutor having jurisdiction of the case along with tender of the costs necessary to return the principal shall act as a request that a detainer be placed against the principal. Upon the sheriff or other law enforcement offi cer of the jurisdiction where the case is pending assuming custody of the principal, the surety shall be relieved of the bond obligation. Should the state fail to place a detainer within a reasonable time after said presentation and tender of costs necessary to return the principal, the surety shall be relieved of the bond obligation.
(e) No judgment shall be rendered on any appearance bond if it is shown to the satisfaction of the court that the surety was prevented from returning the principal to the jurisdiction because such principal was on active military duty.
4e) ft) (Q On application filed within iSQ 60 days from forfeiture payment of judg ment, the court shall order remission if it determines that there was e breach of the bendr under the following conditions:
{2} (1) Provided the bond amount has been paid into th registry of the cettrt and
trlCPC flfiS DCCM HO OPCftCfl Or **1C t6HT18 Of TnG DOttd) n tn QIftttQflUt 9UPP6HQCPS "Of "IS
apprehended within 96 60 days after forfeiture judgment and the delay has not pre vented the proper prosecution of the defendant principal, the court, on motion at a hearing upon notice having been given to the prosecuting attorney as required by paragraph {4} (2) of this subsection, may shall direct remission of a maximum of 96 95 percent of a forfeiture the bond if the surety apprehended and surrendered the defendant or if the apprehension or surrender of the defendant was substantially pro cured or caused by the surety. Should the surety produce the principal within two years of the failure to appear, the surety shall be entitled to a refund of 50 percent of the bond payment; and
ift--Remission of forfeiture snarl net fee ordered for any reason ether than these specified in this subsection.
{4) (2) The prosecuting attorney must be given at least 20 days' notice before a hearing is held on the application for remission and must be furnished with a copy of the application along with the affidavits and other documentation and evidence supporting such application. Remission shall be granted on the condition of the pay ment of costs by the surety tmtess the ground for remission is that there was ne breach of the bend as provided in paragraph H) of this subsection."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Randall of the 101st moves to amend the Senate substitute to HB 35 b"9y0"s.triking the figure "60" on line 21 of page 6 and inserting in lieu thereof the figure

Representative Randall of the 101st moved that the House agree to the Senate substi tute, as amended, by the House, to HB 35.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken
Alford Y Alien YAthon
Atkins Y Bailey YBalkcom Y Bannister Y Bargeron
Barnett.B

Y Barnett,M YBeck Y Benefield YBenn
Y Birdsong Y Bishop Y Bostick Y Branch
Bray Brooks Brown
Buck Y Buford

YByrd Y Carrell Y Carter
Chambless Y Chance Y Cheeks
Y Childers Y Childs Y Clark,B Y Clark,L Y Colbert
Coleman Y Colwell

Y Connell Cooper
Y Couch YCox Y Crawford
Crosby
Y Cummings Y Davis.G Y Davis,M Y Dixon YDobbs Y Dover
Dunn

Y Edwards Y Felton Y Floyd Y Foster
Y Galer Godbee
Y Goodwin Y Green
Y Greene Y Greer Y Gresham Y Griffin Y Groover

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Y Hamilton Banner
Y Harris Y Hasty YHays Y Heard Y Hensley Y Herbert Y Holcomb
Holmes Y Hooks Y Hudson Y Isakson YJacksonJ
Jackson, W Y Jamieson
Johnson,D Y Johnson.R Y Kilgore Y Kingston Y Lane,D Y Lane.R
Langford

Lawler Y Lawrence
Lawson Y Lee Y Linder Y Long
Lord Y Lucaa Y Lupton Y Mangum Y Martin Y McDonald
McKelvey McKinney YMilam Y Milford Y Mobley Y Moody Y Moore Y Morton Mostiler Y Moultrie Y Mueller

Y Oliver Y Orrock
Y Padgett Y Pannell
Parham Y Parrish
Patten Y Peters
Pettit Y Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey
Ramsey.T Y Ramsey.V Y Randall Y Ransom Y Ray Y Reaves
Redding

On the motion, the ayes were 138, nays 1. The motion prevailed.

Richardson Y Ricketson
Robinson.C Y Robinson,P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L Y Smith,P Y Smith,T Y Smith,W
Smyre Snow Y Stancil Y Stanley Y Steinberg Y Stephens Thomas.C Thomas.M

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

The following Bill of the Senate was taken up for the purpose of considering the Senate's adhering to its position in disagreeing to the House substitute:

SB 230. By Senators Deal of the 49th and Hine of the 52nd:
A bill to amend Chapter 1 of Title 16 of the Official Code of Georgia Anno tated, relating to general provisions relative to crimes and offenses, so as to provide for a statement of intent and purpose; to provide that the repeal, repeal and reenactment, or amendment of certain criminal laws shall not affect or abate the status as a crime of criminal acts or omissions which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law.

Representative Thomas of the 69th moved that the House adhere to its position in insisting on its substitute to SB 230 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 Thurmond of the 67th, Davis of the 45th and Alien of the 127th.

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

SB 229. By Senators Allgood of the 22nd, Kennedy of the 4th and Barnes of the 33rd:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile court proceedings, so as to grant juvenile courts jurisdiction over proceedings concerning notice to a parent or guardian rela tive to an unemancipated minor's decision to seek an abortion; to provide for a short title; to provide for definitions.

MONDAY, MARCH 9, 1987

2023

The following Senate amendment was read:

Amend the House substitute to SB 229 by adding on line 11 of page 1 after the word and semicolon "abortion;" the following:
"to provide for notice to persons standing in loco parentis;".
By striking on line 14 of page 3 the word "and" and substituting in lieu thereof the word "or".
By adding between lines 14 and 15 of page 3 the following:
"(C) The minor, if the minor has no parent or legal guardian, and an accompanying adult furnish the physician with an affidavit signed by both the minor and the accom panying adult attesting to the fact that the minor does not have a parent or a legal guardian and that the person standing in loco parentis to the minor has been notified of the intent of the minor to seek an abortion; and".
By striking lines 18 through 25 on page 3 in their entirety.
By striking on line 26 of page 3 the designation "(c)" and substituting in lieu thereof the designation "(b)".
By striking on line 28 of page 3 the reference "(a)(l)(B)" and substituting in lieu thereof the reference "(a)(l)(B) or (a)(l)(C)".
By adding on line 10 of page 4 after the word "guardian" the following:
"or person standing in loco parentis".
By striking on line 26 of page 4 the reference "(a)(l)(B)" and substituting in lieu thereof the reference "(a)(l)(B) or (a)(l)(C)".
By adding on line 33 of page 4 after the word "guardian" the following:
"or person standing in loco parentis".

Representative Thomas of the 69th moved that the House agree to the Senate amend ment to the House substitute to SB 229.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams,M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong
Bishop Y Bostick Y Branch YBray Y Brooks Y Brown YBuck Y Buford

YByrd
Y Carrell 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 Couch YCox
Y Crawford Y Crosby Y Cummings N Davis,G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn

Y Edwards Y Felton Y Floyd
Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene
YGreer Y Gresham
Y Griffin Groover
Y Hamilton Y Banner
Y Harris Y Hasty YHays Y Heard Y Hensley
Herbert Y Holcomb
Y Holmes Y Hooks Y Hudson Y Isakson

Y Jackson,J Y Jackson,W Y Jamieson
Johnson.D Y Johnson,R
Y Kilgore Y Kingston YLane.D Y Lane,R
Langford Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum
Y Martin Y McDonald Y McKelvey
McKinney Y Milam Y Milford

Y Mobley Y Moody Y Moore
Morion Mostiler Y Moultrie
Y Mueller Y Oliver N Orrock Y Padgett
Pannell Parham Y Parrish Y Patten Y Peters Pettit Y Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Randall

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Y Ransom YRay Y Reaves
Redding N Richardson YRicketson
Robinson.C Y Robinson,P Y Royal Y Selman

Y Shepard Y Sherrod Y Simpson N Sinkfleld Y Sizemore Y Smith.L
Y Smith.P Y Smith.T Y Smith.W
Smyre

Y Snow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C
Thomas.M Y Thompson Y Thurmond
Townsend

Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C
Walker,L
Y Wall Y Ware Y Watson Y Watts

White Y Wilder Y Williams,B Y Williams.J
Wilson Y Wood
Y Workman Y Yeargin N Young
Murphy.Spkr

On the motion, the ayes were 150, nays 5. The motion prevailed.

Representative Steinberg of the 46th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

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

HB 576. By Representatives Barnett of the 10th, Porter of the 119th, Holcomb of the 72nd, Harris of the 84th and Yeargin of the 14th:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Anno tated, known as the "Used Car Dealers' Registration Act", so as to authorize the board to develop and administer an examination; to change the provi sions relating to attendance at training and informational seminars.

The following Senate substitute was read:

A BILL
To amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Car Dealers' Registration Act," so as to change certain provisions relating to the power of the State Board of Registration of Used Car Dealers to make certain rules and regulations; to change certain provisions relating to attendance at training and informational seminars; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Car Dealers' Registration Act," is amended by striking paragraph (3) of Code Section 43-47-6, relating to powers and duties of the State Board of Registration of Used Car Dealers, and inserting in its place a new paragraph (3) to read as follows:
"(3) To make such rules and regulations as may be necessary to effectuate the administration and enforcement of this chapter? provided that ne streh rate e* regulation 9riLii t)ccomc ciicctivc until ot? dftys filler rt siicui ftftvc Dccn m&iicd to cflcft used CAT deafer licensed by the beard; and"
Section 2. Said chapter is further amended by striking subsection (e) of Code Section 43-47-8, relating to license applications, and inserting in its place a new subsection (e) to read as follows:
"(e) Each application for a new license after July 1, 1983, shall show that within the preceding year the applicant has attended a training and information seminar conducted approved by the board. Such seminar shall include, but shall not be limited to, dealer requirements of this chapter, including books and records to be kept; requirements of the Motor Vehicle Title Division and the Sales and Use Tax Division of the Department of Revenue; and such other information as in the opinion of the board will promote good business practices. No such seminar shall exceed one day in length."

MONDAY, MARCH 9, 1987

2025

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Barnett of the 10th moved that the House agree to the Senate substi tute to HB 576.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams,M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield
Benn Birdsong
Bishop Y Bostick Y Branch
YBray Brooks
Y Brown
YBuck Y Buford
YByrd Y Carrell 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 Couch YCox Y Crawford
Y Crosby Y Cummings Y Davis.G Y Davis,M Y Diron Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin
Groover Y Hamilton Y Hanner Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks
Y Hudson YIsakson Y Jackson,J Y Jackson.W Y Jamieson
Johnson,D
Y Johnson,R Y Kilgore Y Kingston
Lane.D Lane.R Langford Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey Y McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Y Mortem

On the motion, the ayes were 152, nays 0. The motion prevailed.

Mostiler Y Moultrie Y Mueller
Y Oliver Y Orrock
Y Padgett Y Pannell
Parham Y Parrish
Y Patten Y Peters
Pettit Y Phillips Y Pinkston
Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall
Y Ransom YRay Y Reaves
Redding
Y Richardson Ricketson Robinson,C
Y Robinson.P Y Royal Y Selman
Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith.L Y Smith,?
Smith.T
Y Smith.W Smyre
YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C
Thomas,M Y Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Walker.L YWall Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J
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 substitute thereto:

SB 203. By Senator Deal of the 49th:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving assault and bat tery, so as to create the new offense of battery; to provide that a person commits the offense of battery when he intentionally causes visible bodily harm or substantial bodily harm to another; to define terms; to provide for criminal penalties.

The following Senate amendment was read:

Amend the House substitute to SB 203 by striking from line 18 of page 1 the follow ing:
"which may include substantial",

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JOURNAL OF THE HOUSE,

and inserting in its place the following:

By striking from lines 20 through 26 of page 1 the following:
"(b) As used in this Code section, the term 'substantial visible bodily harm' means severe bodily harm capable of being perceived by a person other than the victim and includes, but is not limited to, severely blackened eyes, severely swollen lips or other facial or body parts, fractures, or substantial bruises to body parts.",
and inserting in its place the following:
"(b) As used in this Code section, the term 'visible bodily harm' means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts."
"By striking from line 21 of page 2 the following:
"compelling",
and inserting in its place the following:
"convincing".
By striking the quotation marks on line 27 of page 2 and inserting in its place the following:
"The minimum sentence provisions contained in subsection (d) of this Code section shall apply to sentences imposed pursuant to this subsection.'"
Representative Steinberg of the 46th moved that the House agree to the Senate amendment to the House substitute to SB 203.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey Y Balkcom Y Bannister
Bargeron BarneU.B Y Barnett,M Y Beck Y Benefield Y Benn Birdsong Y Bishop Y Bostick Y Branch Y Bray Y Brooks N Brown YBuck
Y Buford Y Byrd Y Carrell
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 Couch Y Cox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin

Y Groover Y Hamilton Y Manner
Y Harris Y Hasty Y Hays
Y Heard Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J
Jackson, W Y Jamieson
Johnson,D Y Johnson.R Y Kilgore Y Kingston
Lane.D Y Lane.R
Langford Lawler
Y Lawrence Y Lawson
Y Lee Y Linder Y Long Y Lord Y Lucas

Y Lupton Mangum
Y Martin
Y McDonald Y McKelvey Y McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morion
Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters
Pettit
Y Phillips Pinkston
Y Pittman
Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T

Y Ramsey.V Randall
Y Ransom
Y Ray Y Reaves
Redding
Y Richardson Ricketson Robinson.C
Y Robinson.P Y Royal
Y Selman Shepard
Y Sherrod
Y Simpson Y Sinkfield Y Sizemore Y Smith,L Y Smith,? Y Smith.T
Y Smith.W Smyre
Y Snow Y Stancil
Y Stanley Y Steinberg Y Stephens
Y Thomas,C Thomas.M
Y Thompson Y Thurmond
Townsend

MONDAY, MARCH 9, 1987

Y Triplett
Y Twiggs
Y Waddle Y Waldrep

Walker.C Walker.L Y Wall Y Ware

Y Watson Y Watts
White Y Wilder

Y Williams,B Y Williams,J
Wilson Y Wood

On the motion, the ayes were 151, nays 1. The motion prevailed.

2027
Y Workman Y Yeargin Y Young
Murphy.Spkr

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

HR 189. By Representative Dobbs of the 74th:
A resolution creating the Joint Study Committee on the Conversion of Waste to Energy.

The following Senate amendment was read:
Amend HR 189 by striking from line 25 of page 2 the following: "December 1,", and inserting in its place the following: "December 15,".

Representative Dobbs of the 74th moved that the House agree to the Senate amend ment to HR 189.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron
Barnett.B Y Barnett,M YBeck Y Benefield NBenn
Birdsong Bishop Y Bostick Y Branch YBray
Y Brooks Y Brown
YBuck Y Buford YByrd Y Carrell 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 Couch YCox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert Y Holcomb
Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J
Jackson.W
Y Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane.R
Langford Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum
Y Martin Y McDonald Y McKelvey
Y McKinney YMilam Y Milford Y Mobley Y Moody Y Moore
Y Morton

Mostiler Y Moultrie
Y Mueller Y Oliver
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters
Pettit Y Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
YRay Reaves Redding
Y Richardson Y Ricketson
Robinson.C
Y Robinson.P Y Royal Y Selman
Shepard Y Sherrod Y Simpson
Y Sinkfield

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

2028

JOURNAL OF THE HOUSE,

On the motion, the ayes were 157, nays 1. The motion prevailed.

HB 142. By Representatives Childs of the 53rd, Williams of the 54th and Cummings of the 17th:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses against public health and morals, so as to provide for definitions; to prohibit selling or furnishing cigarettes or tobacco related objects to any minor; to prohibit the purchase or procurement of cigarettes or tobacco related objects for any minor.

The following Senate substitute was again read:

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 provide for definitions; to prohibit selling or furnishing cigarettes or tobacco related objects to any minor; to prohibit the pur chase of cigarettes or tobacco related objects for any minor; to prohibit advising, counsel ing, or compelling any minor to smoke, inhale, chew, or use cigarettes or tobacco related objects; to provide for a showing of proper identification prior to the sale of cigarettes or tobacco related objects; to prohibit the purchase of cigarettes or tobacco related objects by minors; to prohibit the misrepresentation of identity or age or use of any false identifi cation by a minor for the purchase of any cigarettes or tobacco related objects; to provide for the posting of certain warning signs by any person, firm, partnership, company, cor poration, or other entity who owns or operates a place of business in which cigarettes or tobacco related objects are sold or offered for sale; to provide for the posting of warning signs on vending machines which dispense cigarettes or tobacco related objects; to prohibit persons from knowingly allowing minors to operate such vending machines; to prohibit minors from operating such vending machines; to provide for other matters relative to the foregoing; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relat ing to offenses against public health and morals, is amended by adding at the end thereof a new article to be designated Article 7 to read as follows:
"ARTICLE 7
16-12-170. As used in this article, the term: (1) 'Cigarettes' means any type of tobacco or tobacco product. (2) 'Community service' means a public service which a minor might appropriately
be required to perform, as determined by the court, as punishment for certain offenses provided for in this article.
(3) 'Minor' means any person who is under the age of 17 years. (4) 'Person' means any natural person or any firm, partnership, company, corpora tion, or other entity. (5) 'Proper identification' means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth and includes, without being limited to, a passport, military identification card, driver's license, or an identification card authorized under Code Sections 40-5-100 through 40-5-104. 'Proper identification' shall not include a birth certificate. (6) 'Tobacco related objects' means any papers, wrappers, or other products, devices, or substances which are used for the purpose of making cigarettes or tobacco in any form whatsoever.

MONDAY, MARCH 9, 1987

2029

16-12-171. (a) (1) It shall be unlawful for any person knowingly to:

(A) Sell or barter, directly or indirectly, any cigarettes or tobacco related objects

to a minor;

(B) Purchase any cigarettes or tobacco related objects for any minor unless the

minor for whom the purchase is made is the child of the purchaser; or

(C) Advise, counsel, or compel any minor to smoke, inhale, chew, or use ciga

rettes or tobacco related objects.

(2) The prohibition contained in paragraph (1) of this subsection shall not apply

with respect to sale of cigarettes or tobacco related objects by a person when such

person has been furnished with proper identification showing that the person to whom

the cigarettes or tobacco related objects are sold is 17 years of age or older.

(3) Any person who violates this subsection shall be guilty of a misdemeanor; pro

vided, however, for a first offense the sentence shall be suspended,

(b) (1) It shall be unlawful for any minor to:

(A) Purchase any cigarettes or tobacco related objects; or

,

(B) Misrepresent such minor's identity or age or use any false identification for

the purpose of purchasing or procuring any cigarettes or tobacco related objects.

(2) A minor who commits an offense provided for in paragraph (1) of this subsec

tion may be punished as follows:

(A) By requiring the performance of community service not exceeding 20 hours;

(B) By requiring attendance at a publicly or privately sponsored lecture or

discussion on the health hazards of smoking or tobacco use, provided such lecture

or discussion is offered without charge to the minor; or

(C) By a combination of the punishments described in subparagraphs (A), (B),

and (C) of this paragraph.

16-12-172. (a) Any person owning or operating a place of business in which ciga

rettes or tobacco related objects are sold or offered for sale shall post in a conspicuous

place a sign which shall contain the following statement:

'SALE OF CIGARETTES, TOBACCO, TOBACCO PRODUCTS, OR TOBACCO

RELATED OBJECTS TO PERSONS UNDER 17 YEARS OF AGE IS PROHIB

ITED BY LAW.'

Such sign shall be printed in letters of at least one-half inch in height.

(b) Any person who fails to comply with the requirements of subsection (a) of this

Code section shall be guilty of a misdemeanor.

16-12-173. (a) Any person who maintains in such person's place of business a vend

ing machine which dispenses cigarettes or tobacco related objects shall place or cause

to be placed in a conspicuous place on such vending machine a sign containing the

following statement:

'THE PURCHASE OF CIGARETTES OR TOBACCO RELATED OBJECTS FROM

THIS VENDING MACHINE BY ANY PERSON UNDER 17 YEARS OF AGE IS

PROHIBITED BY LAW.'

(b) Any person who fails to comply with the requirements of subsection (a) of this

Code section shall be guilty of a misdemeanor; provided, however, for a first offense, the

sentence shall be a fine not to exceed $300.00.

(c) It shall be a violation of subsection (a) of Code Section 16-12-171 for any person

knowingly to allow a minor to operate a vending machine which dispenses cigarettes or

tobacco related objects.

(d) The offenses provided for by paragraph (1) of subsection (b) of Code Section

16-12-171 shall apply to the operation by a minor of a vending machine which dispenses

cigarettes or tobacco related objects."

Section 2. 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 142.
On the motion, the roll call was ordered and the vote was as follows:

2030

JOURNAL OF THE HOUSE,

Y Aaron N Adams.G Y Adams.M Y Aiken Y Alford N Alien N Athon Y Atkins Y Bailey N Balkcom Y Bannister Y Bargeron
Barnett.B Y Barnett,M
Beck Y Benefleld YBenn N Birdsong
Bishop N Bostick
N Branch YBray Y Brooks Y Brown
Buck N Buford NByrd N Carrell N Carter
Chambless Y Chance Y Cheeks Y Childere Y Childs
N Clark,B Clark.L

Y Colbert N Coleman
Colwell Y Connell Y Cooper N Couch YCox N Crawford N Crosby Y Cummings N Davis.G Y Davis.M N Dixon
Dobbs N Dover Y Dunn Y Edwards Y Felton N Floyd N Foster Y Galer NGodbee Y Goodwin Y Green N Greene NGreer Y Gresham Y Griffin N Groover Y Hamilton N Manner N Harris
Y Hasty NHays Y Heard Y Hensley

Y Herbert Y Holcomb Y Holmes
N Hooks N Hudson Y Isakson N Jackson,J Y Jackson, W Y Jamieson
Johnson.D Y Johnson,R N Kilgore
Kingston Y Lane.D Y Lane.R
Langford Y Lawler Y Lawrence
Lawson YLee Y Under
Long NLord N Lucas Y Lupton N Mangum Y Martin Y McDonald Y McKelvey N McKinney Y Milam N Milford Y Mobley N Moody N Moore Y Morton

Mostiler Y Moultrie N Mueller N Oliver
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish N Patten Y Peters Y Pettit N Phillips
Pinkston
Y Pittman Y Porter N Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay N Reaves
Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson,? N Royal Y Selman Y Shepard N Sherrod Y Simpson
Sinkfield

On the motion, the ayes were 104, nays 51. The motion prevailed.

N Sizemore
Y Smith.L Y Smith.P
Smith.T Y Smith,W
Y Smyre YSnow
Stencil
Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplett
Twiggs Y Waddle N Waldrep Y Walker.C Y Walker.L
Wall Y Ware N Watson
Y Watts White
Y Wilder Y Williams.B Y Williams,J
Wilson Wood Y Workman N Yeargin Y Young Murphy,Spkr

HB 1010.

By Representatives Jackson of the 83rd, Watts of the 41st, Barnett of the 10th, Dover of the llth, Bargeron of the 108th and others:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Anno tated, relating to licenses, permits, and stamps concerning game and fish generally, so as to change the criteria for issuing such permits.

The following Senate amendment was read:

Amend HB 1010 by adding in the title on line 7 of page 1, immediately following the first semicolon and preceding the words "to provide", the following:

"to change the provisions relating to the fee for a nonresident commercial fishing license;".

By renumbering Sections 2 and 3 on page 2 as Sections 3 and 4, respectively, and add ing below line 28 on page 1 a new Section 2 to read as follows:

"Section 2. Said chapter is further amended by striking in its entirety subparagraph (B) of paragraph (5) of Code Section 27-2-23, relating to license, permit, and stamp fees regarding game and fish, and inserting in lieu thereof a new subparagraph (B) to read as follows:

'(B) Nonresident commercial fishing license

Season

100.25

MONDAY, MARCH 9, 1987

2031

If the commissioner determines that any of the States of Alabama, Florida. North Carolina, South Carolina, and Tennessee has a nonresident commercial fishing license fee which substantially exceeds the comparable fee which Georgia charges a citizen of that contiguous state, then the commissioner, notwithstanding the fee specified by this subparagraph, shall be authorized to increase the nonresident commercial fishing license fee, as applied to citizens of that contiguous state, to an amount equal to the fee a Georgia citizen is required to pay to fish commercially in that contiguous state.'"

Representative Jackson of the 83rd moved that the House agree to the Senate amend ment to HB 1010.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken
Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron
Barnett,B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong
Bishop Y Bostick Y Branch YBray Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell
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 Couch YCox Y Crawford Y Crosby Y Cummings Y Davis,G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin N Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard Y Hensley

Herbert Y Holcomb Y Holmes
Y Hooks Y Hudson
Isakson Y Jackson.J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane.D
Lane,R Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
Y McDonald Y McKelvey Y McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

On the motion, the ayes were 158, nays 2. The motion prevailed.

Mostiler Y Moultrie
Mueller
Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston
Y Pittman Y Porter Y Powell
Y Prichard Y Rainey Y Rarosey.T Y Ramsey.V Y Randall
Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson
Robinson,C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield

Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smith,W YSmyre YSnow N Stancil Y Stanley
Steinberg Y Stephens Y Thomas.C
Thomas.M Y Thompson Y Thurmond
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
Wilson Y Wood Y Workman
Y Yeargin Y Young
Murphy,Spkr

HB 652. By Representatives Triplett of the 128th and Murphy of the 18th:
A bill to amend Code Section 40-6-181 of the Official Code of Georgia Anno tated, relating to maximum motor vehicle speed limits, so as to authorize the commissioner of transportation, in conformity with federal law, to increase certain maximum speed limits.

The following Senate substitute was read:

A BILL
To amend Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Anno tated, relating to speed restrictions, so as to authorize the commissioner of transportation,

2032

JOURNAL OF THE HOUSE,

in conformity with federal law, to increase certain maximum speed limits; to change the provisions relating to the establishment of state speed zones; to repeal certain provisions relating to maximum speed limits; 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. Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Anno tated, relating to speed restrictions, is amended by adding at the end of Code Section 40-6-181, relating to maximum motor vehicle speed limits, a new subsection (d) to read as follows:
"(d) Notwithstanding any other provision of this article to the contrary, the commis sioner of transportation may increase the maximum lawful vehicle speed on any highway or portion of a highway to not more than 65 miles per hour if such increase is not in conflict with any provision of federal law and will not result in any loss of federal funds to the state."
Section 2. Said article is further amended by striking Code Section 40-6-182, relat ing to establishment of state speed zones, and inserting in lieu thereof a new Code Section 40-6-182 to read as follows:
"40-6-182. Whenever the commissioner of public safety or the commissioner of trans portation shall determine upon the basis of an engineering and traffic investigation that any maximum speed set forth in this article is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of the state highway system, they may jointly determine and declare a reasonable and safe maximum limit at such place, which shall be effective when appropriate signs giving notice thereof are erected. Such a maximum speed limit may be declared to be effective at all times as are indicated upon such signs; and differing limits may be established for different times of day, different varying weather conditions, different types of vehi cles, and other factors bearing on safe speeds, which shall be effective when posted upon appropriate fixed or variable signs. IB ne ease shall the maximum speed- limit be cstabrisked at higher than 66 mites pet hour."
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 Triplett of the 128th moved that the House agree to the Senate substi tute to HB 652.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams,M Y Aiken
Y Alford Y Alien Y Athon
Y Atkins Y Bailey
Y Balkcom Y Bannister Y Bargeron
Barnett.B
Y Barnett,M YBeck Y Benefield YBenn
Birdsong Bishop Y Bostick Y Branch

YBray
Y Brooks Y Brown YBuck Y Buford YByrd
N Carrell 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 Couch

YCox Y Crawford
Crosby
Y Cummings Y Davis.G N Davis.M Y Dixon Y Dobbs Y Dover
Dunn Edwards N Felton Floyd N Foster Y Galer
Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham

N Griffin Y Groover
Y Hamilton Y Hanner N Harris
Y Hasty YHays N Heard Y Hensley
Herbert Y Holcomb Y Holmes Y Hooks
Y Hudson Y Isakson Y Jackson,J Y Jackson.W
Y Jamieson Johnson.D
Y Johnson.R Kilgore

Y Kingston
YLane.D Lane,R Langford Lawler
Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas
Lupton Y Mangum Y Martin Y McDonald Y McKelvey Y McKinney Y Milam Y Milford Y Mobley

MONDAY, MARCH 9, 1987

2033

Y Moody Y Moore
Y Morton Mostiler
YMoultrie Mueller
Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters
Pettit

Y Phillips Pinkston
Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T N Ramsey.V Y Randall Y Ransom Y Ray Y Reaves
Redding Richardson

Y Ricketson Robinson.C
Y Robinson,? Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield Y Sizemore Y Smith.L Y Smith,P Y Smith.T Y Smith,W
Smyre

On the motion, the ayes were 138, nays 9. The motion prevailed.

Y Snow Y Stancil
Y Stanley Steinberg
Y Stephens Y Thomas.C
Thomas.M Y Thompson Y Thurmond
Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C

Y Walker,L Y Wall
Y Ware Watson
Y Watts White
N Wilder Williams.B
Y Williams,J 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 substitute thereto:

SB 286. By Senator Howard of the 42nd:
A bill to amend Code Section 43-34-37 of the Official Code of Georgia Anno tated, relating to disciplinary sanctions by the Composite State Board of Medical Examiners, so as to require that board to investigate a licensee's fit ness to practice medicine if the board receives certain notifications regarding judgments or settlements relating to medical malpractice claims or relating to the practice of medicine.

The following Senate amendment was read:

Amend the House Substitute to SB 286 by striking line 5 of page 2 and inserting the following:
"settlement in excess of $100,000 or a notification";
and by inserting before line 9 on page 2 the following:
"Every licensee shall notify the board of any settlement involving the licensee and relating to the practice of medicine in excess of $10,000.00."

Representative Pannell of the 122nd moved that the House agree to the Senate amendment to the House substitute to SB 286.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron N Adams.G N Adams.M
Aiken Alford N Alien Y Athon Y Atkins Bailey N Balkcom Bannister Bargeron Barnett.B N Barnett.M
Y Beck N Benefield
Benn

Y Birdsong Bishop Bostick
N Branch Y Bray N Brooks N Brown N Buck Y Buford N Byrd N Carrell
Carter Chambless Y Chance
N Cheeks Y Childers
Y Childs

N Clark.B N Clark.L Y Colbert
Coleman Colwell N Connell N Cooper N Couch Y Cox Y Crawford N Crosby N Cummings Davis.G N Davis.M
N Dixon Dobbs
Y Dover

Dunn Edwards Y Felton
N Floyd N Foster N Galer
Godbee N Goodwin N Green N Greene Y Greer N Gresham N Griffin
Groover
Y Hamilton Hanner
N Harris

Y Hasty Y Hays Y Heard
Y Hensley Y Herbert
Holcomb Y Holmes
Hooks Y Hudson Y Isakson Y Jackson,J
Jackson.W N Jamieson Y Johnson,D
N Johnson.R Kilgore
Y Kingston

2034
Lane D N Lane.R
Langford Y Lawler Y Lawrence Y Lawson Y Lee Y Linder
Long N Lord
Lucas Lupton Y Mangum Y Martin N McDonald Y McKelvey McKinney Y Milam N Milford

JOURNAL OF THE HOUSE,

Mobley N Moody N Moore
N Morton Mostiler
Y Moultrie Y Mueller Y Oliver Y Orrock N Padgett Y Pannell N Parham N Parrish N Patten
Y Peters N Pettit Y Phillips
Pinkston N Pittman

N Porter N Powell Y Prichard
N Rainey Ramsey.T
Y Ramsey.V Randall
N Ransom N Ray Y Reaves
Redding Y Richardson N Ricketson
Robinson.C
Y Robinson.P N Royal Y Selman
Shepard N Sherrod

Y Simpson Y Sinkfield Y Sizemore
Y Smith.L Y Smith.P N Smith.T N Smith.W Y Smyre Y Snow
Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C
Thomas.M Thompson N Thurmond Townsend Y Triplett

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

On the motion, the ayes were 66, nays 65. The motion was lost.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Game, Fish and Recreation and referred to the Committee on Ways and
Means:

HB 1148.

By Representative Orrock of the 30th:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions applicable to the "Georgia Boat Safety Act", so as to provide additional requirements relative to the issuance of certificates of number for vessels.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

HB 840. By Representative Workman of the 51st:
A bill to amend Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to provide for standards of inspection; to provide that inspections shall cover hoistways, associated equipment rooms, and access thereto, and shall include lobby smoke detectors.

The following Senate substitute was read:

A BILL
To amend Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to provide for standards of inspection; to provide that inspections shall cover hoistways, associated equipment rooms, and access thereto, and shall include lobby smoke detectors; to provide for filing of reports on new installations; to provide certain exemptions for elevator contractors; to provide for permissive inspections of private residence elevators; to provide for posting of operating permits; to provide for reports of accidents involving per sonal injury, death, or structural damage; to provide that equipment involved in an acci dent shall not be placed back in service until an inspection; to provide for compliance audits of political subdivisions; to provide for effects of noncompliance; to provide for con flicts; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 9, 1987

2035

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, is amended by striking in its entirety Code Section 8-2-102, relating to equipment inspec tions, and inserting in its place a new Code Section 8-2-102 to read as follows:
"8-2-102. (a) (1) Power passenger elevators, power freight elevators, escalators, manlifts, and moving walks shall be inspected once during each six--nmonth period.
(2) P-ewef freight elevators, hand Hand elevators; and power and hand dumbwait ers shall be inspected once during each 12 month period. (b) Inspections and installations shall be made in accordance with the standards set forth in Part 'X' of ANSI A17.1-1081 A17.1-1984, the American National Standards Standard Practice for Inspection of Elevators, Escalators and Moving Walks Inspector's Manual ANSI A17.2-1082 tmd A17.2, the Safety Standards for Manlifts ANSI AOO.M076 A90.1a-1976, the Safety Standard for Construction Hoists ANSI A10.4-1981 and ANSI A10.5-1981. the SafetyStandard for Conveyors and Related Equipment ANSI B20.1-1984, or the latest revised rules and regulations adopted by the Commissioner. Any inspections performed under these codes shall cover the hoistway, associated equip ment rooms, and access thereto, and shall include lobby smoke detectors. (c) A report of any inspection required by this Code section shall be filed with the department if the inspection is made by a state enforcement authority or with the local governing authority if the inspection is made by a local enforcement authority. Copies of the reports for new installations shall also be filed with the state fire marshal for his information. Such reports shall be made within ten days after the inspection has been completed, on forms prescribed by the Commissioner or the local enforcement authority, and shall indicate whether the elevator, escalator, manlift, moving walk, or dumbwaiter is safe and whether it meets the applicable rules and regulations prescribed pursuant to subsection (b) of Code Section 8-2-104. After any such report is filed, the enforcement authority may require additional inspections to assure that any such elevator, escalator, manlift, moving walk, or dumbwaiter meets such rules and regulations. (d) If any inspection report indicates that an elevator, escalator, manlift, moving walk, or dumbwaiter is in an unsafe condition which if continually operated may endan ger lives or property, then the enforcement authority may, at its discretion, require the owner or lessee to discontinue the use thereof until it has been made safe and in conformity with the rules and regulations specified in subsection (b) of Code Section 8-2-104.
(e) Elevator contractors who perform installations, alterations, repairs, or modifi cations on elevators, escalators, power freight elevators, moving walks, manlifts, or dumbwaiters, including the hoistways and machine rooms, shall be exempt from the requirements of Code Section 43-14-8 and Code Section 43-14-8.1.
(f) Private residence elevators shall be exempt from mandatory periodic inspections but shall be required to have an initial construction inspection as provided in the rules and regulations of the Commissioner. At the request of the owner or user of a private residence elevator, an inspection may be performed by the department and an inspection report issued. The department shall charge the person requesting the report a fee as set by the Commissioner to cover actual expenses of the inspection."
Section 2. Said part is further amended by striking in its entirety subsection (c) of Code Section 8-2-103, relating to operating permits, and inserting in its place a new sub section (c) to read as follows:
"(c) The operating permit shall indicate whether it is issued for an elevator, esca lator, manlift, moving walk, or dumbwaiter, state the rated load and speed and, in the case of an elevator, state whether the usage is for passengers or freight. The operating permit shall be posted either conspicuously in the car of an elevator tatd en or neat or on the premises. The operating permit for an escalator, manlift, moving walk, or a dumbwaiter shall be posted on the premises."
Section 3. Said part is further amended by striking in its entirety subsection (c) of Code Section 8-2-104, relating to employment of inspectors and to inspection fees and rules, and inserting in its place a new subsection (c) to read as follows:

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JOURNAL OF THE HOUSE,

"(c) The American National Standard Safety Code for elevators, dumbwaiters, esca lators, and moving walks ANSI A17.1-1082 A17.1-1984 and the Safety Standards for Manlifts ANSI A90.1a-1976 are adopted as rules and regulations of the Department of Labor for the purposes of this part until otherwise amended by rules and regulations of the Commissioner."
Section 4. Said part is further amended by striking in its entirety Code Section 8-2-106, relating to the reporting of accidents, and inserting in its place a new Code Section 8-2-106 to read as follows:
"8-2-106. (a) The owner or lessee shall report, by telephone, to the enforcement authority on the same day or by noon on the next work day, excluding state holidays and weekends, all elevator, escalator, manlift, moving walk, or power dumbwaiter related accidents involving personal injury or death. The owner or lessee shall also provide a written report of this accident within seven days.
(b) The owner or lessee shall report, in writing, to the enforcement authority within seven days, excluding state holidays and weekends, all elevator, escalator, manlift, moving walk, or power dumbwaiter related accidents involving personal tnjwy er struc tural damage to the elevator, escalator, manlift, moving walk, or power dumbwaiter.
(c) Any elevator, escalator, manlift, moving walk, or power dumbwaiter involved in an accident described in subsection (a) or (b) of this Code section shall be removed from service at the time of the accident. The equipment shall not be repaired, altered, or placed back in service until inspected by a certified inspector for the enforcement authority."
Section B. Said part is further amended by striking in its entirety Code Section 8-2-109.1, relating to exceptions for elevators on vehicles, and inserting in its place a new Code Section 8-2-109.1 to read as follows:
"8-2-109.1. (a) This part shall not apply to elevators located on vehicles operating under the rules of other state or federal authorities and used for carrying passengers or freight.
(b) Any county, municipality, or other political subdivision which adopts the mini mum rules and regulations as provided in Code Section 8-2-105 shall be audited on a semiannual basis for compliance by the Department of Labor; and any laws, ordinances, or resolutions in conflict with this part shall be void and of no effect."
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Workman of the 51st moved that the House agree to the Senate sub stitute to HB 840.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Adams.G
Y Adams.M
Aiken
Alford
Y Alien
Y Athon
Y Atkins
Y Bailey
Y Balkcom
Y Bannister
Y Bargeron Barnett.B
Y Barnett.M YBeck Y Benefleld YBenn Y Birdsong
Bishop Bostick Branch
YBray

Y Brooks Brown
YBuck
Y Buford YByrd Y Carrell
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 Couch YCox Y Crawford

Y Crosby Y Cummings
Davia.G Y Davis.M Y Dixon
Y Dobbs Y Dover Y Dunn
Edwards Y Felton Y Floyd Y Foster
Galer Y Godbee Y Goodwin
Green Y Greene Y Greer
Y Gresham Y Griffin
Groover Y Hamilton

Hanner Y Harris
Y Hasty YHays Y Heard
Hensley
Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson
Y Isakson Y Jackson,J Y Jackson.W Y Jamieson
Y Johnson,D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane.R
Langford

Lawler
Y Lawrence Y Lawson
YLee Y Linder
Long YLord
Lucas Lupton Y Mangum Y Martin Y McDonald Y McKelvey McKinney Milam Y Milford Y Mobley Y Moody Y Moore Y Mortpn Mostiler Y Moultrie

MONDAY, MARCH 9, 1987

2037

Y Mueller Y Oliver YOrrock
Y Padgett Y Pannell Y Parham Y Fairish
Y Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter

Y Powell
Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinaon.C Y Robinson,?

Y Royal
Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfleld Y Sizemore
Y Smith.L Y Smith.P Y Smith.T Y Smith,W Y Smyre YSnow
Stancil

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

Y Stanley Y Steinberg
Y Stephens Y Thomas,C Y Thomas.M
Thompson Y Thurmond
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
Wilson Y Wood Y Workman Y Yeargin
Y Young Murphy,Spkr

HB 266. By Representatives Porter of the 119th, Jackson of the 9th, Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a notice of suspension of a driver's license by the court; to change the definition of a habitual violator; to change the time period within which a habitual violator may apply for a probationary driver's license.

The following Senate substitute was read:

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles and traffic, so as to provide for a notice of suspension of a driver's license by the court; to change the definition of a habitual violator; to provide that judges and prosecutors may suspend the driver's license of a habitual violator; to change the time period within which a habitual violator may apply for a probationary driver's license; to change the period of driver's license suspension for a person charged with or convicted of serious injury by vehicle; to change the amount of point count reduction for attending cer tain courses and to change the courses for which a point count reduction will be awarded; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles and traffic, is amended by striking Code Section 40-5-54, relating to mandatory sus pension of drivers' licenses, in its entirety and inserting in lieu thereof a new Code Section 40-5-54 to read as follows:
"40-5-54. (a) The department shall forthwith suspend, as provided in Code Section 40-5-63, the license of any driver upon receiving a record of such driver's conviction of the following offenses, whether charged as a violation of state law or of a local ordinance adopted pursuant to Article 14 of Chapter 6 of this title:
(1) Homicide by vehicle, as defined by Code Section 40-6-393; (2) Manslaughter resulting from the operation of a vehicle; (3) Reserved; (4) Any felony in the commission of which a motor vehicle is used; (5) Failure to stop, render aid, or identify himself as required by Code Section 40-6-271; (6) Knowingly making a false affidavit or statement under oath or affirmation to the department under this chapter or any other law relating to the ownership or oper ation of motor vehicles;

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(7) Racing on highways and streets; (8) Using a motor vehicle in fleeing or attempting to elude an officer; (9) Fraudulent or fictitious use of a license; or (10) Hit and run or leaving the scene of an accident. (b) All judges of all courts having jurisdiction of the offenses set forth in subsection (a) of this Code section may, at the time of sentencing, give notice to the defendant on forms provided by the Department of Public Safety of the suspension of the defendant's driver's license. The period of suspension shall be determined by the Department of Public Safety for the term authorized by law. The court shall forward the notice of sus pension and the defendant's driver's license to the Department of Public Safety. The Department of Public Safety shall notify the defendant of the period of suspension at the address provided by the defendant."
Section 2. Said title is further amended by striking subsection (a) of Code Section 40-5-58, relating to habitual violators, which reads 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 period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, of moving traffic offenses as con tained in Chapter 6 of this title, including those covered in paragraph (1) of this sub section, or in the law of any other state, or in a valid municipal or county ordinance substantially conforming to or paralleling a similar law of Georgia, which offenses are required to be reported to the department, and the commission of which offenses, singularly or in combination with any other offense or offenses, statutorily requires the cancellation, suspension, or revocation of any operator's license by the department, or the commission of which offenses, singularly or in combination with any other offense or offenses, authorizes a court or the department to impose suspension or revocation of a driver's license.",
and inserting in lieu thereof a new subsection (a) to read as follows:

MONDAY, MARCH 9, 1987

2039

"(a) As used in this Code section, 'habitual violator' means any person who has been arrested and convicted within the United States 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:
(1) Committing any offense covered under Code Section 40-5-54 or Code Sections 40-6-391 through 40-6-395 or violating a federal law or regulation or the law of any state or a valid municipal or county ordinance substantially conforming to any offense covered under Code Section 40-5-54 or Code Sections 40-6-391 through 40-6-395;
(2) Operating a vehicle after cancellation, suspension, or revocation of his operator's license under Code Section 40-5-121 or any law of this state or any valid municipal or county ordinance substantially conforming to or paralleling the laws of this state; or
(3) Singularly or in combination, any of the offenses described in paragraph (1) or (2) of this subsection, both inclusive."
Section 3. Said title is further amended by striking subsection (b) of Code Section 40-5-58, relating to habitual violators, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) When the records of the department disclose that any person has been arrested and convicted of a violation of Chapter 6 of this title, or of a valid local ordinance adopted pursuant thereto, of an offense occurring on or after January 1, 1976, which record of arrest and conviction, when taken with and added to previous arrests and convictions of such person as contained in the files of the department, reveals that such person is a habitual violator as defined in subsection (a) of this Code section, the department shall forthwith notify such person that upon the date of notification such person has been declared by the department to be a habitual violator, and that hence forth it shall be unlawful for such habitual violator to operate a motor vehicle in this state unless otherwise provided in this Code section. Notice shall be given by certified mail, with return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. In the event that at the time of determination the habitual violator had been issued a driver's license, such license shall be revoked by such notice and shall be surrendered to the department within ten days of notification of such determination. For the purposes of this chapter, notice given by certified mail with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. In addition to the procedure set forth in this subsection, the sentencing judge or prosecutor in a conviction which convic tion classifies the defendant as a habitual violator may, at the time of sentencing, declare such defendant to be a habitual violator. The judge or prosecutor shall then give personal notice to such defendant on forms provided by the Department of Public Safety that henceforth it shall be unlawful for such habitual violator to operate a motor vehicle in this state unless otherwise provided in this Code section. The judge or prose cutor, as the case may be, shall within three days forward to the Department of Public Safety the order declaring that the defendant is a habitual violator, the notice of service, with the defendant's driver's license or a sworn affidavit of the defendant declaring that the driver's license has been lost, and the Department of Public Safety's copy of the uni form citation or the official notice of conviction attached thereto."
Section 4. Said title is further amended by striking subsections (b) and (f) of Code Section 40-5-63, relating to periods of suspension of drivers' licenses, and inserting in lieu thereof new subsections (b) and (f), respectively, to read as follows:
"(b) Any suspension made pursuant to Code Section 40-5-55 shall be for six months; provided, however, that, where a person who has refused to submit to a test or tests pro vided for in Code Section 40-5-55 has been charged with homicide by a vehicle as pro vided in Code Section 40-6-393; or has been charged with serious injury by vehicle as provided in Code Section 40-6-394, the period of the suspension shall be for 12 months.
(f) Any person convicted of violating subsection (a) of Code Section 40-6-393, relat ing to homicide by vehicle, or Code Section 40-6-394, relating to serious injury by vehi cle, shall have his license suspended for a period of three years. Such person shall not

2040

JOURNAL OF THE HOUSE,

be eligible for, early reinstatement of his driver's license as provided in this Code section or in Article 4 of this chapter and shall not be eligible for a limited driving permit as provided in Code Section 40-5-64. For purposes of this subsection, an accepted plea of nolo contendere to homicide by vehicle in the first degree or serious injury by vehicle shall constitute a conviction."
Section 5. Said title is further amended by striking Code Section 40-5-86, relating to reduction of point counts, in its entirety and inserting in lieu thereof a new Code Section 40-5-86 to read as follows:
"40-5-86. Upon the accumulation of eight points or more pursuant to Code Section 40-5-57, the total number of points accumulated by any driver shall be reduced by three seven points upon the satisfactory completion by such driver of an approved defensive driving course or an approved basic alcohol or drug course and the submission of a certificate by such driver to the department. The provisions of this Code section shall be available one time only to each driver in any ten-year period."
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Porter of the 119th moved that the House agree to the Senate substi tute to HB 266.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken YAlford Y Alien Y Athon Y Atkins
Bailey Y Balkcom Y Bannister Y Bargeron
Barnett.B Barnett.M
YBeck
Y Benefield
YBenn
Birdsong
Bishop
Y Bostick
Y Branch
Bray
Y Brooks Brown
YBuck Y Buford YByrd Y Carrell 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 Couch YCox Y Crawford Y Crosby Y Cummings
Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd
Foster Y Galer
Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham
Griffin Groover
Y Hamilton Manner
Y Harris Y Hasty YHays Y Heard Y Hensley

Herbert
Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston YLane.D Y Lane.R
Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder
Long YLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam
Milford Y Mobley
Y Moody Y Moore Y Morton

Mostiler
Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett
Y Pannell Y Parham Y Parrish Y Patten Y Peters
Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson
Robinson.C Y Robinson,P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Smith,L Smith,P
Y Smith.T Y Smith,W Y Smyre
YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas,M
Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs
Y Waddle Y Waldrep Y Walker.C
Y Walker.L YWall Y Ware Y Watson Y Watts
Y White Y Wilder Y Williams,B Y WilIiams,J
Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy,Spkr

On the motion, the ayes were 151, nays 0. The motion prevailed.

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

MONDAY, MARCH 9, 1987

2041

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

HB 460. By Representatives Hays of the 1st, Peters of the 2nd, Snow of the 1st, Walker of the 115th and Crawford of the 5th:
A bill to amend Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale of petroleum products, and Code Section 40-6-222 of the Official Code of Georgia Annotated, relating to handicapped parking permits, so as to provide for special disability permits; to require certain gasoline stations to dispense gasoline to holders of such permits at self-service prices under certain conditions.

The Senate has adopted the report of the Committee of Conference on the following Bill of the House:

HB 2. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Connell of the 87th and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1987, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes pro vided for herein.

The Senate insists on its substitute to the following Bill of the House:

HB 159. By Representatives Jackson of the 9th, Crosby of the 150th and Barnett of the 10th:
A bill to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to require insurance companies to obtain a certificate of title for certain vehi cles; to require certain individuals who cannot obtain certificates of title on salvaged and rebuilt motor vehicles to obtain certificates of title bond.

By unanimous consent, the rules were suspended and the following Bill of the House was taken up for the purpose of considering the House action in agreeing to the Senate substitute thereto:

HB 652. By Representatives Triplett of the 128th and Murphy of the 18th:
A bill to amend Code Section 40-6-181 of the Official Code of Georgia Anno tated, relating to maximum motor vehicle speed limits, so as to authorize the commissioner of transportation, in conformity with federal law, to increase certain maximum speed limits.

Representative Foster of the 6th moved that the House reconsider its action in agree ing to the Senate substitute to HB 652.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Alford
Y Alien Y Athon Y Atkins

Y Bailey
Balkcom Y Bannister
Bargeron

Y Barnett,B
Y Barnett.M Beck
Y Benefleld

Y Benn
Y Birdsong Y Bishop Y Bostick

2042

JOURNAL OF THE HOUSE,

Y Branch YBray Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Child* Y Clark,B
Clark,L
Y Colbert Coleman
Y Colwell Y Connell Y Cooper Y Couch YCox
Y Crawford Y Crosby
Y Cummings Y Davis.G Y Davis.M Y Diion YDobbs Y Dover
Dunn

Y Edwards Felton
Y Floyd Y Foster Y Galer Y Godbee Y Goodwin
Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover
Y Hamilton Y Manner Y Harris
Y Hasty YHays Y Heard Y Hensley Y Herbert Y Holcomb
Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson,D Y Johnson.R Y Kilgore

Y Kingston
Y Lane.D Y Lane.R
Langford Y Lawler Y Lawrence Y Lawson YLee
Linder
Long YLord
Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey Y McKinney
Milam Y Milford Y Mobley
Moody Moore Y Morion Mostiler Y Moultrie Mueller Y Oliver Y Orrock Y Padgett Y Pannell Y Parham

On the motion, the ayes were 147, nays 0. The motion prevailed.

Y Parrish
Y Patten Y Peters Y Pettit Y Phillips
Pinkston Pittman Y Porter Y Powell Y Prichard Y Rainey Ramsey.T Y Ramsey.V Y Randall Y Ransom Ray Y Reaves Redding
Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L Y Smith,P
Smith.T

Y Smith.W
Smyre YSnow Y Stancil
Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs Y 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 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, as amended, by the requisite constitutional majority the following Bills of the House:

HB 258. By Representative Richardson of the 52nd:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to revise comprehensively the laws relat ing to speech pathologists and audiologists.

HB 797. By Representatives Lupton of the 25th and Hays of the 1st:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Anno tated, relating to access to and use of governmental and public buildings and facilities by physically handicapped persons, so as to redefine terms; to change provisions relating to standards for buildings and facilities.

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

HB 1016.

By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A bill to provide for the merger and consolidation of the existing Floyd County School System and the existing City of Rome Independent School System into a single county-wide school system.

MONDAY, MARCH 9, 1987

2043

The following Senate amendment was read:

Amend HB 1016 by striking from lines 6 through 58 of page 8, lines 1 through 61 of page 9, and lines 1 through 63 of page 10 the following:
"Education District No. 1
Floyd Tract 6 That part of Block 138 inside the City of Rome Block 142 Blocks 202 and 203 That part of Block 204 inside the City of Rome Blocks 205 through 211 and 219 through 250 Block Groups 3 and 4 Tract 9 Blocks 102 through 104, 115, 149, and 150 Blocks 201 and 203 through 210 Tract 10 Blocks 218 and 219 Tract 15 That part of Block 101 inside the City of Rome Blocks 102 through 144 and 151 Tract 16 Blocks 101 through 131, 134 through 140, and 143 through 149 Blocks 202 through 238 and 246 through 250 Blocks 301 through 312 Those parts of Blocks 313, 317, and 333 inside the City of Rome Tract 17 Blocks 115 through 121
Education District No, 2
Floyd Tract 3 Those parts of Blocks 102 and 106 inside the City of Rome Tract 4 Blocks 150 and 151 Tract 5 Tract 10 Block Group 1 Blocks 203 through 217 and 220 through 225 Tract 11 Tract 12 Block Group 1 Blocks 201 through 220 Those parts of Blocks 221, 223, and 224 inside the City of Rome

2044

JOURNAL OF THE HOUSE,

Blocks 225 and 226 Those parts of Blocks 230 and 232
inside the City of Rome Block 233 That part of Block 234 inside
the City of Rome Block 237 That part of Block 238 inside
the City of Rome Blocks 239 through 242 Tract 13 Blocks 101 through 122 and 134 Blocks 201 and 243
Education District No. 3
Floyd Tract 2 Tract 3 Block 101 That part of Block 102 outside the City of Rome Blocks 103 through 105 That part of Block 106 outside the City of Rome Blocks 107 through 115 Blocks 301 through 309 and 313 through 321 Tract 4 Blocks 101 through 149 and 152
Education District No. 4
Floyd Tract 3 Blocks 201 and 202 Blocks 310 through 312 Tract 12 That part of Block 221 outside the City of Rome Block 222 Those parts of Blocks 223 and 224 outside the City of Rome Blocks 227 through 229 That part of Block 230 outside the City of Rome Block 231 Those parts of Blocks 232 and 234 outside the City of Rome Block 235 That part of Block 238 outside the City of Rome Tract 13 Blocks 123 through 133 Blocks 202, 203, and 205 through 242 Tract 14 Tract 15 That part of Block 101 outside the City of Rome

MONDAY, MARCH 9, 1987

2045

Block 150 Tract 19
Blocks 102, 104 through 109, 112 through 115, 117 through 124, 126, 127, 131 through 134, and 138 through 140
Tract 20 Blocks 101, 102, 114, 115, and 199
Education District No. 5
Floyd Tract 7 Blocks 219 and 223 through 233 Tract 8 Blocks 141 through 150 and 157 Block Group 2 Tract 9 Blocks 101, 105 through 114, 116 through 137, and 139 through 148 Block 202 Tract 17 Blocks 101 through 114 and 132 through 134 Blocks 221 through 232 Block Groups 3 through 5 Tract 20 Blocks 103 through 113, 116 through 142, and 196 through 198 Block Groups 2 and 3
Education District No. 6
Floyd Tract 15 Blocks 145 through 149 Tract 16 Blocks 132, 133, and 150 Blocks 201 and 239 through 245 That part of Block 313 outside the City of Rome Blocks 314 through 316 That part of Block 317 outside the City of Rome Blocks 318 through 327 That part of Block 333 outside the City of Rome Tract 17 Blocks 122 through 131 Blocks 201 through 220, 235 through 240, and 243 Tract 18 Block Groups 1 and 2 Tract 19 Blocks 101, 110, 111, 116, 125, 129, 130, and 141
Education District No. 7
Floyd

2046

JOURNAL OF THE HOUSE,

Tract 1 Tract 6
Blocks 101 through 137 That part of Block 138 outside the
City of Rome Blocks 139 through 141 and 143
through 150 Block 201 That part of Block 204 outside the
City of Rome Blocks 212 through 218 and 251 Tract 7 Blocks 101 through 137 Blocks 201 through 204, 206 through
218, and 220 through 222 Tract 8
Blocks 101 through 140 and 151 through 156",
and inserting in its place the following:
"Education District No. 1
Floyd Tract 6 That part of Block 138 inside the City of Rome Block 142 Blocks 202 and 203 That part of Block 204 inside the City of Rome Blocks 205 through 211 and 219 through 250 Block Groups 3 and 4 Tract 9 Blocks 102 through 104, 115, 149, and 150 Blocks 201 and 203 through 210 Tract 15 Blocks 101 through 144, 150, and 151 Tract 16 Blocks 101 through 131, 134 through 140, and 143 through 149 Blocks 202 through 238 and 246 through 250 Blocks 301 through 312 Those parts of Blocks 313, 317, and 333 inside the City of Rome Tract 17 Blocks 115 through 121
Education District No. 2
Floyd Tracts 10, 12, and 13 Tract 14 Blocks 102 through 112 and 114 through 117
Education District No. 3

MONDAY, MARCH 9, 1987

2047

Floyd Tract 3 That part of Block 102 inside the City of Rome Blocks 105 through 115 Tracts 4, 5, and 11
Education District No. 4
Floyd Tract 2 Blocks 101 through 136 Block Group 2 Blocks 301 through 325 Block Group 4 Tract 3 Block 101 That part of Block 102 outside the City of Rome Blocks 103 and 104 Block Group 2 Blocks 301 through 321 Tract 14 Blocks 101, 113, and 118 through 121 Block Group 2 Blocks 301 through 312 and 316 through 331 Block Groups 4 and 5 Tract 19 Blocks 102, 104 through 109, 112 through 115, 117 through 124, 126, 127, 131 through 134, and 138 through 140 Tract 20 Blocks 101, 102, 114, 115, and 199
Education District No. 5
Floyd Tract 7 Blocks 219 and 223 through 233 Tract 8 Blocks 141 through 150 and 157 Block Group 2 Tract 9 Blocks 101, 105 through 114, 116 through 137, and 139 through 148 Block 202 Tract 17 Blocks 101 through 114 and 132 through 134 Blocks 221 through 232 Block Groups 3 through 5 Tract 20 Blocks 103 through 113, 116 through 142, and 196 through 198 Block Groups 2 and 3

2048

JOURNAL OF THE HOUSE,

Education District No. 6
Floyd Tract 15 Blocks 145 through 149 Tract 16 Blocks 132, 133, and 150 Blocks 201 and 239 through 245 That part of Block 313 outside the City of Rome Blocks 314 through 316 That part of Block 317 outside the City of Rome Blocks 318 through 327 That part of Block 333 outside the City of Rome Tract 17 Blocks 122 through 131 Blocks 201 through 220, 233, 235 through 240, and 243 Tract 18 Block Groups 1 and 2 Tract 19 Blocks 101, 110, 111, 116, 125, 129, 130, and 141
Education District No. 7
Floyd Tract 1 Tract 6 Blocks 101 through 137 That part of Block 138 outside the City of Rome Blocks 139 through 141 and 143 through 150 Block 201 That part of Block 204 outside the City of Rome Blocks 212 through 218 and 251 Tract 7 Blocks 101 through 137 Blocks 201 through 204, 206 through 218, and 220 through 222 Tract 8 Blocks 101 through 140 and 151 through 156".

Representative Childers of the 15th moved that the House agree to the Senate amend ment to HB 1016.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

HB 1033. By Representatives Johnson of the 123rd, Triplett of the 128th, Mueller of the 126th, Alien of the 127th and Hamilton of the 124th:

MONDAY, MARCH 9, 1987

2049

A bill to create the Chatham County Law Enforcement and Jails Study Commission.

The following Senate substitute was read:

A BILL
To create the Chatham County Law Enforcement and Jails Study Commission; to pro vide for the powers and duties of the commission; to provide for the appointment of mem bers to the commission; to provide for meetings; to provide for officers; to provide that the governing authority of Chatham County, sheriff, and police department of Chatham County shall cooperate with and provide certain assistance for the commission; to author ize the expenditure of funds; to provide for reports; to provide for other matters relative to the foregoing; to provide for the repeal of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The General Assembly finds that the sheriff of Chatham County and the Chatham County Police Department perform many vital functions for the citizens of Chatham County, and the composition, organization, and working relationships of these two agencies and the operation of jails within Chatham County are of great importance to those citizens. Because law enforcement is of vital concern to the citizens of Chatham County, the General Assembly further finds that the delivery of law enforcement services by Chatham County should be reviewed in order to determine what actions, if any, are needed to achieve the most effective and efficient delivery of those services.
Section 2. There is created the Chatham County Law Enforcement and Jails Study Commission to be composed of 14 members as follows:
(1) Seven members appointed by the members of the Georgia Senate whose dis tricts lie wholly or partially within Chatham County; and
(2) Seven members appointed by the members of the Georgia House of Repre sentatives whose districts lie wholly or partially within Chatham County.
Section 3. The members of the commission shall hold an organizational meeting at a time and place to be designated by a resolution adopted by a majority vote of the mem bers of the General Assembly whose representative or senatorial districts lie wholly or par tially within Chatham County. At the organizational meeting, the members of the commission shall elect a chairman from its own membership and such other officers as the commission finds necessary or appropriate. Following the organizational meeting, the commission shall meet at the call of the chairman. The commission shall adopt rules of procedure. Members of the commission shall receive no compensation or reimbursement of any kind for performing any duty or function as members of the commission.
Section 4. The governing authority of Chatham County, the sheriff of Chatham County, and the Chatham County Police Department shall:
(1) Cooperate with the commission by furnishing, without charge, reasonable secre tarial and logistical assistance; and
(2) Make available to the commission such records, reports, interviews, and other data as may be required by the commission to carry out its duties and complete its assigned tasks.
Section 5. The commission shall study the working relationship between the office of the sheriff of Chatham County and the Chatham County Police Department and shall consider the feasibility of the merger or other reorganization of the two agencies in order to achieve maximum efficiency and effectiveness in the delivery of law enforcement services by Chatham County and in the operation of county jails. The commission shall be authorized to study any other matters relevant to the effective and efficient delivery of law enforcement services and the operation of jails by agencies of Chatham County. In

2050

JOURNAL OF THE HOUSE,

order to assist the commission in its duties, the governing authority of Chatham County is authorized to appropriate and expend, if necessary, up to $25,000.00 for the purpose of securing professional services for use by the commission. In addition to or as an alternative to such county funding, the commission shall be authorized to accept funding or profes sional assistance from state sources or from any other sources which may be available to the commission. The commission shall make a final report of its findings and recom mendations and shall submit such report to the Chatham County delegation to the Gen eral Assembly of Georgia by December 31, 1987.
Section 6. This Act is repealed in its entirety effective December 31, 1987.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Johnson of the 123rd moved that the House agree to the Senate sub stitute to HB 1033.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

HB 1069.

By Representatives Williams of the 48th, Robinson of the 58th, Richardson of the 52nd, Childs of the 53rd, Waldrep of the 80th and others:
A bill to amend an Act providing for the compensation of certain county offi cers and officials of DeKalb County, so as to change the compensation of the tax commissioner and the provisions relating to the compensation of the tax commissioner.

The following Senate substitute was read:

A BILL
To amend an Act providing for the compensation of certain county officers and offi cials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended by an Act approved March 18, 1980 (Ga. L. 1980, p. 3502), so as to change the compensation of the tax commissioner and the provisions relating to the compensation of the tax commissioner; to delete the provisions relating to the chairman and members of the Board of Commissioners of DeKalb County; to delete the provisions relating to the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended by an Act approved March 18, 1980 (Ga. L. 1980, p. 3502), is amended by striking Section 2 and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. Notwithstanding any other provisions of law to the contrary, the annual salary of each of the officials of DeKalb County listed below shall be the following per centage of the gross salary as defined in Section 1:
(1) Sheriff..........................................................................................................................65% (2) Judge of the Probate Court.....................................................................................80% (3) Clerk of the Superior Court.....................................................................................65% (4) Judge of the Juvenile Court .....................................................................................90% "
Section 2. Said Act is further amended by inserting, following Section 2, a new Section 2.1 to read as follows:
"Section 2.1. Notwithstanding any other provisions of law to the contrary, the annual salary of the tax commissioner shall be 70 percent of the compensation paid from county funds to the chief executive officer of DeKalb County."

MONDAY, MARCH 9, 1987

2051

Section 3. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. Notwithstanding any other provisions of law to the contrary, the annual salary of each of the officials listed below shall be the following percentage of the gross salary as defined in Section 1:
(1) State Court Judge .....................................................................................................90% (2) State Court Solicitor..................................................................................................90%"
Section 4. 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 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Williams of the 48th moved that the House agree to the Senate substi tute to HB 1069.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

HB 1084.

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 to change the composition of and the manner of selection of the members of the board of education of Clayton County, so as to change the compensation of the chairman or president and other members of the board.

The following Senate amendment was read:

Amend HB 1084 by striking line 18 of page 1 in its entirety and substituting in lieu thereof the following:
"'$450.00' and '$400.00', respectively,".
By striking the amount "$250.00" on line 21 of page 1 in its entirety and substituting in lieu thereof the amount "$450.00".
By striking the amount "$200.00" on line 23 of page 1 in its entirety and substituting in lieu thereof the amount "$400.00".

Representative Bailey of the 72nd moved that the House agree to the Senate amend ment to HB 1084.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

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

HB 2. By Representatives McDonald of the 12th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Connell of the 87th and others:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1987, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes pro vided for herein.

2052

JOURNAL OF THE HOUSE,

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 2

The Committee of Conference on HB 2 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 2 be adopted.

Respectfully submitted,

FOR THE SENATE: M TSeernraetlolrA, .44SttharDr istrict
M Joseph E. Kennedy Senator, 4th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Lauren McDonald, Jr. Representative, 12th District
/s/ Larry Waiker Representative, 115th District

/s/ Thomas F. Allgood Senator, 22nd District

/s/ Terry Coleman Representative, 118th District

A BILL

To amend an Act providing appropriations for the State Fiscal Year 1986-1987 known as the "General Appropriations Act", approved April 11, 1986, (Ga. L. 1986, p. 1337), as amended by an Act approved February 24, 1987 (Act No. 46, HB 225), so as to change certain appropriations for the State Fiscal Year 1986-1987; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1.
An Act providing appropriations for the State Fiscal Year 1986-1987, known as the "General Appropriations Act," approved April 11, 1986 (Ga. L. 1986, p. 1337), as amended by an Act approved February 24, 1987 (Act No. 46, HB 225), is amended by inserting at the end of Section 23 the following:
"Provided, however, the Georgia State Financing and Investment Commission and the Georgia Building Authority are authorized to apply $2,000,000 of existing General Obli gation Bond proceeds for renovations, asbestos removal and Central Energy Plant connec tions and modifications in office buildings on Capitol Hill."

Section 2. Said Act is further amended by striking Section 13 in its entirety and inserting a new Section 13 to read as follows:

"Section 13. Department of Administrative
Services.
A. Budget Unit: Department of Administrative Services...........................$
Administration and Services Budget: Personal Services ...........................................................$ Regular Operating Expenses .......................................4 Travel..............................................................................^ Motor Vehicle Purchases ..............................................$ Publications and Printing.............................................$ Equipment Purchases ...................................................$ Computer Charges .........................................................$ Real Estate Rentals ......................................................4

34,549,630
34,769,342 7,033,083
225,500 432,999 161,000 1,322,587 8,142,148 3,076,772

MONDAY, MARCH 9, 1987

2053

Telecommunications......................................................! Per Diem, Fees and Contracts .....................................$ Rents and Maintenance Expense................................$ Utilities............................................................................$ Postage ............................................................................$ Payments to DOAS Fiscal
Administration............................................................! Direct Payments to Georgia
Building Authority for Capital Outlay ............................................................$ Direct Payments to Georgia Building Authority for Operations...................................................................! Telephone Billings.........................................................$ Materials for Resale ......................................................$ Public Safety Officers Indemnity Fund .........................................................$ Health Planning Review Board Operations...................................................................! Georgia Golf Hall of Fame Operations...................................................................! Hazardous Materials Liability Reserve Fund..............................................................$
Authorities Liability Reserve Fund..............................................................$
Total Funds Budgeted..................................................! State Funds Budgeted ..................................................$

625,494 397,500 19,489,244 39,000 252,955
1,960,000
0
507,000 29,768,614 9,913,000
609,000
50,000
30,000
500,000
3,000,000 122,205,238 34,549,630

Department of Administrative Services Functional Budgets

Total Funds

State Funds

State Properties Commission Departmental Administration Treasury and Fiscal
Administration Central Supply
Administration Procurement Administration General Services
Administration Space Management
Administration Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services Total

382,991 2,605,676
12,343,674
9,584,680 2,471,275
577,217
478,752 47,337,926 2,489,048 35,588,052 5,349,250
1,289,717 463,016
1,343,964 122,205,238

382,991 2,605,676
10,383,674
0 2,471,275
0
478,752 12,227,262
0 6,000,000
0 0 0 0 34,549,630

B. Budget Unit: Georgia Building Authority...............................................!
Georgia Building Authority Budget: Personal Services...........................................................! Regular Operating Expenses........................................! Travel...............................................................................! Motor Vehicle Purchases..............................................!

0
15,877,790 3,875,007
12,000 36,000

2054

JOURNAL OF THE HOUSE,

Publications and Printing.............................................$ Equipment Purchases ...................................................$ Computer Charges .........................................................$ Real Estate Rentals .......................................................$ Telecommunications......................................................! Per Diem, Fees and Contracts.....................................$ Capital Outlay................................................................! Utilities............................................................................! Contractual Expenses....................................................! Fuel ..................................................................................$
Facilities Renovations and Repairs.................................................................!
Total Funds Budgeted ..................................................$ State Funds Budgeted..................................................!

50,000 153,280 41,000 42,200 91,916 143,800
230,000
7,382,353 90,000 25,000
5,200,000 33,250,346
0

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Undistributed Total

1,843,816

0

4,400,261

0

4,371,540

0

3,564,008

0

119,267

0

3,600,160

0

9,746,853

0

404,441

0

5,200,000

0

0

0

33,250,346

0"

Section 3. Said Act is further amended by striking Section 19 in its entirety and inserting a new Section 19 to read as follows:

"Section 19. State Board of Education Department of Education.
Budget Unit: Department of Education ...............................................$
Operations: Personal Services ...........................................................$ Regular Operating Expenses........................................! Travel...............................................................................! Motor Vehicle Purchases..............................................! Publications and Printing.............................................! Equipment Purchases ...................................................$ Computer Charges .........................................................$ Real Estate Rentals.......................................................! Telecommunications......................................................! Per Diem, Fees and Contracts.....................................! Utilities............................................................................! Capital Outlay................................................................!
QBE Formula Grants: Kindergarten...................................................................! Grades 1 - 3....................................................................$ Grades 4 - 8....................................................................! Grades 9 - 12..................................................................! High School Laboratories.............................................!

2,012,513,762
33,021,579 3,774,443 1,141,352
115,137 401,894 380,301 7,490,001 2,145,255 617,420 10,127,685 1,020,045 1,030,000
120,621,279 330,888,401 390,033,137 209,108,876 58,367,296

MONDAY, MARCH 9, 1987
Vocational Education Laboratories................................................................!
Special Education ..........................................................$ Gifted...............................................................................! Remedial Education ......................................................$ Staff Development.........................................................! Media...............................................................................! Indirect Cost...................................................................! Pupil Transportation.....................................................! Prepaid Teacher Retirement........................................! Mid-term Adjustment...................................................! Isolated Schools..............................................................! July and August APEG Salaries .................................! Local Fair Share............................................................-!
Other Categorical Grants: Equalization Formula ........................................................$
Grants for Contract Transfer Payments....................................................!
Sparsity Grants..............................................................! Non-QBE Grants:
Education of Children of LowIncome Families.........................................................!
Retirement (H.B. 272 and H.B. 1321).........................................!
Instructional Services for the Handicapped........................................................!
Tuition for the Multi-Handicapped....................................................!
Severely Emotionally Disturbed..................................! School Lunch (Federal)................................................! School Lunch (State)....................................................! Innovative Programs.....................................................!
Supervision and Assessment of Students and Beginning Teachers and PerformanceBased Certification....................................................!
Regional Educational Service Agencies.........................................................!
Georgia Learning Resources System.........................................................................!
High School Program....................................................! High School Program Salaries for
July and August.........................................................!
Special Education in State Institutions.......................................................!
Governor's Scholarships................................................! Special Projects..............................................................! Job Training Partnership Act......................................!
Vocational Research and Curriculum..................................................................!
Adult Education.............................................................! Salaries and Travel of
Public Librarians.......................................................! Public Library Materials..............................................! Talking Book Center.....................................................! Public Library M & O ..................................................$ Hold Harmless Provision for
Special Education ......................................................$

2055
67,642,730 104,393,896 10,417,109 13,383,097
5,967,005 62,040,723 340,262,204 99,064,112 (142,000,000) 13,916,819
886,547 231,951,498 (263,245,650)
84,407,589
0 500,000
92,981,253
1,700,000
19,713,309
1,472,000 26,414,029 121,090,490 20,939,378
548,000
5,116,748
5,445,605
2,112,694 13,012,796
6,265,656
2,603,867 578,000 992,400
2,860,000
366,540 3,634,434
7,926,960 4,133,430
737,570 3,204,525
21,095,913

2056

JOURNAL OF THE HOUSE,

Health Insurance for Non Certificated Personnel...............................................$
Teacher Health Insurance for Retired Teachers........................................................$
Payment of Federal Funds to Postsecondary Vocational Education ....................................................................$
Grants to Local School Systems for Educational Purposes ......................................................................$
Child Care Lunch Program (Federal)......................................................$
Chapter II - Block Grant Flow Through .............................................................$
Preparation of Professionals for Teaching Handicapped.......................................!
Profound Special Education ........................................$ Title II (Math and Science) .........................................$
Asbestos Abatement in Local Schools.............................................................^
Total Funds Budgeted ..................................................$ Indirect DOAS Services
Funding........................................................................$ State Funds Budgeted ..................................................$

21,624,000 7,807,000
11,465,031
78,000,000 14,261,645 9,612,399
67,221 1,572,411
34,247 3,100,000 2,312,361,331
340,000 2,012,513,762

Education Functional Budgets

Total Funds

State Funds

Instructional Services Governor's Honors Program Vocational Education Public Library Services State Administration Administrative Services Planning and Development Professional
Standards Commission Professional
Practices Commission Local Programs Georgia Academy for
the Blind Georgia School for
the Deaf Atlanta Area School
for the Deaf Total

$

7,455,943 $

$

834,740 $

$

5,714,192 $

$

1,960,903 $

$

9,560,375 $

$

9,112,329 $

$

10,732,268 $

$

194,300 $

$

472,836 $

$

2,251,096,219 $

$

4,011,642 $

$

6,185,911 $

$

5.029,673 $

$

2,312,361,331 $

4,433,637 808,440
2,533,653 960,839
8,312,570 5,702,655 9,621,695
194,300
472,836 1,965,185,093
3,651,836
5,920,266
4,715,942 2,012,513,762"

Section 4. Said Act is further amended by striking Section 47 in its entirety and inserting a new Section 47 to read as follows:

"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

257,516,432

MONDAY, MARCH 9, 1987

2057

General Obligation Debt Sinking Fund (New).........

43,821,000"

Section 5.

Said Act is further amended by striking Subsection B of Section 38, relating to the

Regents, University System of Georgia, in its entirety and inserting in lieu thereof a new

Subsection B to read as follows:

"B. Budget Unit: Regents Central Office

and Other Organized

Activities .............................................$

122,975,203

Regents Central Office and Other

Organized Activities Budget:

Regular Personal Services.......................................$

162,708,899

Sponsored Personal Services..................................!

49,528,203

Regular Operating Expenses ..................................$

69,089,258

Sponsored Operating Expenses..............................$

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

Talmadge Hospital

Capital Outlay ......................................................$

0

Agricultural Experiment

Station Equipment...............................................!

200,000

SREB Payments.......................................................!

6,181,600

Medical Scholarships...............................................!

611,750

Regents Opportunity Grants..................................!

600,000

Regents Scholarships...............................................!

200,000

Payments to Georgia

Military College....................................................!

608,124

Total Funds Budgeted ............................................$

320,565,395

Departmental Income..............................................!

1,932,626

Sponsored Income....................................................!

71,843,165

Other Funds..............................................................!

123,258,701

Indirect DOAS Services Funding..........................!

555,700

State Funds Budgeted.............................................!

122,975,203

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

Marine Resources Extension Center
Skidaway Institute of Oceanography
Marine Institute Georgia Tech
Research Institute Engineering Extension
Division

1,524,638 !
3,024,223 ! 1,517,798 !
82,081,924 !
3,611,087 !

1,000,788
1,306,423 769,450
9,934,160
1,808,387

2058

JOURNAL OF THE HOUSE,

Agricultural Experiment Station
Cooperative Extension Service
Eugene Talmadge Memorial Hospital
Veterinary Medicine Experiment Station
Veterinary Medicine Teaching Hospital
Joint Board of Family Practice
Georgia Radiation Therapy Center
Athens and Tifton Veterinary Laboratories
Regents Central Office Undistributed Total

$

45,027,672 $

$

43,720,465 $

$

113,568,545 $

$

2,688,501 $

$

2,136,034 $

$

5,447,570 $

$

1,417,911 $

$

2,000,535 $

$

12,798,492 $

$

0$

$

320,565,395 $

29,077,027
28,526,098
29,150,861
2,688,501
414,446
5,447,570
0
53,000 12,798,492
0 122,975,203"

Section 6. Said Act is further amended by striking from Section 50, relating to the Superior Courts, the final clause in said section, and by substituting in lieu thereof the following final clause: "provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit judges with fewer than ten years of experience to attend the Judicial College."

Section 7. Said Act is further amended by striking from the first line in Section 88 the figure $3,050,547 and by substituting in lieu thereof the figure $1,782,817, so that said first line shall now read: "Employee Termination Fund ................................................................................$ 1,782,817"

Section 8. Said Act is further amended by adding at the end of Section 60, relating to the Depart ment of Human Resources, the following: "Provided that Central State Hospital is authorized to utilize up to $50,000 of agency funds to complete the wood energy steam plant ash collector system."

Section 9. Said Act is further amended by striking the second paragraph from Section 66, relating to the Department of Corrections, and by substituting a new second paragraph to read as follows: "The Department of Corrections is authorized to utilize up to $200,000 of available sur plus for land acquisition for a prison in Telfair County."

Section 10. Said Act is further amended by striking Section 89, relating to the State of Georgia Gen eral Obligation Debt Sinking Fund in its entirety, and inserting in lieu thereof a new Section 89 to read as follows:

"Section 89. 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, $2,293,100 is specifically appropriated for the purpose of financing a hotel, conference center and related facilities for the Stone Mountain Memorial Association by means of the acquisition, construction, development, extension, enlargement

MONDAY, MARCH 9, 1987

2059

and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $23,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,244,300 is specifically appropriated for the purpose of financing a prison for the Department of Corrections by means of the acquisition, con struction, development, extension, enlargement and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $23,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,403,200 is specifically appropriated for the purpose of financing incarceration facilities for the Department of Corrections by means of the acqui sition, construction, development, extension, enlargement and improvement of land, prop erty, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,380,000 in prin cipal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,390,700 is specifically appropriated for the purpose of financing research and teaching facilities for the Board of Regents by means of the acqui sition, construction, development, extension, enlargement and improvement of land, prop erty, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $24,500,000 in prin cipal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,878,400 is specifically appropriated for the purpose of financing an office building for the Department of Labor by means of the acquisition, con struction, development, extension, enlargement and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $19,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,062,000 is specifically appropriated for the purpose of financing an office building for the Department of Labor by means of the acquisition, con struction, development, extension, enlargement and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $419,600 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improve ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, of and for the Department 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 issuance of not more than $4,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $667,000 is specifically appropriated for the purpose of financing design and construction of parking facilities in Atlanta, Georgia, for the Georgia Building Authority by means of the acquisition, construction, development, extension,

2060

JOURNAL OF THE HOUSE,

enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,830,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $866,100 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 the acqui sition, construction, development, extension, enlargement and improvement of land, prop erty, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,675,000 in prin cipal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,084,100 is specifically appropriated for the purpose of financing a water park and tennis facilities for the Jekyll Island State Parks Authority by means of the acquisition, construction, development, extension, enlargement and improve ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $4,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $161,500 is specifically appropriated for the purpose of financing a cattle farm for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,655,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $18,239,800 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 and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $77,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,649,600 is specifically appropriated for the purpose of
financing the expansion of the Central Energy Facility at the State Capitol for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and
facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt, the
instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General
Obligation Debt Sinking Fund, $2,371,900 is specifically appropriated for the purpose of
financing a program of improvement and development of State parks for the Department of Natural Resources by means of the acquisition, construction, development, extension,
enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the
issuance of not more than $10,065,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,095,500 is specifically appropriated for the purpose of financing public library facilities for county and independent school systems, counties,

MONDAY, MARCH 9, 1987

2061

municipalities, and boards of trustees of public library systems by means of the acquisi tion, construction, development, extension, enlargement and improvement of land, prop erty, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $11,225,000 in prin cipal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $900,000 is specifically appropriated for the purpose of financing public library facilities for county and independent school systems, counties, municipalities, and boards of trustees of public library systems by means of the acquisi tion, construction, development, extension, enlargement and improvement of land, prop erty, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,000,000 in prin cipal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,000,000 is specifically appropriated for the purpose of financing a prison for the Department of Corrections by means of the acquisition, con struction, development, extension, enlargement and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $620,000 is specifically appropriated for the purpose of financing renovations and improvements of office buildings and warehouse facilities of the Georgia Building Authority by means of the acquisition, construction, development, exten sion, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $621,500 is specifically appropriated for the purpose of financing incarceration facilities and related structures for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,215,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $52,500 is specifically appropriated for the purpose of financing teaching facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $525,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $150,000 is specifically appropriated for the purpose of financing improvements at the Atlanta Farmers Market for the Georgia Building Authority (Markets) by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $334,000 is specifically appropriated for the purpose of

2062

JOURNAL OF THE HOUSE,

financing the construction and equipping of a food service facility at Gracewood State School and Hospital for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,340,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $80,000 is specifically appropriated for the purpose of financing the construction and equipping of detention facilities at the Augusta Youth Development Center for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $225,000 is specifically appropriated for the purpose of financing the construction and equipping of a nursing facility for the Georgia Department of Veterans Service by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Section 11. Said Act is further amended by adding at the end of Section 83 the following: "(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the adminis tration of the annual operating budget."
Section 12. Said Act is further amended by striking Section 91, relating to the Total State Appro priations, in its entirety and by substituting in lieu thereof a new Section 91, to read as follows:
"Section 91. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1987......................................................................................... $ 5,412,773,000"
Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 14. 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 2.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Adams.G Y Adams.M Y Aiken
Y Alford Y Alien Y Athon Y Atkins

Y Bailey
Y Balkcom Y Bannister Y Bargeron
Barnett,B Y Barnett,M Y Beck Y Benefield

Benn
Y Birdsong Y Bishop Y Bostick
Y Branch Y Bray Y Brooks Y Brown

Y Buck
Y Buford Y Byrd Y Carrell
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

MONDAY, MARCH 9, 1987

Y Cooper Y Couch YCox Y Crawford Y Crosby Y Cummings
Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover
Y Hamilton Hanner
Y Harris

Y Hasty YHays Y Heard Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane.R
Langford Y Lawler Y Lawrence Y Lawson
YLee Y Under
Long YLord Y Lucas

Y Lupton Y Mangum Y Martin
Y McDonald Y McKelvey Y McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton
Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter

Y Powell
Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
YRay Y Reaves
Y Redding Y Richardson Y Ricketson
Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smith, W
Smyre YSnow Y Stancil

On the motion, the ayes were 166, nays 0. The motion prevailed.

2063
Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J
Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy.Spkr

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

HR 341. By Representatives Moore of the 139th, Childers of the 15th, Athon of the 57th and Dover of the llth:
A resolution urging the State Board of Postsecondary Vocational Education to develop and implement a program of vocational training for personnel of long-term care facilities.

Representative Coleman of the 118th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 28 Do Pass, by Substitute SB 209 Do Pass
Respectfully submitted, /a/ Coleman of the 118th
Chairman

The following Resolutions of the House were read and adopted:

HR 415. By Representatives Ramsey of the 155th and Smith of the 156th: A resolution commending Reverend J. F. Mann.

2064

JOURNAL OF THE HOUSE,

HR 421. By Representatives Mueller of the 126th, Buford of the 103rd, Groover of the 99th, Randall of the 101st, Pinkston of the 100th and Lucas of the 102nd:
A resolution commending Robert LeLorual Dickens and Faye Tanner Dickens on the occasion of their fiftieth wedding anniversary.

HR 422. By Representative Ray of the 98th: A resolution commending Helen Rhea Coppedge.

HR 423. By Representatives Goodwin of the 63rd, Bannister of the 62nd, Pittman of the 60th, Wall of the 61st and Barnett of the 59th:
A resolution commending the Gwinnett County Republican Party and its chairman, John Gibb.

HR 424. By Representative Oliver of the 121st: A resolution commending Rufus L. Akins, Jr.

HR 425. By Representatives Wood of the 9th, Jackson of the 9th and Lawson of the 9th:
A resolution commending Mr. John L. Cromartie, Jr.

HR 426. By Representatives Wood of the 9th, Jackson of the 9th and Lawson of the 9th:
A resolution commending Mrs. Naomi Skaggs.

HR 427. By Representatives Dover of the llth and Jamieson of the llth: A resolution in memory of Frank Winslow DeLoach.

HR 428. By Representatives Benn of the 38th and Sinkfield of the 37th: A resolution commending the Georgia Nurses Foundation, Inc.

HR 429. By Representative Dixon of the 151st: A resolution commending Elmo James.

HR 430. By Representative Bailey of the 72nd: A resolution commending the Original Fish King Restaurant.

HR 431. By Representative Bailey of the 72nd: A resolution commending the Trinity United Church.

HR 432. By Representative Bailey of the 72nd: A resolution commending Ms. Kathy Rust Hill.

HR 433. By Representative Bailey of the 72nd: A resolution commending Ray Harshbarger.

MONDAY, MARCH 9, 1987

2065

HR 434. By Representative Bailey of the 72nd: A resolution commending Denise Schon King.

HR 435. By Representative Bailey of the 72nd:
A resolution commending the Riverdale Senior High Angel Flight rifle drill team.

HR 436. By Representative Bailey of the 72nd: A resolution commending and congratulating Reverend Hershel Turner.

HR 437. By Representative Bailey of the 72nd:
A resolution commending Shirley Anne Chandler and her daughter, Gina Marie Ratcliffe.

HR 438. By Representative Bailey of the 72nd: A resolution congratulating Edith and Pope Dickson.

HR 439. By Representative Bailey of the 72nd: A resolution commending the Clayton County Fire Department.

HR 440. By Representatives Jackson of the 9th, Coleman of the 118th, Porter of the 119th, Barnett of the 10th, Harris of the 84th and others:
A resolution congratulating and commending the Georgia Automobile Dealers Association.

HR 441. By Representative Bailey of the 72nd: A resolution commending Dr. David Cook.

HR 442. By Representative Shepard of the 71st: A resolution commending John Tom Keeble.

HR 443. By Representative Shepard of the 71st: A resolution commending H. Richard Smith.

HR 444. By Representative Townsend of the 24th: A resolution expressing regret at the passing of J. Erskine Love, Jr.

HR 445. By Representatives Stephens of the 68th, Thurmond of the 67th, Adams of the 79th, Buck of the 95th, Murphy of the 18th and Walker of the 115th:
A resolution commending Julius F. Bishop.

HR 446. By Representatives Bishop of the 94th, Robinson of the 96th, Galer of the 97th, Buck of the 95th, Smyre of the 92nd and Moultrie of the 93rd:
A resolution recognizing and commending Mrs. Ocie M. Harris and the House of Mercy.

2066

JOURNAL OF THE HOUSE,

HR 447. By Representatives Bishop of the 94th, Robinson of the 96th, Galer of the 97th, Buck of the 95th, Smyre of the 92nd and Moultrie of the 93rd:
A resolution commending Mr. Gordon Kitchen.

HR 448. By Representatives Bishop of the 94th, Galer of the 97th, Robinson of the 96th, Buck of the 95th, Smyre of the 92nd and Moultrie of the 93rd:
A resolution commending Mr. Benny Parker.

HR 449. By Representatives Hamilton of the 124th, Kingston of the 125th, Triplett of the 128th and Pannell of the 122nd:
A resolution commending Leonard Lemay.

HR 450. By Representatives Randall of the 101st, Lucas of the 102nd, Davis of the 29th, Murphy of the 18th, Benn of the 38th and others:
A resolution commending Alveda King Beal on the production of Images.

HR 451. By Representative Bailey of the 72nd: A resolution commending Clayton County Fire Chief William Guice.

HR 452. By Representative Bailey of the 72nd:
A resolution commending the Association on Battered Women of the Clayton County, Inc.

HR 453. By Representative Birdsong of the 104th: A resolution commending George E. Seaton.

HR 454. By Representatives Buck of the 95th, Murphy of the 18th, Lee of the 72nd, Groover of the 99th, Walker of the 115th and others:
A resolution commending Preston Milo Collins.

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

SB 390. By Senators Peevy of the 48th and Phillips of the 9th:
A bill to amend an Act incorporating the City of Snellville, as amended, so as to deannex and exclude certain property from the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 392. By Senator Echols of the 6th:
A bill to consolidate the offices of tax receiver and tax collector of Pierce County into the office of tax commissioner of Pierce County; to provide for the oath, rights, duties, and liabilities of said office; to provide for the elec tion of the tax commissioner; to provide for terms of office; to provide for the method of filling vacancies.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, MARCH 9, 1987

2067

SR 184. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A resolution creating the Special Study Committee on the Problems of the Homeless in Georgia.
Referred to the Committee on Rules.

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

HB 226. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others:
A bill to make and provide appropriations for the state fiscal year beginning July 1, 1987, and ending June 30, 1988.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 226

The Committee of Conference on HB 226 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 226 be adopted.

FOR THE SENATE:
/s/ Terrell A. Starr Senator, 44th District
/s/ Joseph E. Kennedy Senator, 4th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Lauren McDonald, Jr. Representative, 12th District
/s/ Larry Walker Representative, 115th District

1st Thomas F. Allgood Senator, 22nd District

/s/ Terry Coleman Representative, 118th District

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 1987, and ending June 30, 1988; 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, 1987, and ending June 30, 1988, 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 $5,772,000,000 for State Fiscal
Year 1988.

PART I. LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: Legislative Branch.........................................................$

20,439,128

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JOURNAL OF THE HOUSE,

Personal Services - Staff ................................................................$ Personal Services - Elected
Officials.........................................................................................! Regular Operating Expenses .........................................................$ Travel-Staff ...................................................................................$ Travel - Elected Officials...............................................................! Motor Vehicle Purchases...............................................................! Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts -
Staff...............................................................................................! Per Diem, Fees and Contracts -
Elected Officials...........................................................................! Postage..............................................................................................! Photography.....................................................................................! Expense Reimbursement Account................................................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

9,290,054
3,487,847 1,363,890
118,800 6,000 0
468,150 437,000 428,000 68,864 643,000
224,599
2,557,424 141,700 71,000
1,132,800 0
20,439,128 20,439,128

Senate Functional Budgets

Total Funds

State Funds

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

!

3,856,269

!

482,534

!

1,031,466

!

5,370,269

3,856,269 482,534
1,031,466 5,370,269

House Functional Budgets

Total Funds

State Funds

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

!

8,149,028

!

310,081

!

1,060,042

!

9,519,151

8,149,028
310,081 1,060,042 9,519,151

Joint Functional Budgets

Total Funds

State Funds

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

!

1,988,618

!

1,513,742

!

841,686

!

1,205,662

!

5,549,708

1,988,618 1,513,742
841,686 1,205,662 5,549,708

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 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

MONDAY, MARCH 9, 1987

2069

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 space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, con sider the most efficient and functional building designs used for office space and related
activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling,
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, print
ing, services and other expenses of the Legislative Branch of Government; and for pay ments to Presidential Electors. The provisions of any other law to the contrary
notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no
such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which payments are made from
funds appropriated to the Legislative Branch of Government with a view towards deter mining which are legitimate legislative expenses and which should be paid for from other appropriations.

Section 2. Department of Audits. Budget Unit: Department of Audits...................................................$ Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Per Diem, Fees and Contracts ......................................................$ Real Estate Rentals ........................................................................$ Computer Charges...........................................................................! Telecommunications.......................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

11,917,096
10,023,924 332,100 660,000 121,446 28,700 53,500 81,000 366,857 213,700 35,869
11,917,096 11,917,096

PART II. JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court ........................................................$

3,654,950

Section 4. Court of Appeals. Budget Unit: Court of Appeals.....................................................!

4,075,070

Section 5. Superior Courts. Budget Unit: Superior Courts .............................................................$
Operation of the Courts .................................................................$ Prosecuting Attorneys' Council.....................................................! Sentence Review Panel ..................................................................$

33,298,469 31,691,205
667,787
117,789

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JOURNAL OF THE HOUSE,

Council of Superior Court Judges....................................................................................! Judicial Administrative Districts............................................................................................! Habeas Corpus Clerk......................................................................$
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts........................................................$
Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute of Continuing Judicial Education ..................................................$
Institute's Operations.....................................................................! Georgia Magistrate Courts Training Council..............................................................................!
Section 8. Judicial Council. Budget Unit: Judicial Council.............................................................!
Council Operations..........................................................................! Payments to Judicial
Administrative Districts for Case Counting..............................................................................! Board of Court Reporting..............................................................!
Section 9. Judicial Qualifications Commission.
Budget Unit: Judicial Qualifications Commission.......................................................!
Section 10. Council of Magistrate Court Judges.
Budget Unit: Council of Magistrate Court Judges............................................................!
Section 11. Council of Probate Court Judges.
Budget Unit: Council of Probate Court Judges............................................................!
Section 12. Council of State Court Judges.
Budget Unit: Council of State Court Judges.......................................................................!
PART III. EXECUTIVE BRANCH
Section 13. Department of Administrative Services.
A. Budget Unit: Department of Administrative Services...................................!
Administration and Services Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................!

71,399 735,289
15,000 277,268
467,268 376,250 91,018 725,175 629,565
70,500 25,110
106,000
20,000
20,000
9,500
38,427,229 37,626,628 7,466,219
248,000 299,500 153,000 1,876,285 8,332,700

MONDAY, MARCH 9, 1987

2071

Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Rents and Maintenance Expense .................................................$ Utilities .............................................................................................$ Postage..............................................................................................! Payments to DOAS Fiscal
Administration.............................................................................$ Direct Payments to Georgia
Building Authority for Capital Outlay..............................................................................$ Direct Payments to Georgia Building Authority for Operations ....................................................................................$ Telephone Billings ..........................................................................$ Materials for Resale........................................................................! Public Safety Officers Indemnity Fund...........................................................................$ Health Planning Review Board Operations....................................................................................! Georgia Golf Hall of Fame Operations ....................................................................................$ Authorities Liability Reserve Fund ...............................................................................$ Grants to Counties and Municipalities..............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

3,242,583 619,960 405,700
16,356,200 31,100 268,000
1,959,300
0
0 29,750,000 10,032,800
608,800
50,000
30,000
0
6,800,000 126,156,775 38,427,229

Department of Administrative Services Functional Budgets

Total Funds

State Funds

State Properties Commission Departmental Administration Treasury and Fiscal
Administration Central Supply
Administration Procurement Administration General Services
Administration Space Management
Administration Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services Total

352,751 2,340,811
16,288,904
10,465,714 2,535,892
611,621
506,856 46,128,814 2,613,870 35,996,681 4,984,741
1,328,550 510,075
1,491,495 126,156,775

352,751 2,270,966
14,329,604
0 2,492,052
0
506,856 12,775,000
0 5,700,000
0 0 0 0 38,427,229

B. Budget Unit: Georgia Building Authority.....................
Georgia Building Authority Budget: Personal Services................................ Regular Operating Expenses............ Travel...................................................

0
18,187,542 4,355,200
14,600

2072

JOURNAL OF THE HOUSE,

Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay .................................................................................$ Utilities.............................................................................................! Contractual Expenses.....................................................................! Fuel....................................................................................................! Facilities Renovations and Repairs......................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted ....................................................................$

30,000 55,500 271,100 70,000 8,500 105,400 152,800 740,000 7,680,100 249,000 40,000
0 31,959,742
0

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Hazardous Materials Agency Undistributed Total

$

1,983,265

$

0

$

4,613,084

$

0

$

4,808,318

$

0

!

4,637,825

$

0

!

191,236

!

0

!

3,980,929

$

0

!

10,843,088

$

0

!

667,997

$

0

$

0

$

0

$

234,000

$

0

$

0

!

0

$

31,959,742

$

0

Section 14. Department of Agriculture A. Budget Unit: Department of
Agriculture.........................................................! State Operations Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................!
Market Bulletin Postage ................................................................$ Payments to Athens and Tifton
Veterinary Laboratories .............................................................$ Poultry Veterinary Diagnostic
Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro.....................................................................................! Veterinary Fees................................................................................! Indemnities.......................................................................................! Bee Indemnities...............................................................................! Advertising Contract.......................................................................!

31,934,965
27,109,849 2,386,656
877,000 649,875 684,000 524,593 450,657 730,920 380,099 432,136 600,000
2,037,160
1,521,603 547,000 91,000 75,000 155,000

MONDAY, MARCH 9, 1987

2073

Payments to Georgia Agrirama Development Authority for Operations and Capital Outlay.
Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets.....................
Capital Outlay................................. Contract - Federation of
Southern Cooperatives................ Tick Control Program .................... Poultry Indemnities........................ Total Funds Budgeted.................... State Funds Budgeted....................

420,000
465,000 30,000
60,000 50,000 100,000 40,377,548 31,934,965

Department of Agriculture Functional Budgets

Total Funds

State Funds

Plant Industry Animal Industry Marketing General Field Forces Internal Administration Information and Education Fuel and Measures Consumer Protection
Field Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total

$

3,890,349

6,490,888

2,017,537

3,296,645

4,251,074

1,384,652

2,702,665

5,723,573 4,142,024 4,229,183
323,685 1,925,273 40,377,548

3,448,256 6,119,328 2,011,490 3,296,645 4,178,132 1,384,652 2,695,665
4,510,116 1,715,476
755,235 0
1,819,970 31,934,965

B. Budget Unit: Georgia Agrirama Development Authority...,
Georgia Agrirama Development Authority Budget: Personal Services....................................... Regular Operating Expenses................... Travel........................................................... Motor Vehicle Purchases......................... Publications and Printing........................ Equipment Purchases............................... Computer Charges..................................... Real Estate Rentals.................................. Telecommunications ................................. Per Diem, Fees and Contracts ................ Capital Outlay........................................... Goods for Resale ....................................... Total Funds Budgeted.............................. State Funds Budgeted..............................

498,560 118,000
7,500 0
17,300 4,923
0 0 7,400 29,000 0 79,662 762,345 0

Section 15. Department of Banking and Finance.
Budget Unit: Department of Banking and Finance .......................
Administration and Examination Budget: Personal Services.......................................

5,328,257 4,390,709

2074

JOURNAL OF THE HOUSE,

Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted...................................................................-! State Funds Budgeted....................................................................!

206,000 321,198 40,000
13,000 15,900 128,950 175,500 35,000 2,000 5,328,257 5,328,257

Section 16. Department of Community Affairs.
A. Budget Unit: Department of Community Affairs...........................................!
State Operations Budget: Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Capital Felony Expenses................................................................! Contracts with Area Planning
and Development Commissions................................................! Local Assistance Grants.................................................................$ Appalachian Regional Commission
Assessment...................................................................................! Community Development Block
Grants (Federal) ..........................................................................$ Juvenile Justice
Grants (Federal)..........................................................................! Grant - Richmond County.............................................................! Economic Development Grants.....................................................! Payment to Georgia Environmental
Facilities Authority .....................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

7,829,342
4,651,566 144,474 184,514 7,500 95,850 18,789 26,600 364,068 59,503 103,680 50,000
1,400,000 968,500
139,000
30,000,000
1,000,000 0
770,000
384,844 40,368,888 7,829,342

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Executive and Administrative Technical Assistance Community and Economic
Development Intergovernmental Assistance Total

3,785,126 2,494,964
32,947,474 1,141,324 40,368,888

3,728,126 1,247,407
1,882,520 971,289
7,829,342

Section 17. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation........................ Personal Services............................................

258,125,381 186,170,055

MONDAY, MARCH 9, 1987

2075

Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay .................................................................................$ Utilities.............................................................................................! Court Costs.......................................................................................! County Subsidy .............................................................................,,! County Subsidy for Jails................................................................! County Workcamp Construction
Grants............................................................................................! Grants for Local Jails.....................................................................! Central Repair Fund.......................................................................! Payments to Central State
Hospital for Meals.......................................................................! Payments to Central State
Hospital for Utilities...................................................................! Payments to Public Safety
for Meals......................................................................................-! Inmate Release Fund......................................................................! Health Services Purchases.............................................................! Payments to MAG for Health
Care Certification........................................................................! University of Georgia -
Cooperative Extension Service Contracts.........................................................................! Minor Construction Fund..............................................................! Authority Lease Rentals................................................................! Grant to Richmond County...........................................................! Total Funds Budgeted....................................................................! Indirect DOAS Funding.................................................................! Georgia Correctional Industries....................................................! State Funds Budgeted....................................................................!

21,661,157 1,238,761
865,000 284,000 3,634,462 920,588 2,800,914 2,040,750 1,503,437 2,067,000 8,346,400 350,000 9,855,000 368,438
2,000,000 600,000 600,000
2,942,150
1,495,480
300,000 950,000 13,277,568
47,749
262,900 0 0
20,000
264,601,809 450,000 0
258,125,381

Departmental Functional Budgets

Total Funds

State Funds

General Administration Adult Facilities and
Programs Training Georgia Training and
Development Center Georgia Industrial Institute Georgia Diagnostic and
Evaluation Center Georgia State Prison Consolidated Branches Middle Georgia
Correctional Institution Jack T. Rutledge
Correctional Institution

11,729,081
18,255,733 1,582,568
1,720,286 8,657,863
9,806,734 18,517,481 15,354,439
22,884,975
3,689,440

!

11,279,081

!

18,042,233

!

1,538,024

1,720,286 8,657,863

9,806,734 18,517,481 15,274,439

22,884,975

3,689,440

2076

JOURNAL OF THE HOUSE,

Central Correctional Institution
Metro Correctional Institution
Coastal Correctional Institution
Central Funds D.O.T Work Details Food Services Farm Services Dodge
Correctional Institution Transitional Centers Augusta Correctional and
Medical Institution Health Care Rogers
Correctional Institution Burruss Correctional and
Training Facility Rehabilitation Programs Federal Grants Probation Administration Probation Field Services Probation Diversion and
Detention Centers Total

3,312,516
4,280,356
4,585,287 9,396,087
769,384 14,245,088 6,113,756
3,460,379 4,058,230
6,399,752 24,600,735
4,175,706
3,375,468 17,856,409
0 855,489 36,609,136
8,309,431 264,601,809

B. Budget Unit: Board of Pardons and Paroles................................................................$
Board of Pardons and Paroles Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! County Jail Subsidy........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

Section 18. Department of Defense. Budget Unit: Department of Defense..........................................! Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................!

3,312,516
4,280,356
4,585,287 9,396,087
0 13,567,088 6,113,756
3,460,379 4,058,230
6,399,752 24,600,735
4,175,706
3,375,468 17,856,409
0 855,489 33,209,136
7,468,431 258,125,381
18,170,715
14,884,561 411,183 438,100 117,000 51,000 218,269 168,000
1,063,090 376,500 96,000 347,012
18,170,715 18,170,715
4,367,476
7,025,543 1,791,719
67,650 50,000 43,050 79,300 9,350 8,200 81,480 164,600

MONDAY, MARCH 9, 1987

2077

Utilities .............................................................................................$ Grants to Locals -
Emergency Management Assistance.....................................................................................! Grants - Others................................................................................$ Georgia Military Institute Grant .............................................................................................$ Civil Air Patrol Contract ...............................................................$ Capital Outlay .................................................................................$ Grants to Armories .........................................................................$ Repairs and Renovations ...............................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

1,683,378
1,420,000 42,000
18,000 42,000
0 535,000 75,000 13,136,270 4,367,476

Department of Defense Functional Budgets

Total Funds

State Funds

Office of the Adjutant General
Georgia Emergency Management Agency
Georgia Air National Guard Georgia Army National Guard Total

2,649,542
1,877,800 3,233,115 5,375,813 13,136,270

1,142,310
885,989 442,999 1,896,178 4,367,476

Section 19. State Board of Education Department of Education.
Budget Unit: Department of Education...........................................................!
Operations: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Utilities.............................................................................................! Capital Outlay.................................................................................!
QBE Formula Grants: Kindergarten/Grades 1 - 3.............................................................! Grades 4 - 8......................................................................................$ Grades 9 - 12....................................................................................! High School Laboratories ..............................................................$ Vocational Education Laboratories.................................................................................! Special Education............................................................................! Gifted................................................................................................! Remedial Education........................................................................! Staff Development..........................................................................! Professional Development..............................................................! Media................................................................................................! Indirect Cost....................................................................................! Pupil Transportation......................................................................! Isolated Schools...............................................................................!

2,199,029,592
36,543,998 3,186,483 1,123,335
80,000 497,012 290,968 6,902,150 2,203,582 615,382 10,489,631 991,165
0
561,478,619 474,980,446 245,181,747 69,575,612
81,377,370 152,778,774 16,598,395 22,031,977
7,395,825 23,027,563 77,930,205 418,531,761 101,065,399
936,193

2078

JOURNAL OF THE HOUSE,

Local Fair Share..............................................................................! Other Categorical Grants:
Equalization Formula.....................................................................$ Sparsity Grants................................................................................$ In School Suspension......................................................................$ Special Instructional Assistance ...................................................$ Middle School Incentive ................................................................$ Special Education Low -
Incidence Grants..........................................................................$ Non-QBE Grants:
Education of Children of LowIncome Families...........................................................................$
Retirement (H.B. 272 and H.B. 1321) ..........................................................$
Instructional Services for the Handicapped .........................................................................$
Tuition for the Multi-Handicapped.....................................................................!
Severely Emotionally Disturbed ...................................................$ School Lunch (Federal)..................................................................$ School Lunch (State)......................................................................$ Supervision and Assessment of
Students and Beginning Teachers and PerformanceBased Certification......................................................................! Regional Educational Service Agencies ..........................................................................$ Georgia Learning Resources System...........................................................................................$ High School Program .....................................................................$ Special Education in State Institutions.........................................................................! Governor's Scholarships.................................................................! Special Projects ...............................................................................$ Joh Training Partnership Act .......................................................$
Vocational Research and Curriculum....................................................................................!
Adult Education ..............................................................................$ Salaries and Travel of
Public Librarians.........................................................................! Public Library Materials................................................................! Talking Book Centers.....................................................................! Public Library M & 0....................................................................! Health Insurance for Non -
Certificated Personnel ................................................................$ Health Insurance for
Retired Teachers .........................................................................$ Grants to Local School
Systems for Educational
Purposes........................................................................................! Child Care Lunch
Program (Federal).......................................................................! Chapter II - Block Grant
Flow Through...............................................................................! Payment of Federal Funds to
Postsecondary Vocational Education......................................................................................!

(381,072,432)
101,896,110 400,000 0
1,000,000 3,000,000
100,000
78,364,380
1,700,000
20,531,560
1,472,000 27,816,083 121,090,490 21,502,822
5,340,238
5,813,142
1,984,022 12,267,566
2,581,128 913,920
1,044,000 2,860,000
366,540 4,230,276
8,539,061 4,424,861
746,975 3,497,926
0
0
78,000,000
14,261,645
8,702,655
10,440,540

MONDAY, MARCH 9, 1987

2079

Program for the Handicapped 0 to 2 years old.......................
Innovative Programs.................. Technology Grants..................... Limited English - Speaking
Students Program.................. Total Funds Budgeted............... Indirect DOAS Services
Funding.................................... State Funds Budgeted...............

0 548,000 500,000
250,000 2,480,927,100
340,000 2,199,029,592

Education Functional Budgets

Total Funds

State Funds

Instructional Services Governor's Honors Program Vocational Education Public Library Services State Administration Administrative Services Planning and Development Professional
Standards Commission Professional
Practices Commission Local Programs Georgia Academy for
the Blind Georgia School for the Deaf Atlanta Area School
for the Deaf Total

$

7,617,716

$

859,671

$

5,679,353

$

1,902,790

$

9,668,045

$

9,766,101

$

12,053,728

$

224,831

$

494,176

$ 2,418,003,394

$

4,015,819

$

6,553,202

!

4,088.274

$ 2,480,927,100

$

4,730,821

$

844,671

$

2,445,567

$

844,683

$

8,501,937

$

6,412,068

$

10,872,812

224,831

494,176 2,149,600,527

3,873,335 6,372,735

3,811,429 2,199,029,592

Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement
System................................................................$ Employees' Retirement System Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Postage..............................................................................................! Benefits to Retirees ........................................................................$ Employer Contribution ..................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

0
885,753 11,300 7,500 0
23,000
5,100 259,000 115,706 26,500 583,200 67,500
0 0 1,984,559 0

Section 21. Forestry Commission. Budget Unit: Forestry Commission..............................................!
State Operations Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$

32,167,480
24,986,730 5,652,973

2080

JOURNAL OF THE HOUSE,

Travel................................................................................................* Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................$ Equipment Purchases.....................................................................$ Computer Charges.....................................................,.....................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Contractual Research......................................................................$ Payments to the University of
Georgia, School of Forestry for Forest Research.....................................................................$ Ware County Grant for Southern Forest World ................................................................................$ Ware County Grant for Road Maintenance .................................................................................$ Wood Energy Program...................................................................? Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

145,415 1,571,112
88,000
2,534,695 69,091 29,928 686,135 268,346 250,000
300,000
30,000
60,000 51,500 679,500 37,403,425 32,167,480

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services Wood Energy General Administration
and Support Total

$

4,099,268

30,923,984

51,500

2,328,673 37,403,425

$

1,172,016

28,622,291

51,500

2,321,673 32,167,480

Section 22. Georgia Bureau of Investigation.
Budget Unit: Georgia Bureau of Investigation......................................................!
Operations Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Evidence Purchased........................................................................! Utilities.............................................................................................! Postage..............................................................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! Total State Funds Budgeted.........................................................!

30,211,102
21,122,305 2,015,279
602,075 811,000 119,845 574,000 857,000 1,775,757 1,598,841
40,000 479,000 93,000 73,000 50,000 30,211,102 30,211,102

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement

3,071,917 5,859,937

3,071,917 5,859,937

MONDAY, MARCH 9, 1987

Investigative Georgia Crime
Information Center Undistributed Total

9,976,366
5,687,396 0
24,595,616

Forensic Sciences Division Budget Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................! Postage..............................................................................................! Total Funds Budgeted....................................................................! Total State Funds Budgeted.........................................................!

Section 23. Georgia State Financing
and Investment Commission. Budget Unit: Georgia State
Financing and Investment Commission ..................................$ Departmental Operations Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

Section 24. Office of the Governor. Budget Unit: Office of the Governor...........................................!
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Cost of Operations ..........................................................................$ Mansion Allowance.........................................................................! Governor's Emergency Fund.........................................................! Intern Stipends and Travel...........................................................! Art Grants of State Funds.............................................................! Art Grants of Non-State Funds....................................................!

2081
9,976,366
5,687,396 0
24,595,616
4,466,586 477,900 39,000 77,000 8,000 241,000 140,000 117,000 9,000 35,000 5,000
5,615,486 5,615,486
0
1,037,718 31,100 9,000 0 1,200 3,000 12,000 99,344 11,000 115,000
1,319,362 0
16,213,709 7,523,717
246,000 146,000
0 148,000 50,000 108,000 587,189 189,000 59,009,000 2,613,891 40,000 2,500,000 153,000 2,500,000 366,000

2082

JOURNAL OF THE HOUSE,

Humanities Grant - State Funds..................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

50,000 76,229,797 16,213,709

Office of the Governor Functional Budgets

Total Funds

State Funds

Governor's Office Office of Fair
Employment Practices Office of Planning
and Budget Council for the Arts Office of Consumer Affairs State Energy Office Governor's Committee on
Post Secondary Education Consumers' Utility Counsel Criminal Justice Coordinating Council Vocational Education Advisory Council Total

5,306,891
752,652
4,093,733 3,442,591 1,909,650 59,508,656

167,630 481,834

391,293

174,867

$

76,229,797

5,306,891
691,439
3,991,152 2,960,581 1,909,650
313,239
167,630 481,834
391,293
0 16,213,709

Section 25. Department of Human Resources.
A. Budget Unit: Departmental Operations.........................................................!
1. General Administration and Support Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Utilities.............................................................................................! Postage..............................................................................................! Capital Outlay .................................................................................$
Institutional Repairs and Maintenance.................................................................................!
Payments to DMA Community Care.........................................................................!
Service Benefits for Children........................................................! Special Purpose Contracts.............................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

390,192,516
43,572,788 2,025,664 1,241,400
0 248,610 390,650 2,398,360 4,410,080 884,883 35,760,040 276,500 852,480
0
0
6,898,000 6,470,574
215,000 105,645,029
638,300 47,532,353

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office

757,303

757,303

MONDAY, MARCH 9, 1987

Administrative Appeals Administrative Policy,
Coordination, and Direction Personnel Indirect Cost Facilities Management Public Affairs Community/ Intergovernmental Affairs Budget Administration Financial Services Auditing Services Special Projects Office of Children and Youth Planning Councils Community Services Block Grant Regulatory Services Program Direction and Support Child Care Licensing Laboratory Improvement Health Care Facilities Regulation Compliance Monitoring Radiological Health Fraud and Abuse Child Support Recovery Support Services Aging Services Aging Administration State Health Planning and Development Agency Total

1,080,652
302,836 8,416,765
0 4,696,486
450,434
497,862 1,561,735 4,810,644 1,857,762
495,000 6,714,826
440,787
8,966,618
751,390 2,026,421
799,424
2,662,171 403,797 792,876
4,329,522 13,999,622 2,870,264 32,102,600 2,685,520
1.171.712 105,645,029

2. Public Health Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle 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.................................................................!

2083
1,080,652
302,836 8,374,239 (5,639,765) 3,178,600
450,434
497,862 1,561,735 4,610,644 1,857,762
495,000 6,405,683
133,579
0
751,390 2,006,421
471,655
813,720 403,797 602,893 272,973 2,290,490 2,657,664 10,930,652 1,145,422
1,118,712 47,532,353
38,722,829 48,650,665
1,046,873 20,000 318,995 405,554 655,883 650,580 587,850
17,406,454 0
86,410 559,000
4,936,795
2,055,000 1,765,000 7,142,000
400,000 2,532,000

2084

JOURNAL OF THE HOUSE,

Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants....................................
Family Planning Benefits.................. Grant-In-Aid to Counties................... Purchase of Service Contracts .......... Special Purpose Contracts................. Total Funds Budgeted........................ Indirect DOAS Services Funding.... State Funds Budgeted.......................

Public Health Functional Budgets

Total Funds

Director's Office Employees' Health Health Program Management Vital Records Health Services Research Primary Health Care Stroke and Heart
Attack Prevention Epidemiology Immunization 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 District Health
Administration 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 Total

729,277 327,570 1,058,815 1,981,216 687,430 784,546
1,907,366 1,700,557
469,330
1,574,092
1,284,709 8,196,179 8,398,732
209,243 9,493,243 53,135,760 1,659,801 11,381,296 1,334,123
628,316 3,454,168
959,912 4,571,340 2,603,056
9,395,601 1,304,337
1,171,340
7,532,022 50,525,054
275,000 2,220,096 2,716,455 193,669,982

3. Rehabilitation Services Budget: Personal Services............................ Regular Operating Expenses........ Travel...............................................

5,299,000 302,000
53,220,094 562,000
6,345,000 193,669,982
549,718 113,180,123

State Funds

$

532,052

292,570

973,815

1,882,088

464,612

756,631

1,377,366 756,980 0

318,264

1,284,709 2,997,031 8,252,678
7,798 4,760,231
0 1,449,626 8,608,681 1,334,123
628,316 3,454,168
421,140 4,446,340 1,442,753

9,265,926 892,387

1,171,340

7,532,022 45,193,902
275,000 1,322,580 1,084,994 113,180,123

58,871,401 12,139,963
773,769

MONDAY, MARCH 9, 1987

2085

Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................$ Equipment Purchases.....................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Utilities.............................................................................................! Capital Outlay .................................................................................$ Postage..............................................................................................! Institutional Repairs
and Maintenance.........................................................................! Case Services....................................................................................! E.S.R.P. Case Services....................................................................! Special Purpose Contracts.............................................................$ Purchases of Services Contracts...................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding.................................................$ State Funds Budgeted....................................................................!

137,000 129,100 1,013,022 1,629,019 2,505,650 1,469,410 5,403,047 1,088,200
0 485,680
30,700 20,652,000
50,000 312,000 5,778,156 112,468,117 100,000 21,461,945

Rehabilitation Services Functional Budgets

Total Funds

State Funds

Program Direction and Support
Grants Management State Rehabilitation
Facilities Roosevelt Warm Springs
Institute Georgia Factory for
the Blind Disability Adjudication Production Workshop District Field Services Independent Living Sheltered Employment Community Facilities Bobby Dodd Workshop Total

3,439,711 642,427
5,373,197
16,475,570
14,834,937 29,025,949
1,012,901 34,525,599
461,243 1,160,427 5,106,256
409.900 112,468,117

1,503,069 530,225
1,087,320
4,132,023
577,266 0 0
7,312,826 261,243 541,817
5,106,256 409,900
21,461,945

4. Family and Children Services Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Telecommunications.......................................................................! Utilities.............................................................................................! Postage..............................................................................................! Cash Benefits...................................................................................! Grants to County DFACS -
Operations....................................................................................!

12,782,906 363,470 392,000 0 749,900 103,103
12,608,036 226,015
8,188,727 929,500 9,100 978,830
270,776,238
160,786,085

2086

JOURNAL OF THE HOUSE,

Service Benefits for Children ........ Special Purpose Contracts............. Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted....................

Family and Children Services Functional Budgets

Total Funds

Refugee Benefits AFDC Payments SSI - Supplemental Benefits Energy Benefits County DFACS Operations -
Social Services County DFACS Operations -
Eligibility County DFACS Operations -
Joint and Administration County DFACS Operations -
Homemakers Services Food Stamp Issuance Director's Office Administrative Support Regional Administration Public Assistance Management Information
Systems Social Services Indirect Cost Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Day Care Home Management - Contracts Outreach - Contracts Special Projects Program Support County DFACS Operations -
Employability Program Total

1,408,000 256,818,238
4,000 13,400,000
44,563,531
65,729,738
42,804,666
6,099,507 3,100,000
736,236 3,080,063 3,448,805 5,422,637
15,392,728 2,026,169
0 3,441,099 1,100,000 17,501,000 1,724,000
485,700 1,711,000 17,602,680
150,000 737,000 1,040,227 2,935,622
1,588,643 514,051,289

Budget Unit Object Classes: Personal Services........................ Regular Operating Expenses .... Travel........................................... Motor Vehicle Purchases.......... Publications and Printing......... Equipment Purchases................ Computer Charges...................... Real Estate Rentals................... Telecommunications.................. Per Diem, Fees and Contracts. Utilities ........................................

39,787,179 5,370,200 514,051,289
2,339,882 208,018,095

State Funds

$

0

$

91,466,684

$

4,000

$

0

$

23,521,110

$

32,825,540

$

21,743,268

$

5,518,107

$

0

$

736,236

$

2,601,046

$

3,448,805

$

1,946,037

$

6,034,586

$

2,026,169

$ (8,000,000)

$

946,443

$

875,000

$

11,526,396

$

1,207,587

$

240,757

$

1,666,891

$

3,285,528

$

48,816

$

233,836

$

1,035,627

$

2,087,485

$

992,141

$ 208,018,095

153,949,924 63,179,762 3,454,042
157,000 1,446,605 1,912,329 17,291,298 7,792,325 3,871,643 66,758,268 1,373,800

MONDAY, MARCH 9, 1987
Postage..............................................................................................! Capital Outlay .................................................................................$ Grants for Regional
Intensive Infant Care..................................................................$ Grants for Regional
Maternal and Infant Care..........................................................$ Crippled Children Benefits............................................................$ Crippled Children Clinics ..............................................................$ Kidney Disease Benefits ................................................................$ Cancer Control Benefits.................................................................! Benefits for Medically Indigent
High-Risk Pregnant Women and Their Infants................................................................................! Family Planning Benefits ..............................................................$ Midwifery Program Benefits.........................................................! Grant-In-Aid to Counties...............................................................! Payments to DMA - Community Care........................................! Service Benefits for Children........................................................! Case Services....................................................................................! E.S.R.P. Case Services....................................................................! Cash Benefits...................................................................................! Grants for County DFACS Operations....................................................................................! Institutional Repairs and Maintenance.........................................................................! Special Purpose Contracts.............................................................$ Purchase of Service Contracts ......................................................$
B. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions........................................................!
Departmental Operations: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Utilities.............................................................................................! Postage..............................................................................................! Capital Outlay .................................................................................$ Authority Lease Rentals ................................................................$ Institutional Repairs and
Maintenance.................................................................................! Grants to County-Owned
Detention Centers.......................................................................! Substance Abuse
Community Services...................................................................! Mental Retardation
Community Services...................................................................! Mental Health
Community Services...................................................................!

2087
2,403,400 0
4,936,795
2,055,000 7,142,000
559,000 400,000 2,532,000
5,299,000 302,000
1,765,000 53,220,094 6,898,000 46,257,753 20,652,000
50,000 270,776,238
160,786,085
30,700 12,242,200 6,340,156
417,561,185
334,360,768 31,758,060
892,950 335,895 149,260 3,830,242 4,228,305 647,487 2,787,550 32,767,011 15,150,635 247,598 876,890 2,119,055
1,733,056
1,926,470
1,102,000
91,544,164
11,817,693

2088

JOURNAL OF THE HOUSE,

Community Mental Health Center Services............................
Special Purpose Contract............... Reserve for DeKalb RYDC............ Cost-of-Living Adjustment ............ Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted ....................

74,625,064
0 808,887
0 613,709,040
2,404,100 417,561,185

Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets

Total Funds

State Funds

Southwestern State Hospital Georgia Retardation Center Georgia Mental Health
Institute Georgia Regional
Hospital at Augusta Northwest Regional
Hospital at Rome Georgia Regional
Hospital at Atlanta Central State Hospital Georgia Regional
Hospital at Savannah Gracewood State School
and Hospital West Central Georgia
Regional Hospital Outdoor Therapeutic Program Mental Health
Community Assistance Mental Retardation
Community Assistance Central Pharmacy Day Care Centers for
Mentally Retarded Supportive Living Georgia State Foster
Grandparents/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
Community Mental
Retardation Staff
Community Mental Retardation
Residential Services

33,449,038 28,690,590
23,628,173
18,581,831
24,467,687
27,679,616 115,452,903
21,653,003
43,071,428
18,629,820 I,965,766
8,019,997
3,126,079 144,154
68,448,070 II,514,662
587,394 386,609 1,102,000
74,625,064 0
361,376 1,643,922
262,890 303,031
3,375,676
18,048,949

22,209,724 14,413,897
20,545,047
15,668,604
18,510,751
21,537,789 80,941,885
18,461,436
22,752,153
15,077,142 1,813,486
8,019,997
2,322,418 144,154
33,741,450 7,241,926
573,148 223,609 1,102,000
32,257,802 0
361,376 938,382
262,890 303,031
3,059,431
12,989,871

MONDAY, MARCH 9, 1987

Contract with Clayton County

Board of Education for

Autistic Children

$

MH/MR/SA Advisory Council

$

MH/MR/SA Administration

$

MH/MR/SA Indirect Cost

$

Regional Youth

Development Centers

$

Milledgeville State YDC

$

Augusta State YDC

$

Atlanta State YDC

$

Macon State YDC

$

Court Services

$

Community Treatment Centers

$

Day Centers

$

Group Homes

$

Purchased Services

$

Runaway Investigation/

Interstate Compact

$

Assessment and

Classification

$

Youth Services

Administration

$

Cost-of-Living Adjustment

$

Total

$

Section 26. Department of Industry and Trade.
A. Budget Unit: Department of Industry and Trade..........................
State Operations Budget: Personal Services....................................... Regular Operating Expenses................... Travel .......................................................... Motor Vehicle Purchases ......................... Publications and Printing........................ Equipment Purchases............................... Computer Charges..................................... Real Estate Rentals.................................. Telecommunications ................................. Per Diem, Fees and Contracts ................ Postage............?........................................... Local Welcome Center Contracts........... Advertising and Cooperative
Advertising............................................. Georgia Ports Authority
Authority Lease Rentals....................... Historic Chattahoochee
Commission Contract............................ Atlanta Council for
International Visitors............................ Waterway Development in
Georgia.................................................... Georgia Music Week Promotion............. Georgia World Congress Center
Operating Expenses.............................. Contract - Georgia Association
of Broadcasters......................................

73,200
46,347 7,375,911
0
16,175,962 8,667,600 6,256,843 3,384,853 3,516,708 9,521,126 2,459,615
816,487 617,148 2,800,596
600,434
369,439
1,807,043 0
613,709,040

2089
73,200 46,347 6,301,635 (295,000)
15,797,962 8,333,389 6,186,108 3,299,339 3,420,308 9,521,126 2,459,615
816,487 617,148 2,800,596
600,434
369,439
1,739,653 0
417,561,185
16,551,467
6,300,845 894,000 316,000 18,000 340,000 82,000 184,500 538,700 185,000 429,000 186,000 200,000
4,675,000
2,745,000
80,000
25,000
50,000 35,000
0
53,000

2090

JOURNAL OF THE HOUSE,

Southern Center for International Studies..................................................................!
Capital Outlay .................................................................................$
Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

25,000 0
17,362,045 16,551,467

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration Economic Development
Tourism Total

$

5,830,108

$

5,036,612

$

6,495,325

!

17,362,045

$

5,019,530

$

5,036,612

$

6,495,325

$

16,551,467

Section 27. Department of Insurance
Budget Unit: Office of Insurance Commissioner....................................................!
Operations Budget: Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

9,370,169
8,625,783 366,500 237,500 13,000 140,500 66,067 377,101 525,718 152,400 31,500
10,536,069 9,370,169

Department of Insurance Functional Budgets

Total Funds

State Funds

Internal Administration
Insurance Regulation Industrial Loans Regulation Information and Enforcement
Fire Safety and Mobile Home Regulations
Total

!

1,384,886

$

2,529,351

!

545,494

$

1,745,800

!

4,330,538

!

10,536,069

$

1,384,886

$

2,423,366

$

545,494

$

1,745,800

$

3,270,623

$

9,370,169

Section 28. Department of Labor. Budget Unit: Department of Labor ............................,................$ State Operations:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and
Contracts (JTPA)........................................................................! Per Diem, Fees and Contracts......................................................!

5,765,174
58,444,389 8,074,000 1,035,000
0 61,000 449,000 2,097,000 2,453,694 1,438,000
61,002,822 1,278,000

MONDAY, MARCH 9, 1987

2091

W.I.N. Grants ..................................................................................$ Payments to State
Treasury ........................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

264,328
400,000 136,997,233
5,765,174

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices Administrative Services Unemployment Insurance Employment Services Field Services Job Training Partnership Total

4,290,756 12,099,163 7,545,563 4,346,437 55,653,001 53,062,313 136,997,233

1,135,014 1,020,664
4,166 349,632 3,255,698
0 5,765,174

Section 29. Department of Law. Budget Unit: Department of Law ................................................$ Attorney General's Office Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Books for State Library.................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

6,589,251 413,651 128,000 0 38,000 32,000 110,000 402,692 80,000 45,000 110,000
7,948,594 7,529,594

Section 30. Department of Medical Assistance.
Budget Unit: Medicaid Services...................................................! Departmental Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Postage..............................................................................................!
Medicaid Benefits, Penalties and Disallowances.......................................................................!
Payments to Counties for Mental Health..............................................................................!
Audit Contracts...............................................................................! Total Funds Budgeted....................................................................!
State Funds Budgeted....................................................................!

334,404,886
10,057,082 281,011 161,959 11,000 69,300 56,229
10,590,816 878,035 289,375
14,291,140 83,000
1,008,433,032
15,558,800 772,500
1,061,533,279 334,404,886

2092

JOURNAL OF THE HOUSE,

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office Program Management Administration Operations Program Integrity Benefits Total

$

739,239

$

17,746,419

$

2,236,133

$

13,183,076

!

3,636,580

$ 1,023,991,832

$ 1,061,533,279

369,620 2,549,081
314,908 3,809,593 1,529,916 325,831,768 334,404,886

Section 31. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration Agency Assessments.............
Departmental Operations Budget: Personal Services........................................... Regular Operating Expenses .......................
Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts.............:........................................! Postage..............................................................................................! Health Insurance Payments ..........................................................$ Total Funds Budgeted....................................................................! Agency Assessments........................................................................! Employee and Employer
Contributions...............................................................................! Deferred Compensation..................................................................!

7,734,688
6,146,353 177,550 69,000 263,000 103,300
1,921,428 754,382 80,300
39,113,000 214,000
283,076,000 331,918,313
7,734,688
324,131,468 52,157

Merit System Functional Budgets

Total Funds

State Funds

Applicant Services Classification and
Compensation Program Evaluation and Audit Employee Training
and Development Health Insurance
Administration Health Insurance Claims Internal Administration Commissioner's Office Undistributed Total

!

2,110,514

!

912,837

!

730,775

!

1,138,511

!

8,488,810

! 315,320,524

!

2,006,624

$

1,209,718

!

0

$ 331,918,313

Section 32. Department of Natural Resources.
A. Budget Unit: Department of Natural Resources ..........................
Operations Budget: Personal Services...................................... Regular Operating Expenses..................

66,823,174
48,189,448 8,759,070

MONDAY, MARCH 9, 1987
Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................$ Equipment Purchases.....................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Postage..............................................................................................! Land and Water Conservation
Grants............................................................................................! Recreation Grants...........................................................................! Contract with U. S. Geological
Survey for Ground Water Resources Survey.........................................................................! Contract with U.S. Geological Survey for Topographic Maps...................................................! Capital Outlay - Repairs and Maintenance.........................................................................! Capital Outlay - Shop Stock Parks.............................................................................................! Capital Outlay Heritage Trust.............................................................................! Authority Lease Rentals ................................................................$ Cost of Material for Resale ...........................................................$ Payments to Lake Lanier Islands Development Authority..............................................................! Contract - Special Olympics, Inc..................................................................................................! Georgia Sports Hall of Fame.........................................................! Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition................................................................! Capital Outlay - User Fee Enhancements - Parks................................................................! Capital Outlay - Buoy Maintenance.................................................................................! Capital Outlay - Consolidated Maintenance - Game and Fish..................................................! Technical Assistance Contract......................................................! Capital Outlay .................................................................................$ Contract - Georgia Rural Water Association........................................................................! Grant - The Hay House.................................................................! Contract - Corps of Engineers (Cold Water Creek State Park) ................................................$ Advertising and Promotion............................................................! Payments to Georgia Agricultural Exposition Authority ..................................................................$ Historic Preservation Grant..........................................................! Environmental Facilities Grant ....................................................$ Non-Game Wildlife Habitat Fund ...............................................$
Georgia Boxing Commission..........................................................! Lanier Regional Committee...........................................................!
Paving at State Parks and Historic Sites................................................................................!
Total Funds Budgeted....................................................................!

2093
492,000 1,516,658
550,000 1,913,503
478,620 1,685,280
905,992 1,333,789
333,886
2,000,000 400,000
300,000
125,000
1,826,438
300,000
211,500 1,106,000 1,400,000
500,575
206,000 50,000
450,000
1,535,000
20,000
250,000 125,000 118,250
10,000 0
149,405 100,000
526,700 150,000 8,000,000 150,000
7,000 38,000
500,000 86,713,114

2094

JOURNAL OF THE HOUSE,

Receipts from Jekyll Island State Park Authority..................................................................!
Receipts from Stone Mountain Memorial Association .................................................................$
Indirect DOAS Funding.................................................................$ State Funds Budgeted....................................................-...............!

53,750
315,000 200,000 66,823,174

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration Game and Fish
Parks, Recreation and Historic Sites
Environmental Protection
Coastal Resources Total

$

5,773,675

$

24,273,676

$

29,556,358

$

25,609,471

$

1,499,934

$

86,713,114

$

5,404,925

$

20,984,061

$

16,981,867

$

22,031,387

$

1,420,934

$

66,823,174

B. Budget Unit: Authorities..........................................................!
Operations Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$
Travel................................................................................................! Motor Vehicle Purchases...............................................................! Publications and Printing..............................................................!
Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$
Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................!
Capital Outlay.................................................................................! Boat Replacement Expense...........................................................! Total Funds Budgeted....................................................................!
State Funds Budgeted....................................................................!

0
2,704,775 1,890,500
26,500 69,500 64,150 84,400 22,000 17,000 66,200 84,600
0 178,350 5,207,975
0

Authorities Functional Budgets

Total Funds

State Funds

Lake Lanier Islands
Development Authority Georgia Agricultural
Exposition Authority Total

$

4,681,275

$

0

!

526,700

$

!

5,207,975

$

Section 33. Board of Post-Secondary
Vocational Education.
Budget Unit: Board of Postsecondary Vocational Education.......................................!
Board of Postsecondary Vocational Education Budget: Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$

97,426,975
2,146,044 158,000 57,000 9,000 40,000 10,000 254,000 275,000

MONDAY, MARCH 9, 1987

2095

Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Utilities .............................................................................................$ Personal Services-Institutions.......................................................$ Operating Expenses-Institutions...................................................$ Capital Outlay .................................................................................$ Quick Start Program ......................................................................$ Area School Program......................................................................$ Junior College Program..................................................................$ Teachers' Retirement .....................................................................$ Teachers' Health Insurance...........................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

46,000 897,500
15,000 30,370,877 8,928,665 3,000,000 3,700,000 47,960,595 2,668,835 6,828,000 2.465.459 109,829,975 97,426,975

Institutions Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

4,044,828 105,785,147 109,829,975

!

2,915,828

$

94.511.147

$

97,426,975

Section 34. Department of Public Safety. A. Budget Unit: Department of Public
Safety.................................................................! Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Postage..............................................................................................! Conviction Reports .........................................................................$ State Patrol Posts Repairs
and Maintenance.........................................................................! Capital Outlay.................................................................................! Driver License Processing..............................................................! Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................!

68,036.758
50,414,735 6,624,160
137,500 3,069,000
630,000 1,185,806 3,474,000
13,000 1,141,010
168,470 1,095,375
225,000
200,000 359,502 949,200 69,686,758 1,650,000 68,036,758

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

8,883,138 15,261,890 45,541,730 69,686,758

8,883,138 13,761,890 45,391.730 68,036,758

B. Budget Unit: Units Attached for Administrative Purposes Only ........
Attached Units Budget: Personal Services............................

11.195.395 5,090,596

2096

JOURNAL OF THE HOUSE,

Regular Operating Expenses .
Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................$ Equipment Purchases.....................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Postage..............................................................................................! Peace Officers Training Grants ....................................................$ Highway Safety Grants ..................................................................$ Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

2,001,600 150,000 131,600 65,000 85,438 379,806 163,722 158,500
I,188,004
30,000
2,440,977 3,500,000
0 15,385,243 II,195,395

Attached Units Functional Budgets

Total Funds

State Funds

Office of Highway Safety Georgia Peace Officers
Standards and Training Police Academy Fire Academy Georgia Firelighters
Standards and Training Council Organized Crime Prevention Council Georgia Public Safety Training Facility Total

4,004,995
4,005,630 1,079,737
931,230
415,803
309,885
4,637.963 15,385,243

!

252,497

!

4,005,630

!

1,029,737

!

844,230

!

415,803

!

309,885

!

4,337,613

!

11,195,395

Section 35. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System...........................................!
Departmental Operations Budget: Payments to Employees' Retirement System......................................................................! Employer Contributions.................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

13.541,000
211,000 13,330,000 13,541,000 13,541,000

Section 36. Public Service Commission. Budget Unit: Public Service
Commission.......................................................! Departmental Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................!

7,232,781
5,518,888 405,967 202,459 235,200 33,500 105,919 258,125 296,220 123,000
1,250,000

MONDAY, MARCH 9, 1987

2097

Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

8,429,278 7,232,781

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

$

1,321,050

3,199,522

3,908,706

8,429,278

1,321,050 2,113,167 3,798,564 7,232,781

Section 37. Regents, University System of Georgia.
A. Budget Unit: Resident Instruction..........................................$ Resident Instruction Budget:
Personal Services: Educ., Gen., and Dept. Svcs ......................................................$ Sponsored Operations.................................................................!
Operating Expenses: Educ., Gen., and Dept. Svcs ......................................................$ Sponsored Operations.................................................................!
Office of Minority Business Enterprise.....................................................................!
Special Desegregation Programs...................................................! Authority Lease Rentals ................................................................$ Research Consortium......................................................................! Eminent Scholars Program............................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! Departmental Income.....................................................................! Sponsored Income...........................................................................! Other Funds.....................................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

633,957,082
659,941,020 90,000,000
181,694,971 105,000,000
321,481 356,959 14,044,793 500,000 250,000 630,000 1,052,739,224 22,000,000 195,000,000 198,754,842 3,027,300 633,957,082

B. Budget Unit: Regents Central Office and Other Organized Activities............................................................!
Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs......................................................! Sponsored Operations.................................................................! Operating Expenses: Educ., Gen., and Dept. Svcs......................................................! Sponsored Operations.....................................................................! Fire Ant and Environmental Toxicology Research...................................................................! Agricultural Research.....................................................................! Advanced Technology Development Center...................................................................!
Capitation Contracts for Family Practice Residency.........................................................!
Residency Capitation Grants.........................................................! Student Preceptorships..................................................................! Center for Rehabilitation
Technology...................................................................................! SREB Payments..............................................................................!

135,191,421
170,571,806 54,640,269
74,373,975 21,336,281
265,251 1,635,164
1,188,859
2,612,750 2,381,730
158,000
654,239 11,966,100

2098

JOURNAL OF THE HOUSE,

Medical Scholarships......................................................................! Regents Opportunity Grants .........................................................$ Regents Scholarships ......................................................................$ Rental Payments to Georgia
Military College ...........................................................................$ Total Funds Budgeted....................................................................! Departmental Income.....................................................................$ Sponsored Income...........................................................................! Other Funds.....................................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

697,748 600,000 200,000
619,618 343,901,790
0 75,976,550 132,178,119
555,700 135,191,421

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

Marine Resources Extension Center
Skidaway Institute of Oceanography
Marine Institute Georgia Tech
Research Institute Engineering Extension
Division Agricultural
Experiment Station Cooperative Extension
Service Eugene Talmadge
Memorial Hospital Veterinary Medicine
Experiment Station Veterinary Medicine
Teaching Hospital Joint Board of
Family Practice Georgia Radiation
Therapy Center Athens and Tifton
Veterinary Laboratories Regents Central Office Undistributed Total

!

1,837,107

!

2,814,535

!

1,386,330

!

87,520,751

!

5,269,765

!

46,690,101

$

44,745,980

! 120,565,675

!

2,735,358

$

2,237,849

!

5,505,945

$

1,537,429

!

2,115,755

!

18,939,210

!

0

! 343,901,790

$

1,125,683

!

1,427,904

!

815,631

!

11,108,989

$

1,770,764

!

31,057,468

!

29,819,180

!

30,415,912

!

2,735,358

$

435,262

!

5,505,945

!

0

!

34,105

!

18,939,210

!

0

! 135,191,421

C. Budget Unit: Georgia Public Telecommunications Commission................
Public Telecommunications Commission Budget: Personal Services................................ Operating Expenses........................... Total Funds Budgeted....................... Other Funds........................................ State Funds Budgeted.......................

7,361,109
4,844,948 6,333,500 11,178,448 3,817,339 7,361,109

Section 38. Department of Revenue. Budget Unit: Department of Revenue.........

63.626,577

MONDAY, MARCH 9, 1987

2099

Operations Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! County Tax Officials/Retirement and PICA......................................................................................! Grants to Counties/Appraisal Staff...............................................................................................! Motor Vehicle Tags and Decals....................................................! Postage..............................................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding ................................,................$ State Funds Budgeted....................................................................!

39,975,132 1,322,078 1,370,925 263,000 2,429,155 382,500 7,314,575 2,614,453 589,759 215,000
1,645,000
1,430,000 5,570,000 2,350,000 67,471,577 3,845,000 63,626,577

Department of Revenue Functional Budgets

Total Funds

State Funds

Departmental Administration Internal Administration Electronic Data Processing Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit Total

3,677,732 8,792,085 6,767,095 13,583,191 5,946,176 15,422,080 5,645,563 3,878,332 3.759.323 67,471,577

3,677,732 8,792,085 3,012,095 13,493,191 5,946,176 15,422,080 5,645,563 3,878,332 3.759.323 63,626,577

Section 39. Secretary of State. A. Budget Unit: Secretary of State..............................................!
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Election Expenses...........................................................................! Postage..............................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

19,310,019 12,488,214 1,694,401
226,000 109,900 418,200 134,600 394,300 2,136,570
260,300
583,034 500,000 364,500 19,310,019 19,310,019

Secretary of State Functional Budgets

Total Funds

State Funds

Internal Administration Archives and Records Corporations Regulation

2,855,528 4,420,850 1,762,050

2,855,528 4,420,850 1,762,050

2100

JOURNAL OF THE HOUSE,

Elections and Campaign Disclosure
Securities Regulation Drugs and Narcotics State Ethics Commission Occupational Certification Total

1,100,963 1,383,452
837,435 184,940 6,764,801 19,310,019

1,100,963 1,383,452
837,435 184,940 6,764,801 19,310,019

Occupational Certification Functional Budgets

Board Costs

Cost of Operations

S.B. of Accountancy S.B. of Architects S.B. of Athletic Trainers Georgia Auctioneers
Commission S.B. of Barbers G.B. of Chiropractic
Examiners State Construction Industry
Licensing Board S.B. of Cosmetology G.B. of Dentistry G.B. of Examiners of
Licensed Dieticians S.B. of Professional
Engineers and Land Surveyors S.B. of Registration for Foresters S.B. of Funeral Services S.B. of Registration for Professional Geologists S.B. of Hearing Aid Dealers and Dispensers G.B. of Landscape Architects S.B. for the Certification of Librarians Georgia Composite Board of Professional Counselors, Social Workers and Marriage and Family Therapists Composite S.B. of Medical Examiners S.B. of Nursing Home Administrators G.B. of Nursing S.B. of Dispensing Opticians S.B. of Examiners in Optometry S.B. of Occupational Therapy S.B. of Pharmacy

194,741 74,377
635 6,597 11,356 16,883 77,130 42,156 51,250 13,539
55,747 3,595 21,462 3,688 6,551 21,374 2,872
30,958 147,223 11,942 71,044
8,497 16,571 8,256 79,556

381,961 153,281
3,384 36,196 134,596 94,398 421,929 728,294 236,905 25,267
292,847 32,108 166,787 18,907 19,792 34,635 15,261
98,743 1,141,058
42,282 778,712 31,977 56,620
16,916 450,269

MONDAY, MARCH 9, 1987

2101

S.B. of Physical Therapy S.B. of Podiatry
Examiners S.B. of Polygraph
Examiners G.B. of Examiners of
Licensed Practical Nurses G.B. of Private Detective
and Security Agencies S.B. of Examiners of
Psychologists S.B. of Recreation
Examiners S.B. of Examiners for
Speech Pathology and Audiology S.B. of Registration for Used Car Dealers S.B. of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers S.B. of Veterinary Medicine S.B. of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysis Undistributed Total

!

12,265

$

6,649

$

6,632

!

48,634

$

12,622

!

14,461

$

5,488

!

6,501

$

14,003

$

8,564

!

41,874

!

7,385

!

0

!

1,163,078

46,350 25,801 41,656 442,775 333,196 70,864 21,953
30,511 174,370
37,833 109,437
133,695 0
6,881,566

B. Budget Unit: Real Estate Commission... Real Estate Commission Budget: Personal Services:...................................... Regular Operating Expenses...................
Motor Vehicle Purchases ...............................................................$ Publications and Printing ..............................................................$ Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................,...............! Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

1,426,312
776,412 112,900 12,000 22,500 26,000
9,200 300,200 53,800
13,800 99,500 1,426,312 1,426,312

Real Estate Commission Functional Budget

State Funds

Cost of Operations

Real Estate Commission

! 1,426,312

! 1,466,812

Section 40. Georgia Student Finance Commission.
Budget Unit: Georgia Student Finance Commission..........
Administration Budget:

18,650.542

2102

JOURNAL OF THE HOUSE,

Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................$ Equipment Purchases.....................................................................! Computer Charges...........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Payment of Interest and Fees.......................................................! Guaranteed Educational Loans.....................................................$ Tuition Equalization Grants .........................................................$ Student Incentive Grants...............................................................$
Law Enforcement Personnel Dependents'Grants ....................................................................$
North Georgia College ROTCGrants...............................................................................$
Osteopathic Medical Loans ...........................................................$ Georgia Military Scholarship
Grants............................................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................!

3,456,101 215,090 58,000 0 112,000 21,300 309,540 122,600 18,000 382,500
3,650,000 12,002,000 4,933,500
36,000
116,000 240,000
252,000 25,924,631 18,650,542

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration Higher Education
Assistance Corporation Georgia Student
Finance Authority Total

$

4,312,631

382,500

21,229,500 25,924,631

0
275,000
18,375,542 18,650,542

Section 41. Soil and Water Conservation Committee.
Budget Unit: Soil and Water Conservation Committee .................................$
Soil and Water Conservation Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! County Conservation Grants .........................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

1,371,017
690,582 99,000 49,000
0 22,000 8,000 3,000 35,039 16,000 126,000 322,396 1,371,017 1,371,017

Section 42. Teachers' Retirement System. Budget Unit: Teachers' Retirement
System................................................................! Departmental Operations Budget:
Personal Services.............................................................................!

3,300,000 2,441,102

MONDAY, MARCH 9, 1987

2103

Regular Operating Expenses .........................................................$ Travel................................................................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Postage..............................................................................................! Cost-of-Living Increases for
Local Retirement System Members.......................................................................................! Floor Fund for Local Retirement Systems....................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

70,000 25,000 55,000 9,000 791,800 288,500 85,000 262,900 88,000
2,200,000
1.100.000 7,416,302 3,300,000

Section 43. Department of Transportation. Budget Unit: Department of
Transportation..................................................! For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities. Departmental Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Grants to Counties..........................................................................! Grants to Municipalities ..............................................................,,! Capital Outlay - Airport
Approach Aid and Operational Improvements..............................................................................! Capital Outlay - Airport Development................................................................................! Mass Transit Grants.......................................................................! Savannah Harbor Maintenance Payments......................................................................................! G.O. Debt Sinking Fund................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

433.992,990
198,278,521 48,328,975
1,716,271 1,016,000
470,084 3,289,301 2,085,232 1,289,059 1,955,802 9,050,600 427,507,872 9,317,013 9,317,000
1,355,000
1,370,000 9,654,629
799,250 30,000,000 756,800,609 433,992,990

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Assistance to Counties Administration Undistributed

! 480,618,219

$ 213,453,036

$

4,317,032

$

9,317,013

!

18,471,307

!

0

$ 195,922,320

! 195,023,328

$

3,641,032

$

9,317,013

!

18,096,307

$

0

2104

JOURNAL OF THE HOUSE,

Total General Funds Budget

$ 726,176,607 Total Funds

! 422,000,000 State Funds

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 Savannah Harbor Widening Total

$

9,317,000

$

900,000

$

106,000

$

2,143,544

$

14,358,208

$

3,799,250

$

0

$

30,624,002

$

317,000

900,000
106,000 1,663,544
5,207,196 3,799,250
0 11,992,990

Section 44. Department of Veterans Service. Budget Unit: Department of Veterans
Service................................................................! Departmental Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Publications and Printing..............................................................! Equipment Purchases.....................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Postage..............................................................................................! Operating Expense/Payments to
Central State Hospital................................................................! Operating Expense/Payments to
MedicalCollege of Georgia .........................................................$ Regular Operating Expenses
for Projects and Insurance.........................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

16,887.176
4,212,979 49,571 82,000 0 21,000 117,000 2,402 212,113 58,000 11,000 0 33,000
9,877,806
5,226,155
180,000 20,083,026 16,887,176

Veterans Service Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Home and
Nursing Facility at Milledgeville Veterans Nursing Home at Augusta Total

!

4,700,065

$

10,063,806

!

5.319,155

!

20,083,026

$

4,468,940

$

8,215,081

!

4.203,155

$

16,887,176

Section 45. Workers' Compensation Board. Budget Unit: Workers' Compensation
Board..................................................................! Operations Budget:
Personal Services........................................................................... Regular Operating Expenses.......................................................

6.769,856
5,408,404 113,231

MONDAY, MARCH 9, 1987

2105

Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Publications and Printing..............................................................$ Equipment Purchases.....................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Postage..............................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

61,500 0
63,000 40,230 267,991 523,000 90,500 157,500 84,500 6,809,856 6,769,856

Workers' Compensation Functional Budgets

Administration Vocational Rehabilitation Total

Total Funds

$

6,200,985

$

608,871

$

6,809,856

State Funds

$

6,160,985

$

608,871

$

6,769,856

Section 46. 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) ........................................$

216,438,553 40,856.700

Section 47. Provisions Relative to Section 3, Supreme Court. The appro priations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for 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 48. 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 contribu tions for judges and employees of the Court.

Section 49. 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 Attor neys 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 ten years of experience to attend the Judicial College.

2106

JOURNAL OF THE HOUSE,

Section 50. Provisions Relative to Section 6, Juvenile Courts. The appro priations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juve nile Court Judges created by Code Section 15-11-4.
Section 51. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Edu cation) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 52. Provisions Relative to Section 8, Judicial Council. The appro priations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judi cial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council.
Section 53. Provisions Relative to Section 19, State Board of EducationDepartment of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,371.00. In addition, all local school system allot ments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
From the Appropriations in Section 19 (State Board of Education, Department of Education) relative to personal services, the Department is authorized to use funds not to exceed $177,000 for upgrading positions within the Department.
From the Appropriations in Section 19, funds are designated and committed for the purpose of Special Education Low - Incidence Grants to finance the direct instructional costs for low - incidence programs which are not covered by the QBE formula. The total of such grants will be determined under Board of Education policy IDDF and may not exceed $500,000 for FY 1988.
From the Appropriations in Section 19, funds in the amount of up to $352,000 are set a-side for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Education. In the event application totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work-site development and supervision.
Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, which provided such common preparation time during the immediately preceding school year, and which meet criteria and standards prescribed by the State Board of Education for middle school programs.
Section 54. Provisions Relative to Section 20, Employees' Retirement System. The Employees' Retirement System is authorized to increase the employer contribution rate by eighteen one-hundredths of one percent of salaries to fund one and and one-half percent cost of living increases on July 1, 1987, and January 1, 1988.
Section 55. Provisions Relative to Section 25, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 71.75% 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 stan dards of need shall apply:

MONDAY, MARCH 9, 1987

2107

Number in
Asst. Group 1 2
3 4
5 6 7
8 9 10
11

Standards
of Need $ 202
306
366 432
494 536 580
616 648 694
742

Maximum Monthly
Amount $ 145
220
263 310
354 385 416
442 465 498
532

From the appropriation in Section 25 (Department of Human Resources) relating to the Georgia State Foster Grandparent and 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 $125,000 each to the Department of Corrections to provide appropriate security coverage for inmate labor at these Hospitals.
Provided, that of the above appropriation relating to services for Alzheimer's clients, funding shall be distributed on a cost-per-slot basis, which shall not exceed the rates set by the Department of Medical Assistance.

Section 56. Provisions Relative to Section 31, Merit System of Personnel Administration. The Department is authorized to assess no more than $144.84 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 1988 shall not exceed eight percent (8.00%).

Section 57. Provisions Relative to Section 32, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropri
ated in Section 32 (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 32.
From the appropriation in Section 32 (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 32, 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 58. Provisions Relative to Section 37, Regents, University System of Georgia. 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.

Section 59. Provisions Relative to Section 33 Board of Postsecondary Education. None of the State funds appropriated in Section 33 may be used for the purpose of planning, designing, constructing, or renovating an area vocational-technical school unless said school agrees to be governed by the State Board of Postsecondary Voca tional Education.

Section 60. Provisions Relative to Section 43 Department of Transporta tion. As authorized in the amended General Appropriations Acts for State Fiscal Year

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1981 and 1985, $246,500,000 in principal amount of General Obligation bonds were sold for advance construction of the Interstate System. Debt service on these bonds is being provided from General Fund Appropriations or Federal Interstate payback funds and $221,850,000 (90%) is to be repaid to the State from Federal Interstate Funds. $82,748,573 has been repaid leaving a balance due of $139,101,427. A $50,000,000 payment shall be applied during the State Fiscal Year 1988 to the $139,101,427 balance due leaving a prin cipal balance due of $89,101,427 to be repaid to the State on Bonds that have been issued for advance construction of the Interstate System.
For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) 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.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years subject to the approval by the Office of Planning and Budget.
c.) 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.
d.) 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 43 of this Bill.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately 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.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
g.) 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 61. In addition to all other appropriations for the State fiscal year ending June 30, 1988, there is hereby appropriated $3,450,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $6,964,400 for the purpose of providing operating funds for the State physical health laboratories ($125,000 Budget Unit "A") and for State mental health/mental retardation institutions ($6,839,400 Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of provid ing funds for the operation of the Employment Service and Unemployment Insurance Pro grams in the Department of Labor. 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 Divi sion of the Department of Administrative Services from agency fund collections.
Section 62. 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 63. 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.

MONDAY, MARCH 9, 1987

2109

Section 64. 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 spe cial interest in future audits to insure strict compliance with the intent of this General Assembly.
Section 65. 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 effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
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 noncomplaince with the stated intent of this Section.
Section 66. 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 expenditures as contemplated in this Appropriations Act.
Section 67. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 68. 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 69. In accordance with the requirements of Article IX, Section VI, Para graph la of the Constitution of the State of Georgia, as amended, there is hereby appropri ated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts 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. If for any reason any of the sums herein provided under any other provision of this Act are insuffi cient to make the required payments in full, there shall be taken from other funds appro priated 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 appro priations.
Section 70. (a.) 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 1987 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

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between objects, programs and activities subject to the conditions that no funds whatso ever 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 transferred between object classes 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 budget unit from whatever source derived. The State Auditor shall make
an annual report to the Appropriations Committees of the Senate and House of Repre sentatives 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.
(b.) (1.) For purposes of this section, the term "common object classes" shall include
only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Real
Estate Rentals and Telecommunications. (b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations
shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not
exceed the sum of the stated amounts for the separate object classes of the group. (b.) (3.) It is the further intent of the General Assembly that this principle shall be
applied as well when common object class amounts are properly amended in the adminis
tration of the annual operating budget.

Section 71. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classifi cation following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall super sede 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 72. 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 re- appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.

Section 73. Delayed Hiring Factor by Department.

Agriculture Corrections "A" Corrections "B" GBI Office of the Governor DHR "A" DHR "B" Georgia Insurance Comm. Merit System of Pers. Admin. Public Safety "A" Revenue

$

10,500

$

738,387

$

403,380

$

8,690

$

2,200

$

3,033,005

$

5,183,000

$

5,390

$

46,842

$

370,000

$

42,634

Section 74. Cost-of-Living Increases. This General Assembly has distributed to and included in the agency appropriations listed hereinbefore State Funds in the amount of $111,827,692 for the purposes described herein: 1.) An increase of 2.5% for full-time

MONDAY, MARCH 9, 1987

2111

employees of the Executive, Judicial and Legislative branches of state government, effec tive July 1, 1987; 2.) For teachers, public librarians, and other instructional and support personnel, an increase from $16,800 to $17,304 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 performance based certification, effective the following month; 3.) For the teacher salary schedule to be adjusted to provide an increase in the longevity factor from 2.6% to 2.7%, effective Sep tember 1, 1987; 4.) For school bus drivers and lunchroom workers, a 2.5% increase to be effective July 1, 1987; 5.) For University System employees, a 2.5% salary increase to be effective September 1, 1987, for academic contracted personnel and for a 2.5% salary increase, effective July 1, 1987, for non-academic personnel, and fiscal year contracted per sonnel of the University System and employees of the Athens and Tifton Veterinary Lab oratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Station; and 6.) An increase of 2.5% 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, there has been distributed to and included in the agency appropriations listed hereinbefore State Funds in the amount of $1,389,926 for upgrading selected classifi cations as recommended by the State Merit System and $1,654,016 for two 1.5% cost-ofliving adjustments for retired members of the Employee Retirement System.
Section 75. 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, $ 265,000 is specifically appropriated for the purpose of financing an office and laboratory facility for the Depart ment of Natural Resources by means of the acquisition, construction, development, exten sion, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $ 4,800,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local governmental entities for water and sewage system, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $ 2,600,000 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, property, buildings, struc tures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $26,000,000 in principal amount of Gen eral Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $ 885,000 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improve ment of harbor dikes and sites for deposit of spoilage from dredging by the Department of Transportation, including waters, land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,850,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $ 226,000 is specifically appropriated for the purpose of financing a grade separation and grade crossing construction program of the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and

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facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,260,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $ 8,484,000 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improve ment of land, property, buildings, structures, equipment and facilities, of the Board of Regents of the University System of Georgia, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $35,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,500,000 is specifically appropriated for the purpose of financing a highway construction and reconstruction program of the Department of Trans portation, by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $4,237,200 is specifically appropriated for the purpose of financing a program of Developmental Highway construction of the Department of Trans portation, by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $17,655,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,834,500 is specifically appropriated for the purpose of financing a program of Developmental Highway construction of the Department of Trans portation, by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $28,345,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $ 2,514,000 is specifically appropriated for the purpose of financing construction of facilities for the Board of Post Secondary Vocational Education, by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $25,140,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $12,500,000 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improve ment of county and independent school systems throughout the State of Georgia, including land, property, 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 $125,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Section 76. It is the intent of this General Assembly that existing sinking fund balances be utilized for Debt Service on the obligations of the Georgia Building Authority (Penal).
Section 77. TOTAL STATE FUND
APPROPRIATIONS

MONDAY, MARCH 9, 1987

2113

State Fiscal Year 1988................................................................TM.............$ 5,782,000,000
Section 78. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 79. 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 226.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford
Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childere Y Childs Y Clark.B Y Clark.L

Y Colbert Y Coleman Y Colwell
Y Connell Y Cooper Y Couch YCox Y Crawford Y Crosby Y Cummings Y Davis.G
Davis.M Y Dixon
Y Dobbs Y Dover YDunn Y Edwards
Y Felton Y Floyd Y Foster
Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty YHays Y Heard
Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston
Y Lane.D Y Lane,R
Langford Y Lawler N Lawrence Y Lawson YLee Y Linder
Long YLord Y Lucas
Y Lupton Y Mangum
Y Martin Y McDonald Y McKelvey
McKinney
YMilam Y Milford Y Mobley Y Moody Y Moore Y Morton

On the motion, the ayes were 167, nays 2. The motion prevailed.

Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit Y Phillips Y Pinkston N Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketaon
Robinson,C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore
Y Smith.L Y Smith.P Y Smith.T
Y Smith,W Smyre
YSnow Y Stancil
Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y 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 Y Williams.B Y Williams,J
Wilson Y Wood
Y Workman Y Yeargin Y Young
Murphy,Spkr

Representative Smyre of the 92nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Langford of the 74th 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 Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:

HR 109. By Representatives Redding of the 50th, Robinson of the 58th, Richardson of the 52nd, Steinberg of the 46th, Williams of the 54th and others:

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JOURNAL OF THE HOUSE,

A resolution creating the DeKalb County Government Study Commission.

The following Senate amendment was read:

Amend HR 109 by striking from line 18 of page 3 the following: "December 31", and inserting in lieu thereof the following: "December 15".

Representative Redding of the 50th moved that the House disagree to the Senate amendment to HR 109.
The motion prevailed.

The Speaker Pro Tern assumed the Chair.

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

SB 68. By Senator Garner of the 30th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions concerning torts, so as to provide that a person who engages in a criminal act on property owned or leased by a polit ical subdivision of this state and who suffers an injury which is not inflicted by an officer, employee, or agent of such political subdivision shall not have a cause of action against such political subdivision for such injury.

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

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford
Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M Y Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Bray Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Carrell

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 Couch
Cox Y Crawford Y Crosby Y Cummings Y Davis,G Y Davis,M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster

Y Galer Y Godbee Y Goodwin Y Green Y Greene
Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Hasty Y Hays Y Heard Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson
Johnson.D Y Johnson,R Y Kilgore

Y Kingston Y Lane,D Y Lane,R Y Langford
Lawler
Y Lawrence Y Lawson Y Lee Y Linder
Long Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Milam Y Milford Y Mobley Y Moody Y Moore Y Morton Mostiler Y Moultrie Y Mueller Y Oliver

Y Orrock Y Padgett
Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit
Phillips Y Pinkston Y Pittman Y Porter Y Powell
Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom Y Ray Y Reaves Y Redding Y Richardson Y Ricketson
Robinson.C Y Robinson.P Y Royal Y Selman

MONDAY, MARCH 9, 1987

2115

Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith,L Y Smith.P Y Smith.T

Y Smith,W Y Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C

Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep

Y Walker.C Y Walker.L YWall
Ware Y Watson Y Watts Y White Y Wilder

Y Williams.B YWilliams,J
Wilson Y Wood Y Workman Y Yeargin
Young Murphy.Spkr

On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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 be recorded as voting "aye" thereon.

SB 282. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Chapter 1 of Title 44 of the Official Code of Georgia Anno tated, relating to general provisions affecting property, so as to change popu lation provisions concerning restrictions upon certain municipalities in the removal of improperly parked vehicles; to provide an effective date.
The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend SB 282 by inserting after the word "municipalities" on line 8 of page 2 the following:
"j except a consolidated city-county government,",
and by inserting after the word "thereto" on line 21 of page 2 the following:
"and there is conspicuously posted on such real property notice that any vehicle parked thereon which is not authorized to be parked on such property may be removed at the expense of the owner of the vehicle along with information as to where the vehicle may be recovered"

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

Y Aaron Y Adams.G
Y Adams.M Y Aiken
Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M
YBeck Y Benefield
YBenn Birdsong Bishop
Y Bostick Y Branch

YBray
Y Brooks Y Brown YBuck
Buford YByrd
Y Carrell Y Carter Y Chamblesi Y Chance
Cheeks Y Childers Y Childs Y Clark,B Y Clark.L Y Colbert
Coleman Colwell Connell Y Cooper Couch

Cox Y Crawford Y Crosby
Cummings Y Davis,G
Davis.M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer
Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham

Y Griffin
Y Groover Y Hamilton Y Manner Y Harris
Y Hasty YHays Y Heard Y Hensley Y Herbert Y Holcomb
Holmes Y Hooks Y Hudson Y Isakson Y Jackson.J Y Jackson.W Y Jamieson Y Johnson,D Y Johnson,R Y Kilgore

Y Kingston
Y Lane.D Y Lane,R Y Langford Y Lawler Y Lawrence
Y Lawson YLee Y Under
Long YLord
Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Milam Y Milford Y Mobley

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Y Moody Y Moore Y Morton
Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit

Phillips Y Pinkston Y Pittman Y Porter Y Powell
Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom Y Ray Y Reaves Y Redding Y Richardson

Ricketson Y Robinson.C N Robinson,? Y Royal Y Selman
Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smith,W
Smyre

Y Snow Y Stancil Y Stanley
Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond 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
Wilson Y Wood Y Workman Y Yeargin
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.

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

HB 1043. By Representatives Redding of the 50th, Robinson of the 58th, Aaron of the 56th, Williams of the 48th, Williams of the 54th and others:
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 an annual salary for the Chief Executive and for members of the DeKalb County Commission.

The following Senate substitute was read:

A BILL
To amend an Act revising, superseding, and consolidating the laws relating to the gov erning authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, so as to pro vide for an annual salary for the Chief Executive and for members of the DeKalb County Commission; to provide for an expense allowance for members of the DeKalb County Commission; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, is amended by striking Section 8 of the amendatory Act, approved April 9, 1981 (Ga. L. 1981, p. 4304), in its entirety and substituting in lieu thereof a new Section 8 to read as follows:
"Section 8. The provisions of any other law to the contrary notwithstanding: (1) The Chief Executive Officer of DeKalb County shall receive an annual salary
of $73,260.00; (2) Each member of the Commission shall receive an annual salary equal to 22
percent of the annual salary of the Chief Executive; and

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(3) In addition to the annual salary provided for by paragraph (2) of this Section, each member of the Commission shall receive an expense allowance of $100.00 per month."
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.

Representative Redding of the 50th moved that the House agree to the Senate substi tute to HB 1043.
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 27. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia Anno tated, known as the "Public Officers Recall Act," so as to change the defini tions of certain terms; to provide that applications for recall petitions shall be numbered; to require election superintendents to maintain records of applications for recall petitions; to provide time limitations on when applica tions for recall petitions may be accepted for verification.

The following Committee substitute was read:

A BILL
To amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, known as the "Public Officers Recall Act," so as to change the definitions of certain terms; to provide that no person shall be authorized to circulate, sponsor, or sign an application for a recall petition unless such person is an elector of the electoral district of the officer sought to be recalled; to change certain provisions relating to the required contents of such applications; to provide that applications for recall petitions shall be numbered and shall state the reasons advanced by the sponsors for support of the recall; to require election superintendents to maintain records of applications for recall petitions; to provide time limitations on when applications for recall petitions may be accepted for verification; to provide additional authority to the election superintendent to facilitate the verification of applications for recall petitions and recall petitions; to change the provisions relating to the form and required contents of the recall petition; to provide that no recall petition shall be circulated or signed by any person in any location where alcoholic beverages are sold or served; to clarify certain provisions relating to the nullification of signatures on applications for recall petitions and recall petitions; to change the provisions relating to the determination by the election superintendent of the legal sufficiency of a recall peti tion; to authorize the judge of the superior court to grant an additional period of time for the election superintendent to verify an application for a recall petition; to change the provisions relating to the period during which a recall petition will be accepted; to provide for the filing of subsequent applications for recall petitions against an officer following the filing of an insufficient recall petition against such officer; to change certain provisions relating to campaign and financial disclosure requirements; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 21 of the Official Code of Georgia Annotated, known as the "Public Officers Recall Act," is amended by striking Code Section 21-4-3, relating to definitions under the "Public Officers Recall Act," and inserting in its place a new Code Section 21-4-3 to read as follows:
"21-4-3. As used in this chapter, the term: (1) 'Elected county school board members' and 'elected county school superintend
ents' shall be considered county officers. (2) 'Elected education board members' and 'elected school superintendents' of any
independent school system shall be considered municipal officers. (3) 'Election superintendent' means: (A) In the case of aH any elected state officers, the Secretary of State; (B) In the case of aH any elected county officers, the county board of elections, if a county has such, or the judge of the probate court, provided that, if such judge of the probate court is the officer sought to be recalled, then the election super intendent shall be the clerk of the superior court; and (C) In the case of H any elected municipal officers, the municipal clerk or municipal board of elections or municipal election superintendent if the municipal ity has such a board or election officer. (4) 'Elector' means any person who possesses all of the qualifications for voting
now or hereafter prescribed by the laws of this state and who has was registered in accordance with Chapter 2 or 3 of this title in the last general or special election for the office held by the officer sought to be recalled.
(5) 'Electoral district' means the area in which the electors reside who are qualified to vote for any of the candidates offering for a particular office.
(6) 'Official sponsors' or 'sponsors' means the electors who circulate or file an application for a recall petition who ate were registered and eligible to vote in the feeaU last general or special election for the office held by the officer sought to be recalled and who reside in the electoral district of the officer sought to be recalled."
Section 2. Said chapter is further amended by striking subsections (a), (b), and (f) of Code Section 21-4-5, relating to applications for recall petitions, and inserting in their place new subsections (a), (b), and (f), respectively, to read as follows:
"(a) No application for a recall petition may be filed during the first 180 days or during the last 180 days of the term of office of any public official subject to recall. No person shall be authorized to circulate, sponsor, or sign such application unless such person is an elector of the electoral district of the officer sought to be recalled."
"(b) (1) The application shall include: fH (A) The name and office of the person sought to be recalled; {3} (B) The printed names and signatures of the official sponsors, the date
signed, residence addresses, and the name of the county of residence; and {} (C) The designation of one of the sponsors as the petition chairman who
shall represent the sponsors on all matters pertaining to the recall application and petition; 7
(D) The specific reason or reasons advanced by the sponsors for support of the recall. Such reason or reasons shall be limited to not more than six lines on the application and shall be typed, printed, or reproduced by the election superintend ent on the face of each application issued; and
(E) An affidavit that each person circulating, sponsoring, or signing such recall application is an elector of the electoral district of the officer sought to be recalled. (2) Applications shall be issued by the election superintendent who shall assign a number to each application. Such number shall appear on the face of each application. The election superintendent shall keep records of applications issued, including the date of issuance and number assigned. (3) The official application forms shall be printed by the office of the Secretary of State in substantially the form prescribed in this subsection, and distributed to election superintendents."

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"(f) (1) No application for a recall petition shall be accepted for verification if more than 30 days have elapsed since the application forms were issued to the sponsors.
(2) On receipt of the application, the election superintendent shall determine the legal sufficiency of the application and determine if the signers are qualified electors eligible to sign the application. The election superintendent is granted unrestricted authority to examine the registration records maintained by the board of registrars^ to receive evidence and testimony, and to require the personal appearance of any person signing such application for the purpose of making such determination. If the election superintendent finds that any signer is not a qualified elector eligible to sign the application, such signature shall not be counted in determining whether the appli cation contains a sufficient number of signatures as required by law. The nullification of a signature on an application shall not affect the validity of other signatures con tained in such application. The election superintendent shall certify the legal suffi ciency or insufficiency of the application for a recall petition within five days after receiving the application, excluding Saturdays, Sundays and legal holidays] provided, however, that the judge of the superior court may, upon proper application and good cause shown, grant an additional period of time not to exceed 15 days for the election superintendent to verify the application."
Section 3. Said chapter is further amended by adding a new subsection at the end of Code Section 21-4-6, relating to the form of recall petitions, to be designated subsection (c), to read as follows:
"(c) Each recall petition shall contain a statement specifically designating the name and office of the official sought to be recalled and a statement of not more than six lines on such petition of the reasons for such recall. Such statements shall be the same state ments as provided for on the application for such recall petition. Such statements shall be written or printed on each petition and each signer must read, or be read, such state ments."
Section 4. Said chapter is further amended by striking subsection (a) of Code Section 21-4-7, relating to circulating and signing recall petitions, and inserting in its place a new subsection (a) to read as follows:
"(a) All signers of a single recall petition shall be electors who are registered and eli gible to vote in the recall election and who reside in the electoral district of the officer sought to be recalled. When a petition for the recall of a public official is circulated in more than one county, each sheet of the petition shall bear the name of the county in which it is circulated, and only electors of the designated county may sign such sheet. No recall petition shall be circulated or signed by any person in any location where alco holic beverages are sold or served."
Section 5. Said chapter is further amended by striking Code Section 21-4-10, relating to the legal sufficiency of a recall petition, and inserting in its place a new Code Section 21-4-10 to read as follows:
"21-4-10. (a) The election superintendent shall be responsible for determining the legal sufficiency of the recall petition within 30 days after it has been submitted to him; provided, however, that in cases where more than one recall petition js subject to review for verification, the election superintendent shall be responsible for determining the legal sufficiency of any recall petition within 45 days after it has been submitted to him. The election superintendent or his designee is granted unrestricted authority to examine the registration records maintained by the board of registrarsz to receive evidence and testimony, and to require the personal appearance of any person signing such recall peti tion for the purpose of determining if the signers are qualified electors eligible to sign the recall petition. If the election superintendent shall not be reasonably able to ascer tain that any signature is that of a qualified elector eligible to sign the recall petition, such signature shall not be counted in determining whether the petition contains a suffi cient number of signatures as required by law. The nullification of a signature on any sheet of the recall petition shall not affect the validity of other signatures contained on such sheet.

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(b) A recall petition shall not be accepted for verification for a state-wide office if more than 130 90 days have elapsed since the date the official recall petition forms were issued to the sponsors, nor shall the recall petition be accepted for any other office if more than 90 30 days have elapsed since the date the official recall petition forms were issued to the sponsors.
(c) No recall petition shall be amended, supplemented, or returned after it has been accepted by the election superintendent for verification.
(d) Within five days, excluding Saturday, Sunday Saturdays, Sundays, and legal holi days, after the election superintendent has certified the legal sufficiency of a petition, he shall immediately notify the Governor or the appropriate official, who shall call the recall election as provided in Code Section 21-4-12.
(e) Upon certifying the legal sufficiency or insufficiency of a recall petition, the elec tion superintendent shall immediately notify the petition chairman and the officeholder in writing of the results and officially file the petition."
Section 6. Said chapter is further amended by striking Code Section 21-4-13, relating to the filing of subsequent recall petitions against officers following recall elections, and inserting in its place a new Code Section 21-4-13 to read as follows:
"21-4-13. (a) After a recall petition and election, no further recall petition shall be filed against the same officer until at least six months have elapsed from the date of the previous recall election; and any other recall petitions outstanding on the date of the recall election shall be void.
(b) If the election superintendent finds that a recall petition is insufficient and fails to verify the same, no further application for a recall petition shall be filed against the same officer until at least six months have elapsed from the date of the denial of such recall petition; provided, however, that such finding of insufficiency shall not bar the verification of any other recall petition which is available for signature or pending veri fication at the time of such finding of insufficiency."
Section 7. Said chapter is further amended by striking Code Section 21-4-15, relating to campaign and financial disclosure requirements with respect to recall petitions, and inserting in it place a new Code Section 21-4-15 to read as follows:
"21-4-15. Any sponsors circulating petitions person sponsoring or opposing a recall petition under this chapter shall be subject to Chapter 5 of this title, the 'Ethics in Government Act,' in the same manner as candidates; and the petition chairman shall file the reports required to be filed under said chapter and shall be subject to the same restrictions, qualifications, and provisions contained in such chapter."
Section 8. This Act shall become effective on January 1, 1988.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Isakson of the 21st moves to amend the House Committee on Govern mental Affairs substitute to SB 27 by inserting following "requirements;" on line 6 of page 2 the following:
"to provide for a time as of which the eligibility will be determined as to certain sig natures;".
By striking from lines 6 and 7 of page 1 the following:
"of the electoral district of the officer sought to be recalled",
and inserting in its place the following:
"or sponsor as defined in Code Section 21-4-3".
By striking from lines 9 through 12 of page 3 the following:

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2121

"who has was registered in accordance with Chapter 2 or 3 of this title in the last gen eral or special election for the office held by the officer sought to be recalled.",
and inserting in its place the following:
"who has registered in accordance with Chapter 2 or 3 of this title."
By striking from lines 2 and 3 of page 4 the following:
"of the electoral district of the officer sought to be recalled.'",
and inserting in its place the following:
"or sponsor as defined in Code Section 21-4-3.'"
By inserting between lines 18 and 19 of page 9 the following:
"Section 8. Said chapter is further amended by adding after Code Section 21-4-17 a new Code section to read as follows:
'21-4-17.1. An elector's eligibility to sign an application for a recall petition or a petition for recall shall be determined as of the date immediately preceding the date the application or petition is signed by that elector.'"
By redesignating Sections 8 and 9 as Sections 9 and 10, respectively.

Representative Bray of the 91st moves to amend the House Committee on Govern mental Affairs substitute to SB 27 by deleting from line 29 of page 1 and line 1 of page 2 the following:
"to change the provisions relating to the period during which a recall petition will be accepted;".
By striking from line 30 of page 7 the following:
"426 90",
and inserting in its place the following: "120".
By striking from line 34 of page 7 the following:
"99 30",
and inserting in its place the following: "90".

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
Alford Y Alien Y Athon Y Atkins

Y Bailey Y Balkcom Y Bannister Y Bargeron N Barnett,B Y Barnett,M YBeck
Benefield

YBenn
Y Birdsong Bishop
Y Bostick Y Branch
Bray Y Brooks Y Brown

YBuck Y Buford
YByrd Carrell Carter
Y Chambless Y Chance
Cheeks

Y Childers Y Childs Y Clark.B
Y Clark.L Colbert
Y Coleman Y Colwell
Connell

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Y Cooper
Y Couch Coi
Y Crawford Y Crosby Y Cummings
Davis,G Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn
Y Edwards Y Felton
Y Floyd Y Foster YGaler YGodbee Y Goodwin Y Green Y Greene
Greer
Y Gresham Griffin
Y Groover Y Hamilton Y Manner Y Harris

Y Hasty
YHays Y Heard Y Hensley Y Herbert Y Hokomb Y Holmes Y Hooks Y Hudson Y Isakson
Y Jackson,J Y Jackson,W Y Jamteson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane,D
Y Lane,R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder
Long YLord
Lucas

Y Lupton Y Mangum
Martin Y McDonald Y McKelvey
McKinney Milam Y Milford Y Mobley Y Moody Y Moore Y Morton
Mostiler Y Moultrie
Y Mueller Y Oliver
Orrock Y Padgett Y Pannell YParham Y Parrish
Patten Y Peters Y Pettit
Phillips Pinkston Y Pittman Y Porter

Y Powell Y Prichard Y Rainey
Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
YRay Y Reaves
Y Redding Y Richardson Y Ricketson
Robinson.C Robinson,P Y Royal
Y Selman Y Shepard Y Sherrod
Y Simpson Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smith,W YSmyre YSnow Y Stancil

Y Stanley Steinberg
Y Stephens Thomas.C
Y Thomas.M Y Thompson
Y Thurmond Y Townsend Y Triplett N 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
Wilson Y Wood Y Workman Y Yeargin
Young Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 145, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

The Speaker assumed the Chair.

Representative Walker of the 115th arose to a point of personal privilege and addressed the House.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 191. By Representatives Kilgore of the 42nd, Dover of the llth, Benefield of the 72nd, Lee of the 72nd, Bailey of the 72nd 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.

The Speaker again ruled that the Senate substitute to HB 191 was not germane.

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 180 Do Pass SB 285 Do Pass, as Amended

SB 342 Do Pass SB 315 Do Pass, by Substitute

MONDAY, MARCH 9, 1987

2123

Respectfully submitted, /s/ Childers of the 15th
Chairman

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

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

SB 132 Do Pass, by Substitute SB 133 Do Pass, by Substitute SB 200 Do Pass

SB 227 Do Pass, by Substitute SB 256 Do Pass, by Substitute

Respectfully submitted, /s/ Thomas of the 69th
Chairman

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

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

HB 563. By Representatives Dover of the llth, Kilgore of the 42nd, Watson of the 114th, Hooks of the 116th, Foster of the 6th and others:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Anno tated, relating to the levy by counties and municipalities of an excise tax on charges to the public on rooms, lodgings, or accommodations, so as to increase the maximum rate of such taxes so long as a certain portion of the total taxes are used for certain purposes; to change the limitation on the maximum aggregate amount of taxes which under certain conditions may be levied.

The Senate insists on its substitute to the following Bills of the House:

HB 10. By Representatives Lucas of the 102nd, Coleman of the 118th, Hanner of the 131st and Ramsey of the 3rd:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification for law enforcement officers, firemen, and prison guards who are killed or permanently disabled in the line of duty, so as to provide the same indemnification with respect to publicly employed emergency medical technicians who are killed or permanently dis abled in the line of duty after a certain date.

HB 269. By Representative Wilder of the 21st:
A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Anno tated, relating to cosmetologists, so as to authorize the performance of cos metology services in locations other than a licensed beauty shop or salon in

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certain cases where clients are unable to go to such shop or salon for reasons of ill health, infirmity, or other physical disability.

HB 290. By Representative Pettit of the 19th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings generally, so as to grant exclusive original jurisdiction in the juvenile court 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 Senate has agreed to the House substitute as amended by the Senate, to the following Bill of the Senate:

SB 159. By Senators Scott of the 2nd, Albert of the 23rd and Langford of the 35th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish the State Children's Trust Fund and the State Children's Trust Fund Commission; to provide a short title; to define certain terms; to provide for the membership of the State Children's Trust Fund Commission and its powers and compensation.

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

SB 96. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-12 of the Official Code of Georgia Anno tated, relating to licensing and inspection of private and public child welfare agencies and facilities, so as to prohibit the Department of Human Resources from regulating the curriculum taught in group day-care homes or day-care centers; to require persons who operate group day-care homes and day-care centers to post telephone numbers of the nearest or applicable providers of emergency medical, fire, or police services.

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 264. By Senators Langford of the 35th, Engram of the 34th and Scott of the 36th:
A bill to amend Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notice to produce evidence, so as to provide witness fees for arson investigators; to provide an effective date.

The President has appointed on the part of the Senate the following: Senators Langford of the 35th, Garner of the 30th and Engram of the 34th.

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 198. By Senator Deal of the 49th:

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2125

A bill to amend Code Section 15-10-3 of the Official Code of Georgia Anno tated, relating to oath and commissions of magistrates, constables, and clerks of magistrate courts, and Article 2 of Chapter 3 of Title 45 of the Official Code of Georgia Annotated, relating to commissions of public officers, so as to provide that commissions of officers of the magistrate courts shall be under the seal of the Governor and shall be issued by the office of the Secre
tary of State.

The President has appointed on the part of the Senate the following: Senators Deal of the 49th, Hine of the 52nd and Baldwin of the 29th.

The Senate insists on its substitute to the following Bill of the House:

HB 289. By Representative Pettit of the 19th:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Anno tated, relating to the jurisdiction of municipal courts, so as to authorize the municipal courts to try and dispose of a first offense violation of Code Section 3-3-21, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age.

The Senate insists on its amendment to the following Bill of the House:

HB 1070.

By Representatives Triplett of the 128th, Johnson of the 123rd, Mueller of the 126th, Alien of the 127th and Hamilton of the 124th:
A bill to amend an Act creating the office of Chatham County Tax Commis sioner, so as to provide that the Commissioners of Chatham County shall pay the costs of any supplies, equipment, and employees necessary for perfor mance of the tax commissioner.

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

HB 455. By Representatives Lee of the 72nd, Couch of the 40th and Benn of the 38th:
A bill to amend Code Section 6-3-25 of the Official Code of Georgia Anno tated, relating to powers of political subdivisions as to the operation of air ports, so as to provide that such political subdivisions shall have the authority to lease portions of such property for an initial term of up to 50 years to private parties for development of such property for all airport and travel related purposes.

The Senate adheres to its disagreement to the House amendments and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 119. By Senators Barnes of the 33rd, Dean of the 31st and McKenzie of the 14th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to revenue and taxation, generally, so as to provide criminal penalties for the evasion or attempted evasion of any tax, fee, license, pen alty, interest, or other amount imposed under Title 48; to provide an effec tive date.

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JOURNAL OF THE HOUSE,

The President has appointed on the part of the Senate the following: Senators Barnes of the 33rd, McKenzie of the 14th and Dean of the 31st.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 191. By Representatives Kilgore of the 42nd, Dover of the'llth, Benefield of the 72nd, Lee of the 72nd, Bailey of the 72nd 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.

The President has appointed on the part of the Senate the following: Senators Coleman of the 1st, Kennedy of the 4th and Kidd of the 25th.

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

SR 223. By Senators Allgood of the 22nd and Kennedy of the 4th: A resolution relative to adjournment.

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, MARCH 10, 1987

2127

Representative Hall, Atlanta, Georgia Tuesday, March 10, 1987

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 John Alien, Pastor, First Baptist Church, Manchester, Georgia.
Representative Balkcom of the 140th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 1152. By Representatives Twiggs of the 4th, Colwell of the 4th, Griffin of the 6th, Dover of the llth, Dobbs of the 74th and others: A bill to amend Code Section 20-2-164 of the Official Code of Georgia Anno tated, relating to the local fair share of funding under the "Quality Basic Education Act", so as to change the provisions relating to the limitation on local fair share funds.
Referred to the Committee on Education.
HB 1153. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to provide for homestead exemptions from Newton County and Newton County School District ad valorem taxation; to provide for defini tions; to provide for entitlement to certain homestead exemptions.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1154. By Representatives Wilder of the 21st, Selman of the 32nd, Clark of the 55th, Isakson of the 21st and Steinberg of the 46th:

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A bill to amend Code Section 15-9-60 of the Official Code of Georgia Anno tated, relating to costs of the judge of the probate court, so as to provide that the governing authority of a county may impose an additional fee for issuance of a marriage license.
Referred to the Committee on Judiciary.

HB 1155. By Representatives Alien of the 127th and Thomas of the 69th:
A bill to amend Article 5 of Chapter 12 of Title 47 of the Official Code of Georgia Annotated, relating to appointment as district attorneys emeritus and their compensation and duties, so as to change the salary of certain dis trict attorneys emeritus.
Referred to the Committee on Judiciary.

HB 1156. By Representatives Murphy of the 18th, Thomas of the 69th, Simpson of the 70th, Watts of the 41st, Cummings of the 17th and others:
A bill to create the West Georgia Regional Water Authority and to authorize such authority to acquire or construct a regional water supply reservoir, oper ate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and other related facilities to individu als, public and private corporations, and municipal corporations.
Referred to the Committee on State Planning & Community Affairs.

HB 1157. By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to amend an Act providing for the election of the members of the Board of Education of Charlton County, so as to provide for the election of members of the board from districts by the residents of such districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1158. By Representative Lord of the 107th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related insti tutions, so as to forbid certain hospitals and birthing centers from prohib iting certain midwives and nurse midwives from practicing midwifery in those hospitals and birthing centers.
Referred to the Committee on Health & Ecology.

HB 1159. By Representative Chance of the 129th:
A bill to amend an Act incorporating the City of Riceboro in Liberty County, so as to change the territorial boundaries of the City of Riceboro.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1160. By Representative Kilgore of the 42nd:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Anno tated, relating to fees and taxes on insurance companies, so as to change the date of collection and distribution of insurance premiums taxes; to require revenues received by a county to be expended on services to inhabitants of the unincorporated areas of the county.
Referred to the Committee on Ways & Means.

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HB 1161. By Representatives Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th, Porter of the 119th, Walker of the 85th and others:
A bill to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances in civil cases, so as to provide for the continuance of a civil case when an attorney who is a registered agent for legislative purposes is occupied in aid of the business of the General Assembly; to amend Article 2 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to continuances in criminal cases, so as to pro vide similarly for such continuance by a registered agent in a criminal case.
Referred to the Committee on Judiciary.

HB 1162. By Representative Pannell of the 122nd:
A bill to amend Part 4 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to powers of trust companies, so as to change the requirements relating to fiduciary funds awaiting investment or distribution.
Referred to the Committee on Banks & Banking.

HB 1163. By Representative Pannell of the 122nd:
A bill to amend Article 2 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to costs, compensation, and liabilities of guard ians and sureties, so as to authorize certain additional commissions to guard ians and trustees.
Referred to the Committee on Judiciary.

HR 416. By Representatives Twiggs of the 4th, Colwell of the 4th, Dover of the llth and Dobbs of the 74th:
A resolution proposing an amendment to the Constitution to provide for the imposition of a state-wide sales and use tax of two percent, the proceeds of which shall be used exclusively for educational purposes prior to the college or postsecondary level.
Referred to the Committee on Ways & Means.

HR 419. By Representatives Wilder of the 21st, Colbert of the 23rd and Isakson of the 21st:
A resolution urging the President and the Congress of the United States to support an amendment to the United States Constitution requiring a bal anced budget for the federal government and urging the continued imple mentation of the recommendations of the Grace Commission.
Referred to the Committee on Rules.

HR 420. By Representatives Hamilton of the 124th and Shepard of the 71st:
A resolution proposing an amendment to the Constitution so as to authorize the Department of Revenue to develop appropriate language for the state income tax form to offer a taxpayer the opportunity to make an additional contribution over and above any amount of tax owed by such taxpayer and to allow the taxpayer to designate the department, agency, office, or program to which such money is contributed.
Referred to the Committee on Ways & Means.

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HR 455. By Representative Hamilton of the 124th:
A resolution proposing an amendment to the Constitution so as to provide that all moneys derived from motor fuel taxes shall be paid into the state treasury and shall be a part of general state funds and such funds shall not be automatically allocated and appropriated to the Department of Trans portation or counties of this state for the construction and maintenance of public roads in this state.
Referred to the Committee on Ways & Means.

By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:

HB 1166. By Representative Wilder of the 21st:
A bill to amend Code Section 40-5-22 of the Official Code of Georgia Anno tated, relating to minimum age requirements and disqualifications for issu ance of drivers' licenses, so as to provide that no person who has been convicted of any crime in this state punishable as a misdemeanor while under the influence of alcohol or any drug or the combined influence of alco hol and any drug shall be authorized to apply for a driver's license until such person is at least 17 years of age.
Referred to the Committee on Motor Vehicles.

HB 1167. By Representative Wilder of the 21st:
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 provide for the seizure and sale of the uninsured motor vehicle of a person who has been convicted of a third or subsequent violation of oper ating a motor vehicle without insurance.
Referred to the Committee on Motor Vehicles.

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

HB 1149 HB 1150 HB 1151

SB 390 SB 392 SR 184

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 22 Do Pass, by Substitute
HR 47 Do Pass, by Substitute HR 175 Do Pass HR 283 Do Pass

HR 412 Do Pass, by Substitute
HR 413 Do Pass SR 92 Do Pass, by Substitute SR 126 Do Pass, by Substitute

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

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Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 386 Do Pass SB 165 Do Pass
Respectfully submitted, /s/ Adams of the 36th
Chairman

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

HOUSE RULES CALENDAR TUESDAY, MARCH 10, 1987
Mr. Speaker and Members of the House:
The House Committee on Rules has set the calendar for this thirty-ninth Legislative Day as enumerated below:
SB 42 Dogs: Failure to Keep Under Control: Misdemeanor SB 106 Sheriffs: Minimum Salary SB 132 Workers' Comp.: Partial Dependency: Termination SB 133 Workers' Comp.: Occupational Disease: Amend Provisions SB 140 Torts: Product Liability: Certify Manufacturer SB 170 Courts: Certain Officials: Vacancy Requirements SB 179 Education: Amend Code Provisions SB 196 Civil Actions: Attorney Fees: Magistrate Courts SB 200 Magistrate Courts: Appeals SB 209 Cocaine/Crack: Trafficking: Penalty SB 215 Juvenile Courts: Felony Acts: Definition SB 256 Contracts: Bad Checks: Treble Damages SB 263 Atlanta City of: Contract Exceeding 50 years: Mayor's Authority SB 266 Handicapped Parking: Designation: Erect Signs SB 274 Probate Court: Judges: Requirements/Eligibility SB 278 Fair Bus. Practices: Consumer Transactions: Definition SB 315 Emergency Medical Service: Amend Provisions SB 342 Hospital Authority Law: Definition of Project: Include Ins.
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 Senate were taken up for consider ation and read the third time:

SB 165. By Senator Tysinger of the 41st:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the General Assembly to provide by law for the form of government of DeKalb County

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and to provide for the various officers, bodies, branches, departments, or agencies by and through which the county's governmental powers shall be exercised; to provide the authority for this Act.

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

SB 386. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, as amended, so as to provide that the city shall have and shall be authorized to exercise all redevelopment powers and other powers which are granted or authorized to be granted to municipalities pursuant to the "Redevelopment Powers Law," Chapter 44 of Title 36 of the Official Code of Georgia Annotated, 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.

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 349. By Representative Porter of the 119th:
A bill to amend an Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, so as to change the corporate limits of the city.

HB 667. By Representatives Alford of the 57th, Richardson of the 52nd, Childs of the 53rd, Williams of the 54th, Redding of the 50th and others:
A bill to repeal specifically an Act creating the DeKalb County Airport Authority.

HB 992. 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 a new charter for the City of Morrow, so as to change the terms of office of the mayor and councilmen and for other purposes.

HB 1045. By Representative Mobley of the 64th:
A bill to amend an Act re-creating and establishing a Board of Commis sioners of Barrow County, so as to change the composition of the board.

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HB 1051.

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 a new charter for the City of Riverdale, so as to change the corporate limits of said city.

HB 1081.

By Representative Heard of the 43rd:
A bill to amend an Act creating a new charter for the City of Tyrone, so as to change the term of the mayor pro tern; to change provisions relating to filling vacancies in the offices of mayor and councilmen.

HB 1082.

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 1083.

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 change the compensation of the deputy clerk of said court; to change the compensation of the judge and solicitor of said court.

HB 1085.

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 compensation of the chairman and other mem bers of the board.

HB 1086.

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.

HB 1087.

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.

HB 1088.

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 known as the "Clayton County Civil Service System Act", so as to change the provisions relating to the compensation of the members of the civil service board.

HB 1097.

By Representative Reaves of the 147th:
A bill to amend an Act creating a new charter for the City of Lake Park, so as to change the provisions relating to and to provide for the corporate limits of said city.

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HB 1098.

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 Clayton County Water Authority, so as to change the compensation of the chairman, secretary, and other members of the authority.

HB 1103.

By Representative Smith of the 78th:
A bill to amend an Act creating the board of commissioners of Butts County, so as to change certain provisions relating to the election of the five-member board of commissioners and remove certain provisions relating to voting pre cincts.

HB 1105.

By Representative Peters of the 2nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Catoosa County Development Authority.

HB 1106.

By Representative Peters of the 2nd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment providing for sewage dis tricts for the County of Catoosa.

HB 1111.

By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to amend an Act making provisions for the Magistrate Court of Houston County, so as to provide for the collection of additional costs in cases before the Magistrate Court of Houston County as law library fees.

HB 1112.

By Representatives Walker of the 115th, Waddle of the 113th and Watson of the 114th:
A bill to amend an Act creating and establishing the State Court of Houston County, so as to change the provisions relating to costs in civil cases in said court.

HB 1122. By Representatives Bailey of the 72nd, Benefield of the 72nd, Johnson of the 72nd, Holcomb of the 72nd and Lee of the 72nd:
A bill to create the Clayton County Tourism Authority.

HB 1128.

By Representatives Brown of the 88th, Cheeks of the 89th, Padgett of the 86th, Connell of the 87th and Walker of the 85th:
A bill to amend an Act regulating public instruction in Richmond County, so as to change the compensation of the members and officers of the Board of Education of Richmond County.

HB 193. By Representative Watson of the 114th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the health insurance plan for state employees, so as to change the definition of the term "employee" to exclude certain employees of the Jekyll Island-State Park Authority.

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HB 267. By Representatives Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and Mangum of the 57th:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education so as to provide for boards of directors for postsecondary vocational-technical schools; to provide for the compensation and other bene fits of employees of postsecondary vocational-technical schools; to provide for inclusion of employees of postsecondary vocational-technical schools in the state merit system.

HB 422. By Representatives Johnson of the 123rd, Triplett of the 128th, Hamilton of the 124th, Kilgore of the 42nd, Hays of the 1st and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Anno tated, relating to authorization and general requirements for the transaction of insurance, so as to change the provisions relating to simplification of lan guage and reading ease standards for policies, certificates, and coverage booklets; to provide for standards for all insurance policies, certificates, and coverage booklets issued, delivered, or issued for delivery in this state on or after January 1, 1988.

HB 463. By Representative Lawler of the 20th:
A bill to amend Code Section 12-12-10 of the Official Code of Georgia Anno tated, relating to license requirements under the "Georgia Asbestos Safety Act", so as to exempt certain persons licensed under Title 43 of this Code from the license requirements and other provisions of the "Georgia Asbestos Safety Act".

HB 582. By Representatives Milam of the 81st and Ware of the 77th:
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 a definition of "direct response insurance business"; to provide that foreign or alien insurers who conduct direct response insurance business in this state shall be required to maintain a licensed agent resident in this state; to require such insurers to maintain an office within this state or provide collect or toll free telephone service to policyholders.

HB 607. By Representatives Martin of the 26th, Benn of the 38th, Sinkfield of the 37th, Greer of the 39th, Thomas of the 31st and others:
A bill to amend an Act creating county building authorities in counties hav ing a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, so as to increase the amount of bonds which may be issued by such authorities.

HB 618. By Representatives Hasty of the 8th, Bostick of the 138th, Yeargin of the 14th, Barnett of the 10th and Birdsong of the 104th:
A bill to amend Code Section 45-17-8 of the Official Code of Georgia Anno tated, relating to powers and duties of notaries public, so as to provide that the certification or signature of a notary public shall not be evidence to show that the notary public had knowledge of the contents of the document certi fied or signed, with certain exceptions.

HB 654. By Representatives Mueller of the 126th, Barnett of the 59th, Bannister of the 62nd, Goodwin of the 63rd, Shepard of the 71st and others:

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A bill to amend Code Section 21-2-132 of the Official Code of Georgia Anno tated, relating to filing notice of candidacy and payment of qualifying fees, so as to provide that no candidate shall be authorized to file a pauper's affi davit in lieu of paying certain qualifying fees unless such candidate has filed a qualifying petition.

HB 657. By Representatives Pannell of the 122nd and Robinson of the 96th:
A bill to amend Article 6 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to trials under the "Georgia Civil Practice Act", so as to provide under what conditions findings of fact and conclusions of law must accompany the judgment of a court of record.

HB 742. By Representatives Hanner of the 131st and Chambless of the 133rd:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to records checks of employees of day-care cen ters, so as to change definitions.

HB 812. By Representatives Bannister of the 62nd, Barnett of the 59th, Wood of the 9th, Jackson of the 9th, Lawson of the 9th and others:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Anno tated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that the governing authorities of cer tain counties and municipalities may authorize the sale of alcoholic beverages during certain hours on Sundays.

HB 815. By Representatives Adams of the 79th and Buck of the 95th:
A bill to amend Code Section 20-3-102 of the Official Code of Georgia Anno tated, relating to exemptions from the "Postsecondary Educational Authori zation Act of 1978", so as to change the provisions relating to the exemption for fully accredited liberal arts colleges and universities.

HB 954. By Representatives Dunn of the 73rd and Ware of the 77th:
A bill to amend Code Section 33-24-6 of the Official Code of Georgia Anno tated, relating to the requirement of consent of an insured to the effectuation of an individual life or accident and sickness insurance policy, so as to allow a publicly owned corporation to effectuate insurance upon its employees in whom it has an insurable interest without the application or written consent of the insured.

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

HR 59. By Representative Ramsey of the 3rd:
A resolution re-creating the Hazardous Materials Emergency Response Advi sory Council.

HR 194. By Representatives Thomas of the 69th, Pannell of the 122nd, Pettit of the 19th and Chambless of the 133rd:
A resolution relative to a study of the Georgia Law of Evidence by the State Bar of Georgia.

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HR 249. By Representatives Murphy of the 18th, Harris of the 84th, Groover of the 99th, Walker of the 115th, Edwards of the 112th and others:
A resolution authorizing the placing of a portrait of Honorable Randall Evans, Jr., in the State Capitol Building.

HR 280. By Representative Walker of the 115th:
A resolution authorizing the conveyance of certain state owned property to the City of Perry.

HR 298. By Representatives Hays of the 1st, Wood of the 9th, Connell of the 87th, Walker of the 115th, Peters of the 2nd and others:
A resolution providing for the Joel E. Scott Building at the Georgia War Vet erans Nursing Home.

HR 349. By Representative Murphy of the 18th:
A resolution recognizing and commending Georgia recipients of the Medal of Honor.

HR 56. By Representative Mueller of the 126th: A resolution compensating Ms. Allene Persons.

HR 58. By Representatives Cummings of the 17th and Murphy of the 18th: A resolution compensating Mr. Thomas Dowden Wray.

HR 218. By Representative Padgett of the 86th: A resolution compensating Mr. Dorian Patrick Wells, Jr..

HR 254. By Representative Bannister of the 62nd: A resolution compensating Mr. Bryan Todd Fitzgerald.

HR 265. By Representative Ricketson of the 82nd: A resolution compensating Mr. William E. Wilder.

HR 270. By Representative Randall of the 101st:
A resolution compensating Mrs. Frans Reid on behalf of Loverne Terrell Matlock.

The Senate has adopted the report of the Committee of Conference on the following Bills of the House:

HB 17. By Representatives Thomas of the 69th, Chambless of the 133rd, Pannell of the 122nd and Waldrep of the 80th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions affecting jails, so as to declare unlawful the possession by a jail inmate of any controlled substance, dangerous drug, marijuana, alcoholic beverage, gun, pistol, or weapon without the knowledge and consent of the jailer; to provide definitions.

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HB 226. By Representatives Murphy of the 18th, McDonald of the 12th, Smyre of the 92nd, Benefield of the 72nd, Lawson of the 9th and others:
A bill to make and provide appropriations for the state fiscal year beginning July 1, 1987, and ending June 30, 1988.

HB 508. By Representatives Ware of the 77th, Wood of the 9th, Workman of the 51st, Lawson of the 9th and Colbert of the 23rd:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Anno tated, relating to the regulation of insurance rates and rate making, so as to authorize the Commissioner of Insurance to approve property or casualty insurance rates, policies, or contracts prior to their use upon a determination that a lack of competition or availability exists.

The Senate insists on its amendment to the following Resolution of the House:

HR 109. By Representatives Redding of the 50th, Robinson of the 58th, Richardson of the 52nd, Steinberg of the 46th, Williams of the 54th and others:
A resolution creating the DeKalb County Government Study Commission.

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

HB 107. By Representative Richardson of the 52nd:
A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Anno tated, relating to consent for surgical or medical treatments, so as to provide for consent to the drawing and testing of fluid samples and the consequences thereof; to provide for the disclosure of information obtained as a result of consented to health care treatment, care, testing, or examination.

HB 170. By Representatives Cox of the 141st, Long of the 142nd, Reaves of the 147th, Patten of the 149th, Bostick of the 138th and others:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weights of vehicles and loads, so as to change certain length limitations for vehicles; to change certain length limitations for vehicles operating with special permits.

HB 462. By Representatives Milam of the 81st, Ware of the 77th, Bostick of the 138th, Rainey of the 135th, Richardson of the 52nd and others:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related insti tutions, so as to provide that neither a medical facility nor a licensed medical practitioner shall prohibit a person from providing blood donors to furnish blood which may be needed by such person in previously scheduled surgery or medical treatment.

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

HB 263. By Representative Watson of the 114th:

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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 a franchisor to honor the transfer of a dealership by or through sale, a gift, a will, or the laws of descent and distribution, provided that the purchaser or successor meets the usual and customary conditions and requirements of a dealer as prescribed in writing by the franchisor.

The Senate has agreed to the House amendment to the Senate substitute to the following Bills of the House:

HB 198. By Representatives Pannell of the 122nd, Steinberg of the 46th, Connell of the 87th, Hooks of the 116th, Chambless of the 133rd and others:
A bill to amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to the unlawful reproduction and sale of recorded material, so as to provide definitions; to declare unlawful the sale, rental, loan for monetary consideration, or other dissemination of a video movie unless the official rating is prominently displayed on the covering.

HB 35. By Representative Clark of the 55th:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Anno tated, relating to bonds and recognizances, so as to provide for additional conditions for the release of a surety from liability; to provide for certain persons to whom a principal may be surrendered; to provide for conditions of forfeiture of certain appearance bonds.

The Senate has agreed to the House substitutes to the following Bills and Resolution of the Senate:

SB 10. By Senator Tolleson of the 32nd:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Anno tated, relating to regulation of fire and other hazards, so as to provide for placement of smoke or products of combustion detectors in new single-family and multifamily residential construction; to provide for rules and regulations.

SB 31. By Senator Peevy of the 48th:
A bill to amend Code Section 33-34-4 of the Official Code of Georgia Anno tated, relating to certain motor vehicle insurance minimum required cover age, so as to provide that certain coverage for loss of income or earnings shall not be required if such owner is a retired person.

SB 33. By Senator Peevy of the 48th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions regarding local government, so as to pro vide for criminal penalties in certain cases where garbage, trash, waste, or refuse is transported across state or county boundaries for the purpose of dumping without permission.

SB 339. By Senator Barnes of the 33rd:
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 seven the number of judges for the Cobb Judicial Circuit;

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to provide for the selection and term of such judge; to provide for the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the county comprising said circuit.

SB 361. By Senator Dawkins of the 45th:
A bill to amend Code Section 33-27-1 of the Official Code of Georgia Anno tated, relating to requirements for group life insurance policies, so as to delete requirements that certain group life insurance policies may be placed in force only if a certain percentage of the eligible employees elects to make the required contributions to the premium.

SR 70. By Senator Hine of the 52nd:
A resolution creating the Joint Study Committee on Residential High Schools for the Arts.

The Senate has agreed to the House amendments to the following Bill and Resolution of the Senate:

SB 189. By Senators Dawkins of the 45th and Hine of the 52nd:
A bill to amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to abuse of governmental office, so as to change certain provisions relating to receiving funds or other things of value to enforce penal laws or regulations; to authorize the solicitation or acceptance of equipment or funds by certain law enforcement officers to be used for cer tain law enforcement purposes.

SR 109. By Senator Kidd of the 25th: A resolution creating the Joint Adoption Study Committee.

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

HB 294. By Representatives Coleman of the 118th, Jackson of the 9th, McDonald of the 12th and Hanner of the 131st:
A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to provide that the Georgia State Patrol shall make certain unmarked pursuit vehicles avail able to the Georgia Public Safety Training Center to be used for training public safety officers.

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

HB 625. By Representatives Brown of the 88th, Randall of the 101st, Groover of the 99th, Bostick of the 138th, Pettit of the 19th and others:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the recovery of child support, so as to author ize the Department of Human Resources to request from certain state or local agencies or private employers certain information regarding persons owing or allegedly owing child support.

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The Senate has adopted, as amended, by the requisite constitutional majority the following Resolution of the House:

HR 219. By Representatives Moore of the 139th, Mangum of the 57th, Dover of the llth, Athon of the 57th and Buck of the 95th:
A resolution creating the Joint Educational Assessment Study Committee.

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

SB 27. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia Anno tated, known as the "Public Officers Recall Act," so as to change the defini tions of certain terms; to provide that applications for recall petitions shall be numbered; to require election superintendents to maintain records of applications for recall petitions; to provide time limitations on when applica tions for recall petitions may be accepted for verification.

The Senate adheres to its amendment to the House substitute and has appointed a Committee of Conference on the following Bill of the Senate:

SB 286. By Senator Howard of the 42nd:
A bill to amend Code Section 43-34-37 of the Official Code of Georgia Anno tated, relating to disciplinary sanctions by the Composite State Board of Medical Examiners, so as to require that board to investigate a licensee's fit ness to practice medicine if the board receives certain notifications regarding judgments or settlements relating to medical malpractice claims or relating to the practice of medicine.

The President has appointed on the part of the Senate the following: Senators Hine of the 52nd, Howard of the 42nd and Crumbley of the 17th.

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

HB 539. By Representatives Ware of the 77th and Milam of the 81st:
A bill to create a board of elections and registration in Troup County; to empower said board with the powers and duties of the election superintend ent relating to the conduct of elections.

HB 1099.

By Representative Bannister of the 62nd:
A bill to amend an Act authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, so as to provide that constitutional county officers shall have the authority under certain condi tions to select, employ, and discharge certain personnel.

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

HB 1113. By Representatives Dover of the llth and Jamieson of the llth:

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A bill to amend an Act creating a board of commissioners of White County, so as to recreate the board of commissioners of White County to consist of a chairman and two other members.

HB 1124.

By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A bill to amend an Act abolishing the offices of tax receiver and tax collector of Floyd County and creating in their place the office of tax commissioner of Floyd County, so as to authorize the Board of Commissioners of Floyd County to supplement the compensation of that tax commissioner.

HB 1125.

By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A bill to amend an Act establishing the compensation and allowances for the clerk of the Superior Court of Floyd County and the judge of the Probate Court of Floyd County, so as to authorize the Board of Commissioners of Floyd County to supplement the compensation of such officers.

The following Resolution of the Senate was read:

SR 223. 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 10:00 P.M. on March 10, 1987, and reconvene at 9:30 A.M. on March 12, 1987.

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

Y Aaron Y Adams.G
Y Adams.M YAiken Y Alford Y Alien
Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M
Beck Benefield Benn Y Birdsong Y Bishop
Y Bostick Y Branch
Bray Y Brooks Y Brown Y Buck Y Buford Y Byrd YCarrell 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 Couch Y Cox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon
Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green

Y Greene Y Greer
Y Gresham Y Griffin Y Groover
Hamilton
Hanner Y Harris Y Hasty Y Hays Y Heard Y Hensley Y Herbert Y Holcomb
Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J
Y Jackson.W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence

Y Lawson Y Lee
Y Linder Y Long Y Lord Y Lucas
Y Lupton Y Mangum Y Martin
McDonald Y McKelvey Y McKinney Y Milam
Milford Y Mobley Y Moody Y Moore Y Mortal Y Mostiler
Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit

Y Phillips Pinkston
Y Pittman Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
Ray Y Reaves Y Redding Y Richardson
Ricketson Robinson.C Y Robinson.P Y Royal
Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre

TUESDAY, MARCH 10, 1987

2143

Y Snow Stancil
' Stanley Y Steinberg Y Stephens
Thomas.C

Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs

Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall Y Ware

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

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

On the adoption of the Resolution, the ayes were 155, nays 0. The Resolution was adopted.

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 266. By Senators Engram of the 34th and Garner of the 30th:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, known as the "Handicapped Parking Law," so as to change the manner in which handicapped parking places are desig nated; to provide for implementation.

The following amendment was read and adopted:
The Committee on Motor Vehicles moves to amend SB 266 as follows: Page 2 - line 27: Change "January" to "July"
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams,G
Y Adams,M Y Aiken
Alford
Alien Y Athon Y Atkins
Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M Y Beck Benefield Y Benn Birdsong Y Bishop Y Bostick Y Branch Bray Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Carrell Y Carter Chambless Y Chance
Y Cheeks

Y Childers Y Childs
Y Clark.B N Clark.L Y Colbert
Y Coleman Y Colwell Y Connell Y Cooper Y Couch Y Cox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Edwards Felton Y Floyd Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham
Griffin

Y Groover Y Hamilton
Manner Y Harris Y Hasty
Y Hays Y Heard Y Hensley Y Herbert Y Holcomb
Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Johnson,D Y Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawler Y Lawrence Y Lawson Y Lee Y Linder Y Long Y Lord
Y Lucas

Y Lupton Y Mangum
Y Martin McDonald
Y McKelvey
McKinney Y Milam
Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver
Orrock Y Padgett
Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey
Y Ramsey.T

Y Ramsey.V Y Randall
Y Ransom Y Ray Y Reaves
Y Redding Y Richardson Y Ricketson
Robinson.C Y Robinson,? Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L
Smith,P Y Smith.T Y Smith,W
Smyre Y Snow
Stancil Y Stanley
Steinberg Y Stephens Y Thomas,C
Thomas.M Y Thompson Y Thurmond
Y Townsend

2144

JOURNAL OF THE HOUSE,

Y Triplet! Y Twiggs Y Waddle YWaldrep

Walker.C Y Walker,L Y Wall
Ware

Y Watson Y Watts
White Wilder

Williams.B Y Williams,J
Wilson Y Wood

Y Workman Y Yeargin Y Young
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 145, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Clark of the 13th stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolution of the House was read and adopted:
HR 456. By Representatives Stephens of the 68th, Carrell of the 65th, Mobley of the 64th, Powell of the 145th, Pittman of the 60th and others: A resolution commending Honorable Thomas B. Murphy.
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 209. By Senators Perry of the 7th, Ray of the 19th and Turner of the 8th:
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 five grams or more of pure cocaine, commonly known as "crack," shall consti tute a crime; to provide for penalties.
The following amendment was read and lost:
Representatives Clark of the 55th and Redding of the 50th move to amend SB 209 as follows:
By striking on line 23, page 1, the sum of "$100,000.00" and inserting in lieu thereof "$10,000.00".
The following amendment was read:

Representative Groover of the 99th moves to amend SB 209 as follows: By striking from lines 18 and 19 the following: "or any mixture containing more than 10 percent of free base cocaine which is not in the salt form".
On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

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

N Alford Y Alien
Y Athon N Atkins

Y Bailey Y Balkcom
N Bannister Y Bargeron

N Barnett,B N Barnett.M
Y Beck N Benefield

Benn N Birdsong
Y Bishop Y Bostick

TUESDAY, MARCH 10, 1987

2145

Y Branch Bray
Y Brooks Y Brown YBuck N Buford NByrd N Carrell N Carter N Chambless Y Chance Y Cheeks N Childers Y Childs Y Clark.B Y Clark.L N Colbert
N Coleman N Cohvell
Connell N Cooper
N Couch YCox Y Crawford N Crosby Y Cummings Y Davis.G N Davis.M Y Dixon NDobbs
Dover NDunn

Y Edwards N Felton N Floyd N Foster Y Galer N Godbee N Goodwin Y Green N Greene Y Greer N Gresham Y Griffin Y Groover Y Hamilton N Hanner Y Harris
N Hasty YHays Y Heard Y Hensley Y Herbert N Holcomb Y Holmes N Hooks N Hudson N Isakson N Jackson,J N Jackson.W Y Jamieson Y Johnson.D N Johnson.R N Kilgore

N Kingston Y Lane.D
N Lane.R Y Langford Y Lawler N Lawrence Y Lawson YLee Y Under YLong NLord Y Lucas Y Lupton
Mangum Y Martin N McDonald N McKelvey
Y McKinney N Milam Y Milford N Mobley Y Moody Y Moore N Morton N Mostiler Y Moultrie N Mueller N Oliver Y Orrock N Padgett N Pannell Y Parham

Y Parrish
Y Patten Y Peters
Pettit Y Phillips
Pinkston
N Pittman Y Porter
N Powell N Prichard
Y Rainey N Ramsey.T N Ramsey.V Y Randall
N Ransom NRay Y Reaves Y Redding N Richardson Y Ricketson
Robinson.C Y Robinson,P N Royal
Selman
N Shepard N Sherrod Y Simpson Y Sinkfield Y Sizemore Y Sraith.L N Smith.P Y Smith.T

On the adoption of the amendment, the ayes were 90, nays 76. The amendment was adopted.

N Smith.W Y Smyre YSnow
Y Stancil Y Stanley N Steinberg Y Stephens Y Thomas.C Y Thomas.M
N Thompson Y Thurmond Y Townsend Y Triplett
Twiggs N Waddle Y Waldrep Y Walker.C N Walker,L N Wall
Ware N Watson N Watts Y White N Wilder
Williams,B Y Williams,J
Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy ,Spkr

Representative Coleman of the 118th moved that the House reconsider its action in adopting the Groover amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron Y Adams.G Y Adams.M N Aiken Y Alford N Alien N Athon N Atkins Y Bailey N Balkcom Y Bannister N Bargeron Y Barnett.B Y Barnett,M NBeck Y Benefield
Benn Y Birdsong N Bishop N Bostick N Branch
Bray N Brooks N Brown NBuck
Y Buford YByrd Y Carrell
Y Carter Y Chambless N Chance N Cheeks Y Childers

N Childs N Clark.B N Clark.L Y Colbert Y Coleman Y Colwell
Connell Y Cooper Y Couch NCox N Crawford
Crosby Y Cummings N Davis.G Y Davis.M Y Dixon Y Dobbs
Dover Y Dunn N Edwards
Felton Y Floyd
Y Foster N Galer Y Godbee N Goodwin Y Green
Greene N Greer Y Gresham Y Griffin N Groover Y Hamilton

Y Hanner N Harris
Y Hasty NHays N Heard N Hensley
Y Herbert Y Holcomb N Holmes Y Hooks N Hudson N Isakson Y Jackson.J Y Jackson.W
N Jamieson N Johnson.D
Y Johnson.R Kilgore
Y Kingston N Lane.D Y Lane.R N Langford N Lawler Y Lawrence N Lawson YLee N Linder N Long YLord
Lucas N Lupton N Mangum N Martin

Y McDonald Y McKelvey N McKinney
Y Milam N Milford Y Mobley N Moody Y Moore Y Morton Y Mostiler N Moultrie Y Mueller Y Oliver N Orrock Y Padgett N Pannell Y Parham Y Parrish N Patten N Peters N Pettit N Phillips
Pinkston Y Pittman
N Porter N Powell
N Prichard N Rainey Y Ramsey.T N Ramsey.V N Randall Y Ransom
YRay

N Reaves
N Redding Y Richardson N Ricketson
Robinson.C N Robinson,P Y Royal Y Selman
Y Shepard Y Sherrod N Simpson
N Sinkfield N Sizemore
N Smith.L Y Smith.P N Smith.T Y Smith.W N Smyre N Snow N Stancil
N Stanley Y Steinberg N Stephens
N Thomas.C N Thomas.M Y Thompson N Thurmond N Townsend
Triplett Y Twiggs Y Waddle N Waldrep N Walker.C

2146

JOURNAL OF THE HOUSE,

Y Walker.L Y Wall
Ware

Y Watson Y Watts N White

Y Wilder Williams.B
Y Williams,J

Wilson N Wood N Workman

N Yeargin N Young
Murphy.Spkr

On the motion, the ayes were 78, nays 86. The motion was lost.

Representative Clark of the 55th moved that the House reconsider its action in failing to adopt the Clark amendment.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron N Adams.G N Adams.M N Aiken N Alford Y Alien N Athon N Atkins Y Bailey N Balkcom N Bannister N Bargeron N Barnett.B N Barnett.M NBeck N Benefield
Benn N Birdsong Y Bishop N Bostick N Branch
Bray N Brooks Y Brown NBuck N Buford NByrd N Carrell N Carter
Chambless N Chance N Cheeks N Childers Y Childs Y Clark.B Y Clark.L

N Colbert N Coleman N Colwell
Connell N Cooper
Couch YCox Y Crawford
Crosby Y Cummings Y Davis.G N Davis,M
Dixon Dobbs
N Dover N Dunn Y Edwards N Felton N Floyd
Foster N Galer NGodbee N Goodwin N Green
Greene N Greer N Gresham N Griffin Y Groover N Hamilton N Manner N Harris N Hasty NHays N Heard N Hensley

N Herbert N Holcomb N Holmes N Hooks Y Hudson
N Isakson N Jackson,J N Jackson, W N Jamieson Y Johnson.D N Johnson.R
Kilgore Y Kingston N Lane.D Y Lane.R N Langford N Lawler N Lawrence N Lawson YLee Y Under YLong NLord Y Lucas N Lupton N Mangum Y Martin N McDonald N McKelvey Y McKinney N Milam Y Milford N Mobley N Moody N Moore N Morton

On the motion, the ayes were 44, nays 115. The motion was lost.

Y Mostiler
N Moultrie N Mueller N Oliver Y Orrock
N Padgett N Pannell
Par ham N Parrish N Patten N Peters N Pettit
Phillips Pinkston N Pittman N Porter N Powell Y Prichard Rainey N Ramsey.T N Ramsey.V Y Randall N Ransom NRay N Reaves Y Redding Y Richardson N Ricketson N Robinson.C N Robinson,?
N Royal N Selman Y Shepard Y Sherrod N Simpson Y Sinkfield

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

The following amendment was read:

Representative Childs of the 53rd moves to amend SB 209 as follows: By striking "mandatory minimum" on line 22, page 1, and inserting "up to"; and by striking "shall" on line 23, page 1, and inserting "may be subject to".

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

Y Aaron Y Adams,G N Adams.M

Y Aiken Y Alford Y Alien

Y Athon Y Atkins N Bailey

Y Balkcom N Bannister N Bargeron

N Barnett,B N Barnett,M YBeck

TUESDAY, MARCH 10, 1987

2147

N Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks Y Brown YBuck N Buford NByrd Y Carrell
N Carter Chambless
Y Chance
Y Cheeks N Childers
Y Childs Y Clark.B Y Clark.L N Colbert
N Coleroan Colwell Connell
N Cooper
Y Couch NCoi Y Crawford
Crosby Y Cummings N Davis.G N Davis.M

N Dixon Y Dobbs Y Dover N Dunn Y Edwards
Felton N Ployd
Foster Y Galer Y Godbee N Goodwin Y Green
Greene Y Greer N Gresham
Griffin Y Groover Y Hamilton N Hanner Y Harris N Hasty YHays Y Heard Y Hensley Y Herbert N Holcomb Y Holmes Y Hooks
N Hudson N Isakson N Jackson,J N Jackson.W Y Jamieson

Y Johnson.D N Johnson,R
Kilgore N Kingston Y Lane.D
Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson N Lee Y Linder YLong NLord N Lucas Y Lupton
Y Mangum Y Martin N McDonald N McKelvey Y McKinney N Milam Y Milford N Mobley Y Moody N Moore N Morton Y Mostiler Y Moultrie N Mueller N Oliver Y Orrock
N Padgett

Y Pannell Parham
N Parrish Y Patten Y Peters N Pettit Y Phillips
Pinkston N Pittman Y Porter N Powell Y Prichard Y Rainey N Ramsey.T Y Ramsey.V Y Randall N Ransom NRay Y Reaves Y Redding Y Richardson N Ricketson Y Robinson.C N Robinson.P N Royal Y Selman N Shepard N Sherrod Y Simpson Y Sinkfield Y Sizemore N Smith.L N Smith.P

Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M
Thompson Y Thurmond Y Townsend
Triplett
N Waddle Y Waldrep Y Walker.C N Walker.L N Wall
Ware N Watson N Watts Y White N Wilder
Williams,B Y Williams,J
Wilson N Wood Y Workman Y Yeargin Y Young
Murphy.Spkr

On the adoption of the amendment, the ayes were 96, nays 64. The amendment was adopted.

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

N Aaron Y Adams,G Y Adams,M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks N Brown YBuck Y Buford YByrd Y Carrell 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
Couch YCox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover YDunn
Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green

Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty YHays Y Heard Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson.R
Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence

Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey N McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton Y Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit

Y Phillips Pinkston
Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves N Redding Y Richardson Y Ricketson
Robinson,C Y Robinson,P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith,L Y Smith,P Y Smith.T Y Smith,W YSmyre

2148

JOURNAL OF THE HOUSE,

YSnow Y Stancil Y Stanley Y Steinberg Y Stephens YThomas.C

YThomas,M Y Thompson Y Thurmond Y Townsend
Triplett Y Twiggs

Y Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall
Ware

Y Watson Y Watts Y White Y Wilder
Williams,B Y William3,J

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

On the passage of the Bill, as amended, the ayes were 163, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The Speaker assumed the Chair.

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 109. By Representatives Redding of the 50th, Robinson of the 58th, Richardson of the 52nd, Steinberg of the 46th, Williams of the 54th and others:
A resolution creating the DeKalb County Government Study Commission.

Representative Redding of the 50th moved that the House insist on its position in disagreeing to the Senate substitute to HR 109 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 Redding of the 50th, Williams of the 48th and Robinson of the 58th.

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 106. By Senator Kidd of the 25th:
A bill to amend Code Section 15-16-20 of the Official Code of Georgia Anno tated, relating to the minimum annual salaries of sheriffs, so as to change the minimum annual salaries of the sheriffs; to provide an effective date.

The following Committee substitute was read:

A BILL
To amend Code Section 15-16-20 of the Official Code of Georgia Annotated, relating to the minimum annual salaries of sheriffs, so as to change the minimum annual salaries of the sheriffs; 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. Code Section 15-16-20 of the Official Code of Georgia Annotated, relating to the minimum annual salaries of sheriffs, 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 law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed according to the population of the county in

TUESDAY, MARCH 10, 1987

2149

which he serves, as determined by the United States decennial census of 1980 or any future such census. Each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 - 5,999 6,000 - 11,999 12,000 - 19,999 20,000 - 29,999 30,000 - 39,999 40,000- 49,999 50,000- 99,999 100,000 - 199,999
200,000 - 249,999
250,000 - 299,999
300,000 - and up

$ 20,782.00 21,405.00 23,189.00 23.885.00 26,631.00 27,430.00 20,324.00 30,204.00 32,016.00 32.976.00 34774^00 35,752.00 ST^^O 38,525.00 39,046.00 41,144.00
42,780.00 44,073.00
46,836.00 48,241.00
62,304.00 53,873.00"

Section 2. This Act shall become effective January 1, 1988.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Lawson of the 9th, et al, move to amend the substitute to SB 106 by striking from lines 1 through 3 of page 1 the following:
"Code Section 15-16-20 of the Official Code of Georgia Annotated, relating to the minimum annual salaries of sheriffs, so as",
and inserting in its place the following:
"Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the salaries of certain officers; to change the minimum annual salaries of clerks of supe rior courts;".
By inserting between lines 6 and 7 the following:
"Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking in its entirety Code Section 15-6-88, relating to the minimum annual salary schedule for clerks of superior courts, and inserting in its place a new Code Section 15-6-88 to read as follows:
'15-6-88. Any other provision of law to the contrary notwithstanding, the minimum annual salary of each clerk of the superior court in each county of this state shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1980 or any future such census; provided, how ever, that in the event the population of a county according to the United States decennial census of 1980 or any future such census is less than its population accord ing to the United States decennial census of 1970, the population bracket under which any such county falls for the purposes of this Code section shall be determined according to the United States decennial census of 1970. Each such clerk shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule:

2150

JOURNAL OF THE HOUSE,

Population

Minimum Salary

0 -- 5,999...............................................$ 14,746.00 6,000 -- 11,999............................................... 20,240.00 12,000 -- 19,999............................................... 22,038.00 20,000 -- 29,999............................................... 24,676.00
30,000 -- 39,999............................................... 26,214.00 40,000 -- 49,999............................................... 27,862.00 50,000 -- 99,999............................................... 20,401.00
100,000 -- 199,999............................................... 31,130.00 200,000 -- 249,999............................................... 32,768.00
250,000 -- 294,999............................................... 46,316.00 295,000 -- and up................................................ 60,023.00

15,187.00 20.856.00 23,626.00 25,313.00
27,000.00 28,688.00 30,376.00
32,064.00 33,751.00
46,674.00 51,524.00'"

By striking from lines 7 through 10 of page 1 the following:

"Section 1. Code Section 15-16-20 of the Official Code of Georgia Annotated, relating to the minimum annual salaries of sheriffs, is amended by striking subsection (a) in its entirety",

and inserting in its place the following:

"Section 2. Said title is further amended by striking in its entirety subsection (a) of Code Section 15-16-20, relating to the minimum annual salaries of sheriffs,".

By striking from line 6 of page 2 the following:

"Section 2.",

and inserting in its place the following:

"Section 3."

By striking from line 8 of page 2 the following:

"Section 3.",

and inserting in its place the following:

"Section 4."

Representative Porter of the 119th moves to amend the substitute to SB 106 by inserting on line 4 of page 1 between "sheriffs;" and "to" the following:

"to change the minimum annual salaries of the judges of the probate courts;".

By inserting between line 5 and line 6 of page 2 the following:

"Section 2.1. Said title is further amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 15-9-63, relating to minimum salaries for judges of the probate courts, and inserting in lieu thereof a new paragraph (2) to read as follows:

'(2) Each such judge of the probate court shall receive an annual salary beginning on January 1, 1987 1988, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999...............................................$ 13,886.00 6,000 -- 11,999............................................... 18,336.00 12,000 -- 19,999............................................... 20,367.00 20,000 -- 29,999............................................... 22,600.00 30,000 -- 39,999............................................... 24,803.00 40,000 -- 49,999............................................... 26,266.00 50,000 -- 99,999............................................... 28,266.00 100,000 -- 199,999............................................... 33,002.00 200,000 -- 294,999............................................... 41,746.00 295,000 -- or more............................................... 46,600.00

14,302.00 18,885.00 20,978.00 23,175.00 25,640.00 27.044.00 29,103.00 35,012.00 42,997.00 46,865.00'"

TUESDAY, MARCH 10, 1987

2151

The Committee substitute, as amended, was adopted.

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

Y Aaron Y Adams.G Y Adams,M
Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Balkcom N Bannister N Bargeron Y Barnett.B N Barnett,M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks Y Brown
YBuck Y Buford
Byrd Y Carrell
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 Couch
Cox
Y Crawford Y Crosby Y Cummings Y Davis.G N Davis.M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee N Goodwin
Green Y Greene Y Greer Y Gresham Y Griffin
Groover Hamilton Y Hanner Y Harris Y Hasty YHays Heard Y Hensley

Herbert Y Holcomb N Holmes
Hooks Y Hudson Y Isakson
N Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore N Kingston Y Lane.D Y Lane,R Y Langford Y Lawler N Lawrence Y Lawson
YLee N Under YLong
Lord Y Lucas
Lupton Y Mangum Y Martin N McDonald N McKelvey Y McKinney
Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie
Mueller Y Oliver
Orrock Y Padgett
Pannell
Y Parham Y Parrish
Patten Peters Pettit Y Phillips Pinkston N Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall N Ransom YRay Y Reaves Y Redding Richardson Ricketson Robinson,C Y Robinson.P
Y Royal Y Selman
Y Shepard N Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith.L N Smith,? Y Smith.T Y Smith,W
Y Smyre YSnow
Y Stancil Y Stanley Y Steinberg Y Stephens
Y Thomas.C Y Thomas.M Y Thompson Y Thurmond N Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L N Wall Y Ware Y Watson Y Watts Y White Y Wilder
Williams.B Y Williams.J
Wilson N Wood Y Workman Y Yeargin Y Young
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 135, nays 19.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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

Mr. Speaker:
The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolutions of the House:

HR 92. By Representatives Childers of the 15th, Selman of the 32nd, Athon of the 57th, Hays of the 1st, Snow of the 1st and others:
A resolution urging the departments of state government and the State Per sonnel Board to adopt policies promoting the hiring of qualified, severly handicapped persons.

HR 176. By Representatives Byrd of the 153rd, Moody of the 153rd, Smith of the 152nd, Dixon of the 151st and Smith of the 156th:

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A resolution creating the Brunswick Judicial Circuit Study Committee.

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

HB 387. By Representatives Murphy of the 18th, McDonald of the 12th, Connell of the 87th, Thomas of the 69th, Walker of the 115th and others:
A bill to amend Code Section 28-4-2 of the Official Code of Georgia Anno tated, relating to the general powers and duties of the Legislative Services Committee, so as to change the provisions relating to audits.

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

HB 707. By Representative Pannell of the 122nd:
A bill to amend Article 2 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to hospital care for nonresident indigents, so as to provide that on and after July 1, 1987, hospitals shall not be required to comply with the provisions of Article 2 of Chapter 8 of Title 31 unless the General Assembly appropriates funds in an amount determined as the state wide cost of care for nonresident indigent patients.

The following Resolution of the House was read and adopted:

HR 457. By Representatives White of the 132nd, Royal of the 144th, Young of the 134th and Alien of the 127th:
A resolution commending Lieutenant Commander Donnie Cochran.

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 336 Do Pass
Respectfully submitted, /s/ Watson of the 114th
Chairman

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

TUESDAY, MARCH 10, 1987

2153

AFTERNOON SESSION

The Speaker called the House to order.
The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:
SB 159. By Senators Scott of the 2nd, Albert of the 23rd and Langford of the 35th: A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish the State Children's Trust Fund and the State Children's Trust Fund Commission; to provide a short title; to define certain terms; to provide for the membership of the State Children's Trust Fund Commission and its powers and compensation.
The following Senate amendment was read:
Amend the House Committee substitute to SB 159 by striking from the third line of the amendment the following:
"$5.00", and inserting in lieu thereof the following:
"$15.00". By striking from the last line of the amendment the following: "$2.00", and inserting in lieu thereof the following: "$8.00".
Representative Thompson of the 20th moved that the House disagree to the Senate amendment to the House substitute to SB 159.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 107. By Representative Richardson of the 52nd: A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Anno tated, relating to consent for surgical or medical treatments, so as to provide for consent to the drawing and testing of fluid samples and the consequences thereof; to provide for the disclosure of information obtained as a result of consented to health care treatment, care, testing, or examination.
The following Senate substitute was read:
A BILL To amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which application for appeal is required, so as to provide for appeals from orders issued pursuant to Code Section 31-17-4; to amend Code Section 31-5-3 of the Official

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Code of Georgia Annotated, relating to appeals from final decisions of the Department of Human Resources, so as to provide in such appeals for the right to a jury trial de novo before a superior court; to provide for a supercedeas of the decision of the Department of Human Resources pending appeal; to provide procedures; to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical treatment, so as to provide for the disclosure of information obtained as a result of consented-to health care treatment, care, testing, procedures, or examination; to amend Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to the control of venereal disease, so as to revise substantially that chapter in order to provide for the applicability of several provisions thereof to sexually transmissible diseases; to provide for definitions; to provide for legislative declarations and findings; to require persons who undergo blood tests to be tested for acquired immune deficiency syndrome (AIDS); to provide an excep tion; to prohibit the disclosure of the results of such tests for acquired immune deficiency syndrome (AIDS); to provide exceptions; to require reports of sexually transmissible disease cases; to require certain afflicted persons to submit to certain measures and pro vide for judicial proceedings and jurisdiction to require such submission; to provide that certain orders may be subject to review; to provide for testing of pregnant women for sexually transmissible diseases; to provide for prophylactic treatment of newborn children regarding sexually transmissible disease; to provide for certain laboratory tests and results; to provide for treatment of minors having sexually transmissible diseases; to provide for the confidential and privileged nature of certain information regarding sexually transmissible diseases and afflicted persons and restrict the disclosure of that information and provide for exceptions thereto; to provide for departmental designation of sexually transmissible diseases and high-risk groups for such diseases; 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 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which application for appeal is required, is amended by adding immediately following paragraph (7) of subsection (a) thereof a new paragraph to read as follows:
"(7.1) Appeals from orders under Code Section 31-17-5 requiring persons afflicted with sexually transmissible diseases to submit to certain measures;".
Section 1.1. Code Section 31-5-3 of the Official Code of Georgia Annotated, relating to appeals from final decisions of the Department of Human Resources, is amended by striking in its entirety paragraph (3) of subsection (a) and inserting in its place a new paragraph (3) to read as follows:
"(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 erroneous. The enforcement of the order or action appealed from shall net be automatically stayed until ctnd unless so ordered flftd directed oy tne PCviewin court. A upon ttis tiling pi such petition unless the commissioner of human resources in his final order certifies that his decision if stayed will harm the public health and safety, in which case a reviewing court may order a stay only if the court makes a finding that the public health; and safety; and welfare 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 the manner prescribed by law for the service of process, unless such service of process is waived. The review shall be conducted by the court without a- jury and- shall be confined
shewn in the record, preef thereon may be ta4ten in the court. The court, pen request, sndii neftr or&i &.tuwient ftftd receive written optets. 4 ne court snctii not su Dstitute its jufl^jment tor tn&t of trie depflptHIent fts to tne wei^nt of tne evidence on Questions of
ther proceedings. The court may reverse er modify the decision if- substantial rights ef the appellant nave been prejudiced because the administrative findings, inferences, conclusions, er decisions are:

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{A)--IB violation ef constitutional er statutory provisions; (B)--h excess ef the statutory authority ef the department; 46)--Made apen unlawful procedure; 4B)--Affected by ether error ef tew; 4E)--Clearly erroneous is view ef the reliable, probative, and substantial evidence e* the whole record; er \F ) ?\po1iPfipy or cdpnciovis or ctiftpflctcriECQ Dy fluuse of Qiscretion or ciftriy unwarranted exercise ef discretion. The appeal shall be an appeal de novo to the superior court and the appealing party shall have a right to a jury trial and all rights provided under Chapter n. of Title 9j the 'Georgia Civil Practice Act.' The superior court shall render a decision approving, setting aside, or modifying the order or action appealed from."
Section 2. Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical or medical treatments, is amended by adding at the end thereof a new Code section to read as follows:
"31-9-8. (a) For purposes of this Code section, the term 'health care provider' means any person or entity furnishing health care to persons, including but not limited to any physician, osteopath, podiatrist, dentist, nurse, hospital, clinic, pathology labora tory, nursing home, medical research institution or project, governmental epidemiologic agency, or blood, organ, tissue, or semen bank.
(b) Subject to confidentiality provisions of law, consent validly obtained under this chapter to treatment, care, testing, procedures, or examination furnished by a health care provider shall be deemed to be a waiver of any privilege regarding the disclosure of information obtained as a result of that treatment, care, testing, procedures, or exami nation where that disclosure is:
(1) Made to another health care provider or agent or employee thereof; and (2) Reasonably medically necessary and appropriate for:
(A) Diagnosis, care, or treatment of the person about whom information is to be disclosed; or
(B) Protection of the health and safety of the patient, the patient's spouse, other patients, or the health care provider or the provider's agents or employees."
Section 3. Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to the control of venereal disease, is amended by striking that chapter in its entirety and inserting in its place a new chapter to read as follows:
"CHAPTER 17
31-17-1. As used in this chapter, the term: (1) 'Afflicted person' means any person who, based on reasonable information or
belief, is likely to be or is actually afflicted with a sexually transmissible disease. (2) 'Sexually transmissible disease' means any of the following:
(A) Syphilis caused by Treponema pallidum;
(B) Gonorrhea caused by Neisseria gonorrhoeae;
(C) Human immune deficiency virus, causing acquired immune deficiency syndrome (AIDS); and
(D) Such other diseases as determined by the Department of Human Resources under Code Section 31-17-11 to be sexually transmissible. 31-17-2. (a) Sexually transmissible diseases are declared to be dangerous to the public health, safety, and welfare. (b) In order to ensure that sexually transmissible diseases will be reported as required by this chapter, and to protect the constitutional and common law right of pri vacy of afflicted persons and their contacts, the General Assembly finds that certain information regarding these diseases and afflicted persons should be made privileged and confidential and certain proceedings relating thereto shall be closed to the public. 31-17-3. Any person who undergoes a blood test in a physician's office, hospital, dis pensary, clinic, blood bank, or other medical facility, or at the direction of any physi cian, nurse, or other medical technician, shall be tested for acquired immune deficiency

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syndrome (AIDS) unless such person can provide evidence that he or she has undergone a blood test in this state within the immediately preceding 12 months. When a test given under this Code section has been determined to be or confirmed positive for acquired immune deficiency syndrome (AIDS), the results of that test shall be privileged and confidential and shall not be disclosed, except that the following shall be notified:
(1) The department;
(2) The person to whom the test was given; and (3) Any physician attending or giving care to the person to whom the test was given.
31-17-4. Any physician or other person who makes a diagnosis of or treats a case of sexually transmissible disease and any superintendent or manager of a hospital, dispen sary, or charitable or penal institution in which there is discovered a case of sexually transmissible disease shall make a report of such case to the department in such form and manner as the department shall direct.
31-17-5. (a) Any authorized agent of the department or of a county board of health is authorized, when in that person's judgment it is necessary to protect the public health, safety, and welfare, to require any afflicted person to submit to examination, testing, treatment, counseling, or any combination thereof, and, upon the afflicted person's refusal to submit thereto, may seek a court order under this Code section requiring such submission. For purposes of this Code section, the term 'court' means the
superior court, which court shall have exclusive original jurisdiction over actions under this Code section.
(b) An application for a court order under this Code section shall be filed in the superior court of the county of residence of the afflicted person or the county where that person is found and shall be filed with the clerk of that superior court. That clerk shall
file and handle any such application and related papers in the same fashion and with the same confidentiality as required for adoption proceedings.
(c) An application for a court order under this Code section shall set out with specificity the following:
(1) Each reason for believing the afflicted person is reasonably likely to be afflicted with a sexually transmissible disease and the afflicted person's inclusion in
any known high-risk group for such disease may be among the reasons but not the sole reason for such belief;
(2) The sexually transmissible disease with which the afflicted person is believed
to be afflicted; and (3) Any examination or testing required and the general terms of any required
treatment or counseling.
(d) An application or hearing under this Code section shall not require the disclosure
of the identity of any alleged sexual or other contact who served as an informant regard ing an afflicted person. The evidence of such informant, however, shall be received by an affidavit for in camera review by the court. Such affidavit shall specify:
(1) Whether such informant has had intimate sexual contact with the afflicted person;
(2) The nature of any such sexual contact; and
(3) Whether the informant has a sexually transmissible disease. A copy of such affidavit, with the deletion of the informant's name and identity, shall
be given at or prior to the hearing to the afflicted person or that person's counsel. (e) Upon an application being filed under this Code section, the court shall have
served on the afflicted person named in the application a copy of the application and shall require that person to show cause, at a hearing held by that court, why the appli cation for the court order should not be granted.
(f) An afflicted person for whom an order is sought under this Code section shall have a right to counsel in any judicial proceeding under this Code section and if that
person cannot afford counsel, the court shall appoint counsel for that person. The governmental entity on behalf of which the application is made for a hearing under this
Code section shall pay the expenses for any appointed counsel therefor from any funds available to that entity. Counsel shall be paid in the same manner in which attorneys
are paid for hearings under Chapter 3 of Title 37, relating to mental health.

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2157

(g) Any hearing or proceeding by the court under this Code section shall be a nonjury hearing or proceeding held in camera and only court personnel, parties to the proceeding and their witnesses, and any counsel for the parties may be present. Informa tion obtained at such hearing or proceeding shall be privileged and confidential.
(h) Upon a showing of probable cause by an applicant for an order at a hearing under subsection (g) of this Code section, which probable cause must include more evi dence than the afflicted person's inclusion in a high-risk group for a sexually transmissible disease, the court may order and require appropriate examination, testing, treatment, counseling, or any combination thereof for an afflicted person.
(i) When reasonably necessary to carry out an order under subsection (h) of this Code section, the court may command any law enforcement agency to locate, restrain, and arrest the afflicted person subject to that order.
(j) Orders issued under subsection (h) of this Code section shall be reviewable on appeal pursuant to Code Section 5-6-35, except that any notice of appeal shall not act as a supersedeas for any order requiring testing, examination, treatment, counseling, or any combination thereof.
31-17-6. (a) The department may require every pregnant woman, or any special risk group of pregnant women as determined by the department under its rules and regula
tions, to submit to a standard serologic test or other appropriate tests to determine sexually transmissible diseases and may require any person attending or giving prenatal care to such woman to take or cause to be taken a blood specimen for use in such test.
Such specimens shall be submitted for laboratory testing in the manner prescribed by the department; and all laboratories conducting such tests shall comply with the rules, regulations, and reporting requirements prescribed therefor by the department.
(b) When a test given to a pregnant woman under subsection (a) of this Code section has been determined to be or confirmed positive for a sexually transmissible disease, the results of that test shall be privileged and confidential and may not be disclosed except
to:
(1) The department; (2) The pregnant woman to whom the test was given; (3) Any physician attending or giving prenatal care to the pregnant woman to
whom the test was given; and (4) Any adoption or child placement agency, foster parents, or adoptive parents
who have or seek to have legal custody of the child who was delivered or is to be
delivered by the woman to whom the test was given, except that the identity of nei ther natural parent of the child may be disclosed, and the department by rule and regulation may specify additional conditions for any disclosure under this paragraph.
31-17-7. It shall be the duty of any person who shall be in attendance on any child birth to apply to the child such prophylactic treatment as may be prescribed by the
department to prevent blindness from gonococcus disease; to comply otherwise with such rules, regulations, and reporting requirements as shall be prescribed by the department; and to employ such reasonable medical practices and procedures as are established by
rules of the department as being necessary to prevent or minimize the risk of disease from sexually transmissible disease.
31-17-8. All laboratories conducting any test for sexually transmissible diseases shall
comply with the rules, regulations, and reporting requirements prescribed therefor by the department, but such laboratories shall not be authorized or required to perform any
test for acquired immune deficiency syndrome as a part of or in connection with any test required for the issuance of a marriage license under Code Section 19-3-40. Such
test results and records thereof shall be privileged and confidential and shall not be dis
closed except to: (1) The department;
(2) Any physician ordering such tests; and (3) Any person on whom the test was performed. 31-17-9. (a) The consent to the provision of medical or surgical care or services by a hospital or public clinic or to the performance of medical or surgical care by a physi
cian licensed to practice medicine, when such consent is given by a minor who is or pro fesses to be afflicted with a sexually transmissible disease, shall be as valid and binding

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JOURNAL OF THE HOUSE,

as if the minor had achieved the minor's majority, except that any such treatment shall involve procedures and therapy related to conditions or illnesses arising out of the sexually transmissible disease which gave rise to the consent authorized under this Code section. Any such consent shall not be subject to later disaffirmation by reason of minor ity. The consent of no other person or persons, including but not limited to a spouse, parent, custodian, or guardian shall be necessary in order to authorize the provision to such minor of such medical or surgical care or services as are described in this subsec tion.
(b) The fact of a minor's having a sexually transmissible disease or consenting to or obtaining treatment therefor, if such fact arises out of actions by that minor pursuant to subsection (a) of this Code section, shall be privileged and confidential and may not be disclosed except to:
(1) Any physician or other member of the medical staff of a hospital or public health clinic, which physician or staff member is involved in providing that treatment;
(2) The parents, guardian, or custodian of a minor under 13 years of age; (3) The minor who is the afflicted person; and (4) The parents, guardian, or custodian of a minor between the ages of 13 and 18 if the treating physician determines such disclosure is necessary. 31-17-10. (a) Except as provided in subsection (b) of this Code section, the follow ing information relating to an afflicted person's sexually transmissible disease shall be privileged and confidential: (1) Test results; (2) Records of treatment; (3) History;
(4) Reports; (5) Research data;
(6) The identity of the afflicted person; (7) The identity of alleged sexual contacts of the afflicted person; and
(8) Information which would reveal the identity of either person specified in para graphs (6) and (7) of this subsection. (b) Information otherwise privileged and confidential under subsection (a) of this
Code section may be disclosed if: (1) That disclosure is authorized pursuant to any other provisions of this chapter;
(2) That disclosure is required by federal law, but only to the extent so required; (3) That disclosure is substantially related to and necessary for the testing or treatment of the afflicted person; (4) That disclosure is made by a physician pursuant to Code Section 20-9-40 or any other law authorizing a physician to disclose otherwise privileged information;
(5) That disclosure is for research purposes and does not reveal:
(A) The identity of the afflicted person; (B) The identity of alleged sexual contacts of the afflicted person; or
(C) Information which would reveal the identity of either person specified in
subparagraphs (A) and (B) of this paragraph;
(6) That disclosure is made to the afflicted person or a person designated in writ ing by the afflicted person to receive such information;
(7) That disclosure involves information regarding sexual assault or sexual exploi tation of a child and is required to be reported pursuant to Code Section 19-7-5 or
any other law requiring the reporting of such assault or exploitation of a child, but only to the extent that such disclosure is so required to be reported;
(8) That disclosure is made to the parent or guardian of a minor child unless the information is discovered pursuant to and is privileged under Code Section 31-17-9; or
(9) That disclosure is made in the ordinary course of business to any employee or agent of the department, county board of health, hospital, laboratory, clinic, or other entity authorized or required under this chapter to receive or report that information.
31-17-11. (a) The department by rule and regulation may designate as a sexually transmissible disease any disease other than one specified in paragraphs (1) through (4)

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2159

of subsection (a) of Code Section 31-17-1 only upon a finding by the department that the disease:
(1) Is principally transmitted by sexual contact; (2) Causes significant morbidity or mortality for individuals or for the health of newborn children; and (3) (A) Can be cost effectively screened, diagnosed, counseled, and treated in a public health control program; or
(B) Is of major public health concern such that surveillance of the disease occur rence is in the public interest. (b) The department by rule and regulation shall designate, based on appropriate epidemiological data, known high-risk groups for any sexually transmissible disease for purposes of this Code section."
Section 3.1. This Act shall become effective only when the funds necessary to carry out its purposes are appropriated by the General Assembly.
Section 3.2. 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 Richardson of the 52nd moved that the House disagree to the Senate substitute to HB 107.
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 10. By Representatives Lucas of the 102nd, Coleman of the 118th, Hanner of the 131st and Ramsey of the 3rd:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification for law enforcement officers, firemen, and prison guards who are killed or permanently disabled in the line of duty, so as to provide the same indemnification with respect to publicly employed emergency medical technicians who are killed or permanently dis abled in the line of duty after a certain date.

Representative Lucas of the 102nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 10 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Jackson of the 9th, Colbert of the 23rd and Lucas of the 102nd.

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

HB 652. By Representatives Triplett of the 128th and Murphy of the 18th:
A bill to amend Code Section 40-6-181 of the Official Code of Georgia Anno tated, relating to maximum motor vehicle speed limits, so as to authorize the

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JOURNAL OF THE HOUSE,

commissioner of transportation, in conformity with federal law, to increase certain maximum speed limits.

The following Senate substitute was again read:

A BILL
To amend Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Anno tated, relating to speed restrictions, so as to authorize the commissioner of transportation, in conformity with federal law, to increase certain maximum speed limits; to change the provisions relating to the establishment of state speed zones; to repeal certain provisions relating to maximum speed limits; 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. Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Anno tated, relating to speed restrictions, is amended by adding at the end of Code Section 40-6-181, relating to maximum motor vehicle speed limits, a new subsection (d) to read as follows:
"(d) Notwithstanding any other provision of this article to the contrary, the commis sioner of transportation may increase the maximum lawful vehicle speed on any highway or portion of a highway to not more than 65 miles per hour if such increase is not in conflict with any provision of federal law and will not result in any loss of federal funds to the state."
Section 2. Said article is further amended by striking Code Section 40-6-182, relat ing to establishment of state speed zones, and inserting in lieu thereof a new Code Section 40-6-182 to read as follows:
"40-6-182. Whenever the commissioner of public safety or the commissioner of trans portation shall determine upon the basis of an engineering and traffic investigation that any maximum speed set forth in this article is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of the state highway system, they may jointly determine and declare a reasonable and safe maximum limit at such place, which shall be effective when appropriate signs giving notice thereof are erected. Such a maximum speed limit may be declared to be effective at all times as are indicated upon such signs; and differing limits may be established for different times of day, different varying weather conditions, different types of vehi cles, and other factors bearing on safe speeds, which shall be effective when posted upon appropriate fixed or variable signs, h ne ease shall the maximum speed limit be cstab lisheel at higher than 66 nrites per hmjfr"
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 Triplett of the 128th moved that the House disagree to the Senate substitute to HB 652.
The motion prevailed.

HB 387. By Representatives Murphy of the 18th, McDonald of the 12th, Connell of the 87th, Thomas of the 69th, Walker of the 115th and others:
A bill to amend Code Section 28-4-2 of the Official Code of Georgia Anno tated, relating to the general powers and duties of the Legislative Services Committee, so as to change the provisions relating to audits.

TUESDAY, MARCH 10, 1987

2161

The following Senate amendments were read:

Senate Amendment No. 1
Amend HB 387 by adding in the title on line 4 of page 1, immediately following the semicolon and preceding the words "to provide", the following:
"to provide that upon the request of a member of the General Assembly a copy of the minutes of a meeting of the committee shall be sent to such member;".
By renumbering Sections 2 and 3 at the bottom of page 1 as Sections 3 and 4, respec tively, and adding a new Section 2 to read as follows:
"Section 2. Said Code section is further amended by striking subsection (g) in its entirety and inserting in lieu thereof a new subsection (g) to read as follows:
'(g) A copy of the minutes of the meetings of the committee and of the audits pro vided for in this Code section shall be made available for public inspection in the office of the Speaker of the House of Representatives, in the office of the President of the Senate, in the office of the Clerk of the House of Representatives, and in the office of the Secretary of the Senate. Upon the request of a member of the General Assembly, a copy of the minutes of a meeting of the committee shall be sent to such member.'"

Senate Amendment No. 2
Amend HB 387 by striking renumbered Section 3 and inserting in its place; a new Section 3 to read as follows:
Section 3. This Act shall become effective on December 31, 1987.

Representative McDonald of the 12th moved that the House disagree to the Senate amendments to HB 387.
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 269. By Representative Wilder of the 21st:
A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Anno tated, relating to cosmetologists, so as to authorize the performance of cos metology services in locations other than a licensed beauty shop or salon in certain cases where clients are unable to go to such shop or salon for reasons of ill health, infirmity, or other physical disability.

Representative Wilder of the 21st moved that the House insist on its position in disagreeing to the Senate substitute to HB 269 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 Wilder of the 21st, Simpson of the 70th and McKinney of the 35th.

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JOURNAL OF THE HOUSE,

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 119. By Senators Barnes of the 33rd, Dean of the 31st and McKenzie of the 14th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to revenue and taxation, generally, so as to provide criminal penalties for the evasion or attempted evasion of any tax, fee, license, pen alty, interest, or other amount imposed under Title 48; to provide an effec tive date.

Representative Lawson of the 9th moved that the House adhere to its position in amending SB 119 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 Lawson of the 9th, Walker of the 115th and Lawrence of the 49th.

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

SB 96. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-12 of the Official Code of Georgia Anno tated, relating to licensing and inspection of private and public child welfare agencies and facilities, so as to prohibit the Department of Human Resources from regulating the curriculum taught in group day-care homes or day-care centers; to require persons who operate group day-care homes and day-care centers to post telephone numbers of the nearest or applicable providers of emergency medical, fire, or police services.

Representative Herbert of the 76th moved that the House insist on its position in sub stituting SB 96.
The motion prevailed.

The following Bills of the Senate were taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 198. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-3 of the Official Code of Georgia Anno tated, relating to oath and commissions of magistrates, constables, and clerks of magistrate courts, and Article 2 of Chapter 3 of Title 45 of the Official Code of Georgia Annotated, relating to commissions of public officers, so as to provide that commissions of officers of the magistrate courts shall be under the seal of the Governor and shall be issued by the office of the Secre tary of State.

Representative Lawson of the 9th moved that the House adhere to its position in sub stituting SB 198 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.

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2163

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Lawson of the 9th, Thomas of the 69th and Porter of the 119th.

SB 286. By Senator Howard of the 42nd:
A bill to amend Code Section 43-34-37 of the Official Code of Georgia Anno tated, relating to disciplinary sanctions by the Composite State Board of Medical Examiners, so as to require that board to investigate a licensee's fit ness to practice medicine if the board receives certain notifications regarding judgments or settlements relating to medical malpractice claims or relating to the practice of medicine.

Representative Pannell of the 122nd moved that the House adhere to its position in substituting SB 286 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, Green of the 106th and Pannell of the 122nd.

SB 264. By Senators Langford of the 35th, Engram of the 34th and Scott of the 36th:
A bill to amend Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notice to produce evidence, so as to provide witness fees for arson investigators; to provide an effective date.

Representative Thomas of the 69th moved that the House adhere to its position in amending SB 264 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 Waldrep of the 80th, Williams of the 48th and Simpson of the 70th.

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

HR 176. By Representatives Byrd of the 153rd, Moody of the 153rd, Smith of the 152nd, Dixon of the 151st and Smith of the 156th:
A resolution creating the Brunswick Judicial Circuit Study Committee.

The following Senate substitute was read:

A RESOLUTION Creating the Brunswick Judicial Circuit Study Committee; and for other purposes.

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WHEREAS, the population residing within the Brunswick Judicial Circuit has increased greatly and the number of actions filed in the superior courts of the counties within the circuit has likewise increased greatly since the boundaries of the circuit were last defined; and
WHEREAS, it has been suggested the interests of judicial economy and efficiency might be promoted by the division of the circuit into two separate circuits; and
WHEREAS, this suggestion should be seriously and carefully studied by members of this body and by those most knowledgeable about the operations of superior court in the circuit.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Brunswick Judicial Circuit Study Committee to be composed of two members of the House of Representatives to be appointed by the Speaker of the House, two members of the Senate to be appointed by the Lieutenant Governor, the chief judge of superior court of the Brunswick Judicial Circuit or his designee; and the president of the bar association of each county in the circuit or his designee. A cochairman of the committee shall be appointed by the Speaker of the House, and a cochairman of the committee shall be appointed by the Lieutenant Governor.
BE IT FURTHER RESOLVED that the committee shall undertake a study of any and all matters pertinent to the foregoing recitals. The committee may conduct such meet ings at such places and at such times as it may deem necessary or advisable to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objec tives and purposes of this resolution. In the event the committee makes a report of its findings and recommendations, such report shall be made on or before December 1, 1987, on which date the committee shall stand abolished.

Representative Goodwin of the 153rd moved that the House disagree to the Senate substitute to HR 176.
The motion prevailed.

HB 170. By Representatives Cox of the 141st, Long of the 142nd, Reaves of the 147th, Patten of the 149th, Bostick of the 138th and others:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weights of vehicles and loads, so as to change certain length limitations for vehicles; to change certain length limitations for vehicles operating with special permits.

The following Senate substitute was read:

A BILL
To amend Code Section 32-3-1 of the Official Code of Georgia Annotated, relating to the acquisition of property or an interest therein for public road and other transportation purposes, so as to define when property or an interest therein may be acquired for future public road purposes; to amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to dimensions and weights of vehicles and loads, so as to correct the Public Law reference; to authorize the department to designate, rescind the designation of, and place appropriate signs upon those roads, streets, or highways on the State Highway System upon which the department determines vehicles exceeding 60 feet in length may reasonably operate; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 32-3-1 of the Official Code of Georgia Annotated, relating to the acquisition of property or an interest therein for public road and other transporta tion purposes, is amended by striking subsection (c) thereof which reads as follows:
"(c) Property or interests shall not be acquired for 'future public road purposes,' as that term is used in this Code section, unless:
(1) Construction will be commenced on the property to be acquired within a period of not less than two years nor more than ten years following the end of the fiscal year in which the secretary of transportation of the United States approves an advance of all the necessary funds to the department for the acquisition of rights of way for such construction under authority of Title 23, Section 108, United States Code, as amended; and
(2) The intended acquisition is part of a specific plan of highway development, and the acquisition will assist in accomplishing one or more of the following:
(A) A substantial monetary savings; (B) The enhancement of the integration of highways with public or private urban redevelopment; or (C) The forestalling of the physical or functional obsolescence of highways.", and inserting in lieu thereof a new subsection (c) to read as follows: "(c) Property or an interest therein may be acquired for 'future public road pur poses,' as that term is used in this Code section, when the intended acquisition is part of a specific plan of highway development and will assist in accomplishing one or more of the following: (1) A substantial monetary savings; (2) The enhancement of the integration of highways with public or private urban redevelopment; (3) The forestalling of the physical or functional obsolescence of highways; or (4) Alleviate a hardship placed upon a private property owner by knowledge of the impending highway improvement."
Section 2. Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to dimensions and weights of vehicles and loads, is amended by striking paragraph (2) of subsection (a) and inserting in its place a new paragraph (2) to read as follows:
"(2) Unless exempted in Code Section 32-6-25 or subsection (b) of this Code section or so authorized by a permit issued pursuant to Code Section 32-6-28, no vehicle or combination of vehicles and load shall exceed a total length of 60 feet and no semitrailer shall exceed 48 feet in length in a truck tractor-semitrailer combination and no truck tractor-semitrailer-trailer combination shall be allowed except the department shall allow a semitrailer length of no more than 48 feet when operated as a truck tractorsemitrailer combination and a semitrailer or trailer length of no more than 28 feet when operated as a truck tractor-semitrailer-trailer combination^ provided that such vehicles may exceed 60 feet in length and shall only operate upon all fully limited access high ways designed to National System of Interstate and Defense Highways standards and upon any road, street, or highway on the State Highway System which the department determines is appropriate to provide reasonable access requirements in compliance with Public Law 07-087 97-424 and on which the department has posted appropriate signs specifying that use by such vehicles is authorized; and provided, further, that the department is authorized to designate certain roads, streets, or highways upon which vehicles more than 60 feet in length may operate when operating as a truck tractorsemitrailer combination with a semitrailer no longer than 48 feet in length or a truck tractor-semitrailer-trailer combination with a semitrailer and trailer each of which shall be no longer than 28 feet in length. Such roads, streets, or highways shall be so desig nated only after the department has considered the operational and safety character istics of such vehicles and of the roadways, provided that the department may rescind any roadway designation if it is determined by the department that the public safety has been diminished or operational problems increased, or both, by the actual operation of such vehicles. Such roadways shall be posted with appropriate signs specifying the

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maximum length allowed for each vehicle combination. The department may permit the operation of a semitrailer which exceeds 45 feet in length without highway designation:
(A) If the semitrailer was manufactured prior to July 1, 1980, and the total length of the combination of vehicles is 55 feet or less; or
(B) If the length of the semitrailer is more than 45 feet but not more than 48 feet and the total length of the combination of vehicles does not exceed 55 feet, and the gross weight of the vehicle and its load does not exceed 50,000 pounds."
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 Jackson of the 9th moved that the House disagree to the Senate sub stitute to HB 170.
The motion prevailed.

HB 1099.

By Representative Bannister of the 62nd:
A bill to amend an Act authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, so as to provide that constitutional county officers shall have the authority under certain condi tions to select, employ, and discharge certain personnel.

The following Senate substitute was read:

A BILL
To amend an Act authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, approved April 18, 1969 (Ga. L. 1969, p. 3051), as amended, so as to change certain provisions relating to personnel who are members of the unclassified service; to provide that certain upper managerial or upper supervisory posi tions shall be in the unclassified service; to provide for exceptions and limitations; to pro vide for application; to provide for certain benefits; 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 authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, approved April 18, 1969 (Ga. L. 1969, p. 3051), as amended, is amended by adding at the end of Section 9 a new paragraph, to be designated paragraph (15), to read as follows:
"(15) (A) Personnel employed by the tax commissioner, sheriff, clerk of the supe rior court, or judge of the probate court, who are employed or to be employed in an upper managerial or upper supervisory capacity and who consent in writing to accept such upper managerial or upper supervisory positions knowing that such employment is an 'unclassified service' as defined under this Act. However, the number of unclas sified service personnel in an upper managerial or upper supervisory capacity under this subsection shall not exceed 10 percent of the total number of full-time employees in such particular office in which such employee is employed or to be employed.
(B) Nothing in this subsection shall be interpreted to change the employment status of any employee who, on the effective date of this Act, is employed by the tax commissioner, sheriff, judge of the probate court, or clerk of the superior court.
(C) Nothing in this subsection shall be interpreted to require or limit all upper managerial and upper supervisory positions to be only unclassified positions.
(D) Except for employment and discharge, such employees shall have all benefits afforded to employees in the classified service."

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Section 2. This Act shall become effective July 1, 1987. Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Bannister of the 62nd moved that the House agree to the Senate sub stitute to HB 1099.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

HB 1125. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A bill to amend an Act establishing the compensation and allowances for the clerk of the Superior Court of Floyd County and the judge of the Probate Court of Floyd County, so as to authorize the Board of Commissioners of Floyd County to supplement the compensation of such officers.

The following Senate amendment was read:

Amend HB 1125 by striking on page 2, line 2, the "." after "discretion" and add the following:
",but nothing herein shall authorize the Board of Commissioners of Floyd County to reduce the salary of the clerk of the Superior Court or the judge of the Probate Court at the time this act shall become effective."

Representative Childers of the 15th moved that the House agree to the Senate amend ment to HB 1125.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

HB 1124.

By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A bill to amend an Act abolishing the offices of tax receiver and tax collector of Floyd County and creating in their place the office of tax commissioner of Floyd County, so as to authorize the Board of Commissioners of Floyd County to supplement the compensation of that tax commissioner.

The following Senate amendment was read:

Amend HB 1124 by striking the "." at the end of line 6 on page 2, and adding:
", but nothing herein shall authorize the Board of Commissioners of Floyd County to reduce the salary of the tax commissioner at the time this act shall become effective."

Representative Childers of the 15th moved that the House agree to the Senate amend ment to HB 1124.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

HB 1113. By Representatives Dover of the llth and Jamieson of the llth:

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A bill to amend an Act creating a board of commissioners of White County, so as to recreate the board of commissioners of White County to consist of a chairman and two other members.

The following Senate amendment was read:

Amend HB 1113 by striking from line 17 of page 9 the following: "Sections 1 through 12", and inserting in lieu thereof the following: "Section 1".

Representative Dover of the llth moved that the House agree to the Senate amend ment to HB 1113.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

HB 539. By Representatives Ware of the 77th and Milam of the 81st:
A bill to create a board of elections and registration in Troup County; to empower said board with the powers and duties of the election superintend ent relating to the conduct of elections.

The following Senate substitute was read:

A BILL
To create a board of elections and registration in Troup County; to empower said board with the powers and duties of the election superintendent relating to the conduct of elections; to empower said board with the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures; to provide for the qualifications and terms of the members of said board; to provide a method for the appointment, resignation, and removal of its members; to provide for a chairman, other officers, clerical assistants, and other employees; to provide for meetings and procedures of the board; to provide for compensation for the members and employees of said board; 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. Pursuant to authorization contained in subsection (b) of Code Section 21-2-40 of the Official Code of Georgia Annotated, there is created a Troup County Board of Elections and Registration and said board is empowered with the powers and duties of the election superintendent relating to the conduct of elections and with the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures.
Section 2. (a) The Troup County Board of Elections and Registration shall be com prised of seven members to be appointed as follows: One member shall be appointed for a term of one year by the governing authority of the City of West Point; one member shall be appointed for a term of one year by the governing authority of the City of Hogansville; one member shall be appointed for a term of two years by the governing authority of the City of LaGrange; one member shall be appointed for a term of two years by the chairman of the county executive committee of the political party whose candidates received the

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largest number of votes in this state for members of the General Assembly at the last pre ceding general election; one member shall be appointed for a term of three years by the chairman of the county executive committee of the political party whose candidates received the second largest number of votes in this state for members of the General Assembly at the last preceding general election; and two members shall be appointed for a term of three years by the governing authority of Troup County. Such appointments by the chairmen shall be ratified by a majority of the members of the respective county executive committees of those political parties voting at a meeting duly called and held for that purpose; however, in the event that the members of such executive committees shall fail to elect any such board member within 90 days prior to January 1, 1988, or thereafter within 90 days prior to the expiration of the term of the predecessor in office, such members shall be appointed by the governing authority of Troup County. The terms of the seven initial members shall begin January 1, 1988. Successors to the initial members of the board shall take office on the first day of January following their appointment and shall serve for terms of three years and until their successors are appointed and qualified.
(b) Upon the appointment of a member, the chairman of the county executive committee of the political party or the governing authority, as the case may be, shall file an affidavit with the clerk of Superior Court of Troup County, no later than 30 days pre ceding the date at which such member is to take office, stating the name and residential address of the person appointed certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each such member to the Georgia Secretary of State and shall provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.
(c) Three members of the Troup County board of elections shall be elected by the members of that board in January of each year to serve respectively as chairman, vicechairman, and secretary for terms of one year. The chairman, vice-chairman, and secretary shall be allowed to succeed themselves.
(d) Five members of the Troup County board of elections shall constitute a quorum of the board. Any action to be taken by the board shall be approved by the affirmative vote of a majority of those present and voting, excluding the chairman of the board. The chairman shall vote only when necessary to break a tied vote of the other members of the board.
(e) The judge of the Probate Court of Troup County shall call the first meeting of the board in January, 1988. Thereafter, the board of elections shall meet on the call of the chairman. Each member shall be given at least 48 hours' notice prior to each meeting of the board.
Section 3. (a) Any elector and resident of Troup County shall be eligible for membership on the board of elections except that no person who holds any federal, state, or local elective public office shall be eligible during the term of such elective office and the position of any member shall be deemed vacant upon such member's qualifying as a candidate for elective public office.
(b) Each member of the board of elections shall take substantially the same oath as required by law for registrars before entering upon his or her duties. Each member shall have the same privileges from arrest provided by law for registrars.
Section 4. (a) In the event a vacancy occurs in the office of any appointed member before the expiration of his or her term, whether by removal, death, resignation, or other wise, the respective appointing authority shall, within 90 days following such vacancy, appoint a successor to serve the remainder of the unexpired term. The clerk of Superior Court of Troup County shall be notified of interim appointments or elections and record and certify such appointments or elections in the same manner as the regular appointment or election of members.
(b) In the event the chairman of either of the county executive committees of the political parties shall fail to make an interim appointment within the time specified in

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subsection (a) of this section, the county governing authority shall make such appoint ment. Any member wishing to resign shall give written notice thereof to the respective appointing authority and shall file a copy thereof with the clerk of Superior Court of Troup County.
(c) All members shall be subject to removal from the board at any time for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars.
Section 5. (a) The Troup County board of elections shall be empowered with all the powers and duties relating to the conduct of elections as election superintendents pursuant to the provisions of Title 21 of the O.C.G.A.
(b) The Troup County board of elections is empowered with all the powers and duties relating to the registration of voters and absentee balloting procedures as boards of registrars pursuant to the provisions of Title 21 of the O.C.G.A. In addition to all other powers of boards of registrars, the Troup County board of elections may appoint a chief deputy registrar and delegate to such chief deputy registrar powers and duties relating to the registration of voters and absentee balloting procedures.
(c) This Act is intended to implement the provisions of subsection (b) of Code Section 21-2-40 of the O.C.G.A. and shall be construed liberally so as to effectuate that purpose.
Section 6. Compensation for members of the board of elections and its employees and clerical assistants shall be fixed by the county governing authority and shall be paid from county funds. The governing authority of Troup County shall provide the board with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate.
Section 7. The chairman of the board of elections shall be the chief executive officer and shall generally supervise, direct, and control the administration of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction.
Section 8. The Troup County board of elections shall have the authority to contract with any municipal corporation located within the county for the holding by the board of any primary or election to be conducted within the municipal corporation.
Section 9. The provisions of this Act which are necessary for the appointment of the members of the Troup County Board of Elections and Registration who will take office January 1, 1988, shall be effective upon the approval of the Governor or upon the date which this Act becomes law without his approval and this Act shall become effective for all purposes on January 1, 1988.
Section 10. All laws and parts of laws in conflict with this Act are repealed.

Representative Ware of the 77th moved that the House agree to the Senate substitute to HB 539.
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 Bills of the House:

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2171

HB 327. By Representatives Walker of the 115th, Padgett of the 86th, Groover of the 99th, Crosby of the 150th, Reaves of the 147th and others:
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 agricultural purposes, so as to change the penalties imposed for the breach of a covenant to maintain preferentially assessed property in bona fide agricultural purposes.

HB 541. By Representative Athon of the 57th:
A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide that a bank or storage facility must be licensed, accredited, or approved under the laws of this state; to provide that a hospital shall maintain a written cooperative agreement with at least one bank or storage facility for the purpose of pro curing anatomical gifts.

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

HB 29. By Representatives Chambless of the 133rd, Thomas of the 69th, Waldrep of the 80th and Groover of the 99th:
A bill to amend Code Section 51-1-11 of the Official Code of Georgia Anno tated, relating to required privity to support tort actions and limitations on product liability actions, so as to provide that the ten-year period following a first sale which limits a product liability action shall also limit an action claiming negligence.

By unanimous consent, the following Bill of the Senate was withdrawn from the local calendar and recommitted to the Committee on State Planning and Community Affairs:

SB 382. By Senator Barnes of the 33rd:
A bill to amend an Act providing a new charter for the City of Powder Springs, as amended, so as to change the corporate limits of the city.

The following Resolutions of the House were read and adopted:

HR 458. By Representative Kilgore of the 42nd: A resolution commending Leon Clifton Cress.

HR 459. By Representative Dunn of the 73rd: A resolution commending the Mount Vernon Boys Basketball team.

HR 460. By Representative Dunn of the 73rd: A resolution expressing condolences at the passing of Tobe Berry Hinton.

HR 461. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A resolution honoring Mr. Everett Anderson.

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HR 462. 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 Dr. James Milliard Broughton.

HR 463. By Representatives Chambless of the 133rd, Young of the 134th, White of the 132nd, Balkcom of the 140th, Sizemore of the 136th and others:
A resolution recognizing and commending C. Lamar Clifton.

HR 464. By Representatives Bishop of the 94th, Robinson of the 96th, Buck of the 95th, Galer of the 97th and Smyre of the 92nd:
A resolution commending Dr. M. Delmar Edwards.

HR 465. By Representatives Buck of the 95th, Robinson of the 96th, Galer of the 97th, Smyre of the 92nd and Bishop of the 94th:
A resolution commending Mr. Howard Pitts.

HR 466. By Representatives Brown of the 88th, Cheeks of the 89th, Johnson of the 123rd, Alien of the 127th, Redding of the 50th and others:
A resolution commending Lorenzo Mosley, Jr.; Sylvester Strong; and Aaron "Butch" Brown.

HR 467. By Representative White of the 132nd:
A resolution commending Winfred Williams, Carlos Williams, and Melanie Williams of Albany, Georgia.

HR 468. By Representative White of the 132nd: A resolution commending Amos Nelson Berry, Jr.

HR 469. By Representative White of the 132nd: A resolution commending Shelley C. Strother, Jr.

HR 470. By Representative White of the 132nd: A resolution commending Kaz Garas Sanders.

HR 471. By Representative White of the 132nd: A resolution commending Maurice White.

HR 472. By Representatives Childs of the 53rd, Herbert of the 76th, Brooks of the 34th and Chance of the 129:
A resolution commending Ms. Katie Wood.

HR 473. By Representative Greene of the 130th: A resolution expressing regret at the passing of Eunice Brown.

HR 474. By Representatives Ramsey of the 3rd, Griffin of the 6th and Foster of the 6th:

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A resolution commending Honorable William Roger Williams.

HR 475. By Representative Reaves of the 147th: A resolution commending Mrs. Marilyn Renfro.

HR 476. By Representative Reaves of the 147th: A resolution commending Tim Hughes.

HR 477. By Representative Reaves of the 147th: A resolution commending Mrs. Betty Horton.

HR 478. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A resolution commending the Rockdale County High School Bulldogs.

HR 479. By Representative Birdsong of the 104th: A resolution expressing regret at the passing of Barney Cecil Dean.

HR 480. By Representatives Wood of the 9th, Jackson of the 9th and Lawson of the 9th:
A resolution commending M. Douglas Ivester.

HR 481. By Representatives Brown of the 88th, Cheeks of the 89th, Padgett of the 86th, Ransom of the 90th and Connell of the 87th:
A resolution honoring the memory of Mr. Bruce Williford.

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 184 Do Pass
Respectfully submitted, M Lee of the 72nd
Chairman

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

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

HB 201. By Representative Robinson of the 58th:

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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 provide for definitions regarding promotional giveaways.

HB 917. By Representatives Childs of the 53rd, Richardson of the 52nd, Steinberg of the 46th, Williams of the 48th, Williams of the 54th and others:
A bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement.

HB 949. By Representatives Aiken of the 21st and Hasty of the 8th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to certain provisions of local government law applicable to counties and municipal corporations, so as to change certain provisions relat ing to required permits for disturbing burial places in the course of land development.

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

SB 27. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia Anno tated, known as the "Public Officers Recall Act," so as to change the defini tions of certain terms; to provide that applications for recall petitions shall be numbered; to require election superintendents to maintain records of applications for recall petitions; to provide time limitations on when applica tions for recall petitions may be accepted for verification.

Representative Bray of the 91st moved that the House insist on its position in substi tuting SB 27.
The motion prevailed.

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

Mr. Speaker:
The Senate adheres to its disagreement to the House 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 96. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-12 of the Official Code of Georgia Anno tated, relating to licensing and inspection of private and public child welfare agencies and facilities, so as to prohibit the Department of Human Resources from regulating the curriculum taught in group day-care homes or day-care centers; to require persons who operate group day-care homes and day-care centers to post telephone numbers of the nearest or applicable providers of emergency medical, fire, or police services.

The President has appointed on the part of the Senate the following:

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2175

Senators Hudgins of the 15th, Kidd of the 25th and Barnes of the 33rd.

The Senate has disagreed to the House amendments to the following Bill of the Senate:

SB 209. By Senators Perry of the 7th, Ray of the 19th and Turner of the 8th:
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 five grams or more of pure cocaine, commonly known as "crack," shall consti tute a crime; to provide for penalties.

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

HB 557. By Representatives Wood of the 9th and Watson of the 114th:
A bill to amend Code Section 34-9-151 of the Official Code of Georgia Anno tated, relating to definitions of terms regarding group self-insurance funds for workers' compensation benefits, so as to allow the employees of a trade or professional association to be covered under a group self-insurance fund established by the members of such association.

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

HB 905. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act", so as to provide for certificates of authorization for proprietary schools in lieu of certificates of approval.

The following Resolutions of the House were read and adopted:

HR 482. By Representative Brooks of the 34th:
A resolution recognizing the Pleasant Grove Baptist Church in Warrenton on the occasion of the church's 117th anniversary.

HR 483. By Representative Brooks of the 34th: A resolution in memory of Reverend Willie L. Brooks.

HR 484. By Representative White of the 132nd: A resolution commending Mr. Raymond Paul Phillips.

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 179. By Senators Barnes of the 33rd, Dean of the 31st, McKenzie of the 14th and others:

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A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to revise and make editorial corrections; to specify age limits for enrollment in general and special education; to revise applicability of compulsory attendance; to revise administration of first grade readiness; to
provide for maximum class sizes to be established by the State Board of
Education.

The following Committee substitute was read:

A BILL
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to revise and make editorial corrections; to specify age limits for enrollment in gen eral and special education; to revise applicability of compulsory attendance; to revise administration of first grade readiness assessment; to provide for maximum class sizes to be established by the State Board of Education; to revise categories of programs for handi capped students; to change eligibility requirements for remedial education; to require school systems to offer remedial education; to provide a funding formula for initiation of special instructional assistance, in-school suspension, and limited-English-proficient pro grams; to clarify limits on dates for full-time equivalent student counts; to clarify courses to be excluded from full-time equivalent student counts; to increase program weights for special education; to specify handicapping conditions to be included in each special edu cation category; to revise the calculation of the training and experience factor; to provide for midterm adjustments in school systems with declining property tax digests; to clarify restrictions on use of midterm adjustment funds; to correct the calculation of equalization grants to school systems involved in multisystem high school contracts or in system merg ers; to make other technical corrections to the calculation of the equalization grant; to pro vide technical corrections to the calculation of local fair share; to clarify the calculation of total state earnings for each school system; to revise the restrictions on use of funds earned through the Quality Basic Education formula; to restrict the use of unobligated surplus funds or accounts; to clarify the requirement for a free public education; to pro vide for a 180 day school year, except where a year-round school program has been imple mented; to provide for a uniform school starting date for students; to provide a funding mechanism for locally approved year-round school programs; to specify base school and school system sizes; to clarify components to be included in the high school program weights; to clarify the method of payment of funds to the Teachers Retirement System of Georgia; to clarify funding provisions for staff development and professional develop ment; to change provisions for penalties for exceeding maximum class sizes; to make tech nical corrections to the provision for instruction in nutrition; to update provisions for student transportation; to clarify provisions for certification requirements of professional personnel; to provide for in-service or continuing education requirements for personnel; to revise provisions for provisional or probationary certification; to clarify the administration of annual performance evaluation of personnel; to modify requirements for recruitment procedures for personnel; to clarify provisions for the state minimum salary schedule; to revise provision for the career ladder program; to modify calculation of administrator responsibility supplements; to provide for supervision of substitute teachers; to modify provisions for innovation grants and demonstration schools; to provide for continuing the advisory committee to the Georgia Education Leadership Academy; to change provisions for capital outlay grants to make the program conform to other Quality Basic Education provisions; to modify provisions for organization and funding of regional educational service agencies; to revise requirements for assessment of student progress; to change the requirements for Quality Basic Education progress reports by the State Board of Edu cation to the General Assembly; to revise authorization for action by the State Board of Education to monitor and take corrective action regarding corrective plans for nonstandard local units of administration; to modify the calculation of middle school incentive grants; to revise the provisions for school consolidation incentives; to clarify the calculation of sparsity grants; to revise authorization of the State Board of Education for public school

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educational television; to provide for one or more colleges or universities to participate in operation of a residential high school program; to revise provisions for the State Board of Postsecondary Vocational Education; to change dates for completion of the state-wide comprehensive educational information network and for abolition of its task force; to pro vide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking Article 6, known as the "Quality Basic Education Act," and insert ing in lieu thereof a new Article 6 to read as follows:
"ARTICLE 6 Part 1
20-2-130. This article shall be known and may be cited as the 'Quality Basic Edu cation Act.'
20-2-131. The General Assembly of Georgia, recognizing the need for: (1) Implementing a quality basic education curriculum in public schools state wide
which ensures that each student is provided ample opportunity to develop competencies necessary for lifelong learning as well as the competencies needed to maintain good physical and mental health, to participate actively in the governing process and community activities, to protect the environment and conserve public and private resources, and to be an effective worker and responsible citizen;
(2) Providing all children and youth in Georgia with access to a quality program which supports their development of essential competencies in order that they may realize their potential;
(3) Providing a financed an equitable public education finance structure which ensures that every student has an opportunity for a quality basic education, e matter regardless of where he the student lives, and ensures that all Georgians pay their fair share of this finance structure;
(4) Establishing and maintaining state-wide standards which ensure that each student may have has access to a quality program;
(5) Making teaching an attractive and rewarding profession in order to attract, retain, and fully utilize highly competent personnel in all public schools of the state;
(6) Providing effective staff development and attractive incentive programs which will motivate public school personnel to enhance their competencies and perform to their potential throughout their career;
(7) Providing local school systems with the incentives, resources, and technical assistance they need to plan and implement improvements in their programs on a con tinuing basis;
(8) Providing parents and the general public with information on the quality of schools and the achievement of the public school students in Georgia;
(9) Providing appropriate school facilities in which quality educational programs can be offered, particularly in the small and sparsely populated school systems; and
(10) Providing a means whereby the foregoing might be met in order to provide an opportunity for a quality basic education to the citizens of the state and to discharge the responsibilities and obligations of the state to ensure a literate and informed society does establish the Quality Basic Education Program. It is declared to be the policy of this state to assure that each Georgian has access to quality instruction, as defined in this article, designed to improve upon a student's learning capacity. It is further declared that no student shall be refused admission into or be excluded from any public school in the state on account of race, creed, color, or national origin. 20-2-132. It is the intent of the General Assembly that the primary goals of this arti cle shall be as follows:
(1) A substantial reduction in the number of teachers who leave the teaching profession for reasons of job dissatisfaction;

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(2) A decrease in the percentage and number of students who enter high school but de net graduate drop out prior to graduation;
(3) The elimination of emergency teaching certificates and waivers for teaching outside of specialty;
(4) A decrease in the percentage of students who fail the State Basic Skills Test in the tenth grade;
(5) A significant increase in the test scores of Georgia students who take the Scho lastic Aptitude Test (SAT); and
(6) An increase in the number of students mastering each skill in reading, mathe matics, or and other subject test areas. 20-2-133. Admission to the instructional programs funded under this article shall be free to all eligible children and youth who enroll in such programs within the local school system in which they reside. Therefore, a local school system shall not charge resident students tuition or fees, nor shall such students be required to provide mate rials or equipment except for items specified by the State Board of Education, as a condition of enrollment or full participation in any instructional program. However, a local school system is authorized to charge nonresident students tuition or fees or a combination thereof; provided, however, that such charges to a student shall not exceed the average locally financed per student cost for the preceding year, excluding the local fair share funds required pursuant to Code Section 20-2-164. A local school system is further authorized to contract with a nonresident student's system of residence for pay ment of tuition. The amount of tuition paid directly bj the system of residence shall be limited only by the terms of the contract between systems. Local units of administra tion shall provide textbooks or any other reading materials to each student enrolled in a class which has a course of study that requires the use of such materials by the stu dents.
Part 2
20-2-140. The State Board of Education shall establish competencies that each student is expected to master prior to completion of his the student's public school edu cation. The State Beard ef- Education state board shall also establish competencies for which each student should be provided opportunities, at the discretion of the student and his the student's parents, to master. Based upon these foregoing competencies, the State Beard ef Education state board shall adopt a uniformly sequenced core curriculum for grades kindergarten through 12. AH Each local units unit of administration shall include this uniformly sequenced core curriculum as the basis for their its own curric ulum; j although they each local unit may expand and enrich this curriculum to the extent they deem it deems necessary and appropriate for the its students and their community communities.
20-2-141. The State Board of Education shall establish en a quadrennial basis at least once every four years a review of the adopted competencies and uniformly sequenced core curriculum by a task force broadly representative of educational interests and the concerned public. After considering the findings and recommendations of the task force, the State Beafd ef- Education state board shall make such changes in the student competencies lists and core curriculum as it deems in the best interest of the state and its citizens and shall report such proposed changes to local school systems and the General Assembly for review.
20-2-142. (a) (1) All elementary and secondary schools which receive in any man ner funds from the state shall provide the following course offerings in the manner prescribed by the State Board of Education:
{1} (A) A course of study in the background, history, and development of the federal and state governments. The course in the study of federal and state govern ments shall be supplemented in each high school by a study of the local county and municipal governments; and T Ne student shaH be eligible te receive a diploma frem high school unless sweh student has successfully completed the eearse in govern iaents provided for by this subsection; attd

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{3} (B) A course of study in the history of the United States and in the history of Georgia and in the essentials of the United States and Georgia Constitutions, including the study of American institutions and ideals. Ne student ahall be eligible to receive ft dipiomft itom ft ni[n scnooi unless sucn student nss success*uiiy com*" pteted the courses history and government provided (or by this subsection. (2) No student shall be eligible to receive a diploma from a high school unless such student has successfully completed the courses in history and government provided for by this subsection, except as provided in paragraph (3) of this subsection. (3) Handicapped students who are otherwise eligible for a special education diploma pursuant to subsection (b) of Code Section 20-2-281 shall not be denied this diploma if they have not successfully completed either or both of these courses; pro vided, however, that their Individualized Education Programs have not specified that the handicapped students must enroll in and successfully complete both of these courses. (b) (1) The State Board of Education and the commissioner ef- pabKe safety Board of Public Safety shall jointly establish an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consuming alcohol or certain drugs in connection with the operation of a motor vehicle. The course shall be designed to generate greater interest in highway safety and accident prevention. The State Beard ef Education state board and the eemmtssiener ef public safety Board of Public Safety shall jointly, by rules or regulations, determine the contents of the course and its duration. The commissioner ef public safety Board of Public Safety shall make available officers or employees of the Department of Public Safety to teach the alcohol and drug course. The alcohol and drug course shall be offered periodically but not less than once annually in the public schools of this state to per sons evr 13 years ef age students in grades nine and above in the manner prescribed by the State Beawl ef Education state board. (2) All secondary schools with grade nine or above which receive funds in any manner from the state shall make available to eligible students the alcohol and drug course provided in paragraph (1) of this subsection. (3) The commissioner of public safety shall make the alcohol and drug course, and instructors where necessary, available to the private schools in this state. In addition, the commissioner of public safety shall offer the alcohol and drug course periodically at various locations in the state in the manner provided by the Board of Public Safety. (4) The Department of Public Safety shall issue a certificate ef completion to each person completing the alcohol and drug course. (5) The completion of the alcohol and drug course provided in paragraph (1) of this subsection shall not serve as an additional method for the restoration of the driv ers' licenses of those persons whose drivers' licenses have been suspended or revoked pursuant to the laws of this state. (c) The State Board of Education shall prescribe a course of study in health and physical education for all grades and grade levels in the public scheel system schools and shall establish standards for its administration. The course may include instruction concerning the impact of alcohol, smoking, and drug abuse upon health and may occupy periods totaling not less than 30 minutes per day in kindergarten through grade eight or equivalent grade levels. A manual setting out the details of such courses of study shall be prepared by or approved by the State School Superintendent in cooperation with the Department of Human Resources, the State Beard ef Education state board, and such expert advisers as they may choose.
Part 3
20-2-150. (a) Except as otherwise provided by subsection (b) of this Code section, all children and youth who have attained the age of five years by September 1 and aH youth whe have net yet received a high school diploma er its equivalent shall be eligible for enrollment in the appropriate general ad special education programs authorized in

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vidcd, nowcvcp, unless otnerwise provided oy i&w, tnc otfltc oodFCt or nducs.11on 9fi8.ll
gFfldes one tiwou^n TS7 &fid ftdUrt ectiic&tion pro^rsms OT ^cncfsl, ossic, &nd vocfltionfll education, unless they attain the age of 20 by September 1 or they have received high school diplomas or the equivalent. This shall specifically include students who have reenrolled after dropping out and who are married, parents, or pregnant. Special edu cation students shall also be eligible for enrollment in appropriate education programs unless they attain the age of 21 by September 1 or receive high school or special edu cation diplomas or the equivalent; provided, however, they were enrolled during the pre ceding school year and had an approved Individualized Education Program (IEP) which indicated that a successive year of enrollment was needed. Other students who have not yet attained age 21 by September 1 or received high school diplomas or the equivalent shall be eligible for enrollment in appropriate education programs, provided they have not dropped out of school for one quarter or more. Each local unit of administration shall have the authority to assign students who are married2 or unmarried, pregnant par ents, or parents pregnant or who have reenrolled after dropping out one quarter or more ; ef a combination thereof, to programs of instruction within its regular daytime educa tional program, provided that a local unit of administration may develop and implement special programs of instruction limited to such students within the regular daytime educational program; provided, further, that such programs of instruction are designed to enable such students to earn course credit toward receiving high school diplomas. These programs may include instruction in prenatal care and child care. Unless other wise provided by law, the State Board of Education shall have the authority to deter mine the eligibility of students for enrollment. It is declared to be the policy of this state that general and occupational education be integrated into a comprehensive educa tional program which will contribute to the total development of the individual.
(b) A child who was a legal resident of one or more other states for a period of two years immediately prior to moving to this state and who was legally enrolled in a public kindergarten or first grade, or a kindergarten or first grade accredited by a state or regional association, shall be eligible for enrollment in the appropriate general or special education programs authorized in this part if such child will attain the age of five for kindergarten or six for first grade by December 31 and is otherwise qualified.
(c) All children enrolled for 20 school days or more in the public schools of this state prior to their seventh birthday shall become subject to all of the provisions of this article2 the provisions of Code Sections 20-2-690 through 20-2-702, and the rules and regula tions of the State Board of Education relating to compulsory school attendance even though they have not attained seven years of age.
20-2-151. (a) The primary purpose for the general and career education programs is to provide the children and youth of Georgia with a quality opportunity to master student competencies adopted by the State Board of Education through instruction which is based upon the uniformly sequenced core curriculum.
(b) The following general and career education programs are authorized for purposes of funding under this article authorized:
(1) (A) All local school systems shall offer a full-day kindergarten program. 7
Until iiscal year lUoo, local scnool systems enrolling students on a nalt~clay oasis will i&e lunQGQ at one-nail tnc tunumg rate tor lull-ufty programs j j* or purposes 01 this subsection, the term 'full-day basis' means a student is provided classroom instruction for a minimum of four and one-half hours daily for a 180 day school year; and
{B}--Fer purposes ef this Code section, the term 'full-day basis1 means a student
uftsis FftC'ftRs ft student ts provided ciftssroom instruction di two srtd oneTMnftii nours ef mere btrt tess than few ad one-half hours daily for a 486 day school year; and

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{} (BJ It is the policy of this state that the purposes of the kindergarten pro gram shall be to provide all children with an equal opportunity to become prepared for a successful first grade experience and to acquire the foundation for academic progress throughout the students' educational careers. To be eligible for enrollment in a state supported kindergarten program, a child must attain the age of five by September 1, except as otherwise provided by subsection (b) of Code Section 20-2-150. (2) fA) It is the policy of the this state that the purpose of the primary grades program shall be mastery by enrolled students of the essential basic skills and knowl edge which will enable them to achieve more advanced skills and knowledge offered at the higher grade levels. For purposes of funding under this article, the primary grades program shall include grades one, two, and three, t and To be eligible for enrollment in the first grade of a state supported primary grades program, a child must attain the age of six by September 1 except as otherwise provided by subsection (b) of Code Section 20-2-150. Beginning in school year 1988-89, each child must have achieved the criterion score or scores established by the State Board of Education on the school readiness assessment pursuant to Code Section 20-2-281, unless the child has been identified as being handicapped or limited-English-proficient under policies and criteria adopted by the state board. Such readiness assessment shall be provided to all children entering first grade within the 60 days immediately prior to September 1 of the year in which they enter the public schools of this state; provided, however, the readiness assessment of children shall also be conducted during the last 40 school days of the previous school year if the state board so directs. If a student does not achieve the state board criterion score or scores on a second annual assessment, the student shall be referred for consideration of special education services or special instructional assistance in accordance with state board regulations and procedures. Said student shall then be placed in the appropriate first grade program. No student shall remain in kindergarten for more than two years.
\o) '--IT 18 tfte policy Or fftC StfltC tflflt tflC pUPpOSC Or tilt? KlIlClCF^flFtCTl pfOPfllB
slum io to provide Qii enHUTCH witn flu ecjufli opportuni*y to DCconic prcpftrect IOP a aucecssful first grade experience and te acquire tne foundation for academic progress throughout the students' educational career? T-e be eligible for enrollment the first grade ef- a state supported primary grades program, a child mast ebtam
oode oectioft fiUTMfiTMx.wJ find Dc^inntn^ ttt sciiooi ycftr JtyooTM lt7oU must nftve scnieved the state beard- established criterion score er scores en the scheel readineaa assess-
QO1IJI urVii>iiiulrrlrtr?r!>! ef>nr>tfef>rriit-n>igT fuirrnsfi grrrrnoutttct w wiiLthininii iuKinc w f?A /u^tnty\rrnj i1m 111mntitcf\uinitts-tt*cll\yT rp^nriur>rr TtnO ep T or ttiC1 ycflr tft WHICH tftcy cuter tnc puoiic scnoois or tins st&tcj proTM
tlt%lCA IlanBoLi1 OflfOi UrlOmyrTMn tnTTf fHhITo; qSU/'IhIrUtUnlI tyrCnOnFr iITf fIV/I 1iCn SnLtrOtUf Cn hUnUnHi-fiU^ Sa\n7 UrJliirCnUr-UfSn. TIT-f eAt- nSltiUnU^C^Inllt/ U-JU"U""S
net achieve the state beard criterion seere er seeres en a second annual assessment,
rial instructional assistance in accordance witfe State Beard of Education regulations and procedures. Said- student shaH then be placed in the appropriate first-grade preg*aT Ne student shaU remain in a kindergarten program fer mere than twe yearsr (3) It is the policy of this state that the primary purposes for of the middle grades program shall be assuring the mastery of essential basic skills and knowledge, assisting the students in the transition from childhood to adolescence, and preparing students for the selection of programs and courses consistent with their abilities and interests when they enter high school, as well as providing an opportunity for mastery of essen tial but more advanced skills and knowledge. For purposes of funding under this arti cle, the middle grades program shall include grades four, five, six, seven, and eight. (4) (A) It is the policy of this state that the primary purposes of the high school programs shall be to prepare students for the continuation of their education beyond high school and for entry into their chosen career field fields as well as to prepare them to take their place places in society as young adults. The following

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high school programs for grades nine, ten, 11, and 12 are authorized for purpose purposes of funding under this article:
(i) The high school education program which includes general, vocational, and college preparatory classes;
(ii) The nonvocational high school laboratory program; and (iii) The vocational laboratory program.
(B) As a reflection of the reduced teacher-student ratios and more extensive material and equipment needed for effective laboratory courses compared to courses with no or only limited laboratory experiences, the nonvocational high school labora tory and vocational laboratory programs shall be funded at a higher level levels than the high school general education program. The State Beatd of Education state board shall adopt criteria which courses must meet in order to qualify for either the nonvocational high school laboratory or the vocational laboratory programs program. 20-2-152. (a) All children and youth who are eligible for a general and career edu cation program under Code Section 20-2-151 and who have special educational needs shall also be eligible for special education services. Children; ages aged zero through four years, whose handicapping condition is so severe as to necessitate early education interventionj may be eligible for special education services through programs operated by state schools for the handicapped, the psychoeducational centers program, or through programs financed with local or federal funds. Saeh Eligible children and youth are
defined as those who have emotional, physical, communicative, or intellectual deviations, or a combination thereof, to the degree that there is interference with school achievements or adjustments or prevention of full academic attainment and who require modifications or alterations in their educational programs. This Special education shall
include children who are classified as intellectually gifted, mentally handicapped, behav ior disordered, hospitalized er home bound, handicapped by a specific learning disability disabled, orthopedically handicapped, other health impaired, autistic, hearing impaired,
speech impaired speech-language disordered, visually impaired, severely emotionally dis turbed, and deaf-blind and who have any other areas of special needs which may be
identified. The State Board of Education shall adopt classification criteria for each area of special education to be served on a state-wide basis; both for students te be served in a self-contained setting and those whe can fee served effectively the regular class-
reem by itinerant personnel. The student-teachci1 ratio for each classified exceptionality shaii remain as those used i determining the approved program weights as set forth m subsection {b} ef Code Section 20-2-161, unless otherwise approved by the Governor eatA
the General Assembly. The state board shall adopt the criteria used to determine eligi bility of students for state funded special education programs. The state board shall
adopt maximum class sizes by classification of special education pursuant to subsection (h) of Code Section 20-2-182 which are equal to or greater than the class sizes used to
develop the program weights as set forth in subsection (b) of Code Section 20-2-161. (b) Local school systems shall, subject to any limitations specified in this Code
section, provide special education programs for all eligible students with special needs
who are residents of their local school systems, either by establishing and maintaining such educational facilities and employing such professional workers as are needed by
these students or by entering krte a contract contracting with other local school systems, regional educational service agencies, or other qualified public or private institutions for such services.
(c) (1) The State Board of Education shall provide for the funding which has been approved by the General Assembly for this purpose for special educational education
programs for students with handicapping conditions which are either of such low inci dence or of such severity that it is unfeasible or impractical to provide needed educa
tional services through programs offered by local school systems. The State Beafd ef Education state board may provide such educational services with funds specifically approved by the General Assembly for this purpose by:
(A) Providing grants directly to regional educational service agencies for provi sion of services;
(B) Authorizing Either directly contracting with or making grants to or authoriz ing local units of administration to contract with or make grants to suitable private

TUESDAY, MARCH 10, 1987

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or public institutions, or with both public and private institutions, inside or outside this state, for the provision of such services; provided, however, that the educational and related services of the child must be provided by professionals, such as teachers, school psychologists, speech therapists, and physical and occupational therapistSj and audiologists who meet the certification or licensing standards of their profession in the state in which the institution is located;
(C) Authorizing local units of administration to contract with suitable public agencies and departments, including institutions in which eligible children are con fined and out-patient centers serving eligible children, inside and outside this state, for the provision of such services;
(D) Entering into reciprocal agreements with other states or political subdivi sions thereof for the provision of such services; or
(E) Operating the Georgia School for the Deaf, the Georgia Academy for the Blind, the Atlanta Area School for the Deaf, and other special schools as approved by the General Assembly. (2) The State Beard of- Education state board may promulgate rules, regulations, and standards and establish the terms and conditions governing the provision of state aid provided for this purpose by the General Assembly under this subsection and per form any and all acts necessary or proper to carry out the provisions, intent, and pur pose of this subsection. {d)--W--The following special education programs for purposes ef funding under this article are authorized for the paWie schools ef- this state;
{A)--Program for the resourced mildly handicapped; {B)--Program for the resourced moderately handicapped; {)--Program for the self-contained moderately handicapped; {)--Program for the self-contained severely handicapped; and {E)--Program for the gifted students. \cij--F OP tne pupposc9 of tfiis suosection, tne term 8GiiTMcontflirieo. rncflfts trie student is instructed by an appropriately certificated special education teacher for hatf er mere ef the school day: For the purposes ef this subsection, the term 'resourced' means the student is instructed by an appropriately certificated special education
{3}--The State Beard ef Education shall adopt criteria which shall be used te detertne eiii Diiity OT 'tt student TOP d 9tdtc IUHQ6C1 spccifli cducfltion projjfpftniT 1 tic Ffttio tor c&cri specifli educft11on pPOp&m sn&H pemtin fts tnose used
Section 20-2-161, unless otherwise approved by the Governor and the General Assembiyr The State Beard ef Education shall declare te the General Assembly prier te the fiscal year 1087 appropriations consideration, and annually thereafter, the pupilteflcner Pfttio tor e&cn spccifti educfttion ppo^pflm &nci sndii PCQUCSI enAH^c9 ift sucft Pfttios wfticn flitcct cost to trie i_i cnepfli AsscniDry or to trie loccii
(d) For purposes of funding under this article, the following special education cate gories are authorized for the local units of administration of this state:
(1) Category I: self-contained specific learning disabled and self-contained speechlanguage disordered;
(2) Category II: mildly mentally handicapped; (3) Category III: behavior disordered, moderately mentally handicapped, severely mentally handicapped, resourced specific learning disabled, resourced speech-language disordered, self-contained hearing impaired and deaf, self-contained orthopedically handicapped, and self-contained other health impaired; (4) Category IV: deaf-blind, profoundly mentally handicapped, visually impaired and blind, resourced hearing impaired and deaf, resourced orthopedically handi capped, and resourced other health impaired; and (5) Category V: intellectually gifted. 20-2-153. The state beard State Board of Education shall create a special instruc tional assistance program for the purpose ef assisting to assist students whe have with

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identified developmental deficiencies which witt are likely to result in problems in main taining a level of performance consistent with the expectations for their respective ages. Only students enrolled in grades kindergarten through five who have with documented developmental levels below expectations for their respective ages that are not attribut able to a discernible an identified handicapping condition and who are not enrolled in either the remedial compensatory education program or any of the special education programs shall be eligible for the special instructional assistance program; provided, however, that students with physical handicaps whose special education services consist solely of therapy related to the physical handicap shall be eligible for the special instruc tional assistance program if they meet all other criteria of this Code section. The State Beard of- Education state board shall specify the instruments and process which shatt fee used to determine student eligibility for this program, including specification of the student eligibility criteria to be applied, the allowable educational services to be pro vided under this Code section, and the funding guidelines to be used in distributing state funds to participating local school systems. Such policies and guidelines shall be submitted to the General Assembly for review and comment prior to the request for funding by the State Board ef Education state board. Each local school system shall annually report by grade level the number of eligible students, the number of students served, the types of services provided, and the average achievement of students served. The State Board ef- Education shatt request funds for the special instructional assistance program for fiscal yea* 1088 and annually thereafter. The state beard- shatt base grants, suDject to Qpproprift11OH Dy tne oenepfli Assem oiy top tfii3 purpose, to locdi scnool sysTM terns ttpen the documented number ef- students needing seh services. For the first year of implementation of this program state wide, the state board shall request an amount for grants to local school systems based upon documentation of the number of eligible students estimated to be served: provided, however, that funds appropriated for this program in the initial year of operation shall be allocated only on the basis of the documented actual number of students being served during the initial year. For the second year of operation and thereafter, the amount of funds appropriated and allocated for this program shall be based on the actual count of students served during the pre ceding year. Funds, if- any; appropriated for this program shaH be adjusted a manner which directs funds In the event that insufficient funds are appropriated by the General Assembly to serve all eligible students in this program, any funds which are appropri ated shall be directed toward addressing the needs of the youngest eligible students in each local school system.
iUTM*TMA04.1116 otflte BOftFCi Or EidUCfltion sn&ll CPCftte ft FCmed1fll CdUCfttion pPOIfAm.
Only students in grades twe through five whe are achieving one-half year er ere -betew grade level, er its equivalent, in reading er mathematics as documented fey a state beard
ftppPOVOd StAndftPd1Eed ACilieVeinCHt tCStj StUdefttS tft PAd6S IWO tnPOUA IIVC WHO APe
achieving at er betew the twenty-fifth percentile in reading er math; as documented by a nationally standardized norm-referenced test by grade level, ninth grade students who Are flcmcvin AT one yeAP OP more DCIOW FAde level, OP its ec[uivAlent, HI peAdin^ OP mathematics as documented by a state beard approved standardized achievement test; And students TR ^PAdes tett tiipou^fi i* wfto ii&ve Rot pftsseo tfte m&tncni&tics of tfte reading section ef tne state's basic sk-ffls test shall be eligible for the remedial education program. Students whe are participating in a special instructional assistance program as authorized fey Code Section 20-2-163 shatt net be eligible for the remedial education pre-
Students with mental er physical handicapping conditions, er both, whe twe fiuecti(ii instruction ds ft pftft OT tneIF speci&i eoucfttion ppospsni sfi&u not DC
eii^i Die tor tne remeciifti ectucfltion proFAm pursuftnt to tnis oode section} ppoviueQt however, that students with mental er physical handicapping conditions, er both, whose special education services consist seWy ef therapy related te their handicapping eenditiens shatt be eligible for the remedial education program if they otherwise meet the eritcrifl of tnis oOuG section, otuoents ttt p&des two tnpou^n live snctii only receive
instruction at any given time at their current performance level er slightly abeve stteh level tft tnese su Dject mfitter &fe&9 TOP wnicii tftey ftpe eli^ioie under tne provisions OT
tnis oode section} ppovided> nowevep^ tn&t tne ppo^pftm or instruetion r& designed to

TUESDAY, MARCH 10, 1987

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move the student to jjrfldc level or ni^ncr ttt tne 9nortest possi Die tim& wnile mastery as the student progresses. Eaeh local nit ef administration shall submit to the suite ooflfd oy wiity T of e&cn yeftr tne flvcpfl^je ctcnievemens scores of fill students oy suDject flpefl &nd ^rflde level wno were receiving instructionsi services under tne proviTM aions ef this Code section. M appropriate evaluation data net received fey the State
of .education oy tne ftoove ddte, tne 9uosec[ucnt siiocfllion of tunds under cnis section tor tne next tiscsi yesr sn&n we witnneid. A ne otflte Dosrd of Hiduc&tion
yeaft The State Beard- ef Education shatt annually request sufficient state funds te pay a pre rata share ef the costs associated with the staff of- the federal compensatory edeation program fer disadvantaged children when seh staff is used te evaluate the rcmcriti educ&tion pro^rdnTf pPOvided under tnis oode section tn~ conjunction witn tne evaluation ef- the federal compensatory education program fer disadvantaged children in the same school system.
20-2-154. (a) All children and youth who are eligible for a general and career edu cation program under Code Section 20-2-151 and who are also eligible under the criteria specified in this Code section shall be provided, in accordance with policies adopted by the State Board of Education, the remedial education program services needed to address their respective reading, mathematics, or writing deficiencies beginning fiscal year 1989. The following students shall be eligible for remedial education services, except as provided in subsection (b) of this Code section:
(1) Students in grades two through five and grade nine who have scored at or below the twenty-fifth percentile, or its equivalent, on the reading or mathematics portion of a state-wide or nationally-normed standardized achievement test approved by the state board to be used for this purpose; and
(2) Students in grades ten through 12 who have been administered but not yet passed the reading, the mathematics, or the writing portion of the state's basic skills test, upon which passage is required for graduation by the state board; and
(3) Students entering grade ten whose ninth grade nationally-normed standardized achievement test scores are at or below the twenty-fifth percentile. No local school system shall be required to pretest or posttest any student in grade ten who is quali fied under this paragraph nor will any system be required to pretest entering tenth grade students who have not been administered the ninth grade nationally-normed standardized achievement test; and
(4) Students in grades two through five and nine through 12 who are receiving services under the special education program as authorized by Code Section 20-2-153 and whose Individualized Education Programs (IBP's) specify that, due to their achievement levels in reading or mathematics in grades two through five and nine through 12, or writing in grades nine through 12, they need to receive services under the remedial education program as well as other students receiving special education services who meet the eligibility requirements specified in paragraph (1) or (2) of this subsection.
(b) The following students shall not be eligible for the remedial education program:
(1) Students who are receiving services under the special instructional assistance program as authorized by Code Section 20-2-153; or
(2) Students who are receiving instruction under the special education program that is designed to address their respective reading, mathematics, or writing defi ciencies.
(c) Students in grades two through five shall only receive instruction at any given time at their current performance level or slightly above such level in the subject matter areas for which they are eligible under the provisions of this Code section; provided, however, that the program of instruction is designed to move the student to grade level or higher in the shortest possible time while ensuring mastery as the student progresses. Each local unit of administration shall submit to the State Board of Education by July 1 of each year the average achievement scores by subject area and grade level of all stu dents who were receiving instructional services under the provisions of this Code section, except those students whose IBP's under the special education program state they shall

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not be administered such achievement tests. If appropriate evaluation data are not received from a local school system by the state board by July 1 of each year, after a hearing has been held for the system, the subsequent allocation of funds under this Code section for the next fiscal year shall be withheld in accordance with the procedure specified in Code Section 20-2-243. The state board shall monitor each local school system's remedial education program at least once each year. The state board shall annually request sufficient state funds to pay a pro rata share of the costs associated with the staff of the federal compensatory education program for disadvantaged children when such staff is used to evaluate the remedial education program under this Code section in conjunction with the evaluation of the federal compensatory education pro gram for disadvantaged children in the same local school system.
20-2-155. (a) The State Board of Education shall establish a state-wide Seheet GUsaate Management Program school climate management program to help local schools and systems requesting assistance in developing school climate improvement and man agement processes. Such projects will be designed to optimize local resources through voluntary community, student, teacher, administrator, and other school personnel parti cipation. These processes will be designed for, but will not be limited to, promoting posi tive gains in student achievement scores, student and teacher morale, community support, and student and teacher attendance, while decreasing student suspensions, expulsions, dropouts, and other negative aspects of the total school environment. The state board upon request is authorized to provide the necessary on-site technical assis tance to local schools and systems and to offer other assistance through regional and state-wide conferences and workshops, printed material, and such other assistance as may be deemed appropriate under this subsection. The State Beal ef Education state board shall, upon request of a local school system, produce model codes of behavior and discipline and shall produce guidelines for application and administration of such codes. The results of this program shall be annually presented to the General Assembly for review in determining future appropriation appropriations for state-level technical assis tance necessary to perform the duties assigned to the state board under this Code section.
(b) The state beard State Board of Education is authorized to create an in-school suspension program. As the vast majority of the students who disrupt public school classrooms are also experiencing problems in mastering classroom assignments and are below expectation in their academic achievement, it is the policy of this state that it is preferable to reassign disruptive students to isolated, individually oriented in-school sus pension programs; rather than to suspending suspend or expelling expel such students from school. Therefore, the primary purposes of the in-school suspension program are to isolate the offending students from the regularly assigned classrooms and activities of the school, to continue progress relative to classroom assignments, and to provide individually oriented instruction in essential skills and knowledge areas for which low achievement levels are contributing to the students' adjustment problems. The in-school suspension programs may be housed in the regular assigned regularly assigned schools, special schools specifically organized for such suspension programs, or alternative schools, provided the suspended students are isolated from typical school activities until they demonstrate sufficient adjustment to warrant their returning to their previously assigned classes. The State Beafd ef Education state board shall adopt regulations, stan dards, and eligibility criteria necessary to guide the effective operation of state sup ported in-school suspension programs. T-h State Beard ef Education shatt afee giant local scheel systems sufficient funds based upon documented needs te operate in-school suspension programs. For the first year of implementation of this program state wide, the state board shall request an amount for grants to local school systems based upon documentation of the number of eligible students estimated to be served; provided, how ever, that funds appropriated for this program in the initial year of operation shall be allocated only on the basis of the documented actual number of students being served
during the initial year. For the second year of operation and thereafter, the amount of
funds appropriated and allocated for this program shall be based on the actual count
of students served during the preceding year.

TUESDAY, MARCH 10, 1987

2187

20-2-156. The State Board of Education shall create a program for limited Englishspeaking limited-English-proficient students whose native language is not English, subject to appropriation by the General Assembly. The purpose of this program is to assist such students whe have limited fluency in th English language to develop fluency proficiency in the English language: 2 including listening, speaking, reading, and writing, sufficient to perform effectively at the currently assigned grade level. For the first year of implementation of this program state wide, the state board shall request an amount for grants to local school systems based upon documentation of the number of eligible students estimated to be served; provided, however, that funds appropriated for this program in the initial year of operation shall be allocated only on the basis of the documented actual number of students being served during the initial year. For the second year of operation and thereafter, the amount of funds appropriated and allocated for this program shall be based on the actual count of students served during the preceding yesr. 1 he stfltc DOftPd sh&ii ^pfint those funds oppPOved top mis purpose Dy the1 General Assembly te leeal seheel systems based apen documented needs te operate the programs. The state board shall prescribe such rules and regulations regarding eligibility criteria and standards as may be needed to carry out the provisions of this Code section.
Part 4
iU~^~lDU. \fl/ At ttirec ditierent times during the school yeflpj pretersoiy ifltc td.li, eariy winter; and late wintet; as designated by -the State Beard ef Education, the cnrollment by instructional program as authorized ander this article for each student shaft be reported te th Department ef- Education. The State Board of Education shall designate the specific dates upon which three counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Department of Education. The initial enrollment count shall be made prior to October lj the second enrollment count after November 1 but prior to January lj and the final enrollment count after March I but prior to May 1. This enrollment The report shall indicate the student's specific assigned program for each one-sixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any portion one-sixth segment of the school day that the student is assigned to a study hall] er any a noncredit course; ; a driver's driver edu cation courser ] a course recognized under this article or by State Beatd ef Education state board policy as an enrichment course; ; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; j a course in which the student serves as a student assistant to a teacher, in a school office or in the media center, except when such placement is an approved work site of a recognized career or vocational program; j an individual study course for which no outline of course objectives is prepared ad retained, in writing prior to the beginning of the course; or any other course or activity so designated by the State Beard ef Education state board. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the State Beard ef Education state board under Code Section 20-2-140. Ner shall a program A program shall not be indicated for a student for ene er mere sixths any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days- Ner j nor shall a program be indicated for a student for ene er mere srths any one-sixth segment of the school day if for which the student is charged either tuition or fees or is required to provide mate rials or equipment beyond those authorized pursuant to Code Section 20-2-133. as a condition ef enrollment er fuH participation in the instructional program; provided, how ever; that student who resides outside the seheel system way be included in the ent
locfliiy tintinced pfcp student cost top the ppcccd irtg school ycflp, excluding the tflip shftpe funds pecjuired puPSuflnt v& oode oection sUTM*TM io4. A student who is enrolled in a regionally accredited postsecondary institution may be counted for the high school program for that portion of the day that the student is attending the

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postsecondary institution; provided, however, that the student is attending the high school for at least one-half ef the school day three segments that are eligible to be counted under this subsection and that the student's postsecondary program is approved by the high school principal or hw the principal's designee. The State Beard ef Edueatte state board shall adopt such regulations and criteria as necessary to ensure objec
tive and true counts of students in state approved instructional programs. The State Beard ef Education state board shall also establish criteria tmdr by which a student students shall be counted as a resident or a nonresident student students, including spe
cific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local
school systems. If a local school system has a justifiable reason, it may seek authority from the State Beatd ef Education state board to shift the FFE full-time equivalent program counts from the designated date to a requested alternate date.
\WT--l nc sum ef eacn scnool system s one-sixth day counts tor cacn state recognized program snail constitute tnc iull*time equivalent \F l R^ program count tor tne system, i nc average or eacn system 8 most recent tnrcc tull-timc' equivalent program counts

the ensuing year.
(b) The full-time equivalent (FTE) program count for each local school system shall be obtained in the following manner:
(1) Count the number of one-sixth segments of the school day for which each student is enrolled in each program authorized under Code Section 20-2-161;
(2) Divide the total number of segments counted for each program by six. The result is the FTE program count for each respective state recognized program;
(3) The average of the local school system's most recent three FTE program counts shall serve as the FTE count used to compute the funds needed to finance each respective program for the ensuing year. 20-2-161. (a) The instructional programs program for grades four through eight ate is declared to be the base program against which the cost of all other instructional pro grams shall be compared. The General Assembly shall annually establish through the General Appropriations Act the amount of funds needed by each full-time equivalent FTE student in that program, in order that the base program can be sufficiently funded to provide quality basic education to all enrolled students. This amount of funds shall be known as the 'base amount' and shall reflect program components reflected in which constitute the program weight for the middle grades program in Code Sections 20-2-182 through 20-2-186 and 20-2-261. (b) As the cost of instructional programs varies depending upon the teacher-student ratios and specific services typically required to address the special needs of the students enrolled, it shaH fee the policy of this state that state authorized instructional programs shall have the following program weights:
(1) Kindergarten program........................................................................................... 1.329

(2) Primary grades program (1-3).............................................................................. 1.237

(3) Middle grades program (4-8)................................................................................ 1.000

(4) High school general education program (9-12).................................................. 0.996

(5) High school nonvocational laboratory program (9-12)..................................... 1.295

(6) Vocational laboratory program (9-12)................................................................. 1.322

W--Program for the resourced mildly handicapped

2rl39

{)--Program for the resourced moderately handicapped

486

iff)--Program f-ef the self-contained moderately handicapped

3.018

(10) Program f-er the self-contained severely handicapped

3.807

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2189

(11) Program for the gifted students
(7) Program for the handicapped: Category I ...........................................................2.415
(8) Program for the handicapped: Category II .........................................................2.872
(9) Program for the handicapped: Category III........................................................3.628
(10) Program for the handicapped: Category IV........................................................5.735
(11) Program for intellectually gifted students: Category V ....................................1.775
(12) Remedial education program ............................................................................... 1.314 (c) There shall be calculated annually the The total funds needed for a the Quality Basic Education Program for each local school system shall be calculated annually. Such total shall represent the product of the following calculations for each of the programs identified in subsection (b) of this Code section:
(1) Multiply the average Full-Time Equivalent (FTE) FTE program count pur suant to subsection (b) of Code Section 20-2-160 by the respective program weight established in subsection (b) of this Code section;
(2) Multiply the product computed in paragraph (1) of this subsection by the Base Amount base amount as established in the General Appropriations Act; and
(3) Add the product computed in paragraph (2) of this subsection to the program adjustment amount for training and experience for the said instructional program in accordance with subsection (d) of this Code section. The process and associated components contained within this Code section shall be known as the 'Quality Basic Education formula.' (d) The State Board of Education shall annually calculate for each instructional pro gram provided for in subsection (b) of this Code section for each local school system the amount of additional funds needed beyond the amounts reflected in the Base Amount base amount and the program weights, in order to pay the state minimum salaries pur suant to Code Section 20-2-212. and the responsibility supplement pursuant te Code Section 20-2-214. The calculation of such additional amount shall be based on th qualified all certificated professional personnel who were employed by the local school system as of a state beatd specified date dtmng the current fiscal yea* the month of June for the most recent year that these data are available. Such additional amount shall be known as 'program adjustment amount for training and experience.' (e) As the relative costs of the various program components will change over time and as some components will need to be added or removed, the Governor is authorized to appoint a task force every three years for the purposes of reviewing the effectiveness of existing program weights and recommending to the General Assembly any changes deemed te be needed. This task force shall be comprised of members or staff of the General Assembly, the State Board of Education, and the Governor's office2 and repre sentatives of local school systems. 3%* process and associated components contained within this Code acction ahati be fcew as the 'Quality Basic Education formula.' 20-2-162. (a) The State Board of Education shall annually recalculate the total amount needed under the Quality Basic Education formula for the midterm adjustment for the current fiscal year using the average of the most recent three FTE counts. If the total amount needed by each local school system when recalculated is greater than the initial amount calculated, then the state board shall increase the total allotment for said system by the difference between the recalculation and the initial calculation. All funds allocated as the result of this recalculation to a local school system for direct instruc tional costs as defined in paragraph (1) of subsection (a) of Code Section 20-2-167 shall be applied to the direct instructional costs of any or all of the instructional programs specified in Code Section 20-2-161 which had FTE counts pursuant to this Code section that are higher than the FTE counts upon which the initial allocations were based. The balance of the funds allocated to a local school system as the result of this recalculation must be applied to items specified in Code Sections 20-2-182 through 20-2-186 for instructional programs specified in subsection (b) of Code Section 20-2-161 and shall not

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be expended for any program or service explicitly excluded from the FTE count in Code Section 20-2-160. The total amount of increased funding required by the midterm adjustment shall be requested ef the General Assembly by the state board and shall demonstrate for each receiving local school system the average FTE count used in the initial calculation compared to the midterm average count for each program category system wide. If the recalculation for a local school system is less than the initial calcu lation, the amount of funds initially allotted to said school the system shall not be reduced for the current seheel fiscal year. Local school systems which fail to provide the state board with complete full-time equivalent FTE student counts by instructional pro gram in the manner and b^ dates prescribed by the state board specified dates shall not be eligible for recalculation of their current year allotment.
(b) A midterm adjustment in a local school system's local fair share shall be made Ml
(1) The most recent actual property tax digest for educational maintenance and operation of a local school system, as approved by the Department of Revenue, is less than the actual property tax digest for educational maintenance and operation approved by the Department of Revenue for the year used initially to calculate the system's local fair share pursuant to Code Section 20-2-164, and such reduction js due to more accurate assessments or actual loss in tangible property or a combination of these factors as determined by the Department of Revenue; and
(2) The most recent equalized adjusted school property tax digest for the local school system is less than the equalized adjusted school property tax digest for the year used initially to calculate the system's local fair share. Such a midterm adjustment shall be made by reducing the initial local fair share by the percentage decrease over the most recent two years in the actual property tax digest for educational maintenance and operation. The gross value of property prior to deduction of any exemptions shall be used throughout the calculations under this subsection. The provisions of this subsection shall apply only to the midterm adjustment of local fair share as provided in this Code section.
O**Av~_O**"1J.fwiOO. /\caT\/ ~T[Tf an-lnlyii 1IUnUfUn1l oSvfhllrUuvtll Q aj\araLfCoImI1 rjJ^TfI<tO\r T*<O> V_Tan.lnlUiiOfii."Tiyr J_7 1L0iyQOKU, lKlaaoa fCt-Irl^IitfniC-nUrl i1nI1iI-/rU\
ft contract with o,n Adjoining locfli school system to educste fill or rts students HT one OP
transferred between the local school systems for the purpose of providing financial sappert (or the education of the transferred students, the state shall provide a grant to the
tunds tPftnstCFPCu pupsusnt TJO setid contPflct rft eiiect trUPing tisc&l ye8,r lyoo. 1 hts ^rsnt 9null commenCG m the iiscfli ycflp ll^o { scftool ycflp OP TH flny otncr ycftp during wnicn
ycflps top tne duPfl11on ot tnc contPflct period fts spcciiicd ~HI the contPflct on uflnuflpy ~t~t 1086. However, if the tetms ef- the contract provide for a lesser amount te be transferred
ftmount of tne stftte gpant snflii i&c reduced to correspond witn tne ftmount flctuftHy transferred daring the same fiscal year that the grant is distributed.
scnooi system und^p tfte terms OT ft contPflct fts spec11led TH suDsection \SL) ot this Oode section, the stftte sh8.il reduce ftny eQusiizfttion tunds espned pUPSus.nt to Oode oection 20 2466 by the local school system which is receiving the transferred local revenue. T-he equalization graurt shall be reduced by a amount eqtjai te the grant which the adjoining locoi system receives pupsusnt to suosectton \SL) or this t^ode section, rtoweveP rr the amount ef local revenue transferred frost -the sending teeal school system is greater than

amount ef the equalization grant te which said system weM otherwise have been qualitied.
20-2-163. Reserved.
20-2-164. (a) The State Board of Education shall calculate the amount of local fair share funds the that each local school system shall be required to spend each fiscal year

TUESDAY, MARCH 10, 1987

2191

to support the Quality Basic Education Program; provided, however, that the local fair share for any local school system shall not exceed one-half of the amount calculated pur suant to paragraph (1) of subsection (a) of Code Section 20-2-166. The amount of each local school system's local fair share shall be calculated as follows:
(1) Multiply the most recent equalized adjusted school property tax digest for the local school system by .4;
(2) From the product calculated in paragraph (1) of this subsection deduct the total amount calculated pursuant to subsection (g) of this Code section; and
(3) Multiply the remainder calculated in paragraph (2) of this subsection by 7994
fI\rJ\*T ifiiQ3u/*nnil y^reaanrf 1Uf7}QOT>7 aori>iu/j Vu\y\T ,\fj\f\tj(o\ Tfntjrr ifiisnvrcnili yirennair- 1I*QTQOQO af*ir>iuf4 iut-inc-nr"u"a*^it4-c"r--.
(b) (1) Each local school system shall apply the total amount of its local fair share funds to any combination of programs funded under this article; provided, however, that no portion of the local fair share funds is applied to the financing of educational programs and services operated at the option of the local school system or for any grant program which explicitly excludes the application of local funds or which explic itly requires an application of local funds other than from the local fair share.
(2) The local school system may apply revenues toward the local fair share from any source except: funds derived from the federal government which were not designed to replace local tax revenues; ; the state funds; 7 student tuition and fees; ; and the transfer ef- funds funds transferred from another local unit of administration; and other sources specifically prohibited by provisions of this article; provided, how ever, that an independent school system may apply appropriations from the taxing authority of its municipal government. (c) (1) The state auditor shall furnish to the State Board of Education the equal ized adjusted school property tax digests in accordance with Code Section 48-5-274.
(2) Except as provided in paragraph {3) ef this subsection subsection (b) of Code Section 20-2-162, the sums of the most recent equalized adjusted school property tax climes187 fts snown on tne state attditop 3 ratio study reports, WHICH are due on NovemTM ber W immediately preceding the beginning ef- a school year, shall be used to make the calculations required by subsection (a) of this Code section for each fiscal year.
\of F OP ft local scnooi system wnose most recent Actual property tax digest approveQ oy trie uepaPtment of i\evcnue ts at least o percent less tn&n tne actual pPopeP1y tax digest approved fty tne LJeportment of ivevenue TOP tne same yeap fts ttte equalized adjusted seheel property ta digest furnished by the state auditor and- saeh reduction ts due to more sccupflte assessments OP actual loss m t&n^i Die ppopePty\ OP a combination ef ths twe factors as determined by the Department ef Revenue, the product OT tne equalized adjusted scnool property tax digest lupnisned oy tne state auditor multiplied Dy tne Patio tnat tne most recent actual ppopePty tflx digest
approved by th Department ef Revenue fer the same year as the equalized adjusted scnooi property tax digest snail ue used to mftice tne eaicuiations pecjuired tti suosec* tier* {> ef this Code section fer said system. (d) Each municipality having an independent school system and each county govern ment shall annually provide the Department of Revenue with the following information for each local school system within its jurisdiction:
(1) The total number of granted state-wide constitutional homestead exemptions for occupied homes pursuant to Code Section 48-5-44 exclusive of those homestead exemptions provided pursuant to Code Sections 48-5-47, 48-5-48, and 48-5-52;
(2) The total number of granted state-wide constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48; d
(3) The amount amounts of tax and nontax revenues by source which have been distributed by said local government to local school systems for seheel educational maintenance and operation?; provided, further, that if the total tax revenues collected by a municipal government exceed the amount of all revenues distributed to its school system, the total amount of tax revenues collected by the municipal government shall also be submitted to the Department of Revenue. Such data shall be submitted to the Department of Revenue no later than the date required for the submission of the local tax digests to the Department of Revenue?; and

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(4) The difference between the actual assessed valuation of agricultural property and the valuation that would be assessed if all agricultural property were assessed at 40 percent of its fair market value as provided in Code Section 48-5-7; provided, how ever, that if the taxing authority of a local school system assesses property at a legal standard other than 40 percent of fair market value, the actual assessed valuation used in this calculation shall be reduced to represent the amount which would be assessed if the jurisdiction assessed property at 40 percent of fair market value. (e) The Department of Revenue shall annually verify, certify as correct, and furnish the State Board of Education with the following data for each local school system by November 15:
(1) All tax and nontax revenues by source for the preceding fiscal year which were distributed for school educational maintenance and operation; provided, however, such tax and nontax revenues shall exclude any state revenue collections which were previ ously distributed to the state general fund and then appropriated or allocated to local school systems; and provided, further, that if the total tax revenues collected by a municipal government exceed the amount of all revenues which it distributed to its school system, the total amount of revenues distributed to the school system shall be designated as tax revenues in the report of the Department of Revenue to the state board;
(2) The number of exemptions granted for state-wide constitutional homestead exemptions for owner occupied homes pursuant to Code Section 48-5-44, exclusive of those homestead exemptions provided pursuant to Code Sections 48-5-47, 48-5-48, and 48-5-52, for the preceding calendar year; and
(3) The number of exemptions granted for state-wide constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48 for the preceding calendar year;; and
(4) The difference between the actual assessed valuation of agricultural property and the valuation that would be assessed if all agricultural property were assessed at 40 percent of its fair market value as provided in Code Section 48-5-7, adjusted pur suant to paragraph (4) of subsection (d) of this Code section.
(f) The Office of Planning and Budget shall annually furnish to the State Board of Education with the estimated number of individuals age 65 or older residing in each local school system and the estimated percent that such individuals are of the total population for each local school system. The Office of Planning and Budget shall furnish; pen request ef the General Assembly, aH jeh information s is deemed nccessary by the General Assembly all information requested by the General Assembly regarding the procedure for estimating this percent.
(g) For purposes of calculation under this Code section and Code Section 20-2-165, the equalized adjusted school property tax digest; adjusted by paragraph (1) of subsec tion (a) of this Code section, shall be reduced by the sum of the following products:
(1) The product of the number of constitutional homestead exemptions for owner occupied homes pursuant to Code Section 48-5-44 granted for that year, exclusive of those homestead exemptions provided pursuant to Code Sections 48-5-47, 48-5-48, and 48-5-522 multiplied by the amount per exemption authorized under that Code aeetien Section 48-5-44; provided, further, that in any city operating an independent school system which provides a homestead exemption through local legislation comparable to that provided in Code Section 48-5-44, the product calculated in this paragraph shall represent the number of homestead exemptions provided through the applicable local legislation multiplied by the amount per exemption authorized in Code Section 48-5-44. or by the amount per exemption authorized in the applicable local legislation, whichever is less; and provided, further, that if the amount per exemption authorized in Code Section 48-5-44 has been changed subsequent to the year of the applicable digest, the more recently adopted amount per exemption shall be used for the product calculated in this paragraph;
(2) The product of the number of constitutional homestead exemptions for dis abled veterans pursuant to Code Section 48-5-48 granted for that year, multiplied by the amount per exemption authorized under that Code section; provided, further, that

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in any city operating an independent school system which provides a homestead exemption through local legislation comparable to that provided in Code Section 48-5-48, the product calculated in this paragraph shall represent the number of home stead exemptions provided through the applicable local legislation multiplied by the amount per exemption authorized in the applicable local legislation, whichever is less; and provided, further, that if the amount per exemption authorized in Code Section 48-5-48 has been changed subsequent to the year of the applicable digest, the more recently adopted amount per exemption shall be used for the product calculated in this paragraph;
(3) The product of the estimated number of persons age 65 or older residing in the local school system during that year multiplied by 5,000; and
(4) The product which results from the following calculations: (A) Subtract the estimated state-wide percentage that persons age 65 or older is
of the total population, excluding military personnel and institutional population, dwtng the year from the respective percentage for the said local school system. If the respective percentage for the local school system is less than the state-wide per centage, a difference of zero witt shall be used in the calculations in this paragraph;
(B) Multiply the difference which results from subparagraph (A) of this para graph by 1,000; and
(C) Multiply the product which results from subparagraph (B) of this paragraph by this the estimated number of persons age 65 or older residing in the local school system during that year; j and (5) The product which results from the following calculations:
(A) Divide the amount reported in paragraph (4) of subsection (e) of this Code section by the average ratio of assessed value to true value used to calculate the most recent equalized adjusted school property tax digest pursuant to Code Section 48-5-274; and
(B) Multiply the quotient which results from subparagraph (A) of this paragraph
by. A (h) In the event a local school system fails to provide for or to use the amount of local funds required to be raised and applied by the local school system toward the sup port of the Quality Basic Education Program as defined by this article during any fiscal year, the state beard State Board of Education shall calculate the total amount of such IUHQS wnicn wss not ffliscct or used tft support or sueft pro^pflins tnd flud tn&i junount to the local fair share being required of the local school system for the next an ensuing fiscal year. Further, should the state auditor cite an audit exception which requires that a local school system return an amount of funds to the state general fund, the State Beard ef Education state board shall add said amount to the local fair share of the local school system for the next an ensuing fiscal year if the state board has not been pro vided documentation that the said amount has already been paid to the state general fund. Such additions will thereby reduce the amount of state funds which shall be allot ted to such local school systems. If the State Beard ef Education deems it unlikely that any a local school system wtH does not fulfill its obligation relative to its assessed local fair share or any other provisions of this article for any fiscal year, the State Beard ef Education state board may withhold any portion or all of the state funds to be allotted during the current or an ensuing fiscal year.
20-2-165. (a) As used in this Code section, the term:
(1) 'Assessed valuation' means is defined as 40 percent of the equalized adjusted school property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164.
(2) 'Assessed valuation per weighted FTE' means is defined as the assessed valua tion for the most recent year available divided by the average weighted FTE eeant for the year of the digest.
(3) 'Effective millage rate' means is defined as local tax revenues divided by the assessed valuation and multiplied by 1,000.
(4) 'Eligible full-time equivalent program count' means is defined as the sum of the full time equivalent FTE resident student count and FTE nonresident student

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count pursuant to subsection (b) of Code Section 20-2-160 for each program which has program weight authorized specified pursuant to subsection (b) of Code Section 20-1-161 20-2-161; provided, however, that each full-time FTE nonresident student count for each program shall not exceed the lesser of the count for fiscal year 1986 or the count for any ensuing fiscal yeara unless the local school system serves under contract all of the students in one or more grade levels from an adjoining system or unless the system serves students from an adjoining system under court order.
(5) 'Equalized adjusted school property tax digest' means is defined as the most recent equalized adjusted school property tax digest furnished to the State Board of Education pursuant to paragraph (1) of subsection {d} (c) of Code Section 20-2-164.
(6) 'Guaranteed valuation school system' means is defined as the local school system ranking at the ninetieth percentile in dollars of assessed valuation per weighted FTE, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount in dollars of assessed valua tion per weighted FTE. For the purpose of determining the assessed valuation per weighted FTE of the guaranteed valuation school system only, a reduction of the assessed valuation for exemptions authorized by Code Sections 48-5-44 and 48-5-48 shall be calculated whether such exemptions are granted or not granted by the guaran teed valuation school system.
(7) 'Local tax revenues' means is defined as the sum of tax revenues for a local school system as furnished to the state board by the Department of Revenue pursuant to subsection (e) of Code Section 20-2-164, pto reduced by the total amount of gen eral funds expended for capital outlay or transferred into an escrow account for capi tal outlay purposes for the most recent fiscal year such data is available and increased by any federal funds designed to replace local tax revenues provided to the said system; provided, however, that the local school system has furnished the state board with acceptable documentation which clearly identifies the source or sources of such federal funds.
(8) 'Most recent average weighted FTE count' means is defined as the average of the three most recent weighted FTE counts; except that for fiscal year 4987 it shaW

(9) 'Qualified local school system' means is defined as any local school system hav ing an assessed valuation per weighted FTE count for the year of the digest ranking below the guaranteed valuation school system and having an effective millage rate greater than the millage rate applied to calculate the local fair share pursuant to sub section (a) of Code Section 20-2-164.
(10) 'Weighted FTE count' means is defined as the sum of all eligible full-time equivalent program counts multiplied by their respective program weights in effect during the fiscal year that the FTE counts were obtained pursuant to Code Section 20-2-161.
(11) 'Weighted FTE for the year of the digest' means is defined as the average of the three weighted FTE counts taken during that fiscal year beginning during the year oi tile digest* except Wiftt tof tiscctl yefli* iyo / rt srioii meflft Hie flverfl^e of tne IIPSI tw weighted Ffi eemrts collected during fiscal year 4986 multiplied by the ratio that the aftai average daily membership for fiscal year -1986 is to the average f aH eli gible FTE eetjttts for fiscal year 4986.
(b) The State Board of Education shall annually calculate the equalization grant for each qualified local school system in the following manner:
(1) Subtract the assessed valuation per weighted FTE for the said local school system from the assessed valuation per weighted FTE for the guaranteed valuation school system;
(2) Divide the difference resulting from paragraph (1) of this subsection by 1,000;
(3) Subtract the millage rate applied to calculate the local fair share pursuant to subsection (a) of Code Section 20-2-164 from the effective millage rate for said the local school system and seteet use the resulting number of effective mills or three effective mills, whichever is less, as the number of effective mills to be equalized;

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(4) Multiply the quotient resulting from paragraph (2) of this subsection by the number of effective mills to be equalized pursuant to paragraph (3) of this subsection;
(5) Multiply the product resulting from paragraph (4) of this subsection by the most recent average weighted FTE count for the said local school system; and
(6) The resulting amount shall be the equalization grant for the ensuing fiscal yeflFy i lowever, rt ft iocdl school system nets ftft sssesseQ vsiufl11on pep weinted r A b count fe the year ef the digest ranking feetew the guaranteed valuation seheel aystcm
find llft9 1C9S tfl&n tnFee eilective ITllllS TO P6 CC] Uftl 1KC d pUF3Utflt TO p&P&[f8pft \o) 'Ot
this aubacction and if the actual property ta* millagc levied- by the leeat scheet system TOT mfiintenfince find opeF&11on tR LVOO exceeds ttte &ctuctl property t&x miiiQ^e Pflte levied by the leeal seheel system for maintenance and operation i 1084, the effective miHage calculated pursuant te paragraph {3} ef this subsection fer the purpose ef determining eo(udiiz&tion pflnts IOP iisc&i yesr iyo / only sh&ll oe increflsed "by tfte ratio that the 1084 aetttal property tax millage is te the 1986 actual property -tax millft^e^ except tn&t sucn incre&se sn&ii not cctuse tne c*icctive mills to ~oe eQufliized to exceed three mills, i provided, however, that for each local school system which serves under contract all of the students in one or more grade levels from an adjoining system and for each local school system which sends under contract all of the students in one or more grade levels to an adjoining system, the equalization grant shall be recalculated to represent the amount that would be earned if the students transferred under said contract were included in the FTE counts of the local school system in which they reside; provided, further, that any recalculated equalization grant to be earned by a local school system sending students to another system under the provi sions of such a contract shall be reduced by an amount which represents the equaliza tion funds earned per weighted FTE student multiplied by the total weighted FTE count for students transferred, and any recalculated equalization grant to be earned by the local school system receiving students under said contract shall be increased by the same amount. The amounts so recalculated shall be the equalization grants for such local school systems. The recalculations shall occur after the assessed valuation per weighted FTE of the guaranteed valuation school system has been calculated and shall not affect the calculation of the assessed valuation per weighted FTE of the guaranteed valuation school system. (c) The State Board of Education shall allocate respectively the amount calculated under subsection (b) of this Code section to each qualified local school system. For the first effective year of the merger of any two or more local school systems, the equaliza tion grant shall be the addition of amounts which would have been separately earned
by the systems participating in the merger or the amount which would have been earned if the systems had already been merged during the year of the applicable digest, which
ever is greater. No portion of local fair share shall be applied to such equalization grants. In the event sufficient funds are not appropriated in a fiscal year to the State
Beard ef- Education state board to allot the full amount of equalization grants calculated to be payable to qualified local school systems as provided in this Code section, the
State Beard ef Education state board shall proportionately reduce the amount of funds to be allocated to qualified local school systems. The State Beard ef Education is
authorized and directed te adept and promulgate such rates and regulations as the State Beard ef Education deems necessary r desirable te implement and carry et the intent
ef this Code section. 20-2-166. (a) The State Board of Education shall calculate the total amount of state
funds to be allotted to a local school system by:
(1) Adding the amount needed by calculated for the said local school system for categorical and incentive garts authorized tinder the provisions ef this article grants authorized under the provisions of this article which dp not expressly involve a local
share, except the state school lunch grant pursuant to Code Section 20-2-187, to the amount needed by calculated for the saM local school system for the instructional pro
grams funded tmder the Quality Basic Education formula pursuant to subsection (c) of Code Section 20-2-161;

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(2) Subtracting the amount of funds required by the said local school system for the local fair share pursuant to Code Section 20-2-164 from the sum in paragraph (1) of this subsection; and
(3) Adding; if the said local system qualifies, the any equalization grant which may be earned pursuant to subsection (c) of Code Section 20-2-165j the state school lunch grant pursuant to Code Section 20-2-187, and the portion to be paid from state funds for all grant programs authorized by this article which involve a local share, except the Quality Basic Education formula, to the difference in paragraph (2) of this subsec tion fb) ef- this Code section, the resulting amount ef funds result being the amount of state funds which the State Beafd ef Education state board shall allot over the course of the fiscal year to the said local school system, except that the amount of state funds allotted may be increased by the midyear midterm adjustment as provided in Code Section 20-2-162. The State Beard ef Education state board shall, to the extent necessary, reduce the amount of state funds to be allocated to local school sys tems in support of the Quality Basic Education Program or in support of any of the purposes for which state funds might be allotted to local school systems under this article if the amount of state funds appropriated in support of such program or in support of any one or more of the purposes for which allotments of funds are provided fer by this article is not adequate to finance the cost of the state portion of such pro gram or such purposes, determined in accordance with this article, (b) The State Board of Education shall, by regulation, provide for distribution of state funds allotted to local units of administration under this article and budgets approved by the state board, fe determining the time and manner fer distribution ef stfitc lundS; trie stfltc ooftPd msy^ HI its discretionj consider tine time dt wnic.fi iocfii scfiooi tflx funds slift11 oe collected fluid wiflde &v&ii&Dle to tne scvcrfti tocfli units of adminiatratient and the The state board is authorized to provide for distribution of state funds to local units of administration at such times and in such manner as will most likely meet the periodic needs of local units for the state allotted funds. ; provided state funds appropriated fer saeh purposes are available at saeh times. In determining the time and manner for distribution of state funds, the state board may consider the time at which local school tax funds shall be collected and made available to local units of administration. State funds to be distributed to local units under this article shall be withdrawn from the state treasury on requisitions to be signed by the State School Superintendent, which shall be signed in accordance with such regulations and directions of the state board. ^U~^~lo /. 'ft/--l nc otflte IsoftFQ of EJducfltion stiftll ftnnuftMy compute tor eflcn locsi 9Ciiooi system tne totfti funds needed {OF tne ectteories of direct iustmetionoi costs tor eften pro[Fftm identified ttt oode section &\im&m Lvi tne totfli funds* needed system wide
costs. h computing the total funds needed fer these categories, the State Beard ef Educotton snflii ftppiy tne pepcenrfl^e tnftt tnese co9t9 represent of tne totfli costs used in developing the program weights. The direct instructional costs fer each instructional pfo^rflm tor n&ndicftpped 91udents snfiii oe summed into one Amount tor specifti edu~
minimum ef 96 percent shall be spent en stieh program, except as modified in this sabsection. cjEtCn locfli sciiooi system sn&ri spend ft minimum of yw percent of trie totfli syatcm-widc funds designated fer each ef the media and staff development categories in tne cflteO'f*y TOF wnicn tfte funds were cftrnedr in tfte event sny locfti scnooi system sriouid rftii to encumDCF ftt teflst \y\? percent of sucn tunds fts intended) tne stfltc Dosrd sn&ii mcpeflse tne locfti I&IF snftre tor on eftsuin^ yeflr 0y tne difierence DCtween tne
amount encumbered and the 96 percent amount fer each underexpcnditurc. fts ottieFwise ppovided Dy fftw of pule &nd re^uifttion of tiie st&te Doftrd7 IOCQI scnooi systems msy decide wnctner direct mstFUCtion&i tun03 snctii DC used ror teflcnGr salaries, aide salaries, instructional materials, er any ether appropriate instructional expense?
(a) (1) The State Board of Education shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed for direct

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2197

instructional costs for each program identified in Code Section 20-2-161. 'Direct instructional costs' is defined as those components of the program weights which are specified in subsections (a) through (g) of Code Section 20-2-182. In computing the total funds needed for direct instructional costs for each program, the state board shall apply the percentage that these costs represent of the total costs used in devel oping the program weights. The direct instructional costs for the four instructional programs for handicapped students shall be summed into one amount for special edu cation. The direct instructional costs for the kindergarten program and primary grades program shall be summed into one amount for the early elementary grades. Of the total funds designated for direct instructional costs for each program, a minimum of 90 percent shall be spent on the direct instructional costs of such program, except as modified in this paragraph. For each local school system which is granted an addi tional allotment for the midterm adjustment pursuant to Code Section 20-2-162. the 90 percent amount shall be increased by the portion of the midterm adjustment allot ment which is applied to the direct instructional costs of an instructional program. In the event a local school system does not actually enroll the FTE count that was antici pated by its initial allocation for a program authorized pursuant to Code Section 20-2-161 and it elects to return a portion of that allocation for direct instructional costs to the state, the 90 percent amount for direct instructional costs of that program shall be reduced by that returned amount. Except as otherwise provided by law or rule and regulation of the state board, local school systems may decide whether direct instructional funds shall be used for teacher salaries, aide salaries, instructional mate rial or equipment, or any other appropriate direct instructional expense. Quality Basic Education formula funds in excess of the amount required by this paragraph to be expended by a local school system for the direct instructional costs of an instructional program specified by Code Section 20-2-161 which are not expended for the direct instructional costs of that program may be expended only for the direct instructional costs of one or more of the other programs specified by that Code section.
(2) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for media center costs. In computing the total funds needed for media center costs, the state board shall apply the percentage that these costs represent of the total costs used in developing program weights. Each local school system shall spend a minimum of 90 percent of the total funds designated for media center costs for this purpose. For each local school system which is granted an additional allotment for the midterm adjust ment pursuant to Code Section 20-2-162, the 90 percent amounts shall be increased by the portion of the midterm adjustment allotment which is applied to media center costs. In the event a local school system does not actually enroll the FTE count that was anticipated by its initial allocation and it elects to return a portion of its alloca tion for media center costs to the state, the 90 percent amount for media center costs shall be reduced by that returned amount. Quality Basic Education formula funds in excess of the amount required by this paragraph to be expended by a local school system for media center costs which are not expended for this purpose may be expended only for the costs of one or more of the programs specified by Code Section 20-2-161.
(3) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for staff development costs. In computing the total funds needed for these categories, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. Each local school system shall spend a minimum of 90 percent of the total funds designated for staff development on programs for certifi cated and classified personnel and local school board members and for meeting the certification requirements needed by personnel to continue in currently assigned posi tions. For each local school system which is granted an additional allotment for the
midterm adjustment pursuant to Code Section 20-2-162, these 90 percent amounts
shall be increased by the portion of the midterm adjustment allotment which is
applied to staff development. In the event a local school system does not actually

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enroll the FTE count that was anticipated by its initial allocation and it elects to return a portion of its allocation for staff development costs to the state, the 90 per cent amount for staff development shall be reduced by that returned amount. Quality Basic Education formula funds in excess of the amount required by this paragraph to be expended by a local school system for staff development of certificated and instruc tional personnel which are not expended for this purpose may be expended only for staff development of noncertificated personnel employed by the local school system and the members of the local school board, for meeting certification requirements of personnel, and for administration and operation of the staff development and profes sional development programs authorized pursuant to subsection (g) of Code Section 20-2-182.
(4) In the event any local school system should fail to encumber at least 90 percent of the funds specified in paragraph (1), (2), or (3) of this subsection, the state board shall increase the local fair share for an ensuing year by the difference between the actual amounts encumbered and the 90 percent amounts calculated pursuant to this subsection. All funds earned pursuant to this article may be expended only for the operation of educational programs and services explicitly authorized under this article.
(5) The budget of each local school system shall reflect all anticipated revenues from each source. The budget of each local school system shall designate all of such anticipated revenues among the several funds or accounts of the system and shall not leave any anticipated revenues undesignated. Except as otherwise provided in this paragraph, all amounts allocated to each fund or account and any existing balance in each fund or account shall be intended for expenditure within the budget year for the purposes of that fund or account. There shall be no fund or account in the nature of a 'surplus* or 'unobligated surplus' fund or account. Each local school system may, however, establish a single reserve fund or reserve account intended to cover unanticipated deficiencies in revenue or unanticipated expenditures, provided that the budget for any year shall not allocate to such reserve fund or reserve account any amounts which, when combined with the existing balance in such fund or account, exceed 15 percent of that year's total budget. A local school system may also establish one or more capital accumulation funds or accounts, and amounts may be allocated to such capital accumulation funds or accounts for expenditure in future budget years only if the purpose for which such amounts will be expended and the anticipated date of expenditure of such amounts are clearly and specifically identified. The purpose of this paragraph is to prohibit local school systems from accumulating surplus funds through taxation without accounting to the taxpayers for how such funds will be expended, and this paragraph shall be liberally construed to accomplish this purpose.
(b) (1) The State Board of Education shall establish a computerized uniform budget and accounting system as a component of the state-wide comprehensive educa tional information retrieval ayatcm network established pursuant to Code Section 20-2-320 and shall establish uniform regulations to be implemented by local units of administration. For these systems whien have inadequate telephone service to participflvC ttfc tins computerized system* trie stfltc DOQFQ sufiii design s retPicvfli system TO receive the budget and accounting information within acceptable time limitations for planning, accountability, funding, and reporting purposes. The computerized uniform budget and accounting system shall conform to the generally accepted governmental accounting principles which shall include, but not be limited to, the following costing information:
(A) Instructional program involved;
(B) Whether basic education or enrichment in purpose;
(C) Fund source or sources; and
(D) Major program components such as instructional personnel, instructional operations, facility maintenance and operation, media center operation, school administration, system administration, er staff development or professional development.
(2) The State Beai-d ef Education state board is authorized to prescribe informa tion that must be submitted to the state board and the time it must be submitted.

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2199

The state board is authorized to establish a financial review section for the limited purpose of reviewing financial records and accounting of local governing boards and assisting local units of administration in training personnel in financial and budgetary accounting.
(c) The State Board of Education is authorized to prescribe a date by which each local unit of administration must submit a budget to the state board. The regulations developed by the state board must make adequate provision for local review and modifi cation prior to local approval and submittal to the State School Superintendent. The State School Superintendent shall provide for the examination and preparation of a written report on the budget of each local unit and submit a copy to the state board and to the respective local unit of administration. The state board shall either accept or reject the budget of a local unit.
(d) The standards set forth in this article as saeh minimum requirements for lands shall be construed as setting out a basic plan for the direction of the State Board of Education in planning a program and presenting proposals to the Governor and to the
General Assembly. Nothing in this article shall be construed as amending or modifying in any way Part 1 of Article 4 of Chapter 12 of Title 45, known as the 'Budget Act.' The state board shall, in all of its programs involving allocation or expenditure of funds, be governed and controlled by Part 1 of Article 4 of Chapter 12 of Title 45 and all other laws of general application pertaining to the handling and expenditure of state funds,
none of which are amended, modified, or repealed by this article unless specifically so provided in this article.
20-2-168. (a) All federal funds received by the State Board of Education for pur poses contained within this article shall be apportioned and distributed by the state
board in a manner consistent with this article as additional aid to local units of adminis tration in defraying the cost involved in of establishing and operating approved pro grams subject to such rules and regulations as may be prescribed by the state board and
in accordance with the approved state plan for such programs, where applicable. 4b)--Admission te the instructional programs funded ander this article and located i
the pabHe elementary and secondary schools of the state shall be free te- att eligible ehtt-
dren and youths enrolled saeh programs, except as provided -for in Code Section -20-
0-1 gn
4j J.UU.
if} (b) (1) The State Board of Education, front time te time, through a study and after which includes consultation with the director of the Purchasing and Supplies
Division of the Department of Administrative Services, representatives of local units of administration, and with such others as the state board may deem it advisable te
consult, shall determine whether an overall substantial price advantage to local units of administration may be obtained by means of a combined bid by local units through the State School Superintendent state board and the Department of Administrative
Services on standard items of school equipment, supplies, or services^ or other stan dard expenses; te be designated by the state board; which are ordinarily needed, pro cured, or incurred by local units daring the fiscal seheel year, without a sacrifice of
safety or quality. The study used to make such determination shall be performed not less than once every five years. If the state board shall determine that such a price
advantage to local units may be obtained by such means on any one or more of such items or expenses, the state board shall, after consultation with such persons, establish sets of uniform standard specifications for such item or items as may reasonably be
required in order to meet the various needs and requirements of the several local units of administration. Local units of administration shall, at such times as the state board
shall prescribe, report the probable annual requirement of the local unit for such stan dard items to the state board and the requested time for future delivery of such items. The state board shall compile such requirements and submit a compilation of them
to the Department of Administrative Services, together with such other information as may be needed or otherwise requested by the Department of Administrative Services for the purpose of advertising for bids for a uniform state price on such
items.
(2) The Department of Administrative Services shall advertise for bids for supply of such items in the same manner followed for state purchases; provided, however,

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that the Department ef Administrative Services it shall inform prospective bidders that the bid requested is for the furnishing of such items to the designated local units of administration at the times specified on the basis of a single state price applicable to all local units ef administration, that payment for such items as may be purchased by local units shall be made by the respective local units ef administration to the bidder, that no guarantee is made that any purchases will be made from the successful bidder as a result of such bidding, and such other information as shall be appropriate under the circumstances. The Department of Administrative Services shall, upon receipt of bids, process them in the same manner followed for state purchases and promptly notify the state board of the name of the successful bidder and such other available information as may be required by the state board? The state beard l which shall promptly forward such information to all local units of administration.
(3) Local units of administration ate free te may obtain competitive bids from ven dors on such standard items of school equipment, supplies, services, or other expenses based upon uniform specifications established for such items by the state board and may purchase such items from the vendor submitting the best bid therefor to the local unit, whether or not the bid price of such vendor is greater or less than the state-bid price on such items; provided, however, that whenever a local unit purchases such standard items at a price in excess of the state-bid price for such items, the state board shall, when computing standard costs for allotment of state funds, disallow the excess eest costs paid for such items by the local unit;; provided, further, that; beginMBg January 1; 1087, local units of administration shall implement textbook adoptions from textbook listings prescribed by the State Beard ef Education state board pur suant to Article 19 of this chapter within 18 months of the time said textbook listings are provided by the State Beard ef Education, tatd said teeal units ef administration
textbooks state board. The state board shall prescribe regulations necessary for imple mentation and enforcement of this subsection and is authorized to establish standards and uniform standard specifications and procedures for the purchase, distribution, use, and maintenance, as the case may be, of school equipment, supplies, services, and other expenses, as may be designated by the state board, whether or not state-bid prices are obtained on such items. (c) (1) Except as otherwise provided in this subsection Code section, public elemen tary and secondary schools of this state receiving state aid under this article shall be operated se as te provide that each eligible student has with access to no less than 180 school days of education each fiscal year. The State Board of Education shall define a school year, which shall be no less than the 180 days of education instruction in accordance with the provisions of this subsection, and shall define the length of the school day. within each fiseai seheel year: All local school systems shall begin the school year for students on the first Tuesday following Labor Day, to be effective beginning in school year 1988-89. The state board is authorized to grant a waiver of the school starting date provided in this subsection only under extenuating circum stances to a local school system which makes application for such a waiver to the state board, provided that the system documents the need for an exception in its applica tion. Extenuating circumstances shall include the need to begin the school year for students no more than one week prior to Labor Day if the local school system pro vides evidence that it has been routinely obligated to close school for a significant period of time each year due to inclement weather and the need to begin the school year for students no more than one week after Labor Day if the local school system is experiencing unexpected difficulty in facilities arrangements. Such application for waiver, if approved by the state board, shall be effective for one school year and must be resubmitted for any subsequent year in which the local school system seeks an extension.
{3}--IB the event that at the end ef the test complete week ef the seheel year -twe er fewer days remain for completion ef the regular 186 day school year; a local beard-
Or cQueft11on is not fCQUiPCd to continue scnooi into tnc foilowin^ WCCK tt tnc HQUI-
otncrwisc ncodcoi flrc tnc result of cmys wncn sctiooi wfls CIOSCQ QUG to

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2201

emergency, disaster, act ef God, civil disturbance, or shortage ef vital or critical mate-
Flfil, SUpplieS1 , Of lUer; ift ftHV SUCI1 CtS6; tllC SCflOOi yCflF ElppllCfi DIC tO LflfiX iOCftl DOCUfr
ef- education may terminate, in the discretion ef -the teeal board, at the end ef the test school day ef the test complete week ef the school year otherwise provided for this subsection. Nothing in this paragraph shall be construed to relieve certified personnel

{4} (2) Any provision of this subsection or this article to the contrary notwith standing, when the President of the United States proclaims a national emergency, or when the Governor proclaims a state of emergency, or when, because of disaster, civil disturbance, or a shortage of vital and critical material, supplies, or fuel, the continued operation of the public schools according to the definitions of school year, school month, or school day is impractical or impossible, then the state board shall have the power to authorize local boards of education to depart from a strict interpretation of these definitions, and such departure need not be uniform throughout the state; it being the intent of this subsection te aHew the continuation of public school education in this state under the unusual conditions described.
(3) Each fiscal seheel year shall begin on July 1 and end on June 30 of the follow ing year.
f4)--Any provision of this subsection er this article te the contrary notwithstanding,
\j> ovcmor prociftiins ft stfl.te o cwicpjjjcncy or when, Decftuse ot disftstcrj civil disturb" ancc, er a shortage of vital ad critical material, supplies, er fuel; the continued opcr-
er school day is impractical er impossible, then the state beard shall have the pewer to ftu*nOfizc locfli DoflPu.9 of cQucstioR to depflrt iporft ft stPict in teFpretfl11on Or these definitions, and such departure need net be uniform throughout the state, it being the intent ef this subsection te allow the continuation ef- pttblie school education i this state ttnder the unuaual conditions described. (d) The governing board ef education of any local unit of administration may pro vide for continued operation of one or more public schools educational programs of the local unit for a period of time beyond the normal school year provided for in subsection (c) of this Code section for the purpose of providing summer school education programs, including: the continuation of one or more instructional programs provided for in Part 3 of this article, enrichment of prescribed school programs, accelerated school programs, special programs of education enumerated by or coming within the scope of this article, and such other education programs as may be approved by the State Board of Education; f provided, however, that aH such All summer school programs shall meet and be offered in accordance with stieh standards, requirements, and criteria as may fee pre scribed by the state board. Teachers and other certificated professional school personnel employed full time or part time during such period shall be paid additional satery sal aries based on the state minimum monthly salary schedule, in proportion to the time and services rendered by such personnel. No additional state funds shall be allotted to local units in support of such programs unless the General Assembly authorizes funds for this purpose. The state board is authorized; te the extent that funds may be avail able fer this purpose as authorized by the General Assembly, to allot additional such state funds to local units in support of all or any one or more of such summer school education programs. The extent to which additional these state funds may be allotted to local units of administration in support of any one or more of such programs shall be determined by the state board but shall not in any event exceed the ratio of state funds to local funds made available to the local unit during the preceding school year in support of the calculated cost of providing the Quality Basic Education Program in the local unit during that school year. The state board is authorized to determine the relative need for establishment of any one or more of the various summer school edu cation programs enumerated in this subsection, to establish priorities for implementation of such programs, and to allot funds appropriated for this purpose to local units of administration in support of those programs.

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(e) (1) It is declared to be a the policy of this state that every effort is te be made to utilize currently available educational facilities and equipment on a year-round basis. The State Board of Education shall certify that a local school system has a year-round operation for one or more grade levels^ er equivalent age levels, for any instructional program as provided for in Part 3 of this article which meets the follow ing criteria:
(A) That the operation of the program is for 336 232 official attendance days or more^ constituting four quarters or any plan for year-round operation approved by the state board;
(B) That for a student's first 166 176 or more days2 constituting three quarters or an equivalent plan approved by the state board, attendance shall be on a tuitionfree basis; and
(C) That the program is offered for all official attendance days in accordance with such standards, requirements, and criteria as may be prescribed by the state board. \^/ i lie flilot111eTn Or funds to ft locfll school system under the 'QfUftJnty D&SK cation formula pursuant te Code Section 20-2-161 and for categorical grants pursuant
wnicn ts certified oy the stfite OOQFQ fts oeing opcF&ted on ft yedF*round Dftsis under this subsection shall be funded in accordance with the following procedure: add te the
ede Seetien 20-2-160 and as is adjusted midyear pursuant te Cede Seetien 20-2-162
nf*t.f^. *if*i 'jifj wrnviunriiv- fuHiTiriirv^i-e"u^ W uy.. 4t. iu.--rc..,i!. rfto\wr anlnl "SL*-U--U-JC"--IIL*S~ .w..ii.i^o .w..-e--re^ ,,e,,n_ru^ili|unjuj ,u,^u4i. !IC,,,,SB,, +n!i,n,,n,, fSiTfTvT
enrolled in any instructional program and thereby were net counted in an FTE en ene
Section 20-2-160. (2) For all instructional programs of a local school system approved by the state
board for year-round operation pursuant to paragraph (1) of this subsection, whether the year-round operation is approved system wide or for only a portion of the local school system, the state board shall make the following modifications concerning the calculation of the FTE counts used in the allotment provisions under this article, spe cifically the provisions of Code Sections 20-2-161, 20-2-162, and 20-2-165:
(A) The state board shall require a FTE count to be done each year for the instructional programs approved for year-round operation between June 15 and August 15 in a manner and on a date specified by the state board; provided, how ever, that such counts shall be done in a manner consistent with the provisions of Code Section 20-2-160;
(B) The state board shall average the summer FTE count with the other FTE counts for the instructional programs approved for year-round operations that are specified in the appropriate allotment provisions of this article; and
(C) The state board shall multiply the averages which result from subparagraph (B) of this paragraph by one and one-third and use this FTE count in all allotment calculations for these instructional programs. A similar process shall be applied to all other instructional programs approved by the state board for year-round operation which are required by this article or by state board policy to use student counts in determining the allotment of funds to local school systems. (3) The state board shall have the authority to prescribe requirements and stan dards for the distribution, use, and expenditure of funds allotted under this suDsection* provided, nowever, tnflt( upon HDpiementfttion ot this oode section on ft
available te aH teeal school systems er te the particular leeal seheet system as the ease may be; for saeh purpose en the same basis and at the sameratie at which state funds
providin & iqjuftiity oftste c/ducftt'ton rpo^rflm HI ft iocfti school system fts provided nder this article for students enrolled for 186 official attendance days dwing a fiscal

TUESDAY, MARCH 10, 1987

2203

\TT \ i/--1 tie otAte BOflrti of fiducfl11OH, IPORI tune to time* through study &RU ftitep consultation with the director ef the Purchasing and Supplies Division of the Dcpartment ef Administrative Services, representatives ef teeal writs ef administration, and with saeh ethers as the atate heard may deem it advisable te consult, shall determine whether an everaH substantial price advantage te teeal twits ef administration may -be oDIAmed Dy meARs of ft com Dined Did Dy toecti units tftpou^h the otAte ocnooi oupop* intcndcnt and the Department ef Administrative Services en standard items ef seheel
supplies^ OP services OP otrier 9tAndBPd expenses, to we desinAted oy the* stQtc DOflpd, orciinflHly needed^ ppocuPCd} OP incurred oy IOCAI units during the IISCAT seheel year; without a sacrifice ef safety er quality. K the state beard shall determine thAt sucn ft ppice AdvAn18e to IOCAI units m&y i&e oDtAined ~oy such meARs on Any one er mere ef saeh items er expenses, the state beard shall, after consultation with seeh
HIfly PC&SORADiy oe peQuiped tft order to meet the* vAnotts needs &nd PCQuipements* of tfte sevepAl locfli units of OQininistp&tion uocfti units of Administpfltion 9ns.ii, ftt sucn times as the state beard shall prescribe, report the probable annual requirement ef the local writ for saeh standard items te the state beard and the requested time for fatare delivery of sucn itoms> i Re stste Doflpd snftii compile sucn PCQUIpements* And suomit a compilation ef them te the Department ef Administrative Services, together with saeh ether information as may be needed er otherwise requested by the Department ef Administrative Services for the purpose ef advertising fer bids -for a uniform state price en saeh items.
4&--he Department ef Administrative Services shall advertise fer bids for sapply
that the Department ef Administrative Services shall inform prospective bidders that tne Did peQuested is top tne tupnisnin^ of sucn items to tne desi^nAted locfli units of administration at the times specified en the basis ef a single state price applicable te aH leeal units ef administration, that payment fer saeh items as may be purchased -by locAi units snAti we md.de Dy tne respectivc IOCAI units 'Ox AdministPAtion to tne Didder, tn&t no uflFQHtec is mBde tnAt Any pupcnAses win we m&de irom tne successim Diddep as a resalt ef saeh bidding, and saeh ether information as shall be appropriate under the circumstances? The Department ef Administrative Services shall, ape receipt ef DidSj ppocess vHcitt m tfte SAme mAnnep followed ror stAte purcnAses And ppomptiy
intopHiAttoR AS nifly T&e petjuired oy tfte stAte DOAPd. ~i he -stAte DoAPd snAii ppomptly forward saeh information te aH local units ef administration.
43)--Local units ef administration are free te ebtain competitive bids from vendors OR SUCR st&RdAPd items of school ec|Uipn)entT supplies, services, OP expenscs DAsed upon ttHiiopHi speeiiicAtions estADiisncd TOP such items oy the stAte DOAPd And mAy

ppice OR such itcnts^ provided^ howevept thAt wheneveP ft IOCAI unit purenoses SUCR stAndApd items ftt ft price IR excess ot the stAte" Did price for sucn item&^ the stAte ooAPd shAil) wheR eoRt'pu11n[ stAROAPd costs top Allotment of stAte tunus*; disAllow Bfte excess cost pAid fop such items Dy the IOCBI tmitf provided, lupther, thAt^ oeinnin^ u AnuApy T^ J.yo rj IOCAI units of AdministpAtion shAii iniplement textDOOK Adoptions frem textbook listings prescribed by the State Beard ef Education pursuant te Article Ttr of this chftptep within TO iRORths wf the time SAid textDOOK listings APC ppovided by the State Beard ef Education, and said leeal units ef administration shall provide textDOORS to eflCH student enpolled tR ft course of study thAt PCQUIPCS textDOOKS. i nc state beard shall prescribe regulations necessary fer implementation and enforcement of this subsection And is AUtftopized to estADiish stAndAPds And unitopm stAndAPd specifications and procedures for the purchase, distribution, ase; and maintenance, as the CAse mAy Dej of school equipment, supplies , services^ EIHQ expenses , AS iiifly DC
items.

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Part 5
20-2-180. {a> The essential educational resources described in this part shall serve as the basis for computing the base amount and program weights used in the Quality Basic Education formula pursuant to Code Section 20-2-161. However, local school sys tems shall have discretion the use of the funds provided seh use meets the rcquircttents of this article and Code Section 20-2-411. Although the essential educational resources described in this part ay shall serve as guidelines to local school systems as to the manner by which funds allocated pursuant to Code Section 20-2-161 are expended, the local school systems shall are authorized to expend such funds as deemed appropriate and necessary to provide the most effective instructional educational pro grams and services needed by enrolled students as possible, except as otherwise limited by the provisions of subsection (a) of Code Section 20-2-167 and other appropriate provisions of this article and by wries policies, regulations, and standards promulgated by the State Board of Education.
20-2-181. The program weights shall reflect school-wide and system-wide costs which ftrc D&9&Q upon sucn etcBi6ntftpy, middle, &nu ni^ri scftooi 91ZC9 flnu sciiooi systGiu size jft terms Or 1* A & counts fts to &nsup efficient ft& well st& ciicctivc provision of ftii essen* tial and necessary school-wide and system-wide educational services. The calculation of all program weights shall reflect a base size local school system of 3,300 FTE students. The calculation of program weights for the kindergarten program and primary grades program shall reflect a base school size of 450 FTE students. The calculation of program weights for the middle grades program, the special education programs, and the remedial education program shall reflect a base school size of 624 FTE students. The calculation of the program weights for the high school general education program and the high school nonvocational and vocational laboratory programs shall reflect a base school size of 970 FTE students.
20-2-182. (a) The program weights2 when multiplied by the base amount, shall reflect sufficient funds; subject to appropriation fey the General Assembly for this pur pose; to pay at least the beginning salary salaries of all teachers needed to provide essen tial and necessary classroom instruction in order to ensure a Quality Basic Education Program for all enrolled students2 subject to appropriation by the General Assembly. F urttici*) tn pFOpftm weights for titc nign school pro^fflms pupsusnt to subsection \Q/ Or vvodc bection UTMZTM iol snctll reflect sufficient lunds? suoject to &PPropri&11on oy tne
\jr6n6F8i /\99e Ml Dly rOf tlHS pUFpOSC, tO pPOVtrc tCflCnCFS Wltn 1 pre pflffl11On pCTlOO. rPCC
of- assigned students. (b) The program weights for the kindergarten program, the primary grades program,
and the remedial compensatory education program; ad for aH few programs for handi capped students shall reflect sufficient funds; subject to appropriation fey the General Assembly for this purpose, to provide instructional aides to assist teachersj provided, however, that pursuant to subsection (a) of Code Section 20-2-167 funds earned by a local school system for direct instructional costs of any program specified in Code Section 20-2-161 may be used to employ instructional aides. Further, the base amount and program weight for the middle grades program shall reflect the cost of providing teachers with clerical assistance for a limited portion of each school day, provided such funds have feeen appropriated subject to appropriation by the General Assembly for this
(c) The program weights for the primary and middle grades programs2 when multi plied by the base amount, shall reflect sufficient funds; subject to appropriation fey the General Assembly for this purpose, to pay at least the beginning salary salaries of spe cialists qualified for teaching to teach art, music, and physical education to students 2 subject to appropriation by the General Assembly.
(d) The program weights for the high school programs authorized pursuant to para graph (4) of subsection (b) of Code Section 20-2-1512 when multiplied by the base amount, shall reflect sufficient funds; subject to appropriation by the General Assembly for this purpose, to pay the beginning salaries for guidance counselors needed to provide essential and necessary guidance services. Further, the said program weights2 when multiplied by the base amount, shall reflect sufficient funds; subject to appropriation by

TUESDAY, MARCH 10,1987

2205

the General Assembly for this purpose, to provide for the development and supervision of an extended day program during the regular school year or an extended year program; er both, for students assigned te werfc experience placements and participating in form
Further, said program weights, when multiplied by the base amount, shall reflect suffi cient funds to provide teachers with a preparation period free of assigned students.
(e) The program weights for the high school nonvocational laboratory program and the vocational laboratory progranij when multiplied by the base amount, shall reflect sufficient funds; subject te appropriation by the General Assembly for this purpose, to pay the beginning salaries of laboratory supervisors; respectively, in each program.
(f) All program weighty when multiplied by the base amount, shall reflect sufficient funds; subject te appropriation by the General Assembly fer this purpose, to pay the cost of sick and personal leave for teachers, the employer's portion of costs for retire ment membership in the Teachers Retirement System of Georgia and health insurance programs authorized under this Code by law, the cost of essential instructional materials and equipment needed to operate effectively such instructional programs, and the cost of travel required of personnel in order to deliver educational services to the enrolled students, subject to appropriation by the General Assembly, and the eest ef professional
siena) development activities every five yearsr Seh activities shaft be m accordance with
Board of Education shall withhold from the allotment for each local school system which operates an independent retirement program the amount intended to pay the employer's portion of costs for membership in the Teachers Retirement System of Georgia. The state board shall remit the amount withheld directly to the Teachers Retirement System of Georgia.
(g) All program weights, when multiplied by the base amount, shall reflect, whenever they are revised pursuant to subsection (e) of Code Section 20-2-161, an amount of funds for the purpose of providing staff development to certificated and classified per sonnel and local school board members which shall be at least equivalent to one-half of 1 percent of salaries of all certificated professional personnel used in the development of each respective program weight, subject to appropriation by the General Assembly. The program weights, when multiplied by the base amount, shall also reflect an amount of funds for the purpose of providing professional development stipends which shall be sufficient to allow eligible certificated personnel to participate in such activities at least once every five years, subject to appropriation by the General Assembly. Such stipends shall be provided to the individual on a reimbursable basis on a state approved schedule. If any portion of professional development funds are not expended by a local school system for this purpose, that portion shall be returned to the state. Such staff and pro fessional development activities shall be in accordance with the annual local staff development plan approved by the State Board of Education pursuant to Code Section 20-2-232.
fe) (h) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 2 3 of this article the maximum number of students which may be taught by a teacher in an instructional period. Such maximum class sizes shall be equal to or greater than the class sizes used to develop the program weights as set forth in subsection (b) of Code Section 20-2-161. The number of students taught by a teacher at any time after the first 15 school days of a school year may not exceed the maximum such number unless authorization for a specific larger number is requested of the state board, along with the educational justification for granting the requested exemption, and the state board has approved said request. Ner snail the State Beard ef- Education The state board shall not reduce the studcnt-teaeher ratio class sizes with out the direct authorization of the General Assembly, if such this reduction necessitates added eest costs for facilities, personnel, and other program needs toe te be included in calculations for state funds. Local boards of education may reduce raties class sizes, build additional facilities, and provide other such resources at local cost if such is actions are in the best interest of the local school system's program systems' programs

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as determined by the local beard boards of education. The State Beard of Education
gram which shaH be used in cost calculations for fiscal year 1087 and thereafter. 20-2-183. All program weights2 when multiplied by the base amount, shall reflect suf
ficient funds subject to appropriation by the General Assembly for this purpose to pro vide for the maintenance and operation of facilities essential and necessary for housing sueh instructional programs and essential supportive educational services^ subject to appropriation by the General Assembly.
20-2-184. All program weightSj when multiplied by the base amount, shall reflect suf ficient funds subject te appropriation by the General Assembly for this purpose to pay the beginning salary for at least one media specialist for an appropriate base size school pursuant to Code Section 20-2-181 and to provide media center materials and equip ment, excluding computer hardware and software, as is necessary and essential to sup port instructional programs authorized under Part 3, subject to appropriation by the General Assembly.
20-2-185. All program weightSj when multiplied by the base amount, shall reflect suf ficient funds subject te appropriation by the General Assembly for this purpose to pay the beginning salaries of principals and assistant principals as well as the salaries of secretaries necessary and essential for the efficient and effective management of the instructional and supportive educational programs of an appropriate base size school pursuant to Code Section 20-2-181 and to provide for the costs of operating an adminis trative office in said the schoolj subject to appropriation by the General Assembly.
20-2-186. All program weights2 when multiplied by the base amount, shall reflect suf ficient funds subject te appropriation by the General Assembly for this purpose to pay the beginning salaries of a superintendent, assistant superintendents, and a school visit ing teacher as well as the salaries of secretaries and an accountant necessary and essen tial for the efficient and effective management of all instructional and supportive educational programs of a base size local school system pursuant to Code Section 20-2-181 and to provide for the costs of operating such an administrative office in said for the local school system^ subject to appropriation by the General Assembly. Further, the program weights for all special education programs pursuant to Code Section 20-2-152J when multiplied by the base amount, shall reflect sufficient funds subject te appropriation by the General Assembly for this purpose to pay the beginning salaries of special education leadership personnel and school psychologists and psychometrists essential and necessary for the effective operation of such programs in a base size local school system.
20-2-187. (a) (1) The State Board of Education shall annually determine the amount of state funds needed to provide a state-wide school lunch program. The state board shall, by regulation, provide for certifying and classifying school lunch super visors and managers and establish training programs for school lunch personnel. The state board is authorized to provide for the payment of:
(A) Operating costs of school lunchrooms, including breakfast costs, as financed by federal funds, for those students eligible under federal guidelines;
(B) State supplements to the salaries paid such personnel by local units of administration; and
(C) State incentive pay for satisfactory completion of such training programs. (2) An application of local fair share funds pursuant to Code Section 20-2-164 shall not be made for said payments to local units of administration under this Code section. Any state funds appropriated for this purpose shall be used to supplement federal funds as a means of keeping sale prices within reach of paying children stu dents and of maximizing participation and quality meals for all children students. (b) The state board State Board of Education is authorized to prescribe by appropri ate rules and regulations that there may be included as part of the program of every public school in this state a course of instruction in nutrition, hygiene, etiquette, and the social graces relating to the partaking of meals and is further authorized to allot funds, in a manner consistent with the funding for the other various components of the instructional program, for the reimbursement of costs to local units of administration for

TUESDAY, MARCH 10, 1987

2207

costs directly associated with this program. There shall may be utilized in the course of instruction the full resources available to each individual school, including its cafeterias, school lunch personnel, and all practical demonstrations in the preparation and con sumption of food which shall may be necessary to formulate a comprehensive course of instruction in such subject matter. Any period of the school day may be utilized for the teaching of this course of instruction, including that period usually reserved for the lunch period.
(c) (1) The State Board of Education shall establish a system of allotment allot ments of funds to local units of administration in order to provide for services rendered on a ten-month basis by school food and nutrition personnel. The amount of funds paid to any local unit of administration shall be paid in 12 monthly payments and shall be based upon the number of full-time equivalent school lunch positions needed to plan, prepare, and serve meals in that local unit of administration, times multiplied by an annual base payment. T-he local writ ef administration wiH determine ine 9BIdry sciicciuic dHd personnel policies m flccor QftR'Ce witn pftFfl^Fftpn \o) of tnis subsection. For each school food manager, the local unit of administration shall earn the base payment addition te as well as an amount not to exceed $100.00 per month.
(2) The base payment shall be calculated on the basis of an annual number of hours (190 days times multiplied by eight hours) for a full-time equivalent school lunch position, times multiplied by an amount not less than $161.00 per month for 12 months. Future annual increases in the base payment shall reflect the same per centage increase provided by the state for other state funded positions. The State Beard of Education state board shall annually establish a state performance standard and shall determine the number of full-time equivalent school lunch positions needed to plan, prepare, and serve meals based on the state performance standard and the average daily number of student lunches served during the preceding school year.
(3) The Each local unit of administration shall establish a staffing pattern and determine the number of personnel to employ. Local units of administration shall establish the salary schedule for school food and nutrition personnel and shall use the base payments te help finance in financing the locally established salary schedule.
20-2-188. (a) The amount of funds needed by a county, area school, er independent school system local unit of administration to pay expenses of pupil student transporta tion shall be calculated by the State Board of Education in accordance with a schedule of standard transportation costs to be incurred by local units of administration in the operation of economical and efficient pupil student transportation programs and a schedule of variable transportation costs or variable cost factors dependent upon prevail ing circumstances prevailing in the several local units ef administration which affect, in varying ways, the cost of pupil student transportation authorized by this Code section; provided, however, that the amount of funds to be actually distributed to any local unit of administration under this Code section during any school year shall not exceed the actual costs incurred by the local unit in transporting pupils students to and from public schools, including costs for transportation for handicapped children or limited-Englishproficient students who must travel across county local school system lines or away from their own the school district within the state to which they would normally be assigned if they did not have such special needs. It is further provided that the costs of the regular pupil student transportation program receive full funding before funds are pro vided for transportation of students to and from places for the purpose of work experi ences, training in instructional laboratories outside the assigned schools, and in other such field trips required of or integral to the various instructional components of the educational program. In establishing the schedule of standards and variable pupil student transportation costs or cost factors for the purpose ef allotting funds under this Code section, the state board is, without limiting the generality of the foregoing, author ized to consider facts factors and circumstances such as the number and density of pupils students transported in the local unit of administration and the areas therein served by school buses; the suitability of school bus routes in the local unit; the suit
ability of the type and number of buses used by the local unit; the number of miles

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traveled by school buses in the local unit; minimum bus loads; transportation surveys, cost of transportation equipment, and depreciation schedules therefor; the schedule of minimum salaries for school bus drivers established in accordance with subsection (b) of this Code section; the number of school bus drivers allotted to the local unit; mainte nance, repair, and operating costs of transportation equipment; climate and terrain; condition of roads used for the purpose of transporting pupils students in the local unit; cost of liability insurance; cost of safety instruction and training for both bus drivers and students; and such other facts factors and circumstances as the state board may find te be relevant for the purpose of establishing such schedules and cost factors. The state board shall have authority to establish minimum requirements and standards respecting use of funds allotted under this Code section.
(b) The state feeafd State Board of Education shall establish a schedule of uniform minimum salaries that shall be paid by local units of administration to drivers of school buses, regardless of type of ownership, which shall be not less than the amount appro
priated by the General Assembly each year but not less than $402.00 per month for 12 months. The minimum salary schedule shall not apply to drivers of cars and other vehi
cles not designated as school buses. County, area school, er independent systems Local units of administration shall not pay to any bus driver in its their employment a salary salaries less than that those prescribed by the uniform minimum salary schedule but shall have the authority to supplement th salary of a bus driver employed by the
county, atea school, er independent system such salaries. The expense of purchasing, maintaining, and operating such buses, regardless of type of ownership, shall not be considered in establishing the schedule of uniform minimum salaries for school bus driv
ers. The schedule of uniform minimum salaries shall be used as a standard cost item for the purpose of calculating the expense of pupil student transportation under subsec tion (a) of this Code section. This subsection shall not apply to student or teacher driv
ers. (c) tf and te To the extent that the state beard State Board of Education obtains
a state-bid price under subsection $} (b) of Code Section 20-2-168 on any standard item
of equipment, supply, or service used or obtained by local units of administration in connection with or as a result of providing transportation services to papite students
attending the public schools of such local units or on any other standard expense incur red by local units, the standard transportation cost or allowance to be attributed to such item or expense under subsection (a) of this Code section shall be based upon an
amount not in excess of the state-bid price on such item or expense. (d) Pupils Students who live beyond one and one-half miles from the school to which
they are assigned, according to the nearest practical route by school bus, shall be eligible to be counted as transported papite students for the purpose of calculating that portion of the expense of pupil student transportation associated with transporting pttptts stu
dents from home to school and from school to home as authorized under subsection (a) of this Code section, provided such pupils students are actually transported to such school by school bus or other vehicle made available for this purpose by the local unit of administration. Any ptjptt student who resides within such mileage limitation shall not be eligible to be counted for school transportation state-aid purposes, with the
exception of handicapped students being transported te special programs. (e) The state beard is authorized te State Board of Education shall establish and
require adherence to minimum specifications for vehicles used or contracted to be used by local units of administration for the purpose ef transporting pupils te the pablie seheefe ef the leeal writ students, taking into account the facts factors and circum stances set forth in subsection (a) of this Code section, and is authorized te shall estab
lish and require adherence to minimum standards and requirements respecting maintenance, repair, inspection, and use of such vehicles and minimum qualifications for
the drivers of such vehicles. ? and aH vehicles ased and drivers employed fer saeh prpeses by local units, regardless ef type ef ownership ef sack vehicles, shall conform te
sack, specifications, standards, requirements; and qualifications; provided, however, that the The state board shall require, monitor, and fund a program of safety instruction in
the practices of safe riding and emergency bus evacuation drills for both school bus driv
ers and students riding school buses.

TUESDAY, MARCH 10, 1987

2209

(f) The state State Board of Education shall have the authority to allot funds for the transportation of all school age children public school students residing on Sapelo Island to the mainland of the state for the purpose of attending school on the mainland.
(g) The state board State Board of Education shall adopt policies, procedures, regu lations, and other such requirements for the transportation and for the payment of all transportation costs; tts described, defined, and authorized in pursuant to subsections (a) through (e) of this Code section; for all the children students with special needs identi fied by the various local units of administration; further . Further, the state board shall allot funds to local units of administration for transportation costs for those children students authorized by such local units of administration to attend schools and programs of other local units ef administration or when deemed necessary for adequate edaeational services.
(h) The state beard is further directed and authorized te State Board of Education shall adopt policies and regulations relative to the se ef minibuses vehicles used for the transportation of students with special needs.
(i) Notwithstanding the provisions of subsections (a) through (h) of this Code section, funds to pay the expenses of pupil student transportation shall be paid to an independent school system only when seh funds are requested by the board of edu cation of such independent school system. T-ne Any funds for the expenses ef pupil student transportation costs shall be requested specified by the board of education of the independent school system in its budget prepared pursuant to subsection (c) of Code Section 20-2-167 and, if not budgeted therein, no expenses for pupil student transporta tion shall be payable to the independent school system for the fiscal year covered by such budget. No provision of this Code section er any ether provision ef this article shall be construed to require the board of education of any independent school system to fur nish pupil student transportation services within such school system.
(j) The amount of funds needed by a local unit of administration during a fiscal year for sick and personal leave expenses of school bus drivers shall be determined by multi plying the number of school buses allotted to a local unit of administration pursuant to this Code section by a sum of money not less than $75.00. The state beard State Board of Education shall have the authority to prescribe minimum requirements and standards for the distribution, use, and expenditure of funds allotted under this subsection.
Part 6 Subpart 1
20-2-200. (a) The State Board of Education shall provide, by regulation, for certify ing and classifying all certificated professional personnel employed in the public schools of this state; and ne . No such personnel shall be employed in the public schools of this state unless they shaH hold a certificate certificates issued by the state board certifying as te their qualifications and classification in accordance with such regulations. The state board shall establish such number of classifications of other certificated profes sional personnel as the state beard it may find reasonably necessary or desirable in for the operation of the public schools; provided, however, that such classifications shall be based only upon academic, technical, and professional training; and experience! and competency of such personnel. The state board is authorized to provide for revoking or denying certificates a certificate for good cause after an investigation is held and notice and hearings are provided the certificate holder. The state board shait define the term 'certificated professional personnel,' as used in this article, and shall designate and define the various classifications of professional personnel employed in the public schools of this state that shall be required to be certificated under this Code section. Without limiting the generality of the foregoing, the term 'certificated professional per sonnel' means county er regional librarians and is defined as all ether professional per sonnel certificated by the State Beard ef Education state board and county or regional librarians.
{b)--T-he State Beard ef Education shatt require each applicant fer a renewable certif icate te have obtained satisfactory scores en a test battery which assesses the applicant's

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specific subject matter er ether appropriate professional knowledge essential te performing effectively in the applicant's field ef certification prior te being granted renewable certificate. In addition te the subject matter test; the state beard- shaH be authorized te require each seh applicant te have demonstrated satisfactory proficiency m era! and written communication skills prier te being granted a renewable certificate. Further, the
St-fllC DOflPQ 911tilt DC flUtHOP1Zed TO PCCJUlPe BftCfl SUCH flf)pllCftHt vO IlflVG
satisfactory on the-job performance in the applicant's field ef certification prier te being
gPftHlted ft POOCWft DlC CePllIlCflte. "1 he 9tftte QOflPd 9htll DC fttlt-llOPlzed tO PeCJUire eflCll
applicant seeking an initial renewable certificate te have obtained ft satisfactory seere en a test which assesses the applicant's bread general knowledge. Each saeh applicant shall be provided at least three opportunities te demonstrate satisfactory scores, proficiency, and on-thc-job performance^ and an such applicants currently employed -by a local
be provided staff development assistance in areas ef deficiencies identified as the result ef seh testing er assessments. Applicants seeking an initial renewable certificate mast pass the test tn order te be granted ftn initial renewable certifiestc. 1 he achievement et said passing seeres en designated tests and on-thc-job performance assessments for De^mfiift teflcnePS, out"Oi"'9tftte tcflcnc1*9t flnd experienced teflchePS penewin^j d ccrtuicatc, excluding life-certificated teachers, respectively, must demonstrate said seeres for purposes ef certification only once fer a certification level and field. A41 applicants fer ceptiiicflte penewfli Ht ft teftcnm^ tieid duping tisc&i yeflp 11/0 1 sn&ii De giveft ft onejyGor extension te their existing renewable certificate.
(b) (1) Before granting a renewable certificate to an applicant, the State Board of Education shall require the applicant to demonstrate satisfactory proficiency on a test of specific subject matter or other professional knowledge appropriate to the applicant's field of certification.
(2) Before granting a renewable certificate to an applicant, the state board is authorized to require the applicant to demonstrate satisfactory proficiency on a test of oral and written communication skills and an assessment to demonstrate satisfac tory on -the-job performance appropriate to the applicant's field of certification.
(3) Before granting an initial renewable certificate to an applicant, the state board is authorized to require the applicant to demonstrate satisfactory proficiency on a test of broad general knowledge.
(4) On any test or assessment required as a condition for receiving any renewable certificate, each applicant shall have at least three opportunities to demonstrate the required proficiency. Each applicant currently employed by a local unit of administra tion who initially does not pass any required tests or assessments may request and thereby shall be provided staff development assistance in the areas of identified defi ciencies. An applicant must achieve the required passing score on any of the required tests only once for each certification level and field.
(5) An individual holding a valid life certificate is exempted from the provisions of this subsection for that certificate field. (c) The State Board of Education shall have the authority to grant a renewable certificates certificate at the four-year level in a teaching field to an applicant who has not completed a teacher preparation program; provided, however, that such applicant meets the following conditions:
(1) Is the holder of a bachelor's degree from a regionally accredited college or uni versity in a subject area field which has been declared by the state board to be a criti cal shortage field;
(2) Has satisfactorily completed an appropriate college course related to human growth and development otherwise required of applicants for such certification;
(3) Has satisfactorily completed a one-year supervised classroom internship involv ing the appropriate teaching field; and
(4) Has obtained satisfactory results on tests and assessments pursuant to subsec tion (b) of this Code section otherwise required of applicants for such certification. (d) The State Board of Education shall have the authority to grant a renewable certificates certificate at the five-year level in a teaching field to an applicant who did

TUESDAY, MARCH 10, 1987

2211

not complete an undergraduate teacher preparation program; provided, however, that such applicant meets the following conditions:
(1) Is the holder of a master's degree in education in a teaching field from a col lege or university program recognized or approved by the state board;
(2) Has satisfactorily completed a one-year supervised classroom internship involv ing the appropriate teaching field; and
(3) Has obtained satisfactory results on tests and assessments pursuant to subsec tion (b) of this Code section otherwise required of applicants for such certification,
{e)--The State Beard ef Education may grant provisional er probationary certification to fln o.pp11cfint lor sucn ccF1111cfl11on only fitter trie cudOPSin locftl unit Or fldmimstFflTM tien certifies that the local writ has made a effort te reerett fully certified individuals, inciudm ftnnouncm tft writing tne ovftilflolc position or positions TO flpppoppKite prc* paratory institutions m its regien ef the state and te the Department ef Education at iuu9t tnroc montfts ift ftdvQnce1 of tnG dste of need. Announcements for sucn certified individuals shall fee advertised in the legal ergan ef -the county in which the school system ts lOCflt&u. IT trie posiwOH nfls Deen &v&11ftole fof tnree montns OP less find s&id applicant meets aH ether provisions ef law and state -beard policy, -the state feeard may grant provisional er probationary certification te sweh applicant.
20-2-201. (a) Any person certified as a teacher, principal, or guidance counselor pursuant to Code Section 20-2-200 shall have satisfactorily completed a course of five or more quarter hours, approved by the state feeard State Board of Education, in the identification and education of children who have special educational needs or shall have satisfactorily completed an equivalent preparation in a staff development program designed te assist teachers, principals, and guidance counselors in tne identification and education ef children whe nave special educational needs for this purpose, provided such staff development program shall have received prior approval of the state board. As used in this subsection, 'children who have special educational needs' means is defined as such children as defined by Code Section 20-2-152. Those teachers, principals, and guid ance counselors of other states, those applicants completing noneducation programs who are otherwise eligible for provisional certification in Georgia, and those teachers with lapsed Georgia teaching certificates who are otherwise eligible for emergency certificates who would be employed and certified in Georgia schools but lack the requirements of this subsection shall have a period of one year from date of employment to obtain the prescribed training. Teachers holding valid Georgia teaching certificates shall have until their recertification date to comply with the requirements of this subsection. Any person taking the course under this Code section shall receive appropriate credit toward certifi cation and in-stcp raises salary increases.
(b) Universities and colleges having teacher preparation programs for grades kinder garten through eight shall require, as a part of such teacher preparation requirements, a separate course in health education and a separate course in physical education. The content of the course in health education shall include general knowledge and attitudes in all critical areas of health and shall include drug abuse, and alcohol abuse, smoking, and health education. The required course in physical education shall contain knowl edge, attitudes, and understanding of how physical activity shall be integrated and correlated into the total lifestyle of an individual.
(c) Each local unit of administration shall be required to provide all professional per sonnel certificated by the State Board of Education 12 clock hours of in-service or con tinuing education in each calendar year, or meet requirements of the Southern Association of Colleges and Schools. Such in-service programs shall be developed by the local unit of administration in conjunction with such agencies as RESA's, colleges and universities, and other appropriate organizations. These programs shall be designed to address identified needs determined by appropriate personnel evaluation instruments. Records of attendance shall be maintained by local units of administration and shall be monitored by appropriate Department of Education staff.
20-2-202. All teachers and other professional personnel who hold er have held life certificates shall be entitled to carry forward that lifetime status if they become quali fied by reason of additional training for a next higher level of certification in the same

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field. Further, However, holders of life certificates shall be subject to the tests and assessments regarding certification pursuant to subsection (b) of Code Section 20-2-200

ftfe not FeQUlFeCl i SUCH nOluCPS &t 1116 CCPclIlCfllCSJ flltflOU^ft tllGy Klfly VOlUWtflFlly

submit for saeh asscsamcnta in erdr when such tests or assessments are required to

qualify for other provisions as set forth in this article or by state board policy and regu

lations or regulation.

f)f\ n OJ"\O

P.,^^-^4- fj\i* A \~f-. ^^^t-ifi^^.4-^ T-tiifnunrtf -kt\ /"'.-.J^ Qrw*tirvn O/VO OAO **J1 A 11

i\J~&~&\Jd, EJXUC^Jt IVI a I11C UCr til ItcltC ^sui>uciiii> t\7 wUUC kj&^nv^* *\t~'ti-i^\jt*^ till' f\ll

renewable certificates granted by the State Board of Education shall have a validity

period of five years.

20-2-204. (a) As used in this Code section, the term:

(1) 'Aide' means is defined as a person who may have less than professional train

ing and who takes no independent actions and has no decision-making authority but

performs routine tasks assigned by higher certificated personnel. Aidca An aide who

work works as an instructional aides aide shall possess the minimum of a high school

diploma or a general educational development (GED) equivalency diploma.

(2) 'Licensed personnel' means is defined as paraprofessionals and aides.

(3) 'Paraprofessional' means is defined as a person who may have less than

professional-level certification^ who relates in role and in function to a professional

and who does a portion of the professional's job or tasks under the supervision of a

the professional and whe has seme whose decision-making authority^ is limited and

regulated by his relationship with the professional. Such paraprofcssionals a

Paraprofessional shall possess the minimum of a high school diploma or a general

educational development (GED) equivalency diploma.

(4) 'Permitted personnel' means is defined as persons who may not qualify for pro

fessional certificates, including retired teachers, but who function in the educational

programs in the same manner as certificated personnel. Such personnel qualify for

their positions on the basis of experience rather than formal education,

(b) The state board State Board of Education shall provide for the classification of

all licensed and permitted personnel employed in the public schools of this state, and

no such personnel shall be employed in the public schools of this state unless they meet

such minimum criteria as developed by the state board; provided, however, that such

classifications shall be based only upon academic, technical, and professional training

and experience of such personnel. The state board is authorized to provide for revoking

or denying certificates er licenses a license or permit for good cause after an investi

gation is conducted and notice and hearing is provided the certificate license or permit

holder.

Subpart 2

20-2-210. All personnel employed by local units of administration, including elected er and appointed school superintendents, shall have their performance evaluated annu ally by an appropriately trained evaluator evaluators. In the case of the local school superintendents, such evaluations shall be dene performed by the local board of edu cation. Certificated professional personnel who have deficiencies and other needs shall have a professional development plan plans designed to mitigate such deficiencies and other needs as may have been identified during the evaluation process. Progress relative to completing the annual professional development plan shall be one ef the assessments assessed during the annual evaluation process. The State Board of Education shall adopt such regulations and standards as are deemed necessary to ensure that the annual evalu ation and professional improvement planning processes are as objective, equitable, and effective as possible. The State Beard ef- Education, in an effort te facilitate efforts ef teeal tmits ef administration te implement these provisiona, shall provide medl instrufisefitS) model processes, tccnmcfll sssistflnce, cleftFiR^nouse tunctions,- fltid sucn otrier assistance which may fee needed, state board shall provide for the development and implementation by July 1^ 1989, of a state-wide uniform annual evaluation instrument for each classification of professional personnel certificated by the state board. These instruments shall be field tested and revised to meet established measurement criteria designed to provide for validity and reliability.

TUESDAY, MARCH 10, 1987

2213

20-2-211. (a) All teachers, principals, other certificated professional personnel, and other seheel personnel of a local units unit of administration shall be employed and assigned by local beards ef- education its governing board on the recommendation of the seheel superintendent ef the leeai unit its executive officer. Minimum qualifications for employment of all settee! personnel may be prescribed by the State Board of Education unless otherwise provided by law. Employment contracts of teachers, principals, and other certificated professional personnel shall be in writing and shall be signed in dupli cate by such personnel on their own behalf and by the local seheei superintendent executive officer of the local unit of administration on behalf of the teeal beard ef edu cation its governing board.
(b) Any other provisions of this article or any other laws to the contrary notwith standing, each local beard ef education governing board shall, by not later than April 15 of the current school year, tender a new contract for the ensuing school year to every each teacher and other professional employee certificated by the State Board of Edu cation on the payroll of the local seheel system unit of administration at the beginning of the current school year, except tcachcra those who have resigned or who have been
terminated, or shall notify in writing any each such teacher or other certificated profes sional employee of the intention of not renewing his or her contract for the ensuing school year. When such notice of intended termination has not been given by April 15, the employment of such teacher or other certificated professional employee shall be con
tinued for the ensuing school year unless such teacher er employee has been removed in the manner as provided in Code Section 20-2-940 or unless the teacher or certificated professional employee elects not to accept such employment by notifying the local gov
erning board or superintendent executive officer in writing not later than May 1. (c) Any other provisions of this article or any other laws to the contrary notwith
standing, no local beard ef education governing board shall employ any person as a
teacher who has been discharged from the armed forces of the United States with a dis honorable discharge as a result of desertion or any person who has fled or removed him self from the United States for the purpose of avoiding or evading military service in
the armed forces of the United States, excluding those who have been fully pardoned. (d) Each local school system shall have a job description for each certificated profes
sional personnel classification, shall have policies and procedures relative to the recruit ment and selection of such personnel, and shall adhere to such recruitment and selection
policies and procedures. Such policies and procedures shall assure nondiscrimination on the basis of sex, race, religion, or national origin. Such policies and procedures shall also include the announcement in writing of the availability of all certificated positions to the appropriate colleges and universities in the state and to the Department of Education.
A local board of education may also announce such positions in the legal organ of the county in which the school system is located and to colleges and universities in other states.
i-,\. ,, (,fl/ ""As used itt tnis Oodc section, ft sftlftry schedule nse&RS1 ft type* or salary schedule established upon tt set ef relationships respecting salaries te be paid- persennel according te varieas classifications.
(b) The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten-month basis and which shall be paid by local
unite of administration to the various classifications of professional personnel required to be certificated by the state board. Sued The minimum salary schedule as defined in subsection {} ef this Code section shall provide a minimum salary base for each classifi cation of professional personnel required to be certificated; shall provide for increment
increases above the minimum base salary base of each classification ef sueh pcraonncl based upon the individual experience and length of satisfactory service ef atteh
personnel; and shall include such other uniformly applicable factors as the state board may; in its discretion, find relevant to the establishment of such a schedule. The mini
mum salary base for certificated professional personnel with a bachelor's degree degrees and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to the beginning salary salaries of the recent graduates of the University
System of Georgia holding bachelor's degrees and entering positions, excluding profes sional educator teaching positions, in Georgia having educational entry requirements

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JOURNAL OF THE HOUSE,

comparable to the requirements for entry into Georgia public school teaching. The list of Georgia beginning salaries by degree field used to calculate Georgia's beginning teachers1 salaries the minimum salary base shall be presented annually with the Governor's budget recommendations. Sttch The state minimum salary schedule shall in all other respects be uniform, with no differentiation being made on the basis of subjects or grades taught. The General Assembly shall annually appropriate funds to implement a salary schedule for certificated professional personnel. Certificated professional per-
stjch salary schedule. For each state fiscal year, the State Beard ef- Education state board shall adopt the salary schedule for which funding has been appropriated by the Georgia General Assembly. A local unit of administration shall not pay to any teacher er ether full-time certificated professional personnel in its employment employee a salary less than that prescribed by the schedule of minimum salaries; Ner ; nor shall a local unit of administration pay to any part-time certificated professional employee less than a pro-rata portion of the respective salary prescribed by the schedule of minimum salaries. Local units of administration may, however, supplement the salaries of such personnel and, in fixing the amount thereof, may take into consideration the nature of duties to be performed, the responsibility of the position held, the subject matter or grades to be taught, and the experience and performance of the particular personnel employee whose salary is being supplemented.
20-2-213. The State Board of Education is authorized and directed to devise a teacher career ladder program programs for teachers and other professional personnel certificated by the state board which has as its purpose providing classroom teachers provide such personnel who demonstrate above average or outstanding competencies relative to teaching skills and their teaching field their respective positions and exhibit above average or outstanding classroom performance; which may include the achieve fl*ent ef students beyond the level typically expected for their ability, in executing their assigned responsibilities with salary supplements in recognition of such competency and performance. :Fhe state beard shaH appoint a task force which is broadly representative ef- aH educational interests te advise it concerning the development and implementation
Of SUCh teflCrMJf CftFCCF IftddftT pFO^fPftHIT F OliOWlh^J QdOp11On Of tftSK IOPC6
tions, the otftte oOftFG of jducfl11OH shtii suDmit such reconiinendft*ions to trie Aaacmbly for review. Achievement of students beyond the level that is typically expected for their ability shall be included in the performance criteria for any of the respective personnel categories when specified by the state board. The state board shall submit its policies and guidelines pertaining to the implementation of career ladder programs, along with the recommendations of the career ladder task force, to the General Assem bly for review prior to submitting a request for funds to grant salary supplements under this program. The state board shall then grant sufficient funds subject te appropriation by the General Assembly for this purpose to each local unit of administration to pay the salary supplements of all classroom teachers personnel awarded such supplements under the teacher career latter ladder program programs, subject to appropriation by the
share pursuant te Code Section 20-2-164 te the grants provided under this Code section. 20-2-214. {*} The State Board of Education shall establish a schedule of salary
supplements for administrators who have system-wide and or school-wide responsibili ties. Saeh Each salary supplements supplement shall be based upon a amount per FTE student and the responsibilities ef the position on the respective weighted FTE count of the school system or school, the responsibilities associated with the respective posi tions. and any other factors as may be specified by the state board. The state board shall have the authority to establish salary supplements for other public education posi tions as deemed necessary and appropriate. The program adjustment amount for traing and experience pursuant te Code Section 20-2-161 shatt reflect the amount ef funds
supplement ftpproved oy the stftte DOftPd find included within the ppo^pflin ftdjustmeht QmotHrt fop tpflimn^ ftnd experience sh&ii we sepflrfltely ideh111led uy cfltefjory of perTM sennel with total eest requirements^ The amount of funds granted annually to a local

TUESDAY, MARCH 10, 1987

2215

school system shall be sufficient to pay such salary supplements, subject to appropria tion by the General Assembly.
XI&T--l nc state Doard t& autnonzcd and directed TO devise a program wnicn nas as- its purpose providing certificated nontcaehing personnel who possess above average or out standing competencies relative te their position and exhibit outstanding performance m executing their responsibilities with salary supplements in recognition ef such compctecy and performance. Achievement ef students beyond the level typically expected for thif ability may be included in the performance criteria for certificated nontcaching
Ti'KIKn sattoowtn; Vm>rm>nrrufi sauKnnnll nuasne jL-VIImC tLnQaSlJrI ifunrrufcf> jrvjiuirrsonuatiin1t1 tctt\r vf^_.vruuutac oQcnru-fniru>nrt &O\AJ_O&_mO'iIioQ
er shall appoint oft additional task force comprised of rcprcscntativca of appropriate educational interests to advise the heard concerning the development and implcmentalion ot SUCA salary supplement prograTt\~ 1 tie state Doard snail allocate, once rt nas adopted such a salary supplement program for certificated nontcaching personnel, sufficient tunds subject to appropriation i^y tne ijreneral Assem uly to eacn local unit of administration to pay tne salary supplement of all sucn personnel awardeu tne said
apply any portion of th local fair share pursuant te Code Section 20-2-164 te the grantsprovided under this subsection.
20-2-215. Classroom aides and paraprofessionals shall have, while performing assigned duties, the authority of 'in loco parentis,' except for the administration of corporal punishment; provided, however, that such aides and paraprofessionals have at least the minimal training or experience, or both, prescribed by the state beard State Board of Education to have such authority and that such aides and paraprofessionals are under direct supervision of classroom teachers or other certified certificated profes sional personnel on a daily basis. Such aides and paraprofessionals shall have such authority both when the classroom teachers are present and when they are absent for justifiable purposes. Such purposes shall include planned release time and such activities as accompanying selected students to other locations or sites, instructing individual stu dents or small groups at a location away from the classroom, meeting with parents and guardians, planning instructional programs or lessons, participating in staff development activities, and other such education activities related to classroom instruction. The state board shall have the authority to prescribe such requirements and standards as it deems necessary for the effective implementation of this Code section.
20-2-216. As a condition for receiving funds under this article, it shall be the duty of each local unit of administration to employ and to utilize the services of substitutes for teachers who are absent. It shall be the duty of the local unit of administration to employ substitutes, including retired teachers in accordance with Code Section 47-3-127, who possess a valid teaching certificate certificates issued by the State Board of Edu cation. If a no person holding a valid teaching certificate is net available te sei-ve as a substitute for a teacher whe is absent for this purpose, the local unit of administration is authorized to employ the person who most closely meets the requirements for certifi cation as a teacher and who is available to serve as a substitute^ provided such person is closely supervised by the school principal or principal's designee. It shall be the duty of the state board to promulgate and adopt rules, regulations, and policies establishing classes or categories of persons, in order of descending priority, who most closely meet requirements for certification within this state. Nothing contained in this Code section shall prevent the local governing board or local school superintendent its executive offi cer from refusing to employ as a substitute teacher one who, in the discretion of the board, would be detrimental to the education of the students provided for by this arti cle.
Part 9 7 20-2-260 20-2-230. (a) All public school officials and professional personnel certifi cated by the State Board of Education shall be provided the opportunity to continue their development throughout their professional careers. The primary purpose of the staff development sponsored or offered by local units of administration and the Depart ment of Education shall be the implementation of this policy. Two additional purposes of such staff development programs shall be to adopt into general practice the findings

2216

JOURNAL OF THE HOUSE,

of scientifically designed research which has been widely replicated, particularly as it relates to teacher and school effectiveness, and to address the professional needs and deficiencies identified during the process of objective performance evaluations.
(b) All newly elected and appointed new members of governing boards of local units of administration shall, before or within one year after assuming office, receive orientation en to the educational program objectives of Georgia and instruction and study in school finance; school law, with special emphasis on the 'Quality Basic Edu cation Act'; responsiveness to the community; the ethics, duties, and responsibilities of local scheel governing board members; the evaluation of the annual performance evalu ation of the school superintendent and the local board of education; and such other topics that as the State Board of Education may deem to be necessary. The state board is authorized to require the training of all members of boards of local units of adminis tration which the state board deems to be necessary to ensure the effective management and operation of the local units of administration ef the state. The Department of Edu cation is authorized, in cooperation with the Georgia School Boards Association, to con duct workshops providing such instruction and study and to present to each board member completing such workshop an appropriate certificate. All boards of local units of administration are authorized to pay such board members the same per diem as authorized by local or general law for attendance pen at regular or special meetings, as well as reimbursement of actual expenses for travel, lodging, meals, and registration fees for such workshops, either before or after such board member assumes members assume office.
pUPSU&F11 T I^OuC OCCllOR aAJ*s m 1JOL 911All
reflect a* amount of ftmds that is at least equivalent te one-half f 4 percent -of -aH -profcsaional salaries ttsed- in the development of eaeh program weight. These fends snail be used for staff development.
20-2-262 20-2-231. (a) The State Board of Education is authorized and directed to establish the Georgia Education Leadership Academy whose full-time personnel shall be employees of the Department of Education. The purpose of the Georgia Education Leadership Academy shall be to provide opportunities for public school leadership per sonnel to update and expand their leadership knowledge and skills.
(b) The Georgia Education Leadership Academy shall have an advisory board. Mem bers of the advisory board shall consist of two representatives from each of the following categories:
(1) Representatives of local school system administrators appointed by the state beard State Board of Education;
(2) Representatives of colleges and universities appointed by the state board; (3) Representatives of the House of Representatives appointed by the Speaker of the House; (4) Representatives of the Senate appointed by the President of the Senate; and (5) Representatives at large appointed by the Governor.
Members of the advisory board may be reimbursed for reasonable and necessary expenses incurred while carrying out their responsibilities if such reimbursement has not been provided from other sources. This subsection shaH stand- repealed en Jly lj 1088, unless otherwise rccnoctcd by the General Assembly.
(c) The Georgia Education Leadership Academy shall use such approaches as are deemed necessary to ensure the active participation of public school leadership per sonnel and their mastery and application of essential knowledge and skills. Such approaches shall include but are not limited to, conducting seminars and workshops, awarding academic or staff development credit, and providing on-site technical assis tance. Local governing boards are authorized to reimburse such administrators for actual expenses which result directly from participating in this program. The State Board of Education shall provide a status report as to the effectiveness of this program pursuant to subsection (e) of Code Section 20-2-282.
20-2-263 20-2-232. Each local school system shall develop an annual comprehensive staff development plan and shall submit such plan to the State Board of Education for review and approval in the manner and at the time prescribed by the state board. The

TUESDAY, MARCH 10, 1987

2217

annual comprehensive staff development plan shall provide for programming programs designed to address deficiencies of school and system personnel as identified through the annual personnel evaluation process, staff development needs as identified through the evaluation of the effectiveness of instructional programs, and such other needs as deemed necessary by the local school system or prescribed by the state board.
Part 3 8
20-2-230 20-2-240. (a) The State Board of Education shall adopt and prescribe all rules, regulations, and policies required by this article and shall adopt and prescribe such other rules, regulations, and policies as may be reasonably necessary or advisable for proper implementation, enforcement, and carrying out of this article and other public school laws e* and for assuring a more economical and efficient operation of the public schools of this state or any phase of public elementary and secondary education in the public schools ef this state. The state board shall establish and enforce standards for operation of all public elementary and secondary schools and local units of school administration in this state so as to assure, to the greatest extent possible, equal and quality educational programs, curricula, offerings, opportunities, and facilities for all of Georgia's children and youth and for economy and efficiency in administration and oper ation of public schools and pablte local school systems throughout the state. The state board shall have the power to perform all duties and to exercise all responsibilities vested in it by provisions of law for the improvement of public elementary and second ary education in the public elementary and secondary schools ef this state, including actions designed to improve teacher and school effectiveness through research and demonstration projects. The state board shall have the power to take such actions as it deems necessary to ensure that the citizens have full awareness and knowledge relative to the costs, quality, and performance of the public elementary and secondary schools of this state. All rules, regulations, policies, and standards adopted or prescribed by the state board in carrying out this article and other school laws shall, if not in conflict therewith, have the full force and effect of law.
(h) The State Board of Education is authorized, after a reasonable attempt at con sultation with the State School Superintendent, to organize and reorganize the Depart ment of Education and the various offices, divisions, sections, and units thereof and to prescribe the duties, functions, and operations of each at such times and in such man ners manner as the state board may deem necessary or desirable for the more econom ical or effective organization, administration, or functioning of the department.
20-2-231 20-2-241. The State School Superintendent shall be the executive officer of the State Board of Education and the administrative officer of the Department of Edu cation. He shall be responsible for the administration and enforcement of this article and other school laws in accordance with such laws and with rules, regulations, policies, and standards adopted or prescribed by the state board for the implementation, admin istration, or enforcement of such laws.
20-2-282 20-2-242. AH The political subdivisions governed by county, independent, and area public school boards of education in this state; established pursuant to law; shall be local school systems known as 'local school systems' for the purposes of this article, except where other specific provisions are made. All local school systems, boards of control of regional educational service agencies established pursuant to Code Section 20-2-272, and any other school local or regional public educational education agencies established pursuant to law shall be teeal units ef administration known as 'local units of administration' for the purposes of this article, except education agencies governed or regulated by boards of other state agencies or except where other specific provisions are made. The qualifications! manner and time ef selection, election, or appointment; tenure; state compensation, if provided for; and powers and duties ef seheel superintendents
be as prescribed by tewt provided, however, that svtek school superintendents and mcmbers ef local beards ef education shall comply with, execute, and enforce this article and ether school laws and provisions ef rules, regulations, policies, and standards adopted by
tflC Otfttft DOftPO Or HjuUCfltlOn pUP9Uft111 tnCPCtO HI OFQCl? T PCI1QGF til6 PCSpCCv1VC lOCfll

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units or administration eligible TO receive suite funds under Tnts Article. 1 he members and executive officers of local governing boards shall comply with, execute, and enforce all laws and all policies, rules, standards, and regulations adopted by the State Board of Education in order to be eligible to receive state funds under this article. The qual ifications, manner and time of selection, tenure, powers and duties, and state compen sation if provided for, shall be prescribed by law for all members and executive officers of local governing boards. Specifically, however, each pablie school local board of edu cation shall be responsible for ensuring that:
(1) The instructional programs authorized pursuant to Part 3 of this article and the uniformly sequenced core curriculum authorized pursuant to Part 2 of this article are fully and effectively implemented;
(2) Locally adopted and offered enrichment programs, courses, and activities are properly planned, implemented, monitored, and evaluated to ensure the highest qual ity possible; and
\<j) 1 tic citizens FG8iuin witftin Trie loc&i sciioo* system ftfive lull QWflrcncss ctnd knowledge Information is distributed to the public on a continuing basis relative to the costs, quality, and performance of the system's elementary and secondary schools.
* &HCI
held by certificated professional personnel, has policies relative te the recruitment and-
eiesr Seh policies shatt asswe nondiscrimination en the basis ef sexj race, religion, er national origin. 20-2-238 20-2-243. In the event a local unit of administration shall fail to comply with any provision of this article or other school laws; any provision of rules, regulations, policies, standards, or requirements established by the State Board of Education; or the terms of any contract with the state board, the state board may, in its discretion, with hold from seh the local unit all or any part of the state contributed Quality Basic Edu cation Program Georgia funds allotted to stieh the local unit under this article until seh tiffl* as full compliance is made by the local unit. The state board shall, before withholding such funds, notify the local unit of its intention te withhold 9teh fends and state the reasons for such action. The governing board ef- education of the local unit shall be entitled to a hearing en stieh matter before seh funds are withheld, provided the local board requests saeh a hearing within 30 days from receipt of such notification. If the local beard ef- education governing board feels itself aggrieved by the final deci sion of the state board following seh the hearing, the local board shall have the right to obtain judicial review of saeh the decision, on the record made before the state board, by filing an appeal in the superior court of the county of the local unit affected. Stieh The appeal shall plainly specify the decision complained ef being challenged, the ques tions in dispute, the decision of the state board, the relief sought by the local board, and the contentions of the local board. The appeal shall be based upon the record as a whole established at the time of the hearing before the state board. A transcript of the testimony and other evidence adduced before the state board at the time of such hearing shall be prepared and certified as true and correct by the State School Super intendent and filed in the court within 30 days after date of service of a copy of the appeal upon the superintendent or within such other time as the court may allow. The decision of the state board on appeal shall not be set aside if based upon any substantial evidence in the record, considering the record as a whole. The court may, in its discre tion, whether or not prayed for in the appeal, remand such the matter for future pro ceedings or findings on such directions or terms as may be specified in the order of the court. Proceedings for review of the final judgment of the court shall follow the same course which is now or may hereafter be prescribed for other civil actions in the superior court. No funds shall be withheld until all appeals are exhausted. Any local unit of administration which feels aggrieved by any decision of the state board shall have the right to appeal under the provisions of this Code section.
Part 8 9
20-2-240 20-2-250. (a) The State Board of Education shall provide grants sabjeet te appropriation by the General Assembly for this purpose to qualified local units of

TUESDAY, MARCH 10, 1987

2219

administration for the purpose of improving the effectiveness of an educational program or service within a school, a cluster of schools, or system widez or regionally, subject to appropriation by the General Assembly. The state board shall appoint a review panel to evaluate all submitted proposals and submit appropriate recommendations to the state board for funding based upon criteria specified within this Code section. The cri teria for awarding such a grants grant shall include the potential for widespread adop tion of such improvement by other public schools or local units of administration in the state, the potential to which the project is likely to result in the proposed improvement, the quality of the proposed project design, the reasonableness of the costs involved in conducting the project, and such other criteria which the state board may deem appro priate and necessary. The state board shall have the authority to establish a list of educational programs and services for which project proposals will be considered or the state board shall have the authority to consider unsolicited project proposals concerning any educational program or service needing improvement, or both. Local units of admin
istration shall be required to expend local funds for a portion of the costs of projects authorized under this subsection. The amount of such local funds shall be based upon the ability of a local unit to pay a share of the cost relative to the ability of other local
units in the state to pay their share shares of such cost. Such local funds shall be in excess of the local funds required for the local fair share pursuant to Code Section 20-2-164 and in excess of the local funds required as a portion of the costs for other
grant programs authorized under this article. The state board is further authorized to reduce the amount of a local grant request through negotiation with a local governing board and award the difference to an additional local unit of administration which has
submitted an unfunded, qualified project.
(b) The State Board of Education shall provide grants subject te appropriation fey the General Assembly for this purpose to qualified local units of administration for the purpose of assisting other local units in their efforts to adopt an effective improvement
of an educational program or servicez subject to appropriation by the General Assembly. Only those local units of administration which have completed innovation programs under the process defined in subsection (a) of this Code section, regardless of fund
source, and such innovation programs have been sufficiently validated to demonstrate program effectiveness, may be considered for funding on a priority basis. The criteria for awarding the grants such a grant shall be that the local unit of administration was
previously instrumental in the development or adoption of such effective improvement, that the improvement has the potential for widespread adoption by other local units or
schools in other local units, that the improvement contributes to the increased effective ness or efficiency of an educational program or service sufficiently to warrant the pro
posed project costSj and such other criteria which the state board may deem appropriate and necessary. Such grants a grant shall not require that any portion of such project's cost be paid by the qualified local unit of administration receiving such grant.
(c) The State Board of Education shall provide grants subject te appropriation by the General Assembly for this purpose to qualified local units of administration for the purpose of adopting an effective improvement improvements of an educational program
programs or service services, subject to appropriation by the General Assembly. The cri teria for awarding such grants a grant shall be that the proposed improvement of an educational program or service has been proven to be effective elsewhere, the proposed
improvement contributes to the increased effectiveness or efficiency of an educational program or service sufficiently to warrant the proposed project's costj and such other
criteria which the state board may deem appropriate and necessary. All funds for such adoption projects shall be for costs in excess of costs for which funds have been other
wise provided by the provisions of this article. Local units of administration shall be required to expend local funds for a portion of the cost of projects authorized under this subsection. The amount of such local funds shall be based upon the ability of a local
unit to pay a share of the cost relative to the ability of other local units in the state to pay their share of such cost. Such local funds shall be in excess of the local funds
required for the local fair share pursuant to Code Section 20-2-164 and in excess of the local funds required as a portion of the costs for other grant programs authorized under this article.

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20-2-241 20-2-251. (a) As used in this Code section, the term:
system ftud ftpproved oy the otflte oO8i*d~ of ciducfttion wfticft descnocs educo.tionfll pro^jFflms of services WHICH will oe improved, Gducfttionfti j*ofli9 tor trie educ&11oRdl
determined from the goals; an assessment wnieh documents the need- for the planned improvements; a course of action for implementing the planned improvements; aw evaluation system te determine if the educational objectives included in the improve-
pictn dire Dcin flttsined ' find sucn other items ds tiie otflte DOflroi of Hjducfltion may deem necessary for at* effective improvement plan. 'Demonstration plan' is defined as a document submitted by the local school system and approvedi by t_h__e_ State Board of Education which describes; how certain state policies, standards, rules and regulations in practice inhibit the local school system's delivery of an appropriate and effective educational program; how a suspension of such policies would result in improvement of the educational program; the new demonstration program or activity without such policies; proposed stipulations under which the local school system will operate in lieu of those policies that the state board is requested to suspend; goals and objectives of the new demonstration program or activity; an evaluation system to determine if the goals and objectives of the new demonstration program or activity are being attained; and other such items as the state board may deem necessary for an effective demonstration plan.
41} (2) 'Demonstration school system' means is defined as a local school system which is designated by the state board to operate the educational programs or services contained within its improvement demonstration plan in accordance with the said plan. (b) The state beard State Board of Education shall have the authority and is directed to:
(1) Prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section;
(2) Annually designate local school systems which meet established state board cri teria for being designated or continuing their designation as a demonstration school system systems; provided, however, that the State Department of Education shall annually review and evaluate the effectiveness of demonstration plans and submit findings and recommendations to the state board; and
(3) Suspend certification regulations and requirements and other state policies, standards, and regulations for approved demonstration school systems to the extent deemed essential for successful implementation of approved improvement demonstra tion plans. However, such suspension of rules and regulations will apply only to those personnel, programs, and schools actually participating in the approved improvement demonstration program or activity. (c) All policies, rules, and regulations prescribed by the state board State Board of Education pursuant to Code Section 20-2-240 20-2-250 shall apply to this Code section, unless such application is explicitly excluded. No local school system shall be permitted to continue its designation as a demonstration school system for more than three fiscal years; provided, however, that a system may submit a new application for designation as a demonstration school system upon conclusion of its previous demonstration pro gram or activity. Any demonstration school system program or activity designated as such during fiscal year 1987 may be designated to continue that status for fiscal year 1988 only, contingent upon approval for that year by the state board. 20-2-242 20-2-252. (a) Local school systems shall develop long-term system-wide electronic technology plans which list assessed needs; describe the planned phasing in of the computer hardware, software, and related electronic technology necessary to address the assessed needs; and contain such other items as the State Board of Edu cation may deem necessary for an effective electronic technology plan. The state board shall adopt a long-term state-wide electronic technology plan which is reflective of needs identified state wide and the priorities and planned actions designed to address such needs. The state board shall prescribe the method and frequency by which such elec tronic technology plans shall be updated.

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2221

(b) The state feeard State Board of Education shall grant funds subject te nppropriatie* fey the General Assembly (or this purpose to local systems units of administration to be used to purchase computer hardware, software, and related electronic technology and to finance the costs of staff development programs related pertaining to the use and application of computers and related electronic technology te in educational programs and servicesj subject to appropriation by the General Assembly. The amount of funds granted to any local school system shall be based upon the extent of need as reflected in its electronic technology plan, the consistency of such needs need with the priorities established by the state board's state-wide plan, and such other considerations as deemed necessary by the state board. The amount of local funds required may be based upon the ability of a local school system to pay a share of the cost relative to the ability of other local school systems in the state to pay their share of such cost. Such local funds shall be in excess of the local funds required for the local fair share pursuant to Code Section 20-2-164 and in excess of the local funds required as a portion of the costs for other grant programs authorized under this article.
(c) The state beat State Board of Education shall evaluate hardware and software, disseminate te teeai systems effective effective software, provide technical assistance te local systems, provide and staff development training to local systems and regional educational service agencies units of administration, and perform such other related functions as deemed necessary by the state board.
(d) The state beatel State Board of Education shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section and shall take all actions deemed necessary to facilitate the adoption and effective utilization of computers and related electronic technology in improvement of the operations of educational programs and services in the state.
20-2-243 20-2-253. The State Board of Education shall provide qualified public elementary and secondary schools and local school systems with incentive award grants^ subject to appropriation by the General Assembly fer this purpose. The purpose of such grants shall be to give recognition to public schools and local school systems having demonstrated high levels of performance or high levels of improved performance; pro vided, however, that all comparisons of schools shall be with other schools containing similar grade levels and containing student populations which have similar demographies demographic characteristics and that all comparisons of local school systems shall be with other local school systems containing student populations which have similar demographies demographic characteristics. The amount of such incentive award grants shall be reflective of the most recent full-time equivalent (FTE) FTE counts of the
qualified public schools or local school systems^ respective^ and such other factors deemed appropriate by the state board. The public schools or local school systems
receiving such incentive award grants shall expend these funds to improve their staff development or instructional programming, or both, in a manner they deem appropriate.
Such recipients of the incentive award grants shall not be required to apply local funds to the expenditures authorized under this Code section. The state board shall adopt a
list of performance areas for which public schools and local school systems may receive incentive award grants and shall prescribe criteria, policies, and standards deemed
necessary for the effective implementation of this Code section. 20-2-244 20-2-254. The State Board of Education is authorized to engage in or other
wise to make provision for educational research into all methods of instruction and edu cation of children and youth; to sponsor conferences, study groups, and workshops; and
to conduct research or education demonstrations, experimentation, field tests, and such other projects which will support, improve, or strengthen the public seheei system
schools of this state, the quality of education provided children and youth in the public
schools of this state, and the qualifications and technical skills of professional personnel employed in the public schools of this state; and the state board is authorized to employ
or contract for the services of specialists and others as may be necessary or desirable for such purposes and to cooperate with pttblie local school systems and public and pri
vate educational institutions and agencies inside or outside the state for such purposes.

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Part 10
20-2-260. (a) It is declared to be the policy of the State of Georgia to assure that every public school student in Georgia's paWie schools shall be housed in a facility which is structurally sound and well maintained and which has adequate space and equipment to meet each student's instructional needs as those needs are defined and required by the 'Quality Basic Education Act.' this article.
(b) As used in this Code section, the following words or terms shall have the follow ing meanings:
(1) 'Addition' refers to square footage of room floor space for instructional or other purposes added to an existing educational facility, whether physically connected thereto or a separate structure located on the same site.
(2) 'Annual debt service' means is defined as expenditures for the annual retire ment of debt for capital outlay construction projects for educational facilities and shall include the interest on the principal as well as the principal of the debt.
(3) 'Capital outlay' includes, but is not necessarily limited to, expenditures which result in the acquisition of fixed assets, existing buildings, improvements to sites, con struction of buildings, construction of additions to buildings, retrofitting of existing buildings for energy conservation, and initial and additional equipment and furnish ings for educational facilities.
(4) 'Construction project' shall refer refers to the construction of new buildings, additions or expansion of existing buildings, relocation of existing buildings or por tions thereof, renovation or modernization of existing buildings or structures, and procedures and processes connected thereto, related to educational facilities.
(5) 'Educational facilities' shall include buildings, fixtures, and equipment neces sary for the effective and efficient operation of the program of public education required by this article, which, without limiting the generality of the foregoing, shall
include classrooms, libraries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafetoriums, media centers, building equip
ment, building fixtures, furnishings, related exterior facilities, landscaping and paving, and similar items which the State Board of Education may determine necessary. The following facilities are specifically excluded: swimming pools, tracks, gymnasiums, sta
diums, and similar other facilities or portions of facilities used primarily for athletic competition and the central and area administrative offices of local units of adminis tration.
(6) 'Educational facilities survey' means is defined as a systematic study of present educational facilities and a five-year forecast of future needs which shall include, but shall not be limited to, the needs set forth in subsection {fc} (j) of this Code section
based on the instructional program and service requirements of this article. (7) 'Entitlement' refers to the maximum portion of the total need that may be
funded in a given year. (8) 'FTE student count' is defined as the average of the three FTE counts pursuant
to Code Section 20-2-160 for a school year; provided, however, that the average daily
membership shall be used in lieu of such FTE student counts for school years for which such counts are not available.
{8} (9) 'Local funds' er 'local mt funds' refers to funds available to local units ef
adminiatration school systems from sources other than state and federal funds except
any federal funds designed to replace local tax revenues. {9)--'Local unit' er 'local writ ef administration' means any county er independent
beard ef- education which administers pablte elementary and secondary schools.
(10) 'Net equalized adjusted school property tax digest' is defined as the equalized adjusted school property tax digest furnished pursuant to Code Section 48-5-274,
reduced in accordance with paragraphs (1) and (2) of subsection (a) of Code Section 20-2-164.
{10) (11) 'Physical education facility' means is defined as any facility which is
designed for an instructional program in physical education and shall exclude any spectator stands, lobbies, public restrooms, concession areas, or space normally identi
fied to serve only the interscholastic athletic program in which the school may partici pate.

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2223

(12) 'Renovation' or 'modernization' or both refers to construction projects which consist of the initial installation or replacement of major building components such as lighting, heating, air-conditioning, plumbing, roofing, electrical, electronic, or flooring systems; millwork; cabinet work and fixed equipment; energy retrofit pack ages; or room-size modifications within an existing facility, but excluding routine maintenance and repair items or operations.
{45} (13) 'Required local participation' means is defined as the amount of funds which must be contributed by local twits ef administration school systems from local funds for each construction project.
(iS) (14) 'Unhoused students' means is defined as those students who are not housed in school facilities which are structurally sound with adequate space as defined by the State Beard ef Education state board.
(14) 'Year' or 'fiscal year,' unless otherwise eteariy intended, refers te the fiscal year
f.f fL.-- Qf nfp r\f ("jpoyojn
(15) 'Weighted FTE student count' is defined as the average of the three weighted FTE counts pursuant to paragraph (11) of subsection (a) of Code Section 20-2-165. (c) The State Board ef Education shall implement the provisions ef this Code section, and the State School Superintendent and designated staff in the Department ef Education who have training er experience in educational facilities as determined by the State Personnel Board and the The State Board of Education shall administer the requirements and implement the ehrties of adopt policies, guidelines, and standards that meet the requirements specified in this Code section. The State Beard ef Education's state board's responsibilities shall include the following:
(1) To adopt policies, guidelines, and standards for the annual physical facility and real property inventory required of each local writ school system. This inventory shall include, but not be limited to: parcels of land; number of educational facilities; year of construction and design; size, number, and type of construction space; amount of instructional space in permanent and temporary buildings; local property assessment for bond purposes; outstanding school bonds and annual debt service; and buildings and facilities not in use or rented or leased to individuals or other agencies of govern ment, or used for other than instructional programs required by this article, each identified by its current use. Department of Education staff shall annually review, cer tify the accuracy of, and approve each local unit's school system's inventory;
(2) To adopt policies, guidelines, and standards for the educational facilities survey required of local writs school systems. The educational facilities survey shall be ini tiated by written request of a local board of education. The request may suggest the number of teams and the individuals constituting such teams to participate in the survey. However, it shall be the responsibility of the Department of Education to con stitute the makeup of the necessary teams. Said teams shall exclude local residents; employees of the local board of education, the servicing cooperative regional educa
tional services agency, and other educational centers and agencies servicing the local board; and individuals deemed unacceptable te by the local board. The State Beard
ef Education state board shall establish and maintain qualification standards for par ticipants of survey teams. Each educational facilities survey shall include, but not be
limited to, an analysis of population growth and development patterns; assessment of existing instructional and support space; assessment of existing educational facilities;
extent of obsolescence of facilities; and recommendations for improvements, expan sion, modernization, safety, and energy retrofitting of existing educational facilities.
The Department of Education staff shall review and certify as to the accuracy of each
educational facilities survey. The State Beard ef Education state board shall approve or reject the recommendations of the survey team and shall establish appeal proce
dures for rejected surveys net accepted; (3) To adopt policies, guidelines, and standards for educational facilities construc
tion plans required ef local writs. Local writ school system facilities construction plans shall include, but not be limited to, a list of construction projects currently eligible
for state capital outlay funds, if any; educational facilities projected for abandonment,

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if any; educational facilities projected as needed five years hence; proposed construc tion projects for modernization, renovation, and energy retrofitting; proposed construc tion projects for the purpose of merging consolidating small, inefficient educational facilities, if any; and other construction projects needed to house the instructional pro gram required programs authorized by provisions of this article;
(4) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use; and matters pertaining or relating to consolidation of schools and of educational facilities as may be reasonably necessary to assure effective, efficient, and economical operation of the schools and all phases of the public education program provided for under the provi sions of this article. Such matters shall include, but not be limited to, the method, manner, type, and minimum specifications for construction and installation of fixtures and equipment in educational facilities; space requirements per pupil student; number and size of classrooms; allowable construction costs based on current annual construc
tion cost data maintained by the Department of Education; and other requirements necessary to ensure adequate, efficient, and economical educational facilities. The State Beard ef Education state board shall adopt policies or standards which shall
allow renovation costs up to the amount of new construction of a replacement facility, provided that the renovated facility provides comparable instructional and supportive space and has an extended life comparable to that of a new facility. Except for satis
fying the most recent life safety codes, facilities which are undergoing renovation, modernization, or additions shall otherwise meet requirements applicable to them prior to renovation, modernization, or additions, provided that such additions do not increase the pupil student capacity of the facility substantially above the capacity for which it was designed;
(5) To develop a state-wide needs assessment for purposes of planning and devel oping policies, anticipating state-wide needs for educational facilities, and providing
assistance to local units school systems in developing educational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statis
tics published by the Department of Human Resources, census data published by the Bureau of the Census, local unit school system educational facilities and real property inventories, educational facilities surveys, FTE student membership projection
research, and educational facilities construction plans and shall reflect the demand ateas for capital outlay circumstances where rapid population growth is caused by fac
tors not reflected in FTE student projection research. In addition, the State Beafd of Education state board shall develop a consistent, systematic research approach to FTE
student membership projections which will be used in the development of needs within each local unit? but such projections . Projections shall not be confined to FTE
resident pupils in student membership students but shall be based on FTE student membership counts which includes include FTE nonresident pupils students, whether or not such FTE nonresident pupils students attend school pursuant to a contract between local units f administration school systems. The nonresident FTE projection
shall be th most recent five-year student mcmbcrahip average calculated in accord ance with subsection (m) of this Code section. The survey team will use such projections in determining the improvements needed for the five-year planning period.
The state board shall also develop schedules for allowable square footage and cost per square foot. The cost estimate for each recommended improvement included in the
plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the
responsibility of the local unit school system and shall not count toward present or future required local participation;
(6) To adopt policies, standards, and guidelines to ensure that the provisions of subsections (e), (f), (g), #*}; and {i> and (h) of this Code section relating to uses of state capital outlay funds, state and local share of costs, entitlements, allocation of
capital outlay funds, advance funding for certain construction projects, and consoli dation of high schools across system lines are carried out;
(7) To review and approve proposed sites and all architectural and engineering drawings and specifications on construction projects for educational facilities to ensure

TUESDAY, MARCH 10, 1987

2225

compliance with state standards and requirements, and inspect and approve com pleted construction projects financed in whole or in part with state funds, except con struction projects constructed under supervision of the Georgia State Financing and Investment Commission. The State Beatd ef Education state board may designate selected local units of administration which have staff qualified for such purposes to act on behalf of the Department of Education in such inspections, when the project is not under the direction of the Georgia State Financing and Investment Commission;
(8) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources; and
(9) To provide procedures whereby local writs school systems may revise their educational facilities plans or the priority order of construction projects requested to reflect unforeseen changes which have occurred within three years ef- the completion of the survey. {d)--In the event any teeal writ of administration enters inte a tease contract with the OeoF^fifl otflte F inducing snd investment* oommission for tfte use of iftciiities of *ne authority er commission pursuant te a commitment by the State Beard- ef- Education ferfuture sliofrmen ts of stQte cspit&l outi&y tunds, the btfttc oOftpQ of cjduc&tion? upon receipt of ftft executed copy of s&id leflse contrftct, ts sutnonzed situ directed to psy montftly, QUflpteny, OP flnnUQIly to tne comm133ion SUOR pftrt of sucn funds to DC mflde
to meet tne terms of sucn leflse contr&ct. t fte otflte DOOPCT of ciuucfttion ts empowepeo and directed te withhold any ftmd allocations te any local writ ef administration (or fen-
d&pds ftdopted &y sftid oo&rd fof tne purpose of imptcrnentin^ tne recjuipements of tnis Code section.
^e) (d) In order to qualify for and receive state capital outlay funds in accordance with provisions of subsections {h} and {i} (g) and (h) of this Code section, each local writ school system must meet the following conditions and requirements:
(1) Prepare and annually update an educational facilities and the real property inventory in accordance with provisions of subsection (c) of this Code section;
(2) Complete a local educational facilities planT !Fhe teeal educational facilities plan shall be prepared in accordance with provisions of subsection (c) of this Code section. Each proposed construction project shall be identified according to the purposes for capital outlay funds as provided in subsection ^ fej of this Code section. Each local writ school system shall specify the order of importance of all proposed construction projects. When two or more local writs school systems agree on the need for a consoli dation project pursuant to subsection ffi (e of this Code section, the estimated con struction cost shall be prorated to the participating local units school systems and included with their identification of needs in accordance with the proportion of the number of students to be served from each local writ school system;
(3) Prepare and annually update the local educational facilities needs in accord ance with provisions of subsection (c) of this Code section;
{3} (4) Complete a comprehensive educational facilities survey at least once every five years in accordance with provisions of subsection (c) of this Code section in order to formulate plans for educational facilities to house adequately the instructional pro gram required authorized by this article. Prior to initiating the survey, the local writ school system must file a written request with the State Board of Education that a survey be done in its behalf and suggesting recommending the individuals who will conduct it. The cost of the survey shall be paid from local funds;
{4} (5) Submit requests for capital outlay funds and provide required local parti cipation to the Department of Education;
W (6) Submit descriptions of proposed educational facility sites and all architec tural and engineering drawings and specifications for educational facilities to the Department of Education for review and approval in accordance with provisions of subsection (c) of this Code section; and
{6) (7) Revise the local educational facilities plan and priority order of requested construction projects in accordance with provisions of subsection (c) of this Code section; and -

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(8) Provide required local participation. $) (e) State capital outlay funds for educational facilities appropriated in accordance with provisions of this Code section shall be used for the following purposes:
(1) To provide construction projects needed because of increased student enroll ment or to replace educational facilities which have been abandoned or destroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing educational facilities or portions thereof en to different sites;
(2) To provide construction projects to renovatCj ef modernize2 or replace educa tional facilities in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy deficient inefficient, or unsanitary physical environments;
(3) To provide construction projects for new additions to existing educational facilities or relocation of existing educational facilities or portions thereof en to differ ent sites in order to house changes in the instructional program required authorized and funded under provisions of this article or new educational facilities on new sites or new additions to existing ones as a result of internal population shifts or changes in attendance zones within the local writ school system;
(4) To provide construction projects to merge consolidate educational facilities which have fewer pupils than required for the minimum school population by the State Board of Education or which are too expensive to renovate or modernize due to obsolescence or location and which shall consist of new educational facilities on new sites, new additions to existing sites, or relocation of existing educational facilities or portions thereof en to different sites;
(5) To provide construction projects to combine consolidate the total high school pttpH student populations either in grades 7-12, 8-12, ef 9-i2 elementary, middle, or high schools across local writ school system lines. In such projects, there shall be no requirement to include a vocational wing as defined within the comprehensive high school structure but neither shall such vocational wing be excluded for funding pur poses; and
(6) To reimburse local write ef adminiatration school systems for current principal payments on local indebtedness for state approved construction projects for educa tional facilities. No local writ school system may request funds for the purposes of this paragraph unless and until all construction projects identified in its construction plan for the purposes of paragraphs (1) through (5) of this subsection have been completed.
<g) (Q The state and each local writ ef administration school system shall provide capital outlay funds for educational facilities in accordance with this subsection as fol lows:
(1) The required local participation shall be 25 percent of the eligible project cost as modified by the local ability index ratio and annual debt service. The local ability id* ratio shall be determined by dividing the amount ef the local unit's school system's net equalized adjusted school property tax digest per weighted FTE resident pttpii student by the total amount ef the state-wide net equalized adjusted school property tax digest per tetfti weighted FTE resident pwril student. The resulting index ratio shall be multiplied by 25 percent of the cost of the eligible construction project to determine the required local participation. A local writ school system may reduce its required local participation by an amount equal to no more than 75 percent of annual debt service payments of interest and principal on local bonds issued for eli gible construction projects. Regardless of the above, no local unit's school system's required local participation shall be less than 10 percent nor greater than 25 percent of the cost of an eligible construction project except as provided in paragraph (2) of this subsection; and
(2) Eligible construction projects for consolidations as determined subsection -(f) ef this Code section snati require ne leeal ftmdsj provided, however, that th The state shall participate in no more than 25 percent of the cost of construction projects related to damage to educational facilities caused by fire or natural disaster.
W (g) (1) In order to determine a reasonable total funding level for the purposes stated in subsection <f} {ej of this Code section and to establish a fair and equitable

TUESDAY, MARCH 10, 1987

2227

distribution of funds to local writs ef administration school systems, the State Board of Education shall annually determine a level of authorization. For a given fiscal year, the new authorization level may equal zero but shall not exceed $100 millionz adjusted annually to reflect the changes in the current annual construction cost data main tained bjr the Department of Education pursuant to paragraph (4) of subsection (c) of this Code section. For purposes of deliberations with the Governor and the General Assembly regarding the amount of state funds to be appropriated, calculations shall be made for at least three levels below the $100 million maximum authorization adjusted as specified in this paragraph.
(2) In setting the annual authorization level, the State Beard ef Education state board shall consider any previously authorized but unfunded amounts together with the total estimate of funds needed for school facilities in the state. Such total state facilities' facilities needs shall be computed by summing the following:
(A) The total facility improvement needs included in the most recent five-year educational facilities plan which has been reviewed by a survey team and approved
by the State Beard ef Education state board. Such needs shall annually be adjusted downward for projects financed by either state or local funds and shall annually be
adjusted upward or downward to reflect changes in the FTE student counts but shall not be otherwise adjusted upward except upon approval of a new or revised five-year plan pursuant to subsections (c) and {) (d) of this Code section; and
(B) The sum of the annual debt service payments for the five-year period of the
latest survey (that used in subparagraph (A) of this paragraph), excluding payments for postsecondary facilities, athletic facilities, administrative facilities, or other projects not included in the approved five-year plan pursuant to subsections (c) and
{e> (d) of this Code section. Such payments shall annually be adjusted downward for any portion used in lieu of required local participation as allowed in subsection %} if} of this Code section and shall be adjusted upward for the remaining portion
of the five-year period for increases in the annual debt service payments resulting from local financing of projects covered by the state board approved plan. (3) Each local writ ef administration school system shall be entitled to a portion
of the total authorization set by the State Beard ef Education state board annually based on the ratio of that local unit's school system's needs as computed in paragraph
(2) of this subsection to the total of all local units' school systems' needs. In addition to the annual entitlement, the local writ school system is eligible to receive any
entitlement accrued from previous years for which state funds have not yet been received. Any change in the method of determining entitlements in subsequent years
shall in no way affect the amount of previously accrued entitlements. (4) In order to determine the amount of state funds to be requested for a given
fiscal year, total new and accrued entitlements must be compared to the state portion of the current cost estimates of the projects approved in the educational facilities plan in priority order. The above Such comparison shall be made for each of the incremental entitlement levels required in paragraph (1) of this subsection. In the
event that projects requested for funding exceed the total state entitlements and required local participation, local writs school systems may elect to contribute addi
tional local funding. Local funds contributed in excess of required local participation may be credited as debt service credit only toward required local participation in
subsequent years pursuant to paragraph (1) of subsection (f) of this Code section, pro vided that the requested state appropriation for this subsection shall not exceed $100 million annually and, if necessary, the new entitlement level shall be reduced to
comply with this limitation.
(5) The final level of entitlements actually authorized by the State Beard ef Bdttcation state board for a fiscal year shall be that level which is consistent with the
approprtatieng Appropriations Act for that year. {i} (h) Local units A local school system may receive state capital outlay funds for one construction projects project under the advance funding category to meet educa
tional facilities needs due to the following: (1) Extraordinary growth of pupil student population in excess of the capacity of
existing facilities;

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(2) Destruction of or damage to educational facilities by fire or de te natural disaster limited by the provisions of paragraph (2) of subsection (f) of this Code section;
(3) Replacement of educational facilities which have been certified as hazards to health or safety by the state fire marshal's office or by the Department of Human
(4) Projects, in priority order, which would otherwise require more than three years of the combined annual entitlement and required local participation with said combined nm} entitlement and required local participation amount amounts, esti mated in accordance with the total entitlement intended for authorization by the State Board of Education; and
(5) Projects for consolidation of high schools across local writ school system lines whe the proposed project eest exceeds which have costs that exceed the combined annual entitlements of the participating local units school systems. With Such projects shall meet, with the exception of category {2} abeve paragraph (2) of this subsection, the following conditions must be met to qualify for advanced funding:
(A) The local writ has school systems have specifically requested funding under this subsection prior to submission of the State Beard of Education's annual budget request for the state board to the General Assembly;
(B) Annual entitlements accrued under subsection $*} (g) of this Code section have offset any advanced funding previously granted, except that no more than three years of combined entitlements of the participating local units school systems shall be required to offset advanced advance funding for consolidation projects pur suant to paragraph (5) of subsection if} |e) of this Code section;
(C) The project projects to be funded are not in addition to projects funded for a given local unit of administration school systems under the provisions of sub section {h} (g) of this Code section in a given year; and
(D) The required local participation and all other procedural requirements of this Code section are met. (i) Local school systems may receive capital outlay funds for construction projects to consolidate or reorganize schools under an advance funding category; provided, however, that each local school system is limited to one project per fiscal year except when a second project is required to effectuate consolidation or reorganization of the schools simultaneously and that each construction project meets the following conditions:
(1) A school size and organizational study has been completed by the Department of Education;
(2) The local school system has adopted a comprehensive plan to reorganize to a K-5, 6-8, 9-12 organizational pattern, or an organizational pattern congruous with this pattern, and each school within the system funded under this subsection shall meet OT exceed the base sizes specified in subsection (b) of Code Section 20-2-291 or the membership represented in these grade organizations is 100 percent of the local school system's student population in the affected grades;
(3) The local facilities plan to implement this reorganization or consolidation of schools has been approved by a comprehensive survey team and the State Board of Education;
(4) The project proposed for advance funding must be accomplished in order for the reorganization or consolidation to be implemented; provided, however, that the proposed project may include renovation and modification of existing facilities, as well as additions to existing facilities and construction of new facilities if the reorganization or consolidation cannot be implemented until these activities have been completed;
(5) The combined project total would otherwise require more than three years of the combined annual entitlement and required local participation, with said combined annual entitlement and required local participation amount estimated in accordance with the total entitlement intended for authorization by the state board;
(6) A schedule for funding the activities required to effect the reorganization or consolidation has been developed as a part of the organizational study, incorporated into the local facilities plan, and approved by the local board of education and the

TUESDAY, MARCH 10, 1987

2229

state board, and the funding for those activities required to effect the reorganization or consolidation will be scheduled over a one to five-year period;
(7) The project to be funded is not in addition to projects funded for a given local school system under the provisions of subsection (g) of this Code section for the fiscal year in which it is to be funded; and
(8) The required local participation and all other procedural requirements of this Code section are met. ij)--Appropriations for advanced funding tmdef subsection {i} ef this Code section
9ilfikli wfc ITlflCrc SCpflPfltCly IFOlft SUDSCCtlOfl T"T ^ MU8 vOQC SCCllOU IOF PUlAf
entitlements. (j) The State Board of Education is authorized to request funds for planning studies
one or two years prior to the request for the funding of specific facility projects or to include the costs of such studies within the total cost of facility projects; provided, how ever, that all such project design studies are for projects included in the local school sys tems' facility construction plans specified in paragraph (3) of subsection (c) of this Code section.
(k) The State Board of Education shall request separate appropriations for each of the following categories:
(1) Regular entitlements pursuant to subsection (g) of this Code section; (2) Regular advance funding projects pursuant to paragraphs (1) through (4) of subsection (h) of this Code section; (3) Construction projects resulting from the consolidation of schools across local school system lines pursuant to paragraph (5) of subsection (h) of this Code section; (4) Construction projects resulting from merger of local school systems pursuant to subsection (a) of Code Section 20-2-291; (5) Advance funding projects for consolidation or reorganization of schools pur suant to subsection (i) of this Code section; and (6) Planning studies pursuant to subsection (j) of this Code section. (1)_In the event the General Assembly is unable to appropriate the funds needed for a fiscal year to finance the total request of the State Board of Education under this Code section, the following priorities shall apply to the funds appropriated: (1) Facility projects requested pursuant to subsection (g) of this Code section; (2) Planning studies; (3) Facility projects requested pursuant to paragraphs (1) through (4) of subsection (h) of this Code section, subject to the following subpriorities:
(A) Facility projects needed to address extraordinary growth; (B) Facility projects resulting from destruction or damage caused by fire OT natural disaster; (C) Facility projects needed to address hazards to health or safety; and (D) Facility projects needed for unhoused students; (4) Facility projects needed to effectuate local school system mergers pursuant to subsection (a) of Code Section 20-2-291; (5) Facility projects requested pursuant to paragraph (4) of subsection (h) of this Code section, subject to the following subpriorities:
(A) Students housed in substandard or obsolete facilities:
(B) Facility projects designed to consolidate schools smaller than the respective base sizes; and
(C) Facility projects designed to meet state board requirements or for modern ization;
(6) Facility projects needed to develop schools which will serve students across local school system lines pursuant to subsection (b) of Code Section 20-2-291; and
(7) Facility projects requested pursuant to subsection {i] of this Code section. subject to the same order of subpriorities specified in paragraphs (3) and (5) of this subsection.
{fc) (m) The State Board of Education shall implement a computerized student pro jection program for each school system in Georgia as a component of the state-wide comprehensive educational information retrieval system network. The program shall be

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JOURNAL OF THE HOUSE,

used in this subsection to forecast facility needs in each system by projecting FTE student membership counts for each grade level and shall be written in the educational facilities survey. The projection program methodology at least must correlate live-birth data to enrollment FTE student counts and project FTE student enrollment counts for each of the grades, including kindergarten, for each of the next five years using cohort survival.
$} (n) The State Board of Education shall request funds for capital outlay purposes as defined in subsections (a) through {fc) (j^ of this Code section for each school system and project. For each project, the State Board of- Education state board shall present to the Education and Appropriations committees of the House of Representatives and the Senate of the General Assembly by object of expenditure all costs contributing to the construction project. This itemization shall include, but not be limited to, architec tural fees, new construction, modification, and renovation costs for the project. Itemization for additions, modifications, and renovations shall include type of classrooms by purpose, estimated square footages, and costs for hallways, restrooms, administrative offices, lunchrooms, and media centers. Costs for new facilities shall be budgeted by the current construction cost times the total square footage required.
20-2-261. (a) The State Board of Education shall establish 'common minimum requirements1 common minimum facility requirements which each public school facility must meet in order to be certified for use in any component of the educational or recreational program of that school. Such minimum requirements shall include those provisions of law or state board policy on matters that relate to fire and physical safety; sanitation and health, including temperature and ventilation; minimum space, size, and configuration for the various components of the instructional program; and construction stability, quality, and suitability for intended uses.
(b) The state beard State Board of Education shall adopt policies and procedures to ensure that each school facility meets minimum standards as determined by state board policy.
(c) A proposed plan of action which includes a list and description of each deficiency and time limits within which such deficiencies are to be corrected must be submitted to the state beard State Board of Education for review and approval. Further, the state board shall have the authority^ in accordance with Code Section 20-2-243, to withhold all or part of the state funds in support of this article part from any local unit of admin istration refusing or failing to implement the plan of action for deficiency remediation approved by the state board.
Part 11
20-2-270. (a) The state beard State Board of Education shall establish a state-wide network of regional educational service agencies for the purposes of providing shared services which are designed to improve the effectiveness of educational programs and services of local school systems and of providing instructional programs directly to selected public school students in the state. The regional educational service agencies established bj the state board may legally be referred to as 'RESA' or 'RESA's.' The
Educational Centers for severely emotionally disturbed students shaU be assigned teand opcpftted Dy tfte pe^ionfii educations' service Qgencicsj provided^ nowevepj tn8t tiny pe^fionfli educftwonQI service flgcncy mcty elect to contr&ct witft ft iocsi scttooi system wineft WHS &ctift tR tiscfll yeftr iiuoo ss ttte xiscfti fluent TOP ft rsyeftoTMcjducstion0,1 t^entep OP Ocop^fifl ijeopning nesource oysteitt to continue rft tftflt cspftcityj provided, tuptftep, tftfit dfiy locfli system tftctt wfts sefvin^f fts ft rrsc&i Qgent top tfte tjcorgifl ijeflpning

m writing oy tfte loc&i DOftPd of ecrttc&tioii to tfte otflte DO&KT or E^CHIc&tion find tfte rc^ionfli cciucition&i service fluency oft or DCtore wuiy 17 lyoo. 1 ftts right or election cctn
section. A locfti system HIAICH)^ sucft ftft election fts provided "iw tftis Oode section, y^ ftt flny time flttcp sucft &n election ts msde find ftt tfte end or dny iiscftx yesr, elect

TUESDAY, MARCH 10, 1987

2231

to ftftve thc refiofiil ed.uci*ioftti service fluency serve &s its tisc&l fluent, l tie sii&reu services to member local school systems may shall include such services s the following assistance:
ft)--Staff development programming; f2)--Assistance in implementing the uniformly acqucnccd eere curriculum adopted by the State Beard of Education and ether curricular improvements; \o)--Assistance tn preparing plans ef project proposals to ioe suomitted to tnc state board'
f4)--Assistance in improving instructional programs; f&)--Assistance in using computers and ether electronic technology; and fft)--Providing shared purchasing, printing, and machine maintenance and repair; (1) Identifying or conducting research related to educational improvements and in planning for the implementation of such improvements; (2) Developing and implementing staff development programs;
(3) Developing and implementing curricula and instruction of the highest quality possible, including implementing the uniformly sequenced core curriculum adopted by the state board;
(4) Developing and implementing assessment and evaluation programs; and
(5) Identifying and utilizing electronic technology, including computers, in an effort to improve the quality of classroom instruction as well as classroom, school, and school system management.
The shared services may also include assistance designed to address documented local needs pursuant to subsection (d) of Code Section 20-2-272.
(b) The service areas for the Georgia Learning Resources System and the Psychoeducational Network for severely emotionally disturbed students in place June 30, 1987, shall be continued for fiscal year 1988. If effective July 1, 1988, or any July 1 thereafter, the State Board of Education reorganizes the service areas of regional educational service agencies from the 16 service area arrangement in place June 30, 1987, the state board shall also review effective the same date the service areas for the Georgia Learning Resources System and the Psychoeducational Network to be compat ible with the reorganized service areas for the regional educational service agencies. Upon the request of a majority of the local school superintendents of the local school systems within the service area of a unit of the Georgia Learning Resources System or of the Psychoeducational Network, representatives of each of the local school systems in the respective service area shall vote in the manner and at the time prescribed by the state board to determine if one of the local school systems or the regional educa tional service agency serving the respective service area shall serve as the fiscal agent for the respective unit of the Georgia Learning Resources System or the Psychoeducational Network for the ensuing fiscal year. In the event this vote results in a change in the fiscal agent for the respective unit, the new fiscal agent shall continue in this capacity for a minimum of three fiscal years. In the event a regional educational service agency is designated as the fiscal agent for the service area of a unit of the Georgia Learning Resources System or of the Psychoeducational Network, all AB member and nonmember local school systems shall be provided the services of the Georgia Learning Resource Resources System or the Psychoeducational Network, respec tively. The state board is authorized to contract with regional educational service areas to provide educational services to The instructional programs provided directly te

prescribed by the state beard fer students with handicapping conditions which are either of such low incidence or of such severity that it is unfeasible or impractical to provide needed educational and training services through local school systems pursuant to Code Section 20-2-161; provided, however, that severely emotionally disturbed students ef aH lOCsi scnool systemS) mem Der &RU nowmemoeT ioc&i scnoot systems ftiiKCy suflii e pro~' vided the instructional and support services ef the Psycho-Educational program. T-he
eductrtioFifll service Agencies es&toii3fied uy Tne siste DO&FQ m&y
itunt? intqs IcPv1c7iQtynA *: t-/r, iTPVTEJCJOA/I'~B. ' O\Aj~O~i1-OCO,

2232

JOURNAL OF THE HOUSE,

20-2-271. (a) The State Board of Education shall establish the service area of each regional educational service agency as a single geographical area ef this state that con tains the entire area for of several local school systems. To the extent feasible and prac tical, all such service areas snetrid shall be homogeneous in terms of the number of local school systems, the number of public schools, the number of students, the number of square miles within the service area, and in terms of such any other factors as may be deemed necessary specified by the state board; provided, however, that the service area for metropolitan Atlanta may be an exception due to the high density of students per square mile. The total number of such service areas shall be as small as possible to ensure cost effectiveness of its operation; however, the number shall be large enough to minimize excessive travel time when providing shared services within any such service area. Each local school system in this state shall be assigned to one of these service
(b) Each local board of education of a local school system which wiU elects not to be a member of the regional educational service agency in its designated service area during the ensuing fiscal year shall approve a resolution to that effect and forward a copy of said resolution to the State Board of Education and the board of control of the regional agency by January 15. Such action shall be required annually.
20-2-272. (a) Each regional educational service agency shall be governed by a board of control, which shaW have stteh The number of members for saeh and terms of office as shall be prescribed by the State Board of Education;; provided; however, that at least one-third of the membership of each board of control shall be individuals who hold no other public office, who are not employees of any local unit of administration, and who are not employees of the Department of Education. The members of the board of con trol shall be elected by an annual caucus of an equal number of members of local boards of education from the respective member local school system systems. The state board shall also prescribe for an equal number of local board members from each member local school system to participate in said caucus.
(b) All laws and the policies and regulations of the State Board of Education appli cable to local school systems and local school system boards of education shall be appli cable; when appropriate, to the regional educational service agencies and their boards of control unless explicitly stated otherwise in this part. No board of control shall hold title to real property or levy or collect any taxes. No board of control shall expend or con tract to expend any funds beyond the amount of funds that the board of control is legally authorized to receive and will, in fact, receive. Each board of control shall submit an annual report and an annual budget to the state board, in the manner prescribed by the state board, for review and approval.
(c) The state beatd State Board of Education shall be responsible for assuring that the activities of each regional educational service agency and its board of control estab lished under this part conform to both the Constitution and laws of Georgia, as well as the policies and regulations of the state board. 3-ke State School Superintendent snatt pPCpoTG An Anniioi report to uic vjcncpfli /\S9CiH Diy ivin fin osscssmcnt 01 tnc BIQIUS and- achievements ef the shared service programs m the state. The State School Super intendent shall report to the General Assembly, pursuant to subsection (d) of Code Section 20-2-282. the results of any comprehensive evaluations of regional educational service agencies, the status of each such agency, and the progress each nonstandard agency has made toward addressing identified deficiencies.
(d) Boards of control shall determine needs ef seheel children the assistance needed by local school systems in the area served by each regional educational service agency, establish priorities from those needs, and allocate resources accordingly. Boards of con trol shall annually review the progress and cost efficiency effectiveness of the such agen-
C1G8 tR tCHHS Or tndf SUCCG98 ftHQ CfllClCIlCy ttt IH66tm pPlOFltlCS. HjIIlClCncy 8IIfill DC
aaacaacd by relating outputs to dollar inputs. Boards of control shall determine the procedures and activities ef bj; which each regional educational service agency as related te the achievement ef achieves locally established objectives? Boards ef control and shall likewise establish job descriptions, personnel qualifications, and work schedules in terms ef consistent with locally established priorities and objectives.

TUESDAY, MARCH 10, 1987

2233

(e) In the event the State Board of Education adopts a policy to reorganize the service areas of regional educational service agencies pursuant to subsection (a) of Code Section 20-2-271 effective July I of a fiscal year, members of boards of control during the preceding fiscal year shall constitute planning boards for the respective service areas to be established the ensuing July 1. Each planning board shall have the authority to establish the location or locations of the office or offices of its regional educational service agency effective the ensuing July lj to issue contracts with a director and other agency staff to be employed effective the ensuing fiscal year, to assess the needs of all potential member local school systems, to prepare operational plans and budgets for the ensuing fiscal year, to establish the manner by which the local share of the budget will be assessed to potential member local school systems, and to make any other such deci sions that the state board deems necessary for an orderly transition of service areas for regional educational service agencies. Such decisions shall be adopted by these planning boards prior to December 15 of the fiscal year preceding the effective date for reorgan ization of the service areas, in order that each local school system will have the informa tion needed to make an informed decision relative to membership in its respective regional educational service area pursuant to subsection (b) of Code Section 20-2-271 on or before January 15 of that fiscal year. Any such planning board shall be authorized to amend, prior to April 15 of that fiscal year, any such decisions which are necessary as the result of the actions of the General Assembly during its regular session during that fiscal year. In the event a planning board has amended one or more decisions pur suant to this provision, each local school system within the service area of such planning board shall be authorized to reverse its decision relative to membership for the ensuing fiscal year prior to May J.5 of that fiscal year, pursuant to procedures specified m sub section (b) of Code Section 20-2-271.
20-2-273. (a) Each board of control shall appoint and contract with a director who shall be the administrative and professional head executive officer of the regional educa tional service agency. The director shall be responsible for the administration of pro grams and services approved by the board of controland shall be the fiscal office* of the
(b) The regional educational service agency staff shall consist of those individuals authorized by the board of control to provide those services desired by the member sys tems and those individuals necessary te provide the instructional and support services prescribed in Code Section 20-2-270 for aH local school systems within the service area.
\)~i~i 1 4. \Si) 1 ne otdte DOflMt Or UrdUCftt1OH 9nd.ll F&nt 9till1C1CHL tundS ftppFOpM"
Q[cncy to tinsnce tne stdte 9 snctre or toe* D&sic opeF&11n^ expeuses^ to provide instrucTM tion&i &nd support services to students eii^ioie tor tnc psyctiocciucfltlonctt pro^rom^ to
tems m its service sreftj ctnd to provide instructional! &nd tr&inin services to n&ndic&pped students pur8uflut to fc*ode ocction ziuTM*TM io 1. i. ne Amount or tuncis needed oy each regional educational service agency te finance tts basic operations shall be reflective Or tfte numH&ef or mcmuer locfti units ot ddmimstF&tion &nd tne numDcr of scnoois find students contained within seh member teeal units. The State Beard of Education shaH present a budget for each regional educational service agency by basic operating expense, psychocducational program, Georgia Learning Resources System, and instruction and tpenning service to n&ndic&pped students' "T'liis Dud^et snflii include ft division of tne state and local share for each program in support of appropriations considerations fey tne Tjenero.1 /issemDiy. i ne memoep loc&i scnool systems sn&ix on d ststeTMwide Dftsis collectively contribute one-fourth of the basic cost of operating the regional educational
shall be based pon its ability to contribute, as determined by the State Board of Edu-
funaiii/nitrjiti. TITnI Tiiritnnnlriiinirgr tihniina urlcnifinCr-uiiiritincii'Liri>uri>i tth/nf>c fOfUtoILtnC ^PT/\(tVmTr^n trntf TcjTu-ruliciit^xnttiiuDnn asVii>anilil vfA<vn/aiiioHiuncrr ^f/h**f^
20-2-164. For fiscal year 1988, the State Board of Education shall grant, subject to appropriation by the General Assembly, the funds to continue the operations of regional educational service agencies in a manner similar to the preceding fiscal year, adjusted

2234

JOURNAL OF THE HOUSE,

only to reflect changes in the salaries and operational costs similar to those made for local school systems under this article; further, in those instances that regional educa tional service agencies are designated as fiscal agents, the state board shall grant addi tional funds needed to provide instructional and support services to students eligible for the Psychoeducational Network and to provide services under the Georgia Learning Resources System to all local school systems contained in the respective service areas. Beginning fiscal year 1989 and thereafter, the state board shall be authorized to provide each regional educational service agency with a uniform state-wide needs program grant and a documented local needs program grant, subject to appropriation by the General Assembly. The uniform state-wide needs program grant shall consist of two components: the same fixed amount for each regional educational service agency; and an amount which reflects the number of local school systems, the number of schools, the number of students and the number of square miles contained collectively within its member local school systems. Each regional educational service agency shall be required to match the uniform state-wide needs program grant with an amount of funds equal to onefourth of this grant. The uniform state-wide needs grant and its matching local funds shall be used to finance the basic administrative overhead of the regional educational service agencies and to provide the areas of assistance specified in subsection (a) of Code Section 20-2-270. The amount of funds granted to each regional educational service agency for the documented local needs program grant shall depend upon the proportion that the number of local school systems, number of schools, number of students, and number of square miles contained collectively within its member local school systems are of these respective factors state wide, as well as the adopted operational plan and the budget designed to address documented needs for assistance to member local school sys tems. Each regional educational service agency shall be required to match the documented local needs program grant with an amount of funds equal to two-thirds of that grant. Each board of control shall be authorized to adopt the manner by which each member local school system shall be assessed its share of the uniform state-wide needs program and the documented local needs program; provided, however, that member local school systems shall not be allowed to use funds received under the provisions of this article for this purpose. In the event a regional educational service agency is designated as the fiscal agent for the Georgia Learning Resources System or for the Psychoeducational Network for severely emotionally disturbed students, the state board shall grant the regional educational service agency the funds needed to provide services to all local school systems in the service area of the Georgia Learning Resources System or Psychoeducational Network as respectively designated as the fiscal agent as well as the grants authorized previously by this subsection. All other financing will be based on contracts to supply service programs to member local school systems. The funds for these programs, upon a contract approval basis, may be derived from local, state, fed eral, or private sources.
(b) A A regional educational service agency may not receive directly from the state feeatd State Board of Education any state funds originally intended for or directed to a local school system by this article; te a local seheel system; provided, however, that, upon the official request of a local school system, the state board may send directly to a regional educational service agency any funds allocated to a local school system. All grants from the state along with the contributions from member local school systems and funds from other sources shall be budgeted by the board of control.
Part 12
20-2-280. The State Board of Education shall adopt a state-wide long-term strategic plan which is reflective of the educational programs and services and other public educa tional functions which need improvement state wide or in selective selected areas of the state and which contains the priorities and planned actions designed to address such needs. Each local school system shall develop and adopt a system-wide long-term stra tegic plan which is reflective of the priorities contained in the state-wide long-term stra tegic plan adopted by the state board and such needs for improving educational programs and services system wide or in specific schools as were identified through an

TUESDAY, MARCH 10, 1987

2235

in-depth self-study or an evaluation by the Department of Education pursuant to Code Section 20-2-282. Seh Each long-term state and local strategic plans of- local school sys tems plan shall contain a description of assessed needs, a list of planned improvements of educational programs or services designed to address the assessed needs, a list of the educational goals for the educational programs or services to be improved, a list of educational objectives determined from these goals, a course of action for implementing achieving the planned improvements including a phasing an implementation timetable, an evaluation system to determine if the educational objectives in the plan are being attained, and such other items as the state board may deem necessary. The state board shall prescribe the method by which such strategic plans shall be submitted and reviewed for approval. To the extent deemed reasonable and appropriate by the state board, this Code section shall apply to regional educational service agencies.
20-2-281. (a) The State Board of Education shall adopt norm-referenced and criterion-referenced instruments, procedures, and policies as it deems necessary to assess the effectiveness of the educational programs of the state and shall fund; subject to appropriation ef the General Assembly, all costs of providing and scoring such instru ments j subject to appropriation by the General Assembly. Nationally norm-referenced instruments shall be administered to students in grades two, four, seven, and nine. Criterion-referenced instruments, or other instruments that the state board may develop which measure student performance o the basic Georgia curriculum relative to the uni formly sequenced core curriculum approved by the state board pursuant to Code Section 20-2-140, shall be administered to students in grades one, three, six, eight, and ten. All such assessments shall place emphasis upon reading, writing, and mathematics but shall include science and social studies. The nationally-normcd nationally normed assessments shall provide students and their parents with grade equivalencies and percentile ranks which result from the administration of such tests. The State Board of Education shall participate in the National Assessment of Educational Progress (NAEP) beginning in fiscal year 1Q87 and thereafter. The results of such testing shall be provided to the Governor's office Governor, the General Assembly, and the State Board of Education and shall be reported to the citizens of Georgia. Further, the state board shall adopt a school readiness assessment for students entering first grade and shall administer such assessment pursuant to aubparagraph {B} of paragraph (2) of subsection (b) of Code Section 20-2-151. The state board shall develop, subject to appropriation by the General Assembly, a comprehensive item bank which shall be representative of all grade levels and content areas contained within the uniformly sequenced core curriculum approved by the state board pursuant to Code Section 20-2-140; provided, however, that the items reflecting each subject area at each grade level shall range proportionally from minimal competency to higher level achievement competencies. This item bank shall be used to develop assessments which reflect student achievement at the classroom, school, and system levels relative to said curriculum. These assessments of student achievement shall be used as one of the criteria for awarding salary supplements on a career ladder program pursuant to Code Section 20-2-213 and as one of the components in the comprehensive evaluation pursuant to Code Section 20-2-282.
(b) The sterte boatd State Board of Education shall have the authority to condition the promotion of students a student from one grade to the next or condition the award ing of a high school diploma to a student upon his achieving achievement of satisfactory scores on instruments or tests adopted and administered by the state board pursuant to subsection (a) of this Code section. The State Board of- Education state board is authorized and directed to adopt regulations providing that any handicapped child, as defined by the provisions of this article, shall be afforded opportunities to take any test adopted by the state board as a condition for the awarding of a high school diploma. Said regulations shall further provide for appropriate accommodations in the administra tion of such test. Said regulations shall further provide for the awarding of a special education diploma to any handicapped student who is lawfully assigned to a special edu
cation program and who does not achieve a passing score on said test or who has not
completed all of the requirements for a high school diploma but who has nevertheless
completed his or her Individualized Education Program.

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20-2-282. (a) (1) The State Board of Education shall supervise a comprehensive evaluation of each public school, local school system, and regional educational service agency wnieh shall be dene at least once every five years concerning the following functions to the extent they are deemed by the State Beard ef Education state board to be appropriate and applicable to such units:
(A) The extent to which the strategic plan has been effectively implemented; (B) The extent to which the state beard adopted uniformly sequenced core curriculum adopted by the state board has been effectively implemented; (C) The extent of compliance with state laws and state board prescribed policies, rules, regulations, standards, and criteria;
(D) The effectiveness of educational programs and services, including compari sons to comparable student bodies which are comparable in terms of demographies demographic characteristics:
(E) The effectiveness of the annual personnel evaluation procedures and annual professional development plan procedures and the extent to which staff develop ment programs effectively address deficiencies and other needs identified through these processes;
(F) The accuracy of the student count procedures; (G) The accuracy of fiscal procedures, particularly as they apply to implement ing the state board prescribed accounting system and ensuring funds are expended for purposes authorized by state laws and state board policy and regulations;
(H) The extent ef to which public awareness and information processes comply with state law and state board adopted policies and regulations; and
(I) Such other functions deemed necessary by the state board for a full and comprehensive evaluation of such units.
(2) Such comprehensive evaluation processes evaluations shall include individuals from be conducted by certificated professional employees from other such units, eel-
tege teacher preparation programs local units of administration, faculty members of colleges and universities, and citizens residing within the respective local units? the .
The number and role of such individuals being shall be prescribed by the state board; provided, however, that such individuals shall be coordinated by professional evaluators. The state board shall be authorized to require additional evaluations ef
such units by the Department of Education. (b) The State Board of Education is authorized; subject te appropriation by the Gen eral Assembly fer this specific purpose, to establish regional offices of the Department
of Education^ subject to appropriation by the General Assembly. Should the state board establish such regional offices of the Department of Education, their service areas shall
be congruous with the service area areas of regional educational service agencies as pro vided for in subsection (a) of Code Section 20-2-271 and all employees of such regional offices shall be employees of the Department of Education.
(c) The State Board of Education shall designate public schools, local school systems, and regional educational service agencies which receive a satisfactory comprehensive evaluation evaluations pursuant to subsection (a) of this Code section as 'standard'
schools, seheei systems, er regional educational service agencies, respectively, 'standard.' The State Beard ef Education state board shall award a certificate certificates of acknowledgment for superior performance to all such units which receive a superior
comprehensive evaluation evaluations relative to comparable units having comparable student bodies, shall provide such units, excluding the regional educational service agen
cies, with grants appropriated by the General Assembly for this purpose pursuant to the provisions for incentive awards in Code Section 20-2 243 20-2-253, and shall designate
such units as 'exemplary' schools, school systems, er regional educational service agcnetesj respectively, 'exemplary.' The state board shall designate all such units which
receive an unsatisfactory comprehensive evaluation evaluations relative to comparable units as 'nonstandard' schools, seheei systems, er regional educational service agencies, respectively, 'nonstandard.' The state board shall adopt such criteria as necessary to
determine the status of each unit under the comprehensive evaluation process. (d) Each local school system shall annually inform the citizens residing within its
area concerning the collective achievement of enrolled students by school and system,

TUESDAY, MARCH 10, 1987

2237

costs of providing educational programs and services by system, and such other items as deemed necessary by the State Board of Education in the manner prescribed by the state board. The State Beard- ef Education state board shall publish in the legal organ of the county where the local school system is located the result of the comprehensive evaluation evaluations, including a summary of any deficiencies as may have been identified and recommendations for addressing said deficiencies. The State School Superintendent shall annually report to the Governor and the General Assembly con cerning the results of all state-wide assessment assessments of student achievement; the status of each public school, local school system, and regional educational service agency; and the progress each nonstandard unit has made toward addressing identified defi ciencies. Copies of such reports shall be made available upon request. The State School Superintendent shall be authorized to require local school superintendents and directors of regional educational service agencies to provide such reports as deemed necessary for the effective operation of public education in this state. The State School Superintend
ent shall compile an annual report in which shall be presented a statement of the condi tion and amount of all funds and property appropriated te for the purpose of public education; 2 a statement of the average cost per pupil student of instruction under in
the state's public sneel system schools t, and a statement of the number of children of school age in the state, with as much accuracy as possible. Such report shall be kept in the superintendent's State School Superintendent's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request.
(e) The State Board of Education shall report to the education committees of the House of Representatives and the Senate on a quarterly semiannual basis as to the progress made on the implementation of this article. The reports by the state board shall include any justification for problems with implementation of the Quality Basic
Education Program, evaluation results, and any projected needs beyond base allocations which it anticipates will be requested through the appropriations process for local school systems to meet the intent of the General Assembly. The State Beard of Education state
board shall not include in any plan submitted to a federal agency any provision which commits future state funds beyond that which it normally receives annually through the
appropriations Appropriations Act unless such plan also contains a provision which states that such initial and continuing commitment is contingent upon such funds being
appropriated by the General Assembly. (f) The State Board of Education shall prescribe such policies, procedures, and
instruments as are deemed necessary for the effective implementation of this Code
section. Further, the state board shall revise state standards to the extent necessary to be consistent with this article. State standards shall be evaluated in terms of level of compliance or quality.
20-2-283. (a) AH Each local units unit of administration which are is designated to be nonstandard or which operate operates one or more public schools so designated shall be required to submit to the state beard State Board of Education for its approval a corrective plan designed to address all deficiencies identified pursuant to Code Section
20-2-282. Such a corrective plans plan shall include a description of the actions to be taken to correct each deficiency, a designation of the resources which will be applied to these actions, the date on which each action shall be initiated and completed, the evalu
ation procedures to be used to assess progress, the technical assistance needed to execute the corrective plan and anticipated settree sources of such assistance, and such other items deemed necessary by the state board for an effective corrective plan. It shall be the duty of regional educational service agencies to supply member local school systems and the Department of Education to supply to all local units of administration such
technical assistance that they may need and request concerning the development and
implementation of these corrective plans. (b) The State Board of Education shall review at least once every six months the
progress of each nonstandard local units unit of administration in implementing its state board approved corrective plans plan. Such reviews a review shall continue until such
the corrective plans have plan has been fully implemented or the local unit has been
redesignated by the state board as a standard or exemplary unit.

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(c) The State Board of Education shall conduct a comprehensive evaluation pursuant to Code Section 20-2-282 of aH each local units unit of administration which had been is designated by the state board as nonstandard. Seh This evaluation shall be con ducted within two years after the state board has approved their its corrective plan.
(d) In the event the state beard State Board of Education finds that any local unit of administration is making unsatisfactory progress relative to development or imple mentation of a corrective plan pursuant to this Code section, the state board shall be authorized to take any one or any a combination of the following actions:
(1) T-he state beard is authorized te increase Increase the local fair share of streh teeal unit a local school system pursuant to Code Section 20-2-164 or the local share of a RESA pursuant to Code Section 20-2-274 by an amount deemed necessary by the state board to finance all resources and actions needed to correct identified defi ciencies. Such an amount of increased local funds shall be offset by a decrease in state funds in the same amount; or
(2) Require that a local unit of administration raise from local revenue sources an amount deemed necessary by the state board to finance all resources and actions needed to correct identified deficiencies. Such an amount of local revenue shall be in excess of any local funds required to be raised by the local unit of administration under other provisions of this article. If such additional local revenue is not raised by the local unit of administration by a state board specified date, the state board shall have the authority to withhold state funds in accordance with Code Section 20-2-243; or
{2} (3) T-he state feeard is authorized te f4te File a civil action in the superior court of the county wherein th a local school system or RESA office is located^ requesting the trial judge te determine a determination of whether any member of the local board of local school system education or any the local school superintendent or any member of the RESA board of control or RESA director has by his actions action or inactions inaction prevented or delayed implementation of the corrective plan. If the judge court finds that any beard member er local superintendent such official has pre vented or delayed implementation intentionally, then the judge court may issue an order requiring the beard member er superintendent, er both, official or officials to implement the corrective plan. The court shall have the power to appoint a trustee to make sttre ensure the order of the court is carried out. Any expenses or costs incur red by the trustee in carrying out his duties? when supported assigned by the court; shall be paid for eat ef from funds otherwise used to pay for expenses incurred by board members. If the trustee court finds that any beard member ef superintendent such official is violating the order of the court, then the judge court may remove stien beard member er superintendent the official and appoint a replacement until the vacancy can be filled as provided by law. The court shall have such powers as are necessary to carry out the provisions of this subsection.
Part 13
20-2-290. The board of education of any local unit ef administration school system is authorized to organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdiction. However, the State Board of Education shall provide grants subject te appropriation by tfee General Assembly for this purpose to local school systems whien that operate middle school programs in middle schools which meet the criteria and standards prescribed by the state boardj subject to appropriation by the General Assembly. The amount of such grants shall be an additional 13 percent of all funds needed tinder calculated for the Quality Basic Education formula provided for in Code Section 20-2-161 for students in grade levels six, seven, and eight who are counted in the full-time equivalent counts FTE count for the middle grades program for a qunlificd in state board approved middle school program programs. Local school systems which have organized their schools in such a manner that facilities house mere than grades six, seven, and eight er that students in these grades are split across elementary and upper g*ad level schools or grades seven and eight shall qualify for the middle school program grants for students in grade levels so housed; 7 provided^ however, that

TUESDAY, MARCH 10, 1987

2239

each qualified middle school must provide each interdisciplinary team of academic teachers with common planning time of at least 85 minutes during the student instruc tional day and provided, further, that they meet all other criteria and standards pre scribed by the state board. A school which houses grades other than six, seven, or eight shall only be eligible if it has a full-time principal for grades seven and eight or six, seven, and eight and another full-time principal for grades above or below the middle school grades; provided, however, that such schools also meet all other provisions of this Code section. Schools with students in the sixth grade shall not be eligible for the mid dle school grants if the sixth grades are not housed in middle schools which also contain both grades seven and eight. Further, two or more adjacent local school systems shall qualify for the middle school program grants if through their contractual arrangement they alt jointly meet the requirements of this Code section and the criteria and stan dards prescribed by the state board. Fer those systems which are anabte te implement ft middle scnooi program containing grades six, seven, find eight, the state boapd shall nave trie authority to fund cither grades stst anfr seven or grades seven and eight under
(lards prescribed oy the state board* 1 nis (_*ode section snail ift no way peQutPe a" local school system to construct a middle scnooi containing grades six, seven, and eight m~ order te qualify for funds under this Code section. If a local school system has a combi nation of qualified and nonqualified schools, it shall receive the middle school grant only for those students counted in the FTE count for the middle grades program in qualified middle schools.
20-2-291. (a) In the event any a local school system is voluntarily consolidated merged with one or more adjoining local school systems under the provisions of Code Section 20-2-60 or Code Sections 20-2-370 through 20-2-372, all local school systems which are a party to such voluntary consolidation merger shall not be required to finance any portion of the costs for any new construction or any renovation of existing facilities qualified under Code Section 20-2-260 that are needed to effectuate the merger of the school systems, subject to appropriation for this purpose by the General Assem bly.
\D/ in the event any local scnooi system which has an elementapy scnooi which has less than 460 full-time equivalent atudcnta, a middle seheel which- has- less- than 634 ftrittime ecjuivaient students, OP a high scnooi which ftas less tnan 4oo iull-time equivalent students is voluntarily consolidated with another school e* a school ts constructed te serve the areas of such school and one OP mope additional schools, provided any such merged school shall serve wore students than the respective foregoing number, the local school system shall be required te finance one-half the costs that the local school system
UTTJXAJVllIlIVH* wr>nfhiip^irw TTi QiaJ"t u1*cA ^rfct^nunilr^ncrul Ttf\J\ fiiininira*i^i*u*c* nutiiirulncrr tthuoc \rjtrr\nfrvriiBaiInUnI1as ttj\rf vC-*inufu\nc oflcnru-tniru>ini jOA\jm_&Om_Ofwifi
for any new construction or any renovation ef existing facilities. (b) In the event two or more local school systems voluntarily consolidate two or more
elementary, middle, or high schools into a single school which meets or exceeds the base sizes specified in subsection (c) of this Code section or 100 percent of the student popu lation for the respective school level from all local school systems which are party to the consolidation will attend such school, all local school systems involved in such consoli dation shall not be required to finance any portion of the costs of new construction or renovation of existing facilities qualified under Code Section 20-2-260 that are needed to effectuate such school consolidation.
(c) As used in this subsection, the term:
(1) 'Base size for a middle school' is defined as the base size specified in Code Section 20-2-181 for the middle grades program.
(2) 'Base size for a high school' is defined as the base size specified m Code Section 20-2-181 for the high school general education program.
(3) 'Base size for an elementary school' is defined as the base size specified in Code Section 20-2-181 for the primary grades program.
(4) 'Elementary school' is defined as a school which contains any grade below grade four and does not contain any grade above grade eight.
(5) 'High school' is defined as a school which contains any grade above grade eight.

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(6) 'Middle school' is defined as a school which contains no grade below grade four and no grade above grade eight.
(7) 'Quality Basic Education organizational pattern' is defined as a K-5, 6-8, 9-12 organizational pattern of school levels or any other pattern which is congruous with this pattern.
(8) 'School level' is defined as a grade range which is consistent with paragraph (4), (5), or (6) of this subsection. In the event a local school system consolidates an elementary, a middle, or a high school which is smaller than the specified base size for that respective school with one or more other schools of the same school level within the same local school system, resulting in the consolidated school or schools being at least as large as the respective base size and organizational pattern consistent with the Quality Basic Education organizational pat tern or containing all the students within the local school system for the respective school level: the local school system shall be required to finance one-half the costs that the local school system would otherwise be required to finance under the provisions of Code Section 20-2-260 for any new construction or any renovation of existing facilities needed to effectuate such consolidation of schools. (e) (d) All benefits to local school systems as provided under subsections (a) and {b} of this Code section shall be conditioned upon the following:
(1) No student shall be expected or required to travel a greater distance time than the maximum travel distance and time prescribed by the state beatd State Board of Education to attend a school unless the state board explicitly authorizes an exemp tion based upon the greater good for all students which will result from such local school system consolidation merger or school merger consolidation; and
(2) In the event of such local school system merger or school consolidation, all existing buildings instructional facilities will be utilized for public educational pur poses to the extent feasible and practical. (e) All benefits to local school systems as provided under subsections (a) and (b) of this Code section shall be conditioned upon the following:
(1) The local boards of education which are potential parties to a merger of local school systems or a consolidation of schools have approved resolutions requesting the State Board of Education to conduct a feasibility study;
(2) The state board has conducted a feasibility study;
(3) The local boards of education which are to be parties to a merger of local school systems or a consolidation of a school or schools have approved the recom mendations of the feasibility study;
(4) The voters of the affected local school systems, if appropriate, have approved the merger of the local school systems; and
(5) The state board has approved the recommendations of the feasibility study.
20-2-292. (a) The State Board of Education shall provide sparsity grants; subject te appropriation by the General Assembly for this purpose, to qualified local school sys tems beyond those funds to which they otherwise are entitled by the provisions of this article and state tew and other statutes, subject to appropriation by the General Assem bly. To qualify for the provisions ef this Code section a sparsity grant, a local school system shall meet the following conditions:
(1) The local school system is unable to offer its students or a portion of its stu dents comparable educational programs and services comparable to that those which are typically being offered to students of- in this state under provisions of the Quality Basic Education Program authorized in this article with the funds it provided for this purpose; and
/\O,)\----Ti tn\nc lini//c*mnl m syros+In/cTmvi iwircrimuli/u4 asjt-nilil tuinc nuii-imaVuiilco ttrw> fo\nffeftrr fSiUniC~Hh cnunxwiwiJi/rQtQrraoVi/iilfct ocru!vIJiif^nHtnivf/\niicaii\
proptm9 dno services to its 9tudetits or ft portion of 119 9indents even rt scnoois. were merged er the teeft} system is consolidated with an adjoining teeal system er teed sys tems since the resulting schools weW stiH be smaller than the sizes provided at sabsection \v/ of oofle oection snjmiBm&tjL\ or sucn mergers ot scnoois or consoi10.o.11on of locfti systems ts inte&si Die since trie tpftvei ct19tftncc of time tor d sinuicnnt portion

TUESDAY, MARCH 10, 1987

2241

distance dftd time prescn bed oy Tne stflte uosrdj or ine consolidation with locsi system or loc&i systems wfls siteIDpted &rid wss rejected uy either toe
for this qualifying local system; and (2) The inability to offer students comparable programs and services is attribut
able, at least in part, to the fact that the local school system has FTE counts less than base sizes specified pursuant to Code Section 20-2-181 or the affected school or schools have FTE counts less than the base sizes referenced pursuant to subsection (c) of Code Section 20-2-291; and
(3) The state board has found, based upon a study it has completed within the past five years, that merger of local school systems or the consolidation of schools pur suant to Code Section 20-2-291, whichever applies to the specific situation, is unfeasible because consolidation of schools would result in a proportion of students whose travel time to such schools would be in excess of the state board prescribed cri teria concerning travel time to and from assigned schools; or
(4) The state board has concluded based upon a study pursuant to subsection (e) of Code Section 20-2-291, that merger of local school systems and the resulting con solidation of schools is feasible and the local school system has met the state board prescribed criteria concerning efforts to effectuate such a merger of the local school systems, but officials or voters of the other local school system or systems party to such merger efforts have rejected the proposed merger; or
(5) The adjoining local school system or systems have refused to participate in a study pursuant to subsection (e) of Code Section 20-2-291 to determine the feasibility of a merger; or
(6) The state board has concluded that the local school system would still be unable to offer comparable educational programs and services to its students or a por tion of its students even if the local school systems were merged or if schools were consolidated, since the resulting schools would still be smaller than the sizes specified pursuant to subsection (c) of Code Section 20-2-291.
iff)--The State Beard ef- Education has completed a study which; {A)--Concludes that school merger and system consolidation is infeasible;
comparable educational programs and services;
funds otherwise provided ndef this article and other applicable state kiwi and signs ftn ifiittdi cost TO ftH sttcn resources needed under
ef this paragraph bat net provided for ander subparagraph {} ef- this paragraph. Once a local school system becomes eligible for a sparsity grant ander the provisions of triis t_*ode section^ the otste OOSPQ of cjducstion sn&ii conduct "ft new study tts provided under subsection {a) ef this Code section at least enee every five years.
section until the State Beai-d ef- Education has completed such a study within five years, unless tne locfli system n&s rejected &n opportunity TO consolid&te witn flnotnep loc&i
this article and other state law as may apply te provide such comparable educational pPo^pftms find services to fill its students. 1 tie ^r&nts provided under trie provisions of
trr l\int (v~j*urtru\ec* Qocauftttiwr>ri>i OVAf"O_~1iCw1i jI-TnT jt-h
prescribed by the state board. The state beard shall prescribe saeh policies, regulations, procedures, dnd criteria fts rt deems necess&py lor tne eiiective impiementfltion 'Of tnis Code section.
(b) The State Board of Education shall conduct a sparsity grant needs study for each local school system meeting the conditions set forth in subsection (a) of this Code section. The needs study shall include at least the following:
(1) The identification of all instructional, administrative, and support service resources essential to the provision of educational programs and services to all stu dents in a manner comparable to those educational programs and services which are

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typically offered to students in this state under the provisions of this article with the funds provided for this purpose;
(2) The identification of resources which will actually be provided under the provi sions of this article; and
(3) The assignment of cost to all such resources which are identified as needed under paragraph (1) of this subsection but not identified as being provided under paragraph (2) of this subsection. The sparsity grant to an eligible local school system shall be equal to the total cost assigned to resources needed but not being provided pursuant to paragraph (3) of this subsection, adjusted annually to reflect changes in the salaries and operational costs similar to those changes made under the provisions of this article. (c) Once a local school system receives a sparsity grant under the provisions of this Code section, it shall continue to be eligible for such grant; provided, however, that it meets the following conditions:
(1) It continues to meet the conditions of subsection (a) of this Code section; (2) A feasibility study pursuant to subsection (e) of Code Section 20-2-291 con cerning the merger of school systems has been done within the past five years by the State Board of Education if the local school system has a FTE count less than the base size specified pursuant to Code Section 20-2-181 or the potential party local school system or systems have refused to participate in such a feasibility study or have refused to adopt its recommendations; and (3) A sparsity grant needs study pursuant to subsection (b) of this Code section has been done within the past five years. {e) (d) All local school systems receiving which received funds during fiscal year 1986 under a grant commonly titled 'isolated schools' shall continue to receive such grant, subject te appropriation by the General Assembly tor this purpose, grants, adjusted annually as provided in subsection ^ ef- this Code aoction, through the end of the fiscal year that the State Beard of Education has completed the study provided subsection te) ef this Code section, to reflect changes in the salaries and operational costs similar to those changes made under other provisions of this article, until the State Board of Education has completed the studies prescribed in this Code section or until July lj 1989, whichever occurs first, subject to appropriation by the General Assembly. 20-2-293. The provisions of this article and other statutes to the contrary notwith standing, the State Board of Education is authorized to provide a procedure whereby a student shall, for such compelling reasons and circumstances as may be specified by the state board, be permitted to attend and to be included as an enrolled student in the public schools of a local unit of administration other than the local unit of administra tion wherein the student resides for the purpose of allotting state funds under this arti cle, notwithstanding absence of an agreement between the two local units and a refusal by the board of education of the local unit wherein the student resides to approve volun tarily such transfer of the student to the public schools of the other local unit; provided, however, that the board of education of the local unit is willing to receive and to permit such student to enroll in and to attend the public schools of such local unit. The state board shall adopt such rules, regulations, and policies as may be necessary for imple mentation of this Code section. Grant or refusal of permission for students to attend such schools, for the purpose of permitting state funds to follow such students, shall be entirely discretionary with the state board and shall, in the absence of a clear abuse of discretion by the state board, be final and conclusive. Local units of administration may contract with each other for the care, education, and transportation of students and for such other activities as they may be authorized by law to perform.
Part 14
20-2-300. {a} The State Board of Education shall have authority to provide for implementation of other educational programs not ordinarily coming within the pre scribed curricula of the public schools including btrt net limited te young fawner pro grams; youth camps, and food-processing programs, which may or may not require use by local units of administration of additional specially qualified personnel and special

TUESDAY, MARCH 10, 1987

2243

equipment necessitating allotment of additional funds. The state board is authorized to establish priorities, standards, and criteria for implementation and operation of such programs as the state beard it may; in its discretion, find necessary or desirable to implement on a state-wide basis. Local units of administration may, prior to imple mentation of such programs by the state board, implement such programs locally in accordance with criteria and standards prescribed by the state board. The state board shall, prior to implementation of such programs, establish a uniform basis for allotment of additional funds if such additional allotments are necessary for operation of such pro grams and j provided the General Assembly has appropriated funds for this purpose.
atien ef the state schools (or the deaf and blind. Saeh lands appropriated fey the Gen eral Assembly shall be made available tor the operation ef these schools tinder rates and regulations prescribed by the state board.
4e)--(i)--he State Beard ef Education shaft annually determine the cost ef operating and maintaining the atatc-widc network ef public school educational television sta tions; the state-wide eest ef programming; and the state wide eest ef production and
educational television program. Seh state-wide costa as determined fey the state feeafd shall fee paid entirely frem- state funds subject te appropriation by the General
fecal units ef administration ef the eest ef supporting the Quality Baste Education

9tflte wOflPd Stlflll develop ft C01H p PC nen S1VC plflll I OF C&rrying OUt trlG
Ot tniS SUDSeCtlOn. QUCfl plftfi Sn&Ll include^ OUt ftOt DC limited *O,
utilization ef educational television fer feeth instructional and pablie broadcaating pr-

cquipmcnt.
\oj--rfOtwitnstftnding flny otner \_<ode section to trie contrdry j the otflte tiosra or iuucfition nifty deie&te tne fluinor11y tnd duties found to p&rftp&pns \ i) find \) ot

te the Georgia Public Telecommunications Commission, and the commission may con

tract fer the purposes ef paragraphs {i) and 42) ef this subsection with public telecom-

municationa facilities owned by a independent school system prior te 1060.

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n-j-n-tftyol g til It; I ell

AJ^LUUL^UU^. Cvl UUo I/IVHI

suDjccts to individuals TO ycftps ot && snd older who nflvc ieit scnooi And WHO tiflve Jess than an eighth-grade education or its equivalent. Instruction in a variety of skills and subjects *ay be provided for individuals who have mere than an eighth-grade cducfl11on or its CQuivsicnt. rrionty snftli oc given to elimination ot iiiitepflcy tft tne state and te the attainment ef a general educational development (GED) equivalency diploma. Programs ef general education fer adults should serve te improve the ability ef the individual te profit frem occupational training and meet adalt responsibilities more effectively. Individuals who are 16 or t years ef age and who have withdrawn irom scnooi PPJOP to ^rsdufttion tor ft period ot tour of HIOPG montns snctu DC oii^ioie te enreU in adult education programs if they receive written approval for auch cnrollent frem the superintendent ef the local school system or the superintendent's desig ner However, the language contained in this subsection shaH in no way be interpreted te prohibit a student who withdrew from school prior te graduation de te marriage, pregnancy, childbirth, or complications thereof from recnrolling in the regular general education program upon proper petition as provided in Code Section 20-2-160.
42)--Except where prohibited by federal law; rules, or regulations, local units of administration shall fee authorized te utilize personnel funded tinder this Code acetion te administer and coordinate community education programs and activities as welt as te execute their assigned dtrties and responsibilities related te adult education.
43)--T-he state board is authorized te receive federal funds allotted to Georgia under acts ef Congress appropriating federal funds fer adtrit education. The state board shaH establish policies, regulations, and standards relating te implementation and operation

2244

JOURNAL OF THE HOUSE,

of general education programs tor fiduits. i o DC eligible lor state and tederal tunds, aH programs shall be operated in accordance with the state beard policies, regulations, and standards. Any ether Code section ef this article notwithstanding, the state -beard shaH annually request ef the General Assembly funds for adult general education a*d
t9 authorized tO UtlllZC SUCn State and lederfti ftindS tO COntfftCt With lOCfll Unite 'Of
administration and other public agencies te finance adult general education for eligible individuals. {e)--W--There is established a State Beard ef Postsecendttry Vocational Education consisting of not less tnan TO members wno snail "be ftppomted by trie \j overnor find
live at"large appointments* iVrem bers snail reppcsent business, industry of economic dcveiopmeRt. i ne board snail elect irony its members ft cnairmftftj vice chairman, and" seh ether officers as are considered necessary, each te serve for two-year terms. Offi cers may be elected te succeed themselves. Members shaH serve until their successors fire dp pointed} nowevet, ttt tne event of ft vflcsncy on tne board Decftuse ot defltn,1 resignation, of removal lof ftny reason other than expiration of member's term, the ijovernor snail till sucn vacancy and trie person so appointeo snail serve tor tne unexTM pired terms ef office.
&)--The State Beard ef Postaccondary Vocational Education shaH be empowered te^
{A)--Approve occupational programs ef twe year duration er less; provided, hewever, any courses TO be transteraole to units of tne University system of snail oe approved Dy tne board of regents}
^B)--Receive and held title te property, equipment, money, and
and foundations; (,JJJ--vjontract witn ottier state, rederai, or local scnoois and organizations, indi-
viduals, er ether legal entities; ^ETJ--feeiect and employ an* execu11ve director and statt and prescrioe tne duties
and compensation thereof; atd 4F}--Establish and promulgate standards, policies, and procedures for the orderly
and efficient operation ef postsccondary area vocational-technical schools, programs, and institutions, to include out not be limited to, developing criteria tor employTM mcnt find retention of tacuity and statt, student admissions, program approval^ 9fli~
standards, length ad outcome competencies; establishing provisions for appropriate recognition of program acnievement below tne bftccaiaureate levelj soliciting resources from the private sector, industry education partnerships, data collection, representing postsccondary vocational-technical education in aH forums, and such otfter functions necessary to assure ft 91fltc-wide system of scnoois witn centrfiiizGd and specialized leadership at the state tevefc {)--he State Beard ef Postsecendary Vocational Education shall exercise statelevel leadership, management, and operational control ever postsecondary area vocational-technical schools, programs, and services including stieh postsecendary vocft11onal scnoois now operated by tne state and snail provide tor ft comprenensive program ef career, occupational, and vocational 'technical education for adults ad eatof-school youths. The purpose ef this program shall be te promote the economic wellbeing of Oeorgift etttze'Rs by providing nign quality post secondary and adult vocational-technical education programs, services, and activities which are easily acces sible by aH segments ef the adult population whe eed and can benefit fi-em training, retraining, or upgrade training tor ensploymentj and to provide ft system of scnoois which is a faH partner in economic development ad expansion ef the state's economic base and represents a significant asset itt tne ft11raction or new business find industry
{4)--The members ef the State Beard ef Postsccendary Vocational Education whe are i state employment shall serve without compensation bat; subject te fund avaHability, snail oe1 reimbursed by tne state departmettt ift wnicn employed top all necesTM sary expenses tnat may be incurred m* tne pertormance ot tneir duties under tnis

TUESDAY, MARCH 10, 1987

2245

article in accordance with state travel regulations promulgated by the Office of Plan-

tnQt errrployGOS Of tnC Stftte mePit System ftfe Feim DUP96d. if Of tftOSe otfite DOfiPQ Or
Po8t8ceondary Vocational Education mcmbcra who are net i state employment, the

rAro0aBmcii]i"ul1iyu naynijuJ oauhm olli Kuco npm nyrnuhulirur, SnLnIhUiJnCrUtL- Tj-Oji fliu-iunufl oftvirnniiilun.KuiiHiiii'/\yrs fir!-u>in! jL-UliGn Q otiani+/co DTftr/>tntri-trx] o*r
Poataccondary Vocational Education. (6) The State Beard ef Poataeeondary Vocational Education shall meet monthly.
Add111onfii Trreetins mfiy i&e Cfliied oy ttte cn&ippepson OP At tne peQuest of tnpee OP
(6) The State Beard ef Poataeeondary Vocational Education shall adept procedures IOP me conduct of its activities*
\ / AHy OtneP OOde SCCllOIl Of in19 APtlCle nOtWltnstAndin, tttC btfltC DQCitU. Or
PostsccoiMkffy Vocational Education shaH annually determine the amount ef Amds needed te provide peatseeendary and adult vocational technical education programa io DU31H698 find indusipy find fop Adults Atiu out"or ~9criooi youtiis ftnd sticui tnnu&ily request the General Assembly te make such appropriations as are needed. Th State DOBPO Or ciducfl tion ts dGsi^iitied AS tnc sole suite fljjeirey" to receive iedeF&l tunds Aiioticci TO ijCorgifl und6F QCts ot oon^pess ftpppoprifltin^ tedepdi lunds TOP c&peep'f occupational, er vocational-technical education; however, these lands appropriated fer the operation and management ef peatseeendary vocational-technical, adult, and
Beard ef Peatseeendary Vocational Education; further, a proportionate share ef these federal funds appropriated fer planning, evaluation, program improvement, and ether administrative and discretionary purposes shall he placed under the jurisdiction and control ef saehheardr Those personnel positions authorized fer fiscal year 4986 fer the operation and management ef the postsccondary area vocational-technical schools and adult ccntcra, as weU as a proportionate share ef theae positions authorized fer fiscal ycflp moo top piAiming, evfliufltionf prorcmi improvemeniv ftftd otner Adminisip&tive and discretionary purposes, shall be transferred te the State Beard ef Postsccondary Vocational Education. Saeh employees ahaH retain aH existing rights ander the Employees' Retirement System ef Georgia, Teachers Retirement System ef Georgia, and the state merit system.
\o/ Any otiiep oode section or tins &pticie notwitnstflndin^j trr& ot&te ooctfvt of Postsccondary Vocational Education is authorized te provide funds, appropriated by vfie oenepBi Assentoly fop tnis puppose^ to locctz units of ftoitiinistpfltion &nd to otnep state and leeal agencies te be aed fer career, occupational, and vocational education.
\'/ Any otnor oode section of tins ftpticie notw11nst&ndint &nd suoject to flppro-- priations by the General Assembly, the State Beard ef Poataeeondary Vocational Educftvion mfly fidopt sucn sfiifipy find sfliftpy supplement scneduies deemed necess&py to eary et paragraph {8} ef this subsection and shall establish policies, regulations, and standards relating te and necessary fer the implementation ef this subsection.
\Avj Any otnep oode section of tnis fipticie notwitnstAndin^, &ii decisions pe^&Pdin^ the delivery ef postsccondary and adult vocational-technical education programa and aerviee te business, industry, and individuals whe are 16 years ef ageer elder and whe nflvc eompieted OP lett tnc puoiic scnoois sn&ii oe* Hiflde" oy tire* ot&te uoAPd of* Postsccondary Vocational Education. Commensurate with this authority the beard shaD exercise atatc level management and operational control ever the postsccondary area vocational-technical aeheel system and adult vocational centers.
(11) Nothing in this Code section ahaH abridge the authority ef the beard ef regents te establish er operate colleges er ef local er independent city er area beards te opcrfife scnoois:,
(12) The State Beard ef Poatsecendary Vocational Education shaH establish these policica, standards, operating procedures, and centre! measures necessary te provide a modern system ef postsecondary vocational-technical schools which is highly rcsponsivc to tne occupAtionfti cducAtion &nd tPflinin^ needs of oustness* industpy, &nd stuTM dents, and whieh enhances the atatc'a competitive position fer economic development.

2246

JOURNAL OF THE HOUSE,

(13) The State Beara ef Postsecondary Vocational Education shall appoint an executive director ana shaH tat his compensation, duties, and responsibilities consistent witn tne provisions of tnis article, i ne executive director snail exercise tne overall supervision and direction ef- the staff ef the State Beard of Postsccendary Vocational Education and shait serve at the pleasure ef the State Beard ef Postsecendary Voca tional Education. The State Board ef Postsecondary Vocational Education may assign and delegate te the executive director sweh responsibilities, powers, and duties as the otate DOaPt Or .F ostsecondspy vocatioiiai Ejducct11on msy deem proper &nd apppopri*
Vocational Education legal documents and ether filings. (14) The executive director shall be responsible for implementing the policies ef the
State Beard ef Postsccendary Vocational Education and fer the day-to-day operations ef the State Beard ef Poataccendary Vocational Education. The executive director shall develop jeb descriptions fer the necessary administration, programmatic, liaison,
atien ef the State Board ef Postsccondary Vocational Education. \ lo/--iNcwiy fiired professional personnel 6mployed tor trie tirst time' Dy me otctte
Beard ef Poataecondary Vocational Education en and after Jiy 1^ 1086, shall become
mcnt, unless saeh personnel select membership i the Employees' Retirement System
during the tenure ef employment with the State Beard ef Poatsccendary Vocational Education. The State Beard ef Postsccendary Vocational Education shall provide by
professional personnel ef the option provided fer by this subsection ae that such per sonnel may chooac membership in the Teachers Retirement System ef Georgia er the Employees' Retirement System ef Georgia at the time ef their employment.
/ifi\ Ar>y rttnpr ("!Afip QpctIATI nf thiq nrt\(~\(t nAtwitViQfnnHing f hp Rtfltp "RofirH of
Postsecondary Vocational Education shall assume the management, operation, ad
wnni^ii./^ru^.i1 onrf 4m-Ue^ lIQ"^\.U.;I^ UKl, OGi-L^-a^r4t- rTr>u--g^~r-n.^i,n~.. Tx*nJ.A c tQ^jr.vfaftv-f^. P uu^a--r--o-1 TnJfI P EJUJ..u.u,.^n4L-JI^U^II. ^31j1.^0.1111 4t-r~a^_i^ia-Ci^c--r t4w-,.
the State Beard ef Poataccondary Vocational Education aH existing staff; equipment,
accomplish this requirement, aa set forth i this Code section. \TT--\ A /--1 ne otftte DOftf of cbducfition sn&ii flnnxiftiiy determine snd peQiiest ot tnc General Assembly the amount ef funds needed fer county and- regional public libraries ef the state. Thia rcqucat shall include, teat net be limited -te; funds te provide library DOORS ctnd rnfltefiflis, s&i&Fies &nd tPovel tor ppoicssion81 iiof&Pidxis^ c&pitcti outisy lor public Hbrary conatruction, ad maintenance and operation. T-he amount fer library
paying the salaries ef librarians allotted shall be in accordance with regulations estab lished by the state beard and the state minimum salary achedule fer certificated pre-
public libraries JR proportion te the area and- population te be served by such libraries in accordance with regulations and minimum public library requirements prescribed Dy tne st&te Doord. All sucn funds snB.il oe distPi outed directly TO tne re^ionfli of county library boards.
\/--rhe &tftte Doftfd sndH lurtner mdKe adeQu&te provisions lor stfliij supplies, services, snd t&ciiities to operate snd mftintflin specifti medift eQuiptnent to meet tnc Kbrary needs ef the blind and handicapped citizens ef this state.
(8) The state beard shall further provide the staff, materials, equipment, and sapplies t provide ft DooK*iendin cind intorm&11on service to fill county and regional public libraries in the state and te coordinate intcrlibrary cooperation and interchange
\^f--1 ne state ooctpd ts tuptnep autnonzed ft9 tne sole fluency to receive tedepai funds allotted to tins stste under ctcts OT ooti^pess appropriating tedcpai tunds ror public libraries.

TUESDAY, MARCH 10, 1987

2247

{g)--The state beard is authorized to inaugurate a student honors program for pupilsm the public &nd ppivftte hign schools of this srftt'e who hflve mftmiested exception ftI
AOil11168 OP Um^Ue pOtGDt1ftiS OP WttO hftV m&de exceptions! QC&dGIH1C QChlCVemChtS.
ouch ppo^pftm nifty DC conducted during summer months DCtweeh nopmfli schoolyeftp terms ftt institutions of higher lefipnm OP other ftpppopPIftte centers within this stflte with iftciiities ftdecjufite to provide chsiieh^ih^ opportunities ror tdvtnced study ftnd flccompi19hmehts by such students, i. he student honors projfrftm shfiii DC implemented and operated in accordance with criteria to be established by the state board, ad oper ating and pupil coats and expenses may be paid by the State Beard ef Education frem tunds m&de &v8ii& Die tor this purpose oy the oener&i AssemDiyr 1 he stflte Do&Pd w authorized to enter krte cooperative agreements with the Beard ef Regents ef the tfnivcrsity System ef Georgia fer operating and sharing the costs ef such programs.
(h) The State Beard ef Education is authorized te inaugurate and operate a rcsidcntial high seheel program fer highly gifted and talented yetiths ef this stater This rcsidcn-
grades. Enrollment in this residential high school program shall be by student applicatioh ftnd on ft voiuntftpy D&SISJ provided, howevep, thftt the purent or ie^ti u&rQifln of seh student must have signed a agreement authorizing enrollment in this program. i ftis ppo^pftrn shftii oe opeT&ted during the hopmfli school ye&p top ft mmihiuitt of lou days, in cooperation with en ef the state universities er colleges, and frem funds pro vided by the General Assembly fer this purpose. The state beard is authorized te enter inte cooperative agreements with the Board ef Regents ef the University System ef Ocorgia concerning tne operation and snaring or costs or tnis program? l nc state boaru snail prescriDC policy, regulations, standards, and criteria as ucciiicd necessary tor tnc effective operation ef this program.
\t7--l he otflte DOftPa of Hiducfttion sh&ll hflve fluthonty to provide IOP the opet&11on ef youth camps, food-processing programs, and young farmer programs. The State Beard ef Education shaH annually determine the amount ef fends needed te provide -the pro grams described in this subsection and shall annually request from the General Asscmbly seh appropriations as are needed.
20-2-301. The State Board of Education shall be empowered to form a coordinating committee fer exceptional individuals. The the Coordinating Committee for Exceptional Individuals which shall consist of a representative of the Governor's office, no less fewer than three representatives of the Department of Education, no less fewer than three representatives of the Department of Human Resources, and no less fewer than three representatives of the Department of Corrections. At least one of each department's representative representatives shall be from the upper levels of management, and all representatives shall be designated by their respective department head heads. The committee shall be provided a full-time staff of one professional staff member from the Department of Education and one professional staff member from the Department of Human Resources. The committee shall report annually to the Governor and the Gen eral Assembly concerning issues addressed and the progress which results. The issues which shall be addressed by the committee shall include, but shall not be limited to, clear delineation of responsibility regarding services to handicapped individuals, clear delineation of referral and coordination processes, and resolution of how such understandings shall apply in specific instances, particularly when such resolution involves a conflict at the institutional and school-system local unit of administration level.
jO-i"JOJ.--Any public school at the secondary level which provides access te the campus er te student directory information te persons er groups wnicn maKc students aware ef occupational er educational options shall provide access te the campus and student directory information en at least the same basis te official recruiting rcpresentatives Or the militflry lorces of tne stflte &nd the United ototes TOP the purpose of informTM ing students ef educational and career opportunities available in the military.
20-2-302. The State Board of Education shall annually determine the amount of funds needed for operation of the state schools for the deaf and blind. Such funds appropriated by the General Assembly shall be made available for the operation of these schools under rules and regulations prescribed by the state board.

2248

JOURNAL OF THE HOUSE,

O icfu\ ^Os QouAQo. otrcn T7ni--V> stuucni QJ-ilr1ftT*+ tnii-> me J-Vin pownc *nV>li<t so/c-himr>ru>ilns TnTTf f1-/K 11i1o9 soitMnit/fCj i lulTjV/\fxrii

TO ycftF9( sficui ioe Apprised ot ftis o? fief ri^iit to register 8 QII elector ctnd "to vote ~

elections and ef- any obligation te register with the Selective Service System apen attain

ing the age of IS yeatar 3%e State Beard ef Education shaft promulgate rates and regafat-

tiena te eawy eat this Code section. An excused absence ef a student te register er vote-,

as determined by theleeal writ of administration, shaft et exceed eae school day:

20-2-303. (a) The State Board of Education shall annually determine the cost of

public school educational television programming, including the state-wide cost of pro

duction and purchase of videotapes and other materials. Such costs shall be paid

entirely from state funds, subject to appropriation by the General Assembly.

(b) The state board shall develop a comprehensive plan for carrying out the public

school educational purposes of this Code section. Such plan shall include, but not be

limited to, reviewing the utilization of educational television for instructional purposes,

the purchase and Construction of facilities or equipment, and improvements in the effec

tiveness of instruction through telecommunications.

(c) Notwithstanding any other Code section to the contrary, the State Board of Edu

cation may delegate the authority and duties found in subsections (a) and (b) of this

Code section and any other authority and duties concerning educational television to the

Georgia Public Telecommunications Commission, and the commission may contract for

the purposes of subsections (a) and (b) of this Code section with public telecommunica

tions facilities owned by an independent school system prior to 1960.

OA O QAjl

T?n/*K -**- -3 .>.--*- J-- *1- ~. -^..'U.li -~ ~~i.^. rt l ri ~f thin fit n to nit nil ^"* n fff\rt\ n f\ l*A

CUTM m O\J*t,----CnXCXX 3t>UUt7llt> HI LJ1G f/UUllC SvHUlMS Or tI119 SUIvC Sllfl-11 UU H1IU1 UCU liltt?

oppoftunity TO incite &ne rlecl^e ot Aile^icuiee TO tfte tict or trie onttcct otAtes or jf\mcf~'

ectcn sciiooi ufly. IT sftflH oe trie duty ot e&cii loc&i DOflrfl1 ot cQucmioii to1

ft policy setting %ne time &nd ntftttncp TOP FOCItfltion ot tfte j^ied^c or A

Saeh peftey shaft be established i writing ad shaft be distributed te each teacher

witilln trie scnooi.

20-2-304. (a) The State Board of Education shall maintain an adult general edu

cation program. This program shall provide instruction in basic skills and subjects to

individuals 18 years of age and older who have left school and who have less than an

eighth-grade education or its equivalent. Instruction in a variety of skills and subjects

may be provided for individuals who have more than an eighth-grade education or its

equivalent. Priority shall be given to elimination of illiteracy in the state and to the

attainment of general educational development (GED) equivalency diplomas. Programs

of general education for adults should serve to improve the ability of the individual to

profit from occupational training and meet adult responsibilities more effectively. Indi

viduals who are 16 or 17 years of age and who have withdrawn from school prior to

graduation for a period of four or more months shall be eligible to enroll in adult edu

cation programs if they receive written approval from the superintendent of the local

school system or the superintendent's designee. However, the language contained in this

subsection shall in no way prohibit a student who withdrew from school prior to grad

uation due to marriage, pregnancy, childbirth, or complications thereof from reenrolling

in the regular general education program pursuant to Code Section 20-2-150.

(b) Except where prohibited by federal law, rules, or regulations, local units of

administration shall be authorized to utilize personnel funded under this Code section

to administer and coordinate community education programs and activities as well as to

execute their assigned duties and responsibilities related to adult education.

(c) The State Board of Education is authorized to receive federal funds allotted to

Georgia for adult education. The state board shall establish policies, regulations, and

standards relating to implementation and operation of general education programs for

adults. To be eligible for state and federal funds, all programs shall be operated in

accordance with state board policies, regulations, and standards. Any other Code section

of this article to the contrary notwithstanding, the state board shall annually request of

the General Assembly funds for adult general education and is authorized to utilize such

state and federal funds to contract with local units of administration and other public

agencies to finance adult general education for eligible individuals.

cvTMx<ioOo. w otwitriswinding this ftrticie find other 9011001 iflws, tfte otflte OO&PQ ^w

Education is authorized te provide, by regulation, a procedure ad manner whereby

TUESDAY, MARCH 10, 1987

2249

pupil shall, for stieh compelling reasons and circumstances as may fee defined and specilied Dy tne stftte Doftrdj oe pcpmiited to fittend &nd to oe inciudcd ss AD enrolled pupil in the public schools of- a local nit ef administration immediately adjacent te the local tmit ef administration wherein the pupil resides for the purpose ef allotting state funds under ttiIB ftpi/icie, notwitnst&ndin^ ftDsence ot fin fl^peemenr Detween tne two tdj&cent
resides to flpppove voluntarily sucn tp&nslep of trie pupil to trie public scnoois of trie adjacent local unit; provided, however, that the beard ef education ef the adjacent local unit ts willing to receive find to permit sucn pupil to enroll ift snd to 9.ttend tne pu DIIC schools ef seh local unit. The state beard shatt adopt stieh rules, regulations, and- pehcies ds infly oe necesso.py IOP implementstion ot tins oode section, opflnt OP retusfll ~ot pepmis8ion IOP pupils to Bttend sucn scnoois^ tor tne purpose of permitting st&te tunds to ioliow SUCA pupils, sfid11 De entirely discretionflpy witti the stflte boftpd find1 stifllry HV tne ftDsence of ft cie&p ftouse of discretion Dy trie stftte ooftpdj DC iin&i find conclusive.
transportation ef pupils and for such ether activities as they ay be authorized by tew to pepiopm.'
20-2-305. (a) The State Board of Education shall annually determine and request of the General Assembly the amount of funds needed for county and regional public libraries. This request shall include, but not be limited to, funds to provide library books and materials, salaries and travel for professional librarians, capital outlay for public library construction, and maintenance and operation. The amount for library books and materials shall be not less than 35c per person. Funds for the purpose of paying the sal aries of librarians allotted shall be in accordance with regulations established by the state board and the state minimum salary schedule for certificated professional per sonnel. Public library funds shall be apportioned to county and regional public libraries in proportion to the area and population to be served by such libraries in accordance with regulations and minimum public library requirements prescribed by the state board. All such funds shall be distributed directly to the regional or county library boards.
(b) The State Board of Education shall make adequate provisions for staff, supplies, services, and facilities to operate and maintain special media equipment to meet the library needs of the blind and handicapped citizens of this state.
(c) The State Board of Education shall provide the staff, materials, equipment, and supplies to provide a book-lending and information service to all county and regional public libraries in the state and to coordinate interlibrary cooperation and interchange of materials and information among all types of libraries.
(d) The State Board of Education is authorized as the sole agency to receive federal funds allotted to this state for public libraries.
(e) The State Board of Education shall adopt policies and regulations to implement this Code section.
fiUTMfiTMoUo.--\ft/--i ne \j ovepnop prior to duly io lUoOj snd.il Appoint s tssK topee com* posed ef representatives from the Department ef Education, the Office ef Planning and Budget, the Department ef Audits, the Department ef Administrative Services, and the Legislative Budget Office te identify the specific data required te implement the Quality Basic Education Program en a fiscally sound basisr The task- feree is directed te identify any other information which wH be required frem local units f administration 4er -the implementation ef this article and te design a state-wide educational information system wnten will provitre IOP tne &ccup&te &nd timely ilow of iniopmstion IPOIU tocfti units ot administration te the state.
\D/ niis t&sK topee sn&ii IUPtnep develop speciiicfltions IOP n&pdw&pe snd soitwftpe acquisition fer administrative uses. Saeh specifications shall be followed by the state Doftrd dnd locfti units ot fldmimstpfltion. i ne stftte Doftpd sn&ll peQuest suiticient tunds annually fer the development, operation, training ef appropriate personnel, and mainteHCLHCG of tfte stflte"Wide educ&tionfli netwopK , including ftny tundin^ needed IOP eQuipTM

2250

JOURNAL OF THE HOUSE,

if)--Any information, unless otherwise prohibited by statute, collected over the statewide educational network shall fee made available te the Governor's office and the House and Senate Appropriations and Education committees.
(d)--?% state-wide educational network shall fee substantially completed prior te July 4; 1087, and shall fee fully completed by Jtriy -, 1088, and the task- force appointed fey
suostftntifllly comp1eted WOUKI include ftt d minimun) comp1ete r In counts find coinTM" plcte salary data for each school system.
20-2-306. (a) The State Board of Education is authorized to inaugurate an honors program for students in the public and private high schools of this state who have mani fested exceptional abilities or unique potentials or who have made exceptional academic achievements. This program shall be conducted during summer months between normal school-year terms at institutions of higher learning or other appropriate centers within this state with facilities adequate to provide challenging opportunities for advanced study and accomplishments by such students. The student honors program shall be implemented and operated in accordance with criteria established by the state board, and operating costs shall be paid by the state board from funds made available for this purpose by the General Assembly. The state board is authorized to enter into coopera tive agreements with the Board of Regents of the University System of Georgia for oper ating and sharing the costs of such programs.
(b) The State Board of Education is authorized to inaugurate and operate a residen tial high school program for highly gifted and talented youth of this state. This residen tial high school program shall consist only of students in the eleventh and twelfth grades. Enrollment shall be by student application and on a voluntary basis; provided, however, that the parent or legal guardian of each student must have signed an agree ment authorizing enrollment in this program. This program shall be operated during the normal school year for a minimum of 180 days, in cooperation with one or more of the state universities or colleges from funds provided by the General Assembly. The state board is authorized to enter into cooperative agreements with the Board of Regents of the University System of Georgia concerning the operation and sharing of costs of this program. The state board shall prescribe policy, regulations, standards, and criteria as needed for the effective operation of this program.
20-2-307.--he State Beatd of Education shall net initiate or cause te be initiated any PPO^P8mj pfo^rflnn expsnsion, ftctivityj OP flctivity expansion reIsted to OP conteinpl&ted in this article which weald result in additional expenditures by the state if such expenditures are net funded er otherwise contemplated by the General Assembly in n appropriations Act in force er te be in force within eneyear:
20-2-307. The State Board of Education shall have authority to provide for the oper ation of youth camps, food-processing programs, and young farmer programs. The state board shall annually determine the amount of funds needed to provide the programs described in this subsection and shall annually request from the General Assembly such appropriations as are needed.
data categories defined by the task feree created under Code Section 20-2-306, expenditure records tor escn instructions! pPO^PBID find CQtcgoricfli rtmt under tnis Article. AS
student-teacher ratios for each ef the program weights and the eest components
yrtnifilcnciM~fJstvf\i liint ftVutf!i K i/cntHonc aoruri>ur\uiiiri>tt' H ucnifninincHu m in sounUKBaCnU"LfU\rJ\Hn \{aa/\ or\rf VCTVUwU4Co OPjCnC^tTi^/IvWr*II- Oi\fJlm_9_~1ifoili. Q CTnU/^UIhI
iniOPHI&11on sn&H i&e msde &v8ti&Diev upon recjUGStj to tne Appropfis11ons &nd n^ducfltion committees ef the House ef Representatives and Senate ef-the General Assembly.
20-2-308. Reserved. 20-2-309. Reserved. 20-2-310. (a) Any public school at the secondary level which provides access to the campus or to student directory information to persons or groups which make students aware of occupational or educational options shall provide access to the campus and student directory information on at least the same basis to official recruiting representa tives of the military forces of the state and the United States for the purpose of inform ing students of educational and career opportunities available in the military.

TUESDAY, MARCH 10, 1987

2251

(b) Each student in the public schools of this state, upon attaining the age of 18 years, shall be apprised of his or her right to register as an elector and to vote in elec tions and of any obligation to register with the Selective Service System. The State Board of Education shall promulgate rules and regulations to carry out this Code section. An excused absence of a student to register or vote, at the discretion of the local unit of administration, shall not exceed one school day.
(c) Each student in the public schools of this state shall be afforded the opportunity to recite the Pledge of Allegiance to the flag of the United States of America during each school day. It shall be the duty of each local board of education to establish a policy setting the time and manner for recitation of the Pledge of Allegiance. Such policy shall be established in writing and shall be distributed to each teacher within the school.
20-2-311. (a) (1) There is established a State Board of Postsecondary Vocational Education consisting of not less than 15 members who shall be appointed by the Governor and confirmed by the Senate for five-year terms, one from each congres sional district and five at-large appointments. Members shall represent business, industry, or economic development. The board shall elect from its members a chair man, vice chairman, and such other officers as are considered necessary, each to serve for two-year terms. Officers may be elected to succeed themselves. Members shall serve until their successors are appointed; however, in the event of a vacancy on the board because of death, resignation, or removal for any reason other than expiration of a member's term, the Governor shall fill such vacancy and the person so appointed shall serve for the unexpired term of office.
(2) The State Board of Postsecondary Vocational Education shall be empowered to:
(A) Approve occupational programs of two-year duration or less; provided, how ever, any courses to be transferable to units of the University System of Georgia shall be approved by the Board of Regents of the University System of Georgia;
(B) Receive and hold title to property, equipment, money, and materials;
(C) Solicit and receive funds from the general public, corporate underwriters, and foundations;
(D) Contract with other state, federal, or local schools and organizations, indi viduals, or other legal entities;
(E) Select and employ an executive director and staff and prescribe the duties and compensation thereof;
(F) Establish and promulgate standards, policies, and procedures for the orderly and efficient operation of postsecondary area vocational-technical schools, programs, and institutions, to include but not be limited to, developing criteria for employ ment and retention of faculty and staff, student admissions, program approval, sal aries, tuition, and fees; long and short-term planning to include facilities, program standards, length and outcome competencies; establishing provisions for appropriate recognition of program achievement below the baccalaureate level; soliciting resources from the private sector, industry-education partnerships, data collection, representing postsecondary vocational-technical education in all forums, and such other functions necessary to assure a state-wide system of schools with centralized and specialized leadership at the state level; and
(G) Establish local boards of directors for postsecondary vocational-technical schools which it operates to assist the state board in carrying out its mission. The purpose of such boards shall be to facilitate the delivery of programs, services, and activities as directed by the state board. The state board shall be empowered to contract with local boards for such services as the state board deems necessary. The state board shall establish the number of members of each local board and the terms of office thereof, provided that all members of any board shall represent the geographic area which the institution serves as defined by the state board; provided, further, that all members shall represent business, industry, or economic develop ment. The state board shall be empowered to establish and approve all bylaws and actions of all local boards of directors. Each local board of directors shall meet at

2252

JOURNAL OF THE HOUSE,

least eight times per year. Each member of such local board of directors shall be reimbursed for expenses incurred in performing his or her duties as provided in paragraph (4) of this subsection for state board members. (3) The State Board of Postsecondary Vocational Education shall exercise statelevel leadership, management, and operational control over postsecondary area vocational-technical schools, programs, and services including such postsecondary vocational schools now operated by the state and shall provide for a comprehensive program of career, occupational, and vocational-technical education for adults and outof-school youths. The purpose of this program shall be to promote the economic wellbeing of Georgia citizens by providing high quality postsecondary and adult vocational-technical education programs, services, and activities which are easily acces sible by all segments of the adult population who need and can benefit from training, retraining, or upgrade training for employment; and to provide a system of schools which is a full partner in economic development and expansion of the state's economic
base and represents a significant asset in the attraction of new business and industry to the state and the expansion of existing business and industry in the state.
(4) The members of the State Board of Postsecondary Vocational Education who
are in state employment shall serve without compensation but, subject to fund avail ability, shall be reimbursed by the state department in which employed for all neces
sary expenses that may be incurred in the performance of their duties under this article in accordance with state travel regulations promulgated by the Office of Plan ning and Budget and the Department of Audits and Accounts in the same manner that employees of the state merit system are reimbursed. For those State Board of Postsecondary Vocational Education members who are not in state employment, the
expense and mileage allowance shall be the same as that authorized for the General Assembly and shall be payable, subject to fund availability, by the State Board of Postsecondary Vocational Education.
(5) The State Board of Postsecondary Vocational Education shall meet monthly.
Additional meetings may be called by the chairperson or at the request of three or more of the members.
(6) The State Board of Postsecondary Vocational Education shall adopt procedures
for the conduct of its activities. (7) Any other Code section of this article to the contrary notwithstanding, the
State Board of Postsecondary Vocational Education shall annually determine the amount of funds needed to provide postsecondary and adult vocational-technical edu
cation programs for business and industry and for adults and out-of-school youths and shall annually request the General Assembly to make such appropriations as are needed. The State Board of Education is designated as the 'sole state agency' to
receive federal funds allotted to Georgia under acts of Congress appropriating federal funds for career, occupational, or vocational-technical education; however, those funds appropriated for the operation and management of postsecondary vocational-technical,
adult, and industrial programs shall be placed under the jurisdiction and control of the State Board of Postsecondary Vocational Education; further, a proportionate share of those federal funds appropriated for planning, evaluation, program improvement,
and other administrative and discretionary purposes shall be placed under the juris diction and control of such board. Those personnel positions authorized for fiscal year
1986 for the operation and management of the postsecondary area vocational-technical schools and adult centers, as well as a proportionate share of those positions author
ized for fiscal year 1986 for planning, evaluation, program improvement, and other administrative and discretionary purposes, shall be transferred to the State Board of
Postsecondary Vocational Education. Such employees shall retain all existing rights under the Employees' Retirement System of Georgia, Teachers Retirement System of Georgia, and the state merit system.
(8) Any other Code section of this article to the contrary notwithstanding, the State Board of Postsecondary Vocational Education is authorized to provide funds,
appropriated by the General Assembly for this purpose, to local units of administra tion and to other state and local agencies to be used for career, occupational, and vocational education.

TUESDAY, MARCH 10, 1987

2253

(9) Any other Code section of this article to the contrary notwithstanding, and subject to appropriation by the "General Assembly, the State Board of Postsecondary Vocational Education may adopt such salary and salary supplement schedules deemed necessary to carry out paragraph (8) of this subsection and shall establish policies, regulations, and standards relating to and necessary for the implementation of this Code section.
(10) Any other Code section of this article to the contrary notwithstanding, all deci sions regarding the delivery of Postsecondary and adult vocational-technical education programs and service to business, industry, and individuals who are 16 years of age or older and who have completed or left the public schools shall be made by the State Board of Postsecondary Vocational Education. Commensurate with this authority the board shall exercise state-level management and operational control over the Postsecondary area vocational-technical schools and adult vocational centers.
(11) Nothing in this Code section shall abridge the authority of the Board of Regents of the University System of Georgia to establish or operate colleges or of local boards of education to operate schools.
(12) The State Board of Postsecondary Vocational Education shall establish those policies, standards, operating procedures, and control measures necessary to provide a modern system of Postsecondary vocational-technical schools which is highly respon
sive to the occupational education and training needs of business, industry, and stu dents and which enhances the state's competitive position for economic development.
(13) The State Board of Postsecondary Vocational Education shall appoint an executive director and shall fix his compensation, duties, and responsibilities consis tent with the provisions of this article. The executive director shall exercise the overall
supervision and direction of the staff of the State Board of Postsecondary Vocational Education and shall serve at the pleasure of the State Board of Postsecondary Voca tional Education. The State Board of Postsecondary Vocational Education may assign
and delegate to the executive director such responsibilities, powers, and duties as the State Board of Postsecondary Vocational Education may deem proper and appropri
ate, including the authority to execute in behalf of the State Board of Postsecondary Vocational Education legal documents and other filings.
(14) The executive director shall be responsible for implementing the policies of the State Board of Postsecondary Vocational Education and for the day-to-day operations
of the State Board of Postsecondary Vocational Education. The executive director shall develop job descriptions for the necessary administration, programmatic, liaison,
and clerical personnel and shall, at his discretion, hire staff necessary for the oper ation of the State Board of Postsecondary Vocational Education.
(15) Newly hired professional personnel employed for the first time by the State Board of Postsecondary Vocational Education on or after July 1^ 1985, and all fulltime nonprofessional personnel employed for the first time after July t, 1987, by
Postsecondary vocational-technical schools governed by the state board shall become members of the Teachers Retirement System of Georgia as a condition of employ
ment, if otherwise eligible under laws, rules, and regulations, unless such personnel select membership in the Employees' Retirement System of Georgia and are otherwise eligible under laws, rules, and regulations. Once such election is made by such per
sonnel, the election is irrevocable during the tenure of employment with the State Board of Postsecondary Vocational Education or any postsecondary vocational-
technical school governed thereby. Newly hired employees not eligible for membership in the Teachers Retirement System of Georgia or the Employees' Retirement System
of Georgia shall become members of the Public School Employees Retirement System as a condition of employment if eligible. The State Board of Postsecondary Vocational
Education shall provide by regulation for informing prospective employees of the option provided for by this paragraph so that such personnel may choose membership
in the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia or the Public School Employees Retirement System at the time of their employment.
(16) All full-time employees of a postsecondary vocational-technical school formerly
operated by a local board of education or area postsecondary vocational education

2254

JOURNAL OF THE HOUSE,

board as of July 1, 1987. or the date which the state board assumes governance of the postsecondary vocational-technical school shall elect either to continue membership in the Teachers Retirement System of Georgia or to become members of the Employees' Retirement System of Georgia. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the State Board of Postsecondary Vocational Education or any postsecondary vocational school governed thereby. All employees who are members of the Public School Employees Retirement System may elect to continue their membership in the Public School Employees Retirement System or to become members of the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia if otherwise eligible under laws, rules, or regulations.
(17) Employees of postsecondary vocational-technical schools governed by the state board shall serve in the unclassified service of the state merit system as defined by Code Section 45-20-6, provided that employees who serve in the classified service of the state merit system as defined by Code Section 45-20-6 may elect to remain in the classified service and be governed by the provisions thereof; provided, further, that such employees who choose to be promoted to unclassified positions or who request to transfer to different positions or locations shall become members of the unclassified service.
(18) Employees of postsecondary vocational-technical schools governed by the state board who are appointed after July l 1987, or after the date on which the state board assumes governance of the postsecondary vocational-technical schools shall have their compensation established in conformity with state board policy in accordance with the state board compensation plan in effect at the time of employment. Such employees shall receive benefits in effect at the time of employment available to state employees employed by the state board. The benefits and compensation for any employee may be amended, increased, or decreased at any time as the state board deems appropriate.
(19) Employees of postsecondary vocational-technical schools formerly operated by a local board of education or area postsecondary vocational education board shall as of July 1^ 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school make a choice as follows as to which salary and which benefit plan shall govern their employment:
(A) The salary earned as of July l^ 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school, whichever is later, and the benefit plan in effect as of the same date, provided that such benefits can be obtained for comparable or less cost by the state board. If such benefits cannot be obtained for comparable or less cost, such employees shall receive the benefits available to state employees employed by the state board. The future sal aries of employees making this choice shall be governed by policies established by the state board. Employees making this choice shall have no rights to salary increases accruing from past or future conditions or changes to their former compensation plans administered by local boards of education or area postsecondary vocational education boards;
(B) The salary earned as of July 1^ 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school, whichever is later, and the benefits available to state employees employed by. the state board as of the same date, provided that the state board may increase the salaries of employees to conform with the state board compensation plan in effect as of July 1^ 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school. Employees making this choice shall have their compensation administered in conformity with state board policy in accord ance with the state board compensation plan; or
(C) Employees of postsecondary vocational-technical schools formerly operated by local boards of education or area postsecondary vocational-technical boards who choose to be promoted or who request to transfer to different positions or locations shall be placed under the state board compensation plan and shall receive benefits as provided by subparagraph (B) of this paragraph.

TUESDAY, MARCH 10, 1987

2255

(20) Employees in the classified service of the state merit system who are employed by postsecondary vocational-technical schools governed by the state board who elect to become members of the unclassified service shall have their compensation estab lished in conformity with state board policy in accordance with the state board compensation plan in effect at the time of such election.
(21) An employee of a postsecondary vocational-technical school governed by the state board may be granted an amount of initial accrued sick and annual leave; pro vided, however, that the amount granted does not exceed the amount accrued as of July lj 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school, whichever is later; provided, further, that the employee has not received payment from the former employer for the leave; pro vided, further, that the amount does not exceed the amount which would have been accrued in the employment of the state board; provided, further, that the employee agrees not to leave employment voluntarily for a period of at least 12 months from July 1^ 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school, whichever is later; provided, further, any leave granted under this paragraph shall be subject to the same limitations as leave accrued while employed by the state board, including forfeiture.
(22) Employees of postsecondary vocational-technical schools governed by the state board shall accrue sick leave as provided for by the rules and regulations of the State Personnel Board.
(23) Employees of postsecondary vocational-technical schools governed by the state board shall receive days off with pay, the total of which in any year shall not exceed the total of the number of state holidays provided by Code Section 1-4-1 and the number of annual leave days authorized by the rules and regulations of the State Per sonnel Board. The state board may by policy establish conditions regulating such days off with pay. Such employees shall accrue annual leave as provided for by the rules and regulations of the State Personnel Board. For the purposes of determining the number of annual leave days authorized to be accrued by the rules and regulations of the State Personnel Board, years of experience in the employment of local boards of education or area postsecondary vocational education boards shall be counted as years of experience in the employment of the vocational-technical schools governed by the state board. (b) Any other Code section of this article to the contrary notwithstanding, the State Board of Postsecondary Vocational Education shall assume the management, operation, and control of the Quick Start Program. The State Board of Education shall transfer to the State Board of Postsecondary Vocational Education all existing staff, equipment, funds, property, and support functions and facilities currently under its control to accomplish this requirement, as set forth in this Code section. (c) Upon a postsecondary vocational-technical school's conversion to state manage ment, any unexpended nonstate funds that have been collected by, appropriated for, or otherwise earmarked for use by said postsecondary vocational-technical school operated by a local board of education or an area board shall remain with that school until expended for the intended purpose.
Part 15
20-2-320. (a) The Governor, prior to July 15, 1985, shall appoint a task force com posed of representatives from the Department of Education, the Office of Planning and Budget, the Department of Audits, the Department of Administrative Services, and the Legislative Budget Office to identify the specific data required to implement the Quality Basic Education Program on a fiscally sound basis. The task force is directed to identify any other information which will be required from local units of administration, public libraries, and postsecondary area vocational-technical schools for the implementation of this article and to design a state-wide comprehensive educational information network which will provide for the accurate and timely flow of information from these to the state.

2256

JOURNAL OF THE HOUSE,

(b) This task force shall further develop specifications for hardware and software acquisition for administrative uses. Such specifications shall be followed by the State Board of Education and local units of administration, public libraries, and postsecondarv area vocational-technical schools. The state board shall request sufficient funds annually for the development, operation, training of appropriate personnel, and maintenance of the state-wide comprehensive educational information network, including any funding needed for equipment and software for local units of administration, public libraries, and postsecondarv area vocational-technical schools.
(c) Any information collected over the state-wide comprehensive educational information network shall be made available to the Governor and the House and Senate Appropriations and Education committees, except information otherwise prohibited by statute. Such data shall be transmitted by electronic medium no later than July 1, 1989.
(d) The state-wide comprehensive educational information network shall be substan tially completed prior to July lj 1988, and shall be fully completed by July 1. 1989; pro vided, however, that the task force appointed by the Governor shall have the authority to specify components which, in its judgment, cannot be completed until July 1^ 1990. The task force shall develop a timetable for implementation of the information network and shall annually report to the Governor and to the General Assembly progress toward completion of the network. The task force shall be abolished on July 1^ 1989, unless extended beyond that date by order of the Governor. As used in this Code section, 'sub stantially completed' is defined, at a minimum, as including complete FTE counts, the uniform budgeting and accounting system, and complete salary data for each local school system.
20-2-321. The State Board of Education shall maintain, according to the specific data categories defined bj; the task force created under Code Section 20-2-320, expendi ture records for each instructional program and other grant program under this article. As a part of its annual budget request, the state board shall specify the teacher-student ratios for each of the program weights and the cost components reflected in the base amount defined in subsection (a) of Code Section 20-2-161. Such information shall be made available to the Appropriations and Education committees of the House of Repre sentatives and Senate of the General Assembly.
20-2-322. The State Board of Education shall not initiate or cause to be initiated any program, program expansion, activity, or activity expansion related to or contemplated in this article which would result in additional expenditures by the state if such expenditures are not funded or otherwise contemplated by the General Assembly in an Appropriations Act in force or to be in force within one year."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Twiggs of the 4th moves to amend the House Committee on Education Substitute to SB 179 by adding immediately after the word "to" on line 26 of page 1 the following:
"and other changes in".
By striking the word "and" on line 7 of page 41 and inserting in its place the word
flulu .
By striking the period on line 11 of page 41 and inserting in its place the following: "- j and".
By inserting between lines 11 and 12 of page 41 the following:
"(4) If the state-wide total of the amounts calculated under paragraph (3) of this subsection for all local school systems in the state exceeds $385 million, then make a pro rata reduction in the amount so calculated for each local school system so that the

TUESDAY, MARCH 10, 1987

2257

state-wide total of the amounts so calculated for all local school systems jn the state is equal to $385 million."

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

N Aaron N Adams.G N Adams.M N Aiken
Alford
N Alien N Athon N Atkins N Bailey N Balkcom N Bannister N Bargeron Y Barnett.B N Barnett.M NBeck
Benefield YBenn N Birdsong
Bishop N Bostick N Branch
NBray N Brooks N Brown NBuck N Buford NByrd N Carrell Y Carter
Chambtess Y Chance N Cheeks N Childers N Childs N Clark,B N Clark.L

N Colbert Coleman
Y Colwell N Connell N Cooper Y Couch
NCox N Crawford
Y Crosby N Cummings
N Davis.G N Davis.M Y Dixon Y Dobbs
Dover N Dunn N Edwards N Felton N Floyd N Foster N Galer
Y Godbee N Goodwin N Green N Greene N Greer N Gresham
Griffin N Groover N Hamilton N Hanner N Harris Y Hasty
Hays N Heard N Hensley

N Herbert N Holcomb
N Holmes N Hooks N Hudson N Isakson
N Jackson,J N Jackson.W Y Jamieson N Johnson,D N Johnson.R N Kilgore N Kingston Y Lane.D N Lane.R N Langford N Lawler N Lawrence N Lawson NLee N Under NLong
Lord N Lucas
N Lupton N Mangum N Martin N McDonald N McKelvey N McKinney NMilara Y Milford N Mobley N Moody N Moore N Morton

Mostiler N Moultrie N Mueller
Y Oliver N Orrock
N Padgett N Pannell
Y Parham Y Parrish
Patten
Y Peters N Pettit
Phillips Pinkston Y Pittman N Porter Y Powell Y Prichard Y Rainey N Ramsey.T N Ramsey.V N Randall N Ransom
Ray N Reaves
N Redding N Richardson N Ricketson N Robinson.C N Robinson.P Y Royal N Selman N Shepard Y Sherrod N Simpson N Sinkfield

On the adoption of the amendment, the ayes were 27, nays 133. The amendment was lost.

N Sizemore N Smith,L N Smith,P N Smith.T
N Smith,W N Smyre N Snow N Stancil
Stanley N Steinberg N Stephens N Thomas.C N Thomas,M N Thompson N Thurmond N Townsend
N Triplett Y Twiggs N Waddle Y Waldrep N Walker.C N Walker.L Y Wall N Ware N Watson
Watts N White N Wilder
Williams,B Williams,.! Wilson
N Wood N Workman
N Yeargin N Young
Murphy.Spkr

The following amendment was read:
Representative Hasty of the 8th, et al, move to amend the Committee substitute to SB 179 as follows:
By striking the sentence on line 34, on page 67, beginning with the word "All" and lines 1 through 23 on page 68, ending with the word "extension".

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

N Aaron Y Adams.G
N Adams.M N Aiken
Alford N Alien N Athon N Atkins N Bailey N Balkcom

Y Bannister Y Bargeron
Y Barnett.B Y Barnett,M NBeck N Benefield YBenn Y Birdsong
N Bishop N Bostick

Y Branch
NBray Y Brooks N Brown NBuck
Y Buford YByrd Y Carrell N Carter N Chambless

Y Chance N Cheeks Y Childers
Y Childs N Clark.B N Clark,L
Y Colbert N Coleman Y Colwell N Connell

N Cooper Y Couch
YCox Y Crawford
N Crosby Y Cummings Y Davis.G N Davis,M N Dixon
N Dobbs

2258

JOURNAL OF THE HOUSE,

y Dover
Y Dunn Y Edwards Y Felton Y Floyd N Foster NGaler N Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover N Hamilton Y Hanner N Harris Y Hasty Y Hays
N Heard N Hensley Y Herbert Y Holcomb Y Holmes N Hooks

N Hudson
Y Isakson Y Jackson,J Y Jackson, W Y Jamieson N Johnson.D N Johnson,R N Kilgore N Kingston Y Lane.D N Lane,R Y Langford N Lawler Y Lawrence N Lawson N Lee Y Linder Y Long
Lord Y Lucas
Y Lupton N Mangum Y Martin N McDonald Y McKelvey N McKinney

Y Milam
Y Milford Y Mobley Y Moody N Moore Y Morton
Mostiler Y Moultrie N Mueller Y Oliver N Orrock N Padgett N Pannell Y Parham Y Parrish
Patten Y Peters
Pettit Phillips Pinkston
Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T

Y Ramsey.V
N Randall Y Ransom Y Ray N Reaves Y Redding Y Richardson Y Ricketson N Robinson.C N Robinson,P Y Royal N Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L Y Smith,P Y Smith.T
N Smith.W N Smyre Y Snow Y Stancil Y Stanley N Steinberg

On the adoption of the amendment, the ayes were 99, nays 70. The amendment was adopted.

Y Stephens
Y Thomas.C Y Thomas.M N Thompson N Thurmond Y Townsend N Triplett Y Twiggs Y Waddle Y Waldrep N Walker.C N Walker.L Y Wall Y Ware N Watson N Watts N White N Wilder
Williams.B Williams,J
Wilson Y Wood N Workman Y Yeargin Y Young
Murphy.Spkr

Representative Holmes of the 28th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following amendments were read and adopted:

Representatives Murphy of the 18th and Groover of the 99th move to amend the Committee substitute to SB 179 as follows:
By adding on line 7, page 115, after "Education" the following:
"Pursuant to and within the authority granted by the Constitution and this title".

Representative Groover of the 99th moves to amend the Committee substitute to SB 179 as follows:
By adding after "Education" on line 8, page 116, the following:
"Adopted or promulgated pursuant to and within the authority granted by the Con stitution and this title".

The following amendment was read:

Representatives Lucas of the 102nd and Thomas of the 69th move to amend the Committee substitute to SB 179 as follows:
By striking line 34, page 98, beginning with "However," and continuing to strike lines 1-8, page 99.

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

N Aaron N Adams.G
N Adams.M

N Aiken Alford
N Alien

N Athon N Atkins
N Bailey

N Balkcom Y Bannister
Bargeron

Y Barnett.B Y Barnett.M
N Beck

TUESDAY, MARCH 10, 1987

2259

N Benefield YBenn N Birdsong
N Bishop N Bostick N Branch NBray Y Brooks Y Brown NBuck
Buford NByrd N Carrell N Carter N Chambless N Chance N Cheeks N Childers N Childs Y Clark.B N Clark,L
N Colbert Y Coleman N Colwell N Connell
Y Cooper Y Couch NCox N Crawford N Crosby Y Cummings Y Davis,G N Davis.M

N Dixon N Dobbs N Dover N Dunn N Edwards
N Felton N Floyd N Foster N Galer N Godbee Y Goodwin N Green N Greene N Greer N Gresham N Griffin N Groover N Hamilton N Hanner N Harris Y Hasty NHays N Heard N Hensley Y Herbert Y Holcomb N Holmes N Hooks N Hudson N Isakson N Jackson,J Y Jackson.W N Jamieson

N Johnson.D
N Johnson.R N Kilgore N Kingston
N Lane.D N Lane.R N Langford N Lawler
N Lawrence N Lawson NLee N Linder NLong NLord
Y Lucas N Lupton N Mangum
N Martin N McDonald N McKelvey N McKinney NMilam Y Milford N Mobley
N Moody N Moore N Morton
Mostiler N Moultrie N Mueller N Oliver N Orrock N Padgett

N Pannell
N Parham N Parrish
Patten N Peters
N Pettit Phillips Pinkston
N Pittman N Porter N Powell
Y Prichard Y Rainey N Ramsey.T N Ramsey.V N Randall N Ransom
Ray N Reaves Y Redding N Richardson N Ricketson N Robinson.C N Robinson.P N Royal Y Selman
N Shepard N Sherrod Y Simpson
N Sinkfield Y Sizemore N Smith.L N Smith,P

On the adoption of the amendment the ayes were 34, nays 133. The amendment was lost.

Y Smith.T N Smith,W NSmyre N Snow N Stancil
Y Stanley N Steinberg Y Stephens Y Thomas.C Y Thomas.M N Thompson
Thurmond N Townsend N Triplett Y Twiggs N Waddle Y Waldrep Y Walker.C N Walker.L
NWall N Ware N Watson N Watts N White N Wilder
Williams,B Williams,J Wilson N Wood N Workman N Yeargin Y Young Murphy,Spkr

The following amendment was read:

Representative Herbert of the 76th moves to amend the Committee substitute to SB 179 as follows:
Amend on page 164, beginning on line 4, after the "20-2-213" add a "." and delete the words "and as one of the components in the comprehensive evaluation pursuant to Code Section 20-2-282".

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

Y Aaron Y Adams.G Y Adams.M Y Aiken
Alford N Alien N Athon N Atkins
N Bailey N Balkcom Y Bannister N Bargeron
Y Barnett,B Y Barnett,M
NBeck N Benefield YBenn Y Birdsong Y Bishop N Bostick N Branch

NBray Y Brooks Y Brown NBuck
Buford
NByrd N Carrell N Carter N Chambless Y Chance N Cheeks Y Childers Y Childs
Clark.B N Clark.L N Colbert N Coleman N Colwell Y Connell
N Cooper Y Couch

NCox N Crawford N Crosby
Y Cummings Y Davis,G
N Davis.M N Dixon Y Dobbs
Dover N Dunn Y Edwards N Felton N Floyd N Foster YGaler N Godbee Y Goodwin Y Green Y Greene
Greer N Gresham

N Griffin N Groover
Y Hamilton Y Manner
N Harris Y Hasty NHays Y Heard N Hensley Y Herbert Y Holcomb
N Holmes N Hooks N Hudson N Isakson N Jackson,J Y Jackson.W Y Jamieson Y Johnson,D N Johnson.R N Kilgore

Y Kingston Y Lane.D N Lane.R
N Langford Lawler
N Lawrence N Lawson
NLee N Under
NLong NLord Y Lucas N Lupton N Mangum Y Martin N McDonald Y McKelvey N McKinney NMilam Y Milford N Mobley

2260

JOURNAL OF THE HOUSE,

Y Moody N Moore N Morton
Mostiler Y Moultrie Y Mueller N Oliver Y Orrock N Padgett N Pannell
N Parharo N Parrish
Patten Y Peters Y Pettit

Phillips Pinkston N Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T N Ramsey.V Y Randall N Ransom Ray N Reaves N Redding Y Richardson

N Ricketaon Y Robinson.C N Robinson.P N Royal Y Selman Y Shepard N Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L Y Smith,P Y Smith.T Y Smith,W N Smyre

NSnow Y Stancil Y Stanley Y Steinberg Y Stephens N Thomas.C Y Thomas.M Y Thompson Y Thurmond N Townsend N Triplett N Twiggs N Waddle Y Waldrep
Walker.C

On the adoption of the amendment the ayes were 75, nays 89. The amendment was lost.

N Walker.L N Wall N Ware Y Watson Y Watts N White N Wilder
Williams,B Williams,J Wilson N Wood Y Workman N Yeargin Y Young Murphy ,Spkr

Representative Herbert of the 76th moved that the House reconsider its action in fail ing to adopt the Herbert amendment to SB 179.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams,G Y Adams.M
Y Aiken Alford
N Alien
N Athon N Atkins N Bailey N Balkcom Y Bannister N Bargeron Y Barnett,B Y Barnett.M NBeck N Benefield YBenn Y Birdsong Y Bishop N Bostick N Branch NBray Y Brooks
Y Brown NBuck
Buford NByrd
N Carrell
N Carter N Chambless Y Chance N Cheeks Y Childers Y Childs
Clark.B N Clark.L

N Colbert N Coleman N Colwell Y Connell N Cooper
Y Couch NCox N Crawford N Crosby Y Cummings Y Davis.G N Davis,M N Dixon NDobbs
Dover NDunn Y Edwards N Felton N Floyd N Foster Y Galer NGodbee Y Goodwin Y Green Y Greene N Greer Y Gresham Y Griffin N Groover Y Hamilton Y Manner N Harris Y Hasty YHays Y Heard N Hensley

Y Herbert Y Holcomb N Holmes Y Hooks N Hudson N Isakson
N Jackson,J Y Jackson.W Y Jamieson Y Johnson,D N Johnson.R N Kilgore Y Kingston
N Lane.D Y Lane.R N Langford N Lawler N Lawrence N Lawson NLee N Under N Long
Lord Y Lucas N Lupton N Mangum Y Martin N McDonald Y McKelvey N McKinney NMilam Y Milford N Mobley Y Moody N Moore N Morton

Mostiler
N Moultrie Y Mueller N Oliver
Y Orrock
N Padgett N Pannell N Parham N Parrish
Patten Y Peters N Pettit
Phillips Pinkston
Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T N Ramsey.V Y Randall N Ransom YRay N Reaves Y Redding Y Richardson
Y Ricketson Y Robinson.C N Robinson.P
N Royal Y Selman Y Shepard N Sherrod
Y Simpson Y Sinkfield

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

On the motion, the ayes were 84, nays 83. The motion prevailed.

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

Y Aaron Y Adams,G Y Adaras.M

Y Aiken Alford
N Alien

N Athon N Atkins
N Bailey

N Balkcom Y Bannister
N Bargeron

Y Barnett,B Y Barnett.M NBeck

TUESDAY, MARCH 10, 1987

2261

N Benefield YBenn Y Birdsong Y Bishop N Bostick N Branch NBray Y Brooks Y Brown NBuck Y Buford NByrd N Carrell N Carter N Chambless
Y Chance N Cheeks Y Childers
Y Childs Clark.B
N Clark.L N Colbert Y Coleman Y Colwell Y Connell N Cooper Y Couch NCox N Crawford
N Crosby Y Cummings
Y Davis.G N Davis.M

N Dixon
Y Dobbs Dover
N Dunn Y Edwards
Felton N Floyd
N Foster Y Galer
NGodbee Y Goodwin Y Green
Y Greene YGreer
Y Gresham Y Griffin N Groover Y Hamilton Y Manner
N Harris Y Hasty YHays
Y Heard N Hensley Y Herbert Y Holcomb N Holmes Y Hooks N Hudson N Isakson N Jackson,J N Jackson, W
Y Jamieson

Y Johnson,D N Johnson,R N Kilgore
Y Kingston YLane,D Y Lane.R YLangford N Lawler N Lawrence N Lawson NLee N Under NLong YLord Y Lucas
N Lupton N Mangum Y Martin N McDonald
Y McKelvey N McKinney NMilam Y Milford N Mobley Y Moody N Moore N Morion
Mostiler N Moultrie Y Mueller N Oliver Y Orrock Y Padgett

N Pannell N Parham
N Parrish Patten
Y Peters N Pettit
Phillips Pinks ton Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T
Ramsey.V YRandall N Ransom
Ray N Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C N Robinson,P N Royal Y Selman Y Shepard N Sherrod Y Simpson
Y Sinkfield Y Sizemore Y Smith,L
Y Smith,P

On the readoption of the amendment, the ayes were 90, nays 75. The amendment was adopted.

Y Smith.T Y Smith,W
NSmyre NSnow N Stancil
Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
N Townsend N Triplett
Twiggs N Waddle Y Waldrep Y Walker.C N Walker,L YWall NWare Y Watson Y Watts Y White N Wilder
Williams.B Williams,J Wilson N Wood Y Workman N Yeargin Y Young Murphy,Spkr

The following amendment was read and adopted:

Representative Davis of the 45th moves to amend the Committee substitute to SB 179 as follows:
On page 95, line 14, strike "exempted" and insert the word "exempt".

The following amendment was read and withdrawn:

Representative Benn of the 38th moves to amend the Committee substitute to SB 179 as follows:
By striking the words "State Board" on lines 3 and 8, on page 68, and inserting in lieu thereof the following: "State Superintendent of Schools".

The following amendment was read:

Representatives Colwell of the 4th, Hays of the 1st and Twiggs of the 4th move to amend the Committee substitute to SB 179 as follows:
By reinserting the language shown as deleted from line 24, page 68 through line 7, page 69.

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

N Aaron Y Adams.G N Adams.M

N Aiken Alford
Y Alien

N Athon
N Atkins N Bailey

N Balkcom Y Bannister
Y Bargeron

Y Barnett.B
Y Barnett.M YBeck

2262

JOURNAL OF THE HOUSE,

N Benefield NBenn Y Birdsong N Bishop
Bostick Y Branch NBray Y Brooks N Brown NBuck Y Buford NByrd N Carrell N Carter N Chambless Y Chance N Cheeks N Childers Y Childs N Clark.B
Clark,L N Colbert Y Coleman Y Colwell
Y Connell N Cooper Y Couch
YCol N Crawford N Crosby Y Cummings Y Davis.G N Davis.M

N Dixon Y Dobbs Y Dover N Dunn Y Edwards
N Felton N Floyd
N Foster N Galer
N Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover N Hamilton Y Manner Y Harris Y Hasty YHays N Heard
N Hensley Y Herbert Y Holcomb
N Holmes N Hooks N Hudson N Isakson Y Jackson,J Y Jackson.W Y Jamieson

Y Johnson.D N Johnson.R N Kilgore N Kingston Y Lane,D N Lane,R Y Langford N Lawler N Lawrence
Lawson NLee Y Under
YLong Lord
Y Lucas Y Lupton N Mangum N Martin N McDonald Y McKelvey Y McKinney Y Milam
Y Milford N Mobley Y Moody N Moore N Morion
Mostiler Y Moultrie N Mueller Y Oliver N Orrock Y Padgett

N Pannell Y Parham Y Parrish
Patten Y Peters N Pettit
Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Ramsey.V N Randall Y Ransom Ray N Reaves N Redding N Richardson Y Ricketson
Robinson.C N Robinson,? Y Royal N Selman Y Shepard Y Sherrod Y Simpson N Sinkfield N Sizemore Y Smith.L Y Smith.P

On the adoption of the amendment the ayes were 85, nays 78. The amendment was adopted.

Y Smith.T N Smith.W NSmyre YSnow
Y Stancil
Y Stanley N Steinberg Y Stephens Y Thomas.C Y Thomas.M N Thompson N Thurmond Y Townsend Y Triplet! Y Twiggs N Waddle Y Waldrep N Walker.C N Walker,L
Y Wall YWare N Watson
N Watts N White N Wilder
Williams.B Williams,J Wilson YWood N Workman Yeargin N Young
Murphy.Spkr

The following amendment was read:
Representative Couch of the 40th moves to amend the Committee substitute to SB 179 as follows:
Page 80, line 17, strike the word "retirement," and add "retirement"; Page 80, delete line 18 in its entirety; Page 80, strike all matter beginning with the word "The" on line 30 and ending with the word and period "Georgia.", on line 3, page 81.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Aaron
Y Adams.G N Adams.M
N Aiken Alford
Y Alien
N Athon N Atkins N Bailey N Balkcom Y Bannister N Bargeron N Bamett,B Y Harriett,M NBeck N Benefield YBenn N Birdsong

N Bishop Bostick
N Branch NBray Y Brooks N Brown
NBuck N Buford NByrd N Carrell N Carter N Chambless N Chance N Cheeks N Childers Y Childs N Clark.B N Clark.L

Y Colbert N Coleman N Colwell
N Connell N Cooper Y Couch
Cox
N Crawford N Crosby N Cummings Y Davis,G N Davis.M N Dixon N Dobbs N Dover N Dunn N Edwards Y Felton

N Floyd
N Foster N Galer N Godbee Y Goodwin
N Green Y Greene Y Greer N Gresham N Griffin N Groover N Hamilton N Manner N Harris
N Hasty NHays Y Heard N Hensley

Y Herbert N Holcomb Y Holmes
N Hooks N Hudson N Isakson N Jackson,J N Jackson.W N Jamieson N Johnson,D
N Johnson,R N Kilgore N Kingston
Y Lane.D N Lane.R N Langford N Lawler N Lawrence

TUESDAY, MARCH 10, 1987

2263

N Lawson NLee N Linder N Long NLord Y Lucas Y Lupton N Mangum Y Martin N McDonald N McKelvey Y McKinney N Milam Y Milford N Mobley N Moody N Moore N Morton

Mostiler N Moultrie Y Mueller N Oliver Y Orrock N Padgett N Pannell N Parham N Parrish
Patten N Peters N Pettit
Phillips
Pinkston N Pittman N Porter N Powell N Prichard

N Rainey N Ramsey.T Y Ramsey.V Y Randall N Ransom
Ray N Reaves N Redding N Richardson N Ricketson N Robinson.C N Robinson,P N Royal Y Selman N Shepard N Sherrod N Simpson Y Sinkfield

N Sizemore N Smith.L N Smith,? N Smith.T Y Smith.W N Smyre NSnow N Stancil Y Stanley N Steinberg N Stephens N Thomas.C Y Thomas.M N Thompson Y Thurmond
Y Townsend N Triplett Y Twiggs

On the adoption of the amendment the ayes were 37, nays 131. The amendment was lost.

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

Representative Lawler of the 20th moved that the House reconsider its action in fail ing to adopt the Colwell amendment to SB 179.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
N Adams.G Y Adams,M Y Aiken
Alford N Alien Y Athon Y Atkins Y Bailey Y Balkcom N Bannister N Bargeron N Barnett.B N Barnett,M NBeck
Benefield N Benn
Birdsong Y Bishop N Bostick N Branch YBray N Brooks N Brown YBuck
Buford YByrd
N Carrell Y Carter Y Chambless
N Chance N Cheeks Y Childers N Childs Y Clark.B Y Clark,L

Y Colbert
N Coleman N Colwell N Connell Y Cooper N Couch
Cox Y Crawford Y Crosby Y Cummings N Davis.G Y Davis.M Y Dixon N Dobbs N Dover Y Dunn
Y Edwards Y Felton Y Floyd Y Foster Y Galer
Y Godbee N Goodwin N Green
N Greene N Greer
N Gresham N Griffin N Groover Y Hamilton N Manner Y Harris N Hasty NHays Y Heard Y Hensley

Y Herbert N Holcomb
Y Holmes Y Hooks Y Hudson Y Isakson N Jackson,J N Jackson, W N Jamieson Y Johnson.D Y JohnsontR Y Kilgore Y Kingston N Lane.D Y Lane,R N Langford Y Lawler N Lawrence
Lawson
YLee N Linder NLong
Lord N Lucas Y Lupton Y Mangum
Y Martin Y McDonald Y McKelvey
McKinney
Milam N Milford N Mobley N Moody Y Moore Y Morton

On the motion, the ayes were 81, nays 77. The motion prevailed.

Mostiler Y Moultrie Y Mueller N Oliver
Y Orrock N Padgett N Pannell N Parham N Parrish
Patten N Peters N Pettit
Phillips Pinkston N Pittman Porter N Powell N Prichard
N Rainey N Ramsey.T
Y Ramsey.V Y Randall N Ransom
Ray Y Reaves Y Redding Y Richardson Y Ricketson N Robinson.C Y Robinson.P N Royal Y Selman Y Shepard N Sherrod N Simpson Y Sinkfield

Y Sizemore N Smith.L
N Smith.P N Smith.T Y Smith.W Y Smyre
N Snow Y Stancil N Stanley Y Steinberg N Stephens N Thomas.C Y Thomas,M
Thompson N Thurmond Y Townsend N Triplett N Twiggs Y Waddle N Waldrep N Walker.C Y Walker,L NWall
Ware Y Watson Y Watts Y White Y Wilder
Williams.B Williams,,)
Wilson N Wood Y Workman
Yeargin
Y Young Murphy,Spkr

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

2264

JOURNAL OF THE HOUSE,

N Aaron Y Adams.G N Adams.M N Aiken
Alford Y Alien N Athon N Atkins N Bailey N Balkcom Y Bannister
Bargeron Y Barnett.B Y Barnett.M NBeck N Benefield NBenn Y Birdsong N Bishop
N Bostick Y Branch NBray Y Brooks N Brown NBuck Y Buford NByrd N Carrell N Carter N Chambless Y Chance N Cheeks N Childers Y Childs N Clark.B N Clark,L

N Colbert Coleman
Y Colwell Y Connell N Cooper
Y Couch Cox
N Crawford
N Crosby Y Cummings N Davia.G N Davis.M N Dixon Y Dobbs Y Dover N Dunn Y Edwards N Felton N Floyd N Foster
N Galer N Godbee Y Goodwin Y Green Y Greene YGreer N Gresham Y Griffin Y Groover N Hamilton Y Hanner N Harris Y Hasty YHays N Heard N Hensley

Y Herbert Y Holcomb N Holmes N Hooks N Hudson
N Isakson Y Jackson ,J Y Jackson.W Y Jamieson Y Johnson.D N Johnson.R N Kilgore Y Kingston Y Lane.D YLane.R Y Langford N Lawler N Lawrence N Lawson
NLee Y Linder YLong YLord Y Lucas N Lupton N Mangum N Martin N McDonald N McKelvey Y McKinney N Milam Y Milford N Mobley Y Moody N Moore N Morton

Mostiler
N Moultrie N Mueller
Y Oliver N Orrock N Padgett N Pannell Y Parham Y Parrish
Patten Y Peters N Pettit
Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T N Ramsey.V N Randall N Ransom
Ray N Reaves N Redding N Richardson
Y Ricketson N Robinson.C N Robinson,P
Y Royal N Selman Y Shepard Y Sherrod Y Simpson N Sinkfield

On the readoption of the amendment, the ayes were 72, nays 94. The amendment was lost.

N Sizemore Y Smith.L Y Smith.P Y Smith.T N Smith,W NSmyre YSnow N Stancil Y Stanley N Steinberg Y Stephens N Thomas.C N Thomas,M
Thompson N Thurmond N Townsend Y Triplett YTwiggs N Waddle Y Waldrep N Walker.C N Walker,L Y Wall Y Ware N Watson N Watts N White N Wilder
Williams.B Williams.J Wilson Y Wood N Workman Y Yeargin N Young Murphy.Spkr

The Committee substitute, as amended, was adopted.

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

Y Aaron Y Adams.G Y Adams.M Y Aiken
Alford Y Alien
Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks Y Brown

YBuck Y Buford
YByrd Y Carrell
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 Couch YCox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M

Y Dixon Y Dobbs Y Dover
YDunn Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Green Y Greene YGreer Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert
Y Holcomb Y Holmes Y Hooks
Y Hudson Y Isakson Y Jackson.J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston
Y Lane,D Y Lane,R Y Langford
Y Lawler Y Lawrence
Y Lawson YLee N Linder
YLong YLord Y Lucas

Y Lupton Y Mangum
Y Martin Y McDonald Y McKelvey Y McKinney
Milam Y Milford
Y Mobley Y Moody Y Moore Y Morton
Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock N Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit

TUESDAY, MARCH 10, 1987

2265

Phillips Pinkston YPittman
Y Porter YPowell Y Prichard YRainey YRamsey.T YRamsey.V YRandall
Y Ransom YRay

Y Reaves Y Redding Y Richardson
Y Ricketson YRobinson,C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod
Y Simpson Y Sinkfield

Y Sizemore Y Smith,L Y Smith,?
Y Smith.T Y Smith,W Y Smyre Y Snow Y Stancil Y Stanley Y Steinberg
Y Stephens Y Thomas.C

Y Thomas.M Y Thompson Y Thurmond
Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L
Y Wall Y Ware

Y Watson Y Watts Y White
Y Wilder Wi haros,B Williams,J Wilson
Y Wood Y Workman Y Yeargm
Y Young Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 167, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Due to mechanical malfunction, the vote of Representative Padgett of the 86th, was recorded as "nay" on the preceding roll call. He wished to be recorded as voting "aye"
thereon.

Representative Alford of the 57th 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 Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 289. By Representative Pettit of the 19th:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Anno tated, relating to the jurisdiction of municipal courts, so as to authorize the municipal courts to try and dispose of a first offense violation of Code Section 3-3-21, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age.

Representative Pettit of the 19th moved that the House insist on its position in disagreeing to the Senate substitute to HB 289 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 Simpson of the 70th, Waldrep of the 80th and Pettit of the 19th.

HB 290. By Representative Pettit of the 19th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings generally, so as to grant exclusive original jurisdiction in the juvenile court 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.

Representative Pettit of the 19th moved that the House insist on its position in disagreeing to the Senate substitute to HB 290 and that a Committee of Conference be

2266

JOURNAL OF THE HOUSE,

appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Robinson of the 96th, Waldrep of the 80th and Pettit of the 19th.

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

HB 949. By Representatives Aiken of the 21st and Hasty of the 8th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to certain provisions of local government law applicable to counties and municipal corporations, so as to change certain provisions relat ing to required permits for disturbing burial places in the course of land development.

The following Senate amendments were read:

Senate Amendment No. 1
Amend HB 949 as follows:
By inserting on line 22 of page 1 after the word "located" and before the period the words "or from the superior court of jurisdiction".

Senate Amendment No. 2
Amend HB 949 by adding in the title on line 6 of page 1, following the word and symbol "development;" and before the word "to", the following:
"to amend Chapter 63 of Title 36 of the Official Code of Georgia Annotated, known as the 'Resource Recovery Development Authorities Law,' so as to provide that the sale or disposition of any useful form of energy produced by a project shall not be subject to the provisions of 'The Georgia Cogeneration Act of 1979'; to provide an effective date;".
By renumbering Section 2 on page 2 as Section 4 and inserting new Sections 2 and 3.

Representative Aiken of the 21st moved that the House disagree to the Senate amend ments to HB 949.
The motion prevailed.

HB 557. By Representatives Wood of the 9th and Watson of the 114th:
A bill to amend Code Section 34-9-151 of the Official Code of Georgia Anno tated, relating to definitions of terms regarding group self-insurance funds for workers' compensation benefits, so as to allow the employees of a trade or professional association to be covered under a group self-insurance fund established by the members of such association.

The following Senate substitute was read:

TUESDAY, MARCH 10, 1987

2267

A BILL
To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to exclude from the definition of the term "employee" cer tain independent contractors; to thereby provide for the inapplicability of the workers' compensation law to such independent contractors; to allow the employees of a trade or professional association to be covered under a group self-insurance fund established by the members of such association; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking paragraph (2) of Code Section 34-9-1, relating to definitions concerning workers' compensation, and inserting in its place a new paragraph (2) to read as follows:
"(2) 'Employee' means every person in the service of another under any contract of hire or apprenticeship, written or implied, except a person whose employment is not in the usual course of the trade, business, occupation, or profession of the employer; and, except as hereinafter provided, minors are included even though working in violation of any child labor law or other similar statute; provided, however, that nothing contained in this chapter shall be construed as repealing or altering any such law or statute. Any reference to any employee who has been injured shall, if the employee dies, include his legal representatives, dependents, and other persons to whom compensation may be pay able pursuant to this chapter. All firemen and policemen whose compensation is paid by the state or any county or municipality, regardless of the method of appointment, and all full-time county employees and employees of elected salaried county officials are specifically included in this definition. There shall also be included within such term any volunteer firefighter of any county or municipality of this state, but only for volunteer fire-fighting services rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall pro vide by appropriate resolution for inclusion of such volunteer firefighters. There shall also be included within such term any volunteer law enforcement personnel of any county or municipality of this state who are certified by the Georgia Peace Officer Stan dards and Training Council, but only for volunteer law enforcement services rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer law enforcement personnel. The various elected county officers of an individual county shall also be included in this definition, if the governing authority of said county shall provide therefor by appropriate resolution. For the pur poses of workers' compensation coverage, employees of county and district health agen cies established under Chapter 3 of Title 31 are deemed and shall be considered employees of the State of Georgia. For the purpose of workers' compensation coverage, members of the Georgia National Guard serving on state active duty pursuant to an order by the Governor are deemed and shall be considered to be employees of this state. A person shall be an independent contractor and not an employee ift
(A) Such person enters into a written contract with the employer identifying such person as an independent contractor;
(B) Such person performs a substantial part of his work off the premises of the employer; and
(C) Such person provides a service or generates income through buying a product and reselling it Notwithstanding the foregoing provisions of this paragraph, any officer of a corpora tion may elect to be exempt from coverage under this chapter by filing written certifi cation of such election with the State Board of Workers' Compensation as provided in Code Section 34-9-2.1 of this article."
Section 2. Said chapter is further amended by striking paragraph (10) of Code Section 34-9-151, relating to definitions of terms regarding group self-insurance funds for workers' compensation, and inserting in its place a new paragraph (10) to read as follows:

2268

JOURNAL OF THE HOUSE,

"(10) 'Member' means an employer who is a member of a fund established by a trade association or professional association or by a group of municipalities, counties, school boards, or hospital authorities in accordance with this article. 'Member' also means a trade association or professional association which elects to cover its own employees under a fund established by its members."
Section 3. 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 557.
The motion prevailed.

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

SB 209. By Senators Perry of the 7th, Ray of the 19th and Turner of the 8th:
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 five grams or more of pure cocaine, commonly known as "crack," shall consti tute a crime; to provide for penalties.

Representative Coleman of the 118th moved that the House insist on its position in amending SB 209.
The motion prevailed.

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 107. By Representative Richardson of the 52nd:
A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Anno tated, relating to consent for surgical or medical treatments, so as to provide for consent to the drawing and testing of fluid samples and the consequences thereof; to provide for the disclosure of information obtained as a result of consented to health care treatment, care, testing, or examination.

HB 170. By Representatives Cox of the 141st, Long of the 142nd, Reaves of the 147th, Patten of the 149th, Bostick of the 138th and others:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weights of vehicles and loads, so as to change certain length limitations for vehicles; to change certain length limitations for vehicles operating with special permits.

HB 652. By Representatives Triplett of the 128th and Murphy of the 18th:
A bill to amend Code Section 40-6-181 of the Official Code of Georgia Anno tated, relating to maximum motor vehicle speed limits, so as to authorize the

TUESDAY, MARCH 10, 1987

2269

commissioner of transportation, in conformity with federal law, to increase certain maximum speed limits.

The Senate insists on its amendments to the following Bill of the House:

HB 387. By Representatives Murphy of the 18th, McDonald of the 12th, Connell of the 87th, Thomas of the 69th, Walker of the 115th and others:
A bill to amend Code Section 28-4-2 of the Official Code of Georgia Anno tated, relating to the general powers and duties of the Legislative Services Committee, so as to change the provisions relating to audits.

The Senate insists on its substitute to the following Resolution of the House:

HR 176. By Representatives Byrd of the 153rd, Moody of the 153rd, Smith of the 152nd, Dixon of the 151st and Smith of the 156th:
A resolution creating the Brunswick Judicial Circuit Study Committee.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 269. By Representative Wilder of the 21st:
A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Anno tated, relating to cosmetologists, so as to authorize the performance of cos metology services in locations other than a licensed beauty shop or salon in certain cases where clients are unable to go to such shop or salon for reasons of ill health, infirmity, or other physical disability.

The President has appointed on the part of the Senate the following: Senators Kidd of the 25th, Hudgins of the 15th and Barker of the 18th.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Resolution of the House:

HR 109. By Representatives Redding of the 50th, Robinson of the 58th, Richardson of the 52nd, Steinberg of the 46th, Williams of the 54th and others:
A resolution creating the DeKalb County Government Study Commission.

The President has appointed on the part of the Senate the following: Senators Walker of the 43rd, Stumbaugh of the 55th and Kidd of the 25th.

The Senate adheres to its amendment 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 159. By Senators Scott of the 2nd, Albert of the 23rd and Langford of the 35th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish the State Children's Trust Fund and the State Children's Trust Fund Commission; to provide a short title; to

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define certain terms; to provide for the membership of the State Children's Trust Fund Commission and its powers and compensation.

The President has appointed on the part of the Senate the following: Senators Scott of the 2nd, Barker of the 18th and Albert of the 23rd.

The Senate has agreed to the House substitute as amended by the Senate, to the following Bill of the Senate:

SB 113. By Senator Deal of the 49th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to torts in general, so as to provide a qualified immunity from civil liability for persons serving as directors, officers, and trustees of certain nonprofit organizations.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 10. By Representatives Lucas of the 102nd, Coleman of the 118th, Hanner of the 131st and Ramsey of the 3rd:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification for law enforcement officers, firemen, and prison guards who are killed or permanently disabled in the line of duty, so as to provide the same indemnification with respect to publicly employed emergency medical technicians who are killed or permanently dis abled in the line of duty after a certain date.

The President has appointed on the part of the Senate the following: Senators Turner of the 8th, Bowen of the 13th and McKenzie of the 14th.

The Senate has agreed to the House amendment as amended by the Senate, to the following Bill of the Senate;

SB 282. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Chapter 1 of Title 44 of the Official Code of Georgia Anno tated, relating to general provisions affecting property, so as to change popu lation provisions concerning restrictions upon certain municipalities in the removal of improperly parked vehicles; to provide an effective date.

The following Bills of the Senate were taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 159. By Senators Scott of the 2nd, Albert of the 23rd and Langford of the 35th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish the State Children's Trust Fund and the State Children's Trust Fund Commission; to provide a short title; to define certain terms; to provide for the membership of the State Children's Trust Fund Commission and its powers and compensation.

TUESDAY, MARCH 10, 1987

2271

Representative Thompson of the 20th moved that the House adhere to its position in substituting SB 159 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 Pannell of the 122nd, Bostick of the 138th and Thompson of the 20th.

SB 96. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-12 of the Official Code of Georgia Anno tated, relating to licensing and inspection of private and public child welfare agencies and facilities, so as to prohibit the Department of Human Resources from regulating the curriculum taught in group day-care homes or day-care centers; to require persons who operate group day-care homes and day-care centers to post telephone numbers of the nearest or applicable providers of emergency medical, fire, or police services.

Representative Herbert of the 76th moved that the House adhere to its position in substituting SB 96 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 Herbert of the 76th, Kilgore of the 42nd and Crosby of the 150th.

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 132. By Senator Dawkins of the 45th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to provide for termination of dependency of a partial dependent; to change the time limits within which an appeal may be taken to the board and within which an appeal may be taken to the superior court of a final award of the board.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for termination of dependency of a partial dependent; to change the time limits within which an appeal may be taken to the board and within which an appeal may be taken to the superior court of a final award of the board; to require certain insurers to maintain an office and agents in this state for the pur pose of handling claims and executing instruments for the payment of compensation; to limit the pecuniary liability of employers for certain treatment to such charges as prevail in the state; to require the payment of income benefits to residents of this state to be made in cash or by negotiable instrument drawn on a depository in this state; to provide

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for an exception; to provide that certain applicants must meet certain permitting require ments; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking in its entirety subsection (e) of Code Section 34-9-13, relating to the termination of dependency to whole and partial depend ents, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) For the purpose of this chapter, the dependency of a spouse upon a deceased employee shall terminate with remarriage or cohabitation in a meretricious relationship; and for this purpose cohabitation in a meretricious relationship shall be a relationship in which persons of the opposite sex live together continuously and openly in a relation ship similar or akin to marriage, which relationship includes either sexual intercourse or the sharing of living expenses. The dependency of a child, except a child physically or mentally incapable of earning a livelihood, shall terminate with the attainment of 18 years of age, except as provided in paragraph (2) of subsection (b) of this Code section. The dependency of a spouse and of a partial dependent shall terminate at age 65 or after payment of 400 weeks of benefits, whichever is greater."
Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 34-9-103, relating to an application for review made to the board, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) If an application for review is made to the board within 36 20 days of notice of the award, all of the members shall review the evidence or, if deemed advisable, shall hear the parties at issue and their representatives and witnesses as soon as practicable and shall then make and file an award in the manner specified in Code Section 34-9-102, together with their ruling of law in the case. A copy of the award so made on review shall immediately be sent to the parties at dispute. All of the members may remand to a single member or deputy director any case before them for the purpose of reconsidera tion and correction of apparent errors and omissions and issuance of a new award, with or without the taking of additional evidence, or for the purpose of taking additional evi dence for consideration by the full board in rendering any decision or award in the case."
Section 3. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 34-9-105, relating to procedures for appeal to superior court from board decisions, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Either party to the dispute may, within 30 20 days from the date of any such final award or within 39 20 days from the date of any other final order or judgment of the members of the board or deputy directors, but not thereafter, appeal from the deci sion in such final award or from any other final decision of the board to the superior court of the county in which the injury occurred or, if the injury occurred without the state, to the superior court of the county in which the original hearing was had, in the manner hereafter outlined, and upon the following grounds: the party conceiving himself to be aggrieved may file an application in writing with the board asking for an appeal from any such order or decree, stating generally the grounds upon which such appeal is sought. In the event such appeal is filed, the board shall, within 30 days from the filing of the appeal, cause certified copies of all documents and papers then on file on the matter and a transcript of all testimony taken therein to be transmitted with its findings and order or decree to the clerk of the superior court to which the case is appealable, as provided in this subsection. The cause so appealed may then be brought by either party upon ten days' written notice to the other, before the superior court for a hearing upon such record, subject, however, to an assignment of the case for hearing by the court."
Section 4. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 34-9-131, relating to application for permit and hearing thereon by board, and inserting in lieu thereof a new subsection (b) to read as follows:

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2273

"(b) The application for such permit shall set forth such facts as the board may, by regulation, require. The board is authorized to prescribe the form of the permit and to provide by regulation for a hearing upon such application. Upon the filing of such appli cation, the board shall have such hearing thereon as may be provided for by regulation and shall grant a permit if, in its discretion, the applicant is qualified, financially and otherwise, to carry on such insurance business. Upon obtaining said permit, the insurer shall designate and maintain an office in the State of Georgia for the handling of claims or shall designate an agent located in the State of Georgia who shall be authorized to execute instruments for the payment of compensation."
Section 5. Said chapter is further amended by striking in its entirety Code Section 34-9-203, relating to employer's pecuniary liability for medical attention, and inserting in lieu thereof a new Code Section 34-9-203 to read as follows:
"34-9-203. The pecuniary liability of the employer for medical, surgical, hospital service, or other treatment required, when ordered by the board, shall be limited to such charges as prevail in the same community State of Georgia for similar treatment of injured persons of a like standard of living when such treatment is paid for by the injured persons; and the employer shall not be liable in damages for malpractice by a physician or surgeon furnished by him pursuant to this chapter, but the consequences of any malpractice shall be deemed part of the injury resulting from the accident and shall be compensated for as such."
Section 6. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 34-9-221, relating to the timing of payment of income benefits, and insert ing in lieu thereof a new subsection (a) to read as follows:
"(a) Income benefits shall be paid periodically, promptly, and directly to the person entitled thereto, without an award, except where liability is controverted by the employer. Where the claimant's address of record is in Georgia, payment shall be made in cash or negotiable instrument drawn on a Georgia depository, except where an appli cation for exception is made to the State Board of Workers' Compensation and the applicant demonstrates that reasonable methods of payment exist that will assure the timely receipt of payment of compensation benefits to the claimant. All applicants must meet the permitting requirements of subsection (b) of Code Section 34-9-131 or subsec tion (b) of Code Section 34-9-127."
Section 7. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister
Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefleld YBenn Y Birdsong Y Bishop Y Bostick

Y Branch YBray
Brooks Y Brown
YBuck Y Buford
Byrd Y Carrell Y Carter Y Chamblesi Y Chance
Cheeks Y Childers Y Childs
Clark.B Y Clark,L Y Colbert Y Coleman Y Colwell Y Connell

Y Cooper Couch
YCox Y Crawford
Crosby Y Cummings Y Davis.G
Y Davis,M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer
Y Godbee Y Goodwin Y Green

Y Greene Y Greer
Y Gresham Y Griffin Y Groover Y Hamilton
Y Hanner Y Harris Y Hasty YHays Y Heard Y Hensley Y Herbert
Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson
Jackson ,J Y Jackson,W

Y Jamieson Y Johnson.D Y Johnson,R Y Kilgore
Y Kingston Y Lane.D
Lane.R Y Langford
Lawler Y Lawrence
Lawson
YLee Linder
YLong Lord
Y Lucas Y Lupton
Mangum Y Martin Y McDonald

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JOURNAL OF THE HOUSE,

Y McKelvey McKinney
Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton
Mostiler Y Moultrie Y Mueller Y Oliver YOrrock Y Padgett Y Pannell YParham

Y Parrish Patten
Y Peters Y Pettit
Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom Ray

Y Reaves Redding
Y Richardson
Y Ricketson Robinson.C
Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod
Simpson Sinkfield Sizemore Y Smith.L Y Smith.P Y Smith,T

Smith,W
YSmyre YSnow Y Stancil Y Stanley
Stein berg Y Stephens Y Thomas.C
Thomas,M Y Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep

Y Walker.C Y Walker.L Y Wall YWare
Y Watson Y Watts
White Y Wilder
Williams.B Williams,,! Wilson YWood
Y Workman Y Yeargin
Young Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 133. By Senator Dawkins of the 45th:
A bill to amend Article 8 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation for occupational diseases, so as to change the definition of occupational disease; to change the conditions under which death or disability from an occupational disease are compensable; to delete the provision relative to aggravation of an occupa tional disease.

The following Committee substitute was read and adopted:

A BILL
To amend Article 8 of Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation for occupational diseases, so as to change the definition of occupational disease; to change the conditions under which death or disable ment from an occupational disease are compensable; to provide the time limit for filing a claim for disablement from an occupational disease; to provide for determination of the amount of compensation; to delete the provision relative to aggravation of an occupational disease; to provide for the payment of compensation to certain relatives of a deceased employee; to delete the provision relating to exposure occurring prior to April 30, 1946; to change the provision relating to the exclusive liability of employers, in keeping with other amendments; to delete provisions establishing a medical review board and proceed ings before such board; to provide for independent medical examinations and reports when medical questions are in controversy; to provide for autopsies to be ordered and performed in certain circumstances; to delete certain provisions relative to asbestosis and silicosis; 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. Article 8 of Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation for occupational diseases, is amended by striking in its entirety Code Section 34-9-280, relating to the definitions of occupational diseases, and inserting in lieu thereof a new Code Section 34-9-280 to read as follows:
"34-9-280. As used in this article, the term: 4$)--'Aabeatoais* means a disease ef-the tangs which 4s caused by breathing asbestos
ekst and which is characterized anatomically by generalized fibrotic changes m the kmg9 as demonstrated by X-ray examination er by autopsy.
{3} (1) 'Disablement' means the event of an employee becoming actually incapaci tated disabled to work, as provided in Code Sections 34-9-261, 34-9-262, and 34-9-263,

TUESDAY, MARCH 10, 1987

2275

because of occupational disease, from performing his work in the last occupation in which he was injurioualy exposed te the hazards of sweh disease of from- performing any work in any ether occupation for remuneration? Remuneration for work performed Ht ftny OWICF occupation> ft8 ACFGIII used? 911fill meflu rciuunefftt/ion wjiicft CQU&IS of exceeds 33 Vi percent ef the average weekly wages ef the employee at the time ef test
iiwiijiiuiinriuruuiaa cfnjmij^r>trnantrifr>t, tnroa Hucf>iicrirr*uritiiinioc/u4 iuiniitu^ncrr C*_*<./\mAit*c Qounru-Ji"/iiri>/ri>i oOj^< uflTMOffi?oAu, X,.T--T t(pPQiA\jf \AjAu prweMr* --W--C.--C.1K- ,
whichever is lessr 'Disability' means the state of heing se totally incapacitated. {3} (2) 'Occupational disease' means those diseases which arise out of and in the
course of listed in this paragraph, but only if any such listed disease is de te causes and conditions which are characteristic ef and peculiar te the particular trade, occupa tion, process, or employment in which the employee is exposed to such diseasej (excluding aH ordinary diseases ef- life te which the general pttbhc is exposed):
{A)--Poisoning by: 4>----Arsenic; Beneel (benzene); (iii) Cadmium; (iv) Carbon disulfide; Carbon monoxide; Chlorine; (vii) Chromium; (viii)--Cutting compounds; {i*)--Halogcnatcd hydrocarbons; {*)----Hydrochloric acid; {*)--Hydrocyanic acid; (xii) Hydrofluoric acid; (xiii)--Hydrogen sulfide; (xiv) Lead; {*v)--Manganese; (xvi) Mercury; (xvii) Mcthanol (weed alcohol); (xviii)--Nitric acid; (xix) Nitrous femes (oxides ef- nitrogen); {**)--8lfer dioxide; (xxi) Sulfuric acid; and (xxii)--Zinc; )--Diseased condition eattsed by exposure to X-rays er radioactive substances; Asbcstosis;
(D) Silicpsis; {E)--Byssinosis; and {F)--Other occupational diseases, provided the employee or the employee's dependents first prove to the satisfaction of the State Board of Workers' Compensation {er the medical beardr if the matter in controversy is referred te it ander Code Section 34-0-311) all of the following: {i} (A) A direct causal connection between the conditions under which the work is performed and the disease;
{} (B) That the disease followed as a natural incident of exposure by reason of the employment;
{iii) (C) That the disease is not of a character to which the employee may have had substantial exposure outside of the employment;
{iv) (D) That the disease is not an ordinary disease of life to which the general public is exposed;
{v) (E) That the disease must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a natural consequence.
For the purposes of this subparagraph paragraph, partial loss of hearing due to noise shall not be considered an occupational disease. Psychiatric and psychological problems and heart and vascular diseases shall not be considered occupational diseases, except where they arise from a separate occupational disease.

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H)--'Silieosis' means a disease of the ttmgs which is caused by breathing silica dast (.silicon dioxide/ and which produces tiorous nodules distri outed through trie hings ft& demonstrated by X-ray examination er by autopsy.
(6)--'Byssinosis' means a pulmonary disease due te exposure te cotton dast for a period of seven years or longer and diagnosed as such Dy ft doctor certitled as a pulmonary specialist by the American Beard of Internal Medicine."
Section 2. Said article is further amended by striking Code Section 34-9-281, relating to circumstances in which death or disablement resulting from occupational disease are compensable, in its entirety and inserting in lieu thereof a new Code Section 34-9-281 to read as follows:
"34-9-281. (a) Where the employer and employee are subject to this chapter, the disablement or death of an employee resulting from an occupational disease shall be treated as the occurrence of an injury by accident; and the employee or, in the case of his or her death, his the employee's dependents shall be entitled to compensation as provided by this chapter. The practice and procedure prescribed in this chapter shall apply to all the proceedings under this article except as otherwise provided.
(b) Except as otherwise provided in this Code section, an employer shall be liable for compensation under this article only where:
{1}--Death er disablement results from a disease specified in Code Section 04-0-280; {3)--Saeh (1) The disease arose out of and in the course of the employment in which the employee was engaged under such employer, was contracted while the employee was so engaged, and has resulted from a hazard characteristic of the employ ment in excess of the hazards of such disease attending employment in general; (2) The claim for disablement is filed within one year after the date the employee knew or, in the exercise of reasonable diligence, should have known of the disablement and its relationship to the employment; but in no event shall the claim for disable ment be filed in excess of seven years after the last injurious exposure to the hazard of such disease in such employment. In cases of death where the cause of action was not barred during the employee's life, the claim must be filed within one year of the date of death. \o)--.Disablement or death resuits within three years^ m the case of byssinosis, silicosis, of asbestoais, or within one year, in the ease of any other occupational disease, after the last injurious exposure to the hazard of auch disease in-auch employment or death follows continuous disability from such discaac commettemg within the period above specified lor which compensation has been paid or awarded or timely cimm made as provided oy WHS chapter and results within seven years alter such last
\c/--rtt cases ot disability or death caused oy exposurc to ^\.-rays or radioact1vc SUDstances, the time tor tne tiling ot such clamps shall oe within one year aiter the date apen which the employee first suffered disability from exposure te X -rays er radioactive substances and cither knew er in the exercise ef reasonable diligence should have known that the occupational disease was caused by nis present er prior employment.
\TT--tft cases of disaoihty or death resulting iron) oyssinosis as dctined m para^rapn
/c^ _j f/\/jp Opp*.:.-.y. ctA _O_OfiA f Ko timf frir filing f^lflitr>Q Qhnll hp no rtmviHpf^ Ky nttfa-
raph \o7 ot su Dsection ^DJ ot this Oode section} provided, however, that, with respect te eases ef disability diagnosed as byssinosia prier te Jly i-, 1983, saeh claims shall be
?\ u_Tuni1j\rr 4T--J
Section 3. Said article is further amended by striking Code Section 34-9-284, relating to the determination of the amount of compensation to be paid, in its entirety and insert ing in lieu thereof the following:
"34-9-284. Except as provided in Code Section 34-0-332, where Where compensation is payable for an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of such disease and the insurance carrier, if any, by whom the employer was insured when such employee was last so exposed under such employer shall alone be liable therefor, without right of contribution from any prior employer or insurance carrier. The amount of the compensation for any occupational

TUESDAY, MARCH 10, 1987

2277

disease shall be based upon the average weekly wages of the employee, as determined under Code Section 34-9-260; the . The date when last so exposed under the employer te whem liability attaches being upon which the employee first suffers disablement from the occupational disease or the last date the employee was employed by any employer. whichever date would provide the higher average weekly wage for such employee, shall be deemed te be the date of the injury for the purpose of determining the average weekly wage; and the notice of injury and claim for compensation, as required by Code Sections 34-9-80 through 34-9-82, 34-9-85, and 34-9-86, shall be given and made to such employer."
Section 4. Said article is further amended by striking Code Section 34-9-286, relating to payment of compensation to certain relatives of a deceased employee, in its entirety and inserting in lieu thereof the following:
"34-9-286. Reserved."
Section 5. Said article is further amended by striking Code Section 34-9-287, relating to exposure occurring prior to April 30, 1946, in its entirety and inserting in lieu thereof the following:
"34-9-287. Reserved."
Section 6. Said article is further amended by striking Code Section 34-9-289, relating to the exclusive liability of employers, in its entirety and inserting in lieu thereof the following:
"34-9-289. Whenever an employer and employee are subject to this chapter, the liability of the employer under this article for the disability disablement or death of the employee from an occupational disease in any way incurred by such employee in the course of or because of his employment shall be exclusive and in place of any and all other civil liability whatsoever at common law or otherwise to such employee or to his personal representative, next of kin, spouse, parents, guardian, or any others. An
BOnC/*vtUinv.TIil O O At OV"fOiOQVA/ nBllilntfllll rI1>W j\t hUoC /UjCofrJ>Tr1i vVoCiUi OnTf anrllnyr rUUniItiHTvI\Irl>Url>l l1aBw W ir-iignH'Wviv'a) iUirl>lUr-Clnrr

Section 7. Said article is further amended by striking Code Section 34-9-292, relating to the payment of expenses of the board under this article, in its entirety and inserting in lieu thereof the following:
"34-9-292. The total expenses of the State Board of Workers' Compensation includ-
in te CXpCllSCS Of tftC tiftalCfil DOftfu A3 pFOVldCCl ttl rftTt ~& Of tfttS LPllC16 ? IOT 1116
administration, operation, and proper functioning of the board under this article, shall be a proper charge under Code Section 34-9-63 and shall be payable as provided therein."
Section 8. Said article is further amended by striking Code Section 34-9-310, relating to the creation and functions of a medical board to hear and determine controversial medi cal questions in claims for compensation arising in cases of death or disability from occupational disease, in its entirety and inserting in lieu thereof a new Code Section 34-9-310 to read as follows:
"34-0-310.--(a)--There is created and constituted a medical beard which shall have Junctions set toptn ttt tnis flFticiej &nd rt snctii ~oe ciutnonzed TO UCAP find
controversial medical questions in claims for compcnaation arising in eases ef death er disability front occupational disease.
4b)--h Governor shetti seleet as members ef the medical beard five physicians whe ftFG licensed And QUfiinied TO ppflcticc meciicine JR me otdte ot vjeor^is onci wno HQVC training and experience in the fields ef internal medicine, roentgenelegy; diseases ef the chest; pathology, diseases ef the skin, and toxicology. The members shaH be appointed lor tenfts or two yeflps. wnen v&cfincies occur oecflusc ot destii)
tic members shaH be designated by the Governor te act as chairman; and the members snctii meet &r tne cfiii ot tfte cfi&irmfln &nd AT A piflce designAted oy nim."

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\c)--i rwj oidte oOfli*t or w ofKcrs Ooinpcnsfltion sriflii oe ftutiioriZGQ cO1 expend" such sums ds fRfly oe deemed nece99Qry to ettectUdce trie purposes or te medicsl ooftpttf find the members ef the medical bear4 shaH he paid their reasonable and- necessary traveling
compensation te be fixed by the State Beard ef Workers' Compensation at a rate net to exceed (pou.uu per Qfly.
34-9-310. (a) When medical questions are in controversy in any claim for compen sation for an occupational disease, the parties may agree to refer the employee to a licensed physician specializing in the diagnosis and treatment of the disease at issue for an independent medical examination and report. In the event that the parties cannot agree on the referral to be made, the State Board of Workers' Compensation shall refer the employee to a licensed physician who specializes in diagnosis and treatment of the disease at issue and who is certified by the appropriate medical board in the field encompassing such disease for an independent medical examination and report. No award may be made in such case until the appointed physician has filed with the board the report respecting all medical questions at issue. The date of disablement, if in dis pute, shall be deemed a medical question. The board is authorized to charge the expense of the independent medical examination and report against either or both parties in the final award.
(b) Proceedings may be suspended and no compensation may be payable for any period during which the employee may unreasonably fail or refuse to submit to such an examination.
(c) Upon the filing of a claim for compensation for death from an occupational disease where an autopsy is necessary to accurately and scientifically ascertain or deter mine the cause of death, such autopsy may be ordered by the board. The board may specify and designate a licensed physician who is a specialist in such examinations and who is certified by the appropriate medical board in the field encompassing such disease to perform or attend the autopsy and to certify his or her findings thereon. Such find ings shall be filed with the State Board of Workers' Compensation and shall become a part of the record in the case. In the event no claim has been filed, the board may exer cise such authority on its own motion or on application made at any time, upon pre sentation of facts showing that a controversy may arise m regard to the cause of death or the existence of any occupational disease. The board is authorized to charge the expense of any such autopsy against the party requesting it
(d) The physician selected to conduct the independent medical examination of the claimant, and issue a report on all medical questions presented, shall report in writing and file with the board all findings and conclusions on every medical question in contro versy as soon as practicable, but in any event no later than 60 days after the date on which the independent medical examination, or autopsy, has been completed.
(e) Either party may submit information to and may cross-examine such physician in accordance with paragraph (2) of subsection (e) of Code Section 34-9-102. Each party submitting information to such physician shall serve a copy of such information to the opposing party. The findings and conclusions contained in such report or testimony of such physician shall create a presumption of the correctness of such findings and conclu sions, which presumption may be rebutted by other competent medical evidence."
Section 9. Said article is further amended by striking Code Section 34-9-311, relating to the investigation of medical questions and hearings before the medical board, in its entirety and inserting in lieu thereof the following:
"34-9-311. Reserved."
Section 10. Said article is further amended by striking Code Section 34-9-312, relat ing to the conclusiveness of the findings of medical board decisions as to medical ques tions, in its entirety and inserting in lieu thereof the following:
"34-9-312. Reserved."
Section 11. Said article is further amended by striking Code Section 34-9-330, relat ing to the definition of disablement due to silicosis and asbestosis, in its entirety and inserting in lieu thereof the following:

TUESDAY, MARCH 10, 1987

2279

"34-9-330. Reserved."
Section 12. Said article is further amended by striking Code Section 34-9-331, relat ing to the medical examinations of employees for silicosis or asbestosis, in its entirety and inserting in lieu thereof the following:
"34-9-331. Reserved."
Section 13. Said article is further amended by striking Code Section 34-9-332, relat ing to the fixation of liability for compensation for silicosis and asbestosis, in its entirety and inserting in lieu thereof the following:
"34-9-332. Reserved."
Section 14. Said article is further amended by striking Code Section 34-9-333, relat ing to the presumption of disability or death from silicosis or asbestosis, in its entirety and inserting in lieu thereof the following:
"34-9-333. Reserved."
Section 15. Said article is further amended by striking Code Section 34-9-334, relat ing to the payment of compensation for silicosis or asbestosis, in its entirety and inserting in lieu thereof the following:
"34-9-334. Reserved."
Section 16. Said article is further amended by striking Code Section 34-9-335, relat ing to the waiver of compensation for silicosis or asbestosis, in its entirety and inserting in lieu thereof the following:
"34-9-335. Reserved."
Section 17. This Act shall be effective on July 1, 1987, and shall apply to any occupational disease not previously diagnosed before that date.
Section 18. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron
Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Balkcom
Y Bannister YBargeron
Y Barnett.B Y Barnett.M Y Beck
Y Benefield Benn
Y Birdsong Y Bishop YBostick Y Branch YBray
N Brooks Brown
Y Buck Buford
Y Byrd Y Carrell Y Carter

Chambless
Y Chance Cheeks
Y Childers Y Childs
Clark.B Y Clark,L
Y Colbert Y Coleman Y Colwell
Y Connell Y Cooper
Y Couch Y Cox Y Crawford
Y Crosby Y Cummings N Davis.G Y Davis,M YDixon N Dobbs Y Dover
Y Dunn Y Edwards Y Felton Y Floyd
Y Foster Y Galer
Godbee

Y Goodwin
Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover
Y Hamilton Banner
Y Harris
Y Hasty Y Hays
Y Heard Hensley
Y Herbert
Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J
Jackson, W
Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore
Y Kingston Y Lane.D Y Lane.R

Y Langford
Lawler Y Lawrence Y Lawson Y Lee
Linder Y Long
Y Lord Y Lucas Y Lupton
Mangum Y Martin
Y McDonald Y McKelvey
McKinney
Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton
Mostiler
Y Moultrie Y Mueller Y Oliver N Orrock
Y Padgett Y Pannell Y Parham

v Parrish
Patten Y Peters Y Pettit
Phillips Pinkston Y Pittman
Y Porter Y Powell Y Pnchard
Y Ramey Y Ramsey.T
Y Ramsey.V Y Randall Y Ransom
Ray Y Reaves
Redding N Richardson Y Ricketson Y Robinson.C Y Robinson.P
Y Royal Y Selman Y Shepard Y Sherrod
Y Simpson Y Smkfield Y Sizemore

2280

JOURNAL OF THE HOUSE,

YSmith,L YSmith.P YSmith,T
Smith,W Smyre
YSnow YStancil

Y Stanley YSteinberg Y Stephens YThomas,C
Thomas.M
Y Thompson Y Thurmond

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 Williams.B

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

On the passage of the Bill, by substitute, the ayes were 146, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Chambless of the 133rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, the following Bill of the Senate was taken up for consideration and read the third time:

SB 296. By Senator Brannon of the 51st:
A bill to amend an Act placing the sheriff of Gilmer County on a salary in lieu of fees, as amended, so as to change the provisions relating to the sheriffs deputies; to provide for other personnel within the sheriffs office and their compensation; to provide for other matters relating to such per sonnel.

The following substitute, offered by Representatives Colwell of the 4th and Twiggs of the 4th, was read and adopted:

A BILL
To amend an Act placing the sheriff of Gilmer County on a salary in lieu of fees, approved February 28, 1966 (Ga. L. 1966, p. 2480), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4342), so as to change the provisions relating to the sheriffs deputies; to provide for other personnel within the sheriffs office and their compensation; to change the provisions relating to equipment and supplies for the sheriffs office; to specify the minimum number of police equipped automobiles which shall be fur nished for the sheriffs office; to provide for other matters relative to the foregoing; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act placing the sheriff of Gilmer County on a salary in lieu of fees, approved February 28, 1966 (Ga. L. 1966, p. 2480), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4342), is amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows:
"Section 5. (a) The sheriff shall be authorized to employ deputies and other per sonnel as follows:
(1) One chief deputy whose compensation shall not exceed $18,000.00 per annum; (2) Not exceeding six additional deputies whose compensation for each shall not exceed $15,000.00 per annum; (3) Not exceeding four jailer-radio dispatchers whose compensation for each shall not exceed $12,000.00 per annum; and (4) One full-time secretary whose compensation shall not exceed $12,000.00 per annum. (b) The compensation of personnel provided for in subsection (a) of this section shall be fixed by the sheriff and shall be paid from the funds of Gilmer County in equal

TUESDAY, MARCH 10, 1987

2281

monthly installments or twice each month in equal installments at the discretion of the governing authority of Gilmer County. With the approval of the governing authority of Gilmer County, the maximum compensation specified for each classification of personnel provided for in subsection (a) of this section may be increased by the sheriff.
(c) Upon the recommendation of the sheriff, the governing authority of Gilmer County may authorize the sheriff to employ personnel in addition to those provided by subsection (a) of this section, either on a part-time or full-time basis. Subject to the approval of the governing authority of Gilmer County, the sheriff shall fix the compen sation of such additional personnel which shall be paid from the funds of Gilmer County.
(d) It shall be within the sole power and authority of the sheriff during his term of office to designate and name the persons who shall be employed within the Gilmer County sheriffs office and to prescribe their duties and assignments and to remove or replace any such employee at will and within said officer's sole discretion."
Section 2. Said Act is further amended by striking Section 6 in its entirety and sub stituting in lieu thereof a new Section 6 to read as follows:
"Section 6. (a) Subject to the requirements and limitations of subsections (b) and (c) of this section, the necessary operating expenses of the office of the sheriff of Gilmer County shall be paid from any funds of the county available for such purpose. All sup plies, uniforms, materials, furnishings, furniture, utilities, motor vehicles, and other equipment and the repair, replacement, and maintenance thereof as may be reasonably required in discharging the official duties of the sheriffs office shall be furnished by the county and shall be paid from any funds of the county available for such purpose.
(b) Gilmer County shall provide a minimum of six police equipped motor vehicles for the exclusive use of the sheriffs office.
(c) The sheriffs deputies shall be responsible for furnishing their own handguns."
Section 3. This Act shall become effective on July 1, 1987.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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

SB 342. By Senator Barnes of the 33rd:
A bill to amend Code Section 31-7-71 of the Official Code of Georgia Anno tated, relating to definitions in the "Hospital Authorities Law," so as to include in the definition of "project" insurance of every type and description; to provide an effective date.

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

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

Alford Y Alien
Athon N Atkins

Bailey N Balkcom
N Bannister N Bargeron

N Barnett,B N Barnett.M
Y Beck Y Benefield

Benn Y Birdsong
Y Bishop N Bostick

2282

JOURNAL OF THE HOUSE,

N Branch YBray Y Brooks N Brown YBuck
Buford NByrd N Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers Y Childs
Clark.B N Clark,L N Colbert
Coleman N Colwell Y Connell
Y Cooper Couch
NCoj N Crawford N Crosby Y Cummings N Davis,G N Davis.M Y Dixon N Dobbs N Dover N Dunn

Y Edwards N Felton Y Floyd N Foster Y Galer
NGodbee Y Goodwin N Green
N Greene N Greer N Gresham
Y Griffin N Groover Y Hamilton N Manner N Harris
N Hasty NHays
Heard Y Hensley
Herbert Holcomb N Holmes Y Hooks Y Hudson Isakson N Jackson,J Y Jackson.W N Jamieson N Johnson.D Y Johnson.R Kilgore

N Kingston
Y Lane,D N Lane,R N Langford
Lawler N Lawrence N Lawson YLee N Linder NLong NLord N Lucas
Lupton
N Mangum Y Martin Y McDonald Y McKelvey N McKinney YMilam N Milford
N Mobley N Moody N Moore N Motion
Mostiler Y Moultrie N Mueller N Oliver N Orrock Y Padgett Y Pannell
Parham

N Parrish Patten
Y Peters N Pettit
Phillips Pinkston Y Pittman N Porter Y Powell N Prichard Y Rainey Y Ramsey.T N Ramsey.V N Randall Y Ransom
YRay N Reaves
Redding Y Richardson N Ricketson N Robinson.C Y Robinson,P Y Royal Y Selman N Shepard Y Sherrod
Simpson N Sinkfield
Sizemore Y Smith,L Y Smith,P N Smith.T

Y Smith,W Smyre
N Snow Y Stancil N Stanley Y Steinberg Y Stephens Y Thomas.C
Thomas.M Y Thompson Y Thurmond
Townsend Y Triplett N Twiggs N Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall NWare N Watson Y Watts N White Y Wilder
Williams.B Williams.J Wilson
N Wood N Workman
Yeargin
N Young Murphy,Spkr

On the passage of the Bill, the ayes were 66, nays 82. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Pannell of the 122nd gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to SB 342.

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 541. By Representative Athon of the 57th:
A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide that a bank or storage facility must be licensed, accredited, or approved under the laws of this state; to provide that a hospital shall maintain a written cooperative agreement with at least one bank or storage facility for the purpose of pro curing anatomical gifts.

The following Senate amendment was read:

Amend HB 541 by striking from line 18 of page 9 the following: "; and", and inserting in its place a semicolon. By striking the semicolon on line 20 of page 9 and inserting in its place the following: "; and".
By adding immediately thereafter the following:

TUESDAY, MARCH 10, 1987

2283

"(<J) One representative of the Kidney Foundation;".

Representative Athon of the 57th moved that the House disagree to the Senate amendment to HB 541.
The motion prevailed.

HB 905. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act", so as to provide for certificates of authorization for proprietary schools in lieu of certificates of approval.

The following Senate amendment was read:

Amend HB 905 by striking in its entirety the title on lines 1 through 7 on page 1, which reads as follows:
"To amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Anno tated, known as the 'Georgia Proprietary School Act,' so as to provide for certificates of authorization for proprietary schools in lieu of certificates of approval; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other pur poses.",
and inserting in lieu thereof the following:
"To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for certificates of authorization for proprietary schools in lieu of certif icates of approval; to provide for other matters relative to the foregoing; to provide that the State Board of Education shall prescribe a course of study in sex education for all grades and grade levels other than kindergarten in the public school system and shall establish standards for its administration; to repeal conflicting laws; and for other pur poses."
By striking from Section 1 lines 9 through 11 on page 1, which read as follows:
"Section 1. Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Anno tated, known as the 'Georgia Proprietary School Act,' is amended by striking",
and inserting in lieu thereof the following:
"Section 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking".
By striking from Section 2 on line 20 of page 1 the word "article" and inserting in lieu thereof the word "title".
By striking from Section 3 on line 15 of page 2 the word "article" and inserting in lieu thereof the word "title".
By striking from Section 4 on line 22 of page 3 the word "article" and inserting in lieu thereof the word "title".
By striking from Section 5 on line 1 of page 4 the word "article" and inserting in lieu thereof the word "title".
By striking from Section 6 on line 16 of page 5 the word "article" and inserting in lieu thereof the word "title".
By striking from Section 7 on line 1 of page 6 the word "article" and inserting in lieu thereof the word "title".

2284

JOURNAL OF THE HOUSE,

By striking from Section 8 on line 29 of page 6 the word "article" and inserting in lieu thereof the word "title".
By striking from Section 9 on line 11 of page 8 the word "article" and inserting in lieu thereof the word "title".
By striking from Section 10 on line 18 of page 9 the word "article" and inserting in lieu thereof the word "title".
By striking from Section 11 on line 27 of page 9 the word "article" and inserting in lieu thereof the word "title".
By renumbering Section 12 on page 10 as Section 13 and inserting between lines 5 and 6 on page 10 a new Section 12 to read as follows:
"Section 12. Said title is further amended by adding at the end of Code Section 20-2-142, relating to prescribed courses under the 'Quality Basic Education Act,' a new subsection, to be designated subsection (d), to read as follows:
'(d) The State Board of Education shall prescribe a course of study in sex edu cation for all grades and grade levels other than kindergarten in the public school system and shall establish standards for its administration.'"

Representative Athon of the 57th moved that the House disagree to the Senate amendment to HB 905.
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 170. By Senator Kidd of the 25th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 45 of the Official Code of Georgia Annotated, relating to public officers, so as to change requirements and procedures regarding the filling of vacancies in the offices of clerk of the superior court, judge of the probate court, county surveyor, and coroner.

The following Committee substitute was read:

A BILL
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change certain requirements and procedures regarding the filling of vacancies in the offices of clerk of the superior court and judge of the probate court; to change the provi sions relating to appointment of clerks by probate judges; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain require ments and procedures relating to the filling of vacancies in the office of county surveyor; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to change certain requirements and procedures relating to the filling of vacancies in the office of coroner; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to authorize the appointment of chief deputy tax receivers, collectors, or commissioners; to provide for requirements and proce dures relating to the filling of vacancies in the offices of tax receiver, collector, or commis sioner; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 10, 1987

2285

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking subsection (c) of Code Section 15-6-56, relating to filling vacancies in the office of clerk of the superior court, and inserting in its place a new subsection (c) to read as follows:
"(c) In any county in which the position of chief deputy clerk has been created by law or in which a chief deputy clerk has been appointed pursuant to Code Section 15-6-59, the chief deputy clerk shall succeed discharge the duties of the clerk of the superior court if a vacancy occurs in the manner provided for in this subsection. The chief deputy derfc shaH serve until January 1 following the nest general election which 19 field more tftfln otf dftys flitc? me dflte tne vQconcy occursj provided, noWGver, LHQI tst
snftli trie cfilet deputy clepk serve psst Tne dctte tn&t tfte successor is QUftiitied immedifltcly upon trie expIPQtton of tne term ot oitice m wnicri trie vscflncy WQS crested. IT ft portion of tiie oFiifiki term will pemsin unexpired ftttep osnuflry 17 tnen sc person te fill the vacancy for the remainder ef the unexpired term shell -be elected at ueh gen eral election. In any such ease, the ether provisions ef law for filling such a vacancy shall net apply. Such vacancies shall be filled as follows:
(1) If there are six months or less remaining in a term of office, the chief deputy clerk shall discharge the duties of the clerk of the superior court for the remainder of the unexpired term of office: or
(2) If there are more than six months remaining in a term of office, the chief deputy clerk shall discharge the duties of the clerk of the superior court until such vacancy is filled for the unexpired term of office by a special election. 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 2. Said title is further amended by striking Code Section 15-9-11.1, relating to filling of vacancies in the office of judge of the probate court, and inserting in its place 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 15-9-11, in any county in which a chief clerk of the probate judge has been appointed pursuant te Code Section 16-0-36 and said chief clerk meets all qualifications for the office of probate judge, the person serving as chief clerk ef the probate judge at the time of occurrence of a vacancy in the office of probate judge shall assume discharge the duties of the office of the judge of the probate court, upon the death, resignation, inca pacity; er inability ef such judge ef the probate court ef any such county te serve: Such chief- clerk- ef the probate judge shall serve until such time as the incapacity er inability ef such judge is removed er until January 1 following the next succeeding general elec tion, whichever eeeurs first. The chief clerk of the probate judge shall receive ne addi tional such compensation for performing the duties of such judge except in cases involving the death er resignation ef such judge; in which ease the chief clerk- ef- the prehate judge shaU receive th same compensation; paid in the same manner, as stteh judge weuld have received as provided for by the governing authority of the county. M the next succeeding enep&i election ts not one dt wnicn county oiricers Are elected &nd
qualified persen shall he elected judge at a special election held at the same time as the general election. T-he persen se elected shall tafce office en January 1 following such elcctienand shall serve for the remainder ef the unexpired term ef office.
(b) Vacancies in the office of judge of the probate court having a chief clerk as pro vided for in subsection (a) of this Code section shall be filled as follows:
(1) If there are six months or less remaining in a term of office, the chief clerk shall discharge the duties of the judge of the probate court for the remainder of the unexpired term of office; or
(2) If there are more than six months remaining in a term of office, the chief clerk shall discharge the duties of the judge of the probate court until such vacancy is filled for the unexpired term of office by a special election.

2286

JOURNAL OF THE HOUSE,

(c) If the chief clerk meets all qualifications for the office of probate judge, the chief clerk shall temporarily assume the duties of the probate judge upon the incapacity or inability of such probate judge to serve until such incapacity or inability is removed or for the remainder of the unexpired term of office, whichever occurs first."
Section 3. Said title is further amended by striking subsection (a) of Code Section 15-9-36, relating to clerks of probate courts, and inserting in its place a new subsection (a) to read as follows:
"(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. 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."
Section 4. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking subsection (a) of Code Section 36-7-3, relating to fill ing vacancies in the office of county surveyor, and inserting in its place a new subsection (a) to read as follows:
"(a) Whenever an election fails to fill the office of county surveyor, the judge of the probate court shall appoint a person to serve as the county surveyor until December 3i following trie next ^cncrfli election ift wnicn county oiiicers &re elected &nd until 8 suc~
successor has tktly qualified a successor is duly elected in a special election which shall be held at the time of the next general election to serve out the remainder of the unex pired term of office."
Section 5. Said title is further amended by striking subsection (a) of Code Section 45-16-2, relating to filling of vacancies in the office of coroner, and inserting in its place a new subsection (a) to read as follows:
"(a) Whenever an election fails to fill the office of coroner, the judge of the probate court shall appoint a person to serve as the coroner until the thirty-first of December following the et general election in which county officers arc elected and until a saeccssor sn&ii we duly elected tn sucti election to serve out tne unexpircd term of oiiicc and such successor has dly qualified a successor is duly elected in a special election which shall be held at the time of the next general election to serve out the remainder of the unexpired term of office."
Section 6. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking subsection (a) of Code Section 48-5-211, relating to filling vacancies in the offices of tax receiver, tax collector, or tax commissioner, and inserting in its place a new subsection (a) to read as follows:
"(a) In any county in which a deputy chief tax receiver, deputy chief tax collector, or deputy chief tax commissioner has not been appointed as provided in this chapter, as As soon as a vacancy occurs in the office of county tax receiver, tax collector, or tax commissioner, the judge of the probate court shall appoint a qualified person to dis charge the duties of such officer until the vacancy is filled."
Section 7. Said title is further amended by adding a new Code Section immediately following Code Section 48-5-211, to be designated Code Section 48-5-212, to read as fol lows:
"48-5-212. (a) Except as otherwise provided in Code Section 48-5-100.1 and Code Section 48-5-128.1, the tax receiver, tax collector, or tax commissioner of any county shall be authorized to appoint a chief deputy tax receiver, chief deputy tax collector, or chief deputy tax commissioner, provided that such person has met the same training requirements as enumerated in Code Section 48-5-126.1. Such chief deputy shall have the duties prescribed by the appointing tax official and the authority prescribed in this Code section.

TUESDAY, MARCH 10, 1987

2287

(b) Any such chief deputy who meets all of the qualifications for office of the appointing tax official shall discharge the duties of the office of such appointing tax offi cial if a vacancy occurs. Such chief deputy shall receive such compensation for perform ing such duties as provided for by the governing authority of the county.
(c) In any county in which such chief deputy has been appointed, vacancies in the office of tax receiver, tax collector, or tax commissioner shall be filled as follows:
(1) If there are six months or less remaining in a term of office, such chief deputy shall discharge the duties of such appointing tax official for the remainder of the unexpired term of office; or
(2) If there are more than six months remaining in a term of office, such chief deputy shall discharge the duties of such appointing tax official until such vacancy is filled for the unexpired term of office by a special election. (d) If such chief deputy meets all the qualifications for the office of the appointing tax official, such chief deputy shall temporarily assume the duties of such office upon the incapacity or inability of such appointing tax official to serve until such incapacity or inability is removed or for the remainder of the unexpired term of office, whichever occurs first."
Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; and shall apply to any vacancy existing on or arising after such effective date.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Groover of the 99th moves to amend the Committee substitute to SB 170 as follows:
By striking lines 30 through 33 on page 7, and inserting in lieu thereof "Section 8. This act shall become effective on July 1, 1987 and shall apply to any vacancy existing or arising after that date."

The Committee substitute, as amended, was adopted.

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

Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M
Beck Y Benefield
Benn Y Birdsong
Bishop Y Bostick Y Branch
YBray

Y Brooks Y Brown YBuck Y Buford YByrd
Y Carrell Y Carter Y Chambless N Chance
Cheeks Y Childers Y Childs
Clark.B Y Clark,L Y Colbert Y Coleman Y Colwell Y Connell
Cooper
Y Couch YCox Y Crawford

N Crosby Y Cummings Y Davis.G
Y Davis.M N Dixon Y Dobbs N Dover
Y Dunn Y Edwards
Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin
Y Green Y Greene
Greer Y Gresham Y Griffin Y Groover
Y Hamilton

Manner
Y Harris Y Hasty YHays
Y Heard Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W N Jamieson Y Johnson,D Y Johnson,R Y Kilgore Y Kingston
Y Lane.D Y Lane,R Y Langford

Lawler
Y Lawrence Y Lawson
YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam Y Milford
Y Mobley Y Moody Y Moore Y Morton
Mostiler Y Moultrie

2288

JOURNAL OF THE HOUSE,

Y Mueller Y Oliver
Orrock Y Padgett YPannell YParham YParrish
Patten Y Peters Y Pettit
Phillips Pinkston YPittman Y Porter

Y Powell
Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom
Ray Y Reaves
Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson,P

Y Royal YSelman Y Shepard Y Sherrod Y Stepson Y Sinkfleld
Y Sizemore Y Smith,L
Y Smith,? Y Smith,T
Y Smith,W Smyre
YSnow
Y Stancil

Y Stanley Y Steinberg Y Stephens
Thomas.C Thomas.M Thompson Thurmond Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Y Walker.C N Walker,L

Y Wall Ware
Y Watson
Y Watts Y White Y Wilder
Willianw.B Williams.J Y Wilson Y Wood Y Workman YYeargin Y Young Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 145, nays 6.

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

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 be recorded as voting "aye" thereon.

Representative Alien of the 127th moved that the following Bill of the House be with drawn from the Committee on Judiciary and referred to the Committee on Retirement:

HB 1155. By Representatives Alien of the 127th and Thomas of the 69th:
A bill to amend Article 5 of Chapter 12 of Title 47 of the Official Code of Georgia Annotated, relating to appointment as district attorneys emeritus and their compensation and duties, so as to change the salary of certain dis trict attorneys emeritus.
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 256. By Senators Coleman of the 1st, Holloway of the 12th and McKenzie of the 14th:
A bill to amend Chapter 6 of Title 13 of the Official Code of Georgia Anno tated, relating to damages and costs in actions based on contracts, so as to provide for treble damages as a civil remedy for the writing of bad checks; to provide for service charges; to provide for form of notice of a demand; to provide for venue; to provide an effective date.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 6 of Title 13 of the Official Code of Georgia Annotated, relating to damages and costs in actions based on contracts, so as to provide for damages as a civil remedy for the writing of bad checks; to provide for service charges; to provide for form of notice of a demand; to provide for venue; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 13 of the Official Code of Georgia Annotated, relating to damages and costs in actions based on contracts, is amended by adding at the end of said chapter a new Code section, to be designated Code Section 13-6-15, to read as follows:

TUESDAY, MARCH 10, 1987

2289

"13-6-15. (a) Notwithstanding any criminal sanctions which may apply, any person who makes, utters, draws, or delivers any check, draft, or order upon any bank, deposi tory, person, firm, or corporation for the payment of money, which drawee refuses to honor the instrument for lack of funds or credit in the account from which to pay the instrument or because the maker has no account with the drawee, and who fails to pay the same amount in cash to the payee named in the instrument within 30 days after a written demand therefor, as provided in subsection (c) of this Code section, has been delivered to the maker by certified mail shall be liable to the payee, in addition to the amount owing upon such check, draft, or order, for damages of double the amount so owing, but in no case more than $500.00, and any court costs incurred by the payee in taking the action.
(b) The payee may charge the maker of the check, draft, or order a service charge not to exceed $15.00 or 5 percent of the face amount of the instrument, whichever is greater, when making written demand for payment.
(c) Before any recovery under subsection (a) or (b) of this Code section may be claimed, a written demand in substantially the form which follows shall be sent by certi fied mail to the maker of the instrument at the address shown on the instrument:
'You are hereby notified that a check or instrument numbered _______________, issued by you on _______________(date), drawn upon _______________(name of bank), and payable to _______________, has been dishonored. Pursuant to Georgia law, you have 30 days from receipt of this notice to tender payment of the full amount of the check or instrument plus a service charge of $15.00 or 5 percent of the face amount of the check or instrument, whichever is greater, the total amount due being $ _______________. Unless this amount is paid in full within the 30 day period, the holder of the check or instrument may file a civil suit against you for two times the amount of the check or instrument, but in no case more than $500.00, in addition to the payment of the check or instrument plus any court costs incurred by the payee in taking the action.' (d) For purposes of this Code section, the holder of the dishonored check, draft, or order shall file the action in the county where the defendant resides. (e) It shall be an affirmative defense, in addition to other defenses, to an action under this Code section if it is found that:
(1) Full satisfaction of the amount of the check or instrument plus the applicable service charge was made prior to the commencement of the action;
(2) The bank or depository erred in dishonoring the check or instrument; or (3) The acceptor of the check or instrument knew at the time of acceptance that there were insufficient funds on deposit in the bank or depository with which to cause the check or instrument to be honored. (f) In an action under this Code section, the court or jury may, however, waive all or part of the double damages upon finding that the defendant's failure to satisfy the dishonored check or instrument was due to the defendant receiving a dishonored check or instrument written to the defendant by another party. (g) Subsequent to the commencement of the civil action under this Code section, but prior to the hearing, the defendant may tender to the plaintiff as satisfaction of the claim an amount of money equal to the sum of the amount of the dishonored check, service charges on the check, and any court costs incurred by the plaintiff in taking the action. (h) In an action under this Code section, if the court or jury determines that the fail ure of the defendant to satisfy the dishonored check was due to economic hardship, the court or jury has the discretion to waive all or part of the double damages. However, if the court or jury waives all or part of the double damages, the court or jury shall render judgment against the defendant in the amount of the dishonored check plus service charges on the check and any court costs incurred by the plaintiff in taking the action."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron
Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien
Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield
Benn Birdsong Bishop Y Bostick Y Branch YBray N Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Cheeks Y Childers Y Childs Clark.B Y Clark,L

Y Colbert Y Coteman Y Colwell Y Connell
Y Cooper Y Couch
YCoi Y Crawford
Y Crosby Y Cummings N Davis.G Y Davis,M N Dlion Y Dobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y God bee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover N Hamilton
Manner Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert
Y Holcomb Y Holmes Y Hooks Y Hudson
YIsakson Y Jackson,J Y Jackson, W
Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas N Lupton Y Mangum N Martin Y McDonald Y McKelvey
McKinney Y Milam
Y Milford Y Mobley Y Moody Y Moore Y Mortal

Mostiler Y Moultrie Y Mueller
Y Oliver Orrock
Y Padgett Y Pannell
Y Parham Y Parrish
Patten Y Peters Y Pettit
Phillips Pinks ton Y Pittman Y Porter Y Powell Y Prichard YRainey Y Ramsey.T Y Ramsey.V N Randall Y Ransom YRay Y Reaves N Redding Y Richardson
Y Ricketson Y Robinson.C Y Robinson,P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson N Sinkfield

Sizemore Y Smith.L
Y Smith,? Smith.T
Y Smith,W Smyre
YSnow Y Stancil
Stanley Y Steinberg Y Stephens
Thomas.C Thomas.M Y Thompson
Thurmond
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
Williams.B Williams.J Wilson YWood Y Workman Y Yeargin N Young
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 142, nays 10.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 278. By Senator Walker of the 43rd:
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 change the definition of the term "consumer transactions"; to declare that certain acts in connection with the purchase of property used as a dwelling place shall be unfair or deceptive practices.

The following substitute, offered by Representative Robinson of the 58th, 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 change the defini tion of the term "consumer transactions"; to declare that certain acts in connection with the purchase of property used as a dwelling place shall be unfair or deceptive practices;

TUESDAY, MARCH 10, 1987

2291

to waive the tender requirements in private actions for equitable relief; to provide for obli gations of debtors to certain lenders; to provide for related matters; 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 striking paragraph (3) of subsection (a) of Code Section 10-1-392, relating to definitions and when intentional violation occurs, in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows:
"(3) 'Consumer transactions' means the sale, purchase, lease, or rental of goods, services, or property, real or personal, primarily for personal, family, or household pur poses."
Section 2. Said part is further amended by striking the "or" at the end of paragraph (18); by striking the period at the end of paragraph (19) and substituting in lieu thereof "; or"; and by adding a new paragraph (20) at the end of subsection (b) of Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions, to read as fol lows:
"(20) (A) Representing that moneys provided to or on behalf of a debtor, as defined in Code Section 44-14-162.1 in connection with property used as a dwelling place by said debtor, are a loan if in fact they are used to purchase said property; or
(B) Failing to comply with the following provisions in connection with the pur chase of property used as a dwelling place by a debtor whose loan for said property is in default and who remains in possession of this property after said purchase:
(i) A written contract shall be employed by the buyer which shall summarize and incorporate the entire agreement between the parties, a fully completed copy of which shall be furnished to the debtor at the time of its execution. Said contract shall show the date of the transaction and the name and address of the parties; shall state, in plain and bold language, that the subject transaction is a sale; and shall indicate the amount of cash proceeds and the amount of any other financial benefits that the debtor will receive;
(ii) This contract shall contain a statement in boldface type which complies sub stantially with the following:
'The provisions of this agreement have been fully explained to me. I understand that under this agreement I am selling my house to the other undersigned party.' This statement shall be signed by the debtor and the buyer; and (iii) If a lease or rental agreement is executed in connection with said sale, it shall set forth the amount of monthly rent and shall state, in plain and bold language, that the debtor may be evicted for failure to pay said rent. Should an option to pur chase be included in this lease, it shall state, in plain and bold language, the condi tions that must be fulfilled in order to exercise it. (C) The provisions of subparagraph (B) of this paragraph shall only apply where all three of the following conditions are present: (i) A loan on the property used as a dwelling place is in default; (ii) The debtor transfers the title to the property by quitclaim deed, limited war ranty deed, or general warranty deed; and (iii) The debtor remains in possession of the property under a lease."
Section 3. Said part is further amended by striking subsection (a) of Code Section 10-1-399, relating to private actions or claims for injunctions and damages, and substitut ing in lieu thereof a new subsection (a) to read as follows:
"(a) Any person who suffers injury or damages as a result of consumer acts or prac tices or as a result of office supply transactions in violation of this part or whose busi ness or property has been injured or damaged as a result of consumer acts or practices or as a result of office supply transactions in violation of this part may bring an action individually, but not in a representative capacity, against the person or persons engaged

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in such unlawful consumer acts or practices or in such unlawful office supply trans actions under the rules of civil procedure to seek equitable injunctive relief and to recover his general and exemplary damages sustained as a consequence thereof in any court having jurisdiction over the defendant; provided, however, exemplary damages shall be awarded only in cases of intentional violation. Notwithstanding any other provi sions of law, a debtor seeking equitable relief to redress an injury resulting from a viola tion of paragraph (20) of subsection (b) of Code Section 10-1-393, upon facts alleged showing a likelihood of success on the merits, may not, within the discretion of the court, be required to make a tender. Nothing in this subsection or paragraph (20) of subsection (b) of Code Section 10-1-393 shall be construed to interfere with the obli gation of the debtor to a lender who is not in violation of paragraph (20) of subsection (b) of Code Section 10-1-393. A claim under this Code section may also be asserted as a defense, setoff, cross-claim, or counterclaim or third-party claim against such person."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Dunn of the 73rd and Robinson of the 58th move to amend the Floor substitute to SB 278 as follows:
By adding on page 3, line 20, after the word "property" and before the ";" the follow ing:
"By quitclaim deed, limited warranty deed, or general warranty deed".

The Floor substitute, as amended, was adopted.

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

Y Aaron
Y Adams.G Y Adams.M Y Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Birdsong Bishop Y Bostick Y Branch YBray Y Brooks Y Brown YBuck Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Cheeks

Y Childers
Y Childs Clark.B
Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Couch
Cox Y Crawford Y Crosby Y Cummings Y Davis,G Y Davis.M Y Dixon YDobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene
Greer Y Gresham Y Griffin

Y Groover Y Hamilton Y Manner
Y Harris Y Hasty
Hays Y Heard Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson
Y Jackson,J Y Jackson,W Y Jamieson Y Johnson,D Y Johnson.R Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford Y Lawler
Y Lawrence Y Lawson YLee Y Under
Long YLord Y Lucas

Y Lupton
Y Mangum Y Martin
Y McDonald Y McKelvey Y McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Y Mortpn
Mostiler Y Moultrie Y Mueller
Y Oliver Y Orrock
Y Padgett Y Pannell
Y Parham Y Parrish
Patten Y Peters Y Pettit
Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T

Y Ramsey.V
Y Randall Y Ransom YRay
Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman N Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smith,W
YSmyre Snow
Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Townsend

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2293

Y Triplett YTwiggs Y Waddle Y Waldrep

Y Walker.C Y Walker.L Y Wall YWare

Y Watson Y Watts Y White Y Wilder

Williams.B Y Williams,J
Wilson Y Wood

Y Workman Y Yeargin Y Young
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 160, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

SB 196. By Senator Deal of the 49th:
A bill to amend Code Section 9-15-14 of the Official Code of Georgia Anno tated, relating to awards of attorney's fees and expenses of litigation in civil actions, so as to provide that said Code section shall not apply to proceedings in magistrate courts; to provide that when a case is appealed from the magis trate court, the appellee may seek litigation expenses incurred below if the appeal lacks substantial justification.

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

Y Aaron
Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M
YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
YBray Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell 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 Couch YCox Y Crawford Y Crosby
Y Cummings Y Davis.G Y Davis.M
Dixon YDobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene
Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Manner
Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert Y Holcomb
Holmes Y Hooks Y Hudson
Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston YLane.D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder
Long YLord
Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley
Y Moody Y Moore Y Morton

Mostiler
Y Moultrie Y Mueller Y Oliver
YOrrock Y Padgett
Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit
Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith.L
Y Smith.P Y Smith.T Y Smith,W
Y Smyre YSnow Y Stancil
Y Stanley Y Steinberg
Y Stephens Thomas.C
Y Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L
Y Wall YWare Y Watson Y Watts Y White Y Wilder
Williams.B
Y Williams,J Wilson
Y Wood Y Workman Y Yeargin Y Young
Murphy ,Spkr

On the passage of the Bill, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 215. By Senator Deal of the 49th:

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A bill to amend Code Section 15-11-37 of the Official Code of Georgia Anno tated, relating to disposition by juvenile courts of juveniles committing desig nated felony acts, so as to redefine the term "designated felony act"; to provide that a juvenile commits a designated felony act when he commits any act which would be a felony if the juvenile committing the act has twice previously been adjudicated delinquent for acts which would have been fel-

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

Y Aaron
Y Adams.G Y Adams,M
Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister
Y Bargeron Y Barnett,B Y Barnett,M YBeck
Y Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch YBray
Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers
Childs Y Clark,B Y Clark.L

Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Couch
YCox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene
Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert Y Holcomb
Holmes Y Hooks Y Hudson YIsakson Y Jackson,J
Jackson.W Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Under Long YLord Y Lucas Y Lupton Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Mostiler
Y Moultrie Y Mueller Y Oliver
Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit
Phillips Pinkston Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Ricketson
Y Robinson.C Y Robinson,P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith.L Y Smith,? Y Smith.T
Y Smith.W Smyre
YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond 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
Williams.B Williams.J Wilson
Y Wood Y Workman Y Yeargin Y Young
Murphy,Spkr

On the passage of the Bill, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was

SB 42. By Senator Barnes of the 33rd:
A bill to amend Article 4 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person involving reckless conduct, so as to provide that any person who fails to keep a dog at heel, on a leash, confined, or otherwise under control shall be guilty of a mis demeanor if bodily harm is caused to another person as a result of such fail ure to keep the dog under control and such failure to keep the dog under control is in violation of a county or municipal ordinance.

The following amendment was read and adopted:

TUESDAY, MARCH 10, 1987

2295

Representatives Walker of the 115th, Groover of the 99th and Langford of the 7th move to amend SB 42 as follows:
to"B.y adding after the word "to" on line 18, page 1, the words "exercise ordinary care

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

Y Aaron Y Adams.G N Adams.M Y Aiken N Alford Y Alien N Athon Y Atkins N Bailey N Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck N Benefleld
Benn N Birdsong Y Bishop Y Bostick N Branch
Bray Y Brooks Y Brown
YBuck Buford
NByrd N Carrell N Carter N Chambless
N Chance Cheeks
N Childera Y Childs Y Clark,B N Clark.L

Y Colbert N Coleman N Colwell N Connell
N Cooper Y Couch
Cox N Crawford N Crosby N Cummings Y Davis.G Y Davis.M Y Dixon N Dobbs N Dover
Dunn N Edwards N Felton N Floyd N Foster N Galer N God bee Y Goodwin N Green N Greene
Greer N Gresham N Griffin N Groover N Hamilton N Hanner N Harris
N Hasty NHays N Heard N Hensley

Y Herbert N Holcomb
Y Holmes N Hooks
N Hudson Y Isakson N Jackson,J
Jackson.W N Jamieson N Johnson ,D N Johnson.R N Kilgore N Kingston N Lane.D N Lane,R Y Langford N Lawler Y Lawrence Y Lawson NLee N Under
Long NLord N Lucas
N Lupton N Mangum
Y Martin N McDonald
Y McKelvey Y McKinney N Milam N Milford N Mobley
N Moody N Moore Y Morton

Mostiler N Moultrie
N Mueller N Oliver Y Orrock
Padgett Y Pannell N Parham N Parrish
Patten N Peters
Pettit Phillips Pinkston Y Pittman Y Porter N Powell Y Prichard N Rainey Y Rarosey.T N Ramsey.V Y Randall N Ransom Ray N Reaves Y Redding Y Richardson N Ricketson Y Robinson.C N Robinson,? N Royal Y Selman
N Shepard N Sherrod N Simpson N Sinkfield

N Sizemore
N Smith.L Y Smith.P N Smith.T
N Smith.W Y Smyre NSnow N Stancil Y Stanley Y Steinberg
Y Stephens N Thomas.C Y Thomas.M Y Thompson Y Thurmond N Townsend N Triplet! YTwiggs N Waddle N Waldrep N Walker.C N Walker,L Y Wall Y Ware
N Watson N Watts Y White Y Wilder
Williams.B Williams,J Wilson YWood Y Workman N Yeargin N Young Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 59, nays 101.
The Bill, as amended, having failed to receive the requisite constitutional majority, was lost.

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

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

HB 479. By Representatives Peters of the 2nd, Ramsey of the 3rd, Kilgore of the 42nd and Dover of the llth:
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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so as 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 municipal ities.

HB 741. By Representatives Coleman of the 118th, Hanner of the 131st, Ramsey of the 3rd and Jackson of the 83rd:
A bill to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Jekyll Island--State Park Authority Act", so as to provide that prosecutions for violations of ordi nances of the Jekyll Island--State Park Authority shall be upon citation or upon accusation.

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

HB 873. By Representative Connell of the 87th:
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 special license plates to commemorate the founding of Augusta College.

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 27. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia Anno tated, known as the "Public Officers Recall Act," so as to change the defini tions of certain terms; to provide that applications for recall petitions shall be numbered; to require election superintendents to maintain records of applications for recall petitions; to provide time limitations on when applica tions for recall petitions may be accepted for verification.

The President has appointed on the part of the Senate the following: Senators Kidd of the 25th, Hudgins of the 15th and Walker of the 43rd.

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 315. 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 change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in this chapter.

The following Committee substitute was read:

TUESDAY, MARCH 10, 1987

2297

A BILL
To amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide for findings and a declaration of policy relative to emergency medical services systems; to change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency medical techni cian" everywhere it appears in this chapter; to provide for regional emergency medical services councils; to change certain system designations; to provide that in certain counties the rules of the Department of Human Resources shall not require more than one emer gency medical technician in a nondriver capacity in an ambulance transporting a patient; to provide that portions of such rules shall affect ambulance drivers; to provide for rules on training of drivers; to provide for separate licensing of different types of ambulance services; to provide for approval by a regional EMS council prior to licensing of a new ambulance service; to provide for exceptions; to change certain references to a division of the Department of Human Resources; to provide that all counties with ambulance service shall have a medical adviser; to clarify certain age requirements for licensure; to change the services that emergency medical technicians may render; to provide for additional services that paramedics, cardiac technicians, and emergency medical technicians may render; to provide the circumstances under which such additional services may be rendered; to change certain recertification requirements; 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 11 of Title 31 of the Official Code of Georgia Annotated, relat ing to emergency medical services, is amended by striking Code Section 31-11-1, relating to findings of the General Assembly and declaration of policy, in its entirety and inserting in lieu thereof a new Code Section 31-11-1 to read as follows:
"31-11-1. (a) The General Assembly finds and determines: (1) That the furnishing of emergency medical services is a matter of substantial
importance to the people of this state; (2) That the cost and quality of emergency medical services are matters within the
public interest; (3) That it is highly desirable for the state to participate in the support and
development of emergency medical services systems communications programs catab-
rjj\nurrasnurnn-l>iti ttro> rT*unuV\ilii/c* AT JnUuWr Q iroQ~1iwRTAf nevn>uf itil/nicHu fi/hiinc TE?Jmmne-rrgateiYri*fc\yr
(4) That the administration of an emergency medical services systems system com ations program should be the responsibility of the Department of Human
Resources, acting upon the recommendations of the local entity which coordinates the program; all ambulance services shall be a part of this system even if this system is the '911' emergency telephone number;
(5) That an emergency medical services systems system communications program in a health district should be operated as economically and efficiently as possible to serve the public welfare and, to achieve this goal, should involve the designation of geographical territories to be serviced by participating ambulance providers and should involve an economic and efficient procedure to distribute emergency calls among participating ambulance providers serving the same health district; and
(6) Any That any first responder falls under the department's rules and regula tions governing ambulances and can transport only in life-threatening situations or by orders of a licensed physician or when a licensed ambulance cannot respond; ; and
(7) There shall be established by each regional EMS council a medical control pro gram to include accountability and performance evaluations of the emergency medical service systems personnel, cardiac technicians, emergency medical technicians, and paramedics within the emergency medical services in this state. (b) The General Assembly therefore declares that, in the exercise of the sovereign powers of the state to safeguard and protect the public health and general well-being of its citizens, it is the public policy of this state to encourage, foster, and promote

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JOURNAL OF THE HOUSE,

emergency medical services systems communications programs and that such programs systems shall be accomptishett implemented in a manner that is coordinated, orderly, economical, and without unnecessary duplication of services and facilities."
Section 2. Said chapter is amended by striking Code Section 31-11-2, relating to definitions relative to emergency medical services, in its entirety and inserting in lieu thereof a new Code Section 31-11-2 to read as follows:
"31-11-2. As used in this chapter, the term: \i)--AovflficcQ emergency Hieuicfti t/ecrinicifln mesns d person wtio nfts Dcen ccrti*
iled Dy tfte oompos11e ot&tc ooftrd ot jyiedic&i i^xflmirieps flitcr noving ocen t-pftiReo in emergency eare techniques in an advanced emergency medical technician training eearse approved by the Department ef Human Resources.
42) (1) 'Ambulance' means a meter vehicle any transport vehicle that is specially constructed specifically modified and equipped and is intended to be used for the emergency transportation of patients, including daal purpose police patrel ears and funeral coaches er hearses which otherwise comply wttfe the provisions ef this chapter ground, water, and air transport vehicles.
43) (2) 'Ambulance attendant' means a person responsible for the care of patients being transported in an ambulance.
44) (3) 'Ambulance provider' means an agency or company providing ambulance service which is operating under a valid license from the Emergency Health Section of the Division of Physical Public Health of the Department of Human Resources.
4&) (4) 'Ambulance service' means the providing provision of emergency care and transportation en the pttbWe streets and highways ef in this state for a wounded, injured, sick, invalid, or incapacitated human being to or from a place where medical or hospital care is furnished.
46) (5) 'Cardiac technician' means a person who, having been trained and certified as an emergency medical technician and having completed additional training in advanced cardiac life support techniques in a training course approved by the depart ment, is so certified by the Composite State Board of Medical Examiners.
&) (6) 'Composite board' means the Composite State Board of Medical Examiners. 48) (7) 'Emergency medical services system Medical Services System (EMSS)' means a system which provides for the arrangement of personnel, facilities, and equipmentj including communications, for the effective and coordinated delivery in an appropriate geographical area of health care services under emergency conditions 4 i occurring either as a result of the patient's condition or as a result of natural disasters or similar situations) i and which is administered by a public or nonprofit private entity which has the authority and the resources to provide effective administration of the system. 49) (8) 'Emergency Medical Systems Communications Program' (EMSC Program) means any program established pursuant to Public Law 93-154, entitled the Emer gency Medical Services Systems Act of 1973, which serves as a central communications system to coordinate the personnel, facilities, and equipment of an emergency medical services system and which:
(A) Utilizes emergency medical telephonic screening; (B) Utilizes a publicized emergency telephone number; and (C) Has direct communication connections and interconnections with the per sonnel, facilities, and equipment of an emergency medical services system. 4W) (9) 'Emergency medical technician' means a person who has been certified by the department after having successfully completed an emergency medical care train ing program approved by the department. 41-t) (10) 'First responded means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service. 412) (11) 'Health districts' means the geographical districts designated by the department in accord with Code Section 31-3-15. 413) (12) 'Invalid car' means a motor vehicle not used for emergency purposes but used only to transport persons who are convalescent, sick, or otherwise nonambulatory.

TUESDAY, MARCH 10, 1987

2299

(13) 'License' when issued to an ambulance service signifies that its facilities and operations comply with this chapter and the rules and regulations issued by the department hereunder.
{16) (14) 'License officer' means the commissioner of human resources or his designee.
(16) 'Local coordinating entity' means the public er nonprofit private entity desig nated by the Beard ef- Human Resources er its designcc te administer and coordinate
^vkm p ^J'VllilP Up^ "J.Pl*Ufi[gTlUnillil TM It! H~ 111-1-*-U14l t.Uil UJ:K^)j-- til:l_,jl.r QCQ9LtnU>U-111'3-1l1-1-*-1J1 T:_il ,,U--C--C--U--rU1 qWr1ii1-*V11i f\J~U*~UJU~ Ufflr*rl*+l*ilnUnH
oOtl Uq A1 Uc .
(15) 'Paramedic' means a person who has been certified by the Composite State Board of Medical Examiners after having been trained in emergency care techniques in a paramedic training course approved by the Department of Human Resources.
fH) (16) 'Patient' means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless.
{18) (17) 'Person' means any individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose, or organization of any kind, including any governmental agency other than of the United States.
{M>) (18) 'Provisional license' when issued to an ambulance service means a license issued on a conditional basis to allow a newly established ambulance service a period of 30 days to demonstrate that its facilities and operations comply with this chapter and rules and regulations issued by the department under this chapter.
(19) 'Regional EMS council' means the public or nonprofit private entity desig nated by the Board of Human Resources or its designee to administer and coordinate the EMSS Program in a health district established in accord with Code Section 31-3-15. There shall be a regional EMS council to coordinate each EMSS Program."
Section 3. Said chapter is further amended by striking Code Section 31-11-3, relat ing to recommendations by local coordinating entities as to administration of EMSC pro grams, in its entirety and inserting in lieu thereof a new Code Section 31-11-3 to read as follows:
"31-11-3. (a) The Board of Human Resources shall have the authority on behalf of the state to designate and contract with a public or nonprofit local entity to coordinate and administer the EMSC EMSS Program for each health district designated by the Department of Human Resources. The local coordinating entity regional EMS council thus designated shall be responsible for recommending to the board or its designee the manner in which the EMSC EMSS Program is to be conducted. In making its recom mendations, the local coordinating entity regional EMS council shall give priority to making the EMSC EMSS Program function as efficiently and economically as possible. Each licensed ambulance provider in the health district shall have the opportunity to participate in the EMSC EMSS Program.
(b) The local coordinating entity regional EMS council shall request from each licensed ambulance provider in its health district a written description of the territory in which it can respond to emergency calls, based upon the provider's average response time from its base location within such territory; and such written description shall be due within ten days of the request by the local coordinating entity regional EMS council.
(c) After receipt of the written descriptions of territory in which the ambulance providers propose to respond to emergency calls, the teeal coordinating entity regional EMS council shall within ten days recommend in writing to the board or its designee the territories within the health district to be serviced by the ambulance providers; and at this same time the local coordinating entity regional EMS council shall also recom mend the method for distributing emergency calls among the providers, based primarily on the considerations of economy, efficiency, and benefit to the public welfare. The recommendation of the local coordinating entity regional EMS council shall be for warded immediately to the board or its designee for approval or modification of the ter ritorial zones and method of distributing calls among ambulance providers participating in the EMSC EMSS Program in the health district.

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JOURNAL OF THE HOUSE,

(d) The board, or its designee, is empowered to conduct a hearing into the recom mendations made by the teeal coordinating entity regional EMS council, and such hear ing shall be conducted according to the procedures set forth in Code Section 31-5-2.
(e) The recommendations of the teeai coordinating entity regional EMS council shall not be modified unless the board or its designee shall find, after a hearing, that the determination of the district health director regional EMS council is not consistent with operation of the EMSC EMSS Program in an efficient, economical manner that benefits the public welfare. The decision of the board or its designee shall be rendered as soon as possible and shall be final and conclusive concerning the operation of the EMSC EMSS Program; and appeal from such decision shall be pursuant to Code Section 31-5-3.
(f) The local coordinating entity regional EMS council shall begin administering the EMSC EMSS Program in accord with the decision by the board or its designee immedi ately after the decision by the board or its designee regarding the approval or modifi cation of the recommendations made by the local coordinating entity regional EMS council; and the EMSC EMSS Program shall be operated in such manner pending the resolution of any appeals filed pursuant to Code Section 31-5-3."
Section 4. Said chapter is further amended by striking subsection (a) of Code Section 31-11-5, relating to rules and regulations governing ambulance services, and insert ing in its place a new subsection to read as follows:
"(a) The department is authorized to adopt and promulgate rules and regulations for the protection of the public health:
(1) Prescribing reasonable health, sanitation, and safety standards for transporting patients in ambulances;
(2) Prescribing reasonable conditions under which ambulance attendants or drivers are requiredj provided that, in any county having a population of 60,000 persons or less according to the United States decennial census of 1980 or any future such census, no more than one emergency medical technician shall be required in a nondriver capacity in an ambulance transporting a patient;
(3) Establishing criteria for the training of ambulance attendants or drivers and prescribing further, that ambulance attendants prior to employment as such must have completed the American Red Cross advanced first-aid course and an approved cardiopulmonary resuscitation course or other courses deemed equivalent by the department. Within nine months of initial employment an attendant must complete an approved emergency medical technician course with required tests and be certified as an emergency medical technician in this state; and
(4) The emergency medical technician course is to be offered at area hospitals and area technical vocational schools in conjunction with their emergency patient care and personnel training programs."
Section 5. Said chapter is further amended by striking Code Section 31-11-30, relating to license requirements, in its entirety and inserting in lieu thereof a new Code Section 31-11-30 to read as follows:
"31-11-30. (a) No person shall operate an ambulance service in this state without having a valid license or provisional license issued by the license officer pursuant to this chapter.
(b) There shall be separate and distinct licenses issued for ground, air, and water ambulance services.
{b} (c) Any person who violates the provisions of this Code section shall be guilty of a misdemeanor."
Section 6. Said chapter is further amended by striking Code Section 31-11-32, relating to the duties of a license officer, and inserting in lieu thereof a new Code Section 31-11-32 to read as follows:
"31-11-32. (a) The license officer shall, within ten days after receipt of an applica tion for a license or provisional license as provided for in this article, cause such investi gation as he deems necessary to be made to determine that the standards prescribed by this chapter have been met.

TUESDAY, MARCH 10,1987

2301

(b) The license officer shall issue a license under this article for a period of two years, unless earlier suspended, revoked, or terminated, when he finds that all the requirements of this article have been met.
(c) The license officer shall issue provisional licenses for 30 days for the purpose specified in paragraph (18) of Code Section 31-11-2.
(d) Before issuing a license te a- government er governmental agency for a new ambu lance service, the license officer shall establish that, due te inadequate private acrvicc, the public's convenience ad necessity require seek the approval of the regional EMS council as to the need for the proposed ambulance service."
Section 7. Said chapter is further amended by striking Code Section 31-11-50, relating to medical advisers, in its entirety and inserting in lieu thereof a new Code Section 31-11-50 to read as follows:
"31-11-50. (a) To enhance the provision of emergency medical care, each ambulance service shall be required to have a medical adviser. The adviser shall be a physician licensed to practice medicine in this state and subject to approval by the medical consul tant of the Emergency Health Section of the Division of Physical Health of the Depart ment of Human Resources. Ambulance services unable to obtain a medical adviser, due to unavailability or refusal of physicians to act as medical advisers, may request the dis trict health director or his designee to act as medical adviser until the services of a physician are available.
(b) The duties of the medical adviser shall be to provide medical direction and train ing for the ambulance service personnel in conformance with acceptable emergency medical practices and procedures.
W--TfeisGede section shatt t apply te any county having a population under 1^809 according te the United States decennial census ef 1070 er any such ftrfwe census."
Section 8. Said chapter is further amended by striking Code Section 31-11-52, relating to certification and recertification of advanced emergency medical technicians and cardiac technicians, in its entirety and inserting in lieu thereof a new Code Section 31-11-52 to read as follows:
"31-11-52. (a) The composite board shall establish procedures and standards for certifying and recertifying advanced emergency medical technicians paramedics and car diac technicians. An applicant for initial certification as an advanced emergency medical technician a paramedic or a cardiac technician must:
(1) Submit a completed application on a form to be prescribed by the composite board, which shall include evidence that the applicant is 18 years of age or older and is of good moral character;
(2) Submit from the department a notarized statement that the applicant has com pleted a training course approved by the department;
(3) Submit to the composite board a fee as set forth in the regulations of the com posite hoard; and
(4) Meet such other requirements as are set forth in the rules and regulations of the composite board. (b) The department shall also adopt procedures and standards for its approval of advanced emergency medical technician paramedic training courses and cardiac techni cian training courses. The department shall adopt such regulations after consultation with the composite board and other appropriate public and private agencies and orga nizations concerned with medical education and the practice of medicine. Procedures and standards adopted by the department shall be consistent with the purposes and provisions of this chapter."
Section 9. Said chapter is further amended by striking subsection (a) of Code Section 31-11-53, relating to services which may be rendered by emergency medical techni cians and trainees, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Upon certification by the department, emergency medical technicians may do any of the following:

2302

JOURNAL OF THE HOUSE,

(1) Render first-aid and resuscitation services as taught in the United States Department of Transportation basic training courses for emergency medical techni cians or an equivalent course approved by the department; and
(2) Upon the order of a duly licensed physician, administer approved intravenous solutionSj inflate medical antishock trousers, and insert and use the esophageal obturator airway."
Section 10. Said chapter is further amended by striking Code Section 31-11-54, relating to additional services which may be rendered, and inserting in its place a new Code Section 31-11-54 to read as follows:
"31-11-54. (a) Upon certification by the composite board, advanced emergency medical technicians paramedics may perform any service that a cardiac technician is permitted to perform. In addition, upon the order of a duly licensed physician and subject to the conditions set forth in paragraph (2) of subsection (a) of Code Section 31-11-55, advanced emergency medical technicians paramedics may perform any other procedures which they have been both trained and certified to perform, including, but not limited to:
(1) Administration of parenteral injections of diuretics, anticonvulsants, hypertonic glucose, antihistamines, bronchodilators, emetics, narcotic antagonists, and others;
(2) Cardioversion; and (3) Gastric suction by intubation. (b) While in training preparatory to becoming certified, advanced emergency medical technician paramedic trainees may perform any of the functions specified in this Code section under the direct supervision of a duly licensed physician or a registered nurse."
Section 11. Said chapter is further amended by inserting a new Code Section 31-11-55.1 between Code Section 31-11-55 and Code Section 31-11-56, to read as follows:
"31-11-55.1. Emergency medical services technicians, cardiac technicians, and paramedics shall be allowed to render such additional services when the following condi tions are met:
(1) The service is recommended by the Emergency Health Services Advisory Coun cil (EHSAC) and approved by the Board of Human Resources and the Composite State Board of Medical Examiners as appropriate;
(2) The emergency medical technician, cardiac technician, or paramedic has com pleted a training course relative to such additional service approved by the Depart ment of Human Resources; and
(3) The emergency medical technician, cardiac technician, or paramedic has obtained written authorization from the ambulance service medical adviser to adminis ter such additional service."
Section 12. Said chapter is further amended by striking Code Section 31-11-57, relating to revocation of certificates of advanced emergency medical technicians and car diac technicians, in its entirety and inserting in lieu thereof a new Code Section 31-11-57 to read as follows:
"31-11-57. Certificates issued to advanced emergency medical technicians paramedics and cardiac technicians pursuant to this chapter may be revoked for good cause by the composite board in accordance with established rules and regulations, after notice to the certificate holder of the charges and an opportunity for hearing. Such proceedings shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The composite board shall have the authority to conduct investigations and subpoena any documents relating to the fitness of advanced emergency medical technicians paramedics and cardiac technicians. Such documents may be used in any hearing conducted by the composite board."
Section 13. Said chapter is further amended by striking Code Section 31-11-58, relating to recertification standards, in its entirety and inserting in lieu thereof a new Code Section 31-11-58 to read as follows:
"31-11-58. (a) Standards adopted by regulation of the composite board or the department for the periodic recertification of emergency medical technicians, advanced

TUESDAY, MARCH 10, 1987

2303

emergency medical technicians paramedics, and cardiac technicians may include such additional examination or educational requirements as the composite board or the department deems appropriate to ensure the continued competency of such technicians. No standards shall be adopted by the composite board or the department pursuant to this subsection other than those authorized by the other subsections of this Code section.
(b) In order to ensure the continued competency of emergency medical technicians, cardiac technicians, and advanced emergency medical technicians paramedics who hold certificates issued under this chapter, each such person, no later than December 31 of each year, shall furnish evidence satisfactory to the department or the composite board which certified him that he has met the active practice requirements of subsection (c) of this Code section and the continuing education requirements of subsection (d) of this Code section.
(c) The active practice requirements shall be met if, for at least 80 hours per month during at least nine months out of the immediately preceding 12 months or for at least 80 hours per month during at least 18 months out of the immediately preceding 24 months, a person renders or was on call to render any service which such person's certif icate authorized that person to render.
(d) The continuing education requirements shall be met by annually completing onefifth of the following five-year requirements for hours of continuing education: 50 hours for emergency medical technicians; 75 hours for cardiac technicians; and 100 hours for advanced emergency medical technicians paramedics. These five-year continuing edu cation requirements shall be divided into five different atd discrete segments or modules of equal length. Any one module may be completed each year to meet the annual con tinuing education requirements, but all five modules shall be completed during a fiveyear period. This program of continuing education shall be approved by the department. The program or any modular segment of it shall be taught or administered either by persons meeting qualifications established by the department and employed or author ized by a vocational-technical school in the state or by any person who is a medical adviser under Code Section 31-11-50, or both.
(e) A certificate issued under this chapter shall be revoked, under the procedures of Code Section 31-11-56 or 31-11-57, if the holder of the certificate fails to furnish to the department or the composite board which certified him under this chapter satisfactory evidence that he has met the active practice requirements, continuing education require ments, or both, of this Code section. A certificate so revoked may be reinstated upon the holder's furnishing to the department or the composite board which certified the holder under this chapter satisfactory evidence of having successfully completed a 40 hour recertification course and having successfully passed both a written and practical examination. The recertification course, the person teaching the course, the exami nations, and the requirements for passing the examinations shall be approved by the department. A person whose certificate has been so reinstated shall be required to meet the active practice and continuing education requirements of this Code section for the 12 month period following the certificate reinstatement and for each 12 month period thereafter.
(f) Any person who teaches for at least 80 hours per calendar year any emergency medical technician course, any continuing education course or recertification course authorized by this Code section, or any combination of such courses shall not be required for that year to meet either the active practice or continuing education require ments provided for in this Code section in order to maintain such person's certificate as an emergency medical technician.
(g) The requirements of paragraph (4) of subsection (a) of Code Section 31-11-5 regarding the location at which certain courses may be taught shall not apply to either continuing education courses or recertification courses under this Code section."
Section 14. Said chapter is further amended by striking Code Section 31-11-59, relating to services of emergency medical technicians and cardiac technicians in hospitals, in its entirety and inserting in lieu thereof a new Code Section 31-11-59 to read as follows:

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JOURNAL OF THE HOUSE,

"31-11-59. Emergency medical technicians, advanced emergency medical tcchniciana paramedics, and cardiac technicians may render any service which they are authorized to render under Code Sections 31-11-53, 31-11-54, and 31-11-55, respectively, in any hospital. Such services shall not be rendered in lieu of the services of a physician or a registered professional nurse and shall only be rendered in a hospital at the discretion of and after the prior approval by the hospital governing authority on the order of a physician or, if a physician or registered professional nurse is present, at the direction of a physician or registered professional nurse, provided that such hospital has a cur rently valid permit or conditional permit issued by the department pursuant to Article 1 of Chapter 7 of this title. The provisions of this Code section are cumulative and are not intended to limit the rendering of services by emergency medical technicians, cardiac technicians, and advanced emergency medical technicians paramedics in any area in which they are already authorized to render such services."
Section 15. Said chapter is further amended by striking Code Section 31-11-60, relating to obtainment and administration of drugs by certified employees of counties and municipalities, in its entirety and inserting in lieu thereof a new Code Section 31-11-60 to read as follows:
"31-11-60. (a) Any emergency medical technician, advanced emergency medical technician paramedic, or cardiac technician who is certified under this article and who works for a county or municipal police department, fire department, or rescue unit is authorized to obtain any substance which such person is authorized to administer by virtue of his certification. Any such unit to which the emergency medical technician, advanced emergency medical technician paramedic, or cardiac technician is attached must be licensed by the department as a medical first responder unit. Such unit may then obtain from a hospital pharmacy those legend drugs listed and legally permitted to be used by advanced emergency medical tcchniciana paramedics, emergency medical technicians, or cardiac technicians. The first responder unit shall have a signed agree ment with the hospital in order for the hospital to furnish such drugs, and a copy of this agreement must be filed with the Georgia Drugs and Narcotics Agency. The require ments for administering, controlling, and storing these drugs shall be the same as the requirements for a standard ward inventory in a hospital.
(b) Any substance obtained under subsection (a) of this Code section shall be used only in connection with the emergency medical technician's, advanced emergency mcdieal technician's paramedic's, or cardiac technician's employment with the county or municipality, as such, and only while on duty as an emergency medical technician, advanced emergency medical technician paramedic, or cardiac technician.
(c) It shall not be necessary for an emergency medical technician, advanced emer gency medical technician paramedic, or cardiac technician to be assigned to a licensed ambulance service in order to obtain any substance under subsection (a) of this Code section."
Section 16. Said chapter is further amended by striking Code Section 31-11-61, relating to penalties, in its entirety, and inserting in lieu thereof a new Code Section 31-11-61 to read as follows:
"31-11-61. Any person who shall falsely represent himself to be a certified emergency medical technician, certified cardiac technician, or certified advanced emergency medical technician paramedic or who shall accept or continue in employment as such and per form the duties thereof without being certified as prescribed by this chapter shall be guilty of a misdemeanor."
Section 17. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Walker of the 85th moves to amend the substitute to SB 315 by insert ing on line 1 of page 1 between "To" and "amend" the following:

TUESDAY, MARCH 10, 1987

2305

"amend Code Section 31-5-3 of the Official Code of Georgia Annotated, relating to appeals from final decisions of the Department of Human Resources, so as to provide in such appeals for the right to a jury trial de novo before a superior court; to provide for a supercedeas of the decision of the Department of Human Resources pending appeal; to provide for all related matters; to".
By inserting between line 1 and line 2 of page 2 the following:
"Section 1. Code Section 31-5-3 of the Official Code of Georgia Annotated, relating to appeals from final decisions of the Department of Human Resources, is amended by striking in its entirety paragraph (3) of subsection (a) and inserting in its place a new paragraph (3) to read as follows:
'(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 net be automatically
filing of such petition unless the commissioner of human resources in his final order certifies that his decision if stayed will harm the public health and safety, in which case a reviewing court may order a stay only if the court makes a finding that the public health; and safety; and welfare 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 the manner prescribed by law for the service of process, unless such service of process is waived. The review shall be conducted by the court without a jary
tnCt SflSll we COnilReCi tO tile record, itt CtS9 Or filleted IffC^UlflPltlCS 1R pfOCedUPC
DCIore tne dep&rtnient, not snown m tne record, proof tnereon nifty DC to.Ken iw tne
T-he court shall net substitute its judgment for that ef the department as te the wei^nt of tii evidence on Questions of i&ct. i ne court inAy fliiirm tne decision of tne
modify the decision if- substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, er decisions are;
(A)--In violation ef constitutional er statutory provisions;
{B)--In excess ef the statutory authority ef the department;
{)--Made upon unlawful procedure;
{>)--Affected by ether error ef law;

e the whole record; er

unwarranted exercise ef- discretion.
The appeal shall be an appeal de novo to the superior court and the appealing party shall have a right to a jury trial and all rights provided under Chapter 11 of Title 9j the "Georgia Civil Practice Act." The superior court shall render a decision approving, setting aside, or modifying the order or action appealed from.'"
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:

2306

JOURNAL OF THE HOUSE,

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford N Alien Y Athon Y Atkins Y Bailey Y Balkcom N Bannister Y Bargeron Y Bamett.B N Barnett.M YBeck
Benefield Benn Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks
Y Brown YBuck
Buford YByrd Y Carrell 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 Couch YCox Y Crawford Y Crosby Y Cummings Y Davis,G N Davis.M Y Dixon YDobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer NGodbee Y Goodwin N Green Y Greene
Greer N Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays N Heard
Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson
Y Jackson ,J Jackson,W
Y Jamieson
Y Johnson.D Y Johnson.R Y Kilgore Y Kingston YLane,D Y Lane.R Y Langford
Lawler N Lawrence YLawson
YLee Y Under
Long YLord
Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey Y McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore YMorton

Mostiler N Moultrie N Mueller Y Oliver YOrrock
Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters
Pettit Phillips Pinkston Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson,P Y Royal Y Selman N Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore
Y Smith.L Y Smith.P Y Smith.T Y Smith,W Y Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond 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
Williams,B Williams.J
Wilson Y Wood Y Workman Y Yeargin
Y Young Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 144, nays 12.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Lane of the lllth stated that he inadvertently voted "aye" on the pre ceding roll call. He wished to be recorded as voting "nay" thereon.

SB 200. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-41 of the Official Code of Georgia Anno tated, relating to trial of civil actions in magistrate court and appeal from judgments returned in magistrate court, so as to change provisions relating to appeals from judgments of magistrate 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 roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B

Barnett.M YBeck
Y Benefield Benn Birdsong
Y Bishop Y Bostick
Y Branch YBray Y Brooks
Brown YBuck
Buford

YByrd Y Carrell
Y Carter Y Chambless Y Chance
Cheeks Y Childers
Y Childs Clark.B
Y Clark.L Y Colbert Y Coleman Y Colwell

Y Connell
Y Cooper Y Couch YCox
Y Crawford Y Crosby Y Cummings
Y Davis,G Davis.M
Y Dixon Y Dobbs Y Dover YDunn

Y Edwards
Y Felton Y Floyd Y Foster Y Galer
YGodbee Y Goodwin
Y Green Y Greene
Greer Y Gresham Y Griffin Y Groover

TUESDAY, MARCH 10, 1987

2307

Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y JacksonJ Y Jackson.W Y Jamieson
Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane.D YLane.R Y Langford

Y Lawler Y Lawrence
Y Lawson YLee Y Under
Long YLord
Lucas Y Lupton
Mangum Y Martin Y McDonald Y McKelvey Y McKinney
Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton
Mos tiler Y Moultrie
Y Mueller

Y Oliver
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters
Pettit Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding

Y Richardson
Y Ricketson Y Robinson.C Y Robinson,P Y Royal Y Selman Y Shepard Y Sherrod
Simpson Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smith,W Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M

Y Thompson Y Thurmond 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 Williams,.] Wilson Y Wood Y Workman Y Yeargin Y Young Murphy,Spkr

On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 274. By Senator Barnes of the 33rd:
A bill to amend Code Section 15-9-4 of the Official Code of Georgia Anno tated, relating to additional eligibility requirements for the office of judge of the probate court in certain counties, so as to change the eligibility require ments for the office of judge of the probate court in certain counties.

The following amendment was read and adopted:

Representatives Randall of the 101st, Groover of the 99th and Martin of the 26th move to amend SB 274 by striking on line 23 of page 1 the following:
"five",
and inserting in lieu thereof the following: "seven".

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

Y Aaron Y Adams.G Y Adams.M
Y Aiken Y Alford N Alien Y Athon Y Atkins Y Bailey Y Balkcom
Bannister Y Bargeron Y Barnett.B
Barnett.M Beck Y Benefield

Benn Birdsong Y Bishop
Y Bostick Y Branch YBray Y Brooks
Brown
YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Y Chance Cheeks

Y Childers Y Childs
Clark.B Y Clark.L
Y Colbert Y Coleman N Colwell Y Connell
Y Cooper Y Couch YCox Y Crawford Y Crosby Y Cummings Y Davis,G Y Davis.M

Y Dixon
N Dobbs Y Dover
Dunn
Y Edwards Y Felton N Floyd N Foster
YGaler N God bee Y Goodwin Y Green Y Greene
Greer N Gresham N Griffin

Y Groover
Y Hamilton Y Manner N Harris
Y Hasty YHays Y Heard Y Hensley
Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson.J Y Jackson.W

2308

JOURNAL OF THE HOUSE,

Y Jamieson Y Johnson,D Y Johnson.R Y Kilgore Y Kingston Y Lane.D N Lane.R Y Langford
Lawler Y Lawrence Y Lawson YLee Y Linder
Long YLord Y Lucas Y Lupton
Mangum Y Martin Y McDonald

Y McKelvey McKinney Milam
Y Milford Y Mobley Y Moody Y Moore
Morion Mostiler Y Moultrie N Mueller Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Patten Y Peters Pettit

Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman

N Shepard Y Sherrod
Simpson Sinkfield
Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smith, W
Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Townsend

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

On the passage of the Bill, as amended, the ayes were 134, nays 13.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Stephens of the 64th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

SB 263. By Senators Langford of the 35th, Engram of the 34th and Scott of the 36th:
A bill to amend Code Section 36-30-3 of the Official Code of Georgia Anno tated, relating to ordinances of a council which may not bind succeeding councils, so as to permit the governing authorities of municipal corporations having a population of not less than 400,000 to authorize the mayor to enter into contracts for periods not exceeding 50 years with respect to property or facilities used for educational, entertainment, or museum purposes in down town development areas.

The following substitute, offered by Representative Martin of the 26th, et al, was read and adopted:

A BILL
To amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances of a council which may not bind succeeding councils, so as to permit the governing authorities of municipal corporations having a population of not less than 400,000 according to the United States decennial census of 1980 or any future such census to authorize the mayor to enter into certain contracts with private and public entities for periods not exceeding 50 years and for valuable consideration with respect to property or facilities used for certain purposes; 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 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances of a council which may not bind succeeding councils, is amended by striking in its entirety subsection (c) and inserting in its place a new subsection (c) to read as fol lows:
"(c) The governing authorities of municipal corporations having a population of not less than 400,000 according to the United States decennial census of 1980 or any future such census may2 on behalf of such municipal corporationSj authorize the mayor to enter

TUESDAY, MARCH 10, 1987

2309

into contracts with private or public entities not involving the incurring of indebtedness by such municipal corporations or security for indebtedness of such private and public entities for periods not exceeding 50 years and for a valuable consideration, which con tracts shall be binding on such municipal corporations and on such authorities and suc cessors, with respect to the leasing, subleasing, maintenance, or management of property for retail facilities, restaurants, or office or other commercial uset or for residential use, or with respect to property or facilities used for nonprofit museum purposes, which property or facilities is are located in its downtown development area, as defined in paragraph (3) of Code Section 36-42-3; ; and which is located m er contiguous te a
pursuARt t/& i^hftpteF ol1 or this titlef trie Urbftn Redevelopment Law.' The limitation involving the incurring of indebtedness by such municipal corporations or security for indebtedness of such private and public entities shall not apply to contracts for the use of property for nonprofit museum purposes, nor shall such limitation apply to contracts for the leasing, subleasing, maintenance, or man agement of property or facilities which, in addition to being located in a downtown development area, are also located in or contiguous to an urban redevelopment area established pursuant to Chapter 61 of this title, the 'Urban Redevelopment Law.'"
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, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adamn.M Y Aiken YAlford Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett,B
Barnett.M YBeck
Y Benefield Benn
Y Birdaong
Y Bishop Y Bostick Y Branch YBray Y Brooks Y Brown
YBuck Buford
YByrd Y Carrell Y Carter
Chain bless Y Chance
Cheeks Y Childers Y Childs Y Clark,B Y Clark,L

Y Colbert Y Coleman Y Colwell Y Connell Y Cooper
Y Couch YCox Y Crawford N Crosby Y Cummings Y Davis,G N Davis.M Y Diion YDobbs Y Dover
Dunn Y Edwards
Felton Y Floyd
Y Foster YGaler
YGodbee Y Goodwin Y Green Y Greene
Greer Y Gresham Y Griffin Y Groover
Hamilton Y Manner Y Harris Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks
Y Hudson Y Isakson Y Jackson.J Y Jackson,W Y Jamieson Y Johnson,D Y Johnson.R Y Kilgore Y Kingston YLane,D YLane,R Y Langford Y Lawler Y Lawrence Y Lawson
YLee Y Linder
Long YLord Y Lucas Y Lupton
Mangum Y Martin Y McDonald
Y McKelvey Y McKinney Y Milam Y Milford
Y Mobley Y Moody Y Moore
Morton

Mostiler Moultrie Y Mueller
Y Oliver Y Orrock Y Padgett Y Pannell YParham YParrish
Patten Y Peters
Pettit Phillips Pinkston YPittman Y Porter YPowell Y Prichard YRainey YRamsey.T Y Ramsey.V YRandall Y Ransom Ray Y Reaves Y Redding Y Richardson Y Ricketson Robinson.C Y Robinson,? Y Royal YSelman Y Shepard Y Sherrod Simpson Sinkfield

Sizemore Y Smith.L Y Smith,P
Smith,T Y Smith,W YSmyre YSnow Y Stancil Y Stanley Y Steinberg
Stephens Thomas.C Y Thomas.M Y Thompson Thurmond Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Walker.C Y Walker.L YWall Y Ware
Y Watson Y Watts
White
Y Wilder Williams,B Williams.J
Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 143, nays 2.

2310

JOURNAL OF THE HOUSE,

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

SB 140. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions concerning torts, so as to provide for the dismissal of strict liability in tort claims against certain defendants who cer tify the correct identity of the manufacturer of the product allegedly causing injury, death, or damage; to provide exceptions; to define certain terms.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, so as to define a certain term; to provide that a product seller is not liable as a manufacturer in any product liability action based in whole or in part on the doctrine of strict liability in tort; to provide for interpretation; to provide for applicability with respect to certain causes of action; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, is amended by inserting immediately following Code Section 51-1-11 a new Code section, to be designated Code Section 51-1-11.1, to read as follows:
"51-1-11.1. (a) As used in this Code section, the term 'product seller' means a person who, in the course of a business conducted for the purpose leases or sells and distributes; installs; prepares; blends; packages; labels; markets; or assembles pursuant to a manufacturer's plan, intention, design, specifications, or formulation; or repairs; maintains; or otherwise is involved in placing a product in the stream of commerce. This definition does not include a manufacturer which, because of certain activities, may additionally be included within all or a portion of the definition of a product seller.
(b) For purposes of a product liability action based in whole or in part on the doc trine of strict liability in tort, a product seller is not a manufacturer as provided in Code Section 51-1-11 and is not liable as such.
(c) Nothing contained in this Code section shall be construed to grant a cause of action in strict liability in tort or any other legal theory or to affect the right of any person to seek and obtain indemnity or contribution.
(d) This Code section shall apply to all causes of action accruing on or after July 1, 1987."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Aaron Y Adams.G
Y Adams.M Y Aiken
Y Alford Alien
YAthon Y Atkins

Y Bailey Balkcom
Y Bannister Y Bargeron
Y Barnett.B Barnett,M Beck
Y Benefield

Benn Birdsong
Y Bishop Y Bostick
Y Branch Y Bray Y Brooks Y Brown

Y Buck Y Buford
Y Byrd Y Carrell
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

TUESDAY, MARCH 10, 1987

2311

Y Cooper Y Couch YCox
Crawford Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Greer Y Gresham Y Griffin Y Groover Hamilton Y Hanner Y Harris

Y Hasty YHays Y Heard Y Hensley Y Herbert Y Holcomb
Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson,R
Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson YLee Y Linder
Long YLord Y Lucas

Y Lupton
Mangum Y Martin Y McDonald Y McKelvey Y McKinney
Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton
Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit
Phillips Pinkston Y Pittman Y Porter

Y Powell
Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding
Y Richardson Y Ricketson
Robinson.C Y Robinson,P Y Royal Y Selman Y Shepard Y Sherrod
Simpson Sinkfield Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smith.W Smyre YSnow Y Stancil

Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson
Thurmond
Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall YWare Y Watson Y Watts
White Y Wilder
Williams.B Williams,J Wilson
Y Wood Y Workman Y Yeargin
Y 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.

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

Representative Childers of the 15th arose to a point of personal privilege and addressed the House.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 107. By Representative Richardson of the 52nd:
A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Anno tated, relating to consent for surgical or medical treatments, so as to provide for consent to the drawing and testing of fluid samples and the consequences thereof; to provide for the disclosure of information obtained as a result of consented to health care treatment, care, testing, or examination.

Representative Richardson of the 52nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 107 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, Richardson of the 52nd and McKinney of the 35th.

2312

JOURNAL OF THE HOUSE,

By unanimous consent, all House Bills and Resolutions passed today and all Senate Bills and Resolutions passed as amended or passed by substitute were ordered immedi ately transmitted to the Senate.

Representative Mangum of the 57th District, Chairman of the Committee on Edu cation, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 231 Do Pass, by Substitute
Respectfully submitted, /s/ Mangum of the 57th
Chairman

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

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 162 Do Pass, by Substitute
Respectfully submitted, /s/ Colwell of the 4th
Chairman

Pursuant to SR 223, adopted by the House and Senate, the Speaker announced the House adjourned until 9:30 o'clock, A.M., Thursday, March 12, 1987.

THURSDAY, MARCH 12, 1987

2313

Representative Hall, Atlanta, Georgia Thursday, March 12, 1987

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 Mike Woods, Pastor, First Baptist Church, Powder Springs, Georgia.
The following communication from the Reverend L. G. Gilstrap was received and read:
Lanierland Christian Center P.O. Box 8 Murrayville, GA 30564
3/10/87
The Honorable Glenn W. Ellard Clerk Georgia House of Representatives 309 State Capitol Atlanta, GA 30334
Mr. Clerk:
It does not seem real that I will miss the last day of the session for the first time in a quarter century. The doctor said my sudden illness last week was a severe kidney infec tion. I must remain hospitalized for a few more days, although I have improved greatly. My apologies for the extreme hardship this has caused you and all the gang. Hope to see you soon. Love and prayers.
L. G. Gilstrap Crawford-Long Hospital Atlanta, GA
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.

2314

JOURNAL OF THE HOUSE,

5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

HB 1164. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th:
A bill to amend an Act providing for and describing boundaries for the dis tricts for the Board of Education of the Hall County School District, so as to provide for the election of members of the board of education from dis tricts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1165. By Representatives Jackson of the 9th, Wood of the 9th and Lawson of the 9th:
A bill to amend an Act creating the Board of Commissioners of Hall County, so as to provide for the election of members of the board of commissioners from districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1168. By Representatives Steinberg of the 46th, Robinson of the 58th, Lawler of the 20th and Alford of the 57th:
A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Anno tated, relating to zoning procedures, so as to provide that any party who asserts a claim for relief in any court because of a county's or municipality's exercise of planning and zoning powers shall be entitled only to injunctive relief and not to money damages; to redesignate certain provisions of said chapter; to provide for related matters.
Referred to the Committee on Judiciary.

HB 1169. By Representatives Porter of the 119th, Ware of the 77th, Buck of the 95th and Moore of the 139th:
A bill to amend Chapter 30 of Title 43 of the Official Code of Georgia Anno tated, relating to optometrists, so as to authorize the use of pharmaceutical agents for treatment purposes by optometrists.
Referred to the Committee on Health & Ecology.

HB 1170. By Representatives Hamilton of the 124th, Shepard of the 71st, Peters of the 2nd, Rainey of the 135th and Kingston of the 125th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to taxable net income, so as to provide that income received from Social Security benefits shall not be included in an individual's Georgia taxable net income.
Referred to the Committee on Ways & Means.

HB 1171. By Representative Felton of the 22nd:

THURSDAY, MARCH 12, 1987

2315

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 business periodicals distributed on a controlled circulation, nonpaid basis.
Referred to the Committee on Ways & Means.

HB 1172. By Representatives Martin of the 26th, McKinney of the 35th, Holmes of the 28th, Orrock of the 30th and Lupton of the 25th:
A bill to provide a code of ethics for officials and employees of large munici palities; to provide that this Act shall apply to municipal corporations having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census and to the officials and employees of such municipal corporations as specified in this Act.
Referred to the Committee on State Planning & Community Affairs.

HB 1173. By Representatives Martin of the 26th and Holmes of the 28th:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Anno tated, relating to jurisdiction of municipal courts, so as to authorize munici pal courts of municipal corporations having a population of 400,000 or more to accept a plea of guilty and enter judgment and sentence thereon in certain cases of simple assault, simple battery, criminal trespass, theft of services, and prostitution which occur within the corporate boundaries.
Referred to the Committee on State Planning & Community Affairs.

HB 1174. By Representatives Steinberg of the 46th and Childs of the 53rd:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Anno tated, relating to alimony and child support generally, so as to define "dependent child"; to provide that when a court orders temporary or perma nent child support for a minor child such support shall continue so long as the child is a dependent child.
Referred to the Committee on Judiciary.

HB 1175. By Representative Dunn of the 73rd:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to provide that an employee who sustains an injury while under the influence of an illegal drug may be denied workers' compensation benefits; to define certain terms; to authorize employers to require employees to submit to drug tests under certain condi tions.
Referred to the Committee on Judiciary.

HB 1176. By Representatives Athon of the 57th, Dobbs of the 74th and Robinson of the 58th:
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 laundries to provide itemized lists to customers of articles of clothing or wearing apparel which are left with the laundry for laundry services.
Referred to the Committee on Industry.

2316

JOURNAL OF THE HOUSE,

HB 1177. By Representatives Steinberg of the 46th, Childs of the 53rd and Pettit of the 19th:
A bill to amend Code Section 19-9-1 of the Official Code of Georgia Anno tated, relating to custody of children, so as to restrict the ability of the custo dial parent or guardian to remove a child from this state; to provide for notice of such intended removal to a noncustodial parent with visitation rights; to provide for a hearing; to provide that the person seeking removal shall bear the burden of proving that removal is in the best interests of the child.
Referred to the Committee on Judiciary.

HB 1178. By Representative Steinberg of the 46th:
A bill to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to provide that intentional damage to or interference with the real or per sonal property of the spouse of the accused or property jointly owned by the accused and his or her spouse shall constitute criminal trespass and criminal damage to property.
Referred to the Committee on Judiciary.

HB 1179. By Representatives Walker of the 115th, Thomas of the 69th, Groover of the 99th, Porter of the 119th, Pettit of the 19th and others:
A bill to amend Chapter 8 of Title 13 of the Official Code of Georgia Anno tated, relating to illegal and void contracts and contractual provisions, so as to provide that certain covenants, promises, agreements, or understandings whereby a county or municipal corporation purports to indemnify or hold harmless a promisee shall be against public policy and void and unenforce able.
Referred to the Committee on Judiciary.

HB 1180. By Representative Townsend of the 24th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to collection of taxable net income of individuals for purpose of Georgia income taxation, so as to repeal the provision which allows income received from certain public pensions or retirement funds or systems to be deducted from taxable net income.
Referred to the Committee on Ways & Means.

HB 1181. By Representative Brown of the 88th:
A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts concerning the regulation of alcoholic beverages, so as to provide that it shall be unlawful for a person under 21 years of age to enter the business premises of a licensee holding a license for the sale of alcoholic beverages for consumption on such premises.
Referred to the Committee on Regulated Beverages.

HB 1182. By Representative Dover of the llth:
A bill to amend Code Section 47-3-89 of the Official Code of Georgia Anno tated, relating to creditable service under the Teachers Retirement System of

THURSDAY, MARCH 12, 1987

2317

Georgia for certain teaching service in governmentally supported schools, so as to provide for the establishment under certain circumstances of creditable service for certain teaching service in private schools.
Referred to the Committee on Retirement.

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

HB 1152 HB 1153 HB 1154 HB 1155 HB 1156 HB 1157 HB 1158 HB 1159 HB 1160

HB 1161 HB 1162 HB 1163 HB 1166 HB 1167 HR 416 HR 419 HR 420 HR 455

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 366 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 69th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 77 Do Pass HR 371 Do Pass, by Substitute
Respectfully submitted, /s/ Lee of the 72nd
Chairman

Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

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:

2318

JOURNAL OF THE HOUSE,

SB 319 Do Pass SB 382 Do Pass, by Substitute SB 389 Do Pass SB 390 Do Pass

SB 392 Do Pass SB 333 Do Pass SB 356 Do Pass
Respectfully submitted, M Adams of the 36th
Chairman

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

HOUSE RULES CALENDAR THURSDAY, MARCH 12, 1987
Mr. Speaker and Members of the House:
The House Committee on Rules has set the calendar for this fortieth Legislative Day as enumerated below:
HR 22 Youth and Violence Study Committee: Create HR 47 Elderly Volunteer Service Credit Study Committee: Create HR 175 Housing Study Committee: Re-Create HR 283 House Study Committee On School Completion: Create HR 412 Comprehensive Energy Resources Policy Committee: Create
SB 28 State Employees: Injured In Line of Duty: Compensation SB 77 DUI: Convictions: Parallel Federal Laws SB 162 Juveniles: Community Service For Delinquent Acts SB 219 Hall County Superior Court: Term SB 227 Civil Practice: Executions: Discovery Measures SB 231 Teachers: Contracts: Ten Day Review Period SB 275 Probate Court: Certain Counties: Jurisdiction SB 336 Resource Recovery Development Authority: Sales of Energy SB 357 Highways: Weight/Load of Vehicle: Pick-Up/Delivery
SR 92 Land Information System Joint Study Committee: Create SR 126 Economic Development Through Historic Preservation Committee SR 147 Capitol Hill Master Plan Commission: Create SR 184 Special Study Committee on Problems of Homeless: Create
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 Senate were taken up for consider ation and read the third time:

SB 319. By Senators Langford of the 35th, Engram of the 34th and Scott of the 36th:
A bill to amend an Act providing for urban enterprise zones in the City of Atlanta, as amended, so as to provide that urban enterprise zones for commercial and industrial purposes may be created in census tracts in which the percentage of total jobs lost for certain five-year periods was at least double the percentage of jobs lost during such period for Fulton County as a whole.

THURSDAY, MARCH 12, 1987

2319

The report of the Committee, which was favorable to the passage of the Bill, was 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 333. By Senator Brannon of the 51st:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, as amended, so as to change the provisions relating to the election of the chairman and other members of the board of commissioners of Fannin County; to provide for terms of office; to provide procedures.

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

Y Aaron Y Adams.G Y Adams,M
Aiken Alford Y Alien Y Athon Y Atkins
Y Bailey Y Balkcom N Bannister
Bargeron
Barnett.B N Barnett.M YBeck Y Benefield
YBenn Birdsong
Y Bishop Y Bostick Y Branch
Bray Y Brooks Y Brown YBuck Y Buford YByrd
Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers Y Childs
Clark.B Y Clark.L

N Colbert Coleman
Y Colwell Y Connell Y Cooper
Couch
YCox Y Crawford Y Crosby
Cummings Y Davis.G N Davis.M N Dixon N Dobbs
Dover
Dunn Y Edwards
N Felton Floyd
Y Foster Galer
Y Godbee N Goodwin
Y Green Y Greene Y Greer
Gresham
Y Griffin Y Groover Y Hamilton
Y Manner N Harris
Hasty Y Hays
Y Heard Y Hensley

Y Herbert Y Holcomb
Holmes Y Hooks
Hudson
N Isakson Y Jackson,J Y Jackson, W Y Jamieson
Johnson.D N Johnson,R Y Kilgore N Kingston Y Lane.D
Lane.R Langford Y Lawler N Lawrence Y Lawson YLee N Linder Long YLord Lucas N Lupton Y Mangum Y Martin Y McDonald
Y McKelvey McKinney
Y Milam
Y Milford Mobley
Y Moody
Y Moore N Morton

Mostiler Moultrie Mueller Y Oliver
Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Peters
Pettit Phillips Pinkston N Pittman Y Porter Powell Y Prichard
Y Rainey Y Ramsey.T
N Ramsey.V Randall
N Ransom
Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal
Selman N Shepard Y Sherrod
Simpson Y Sinkfield

Y Sizemore Smith.L
Y Smith,? Smith.T
N Smith.W Y Smyre YSnow Y Stancil Y Stanley
Steinberg N Stephens Y Thomas.C
Thomas.M Y Thompson
Thurmond N Townsend
Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker,L N Wall
Ware Y Watson Y Watts Y White
Wilder
N Williams.B Y Williams,J
Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy,Spkr

On the passage of the Bill, the ayes were 107, nays 25. The Bill, having received the requisite constitutional majority, was

Representative Clark of the 55th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

SB 356. By Senator Brannon of the 51st:
A bill to provide for the nonpartisan election of the members of the board of education and the school superintendent of Fannin County; to provide

2320

JOURNAL OF THE HOUSE,

procedures relative to the nomination and qualification of candidates for said board of education and school superintendent; to provide the form of ballots; to provide for other matters relative to the foregoing; to provide for a refer endum.

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

Y Aaron YAdams,G YAdams.M
Aiken
Alford Y Alien YAthon Y Atkins Y Bailey Y Balkcom N Bannister
Bargeron Barnett.B N Barnett.M YBeck Y Benefield YBenn Birdsong Y Bishop Y Bostick Y Branch Bray Y Brooks Y Brown YBuck YBuford YByrd Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers Y Childs
Clark.B Y Clark,L

N Colbert Coleman
Y Colwell
Y Connell Y Cooper
Couch YCox Y Crawford Y Crosby
Cummings Y Davis,G N Davis.M N Dixon N Dobbs
Dover Dunn Y Edwards N Felton Floyd Y Foster Galer Y God bee N Goodwin Y Green Y Greene Y Greer
Gresham Y Griffin Y Groover
Y Hamilton Y Manner N Harris
Hasty YHays Y Heard Y Hensley

Y Herbert Y Holcomb
Holmes
Y Hooks Hudson
NIsakson Y Jackson,J
Y Jackson,W Y Jamieson
Johnson,D N Johnson,R Y Kilgore N Kingston YLane,D
Lane.R Langford Y Lawler N Lawrence Y Lawson YLee N Under Long YLord
Lucas N Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam Y Milford
Mobley Y Moody Y Moore N Morton

Mostiler Moultrie Mueller
Y Oliver Y Orrock
Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters
Pettit Phillips Pinkston N Pittman Y Porter Powell Y Prichard Y Rainey Y Ramsey.T NRamsey.V Randall N Ransom Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Selman NShepard Y Sherrod Simpson Y Sinkfield

Y Sizemore Smith.L
Y Smith,? Smith.T
N Smith.W
YSmyre YSnow Y Stancil Y Stanley
Steinberg N Stephens Y Thomas,C
Thomas,M
Y Thompson Thurmond
N Townsend Y Triplett
YTwiggs Y Waddle Y Waldrep
Walker.C Y Walker,L
N Wall
Ware Y Watson Y Watts Y White
Wilder N Williams.B Y Williams.J
Wilson Y Wood Y Workman Y Yeargin
Y Young Murphy,Spkr

On the passage of the Bill, the ayes were 107, nays 25. The Bill, having received the requisite constitutional majority, was passed.

Representative Clark of the 55th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

SB 382. By Senator Barnes of the 33rd:
A bill to amend an Act providing a new charter for the City of Powder Springs, as amended, so as to change the corporate limits of the city.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, so as to provide a new charter for the City of Powder Springs; to provide for incorporation, boundaries, and powers of the city;

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to provide for a governing authority of such city and the powers, duties, authority, elec tion, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for con flicts of interest and holding other offices; to provide for inquiries and investigations; to provide for organization and procedures; to provide for emergencies; to provide for ordi nances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for a city manager, his duties, and compensation; to pro vide for administrative responsibilities; to provide for boards, commissions, and authori ties; to provide for a city attorney, a city clerk, and other personnel; to provide for position classification and pay plans; to provide for rules and regulations; to provide for personnel policies; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; 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. An Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, is amended by striking Sections 1.01 through 8.01 in their entirety and inserting in lieu thereof the following:
"ARTICLE I INCORPORATION AND POWERS
Section 1.10. Incorporation. This city and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style City of Powder Springs, Georgia, and by that name shall have perpetual succession.
Section 1.11. Corporate boundaries, (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter and the following described territory:
'TRACT NO. I All that tract or parcel of land lying and being in land lots 946 and 979 of the 19th District, 2nd Section, Cobb County, Georgia. Being lands within the right-of-way of U.S. 278 and Old Austell Road, and being more particularly described as follows: Beginning at the present City of Powder Springs limit, where the east right-of-way of U.S. 278 and the north right-of-way of Sharon Drive intersect; thence running south along the east right-of-way of U.S. 278 a distance of 1,021 feet more or less to the south west corner of property owned by David and Linda Parson; thence at a right angle and across U.S. 278 to the west right-of-way a distance of 50 feet; thence north along the west right-of-way of U.S. 278 a distance of 732 feet more or less to the inter section of the west right-of-way of U.S. 278 and Old Austell Road; thence running north westerly along the southwest right-of-way of Old Austell Road 298 feet more or less to the present city limits and the property now or formerly owned by Wesley Huffman; thence at a right angle and across Old Austell Road 40 feet to the northeast right-of-way; thence southeast 147 feet more or less to the intersection of the north east right-of-way of Old Austell Road and the west right-of-way of U.S. 278; thence north 110 feet more or less along the west right-of-way of U.S. 278 to the present city limits; thence at a right angle 70 feet to the intersection of the east right-of-way of U.S. 278 and the north right-of-way of Sharon Drive and the point of beginning.
TRACT NO. II All that tract or parcel of land lying and being in land lots 979 and 980, 19th Dis trict, 2nd Section, Cobb County, Georgia and being more particularly described as fol lows: Beginning at a point formed by the intersection of the northeasterly right-of-way of the Dallas Highway also known as U.S. Highway No. 278 and State Highway No. 6 and the north line of Land Lot 979; running thence 85 degrees 42 minutes 13 seconds

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East a distance of 225.83 feet to an iron pin found at the intersection of Land Lots 946, 945, 979 and 980; running thence South 89 degrees 33 minutes 47 seconds East a distance of 40.64 feet to an iron pin; running thence North 89 degrees 25 minutes 24 seconds East a distance of 754.21 feet to an iron pin; running thence South 01 degrees 49 minutes 09 seconds East a distance of 213.97 feet to an iron pin on the northerly right-of-way of a proposed road having a 50 foot right-of-way; running thence North 89 degrees 35 minutes 27 seconds West a distance of 652.47 feet to an iron pin; running thence South 76 degrees 06 minutes 26 seconds West a distance of 45.19 feet to an iron pin; running thence North 16 degrees 55 minutes 18 seconds West a distance of 73.98 feet to an iron pin; running thence South 87 degrees 27 min utes 03 seconds West a distance of 171.46 feet to an iron pin; running thence South 74 degrees 14 minutes 55 seconds West a distance of 84.81 feet to an iron pin on the northeasterly right-of-way of the Dallas Highway; running thence North 19 degrees 47 minutes 08 seconds West along the northeasterly right-of-way of the Dallas Highway a distance of 165.50 feet to the point of beginning. Said property containing 4.354 acres.' (b) Alterations may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map to be retained permanently in the office of the city clerk and to be designated: 'Official Map of the Corporate Limits of the City of Powder Springs, Georgia.' Photographic, typed, or other copies of such map certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map. (c) The mayor and 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 entire map or maps which it is designated to replace. Section 1.12. Powers and construction, (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The spe cific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Section 1.13. Examples of powers.
(1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city;
(2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph;
(3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city;
(4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades;
(5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees;

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(6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted;
(7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations;
(8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city;
(9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the 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 violations thereof;
(10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and cor porations residing in or doing business within the city and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges;
(11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards;
(12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose;
(13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards;
(14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and squares of the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials;
(15) Motor vehicles. To regulate the operation of motor vehicles and exercise con trol over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city;
(16) Municipal agencies and delegation of power. To create, alter, or abolish depart ments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers con ferred upon or delegated to the same;
(17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia;
(18) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city;
(19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof;
(20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same;

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(21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property;
(22) Penalties. To provide penalties for violation of any ordinances adopted pur suant to the authority of this charter and the laws of the State of Georgia;
(23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the mayor and city council deem necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community;
(24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police or firefighting agency;
(25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public;
(26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facili ties, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educa tional, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide for any other public improve
ments inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted;
(27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances;
(28) Public transportation. To organize and operate such public transportation sys tems as are deemed beneficial;
(29) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and stan dards and conditions of service applicable to the service to be provided by the fran
chise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission;
(30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of
streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances;
(31) Retirement. To provide and maintain a retirement plan for officers and employees of the city;
(32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or
otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities;
(33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the
acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage
systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge and for enforcing payment of the same; and to charge, impose, and collect a
sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage,
rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, alumi num, cardboard, paper, and other recyclable materials and provide for the sale of such items;

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(35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explo sive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind by taxation or otherwise; and to license, tax, regu late, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors;
(36) Special assessments. To levy and provide for the collection of special assess ments to cover the costs of any public improvements;
(37) Ad valorem taxes. To levy and provide for the assessment, valuation, revalua tion, and collection of taxes on all property subject to taxation;
(38) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law;
(39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordi nance; and to regulate the parking of such vehicles;
(40) Urban redevelopment. To organize and operate an urban redevelopment pro gram; and
(41) Other powers. To exercise and enjoy all other powers, functions, rights, privi leges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.14. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
Section 2.10. City council creation; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a mayor and five councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter.
Section 2.11. City council terms and qualifications for office. Except as other wise provided in this charter, the mayor and members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of the city immediately prior to the date of his election as the mayor or member of the city council; and the mayor or councilmember shall continue to reside therein during his period of service and to be registered and qualified to vote in munici pal elections of this city.
Section 2.12. Vacancies; filling of vacancies, (a) The office of mayor or councilmember 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.

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(b) A vacancy in the office of mayor or councilmember shall be filled for the remain der of the unexpired term, if any, as provided for in this charter.
Section 2.13. Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
Section 2.14. Conflicts of interest; holding other offices, (a) Conflict of interest. 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 offi cial duties or which would tend to impair the independence of his judgment or action in the performance of his official duties;
(2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties;
(3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authori zation or use such information to advance the financial or other private interest of himself or others;
(4) Accept any valuable gift, whether in the form of service, loan, thing, or prom ise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the govern mental body by which he is engaged; provided, 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 in the making of any con tract with any business or entity in which he has financial interest.
(b) Disclosure. Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the mayor and city council. The mayor or any councilmember who has a private interest in any matter pending before the mayor and city council shall disclose such private interest and such disclosure shall be entered on the records of the mayor and city council, and he shall disqualify himself 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 indi rectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity.
(c) Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accord ance with policies promulgated by the mayor and city council or the governing body of such agency or entity.
(d) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the mayor and city council.
(e) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which he was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which he was elected.
(f) Political activities of certain officers and employees. No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office.

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(g) Penalties for violation. (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have for feited his office or position.
(2) Any officer or employee of the city who shall forfeit his office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.
(h) The forfeiture of an office pursuant to this section shall be accomplished by the vote of three officers from the membership of the city council and office of mayor after an investigative hearing. In the event an elected officer is sought to be removed for a violation of this section by the action of the mayor and city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such writ ten notice. Any elected officer sought to be removed from office as provided in this
section shall have the right to appeal from the decision of the city council to the Supe rior Court of Cobb County. Such an appeal shall be governed by the same rules as
govern appeals to the superior court from the probate court. Section 2.15. Inquiries and investigations. The mayor and city council may make
inquiries and investigations into the affairs of the city and the conduct of any depart ment, 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 mayor and city council shall be punished as provided by ordinance.
Section 2.16. General power and authority of the mayor and city council. Except as otherwise provided by this charter, the mayor and city council shall be vested
with all the powers of government of this city as provided by Article I of this charter. Section 2.17. Eminent domain. The mayor and city council are empowered to
acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries,
markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educa tional, recreational, sport, curative, corrective, detentional, penal, and medical insti
tutions, agencies, and facilities, and any other public improvements inside or outside the
city, and to regulate the use thereof and, for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
Section 2.18. Organizational meetings. The mayor and city council shall hold an organizational meeting on the second Monday in January. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the mayor
and any newly elected members as follows: 'I do solemnly (swear) (affirm) that I will faithfully perform the duties of
(mayor) (councilmember) of this city and that I will support and defend the
charter thereof as well as the Constitution and laws of the State of Georgia
and of the United States of America.' Section 2.19. Regular and special meetings, (a) The mayor and city council shall hold regular meetings at such times and places as prescribed by ordinance.
(b) Special meetings of the mayor and city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance
of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember 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 councilmember's presence. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the mayor and city council shall be public to the extent required
by law and notice to the public of special meetings shall be made fully as is reasonably possible one day prior to such meetings.

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Section 2.20. Rules of procedure, (a) The mayor and city council shall adopt rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of their 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 and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
(c) The committees appointed by the mayor shall be: finance, water and sewer, sani tation, streets, and police.
Section 2.21. Quorum; voting. Three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirm ative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
Section 2.22. Action requiring an ordinance. Acts of the mayor and city council which have the force and effect of law shall be enacted by ordinance.
Section 2.23. Ordinance forms; procedures, (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 Powder Springs hereby ordains....'
(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the mayor and city council. Ordinances shall be considered and adopted or rejected by the mayor and city council in accordance with the rules which they shall establish.
(c) Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the mayor and city council may designate.
Section 2.24. Emergencies. To meet a public emergency affecting life, health, prop erty, or public peace, the mayor and city council may convene on call of the mayor or three councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form pre scribed for ordinances generally, except that it shall be plainly designated as an emer gency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emer gency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment
of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the
same manner specified in this section for adoption of emergency ordinances. Section 2.25. Codes of technical regulations. The mayor and 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 except that: (1) The requirements of subsection (c) of Section 2.23 for distribution and filing
of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as adopting ordinance; and
(2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26.
(b) Copies of any adopted code of technical regulations shall be made available by
the clerk for distribution or for purchase at a reasonable price.

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Section 2.26. Signing; authentication; recording; codification; printing. The clerk shall authenticate by his signature and shall record in full in a properly indexed book kept for that purpose all ordinances adopted by the council.
(b) The mayor and city council shall provide for the preparation of a general codifi cation of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the mayor and city council by ordinance and shall be published promptly together with all amendments thereto and such codes of technical regulations and other rules and regulations as the mayor and city council may specify. This compilation shall be known as and cited officially as 'The Code of the City of Powder Springs, Georgia.' Copies of the code shall be furnished to all officers, depart ments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the mayor and city council.
(c) The mayor and city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reason able prices to be fixed by the mayor and city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amend ments shall be printed in substantially the same style as the code currently in effect and
shall be suitable in form for incorporation therein. The mayor and city council shall make such further arrangements as are deemed desirable for reproduction and distri bution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
Section 2.27. City manager; appointment; qualifications; compensation. The mayor and city council shall appoint a city manager for an indefinite term and shall fix
his compensation. The manager shall be appointed solely on the basis of his executive and administrative qualifications and shall serve at the pleasure of the mayor and coun cil.
Section 2.28. Removal of city manager, (a) The mayor and city council may remove the manager from office in accordance with the following procedures:
(1) The mayor and city council shall adopt by affirmative vote of a majority of the membership of the city council and office of mayor a preliminary resolution which must state the reasons for removal and may suspend the manager from duty for a
period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the manager;
(2) Within five days after a copy of the resolution is delivered to the manager, he may file with the mayor and city council a written request for a public or private hearing. This hearing shall be held within 30 days after the request is filed. The man
ager may file with the mayor and council a written reply not later than five days before the hearing; and
(3) If the manager has not requested a public or private hearing within the time specified in paragraph (2) of this subsection, the mayor and city council may adopt
a final resolution for removal, which may be made effective immediately, by an affirm ative vote of a majority of the membership of the city council and office of mayor.
If the manager has requested a public or private hearing, the mayor and city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of the membership of the city council and office
of mayor at any time after the public or private hearing. (b) The manager shall continue to receive his salary until the effective date of a final resolution of removal. Upon removal from office the city manager shall be entitled to
not less than 60 days' severance pay. Section 2.29. Acting city manager. By letter filed with the city clerk, the manager
shall designate, subject to approval of the mayor and city council, a qualified city administrative officer to exercise the powers and perform the duties of manager during
his temporary absence or disability. During such absence or disability, the mayor and city council may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or his disability shall cease.
Section 2.30. Powers and duties of the city manager. The city manager shall be the chief administrative officer of the city. He shall be responsible to the mayor and city

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council for the administration of all city affairs placed in his charge by or under this charter. He shall have the following powers and duties:
(1) He shall appoint and, when he deems it necessary for the good of the city, sus pend or remove all city employees and administrative officers he appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. He may authorize any administrative officer who is subject to his direction and super vision to exercise these powers with respect to subordinates in that officer's depart ment, office, or agency;
(2) He shall direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law;
(3) He shall attend all city council meetings and shall have the right to take part in discussion but he may not vote;
(4) He shall see that all laws, provisions of this charter, and acts of the mayor and city council subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed;
(5) He shall prepare and submit the annual operating budget and capital budget to the mayor and city council;
(6) He shall submit to the mayor and city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year;
(7) He shall make such other reports as the mayor and city council may require concerning the operations of city departments, offices, and agencies subject to his direction and supervision;
(8) He shall keep the mayor and city council fully advised as to the financial condition and future needs of the city and make such recommendations to the mayor and city council concerning the affairs of the city as he deems desirable; and
(9) He shall perform such other duties as are specified in this charter or as may be required by the mayor and city council. Section 2.31. Council interference with administration. Except for the purpose of inquiries and investigations under Section 2.15, the mayor and members of the city council shall deal with city officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the mayor nor mem bers of the city council shall give orders to any such officer or employee, either publicly or privately. In the case of a city emergency involving public health or safety and in the absence of the city manager, the mayor or a member of council may direct activities as appropriate. Section 2.32. Powers and duties of mayor. The mayor shall:
(1) Preside at all meetings of the mayor and city council; (2) Have a vote only in the case of a tie vote by councilmembers; (3) Have veto power as specified in Section 2.33; (4) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesman for the city and the chief advocate of policy;
(5) Have power to administer oaths and to take affidavits; and
(6) Sign as a matter of course on behalf of the city all written and approved con tracts, ordinances, and other instruments executed by the city which by law are required to be in writing.
Section 2.33. Veto power of mayor, (a) The mayor shall have four days after meet ings of the council in which to file with the city clerk in writing his veto.
(b) The council may at any meeting in which the mayor files his veto or any subse quent meeting within 60 days pass any such ordinance, order, or resolution, notwith standing the veto, by an affirmative vote of four councilmembers.
Section 2.34. Selection of mayor pro tempore. By a majority vote of all its mem bers, the city council shall elect a councilmember to serve as mayor pro tempore, who shall serve at the pleasure of the city council. The mayor pro tempore shall continue to vote and otherwise participate as a councilmember.
Section 2.35. Mayor pro tempore. During the absence or disability of the mayor for
any cause, the mayor pro tempore or, in his absence or disability for any reason, any

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one of the councilmembers chosen by a majority vote of the city council shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all councilmembers.
ARTICLE III ADMINISTRATIVE AFFAIRS
Section 3.10. Administrative and service departments, (a) Except as otherwise provided in this charter, the mayor and city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper adminis tration of the affairs and government of this city.
(b) Except as otherwise provided by this charter or by law, the directors of depart ments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) All appointed officers and directors of departments shall receive such compen sation 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, be responsible for the administration and direction of the affairs and operations of his department or agency.
(e) All directors under the supervision of the city manager shall be nominated by the city manager with confirmation by the mayor and city council. The city manager may suspend or remove directors under his supervision but such shall not be effective for three calendar days following the city manager giving written notice of such action and the reasons therefor to the director involved and to the mayor and city council. The director involved may appeal to the mayor and city council which, after a hearing, may override the city manager's action by a vote of three councilmembers.
(f) The city clerk while appointed by the mayor and city council shall be subject to the direction and supervision of the city manager.
Section 3.11. Boards, commissions, and authorities, (a) The mayor and city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the mayor and city council deem 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 mayor and city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law.
(c) The mayor and city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commis sion, or authority.
(d) Except as otherwise provided by charter, ordinance, or by other 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 for the original appointment, except as otherwise provided by this charter or by law.
(f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating such member to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordi nance and administered by the mayor.
(g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three officers from the membership of the city council and the office of mayor.
(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-chairman, and may elect as its secretary one of its own members or may appoint

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as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the ful fillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regu lations shall be filed with the clerk of the city.
Section 3.12. City attorney. The mayor and city council shall appoint a city attor ney, 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 or employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney.
Section 3.13. City clerk. The mayor and council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, main tain the city council records required by this charter, and perform such other duties as may be required by the mayor and city council.
Section 3.14. Position classification and pay plans. The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the mayor and city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the mayor and city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, the city manager, city clerk, chief judge, and city attorney are not considered to be city employees.
Section 3.15. Personnel policies. The mayor and city council shall adopt rules and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of pro motion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.
ARTICLE IV MUNICIPAL COURT
Section 4.10. Creation; name. There shall be a court to be known as the Municipal Court of the City of Powder Springs.
Section 4.11. Chief judge, (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordi nance. 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 a judge on the municipal court unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. Any and all judges shall be appointed by the mayor and city council.
(c) Compensation of the judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of three officers from the member ship of the city council and the office of mayor. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter. Section 4.12. Convening. The municipal court shall be convened at regular intervals as provided by ordinance.

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Section 4.13. Jurisdiction; powers, (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law.
(b) The municipal court shall have authority to punish those in its presence for con tempt. Such punishment shall not exceed $200.00 or ten days of imprisonment and labor on the public works of the city or by both such fine and imprisonment.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $200.00 or imprisonment and labor on the public works of the city for one year or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law.
(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, trans portation, 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 appearance and shall fail to appear at the time fixed for trial, his bond shall be for feited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for secur ity 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 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.
(g) 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 law.
(h) Each judge of the municipal court may be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
(i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and par ticularly 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 ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Cobb County under the laws of the State of Georgia regulating the granting and issu ance of writs of certiorari.
Section 4.15. Rules for court. With the approval of the mayor and 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 munici pal court; provided, however, that the mayor and city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspec tion, and, upon request, a copy shall be furnished to all defendants in municipal court
proceedings at least 48 hours prior to said proceedings.
ARTICLE V
ELECTIONS AND REMOVAL
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., the
'Georgia Municipal Election Code.'

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Section 5.11. Election of the city council and mayor, (a) There shall be a munici pal general election annually on the third Saturday of October.
(b) For the purpose of electing three councilmembers, the City of Powder Springs shall be divided into three council districts. The members representing each council dis trict shall be elected only by the voters residing in that district and not at large. Said three council districts shall consist of the following territory within the city of Powder Springs:
Council District 1: Beginning at the intersection of Powder Springs Road and the east boundary of the city limits, westerly along centerline of Powder Springs Road to Marietta Street (SR 6); west along Marietta Street (SR 6) to Dallas Highway (SR 6); west along Dallas Highway (SR 6) to west city limits; south, east and north along city limits boundary to point of beginning.
Council District 2: Beginning at the northwest corner of LL 684, south along west boundary of LL 684 and LL 723 to the intersection of Macedonia Road and Forrest Hill Road; south along Forrest Hill Road to Powder Springs Road; east along Powder Springs Road to east city limits; north and west along city limits boundary to point of beginning.
Council District 3: Beginning at northwest corner of LL 684 and continuing south and west along city limit boundary to the intersection of Dallas Highway (SR 6) and the west city limits; east along Dallas Highway (SR 6) to Marietta Street (SR 6); east along Marietta Street (SR 6) to Powder Springs Road; east along Powder Springs Road to Forrest Hill Road; north along Forrest Hill Road to Macedonia Road; north along west boundary of LL 723 and 684 to point of beginning. (c) The mayor and two councilmembers elected at large shall be elected at the regular municipal election in 1988, 1991, and every four years thereafter; shall take office on the first Monday in January following their election; and shall, except as otherwise provided in this subsection, serve for a term of four years and until their successors are elected and qualified. The mayor and the two councilmembers may reside anywhere within the City of Powder Springs. (d) Each councilmember from each district listed below shall be elected from and by the voters of only the council district he represents and must be a resident of the coun cil district. For purposes of facilitating an orderly transition, the councilmember in office on the effective date of this section shall be deemed to represent the council districts as follows:
Council District 1: Harold Norris; election in 1987, 1989, and every fourth year thereafter;
Council District 2: Al Brewer; election in 1987, 1989, and every fourth year there after; and
Council District 3: Paul Bourassa; election in 1987, 1989, and every fourth year thereafter.
(e) This district election plan for three councilmembers shall be effective in 1989 or when the city population reaches 8,000 as estimated by the Atlanta Regional Commis sion, whichever first occurs.
(f) Until such time as the district election plan becomes effective, the mayor and councilmembers shall be elected at large. Members from Council Districts 1, 2, and 3 will be elected in 1987, 1989, and every four years thereafter. The mayor and at-large members of the council will be elected in 1988, 1991, and every four years thereafter.
Section 5.12. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations.
Section 5.13. Election by majority. The person receiving a majority of the votes cast for any city office shall be elected.
Section 5.14. Special election; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the mayor and city coun cil or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the mayor and city council or those remaining shall

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appoint a successor for the remainder of the term. In all other respects, the special elec tion shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the 'Georgia Municipal Election Code.'
Section 5.15. Other provisions. Except as otherwise provided by this charter, the mayor and city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 3 of Title 21 of the O.C.G.A., the 'Georgia Municipal Election Code.'
Section 5.16. Removal of officers, (a) Except as otherwise provided in this charter, the mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; (6) Failure for any other cause to perform the duties of office as required by this charter or by state law; or (7) Failure to attend four consecutive regular council meetings. (b) The removal of an officer pursuant to this section shall be accomplished by the vote of three officers from the membership of the city council and office of mayor after an investigative hearing. In the event an elected officer is sought to be removed by the action of the mayor and city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right to appeal from the decision of the city council to the Superior Court of Cobb County. Such an appeal shall be governed by the same rules as govern appeals to the superior court from the probate court.
ARTICLE VI FINANCE
Section 6.10. Property tax. The mayor and 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, of providing governmental services, for the repayment of principal and interest on general obli gations, and for any other public purpose as determined by the mayor and city council in their discretion.
Section 6.11. Millage rate; due dates; payment methods. The mayor and city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The mayor and city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
Section 6.12. Occupation and business taxes. The mayor and city council by ordi nance shall have the power to levy such occupation or business taxes as are not denied by 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 within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The mayor and city council may classify businesses, occupations, profes sions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
Section 6.13. Licenses; permits; fees. The mayor and city council by ordinance shall have the power to require any individual or corporation who transacts business in the city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and to pay a reasonable fee for such license or permit where such activities are not now regulated by general law

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in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The mayor and city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and wel fare necessitate.
Section 6.14. Franchises. The mayor and city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The mayor and city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The mayor and city council shall provide for the registration of all franchises with the city clerk in a regis tration book kept by him. The mayor and city council may provide by ordinance for the
registration within a reasonable time of all franchises previously granted. Section 6.15. Service charges. The mayor and city council by ordinance shall have
the power to assess and collect fees, charges, and tolls for sewers, sanitary and health
services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this
charter. Section 6.16. Special assessments. The mayor and city council by ordinance shall
have the power to assess and collect the costs 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 of this charter. Section 6.17. Construction; other taxes. This city shall be empowered to levy any
other tax allowed now or hereafter by 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 mayor and city coun
cil by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by 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 fail ure to pay any city taxes or fees, and providing for the assignment or transfer of tax
executions. Section 6.19. General obligation bonds. The mayor and city council shall have the
power to issue bonds for the purpose of raising revenue to carry out any project, pro
gram, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
Section 6.20. Revenue bonds. Revenue bonds may be issued by the mayor and 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. The city may obtain short-term loans and must
repay such loans not later than December 31 of each year, unless otherwise provided by
law. Section 6.22. Fiscal year. The mayor and 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. Section 6.23. Preparation of budgets. The mayor and city council shall provide an
ordinance on the procedures and requirements for the preparation and execution of an

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annual operating budget, a capital improvement program, and a capital budget, includ ing requirements as to the scope, content, and form of such budgets and programs.
Section 6.24. Submission of operating budget to city council. On or before a date fixed by the mayor and city council but not later than 45 days prior to the begin ning of each fiscal year, the city manager shall submit to the mayor and city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompa nied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all sup porting documents shall be filed in the office of the city clerk and shall be open to public inspection.
Section 6.25. Action by mayor and city council on budget, (a) The mayor and city council may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues.
(b) The mayor and city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the thirtieth day of June each year. If the mayor and city council fail to adopt the budget by said 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 mayor and city council adopts a budget for the ensuing fiscal year. Adoption of the budget 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 orga nizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropria tions or allotments thereof to which it is chargeable.
Section 6.26. Tax levies. Following adoption of the operating budget, the mayor and 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 expense of the general govern ment of this city.
Section 6.27. Changes in appropriations. The mayor and city council by ordinance 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, but any additional appropriations may be made only from an existing unexpended surplus.
Section 6.28. Capital improvements budget, (a) On or before the date fixed by the mayor and city council but no later than 45 days prior to the beginning of each fiscal year, the city manager shall submit to the mayor and city council a proposed capi tal improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The mayor and city council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The mayor and city council shall not authorize an expendi ture for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24.
(b) The mayor and city council shall adopt by ordinance the final capital improve ments budget for the ensuing fiscal year not later than the thirtieth day of June of each year. No appropriation provided for in a prior capital improvements budget shall lapse

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until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city manager may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance.
Section 6.29. 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 mayor and city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal govern ment may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.
Section 6.30. Contracting procedures. No contract with the city shall be binding on the city unless:
(1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is signed by him to indicate such drafting or review; and (3) It is made or authorized by the mayor and city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21 of this charter. Section 6.31. Centralized purchasing. The mayor and city council may by ordi nance prescribe procedures for a system of centralized purchasing for the city. Section 6.31. Sale of city property, (a) The mayor and city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The mayor and city council may quitclaim any rights it may have in property not needed for public purposes upon request by the city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may author ize the city manager to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. 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. Bonds for officials. The officers and employees of the city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the mayor and city council may from time to time require by ordinance or as may be provided by law.
Section 7.11. Prior ordinances. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the mayor and city council.
Section 7.12. Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privi leges, and powers shall continue beyond the time this charter takes effect for a period of 30 days before or during which the existing mayor and city council shall pass a transi tion ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.

THURSDAY, MARCH 12, 1987

2339

Section 7.13. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceed ings shall continue and any such ongoing work or cases shall be completed by such city agenciesT personnel, or offices as may be provided by the mayor and city council.
Section 7.14. Construction, (a) Section captions in this charter are informative only and shall not be considered as a part thereof.
(b) The word 'shall' is mandatory and the word 'may' is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 7.15. Severability. In the event any article, section, subsection, paragraph, sentence, or part of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect nor impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent and in enacting that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

SB 389. By Senator Foster of the 50th:
A bill to amend an Act creating the office of commissioner of Towns County as the governing authority of said county so as to change the compensation of the commissioner; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was 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 390. By Senators Peevy of the 48th and Phillips of the 9th:
A bill to amend an Act incorporating the City of Snellville, as amended, 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.

SB 392. By Senator Echols of the 6th:
A bill to consolidate the offices of tax receiver and tax collector of Pierce County into the office of tax commissioner of Pierce County; to provide for

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JOURNAL OF THE HOUSE,

the oath, rights, duties, and liabilities of said office; to provide for the elec tion of the tax commissioner; to provide for terms of office; to provide for the method of filling vacancies.

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

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 728. By Representatives Barnett of the 59th, Wall of the 61st, Bannister of the 62nd, Mobley of the 64th and Pittman of the 60th:
A bill to amend an Act creating a Board of Commissioners of Gwinnett County, so as to change the compensation of the members of said board and to change the compensation of the chairman.

HB 889. By Representatives Pannell of the 122nd, Hamilton of the 124th, Triplett of the 128th, Kingston of the 125th and Mueller of the 126th:
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 independ ent school system of Chatham County and the City of Savannah shall be deemed to be a county school system within the meaning of this Constitution and the general laws of this state.

HB 1017.

By Representative Sizemore of the 136th:
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 H.R. No. 80-249 enacted at the 1961 session of the General Assembly and which was duly ratified at the 1962 general election (Ga. L. 1961, p. 624) and which creates the Turner County Development Authority.

HB 1049.

By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment which relates to providing for a homestead exemption for residents of the City of Carrollton in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all city ad valorem taxes.

HB 1090. By Representative Barnett of the 10th:
A bill to amend an Act creating a new charter for the City of Gumming, so as to provide water service area boundaries for the city.

HB 1091. By Representative Barnett of the 10th:

THURSDAY, MARCH 12, 1987

2341

A bill to provide for a Forsyth County Board of Registrations and Elections.

HB 1092.

By Representative Mobley of the 64th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment granting a $2,000.00 home stead exemption from municipal ad valorem taxes to each resident of the Town of Auburn.

HB 1093.

By Representatives Powell of the 145th and Royal of the 144th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Colquitt County during desig nated registration periods as provided in Code Section 40-2-20.1 of the Offi cial Code of Georgia Annotated.

HB 1094.

By Representative Byrd of the 153rd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment authorizing the governing bodies of Jeff Davis County and each of the political subdivisions located in Jeff Davis County to exempt from ad valorem taxation, the capital improve ments of new industries and businesses.

HB 1100.

By Representative Pittman of the 60th:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment granting a $2,000.00 home stead exemption from municipal ad valorem taxes to each resident of the City of Sugar Hill who is disabled or 62 years of age or older and has speci fied income not exceeding $5,000.00 per year.

HB 1101.

By Representatives Jamieson of the llth, Dover of the llth and 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 Banks County Industrial Building Authority and providing for powers, authority, funds, purposes, and procedure connected therewith.

HB 1107.

By Representatives Ramsey of the 155th and Smith of the 156th:
A bill to amend an Act implementing the Brunswick and Glynn County Development Authority, so as to change the method of appointing the membership; to amend the term of office of such membership.

HB 1118.

By Representatives Thomas of the 69th, Simpson of the 70th and Shepard of the 71st:
A bill to amend an Act establishing the State Court of Carroll County, so as to provide for expenses of the solicitor in collecting fines and forfeitures.

HB 1119.

By Representatives Hasty of the 8th, Prichard of the 8th and Barnett of the 10th:
A bill to amend an Act creating a charter for the City of Ball Ground, in Cherokee County, so as to expand the corporate limits.

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JOURNAL OF THE HOUSE,

HB 1120.

By Representatives Smith of the 152nd, Moody of the 153rd and Byrd of the 153rd:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Brantley County Development Authority.

HB 1127. By Representatives Snow of the 1st and Hays of the 1st:
A bill to amend an Act creating the State Court of Walker County, so as to provide for a secretary for the judge of the court.

HB 1129.

By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to provide for a $10,000.00 homestead exemption from all City of Sky Valley ad valorem taxes for residents of that city; to provide for a refer endum.

HB 1137.

By Representative Smith of the 152nd:
A bill to amend an Act creating the Board of Commissioners for Bacon County, so as to change the compensation of the members of the board of commissioners.

HB 1140. By Representative Peters of the 2nd:
A bill to amend an Act placing the coroner of Catoosa County on an annual salary, so as to increase the salary of the coroner; to clarify when a deputy coroner may act in the place of the coroner.

HB 1141.

By Representative Ricketson of the 82nd:
A bill to amend an Act creating the Board of Commissioners of Glascock County, so as to correct references and make grammatic and stylistic changes in such Act; to change the provisions relating to the compensation of the clerk.

HB 1142.

By Representative Ricketson of the 82nd:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Glascock County and providing in lieu thereof an annual salary, so as to change the provisions relating to the compensation of the chief deputy sheriff and deputy sheriffs.

HB 1145.

By Representative Hanner of the 131st:
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 establish ment, construction, financing, and operation of municipal port and terminal facilities in the City of Fort Gaines and Clay County.

HB 1146.

By Representative Hanner of the 131st:
A bill to continue in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment creating the Clay County Development Authority.

HB 1147. By Representative Hanner of the 131st:

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2343

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 Fort Gaines in Clay County to levy a tax not to exceed one mill for the purpose of promoting and encouraging the location of new industries in the City of
Fort Gaines.

HB 55. By Representative Robinson of the 58th:
A bill to amend Code Section 53-6-23 of the Official Code of Georgia Anno tated, relating to residency requirements for administrators generally, so as to authorize aliens lawfully admitted to the United States for permanent residence to be made administrators under certain conditions.

HB 56. By Representative Robinson of the 58th:
A bill to amend Article 21 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Buying Services Act of 1975", so as to pro vide that contracts shall advise purchasers regarding cancellations by certi fied mail; to change provisions relating to the applicability of the "Georgia Administrative Procedure Act"; to provide that certain violations shall be violations of the "Fair Business Practices Act".

HB 155. By Representative Greene of the 130th:
A bill to amend Code Section 15-12-40 of the Official Code of Georgia Anno tated, relating to jury lists, compilation and revision, and procedures, so as to change the method of selecting jurors and grand jurors in certain counties.

HB 189. By Representatives Thompson of the 20th, Bailey of the 72nd, Thomas of the 69th, Chambless of the 133rd, Waldrep of the 80th and others:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to change the penalties for certain sexual offenses; to provide for minimum mandatory sentencing of persons convicted of certain sexual offenses against minors.

HB 222. By Representatives Robinson of the 96th and Porter of the 119th:
A bill to amend Code Section 10-1-442 of the Official Code of Georgia Anno tated, relating to applications and fees for the registration of trademarks and service marks, so as to change the amount of the filing fee for such applica tions.

HB 232. By Representatives Padgett of the 86th, Ransom of the 90th, Cheeks of the 89th, Brown of the 88th, Walker of the 85th and others:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "Statewide Probation Act", so as to pro vide that any county probation system, including any state court adult probation system, may become a part of the state-wide probation system.

HB 247. By Representatives Murphy of the 18th, Mangum of the 57th, Ray of the 98th, Cummings of the 17th, Long of the 142nd and others:
A bill to amend Code Section 20-2-915 of the Official Code of Georgia Anno tated, relating to coverage for retiring public school employees and their dependents under the public school employees health insurance plan, so as

2344

JOURNAL OF THE HOUSE,

to authorize coverage under said health insurance plan for retired former public school employees and their spouses and dependent children.

HB 433. By Representatives Athon of the 57th and Childers of the 15th:
A bill to amend Code Section 43-7A-12 of the Official Code of Georgia Anno tated, relating to education, experience, and training requirements for licensure in social work, so as to change certain experience requirements.

HB 538. By Representative Pettit of the 19th:
A bill to amend Code Section 36-9-3 of the Official Code of Georgia Anno tated, relating to the procedures for the sale or disposition of county real property generally, so as to allow a private sale at fair market value of tracts of land containing less than 20,000 square feet; to provide for notice of intent to make such sales.

HB 540. By Representatives Smyre of the 92nd, Benefield of the 72nd and Lawson of the 9th:
A bill to amend Code Section 46-10-9 of the Official Code of Georgia Anno tated, relating to the date on which the laws relating to the consumers' util ity counsel shall be repealed, so as to change the date on which the laws relating to the consumers' utility counsel shall be repealed.

HB 585. By Representative Randall of the 101st:
A bill to amend Code Section 15-10-27 of the Official Code of Georgia Anno tated, relating to continuation of certain county civil court officials as magis trate court officials, so as to provide that a civil court judge who appoints an attorney or another trial judge to act as judge pro tempore of the civil court may provide that the attorney or judge so appointed shall also serve as magistrate pro tempore for the magistrate court.

HB 610. By Representative Crosby of the 150th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxation, so as to provide a monetary penalty against any public utility company which fails to file a timely tax return.

HB 611. By Representative Crosby of the 150th:
A bill to amend Code Section 48-2-18 of the Official Code of Georgia Anno tated, relating to the State Board of Equalization, so as to change the time allowed for the state revenue commissioner to notify taxpayers of their pro posed assessments.

HB 720. By Representative Pinkston of the 100th:
A bill to amend Article 6 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to business development corporations, so as to increase the maximum amount of certain loans that members may make to business development corporations; to modify the manner in which calls for member loans made by a business development corporation shall be appor tioned among its members.

HB 729. By Representative Bray of the 91st:

THURSDAY, MARCH 12, 1987

2345

A bill to amend Code Section 53-5-20 of the Official Code of Georgia Anno tated, relating to conveyance or encumbrance by a surviving spouse of certain property set apart under year's support, so as to provide that such convey ance or encumbrance shall be approved by the judge of the probate court of the county in which the year's support award was made.

HB 800. By Representative Thomas of the 69th:
A bill to amend Code Section 42-8-35.1 of the Official Code of Georgia Anno tated, relating to a condition of probation known as special alternative incar ceration, so as to provide that a trial judge may specify such condition in any probated sentence of not less than one year.

HB 836. By Representatives Wood of the 9th, Watson of the 114th and Bargeron of the 108th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to the regulation of insurance generally, so as to provide procedures for cancellation of insurance policies at the request of an insured; to provide for cancellations of policies for failure of the named insured to pay premiums when due and cancellation of policies which have been in effect less than 60 days.

HB 839. By Representatives Childers of the 15th, Murphy of the 18th and Watson of the 114th:
A bill to amend Article 6 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to peer review groups, so as to amend the defini tion of the term "professional health care provider" to include rehabilitation suppliers.

HB 843. By Representative Groover of the 99th:
A bill to amend Code Section 50-16-17 of the Official Code of Georgia Anno tated, relating to the authorizing of units or instrumentalities of government to act as parties in courts in cases pertaining to property, so as to clarify that such cases pertain to real property.

HB 874. By Representative Connell of the 87th:
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 special license plates to commemorate the founding of the Medical College of Georgia.

HB 897. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to authorize the State Personnel Board to contract with the Georgia Agrirama Development Authority for the inclusion in the health insurance plan of employees of the authority and their spouses and dependent children.

HB 913. By Representatives Thompson of the 20th and Walker of the 115th:
A bill to amend Chapter 1 of Title 19 of the Official Code of Georgia Anno tated, relating to general provisions affecting domestic relations, so as to pro vide for a child abuse protocol among county agencies and offices.

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

HR 166. By Representatives Martin of the 26th, Orrock of the 30th, Hamilton of the 124th, Prichard of the 8th, Richardson of the 52nd and others:
A resolution directing the Department of Human Resources to prepare a report for the General Assembly on the impact of Acquired Immune Defi ciency Syndrome (AIDS), AIDS Related Complex (ARC), and Human Immunodeficiency Virus (HIV) on the State of Georgia and the state's health care delivery system and to make recommendations.

The Senate has adopted the report of the Committee of Conference on the following Bill of the House:

HB 43. By Representatives Steinberg of the 46th, Lee of the 72nd, Walker of the 115th, Smyre of the 92nd, Robinson of the 58th and others:
A bill to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving invasion of pri vacy, so as to provide that it shall be a criminal offense to use or allow use of certain automatic telephone dialing and announcing equipment for pur poses of soliciting sales and certain other commercial purposes.

The Senate has agreed to the House amendments to the following Bills of the Senate:

SB 266. By Senators Engram of the 34th and Garner of the 30th:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, known as the "Handicapped Parking Law," so as to change the manner in which handicapped parking places are desig nated; to provide for implementation.

SB 277. By Senator Deal of the 49th:
A bill to amend an Act establishing the State Court of Hall County, as amended, so as to change the terms of said court.

The Senate has agreed to the House substitutes to the following Bills of the Senate:

SB 106. By Senator Kidd of the 25th:
A bill to amend Code Section 15-16-20 of the Official Code of Georgia Anno tated, relating to the minimum annual salaries of sheriffs, so as to change the minimum annual salaries of the sheriffs; to provide an effective date.

SB 121. By Senators Barnes of the 33rd, McKenzie of the 14th and Dean of the 31st:
A bill to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to parent and child relationships, so as to pro vide for the reporting of actual or suspected juvenile drug use; to provide for immunities and exemptions; to provide for criminal penalties; to amend Arti cle 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to records of child abuse and deprivation, so as to provide that such article shall apply to child controlled substance or marijuana abuse.

THURSDAY, MARCH 12, 1987

2347

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

HB 1035.

By Representatives McDonald of the 12th, Murphy of the 18th and Walker of the 115th:
A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions affecting the Geo. L. Smith II Georgia World Congress Center, so as to authorize the Geo. L. Smith II Georgia World Congress Center Authority by contract to exercise its corpo rate powers with respect to convention and trade show facilities of counties, municipalities, and local authorities.

HB 1036. By Representatives McDonald of the 12th, Murphy of the 18th and Walker of the 115th:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Anno tated, relating to the Department of Community Affairs, so as to confirm and provide that the Department of Community Affairs shall have the authority to make grants to counties and municipalities, or combinations thereof, for projects and purposes to the extent and for purposes set forth in appropria tions to the department.

The President ruled that the following Bill of the House could not be considered by the Senate because of the provisions of 28-5-42 of the O.C.G.A., which provides that no Bill having significant impact on anticipated revenues or expenditures can be introduced after the twentieth day of any session:

HB 882. By Representatives Crosby of the 150th and Murphy of the 18th:
A bill to amend Code Section 49-4-6 of the Official Code of Georgia Anno tated, relating to reserves, income, and resources to be disregarded in calcu lating public assistance benefits, so as to change provisions relating to disregarded income.

Representative Pannell of the 122nd moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the Senate:

SB 342. By Senator Barnes of the 33rd:
A bill to amend Code Section 31-7-71 of the Official Code of Georgia Anno tated, relating to definitions in the "Hospital Authorities Law," so as to include in the definition of "project" insurance of every type and description; to provide an effective date.

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

N Aaron
Y Adams,G Y Adams.M
Aiken YAlford
Alien
Athon Y Atkins Y Bailey N Balkcom N Bannister
Bargeron

Y Barnett,B
N Barnett.M Y Beck Y Benefield YBenn N Birdsong
Y Bishop Y Bostick
Branch Bray Y Brooks Y Brown

Y Buck
Y Buford Y Byrd
Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L

N Colbert
Coleman Colwell Y Connell Cooper Y Couch
Cox Y Crawford
Crosby Cummings Y Davis.G N Davis,M

Y Diion
N Dobbs Y Dover N Dunn Y Edwards Y Felton
Y Floyd Foster Galer
Y Godbee Y Goodwin N Green

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JOURNAL OF THE HOUSE,

N Greene Y Greer
Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty YHays Y Heard Y Hensley Y Herbert Y Holcomb
Holmes Y Hooks Y Hudson
isakson Y Jackson,J Y Jackson.W N Jamieson Y Johnson,D Y Johnson ,R Y Kilgore

Y Kingston Lane.D Lane.R
Y Langford Y Lawler
N Lawrence Y Lawson YLee Y Linder
Long Lord Lucas Y Lupton Mangum
Y Martin Y McDonald Y McKelvey
McKinney Milam Y Milford Mobley N Moody N Moore N Morton

Mostiler
N Moultrie N Mueller Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish N Patten Y Peters
Pettit Phillips Pinkston Y Pittman
Porter Y Powell
N Prichard Y Rainey Y Ramsey.T N Ramsey.V Y Randall Y Ransom
Ray

On the motion, the ayes were 109, nays 23. The motion prevailed.

Y Reaves Y Redding
Y Richardson Y Ricketson
Robinson.C Y Robinson.P Y Royal
Y Selman N Shepard Y Sherrod
Simpson Y Sinkfield Y Sizemore Y Smith.L Y Smith.P
Smith.T Y Smith, W
Smyre YSnow Y Stancil Y Stanley
Steinberg Y Stephens Y Thomas.C

Thomas.M Y Thompson
Thurmond Townsend Triplet! Twiggs
Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder N Williams.B Y Williams,J
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 amendments thereto:

HB 1035. By Representatives McDonald of the 12th, Murphy of the 18th and Walker of the 115th:
A bill to amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions affecting the Geo. L. Smith II Georgia World Congress Center, so as to authorize the Geo. L. Smith II Georgia World Congress Center Authority by contract to exercise its corpo rate powers with respect to convention and trade show facilities of counties, municipalities, and local authorities.

The following Senate amendment was read:

Amend HB 1035 by adding in the title on line 24, page 1, between the word and symbol "subdivisions;" and the word "to" the following:
"to limit the provision of such services and the exercise of such powers to two years or less to any one recipient or combination of recipients within any 50 year period;".
By inserting on line 32 of page 3, between the word and symbol "project." and the word "Any", the following:
"The authority shall not provide such goods and services or exercise such powers for any one recipient or combination of recipients for more than two years within any 50 year period."

Representative McDonald of the 12th moved that the House disagree to the Senate amendment to HB 1035.
The motion prevailed.

HB 1036. By Representatives McDonald of the 12th, Murphy of the 18th and Walker of the 115th:

THURSDAY, MARCH 12, 1987

2349

A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Anno tated, relating to the Department of Community Affairs, so as to confirm and provide that the Department of Community Affairs shall have the authority to make grants to counties and municipalities, or combinations thereof, for projects and purposes to the extent and for purposes set forth in appropria tions to the department.

The following Senate amendment was read:

Amend HB 1036 by adding in the title on line 18, page 1, between the word and symbol "trade;" and the word "to" the following:
"to prohibit grants for carpet exposition centers;".
By inserting between lines 26 and 27 of page 2 a new subsection (c) to read as follows:
"(c) Notwithstanding subsection (a) and subsection (b) of this Code section, the department shall not make any grant for a carpet exposition center or for promoting the manufacture or sale of carpet, or any grant the intent or effect of which is to free funds, directly or indirectly, for any such purpose."

Representative McDonald of the 12th moved that the House disagree to the Senate amendment to HB 1036.
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 113. By Senator Deal of the 49th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to torts in general, so as to provide a qualified immunity from civil liability for persons serving as directors, officers, and trustees of certain nonprofit organizations.

The following Senate amendment was read:

Amend the House substitute to SB 113 by striking from line 20 of page 2 and from line 25 of page 2 the following:
"other".

Representative Chambless of the 133rd moved that the House disagree to the Senate amendment to the House substitute to SB 113.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 327. By Representatives Walker of the 115th, Padgett of the 86th, Groover of the 99th, Crosby of the 150th, Reaves of the 147th and others:
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 agricultural purposes, so as to change the penalties

2350

JOURNAL OF THE HOUSE,

imposed for the breach of a covenant to maintain preferentially assessed property in bona fide agricultural purposes.

The following Senate amendment was read:

Amend HB 327 by inserting on page 4, line 19, following the word "debt", the follow ing:
"or the property is conveyed to the lienholder without compensation and in lieu of foreclosure,".

Representative Walker of the 115th moved that the House agree to the Senate amend ment to HB 327.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G
Adams,M Y Aiken Y Alford Y Alien Y Athon
Atkins Y Bailey Y Balkcom
Bannister
Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks
Brown YBuck
Buford YByrd Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L

Colbert
Y Coleman Colwell Connell
Y Cooper Y Couch
YCox
Y Crawford Y Crosby Y Cummings Y Davis,G Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster
Galer Y Godbee
Goodwin Y Green
Y Greene Y Greer
Gresham Y Griffin
Groover Hamilton Manner Harris Y Hasty YHays Heard Hensley

Y Herbert Y Holcomb Y Holmes
Y Hooks Y Hudson Y Isakson Y Jackson,J
Jackson, W Jamieson Y Johnson,D Y Johnson,R Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Lawler Y Lawrence Y Lawson YLee Y Linder
Long YLord
Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Milam Y Milford Mobley Y Moody Y Moore Y Morton

On the motion, the ayes were 136, nays 0. The motion prevailed.

Mostiler
Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters
Pettit Y Phillips
Pinkston Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson
Robinson.C Y Robinson.P Y Royal
Selman Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith.L Y Smith.P
Smith.T
Y Smith,W YSmyre YSnow Y Stancil Y Stanley
Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Townsend
Triplett Y Twiggs
Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams.B Y Williams,J
Wilson Y Wood
Y Workman Y Yeargin Y Young
Murphy.Spkr

Representative Goodwin of the 63rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 387. By Representatives Murphy of the 18th, McDonald of the 12th, Connell of the 87th, Thomas of the 69th, Walker of the 115th and others:

THURSDAY, MARCH 12, 1987

2351

A bill to amend Code Section 28-4-2 of the Official Code of Georgia Anno tated, relating to the general powers and duties of the Legislative Services Committee, so as to change the provisions relating to audits.

Representative McDonald of the 12th moved that the House insist on its position in disagreeing to the Senate amendment to HB 387 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, Walker of the 115th and Connell of the 87th.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

HB 462. By Representatives Milam of the 81st, Ware of the 77th, Bostick of the 138th, Rainey of the 135th, Richardson of the 52nd and others:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related insti tutions, so as to provide that neither a medical facility nor a licensed medical practitioner shall prohibit a person from providing blood donors to furnish blood which may be needed by such person in previously scheduled surgery or medical treatment.

The following Senate substitute was read:

A BILL
To amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, 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 pro vide that the medical facility may utilize its regular source of blood if an insufficient amount is donated; to provide for the retention of excess blood; to provide exceptions; to provide for immunity; to provide for short-term blood donor storage programs; 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 Anno tated, 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 treat ment, provided that:
(1) The blood donation will not be detrimental to the donor or the recipient of such blood or any of its components; and
(2) The donation is made not earlier than ten working days before the date of the anticipated transfusion and not later than the evening of the fourth full working day before the date of the anticipated transfusion.

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JOURNAL OF THE HOUSE,

(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. If less blood than the amount that is furnished by the provided donor or donors is used in the surgery or medical treat ment, then the excess blood may be retained by the medical facility or turned over to a community blood bank.
(c) This Code section shall not apply to any emergency surgical or medical treat ment.
(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 or to any medical facility which allows through a community blood bank a person to pro vide a blood donor or donors to furnish blood which may be needed in the person's sur gery or medical treatment.
(e) This Code section shall not apply to any person who is under the jurisdiction of the Department of Corrections.
(f) A medical facility or licensed medical practitioner providing health care to a person who utilizes the provisions of this Code section shall not be liable in damages for injury or death occurring during or as a result of the medical or surgical treatment if the injury or death results from use of the blood supplied by the donors selected by the patient, unless that facility or practitioner is grossly negligent with regard to such use.
(g) A medical facility or group of medical facilities may organize and operate shortterm blood donor storage programs for the purpose of perpetuating a group of donors of a common blood type for emergency and planned surgical needs."
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 Milam of the 81st moved that the House agree to the Senate substi tute to HB 462.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams,G Y Adams.M
Aiken YAlford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield
Benn
Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks
Brown
Buck YBuford
Byrd Y Carrell
Y Carter Y Chambless Y Chance

Y Cheeks Y Childere Y Childs Y Clark.B Y Clark,L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Couch YCoi Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis,M Y Diion
Dobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Green Y Greene Y Greer

Gresham Y Griffin
Groover Hamilton Hanner Y Harris Y Hasty YHays Heard Hensley Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson,D Y Johnson.R Y Kilgore Y Kingston Y Lane,D Y Lane.R YLangford Lawler Y Lawrence YLawson YLee Y Under

YLong Lord
Lucas Y Lupton Y Mangum Y Martin
McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley Y Moody
Moore Y Morton
Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter

Y Powell Y Prichard
YRainey YRamsey.T Y Ramsey.V
Randall Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson
Robinson,C Y Robinson,? Y Royal YSelman Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L Y Smith,?
Smith,T Y Smith.W
Smyre YSnow Y Stancil Y Stanley
Steinberg Stephens

THURSDAY, MARCH 12, 1987

2353

Y Thomas.C Thomas.M
Y Thompson Thurmond
Y Townsend

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
Wilson

Y Wood Y Workman
Y Yeargin Y Young
Murphy,Spkr

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

HB 455. By Representatives Lee of the 72nd, Couch of the 40th and Benn of the 38th:
A bill to amend Code Section 6-3-25 of the Official Code of Georgia Anno tated, relating to powers of political subdivisions as to the operation of air ports, so as to provide that such political subdivisions shall have the authority to lease portions of such property for an initial term of up to 50 years to private parties for development of such property for all airport and travel related purposes.

The following Senate substitute was read:

A BILL
To amend Code Section 6-3-25 of the Official Code of Georgia Annotated, relating to powers of political subdivisions as to the operation of airports, so as to provide that such political subdivisions shall have the authority to lease portions of such property lying within any county having a population of 550,000 or more persons for an initial term of up to 50 years to private parties for development of such property for hotels and related facilities, conference centers, office buildings, and commercial and retail uses, and other similar airport and travel related purposes; to provide that a lessee acquires a taxable estate for years and not a nontaxable usufruct; to provide exceptions to such leasing authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 6-3-25 of the Official Code of Georgia Annotated, relating to powers of political subdivisions as to the operation of airports, is amended by striking the period at the end of paragraph (3) and inserting in its place "; and" and by adding at the end of said Code section a new paragraph, to be designated paragraph (4), to read as follows:
"(4) Lease portions of such property lying within any county having a population of 550,000 or more persons according to the United States decennial census of 1980 or any future such census for an initial term of up to 50 years, and to extend such leases, to private parties for development of such property for hotels and related facilities, conference centers, office buildings, commercial and retail uses, and other similar airport and travel related purposes, provided that:
(A) A lease under this paragraph shall expressly grant and convey to the lessee a taxable estate for years in both the property and any improvements upon such property as may be constructed and shall not grant or convey a nontaxable usufruct in either the property or the improvements upon such property; and
(B) The leasing authority granted under this paragraph shall not extend to prop erty acquired for airport noise mitigation purposes pursuant to the former Airport and Airway Development Act of 1970 (49 U.S.C. Section 1701, et seq.), as amended, or the Airport and Airway Improvement Act of 1982 (49 U.S.C. Section 2201, et seq.), as amended."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

2354

JOURNAL OF THE HOUSE,

Section 3. 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 Senate substitute to HB 455.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M
Aiken Y Alford Y Alien YAthon Y Atkins Y Bailey YBalkcom Y Bannister Y Bargeron
Y Bamett,B Y Barnett.M
YBeck Y Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch Bray Y Brooks Brown Buck Y Buford YByrd YCarrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers YChilds Y Clark.B Clark,L

Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Couch YCo* Y Crawford Y Crosby Y Cummings
Davis.G Y Davis.M Y Dixon
Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler Y God bee Y Goodwin Y Green Y Greene YGreer
Gresham Y Griffin
Groover Hamilton Y Manner Y Harris Y Hasty Hays Y Heard Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks
Y Hudson Ylsakson
Jackson,J Y Jackson,W Y Jamieson
Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford
Lawler Y Lawrence
Lawson
YLee Y Linder
Long YLord
Lucas Y Lupton
Mangum Y Martin Y McDonald Y McKelvey
McKinney Milam Y Milford
Y Mobley Y Moody Y Moore Y Morion

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

Mostiler Y Moultrie
Y Mueller Y Oliver Y Orrock
Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T
Ramsey.V YRandall Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson
Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfleld

Sizemore Y Smith.L Y Smith,?
Smith.T Y Smith,W
Smyre Snow Y Stancil Y Stanley Y Steinberg Stephens Y Thomas.C Y Thomas.M Y Thompson Thurmond Y Townsend Y Triplett 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
Wilson Wood Y Workman Y Yeargin Y Young Murphy,Spkr

HB 197. By Representatives Pannell of the 122nd, Steinberg of the 46th, Hooks of the 116th, Chambless of the 133rd, Isakson of the 21st and others:
A bill to amend Part 3 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving the sale or distri bution of harmful materials to minors, so as to provide that certain descrip tions or representations of aggravated violence are harmful to minors; to provide a definition; to provide that it shall be unlawful to sell, loan, or otherwise disseminate to a minor certain materials containing aggravated vio lence.

The following Senate substitute was read:

A BILL
To amend Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Anno tated, relating to obscenity and related offenses, so as to provide for offenses involving the sale or distribution of materials which are harmful to minors; to provide legislative intent;

THURSDAY, MARCH 12, 1987

2355

to provide definitions; to declare unlawful the sale, loan, or other dissemination to a minor, without the censent of a parent or legal guardian, of materials which are harmful to minors; to declare unlawful the sale or furnishing of admission to a minor, without the consent of a parent or legal guardian, to premises whereon there is an exhibition or pre sentation of depictions which are harmful to minors; to prohibit false representations with the intent to procure certain materials or admission; to provide limitations regarding parental consent; to provide penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Anno tated, relating to obscenity and related offenses, is amended by striking in its entirety Part 3, relating to the sale or distribution of harmful materials to minors, and inserting in its place a new Part 3 to read as follows:
"Part 3
16-12-101. The General Assembly finds that the sale, loan, and exhibition or other dissemination of harmful materials which, without the individual judgment of parents, are harmful to minors has become a matter of increasingly grave concern to the people of this state. The elimination of such sales, loans, and exhibition other disseminations and the consequent protection of minors from harmful materials are in the best interest of the morals and general welfare of the citizens of this state in general and of minors in this state in particular. The accomplishment of these ends can best be achieved by providing public prosecutors with an effective power to commence criminal proceedings against persons who engage in the sale, loan, or exhibition dissemination of harmful materials which are harmful to minors.
16-12-102. As used in this part, the term: (1) 'Harmful to minors' means that quality of description or representation, in
whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:
(A) Taken as a whole, predominantly appeals to the prurient, shameful, or morbid interest of minors;
(B) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and
(C) Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors. (2) 'Knowingly' means having a general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:
(A) The character and content of any material described in this part which is reasonably susceptible to examination by the defendant; and
(B) The age of the minor; provided, however, that an honest mistake shall con stitute an excuse from liability in this part if the defendant made a reasonable, bona fide attempt to ascertain the true age of such minor. (3) 'Minor' means a person less than 18 years of age. (4) 'Sadomasochistic abuse' means actual or simulated flagellation or torture by or upon a person who is nude, clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained by one so clothed or nude. (5) 'Sexual conduct' means actual or simulated acts of masturbation, homosexuality, sexual intercourse, or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such be female, breasts. (6) 'Sexual excitement' means the condition of human male or female genitals when in a state of sexual stimulation or arousal. (7) 'Sexually explicit nudity' means a state of undress so as to expose the human male or female genitals, pubic area, or buttocks with less than a full opaque covering,

2356

JOURNAL OF THE HOUSE,

or the showing of the female breast with less than a fully opaque covering of any por tion thereof below the top of the nipple, or the depiction of covered or uncovered male genitals in a discernibly turgid state. 16-12-103. (a) It shall be unlawful for any person without the consent of a parent or legal guardian knowingly to sell or loan for monetary consideration or otherwise fur nish or disseminate to a minor:
(1) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harm ful to minors; or
(2) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraph (1) of this subsection, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors.
(b) It shall be unlawful for any person without the consent of a parent or legal guardian knowingly to sell or furnish to a minor an admission ticket or pass or know ingly to admit a minor to premises whereon there is exhibited a motion picture, show, or other presentation which, in whole or in part, depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors or exhibit any such motion picture at any such premises which are not designed to prevent viewing from any public way of such motion picture by minors not admitted to any such premises.
(c) It shall be unlawful for any minor falsely to represent to any person mentioned in subsection (a) or subsection (b) of this Code section or to his agent that such minor is 18 years of age or older with the intent to procure any material set forth in subsection (a) of this Code section or with the intent to procure such minor's admission to any motion picture, show, or other presentation, as set forth in subsection (b) of this Code section.
(d) It shall be unlawful for any person knowingly to make a false representation to any person mentioned in subsection (a) or subsection (b) of this Code section or to his agent that he is the parent or legal guardian of any minor or that any minor is 18 years of age or older with the intent to procure any material set forth in subsection (a) of this Code section or with the intent to procure such minor's admission to any motion picture, show, or other presentation, as set forth in subsection (b) of this Code section.
\G) tt 9nQ.li "Be uniftwtui ior flny person Knowingly to exniDit, expose, or uispifty m pttfelte at newsstands er any ether business er commercial establishment or at any ether public place frequented by minors er where minors ate er may be invited as pert ef the general public;
\A/ Any picture, pnovOgrQpn, QTAWIH^, sculpture? motion picture tiling of simiisr visual representation er knage of a person or portion ef the human body which depicts sexually explicit nudity, acxual conduct, er sadomasochistic abuse and which is harmtui to minors? OP
\ET /\ny DOOK, psmpniet m&[&2mef printed mfttter nowever reppoduced, of sonnet recording which contains any matter enumerated in paragraph Q) e -this subsection, er explicit and detailed verbal descriptions er narrative accounts ef sexual excitement, 9CXUQ1 conduct, of sfldomssocftis11c flouse tnd wnicn, t&Ken ds ft wholej ts fiflpmtui to minors*
1i.Oft~ 1J9-^~1 lCU\At. T1 K1InC [r7\TT-UrnVrlianliUnIn1r9i Onrf ^V/OwU4Cn O QQC/t-+LilnUnll L1 f^l m 1Lp m 1i\AJOO SnVllianllll rIl\fU\+t nnij-/nJ-\Jlmiyr jt-Ojy a--l-l.y-. i[-JM xl iIhjllIifVt
library operated by the state er any ef its political subdivisions ner te any library oper ated as a part of- any school, college, er university. A parent or legal guardian may con sent to the sale, loan, or other dissemination only of such pictures, books, motion pictures, visual presentations, or other materials or depictions which, without the appli cation of this part, would otherwise be lawful to disseminate to the public.
16-12-105. Any person who violates any provision of Code Section 16-12-103 er 16-12-104 shall be guilty of a misdemeanor of a high and aggravated nature."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

THURSDAY, MARCH 12, 1987

2357

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Pannell of the 122nd moved that the House agree to the Senate substi tute to HB 197.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M
Y Aiken Y Alford Y Alien YAthon Y Atkins Y Bailey Y Balkcpm Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch Bray Brooks Brown
YBuck Y Buford YByrd Y Carrel! Y Carter Y Chambless Y Chance
Cheeks Y Childers Y Childs
Clark.B Y Clark.L

Y Colbert Coleman
Y Colwell Y Connell
Cooper Couch YCox Crawford Y Crosby Y Cummings Y Davis,G Y Davis,M Y Dixon Y Dobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Foster Y Galer God bee Y Goodwin Y Green Y Greene YGreer Gresham Griffin
Groover Hamilton Y Manner Y Harris
Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb
Y Holmes Y Hooks Y Hudson Y Isakson
Jackson.J Y Jackson.W
Jamieson Y Johnson.D
Johnson.R
Y Kilgore Y Kingston YLane,D YLane,R Y Langford Y Lawler Y Lawrence
Lawson YLee Y Under
YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McDonald
Y McKelvey Y McKinney YMilam
Milford
Y Mobley Y Moody
Moore YMorton

On the motion, the ayes were 136, nays 0. The motion prevailed.

Mostiler Y Moultrie
Y Mueller Y Oliver Y Orrock
Y Padgett Y Pannell
Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman
Porter Y Powell Y Prichard Y Rainey Y Ramsey.T
Ramsey.V Y Randall Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson
Y Robinson,C Y Robinson.P
Y Royal Y Selman
YShepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith,L Y Smith,?
Smith.T
Y Smith.W Smyre
YSnow Y Stancil
Y Stanley Y Steinberg Y Stephens Y Thomas.C
Thomas.M Thompson Y Thurmond Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Walker.L Wall
Y Ware Y Watson Y Watts Y White
Wilder
Y Williams,B Y Williams,J
Wilson Wood Y Workman Y Yeargin Young Murphy,Spkr

HB 707. By Representative Pannell of the 122nd:
A bill to amend Article 2 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to hospital care for nonresident indigents, so as to provide that on and after July 1, 1987, hospitals shall not be required to comply with the provisions of Article 2 of Chapter 8 of Title 31 unless the General Assembly appropriates funds in an amount determined as the state wide cost of care for nonresident indigent patients.

The following Senate substitute was read:

A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the review of professional practices in a hospital or ambulatory surgical center for the purpose of reducing morbidity and mortality and for the improvement of the care of patients in the hospital or ambulatory surgical center; to provide that certain functions may be performed by a peer review committee or any other organization formed

2358

JOURNAL OF THE HOUSE,

pursuant to state or federal law and engaged by the hospital or ambulatory surgical center for the purpose of performing such functions; to require compliance with certain provisions as a condition for granting or renewing the permit of a hospital or ambulatory surgical center; to provide for regulations and supervision by the Department of Human Resources; to exempt proceedings and records from certain requirements; to grant immunity to pro fessional health care providers, review organizations, and their members or employees; to provide that a hospital or ambulatory surgical center shall not be required to grant certain privileges; to provide that on and after July 1, 1987, hospitals shall not be required to comply with the provisions of Article 2 of Chapter 8 of Title 31 unless the General Assem bly appropriates funds in an amount determined as the state-wide cost of care for nonresi dent indigent patients; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at the end of Article 1 of Chapter 7 thereof, relating to hospitals and related institutions, a new Code Section 31-7-14 to read as follows:
"31-7-14. (a) A hospital or ambulatory surgical center shall provide for the review of professional practices in the hospital or ambulatory surgical center for the purpose of reducing morbidity and mortality and for the improvement of the care of patients in the hospital or ambulatory surgical center. This review shall include, but shall not be limited to, the following:
(1) The quality of the care provided to patients as rendered in the hospital or ambulatory surgical center;
(2) The review of medical treatment and diagnostic and surgical procedures in order to foster safe and adequate treatment of patients in the hospital or ambulatory surgical center; and
(3) The evaluation of medical and health care services or the qualifications and professional competence of persons performing or seeking to perform such services. (b) The functions required by subsection (a) of this Code section may be performed by a 'peer review committee,' defined as a committee of physicians appointed by a state or local or specialty medical society or appointed by the governing board or medical staff of a licensed hospital or ambulatory surgical center or any other organization formed pursuant to state or federal law and engaged by the hospital or ambulatory surgical center for the purpose of performing such functions required by subsection (a) of this Code section. (c) Compliance with the above provisions of subsection (a) of this Code section shall constitute a requirement for granting or renewing the permit of a hospital or ambulatory surgical center. The functions required by this Code section shall be carried out under the regulations and supervision of the department. (d) Proceedings and records conducted or generated in an attempt to comply with the duties imposed by subsection (a) of this Code section shall not be subject to the provisions of either Chapter 14 or Article 4 of Chapter 18 of Title 50. (e) Nothing in this or any other Code section shall be deemed to require any hospital or ambulatory surgical center to grant medical staff membership or privileges to any licensed practitioner of the healing arts."
Section 2. Said title is further amended by striking Code Section 31-7-132, relating to immunity from liability of persons providing information and of members and employees, in its entirety and substituting in lieu thereof a new Code Section 31-7-132 to read as follows:
"31-7-132. (a) No professional health care provider nor any individual who serves as a member or employee of a professional health care provider or review organization nor any individual who furnishes counsel or services to a professional health care pro vider or review organization shall be held, by reason of the performance of peer review activities, to have violated any criminal law or to be civilly liable under any law unless he was motivated by malice toward any person affected by such activity.

THURSDAY, MARCH 12, 1987

2359

(b) No person, whether as a witness or otherwise, who provides information regard ing peer review to a professional health care provider or review organization shall be held, by reason of having provided such information, to have violated any criminal law or to be civilly liable under any law unless such information is false and the person pro viding it knew that such information was false."
Section 3. Said title is further amended by adding at the end of Article 2 of Chapter 8 thereof, relating to hospital care for nonresident indigents, a new Code section, to be designated Code Section 31-8-37, to read as follows:
"31-8-37. On and after July 1, 1987, hospitals shall not be required to comply with the provisions of this article unless the General Assembly appropriates funds in an amount determined as the state-wide cost of care for nonresident indigent patients as provided for in Code Section 31-8-36."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval except that Section 3 of this Act shall become effective on July 1, 1987.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Pannell of the 122nd moved that the House agree to the Senate substi tute to HB 707.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron Y Adams,G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron
Y Barnett,B Y Barnett.M
YBeck Y Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks
Brown
Buck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childere
Y Childs N Clark.B Y Clark.L

Y Colbert Y Coleman Y Colwell
Y Connell Cooper
Y Couch YCox Y Crawford Y Crosby Y Cummings Y Davis.G N Davis,M Y Dixon Y Dobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Green
Y Greene Y Greer
Gresham Y Griffin
Groover Y Hamilton
Manner Y Harris
Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks
Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson,D Y Johnson.R
Y Kilgore Y Kingston
Y Lane.D Y Lane.R Y Langford N Lawler Y Lawrence
Y Lawson YLee Y Under
YLong YLord
Lucas Y Lupton
Mangum Y Martin Y McDonald Y McKelvey Y McKinney
Milam Y Milford Y Mobley
Moody Moore Y Morton

On the motion, the ayes were 143, nays 5. The motion prevailed.

Mostiler Y Moultrie
Mueller Y Oliver
Y Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay
Reaves
N Redding Y Richardson
Ricketson Y Robinson.C Y Robinson,? Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith,L Y Smith,?
Smith.T Smith,W Smyre Y Snow Y Stancil
Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White
Wilder
Y Williams.B Y Williams,J
Wilson
Y Wood Y Workman
Y Yeargin
Young Murphy.Spkr

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

2360

JOURNAL OF THE HOUSE,

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

HB 732. By Representative Pittman of the 60th:
A bill to amend an Act creating a new charter for the City of Duluth, so as to provide a new charter for the City of Duluth.

HB 961. By Representatives Walker of the 85th and Padgett of the 86th:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.

HB 1143. By Representatives Lawler of the 20th and Hensley 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 following Resolution of the House was read and adopted:

HR 485. By Representatives Royal of the 144th, Murphy of the 18th, Walker of the 115th, Sherrod of the 143rd, Carter of the 146th and others:
A resolution recognizing Michael S. deVegter.

The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

HB 625. By Representatives Brown of the 88th, Randall of the 101st, Groover of the 99th, Bostick of the 138th, Pettit of the 19th and others:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the recovery of child support, so as to author ize the Department of Human Resources to request from certain state or local agencies or private employers certain information regarding persons owing or allegedly owing child support.

The following Senate amendment was read:

Amend HB 625 by adding after the semicolon on line 7 of page 1 the following:
"to amend an Act approved March 9, 1987 (1987 Act No. 163; H.B. 302), which Act amends Title 19 of the Official Code of Georgia Annotated, relating to domestic rela tions, by extensively revising provisions relating to enforcement and collection of child support and alimony, so as to change provisions relating to the effective date and appli cability of certain provisions of said Act; to provide effective dates;".
By renumbering Section 2 as Section 4 and inserting immediately prior thereto new Sections 2 and 3 to read as follows:
"Section 2. An Act approved March 9, 1987 (1987 Act No. 163, H.B. 302), which Act amends Title 19 of the Official Code of Georgia Annotated, relating to domestic rela tions, by extensively revising provisions relating to enforcement and collection of child support and alimony, is amended by striking Section 5 which reads as follows:

THURSDAY, MARCH 12, 1987

2361

'Section 5. This Act shall become effective on July 1, 1987. Section 1 of this Act shall apply with respect to divorce decrees entered on or after that date. Section 2 of this Act shall apply to process served on or after that date in both pending and new proceedings.',
and inserting in its place a new Section 5 to read as follows:
'Section 5. This Act shall become effective July 1, 1987. Section 1 of this Act shall apply to process served on or after that date in both pending and new proceedings.'
Section 3. Section 1 of this Act shall become effective July 1, 1987, and the remaining provisions of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."

Representative Brown of the 88th moved that the House agree to the Senate amend ment to HB 625.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick Y Branch
Bray
Y Brooks Y Brown
Buck Y Buford YByrd Y Carrell Y Carter Y Chambless
Chance Cheeks Y Childers Y Childs Y Clark.B Y Clark.L

Y Colbert Y Coleman Y Colwell Y Connell
Cooper Y Couch YCox Y Crawford Y Crosby Y Cummings
Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn
Edwards Y Felton
Floyd Y Foster
Galer Y Godbee Y Goodwin
Green Y Greene Y Greer Y Gresham Y Griffin
Groover Y Hamilton Y Hanner Y Harris Y Hasty YHays
Heard Y Hensley

Y Herbert
Y Holcomb Y Holmes Y Hooks
Hudson Y Isakson
Y JacksonJ Y Jackson.W
Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford
Lawler Y Lawrence
Lawson YLee Y Under
Long YLord
Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley Y Moody
Moore Y Morton

On the motion, the ayes were 141, nays 0. The motion prevailed.

Mostiler Y Moultrie
Mueller Y Oliver
Orrock Y Padgett Y Pannell Y Parham
Parrish Y Patten Y Peters Y Pettit
Phillips Pinkston Y Pittman Y Porter Y Powell Prichard Y Rainey Y Ramsey.T
Y Ramsey.V Y Randall Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson,P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield

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

HB 29. By Representatives Chambless of the 133rd, Thomas of the 69th, Waldrep of the 80th and Groover of the 99th:
A bill to amend Code Section 51-1-11 of the Official Code of Georgia Anno tated, relating to required privity to support tort actions and limitations on product liability actions, so as to provide that the ten-year period following a first sale which limits a product liability action shall also limit an action claiming negligence.

2362

JOURNAL OF THE HOUSE,

The following Senate substitute was read:

A BILL
To amend Code Section 51-1-11 of the Official Code of Georgia Annotated, relating to required privity to support tort actions and limitations on product liability actions, so as to provide that the ten-year period following a first sale which limits a product liability action shall also limit an action claiming negligence; to make certain exceptions; to provide for the applicability to the duty to warn; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 51-1-11 of the Official Code of Georgia Annotated, relating to required privity to support tort actions and limitations on product liability actions, is amended by adding at the end thereof a new subsection, to be designated subsection (c), to read as follows:
"(c) The limitation of paragraph (2) of subsection (b) of this Code section regarding bringing an action within ten years from the date of the first sale for use or consumption of personal property shall also apply to the commencement of an action claiming negli gence of a manufacturer as the basis of liability, except an action seeking to recover from a manufacturer for injuries or damages arising out of the negligence of such manu facturer in manufacturing products which cause a disease or birth defect, or arising out of conduct which manifests a willful, reckless, or wanton disregard for life or property. Nothing contained in this subsection shall relieve a manufacturer from the duty to warn of a danger arising from use of a product once that danger becomes known to the manu facturer."
Section 2. 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 29.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks
Brown Buck Y Buford YByrd Y Carrell Y Carter Y Chambless Chance Y Cheeks Y Childers

Y Childs Y Clark,B Y Clark,L
Y Colbert Coleman
Y Colwell Y Connell Y Cooper Y Couch YCox Y Crawford Y Crosby
Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
YDunn Y Edwards
Y Felton Y Floyd Y Foster
Galer YGodbee Y Goodwin Y Green Y Greene YGreer Y Gresham Y Griffin
Groover Y Hamilton

Y Manner Y Harris Y Hasty
YHays Heard
Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W
Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson YLee Y Linder
Long YLord
Lucas Y Lupton Y Mangum Y Martin

Y McDonald Y McKelvey Y McKinney
Milam Y Milford Y Mobley Y Moody
Moore Y Morton
Mostiler
Moultrie Y Mueller Y Oliver
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Pinkston Y Pittman Y Porter Y Powell Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay

Reaves Y Redding
Y Richardson Ricketson
Y Robinson,C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith,L Y Smith,P
Smith.T Y Smith,W
Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep Y Walker.C

THURSDAY, MARCH 12, 1987

2363

Walker.L Y Wall
Ware

Y Watson Y Watts
White

Wilder Y Williams.B
Y Williams^

On the motion, the ayes were 146, nays 0. The motion prevailed.

Wilson Y Wood
Y Workman

Y Yeargin Young Murphy,Spkr

HR 310. By Representatives Aiken of the 21st, Atkins of the 21st, Wilder of the 21st, Gresham of the 21st, Lawler of the 20th and others:
A resolution creating the Cobb County Court Consolidation Plan Study Committee.

The following Senate amendment was read:

Amend HR 310 by striking from line 16 of page 2 the following: "December 1", and inserting in lieu thereof the following: "December 15".

Representative Aiken of the 21st moved that the House agree to the Senate amend ment to HR 310.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister
Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks Y Brown YBuck Y Buford
Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B
Clark.L

Y Colbert Coleman Colwell Connell Cooper
Y Couch Cox
Y Crawford Crosby Cummings
Y Davis.G Y Davis,M
Dixon Y Dobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster Y Galer
Godbee Y Goodwin Y Green
Greene Y Greer Y Gresham Y Griffin
Groover Hamilton Y Manner
Y Harris Y Hasty YHays
Heard Hensley

Y Herbert Y Holcomb Y Holmes
Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W
Jamieson Johnson.D Y Johnson,R Y Kilgore Y Kingston YLane.D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder
YLong Lord Lucas
Y Lupton Y Mangum Y Martin
McDonald Y McKelvey Y McKinney
Milam Y Milford
Mobley Y Moody
Moore YMorton

On the motion, the ayes were 132, nays 0.

Mostiler Y Moultrie Y Mueller Y Oliver
Y Orrock Y Padgett Y Pannell Y Parham
Parrish Y Patten Y Peters Y Pettit
Phillips Pinkston Pittman
Y Porter Y Powell
Prichard
Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom YRay
Reaves Y Redding Y Richardson
Ricketaon Y Robinson,C Y Robinson,? Y Royal Y Selman
YShepard Y Sherrod Y Simpson
Sinkfield

Y Sizemore Y Smith.L Y Smith,P
Smith.T Y Smith,W
Smyre YSnow Y Stancil
Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs
Y Waddle Y Waldrep Y Walker.C
Walker.L YWall
Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams,J Wilson YWood Y Workman Y Yeargin Young Murphy,Spkr

2364

JOURNAL OF THE HOUSE,

The motion prevailed.

HB 460. By Representatives Hays of the 1st, Peters of the 2nd, Snow of the 1st, Walker of the 115th and Crawford of the 5th:
A bill to amend Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale of petroleum products, and Code Section 40-6-222 of the Official Code of Georgia Annotated, relating to handicapped parking permits, so as to provide for special disability permits; to require certain gasoline stations to dispense gasoline to holders of such permits at self-service prices under certain conditions.

The following Senate amendment was read:

Amend HB 460 by inserting between lines 11 and 12 of page 2 the following:
"However, in such cases, the employee shall not be required to provide any other service."

Representative Hays of the 1st moved that the House agree to the Senate amendment to HB 460.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Y Adams,G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch
YBray Y Brooks
Brown Buck Y Buford YByrd Y Carrell Y Carter Y Chambless Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L

Y Colbert
Coleman Y Colwell Y Connell Y Cooper Y Couch YCox Y Crawford
Crosby Y Cummings Y Davis,G Y Davis.M Y Dixon
Dobbs Y Dover
Dunn Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin
Groover Y Hamilton Y Banner Y Harris Y Hasty YHays
Heard Y Hensley

Herbert Y Holcomb Y Holmes Y Hooks Y Hudson
Y Isakson Jackson,J
Y Jackson,W Jamieson Johnson.D
Y Johnson,R Y Kilgore
Kingston Y Lane,D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Milam Y Milford Y Mobley Y Moody Moore Y Morton

Mostiler Moultrie Y Mueller Y Oliver
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal
Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield

On the motion, the ayes were 142, nays 0. The motion prevailed.

HB 201. By Representative Robinson of the 58th:

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

THURSDAY, MARCH 12, 1987

2365

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 "Pair Business Practices Act of 1975", so as to provide for definitions regarding promotional giveaways.

The following Senate amendment was read:

Amend HB 201 by striking lines 8 through 12 of page 4 and inserting in their place the following:
"(II) In the event that substantiation as described in subdivision (I) of this division is not readily available to the promoter or sponsor, no more than three times the amount which the promoter or sponsor has actually paid for the prize."
By striking from lines 16 and 17 of page 6 the following:
"In any case, the odds shall not be listed in any manner which has the capacity to",
and inserting in its place the following:
UuCl9 9nflll ROC Ofr 119160 frft ftliy tttftHWCl* WfllCfl ntS tft CftpflClty tO It tI16 OQQS Oj
winning a particular prize would not be accurately stated on the basis of the number of notices, then the odds may be stated in another manner, but must be clearly stated in a manner which will not".
By adding on lines 25 and 33 of page 10 between the words "person" and "reason ably", the following:
"j exercising ordinary diligence.".

Representative Robinson of the 58th moved that the House agree to the Senate amendment to HB 201.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams,G Y Adanw.M
Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron
Barnett.B Y Barnett.M
Beck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks Y Brown
Buck Y Buford YByrd
Carrell Y Carter
Chambless Chance N Cheeks Y Childers

Y Childs Clark.B
Y Clark.L Y Colbert
Coleman Y Colwell Y Connell Y Cooper Y Couch YCoi Y Crawford
Crosby Y Cummings
Davis.G N Davis.M
Dixon NDobbs Y Dover
Dunn Y Edwards
Felton Y Floyd Y Foster YGaler Y God bee Y Goodwin Y Green
Greene Greer Gresham Y Griffin Groover Hamilton

Y Hanner
Y Harris Y Hasty YHays
Heard Hensley
Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Ylsakson Y Jackson,J Y Jackson, W
Jamieson Johnson,D Y Johnson,R Y Kilgore Kingston YLane.D N Lane.R Y Langford Y Lawler Lawrence Y Lawson YLee Y Linder YLong Lord Lucas Y Lupton Mangum Y Martin

Y McDonald Y McKelvey Y McKinney
Milam
Milford Mobley Y Moody Moore Y Morton Mostiler Moultrie Y Mueller Y Oliver Y Orrock
Padgett Pannell Y Parham Y Parrish Y Patten Y Peters
Y Pettit Y Phillips
Pinkston Y Pittman
Y Porter Y Powell
Prichard
Y Rainey Ramsey.T Ramsey.V Randall
Y Ransom YRay

Reaves Y Redding Y Richardson
Ricketson Y Robinson,C Y Robinson,P Y Royal Y Selman
Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore
Smith.L
Y Smith,P Smith.T
Y Smith,W Smyre
YSnow Y Stancil Y Stanley
Steinberg Y Stephens Y Thomas,C Y Thomas,M Y Thompson
Thurmond Y Townsend Y Triplett YTwiggs Y Waddle
Y Waldrep Walker.C

2366

JOURNAL OF THE HOUSE,

Walker,L Y Wall
Ware

Y Watson Y Watts
White

Wilder
Y Williams.B Y Williams,J

Wilson Y Wood Y Workman

Y Yeargin Young
Murphy.Spkr

On the motion, the ayes were 117, nays 4. The motion prevailed.

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

HB 258. By Representative Richardson of the 52nd: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to revise comprehensively the laws relat ing to speech pathologists and audiologists.
The following Senate amendment was read:
Amend HB 258 by striking line 4 of page 8 and inserting the following: "The scope of his license or the performing of hearing testing."

Representative Richardson of the 52nd moved that the House agree to the Senate amendment to HB 258.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G
Adams.M
Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M
YBeck Y Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch Bray Y Brooks Y Brown Buck Y Buford YByrd Y Carrell
Y Carter Y Chambless Y Chance
Y Cheeks Y Childers
Y Childs N Clark.B Y Clark.L

Y Colbert Coleman
Y Colwell Y Connell Y Cooper
Y Couch YCox Y Crawford Y Crosby
Cummings Y Davis,G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin
Green
Y Greene Y Greer
Y Gresham Y Griffin
Groover Y Hamilton
Hanner Y Harris Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson
Y Isakson Y Jackson,J
Jackson.W Jamieson Y Johnson.D Y Johnson.R Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson Y Lee Y Linder YLong YLord Lucas Y Lupton Y Mangum
Y Martin McDonald
Y McKelvey Y McKinney
Milam Milford
Y Mobley Y Moody Y Moore Y Morton

On the motion, the ayes were 136, nays 1.

Mostiler Moultrie Y Mueller
Y Oliver Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Peters Y Pettit Y Phillips
Pinks ton Y Pittman Y Porter
Powell Y Prichard
Rainey Y Ramsey.T
Ramsey.V Y Randall
Ransom YRay Y Reaves Y Redding Y Richardson
Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

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

THURSDAY, MARCH 12, 1987

2367

The motion prevailed.

HB 797. By Representatives Lupton of the 25th and Hays of the 1st:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Anno tated, relating to access to and use of governmental and public buildings and facilities by physically handicapped persons, so as to redefine terms; to change provisions relating to standards for buildings and facilities.

The following Senate amendment was read:

Amend HB 797 by striking line 33 of page 7 and inserting the following: "van having an overall height not exceeding 108" and by striking line 6 of page 8 and inserting the following: "van driver."

Representative Lupton of the 25th moved that the House agree to the Senate amend ment to HB 797.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G
Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins
Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck
Benefleld YBenn
Birdsong Y Bishop Y Bostick
Branch
YBray Y Brooks Y Brown
Buck Y Buford YByrd Y Carrell 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 Couch YCox Y Crawford Y Crosby
Cummings
Y Davis.G Y Davis,M Y Dixon
Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer
YGodbee Y Goodwin Y Green
Y Greene Y Greer Y Gresham
Y Griffin Groover
Y Hamilton Y Manner
Y Harris Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb Y Holmes
Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson, W
Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston YLane,D Y Lane.R Y Langford N Lawler Y Lawrence Y Lawson
Lee Y Linder
YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey Y McKinney
Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Mostiler Y Moultrie Y Mueller Y Oliver
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T
Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson,? Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith.L
Y Smith,? Smith,T
Y Smith.W
Smyre YSnow
Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M
Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Walker.L Y Wall Ware Y Watson
Y Watts White
Y Wilder Williams.B
Y Williams,J Wilson
Y Wood Y Workman Y Yeargin
Young Murphy.Spkr

On the motion, the ayes were 150, nays 1. The motion prevailed.

HB 563. By Representatives Dover of the llth, Kilgore of the 42nd, Watson of the 114th, Hooks of the 116th, Foster of the 6th and others:

2368

JOURNAL OF THE HOUSE,

A bill to amend Code Section 48-13-51 of the Official Code of Georgia Anno tated, relating to the levy by counties and municipalities of an excise tax on charges to the public on rooms, lodgings, or accommodations, so as to increase the maximum rate of such taxes so long as a certain portion of the total taxes are used for certain purposes; to change the limitation on the maximum aggregate amount of taxes which under certain conditions may be levied.

The following Senate substitute was read:

A BILL
To amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms, lodgings, or accommodations, so as to change provisions relating to an exemption for accommodations furnished to government officials and employees traveling on official business; to require that a certain percentage of the taxes collected be expended for certain purposes; to increase the maximum rate of such taxes so long as a certain portion of the total taxes are used for certain purposes; to provide that such purposes shall be the pro motion of tourism, conventions, and trade shows and the support of certain convention and trade show facilities; to provide for the manner of expenditure through contracts with government and private nonprofit entities and otherwise; to change the limitation on the maximum aggregate amount of taxes which under certain conditions may be levied; to pro vide for different rates for such taxes during certain periods of time in certain counties and municipalities and for other matters pertaining thereto; to provide for determination of compliance and for audits; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms, lodgings, or accommodations, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) The governing authority of each county and of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodging, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county or municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of more than ten consecutive days or for use as meeting rooms. No tax shall be levied as pro vided in this Code section upon the fees or charges for any rooms, lodgings, or accom modations furnished for a period of five one or more consecutive days for use by Georgia state or local government officials or employees when traveling on official business. Ne Except as provided in paragraphs (3) and (4) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings, nor shall the aggregate amount of taxes levied upon the fees or charges for any rooms, lodgings, or accommo dations exceed 8 percent of the charge to the public for the furnishings.
(2) A county or municipality levying a tax as provided in paragraph (1) of this subsection shall in each fiscal year beginning on or after July lj 1987, expend for the purpose of promoting tourism, conventions, and trade shows a percentage of the total taxes collected under this Code section which is not less than the percentage of such tax collections expended for such purposes during the immediately preceding fiscal year. In addition, if during such immediately preceding fiscal year any portion of such

THURSDAY, MARCH 12, 1987

2369

tax receipts was expended for such purposes through a grant to or a contract or con tracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1^ 1987, at least the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 percent, as author ized under paragraphs (3) and (4) of this subsection; and m such case the expenditure requirements of paragraph (3) or (4) of this subsection shall apply instead.
(3) Notwithstanding the provisions of paragraph (1) of this subsection, a county or municipality may levy a tax under this Code section at a rate of 5 percent, and the aggregate amount of all taxes may be urj to 10 percent. A county or municipality levy ing a tax pursuant to this paragraph shall expend (in the fiscal year during which the tax is first collected at a rate in excess of 3 percent and at all times thereafter) an amount equal to the amount by which the total taxes collected under this Code section exceed the taxes which would be collected at a rate of 3 percent for the pur pose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1^ 1987, and tf such facility is substantially completed and m operation prior to July 1^ 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded in whole or in part by a grant of state funds; or (E) for some combination of such pur poses. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner.
(4) Notwithstanding any other provision of this subsection, a county having a population of more than 550,000 according to the 1980 decennial census or any future such census, or a municipality having a population of more than 400,000 according to the 1980 decennial census or any future such census may levy a tax under this Code section for one continuous three-year period at a rate of 6 percent, and the aggregate amount of all taxes during such three-year period may be up to 11 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected at a rate of 6 percent) an amount equal to at least 60 percent of the total taxes collected under this Code section for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1^ 1987, and if such facility js substantially completed and m operation prior to July 1^ 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded in whole or in part by a grant of state funds; or (E) for some combination of such pur poses. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so
expended in any otherwise lawful manner. Any county or municipality which has once
levied a tax pursuant to this paragraph (4) for a three-year period shall, at the end
of such period, be authorized to levy a tax in the manner and at the rate authorized

2370

JOURNAL OF THE HOUSE,

by any other applicable provisions of this Code section but shall not thereafter be authorized to again levy a tax under this paragraph (4).
(5) For purposes of this Code section, a 'private sector nonprofit organization' shall be a chamber of commerce, a convention and visitors bureau, a regional travel associa tion, or any other private group organized for similar purposes which is exempt from federal income tax under Section 501(c) of the Internal Revenue Code of 1986.
(6) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (3), or (4) of this subsection shall be made for each fiscal year beginning on or after July lj 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 36-81-7, and shall be determined by: (A) calculating the amount of funds expended or contractually committed for expenditure as provided in paragraph (2), (3), or (4) of this subsection, whichever is applicable, during the fiscal year; and (B) expressing such amount as a percentage of tax receipts under this Code section during such fiscal year. A county or municipality contractually expending funds to meet the expenditure requirements of paragraph (2), (3), or (4) of this subsection shall require the contract ing party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection.
(7) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than the required amounts, or all, of the total taxes col lected under this Code section for the purposes described in paragraphs (2), (3), and (4) of this subsection.
(8) Nothing in this Code section shall be construed to impair, or authorize or require the impairment of, any existing contract or contractual rights.
(9) Any action by a local governing authority to increase the tax imposed under this Code section above 3 percent shall become effective no sooner than the first day of the second month following its adoption by the local governing authority."
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 Dover of the llth moved that the House agree to the Senate substitute to HB 563.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M
Aiken YAlford
Alien YAthon Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks
Brown Buck Y Buford YByrd

Y Carrell
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
Couch YCox Y Crawford Y Crosby Y Cummings Y Davis.G
Y Davis.M Y Dixon
YDobbs Y Dover
Dunn Edwards Y Felton

Y Floyd Y Foster Y Galer
Y Godbee Y Goodwin Y Green
Y Greene YGreer
Gresham Y Griffin
Groover Y Hamilton Y Manner Y Harris
Y Hasty YHays
Heard
Y Hensley Herbert
Y Holcomb
Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson^J Y Jackson.W Y Jamieson

Y Johnson,D Y Johnson.R Y Kilgore Y Kingston
YLane,D YLane,R YLangford Y Lawler N Lawrence YLawson YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey Y McKinney
Milam
Y Milford Y Mobley
Y Moody Y Moore Y Morton

Mostiler Moultrie
Y Mueller Y Oliver Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell
Y Prichard Y Rainey Y Ramsey.T
Y Ramsey.V YRandall
Y Ransom YRay
Reaves Y Redding Y Richardson

THURSDAY, MARCH 12, 1987

2371

Y Ricketson Y Robinson.C Y Robinson,?
Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith,L Y Smith,P
Smith.T Y Smith,W
Smyre YSnow
Y Stancil Y Stanley

Y Steinberg Y Stephens Y Thomas,C Y Thomas.M Y Thompson Y Thurmond Y Townsend
Y Triplett Y Twiggs

On the motion, the ayes were 145, nays 1. The motion prevailed.

Y Waddle Y Waldrep
Walker.C Walker.L YWall
Ware Watson
Watts White

Wilder Y Williams,B Y Williams,J
Wilson Y Wood Y Workman Y Yeargin
Young Murphy,Spkr

HB 263. By Representative Watson of the 114th:
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 a franchisor to honor the transfer of a dealership by or through sale, a gift, a will, or the laws of descent and distribution, provided that the purchaser or successor meets the usual and customary conditions and requirements of a dealer as prescribed in writing by the franchisor.

The following Senate amendment was read:

Amend HB 263 by adding a comma "," after the word "dealer" on line 3 of page 2.
By adding on page 2 on line 6
the words "in writing" after the word "designated" the words "notice from" after the word "by" the words "to the producer or redistributor" after the word "dealer"
And by adding on page 3 on line 13 after the word "time" the words "of designation"

Representative Watson of the 114th moved that the House agree to the Senate amendment to HB 263.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams,M
Y Aiken YAlford
Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Bamett.M YBeck Y Benefield YBenn
Birdaong Y Bishop Y Bostick Y Branch
Bray Y Brooks Y Brown YBuck Y Buford YByrd

Y Carrel! Y Carter Y Chambless Y Chance
Y Cheeks Y Childere Y Childs Y Clark,B Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell
Cooper Couch YCox Y Crawford Y Crosby Y Cummings Y Davis,G Y Davis,M Y Diion YDobbs Y Dover Dunn Y Edwards Felton

Y Floyd Y Foster Y Galer Y Godbee
YGoodwin Y Green Y Greene Y Greer Y Gresham Y Griffin
Groover Y Hamilton Y Hanner Y Harris Y Hasty YHays
Heard Y Hensley
Herbert Y Holcomb Y Holmes
Hooks Y Hudson Ylsakson Y Jackson.J Y Jackson.W Y Jamieson

Johnson,D Y Johnson.R Y Kilgore Y Kingston
Y Lane,D Y Lane,R YLangford
Lawler Y Lawrence Y Lawson YLee
Y Under Long
YLord Y Lucas
Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Milam Y Milford Y Mobley Y Moody Moore Y Morton

Mostiler
Y Moultrie Y Mueller Y Oliver YOrrock
Y Padgett Y Pannell YParham Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinkston
Y Pittman Y Porter Y Powell
Y Prichard Y Rainey Y Ramsey.T
Ramsey.V YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson

2372

JOURNAL OF THE HOUSE,

Y Ricketson Y Robinson.C
YRobinson.P Y Royal Y Selman YShepard Y Sherrod Y Simpson YSinkfield

Y Sizeraore Y Smith.L
Y Smith,? Smith.T
Y Smith,W Smyre
Y Snow Y Stancil Y Stanley

Steinberg Y Stephens
Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs

On the motion, the ayes were 151, nays 0. The motion prevailed.

Y Waddle Y Waldrep
Walker.C Walker.L Y Wall Y Ware Y Watson Y Watts White

Y Wilder Y Williams.B
Y Williams,J Wilson
Y Wood Y Workman Y Yeargin
Young Murphy.Spkr

HR 92. By Representatives Childers of the 15th, Selman of the 32nd, Athon of the 57th, Hays of the 1st, Snow of the 1st and others:
A resolution urging the departments of state government and the State Per sonnel Board to adopt policies promoting the hiring of qualified, severly handicapped persons.

The following Senate substitute was read:

A RESOLUTION
Requesting the development of a formal policy promoting the employment of quali fied, severely disabled persons; and for other purposes.
WHEREAS, the opportunity for disabled persons to participate in the economic life of their community is needlessly restricted in the workplace; and
WHEREAS, the 1980 United States decennial census reports that there are 360,534 individuals in the State of Georgia of the working ages of 16-64, comprising 10.4 percent of the working-age population, who report one or more disabilities; and
WHEREAS, there are 125,246 such individuals participating in the labor force con tributing goods and services to the citizens of this state; and
WHEREAS, the State of Georgia realizes the valuable contributions made by disabled workers to the economic structure of the community and recognizes the dignity and worth that results when such individuals are able to return to the mainstream of economic selfsufficiency; and
WHEREAS, there is no established employment policy by the state reflecting the eco nomic and employment needs of thousands of severely disabled individuals who could become contributors within the labor force.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State of Georgia develop a formal policy to promote the employment of qualified, severely disabled persons and that a task force be established by the Governor to include personnel of the Division of Rehabilitation Services of the Department of Human Resources and of the State Merit System of Personnel Administration and repre sentatives of other agencies as deemed appropriate by the Governor for the purpose of creating such a policy.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit a copy of this resolution to Honorable Joe Frank Harris, Governor of the State of Georgia, to each agency head in the state government, and to each member of the State Personnel Board.

Representative Childers of the 15th moved that the House agree to the Senate substi tute to HR 92.

THURSDAY, MARCH 12, 1987

2373

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

Y Aaron Y Adams.G Y Adams,M Y Aiken Y Alford
Alien YAthon Y Atkins Y Bailey YBalkcom N Bannister
Bargeron Y Barnett.B N Barnett,M YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch
Bray Brooks Brown Buck Buford YByrd Carrell Y Carter Y Chambless
Chance Cheeks Y Childers Childs N Clark.B Y Clark.L

Y Colbert Coleman
Y Colwell Y Connell Y Cooper Y Couch YCox Y Crawford YCrosby Y Cummings Y Davis,G N Davis.M Y Diion Y Dobbs
Dover Dunn Y Edwards
Felton Y Floyd Y Foster
Galer YGodbee Y Goodwin Y Green Y Greene YGreer N Gresham
Y Griffin Groover
Y Hamilton Manner
Y Harris
Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb Y Holmes
Hooks
Y Hudson Y Isakson
Jackson,J Jackson.W Y Jamieson Johnson.D Y Johnson.R Y Kilgore Kingston YLane,D YLane,R Y Langford Y Lawler Lawrence Y Lawson YLee Y Under Long YLord Y Lucas Lupton Y Mangum Y Martin McDonald Y McKelvey Y McKinney Milam Y Milford Mobley Y Moody Moore N Morton

On the motion, the ayes were 120, nays 11. The motion prevailed.

Mostiler Y Moultrie N Mueller Y Oliver
YOrrock Y Padgett Y Pannell YParham YParrish Y Patten
Peters Y Pettit Y Phillips
Pinkston N Pittman
Porter Y Powell
Prichard Rainey YRamsey.T Ramsey.V YRandall Y Ransom YRay Y Reaves Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal YSelman NShepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith,L
Y Smith,P Smith.T
Y Smith,W Smyre
YSnow Y Stancil Y Stanley Y Steinberg Y Stephens
Y Thomas,C Y Thomas,M Y Thompson
Y Thurmond Y Townsend
Triplett YTwiggs Y Waddle Y Waldrep
Walker.C Y Walker.L N Wall YWare Y Watson Y Watts Y White Y Wilder
N Williams,B WiUiams,J Wilson
Wood Y Workman YYeargin
Young Murphy ,Spkr

HR 219. By Representatives Moore of the 139th, Mangum of the 57th, Dover of the llth, Athon of the 57th and Buck of the 95th:
A resolution creating the Joint Educational Assessment Study Committee.

The following Senate amendment was read:

Amend HR 219 by striking from line 24 of page 2 the following: "December 31,", and inserting in lieu thereof the following: "December 15,".
Representative Moore of the 139th moved that the House agree to the Senate amend ment to HR 219.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Adams.G Y Adams,M Y Aiken Y Alford

Alien Y Athon Y Atkins Y Bailey
Balkcom

Y Bannister Y Bargeron Y Barnett.B Y Barnett,M
YBeck

Y Benefield YBenn
Birdsong Y Bishop Y Bostick

Y Branch YBray
Y Brooks Brown Buck

2374

JOURNAL OF THE HOUSE,

Y Buford YByrd Y Carrell Y Carter Y Charobless
Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark.L Y Colbert
Coleman Y Colwell Y Connell Y Cooper Y Couch YCox Y Crawford
Y Crosby Y Cummings Y Davis.G Y Davis.M
Y Diion Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster

Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin
Groover Y Hamilton Y Manner Y Harris Y Hasty YHays
Heard Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson
Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane.R

Y Langford Y Lawler Y Lawrence
Lawson YLee
Y Under YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey Y McKinney
Milam Y Milford
Y Mobley Y Moody
Moore Y Morton
Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten

Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter
Y Powell Y Prichard Y Rainey Y Ramsey.T
Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfleld Y Sizemore Y Smith.L Y Smith.P
Smith.T Y Smith.W

On the motion, the ayes were 153, nays 0. The motion prevailed.

Smyre YSnow Y Stancil Y Stanley
Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Townsend
Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker,L Y Wall
Ware
Y Watson Y Watts Y White Y Wilder
Y Williams,B Y Williams,J
Wilson
YWood Y Workman
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 289. By Representative Pettit of the 19th:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Anno tated, relating to the jurisdiction of municipal courts, so as to authorize the municipal courts to try and dispose of a first offense violation of Code Section 3-3-21, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age.

The President has appointed on the part of the Senate the following: Senators Baldwin of the 29th, Edge of the 28th and Scott of the 2nd.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 290. By Representative Pettit of the 19th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings generally, so as to grant exclusive original jurisdiction in the juvenile court over certain traffic offenses committed by persons under 17 years of age; to provide that there

THURSDAY, MARCH 12, 1987

2375

shall be no exceptions to the jurisdiction of the juvenile court over these offenses.

The President has appointed on the part of the Senate the following: Senators Kidd of the 25th, Hudgins of the 15th and Walker of the 43rd.

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 209. By Senators Perry of the 7th, Ray of the 19th and Turner of the 8th:
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 five grams or more of pure cocaine, commonly known as "crack," shall consti tute a crime; to provide for penalties.

The President has appointed on the part of the Senate the following: Senators Perry of the 7th, Turner of the 8th and Kidd of the 25th.

The following Resolution of the House was read and adopted:

HR 486. By Representatives Dover of the llth and Murphy of the 18th:
A resolution commending and expressing appreciation to Mr. Jon Toorchen for his painting, "Courthouse Museum in Cleveland".

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

HB 811. By Representatives Isakson of the 21st, Wilder of the 21st, Atkins of the 21st, Gresham of the 21st and Aiken of the 21st:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehi cles, so as to authorize the local tag agents to charge an additional fee for the purchase of license plates or revalidation decals by mail.

The following Senate substitute was read:

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to the regula tion of motor vehicles and traffic, so as to authorize the governing authority of a county to waive the additional fee charged for the purchase of license plates or revalidation decals by mail; to exclude from the requirement of obtaining a certificate of title vehicles which are not sold for the purpose of lawful highway use; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to the regula tion of motor vehicles and traffic, is amended by striking Code Section 40-2-28, relating

2376

JOURNAL OF THE HOUSE,

to the purchase of license plates or revalidation decals by mail, and inserting in lieu thereof a new Code Section 40-2-28 to read as follows:
"40-2-28. An applicant may purchase a vehicle license plate or revalidation decal by mail, by mailing a properly completed application form to the tag agent of the county of his residence along with a money order in the amount of the license fee and all ad valorem taxes due thereon plus an additional fee of $1.00. The governing authority of the county may by resolution authorize the tag agent of the county to receive applica tion and payment for the purchase of a license plate or revalidation decal by mail without charging the additional $1.00 fee."
Section 2. Said title is further amended by striking from the end of paragraph (14) of Code Section 40-3-4, relating to exclusions from the requirement of obtaining a vehicle certificate of title, the word "or", by striking the period at the end of paragraph (15) thereof and inserting in its place "; or", and by adding at the end of said Code section a new paragraph, to be designated paragraph (16), to read as follows:
"(16) A vehicle which is not sold for the purpose of lawful highway use."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Isakson of the 21st moved that the House agree to the Senate substi tute to HB 811.
On the motion, the roll call was ordered and the vote was as follows:

Aaron YAdams,G Y Adams,M
Y Aiken Alford
Y Alien YAthon Y Atkins Y Bailey YBalkcom Y Bannister
Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield YBenn YBirdsong Y Bishop YBostick Y Branch YBray
Brooks Y Brown
Buck YBuford YByrd YCarrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers
Childs Clark.B Y Clark,L

Y Colbert Y Coleman
Colwell Y Connell Y Cooper Y Couch
YCoi Y Crawford YCrosby Y Cummings Y Davis,G
Davis.M Y Dixon NDobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster
Galer N Godbee Y Goodwin Y Green
Y Greene YGreer YGresham Y Griffin
Groover Y Hamilton
Manner Y Harris
Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb
Y Holmes Y Hooks Y Hudson YIsakson Y Jackson,J Y Jackson, W Y Jamieson
Johnson,D Y Johnson.R Y Kilgore
Kingston YLane,D NLane.R YLangford Y Lawler Y Lawrence YLawson YLee Y Under YLong YLord
Lucas Y Lupton
Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley
Y Moody Moore Morton

Mostiler Y Moultrie Y Mueller
Y Oliver Orrock
Y Padgett Y Pannell Y Parham
YParrish Y Patten
Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard
Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves
Redding Richardson Y Ricketson Robinson,C Y Robinson,? Y Royal
Selman Y Shepard Y Sherrod Y Simpson
Sinkfield

Y Sizemore Smith.L
Y Smith,P
Y Smith,T Y Smith,W
Smyre YSnow Y Stancil Y Stanley
Steinberg Y Stephens
Thomaa.C Thomas.M Y Thompson Y Thurmond Y Townsend Triplet! NTwiggs Y Waddle Y Waldrep Walker.C Y Walker,L YWall Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Williams.J Wilson Y Wood Y Workman YYeargin Y Young Murphy,Spkr

On the motion, the ayes were 135, nays 4. 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:

THURSDAY, MARCH 12, 1C87

2377

HB 652. By Representatives Triplett of the 128th and Murphy of the 18th:
A bill to amend Code Section 40-6-181 of the Official Code of Georgia Anno tated, relating to maximum motor vehicle speed limits, so as to authorize the commissioner of transportation, in conformity with federal law, to increase certain maximum speed limits.

Representative Triplett of the 128th moved that the House insist on its position in disagreeing to the Senate substitute to HB 652 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 Triplett of the 128th, Jackson of the 9th and Coleman of the 118th.

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 176. By Representatives Byrd of the 153rd, Moody of the 153rd, Smith of the 152nd, Dixon of the 151st and Smith of the 156th:
A resolution creating the Brunswick Judicial Circuit Study Committee.

Representative Byrd of the 153rd moved that the House insist on its position in disagreeing to the Senate substitute to HR 176 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 Byrd of the 153rd, Moody of the 153rd and Smith of the 156th.

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

HB 873. By Representative Connell of the 87th:
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 special license plates to commemorate the founding of Augusta College.

The following Senate amendments were read:

Senate Amendment No. 1
Amend HB 873 by inserting on line 5 of page 1 between "College" and the semicolon and on line 19 of page 1 between "College" and the period the following:
"and special license plates to commemorate the founding of Paine College".

2378

JOURNAL OF THE HOUSE,

By inserting on line 14 of page 1 between "1925" and the comma the following: "and Paine College having been founded in 1883". By striking from line 16 of page 1 the following: "that",
and inserting in its place the following: "each".

Senate Amendment No. 2
Amend HB 873 by inserting on line 5 of page 1 between "College" and the semicolon the following:
"and to commemorate the founding of Paine College".
By striking from line 12 of page 1 the following:
"a new Code section",
and inserting in its place the following:
"two new Code sections".
By striking the quotation marks on line 14 of page 2 and by inserting between lines 14 and 15 of page 2 the following:
"40-2-29.18. (a) Paine College having been founded in 1883, there shall be issued beginning in 1988 special license plates to commemorate the establishment of that college.
(b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the founding of Paine College. It shall not be a require ment that a county name decal be affixed and displayed on license plates issued 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 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, 1988, 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.'"
Senate Amendment No. 3
Amend HB 873 by adding following "College;" on line 5 of page 1 the following:
"to provide for certain renewal or revalidation;".
By inserting between lines 14 and 15 of page 2 the following:
"Section 1A. Said article is further amended by adding a new Code Section 40-2-29.01, to read as follows:

THURSDAY, MARCH 12, 1987

2379

'40-2-29.01. Notwithstanding any other provision of this article to the contrary, in the event that the renewal or revalidation of any special license plate issued pursuant to any provision of this article is authorized for any time period on or after December 31, 1989, then all special plates issued pursuant to this article shall also be eligible for such renewal or revalidation upon request of the college, university, or institution commemorated by such special license plate.'"
The following amendment was read and adopted:
Representatives Jackson of the 9th and Connell of the 87th move to amend Senator Tate's amendment to HB 873 by adding on line 14 and on line 17 of page 1 after the word "issued" the following:
"to commemorate any college, university, or institution and issued".
Representative Connell of the 87th moved that the House agree to the Senate amend ments, as amended by the House, to HB 873.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Y Adams.G
Adams.M Y Aiken
Alford Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Bamett.M YBeck Y Benefield Benn Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Childs Clark.B Clark,L

Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Couch YCox Y Crawford Y Crosby
Cumrningg
Y Davis,G Y Davis,M
Y Dixon Y Dobbs Y Dover
Dunn Y Edwards
Y Felton Y Floyd Y Foster
Galer YGodbee Y Goodwin Y Green Y Greene YGreer Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty
YHays Heard
Y Hensley

Y Herbert Y Holcomb Y Holmes
Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson, W Y Jamieson
Johnson,D Y Johnson.R Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawler
Lawrence
Y Lawson YLee Y Under
YLong Lord
Y Lucas Y Lupton
Mangum Y Martin Y McDonald
McKelvey Y McKinney Y Milam Y Milford
Y Mobley Y Moody
Moore
Morton

On the motion, the ayes were 150, nays 0. The motion prevailed.

Mostiler
Y Moultrie Y Mueller Y Oliver Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten YPetere Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves
Redding Richardson Y Ricketson Y Robinson,C Y Robinson,P Y Royal Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Smith.L
Y Smith,P Y Smith.T
Y Smith,W YSmyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas,C
Y Thomas,M Y Thompson
Y Thurmond Y Townsend
Triplett YTwiggs
Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall
Y Ware Y Watson Y Watts Y White
Wilder Y Williams.B Y Williams,J
Wilson
Y Wood Y Workman Y Yeargin Y Young
Murphy,Spkr

The following Resolution of the House was read and adopted:

HR 487. By Representative Cox of the 141st:
A resolution commending the Seminole County High School Squaws basket ball team.

2380

JOURNAL OF THE HOUSE,

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 557. By Representatives Wood of the 9th and Watson of the 114th:
A bill to amend Code Section 34-9-151 of the Official Code of Georgia Anno tated, relating to definitions of terms regarding group self-insurance funds for workers' compensation benefits, so as to allow the employees of a trade or professional association to be covered under a group self-insurance fund established by the members of such association.

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

SB 170. By Senator Kidd of the 25th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 45 of the Official Code of Georgia Annotated, relating to public officers, so as to change requirements and procedures regarding the filling of vacancies in the offices of clerk of the superior court, judge of the probate court, county surveyor, and coroner.

The Senate insists on its amendments to the following Bill of the House:

HB 949. By Representatives Aiken of the 21st and Hasty of the 8th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to certain provisions of local government law applicable to counties and municipal corporations, so as to change certain provisions relat ing to required permits for disturbing burial places in the course of land development.

The President has relieved Senator Hine of the 52nd as a conferee, at his request, and has appointed Senator Hudgins of the 15th as a conferee on the following Bill of the House:

HB 185. By Representatives Bray of the 91st, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions relating to the deadline for transmission of certain qualifying fees to the superintendent of the county or the Secretary of State; to change the provisions relating to the filing deadline for certain notices of candidacy.

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

HR 125. By Representative Parham of the 105th:
A resolution authorizing the lease of certain real property located in Baldwin County, Georgia; to repeal a specific resolution.

THURSDAY, MARCH 12, 1987

2381

The following Senate substitute was read:

A RESOLUTION
Authorizing the conveyance of certain real property located in Baldwin County, Georgia; to repeal a specific resolution; to provide a termination date under certain condi tions; to provide an effective date; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Baldwin County, Georgia; and
WHEREAS, said real property is all that tract or parcel of land lying and being in the County of Baldwin, State of Georgia, and more particularly described as follows:
All that tract or parcel of land containing .4352 acres situate, lying and being in the 320th G.M. District, City of Milledgeville, Baldwin County, Georgia, and being more particularly described as follows:
TO FIND THE POINT OF BEGINNING, begin at the intersection formed by the East right-of-way of South Wayne Street and the South right-of-way of East Greene Street and run North 77 degrees 27' East a distance of 191.1 feet to an iron pin, which is the POINT OF BEGINNING: From the point of beginning thus established, running thence South 13 degrees 15' East a distance of 162.6 feet to an iron pin; running thence South 77 degrees 27' West a distance of 191.1 feet to an iron pin on the East right-ofway of South Wayne Street; running thence South 13 degrees 15' East along the East right-of-way of South Wayne Street a distance of 75.7 feet to an iron pin; running thence North 77 degrees 27' East a distance of 210 feet to an iron pin; running thence North 13 degrees 15' West a distance of 238.3 feet to an iron pin on the South right-ofway of East Greene Street; running thence South 77 degrees 27' West along the South right-of-way of East Greene Street a distance of 18.9 feet to an iron pin, which is the Point of Beginning. Said property is shown on a Plat prepared for the First Presbyterian Church by Walker McKnight (Registered Land Surveyor No. 864) dated December 1970; and
WHEREAS, the above-described real property is no longer needed by the State of Georgia and is therefore surplus; and
WHEREAS, the First Presbyterian Church of Milledgeville is desirous of purchasing said tract of land.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the real property described herein and that, in all matters relating to the property, the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the State of Georgia, acting by and through the State Properties Commission, is authorized to convey the hereinabove described tract of land to the First Presbyterian Church of Milledgeville by sale for a consideration of $3,000.00 and upon such other terms and conditions as shall be prescribed by the State Properties Commis sion. A failure by the First Presbyterian Church of Milledgeville to utilize such abovedescribed property for church purposes or a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all rights, titles, privileges, powers, and ownership granted herein.
Section 3. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
Section 4. That, for the purpose of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the O.C.G.A. requiring that a conveyance of real property by the state be filed with the Secretary of State and accompanied by a

2382

JOURNAL OF THE HOUSE,

plat of the property conveyed, the plat of survey and drawings on file in the office of the State Properties Commission shall constitute an acceptable plat for filing with the Secre tary of State.
Section 5. That a resolution authorizing the lease of certain real property located in Baldwin County, approved March 28, 1974 (Ga. L. 1974, p. 1228, Res. Act No. 114), is repealed in its entirety.
Section 6. That, if the sale and conveyance of property authorized by this resolution has not been executed prior to March 1, 1988, this resolution shall stand repealed in its entirety on March 1, 1988, and all provisions of this resolution shall be deemed to be void and of no effect.
Section 7. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 8. That all laws and parts of laws in conflict with this resolution are repealed.

The following amendment was read and adopted:

Representatives Parham of the 105th and Colwell of the 4th move to amend the Senate substitute to HR 125 by striking from the title on line 1 of page 1 the word "conveyance" and inserting in lieu thereof the word "lease".
By striking from the title, beginning on line 3 of page 1, the following:
"to provide a termination date under certain conditions;".
By striking in its entirety Section 2, beginning on line 25 of page 2 and continuing through line 8 of page 3, and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the hereinabove described tract of land to the First Presbyterian Church of Milledgeville, subject to the following conditions:
(1) That the consideration for the lease shall be $100.00 per year;
(2) That the term of any lease agreement executed pursuant to the authority of this resolution shall be concurrent with the term of the present lease between the State of Georgia and the First Presbyterian Church of Milledgeville; and
(3) Such other terms and conditions as determined by the State Properties Commission to be in the best interests of the state."
By striking from Section 3 on line 11 of page 3 the word "conveyance" and inserting in lieu thereof the word "leasing".
By striking in its entirety Section 6 on lines 24 through 28 on page 3.
By renumbering Sections 7 and 8 on page 4 as Sections 6 and 7, respectively.

Representative Parham of the 105th moved that the House agree to the Senate substi tute, as amended by the House, to HR 125.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Y Adams.G
Adams.M
Y Aiken Alford

Y Alien Y Athon Y Atkins
Y Bailey Balkcom

Y Bannister Y Bargeron
Barnett.B
Y Barnett,M Y Beck

Y Benefield Benn
Y Birdsong
Y Bishop Y Bostick

Y Branch Y Bray
Brooks
Brown Y Buck

THURSDAY, MARCH 12, 1987

2383

Y Buford YByrd Y Carrell 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 Couch YCox Y Crawford
Crosby Y Cummings
Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton
Floyd Y Foster

Galer Godbee Y Goodwill Y Green Y Greene Greer Y Gresham Y Griffin Groover Y Hamilton Y Hanner Y Harris Y Hasty YHays Heard Hensley Herbert Holcomb Y Holmes Y Hooks Hudson Y Isakson
Y Jackson.J Y Jackson.W
Y Jamieson Johnson,D
Y Johnson,R Y Kilgore Y Kingston Y Lane,D Y Lane.R

Y Langford Lawler
Lawrence Y Lawson
YLee Linder
YLong YLord
Lucas Y Lupton
Mangum Y Martin
McDonald Y McKelvey
McKinney Milam Y Milford Y Mobley Y Moody Y Moore Morton
Mostiler Moultrie Mueller Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten

On the motion, the ayes were 124, nays 0. The motion prevailed.

Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter
Y Powell Y Prichard Y Rainey
Ramsey.T Y Ramsey.V
Randall Y Ransom YRay
Reaves Redding Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Smith,L Y Smith.P Y Smith.T Y Smith.W

Smyre YSnow Y Stancil Y Stanley
Steinberg
Y Stephens Thomas.C
Y Thomas.M Y Thompson Y Thurmond Y Townsend
Triplett YTwiggs
Waddle Y Waldrep
Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts
Y White Wilder
Y Williams.B Williams,J 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's insistence on its position in substituting the same:

HB 170. By Representatives Cox of the 141st, Long of the 142nd, Reaves of the 147th, Patten of the 149th, Bostick of the 138th and others:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weights of vehicles and loads, so as to change certain length limitations for vehicles; to change certain length limitations for vehicles operating with special permits.

Representative Cox of the 141st moved that the House insist on its position in disagreeing to the Senate substitute to HB 170 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, Long of the 142nd and Reaves of the 147th.

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

HR 250. By Representative Hanner of the 131st:
A resolution transferring the ownership of a certain structure owned by the Georgia Forestry Commission to the Calhoun County Board of Commis sioners.

2384

JOURNAL OF THE HOUSE,

The following Senate substitute was read:

A RESOLUTION
Transferring the ownership of a certain structure owned by the Georgia Forestry Commission to the Calhoun County Board of Commissioners; to transfer the ownership of certain structures owned by the Georgia Forestry Commission to the Franklin County Board of Commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, a certain structure owned by the Georgia Forestry Commission in Calhoun County containing approximately 576 square feet has been declared surplus prop erty by the Georgia Forestry Commission as a result of a new building for use as the head quarters office for the Calhoun County Forestry unit at Edison, Georgia, being constructed; and
WHEREAS, certain structures owned by the Georgia Forestry Commission in Franklin County containing approximately 1,440 square feet have been declared surplus property by the Georgia Forestry Commission as a result of a new office/equipment shelter being con structed for use as the headquarters office for the Franklin County Forestry Unit at Canon, Georgia; and
WHEREAS, the Board of Commissioners of Calhoun County is desirous of obtaining the old structure in Calhoun County for county use; and
WHEREAS, the Board of Commissioners of Franklin County is desirous of obtaining the old structures in Franklin County for county use.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) That the ownership of the above-described surplus personal property in Calhoun County will be transferred from the Georgia Forestry Commission to the Board of Commissioners of Calhoun County.
(b) That the transfer of ownership of the above-described surplus personal property is conditioned upon the Board of Commissioners of Calhoun County absorbing the full cost of removing the structure from the Georgia Forestry Commission's property and locat ing the structure at the new site; provided, however, that the ownership of the structure shall revert automatically to the Georgia Forestry Commission if this personal property is not moved by January 1, 1988.
(c) That the purchase price will be $10.00 and other valuable considerations.
Section 2. (a) That the ownership of the above-described surplus personal property in Franklin County will be transferred from the Georgia Forestry Commission to the Board of Commissioners of Franklin County.
(b) That the transfer of ownership of the above-described surplus personal property is conditioned upon the Board of Commissioners of Franklin County absorbing the full cost of removing the structures from the Georgia Forestry Commission's property and locating the structures at the new site; provided, however, that the ownership of the struc tures shall revert automatically to the Georgia Forestry Commission if this personal prop erty is not moved 60 days after approval of this resolution by the Governor or upon its becoming law without such approval.
(c) That the purchase price will be $10.00 and other valuable considerations.
Section 3. That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval and in accordance with the provisions hereof.
Section 4. That all laws and parts of laws in conflict with this resolution are repealed.

THURSDAY, MARCH 12, 1987

2385

Representative Hanner of the 131st moved that the House agree to the Senate substi tute to HR 250.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Childs Y Clark.B Y Clark,L

Y Colbert Coleman Colwell Connell
Y Cooper Y Couch
YCox Y Crawford
Y Crosby Y Cummings
Davis,G Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton
Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin
Groover Y Hamilton Y Hanner Y Harris
Hasty YHays
Heard Y Hensley

Herbert Y Holcomb Y Holmes Y Hooks
Y Hudson Y Isakson Y Jackson,J Y Jackson, W Y Jamieson
JohnsontD Y Johnson.R Y Kilgore Y Kingston Y Lane.D
Lane.R Y Langford Y Lawler Y Lawrence Y Lawson
YLee Y Under
Long YLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morion

On the motion, the ayes were 145, nays 0. The motion prevailed.

Mostiler Y Moultrie
Mueller Y Oliver Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Peters Y Pettit Y Phillips
Pinks ton
Y Pittman Y Porter Y Powell Y Prichard
Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom YRay
Reaves Redding Richardson Y Ricketson Y Robinson.C Y Robinson,P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith.L Y Smith.P
Smith.T Y Smith,W
YSmyre YSnow
Y Stancil Y Stanley
Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson Y Thurmond 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 Wilder
Y Williams,B Y Williams,J
Wilson Y Wood
Workman Y Yeargin Y Young
Murphy.Spkr

HB 917. By Representatives Childs of the 53rd, Richardson of the 52nd, Steinberg of the 46th, Williams of the 48th, Williams of the 54th and others:
A bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement.

The following Senate amendment was read:

Amend HB 917 by striking from lines 6 and 7 on page 1 the following: "to provide for requirements and conditions relative thereto;".
By striking from line 19 on page 1 the letter "(a)" and by striking from line 26 on page 1 the figure "$9,000.00" and inserting in lieu thereof the figure "$15,000.00".
By striking the comma appearing at the end of line 26 on page 1 and inserting in lieu thereof a period and by striking all language in line 27 on page 1 and the words "subsec tion (b) of this section" in line 1 on page 2.
By striking all language and material in lines 3 through 13 on page 2.
By striking Section 2 and inserting in lieu thereof the following:

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JOURNAL OF THE HOUSE,

"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."

Representative Williams of the 48th moved that HB 917 be placed upon the table. On the motion to table, the roll call was ordered and the vote was as follows:

Y Aaron N Adams.G N Adams.M YAiken YAlford
Alien Y Athon Y Atkins
Y Bailey Y Balkcom Y Bannister Y Bargeron N Barnett.B Y Bamett,M NBeck Y Benefield NBenn
Birdsong Y Bishop Y Bostick Y Branch YBray
Brooks Y Brown
NBuck YBuford
Byrd YCarrell Y Carter
Chambless N Chance Y Cheeks Y Childers NChilds Y Clark,B Y Clark,L

Y Colbert Y Coleman N Colwell N Connell Y Cooper Y Couch
YCoi N Crawford N Crosby Y Cummings
N Davis.G Y Davis,M
Dixon NDobbs
Dover Dunn Y Edwards Y Felton Y Floyd Y Foster YGaler God bee Y Coodwin Y Green YGreene YGreer Y Gresham Y Griffin Groover
N Hamilton Manner
Y Harris
Y Hasty YHays
Heard Y Hensley

N Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson N Jackson.J Y Jackson.W
Y Jamieson Johnson,D
Y Johnson.R
Y Kilgore Y Kingston YLane.D YLane,R YLangford
Lawler Y Lawrence
Lawson YLee Y Under
Long Lord N Lucas Y Lupton Y Mangum N Martin McDonald
Y McKelvey Y McKinney
Y Milam Y Milford
Y Mobley Y Moody
Moore YMorton

Mostiler Moultrie Y Mueller Y Oliver
N Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Peters Y Pettit N Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard
Rainey Ramsey.T Y Ramsey.V YRandall Y Ransom NRay Y Reaves N Redding Y Richardson Y Ricketson Robinson.C Y Robinson,? Y Royal N Selman Y Shepard Y Sherrod N Simpson N Sinkfield

N Sizemore Y Smith.L Y Smith,?
Smith.T
Smith.W Smyre YSnow N Stancil Y Stanley N Steinberg Stephens Thomas.C Y Thomas.M Thompson Thurmond Y Townsend Triplett
Twiggs Y Waddle N Waldrep
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White
Wilder
Y Williams.B Williams.J Wilson Wood
N Workman N Yeargin
Young Murphy,Spkr

On the motion, the ayes were 106, nays 32. The motion prevailed.

Representative Childs of the 53rd moved that the House reconsider its action in plac ing HB 917 upon the table.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron N Adams.G Y Adams.M N Aiken N Alford N Alien N Athon N Atkins Y Bailey Y Balkcom N Bannister N Bargeron Y Barnett,B N Barnett.M YBeck Y Benefield YBenn

Y Birdsong Y Bishop
Bostick N Branch NBray
Brooks
N Brown YBuck N Buford NByrd N Carrell N Carter
Chambless Y Chance
Cheeks Y Childera Y Childs

N Clark.B Y Clark,L
N Colbert Y Coleman Y Colwell Y Connell Y Cooper
N Couch NCo* Y Crawford Y Crosby
Cumin ings Y Davis.G N Davis.M Y Diion N Dobbs
Dover

Dunn Y Edwards N Felton N Floyd
N Foster Y Galer
God bee N Goodwill Y Green
N Greene YGreer
N Gresham N Griffin
Groover Y Hamilton Y Hanner N Harris

N Hasty
YHays Heard
Y Hensley Y Herbert
N Holcomb Y Holmes
Hooks N Hudson N Isakson Y Jackson.J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson.R N Kilgore
Kingston

THURSDAY, MARCH 12, 1987

2387

N Lane.D N Lane.R Y Langford Y Lawler
N Lawrence Y Lawson Y Lee N Linder
Long Lord Lucas N Lupton N Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam Y Milford

N Mobley N Moody
Moore N Morton
Mostiler Y Moultrie N Mueller N Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish N Patten Y Peters Y Pettit
Y Phillips Pinkston
N Pittman

Y Porter N Powell N Prichard
Rainey
Y Ramsey.T N Ramsey.V Y Randall N Ransom Y Ray N Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson,P N Royal
Y Selman N Shepard N Sherrod

On the motion, the ayes were 85, nays 67. The motion prevailed.

Y Simpson Y Sinkfield Y Sizemore N Smith.L
Y Smith,P Smith.T
N Smith,W Smyre
Y Snow Stancil
Y Stanley Y Steinberg Y Stephens Y Thomas.C N Thomas,M
Thompson
N Thurmond N Townsend Y Triplett

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

Representative Robinson of the 58th moved that the House disagree to the Senate amendment to HB 917.
The motion prevailed.

Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 391 Do Pass
Respectfully submitted, /s/ Adams of the 36th
Chairman

By unanimous consent, the following Bill of the Senate was taken up for consideration and read the third time:

SB 391. By Senator Garner of the 30th:
A bill to amend an Act known as the "Douglasville-Douglas County Water and Sewer Authority Act," as amended, so as to provide for the appointment of new members to the authority upon completion of the terms of the exist ing members and the manner in which the new members shall be appointed; to provide for the terms of office of each member.

The report of the Committee, which was favorable to the passage of the Bill, was 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 Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

2388

JOURNAL OF THE HOUSE,

HB 479. By Representatives Peters of the 2nd, Ramsey of the 3rd, Kilgore of the 42nd and Dover of the llth:
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 the purpose of certain water, sewer, or water and sewer capital outlay projects to be owned and operated by a county water and sewer district and one or more municipal ities.

The following Senate substitute was read:

A BILL
To amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Anno tated, 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 cultural, recreational, and his toric facilities and 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; to provide that such taxes may be imposed for the purpose of retiring certain previously incurred general obligation debt; to change the method of sub mission of imposition or reimposition of the tax to the voters and the method of advertise ment of the same; to provide that no general obligation debt shall be issued in connection with the imposition of the tax when the tax is imposed in whole or in part for road, street, or bridge purposes; to change provisions relating to the termination of the tax; to change provisions relating to authorized uses of proceeds of the tax; to change provisions relating to issuance of general obligation debt in connection with the imposition of the tax; to pro vide for the automatic repeal of said Article 3 of Chapter 8 of Title 48 and for the termi nation of the authority to impose special purpose county sales and use taxes; to provide for continuation of previously imposed and authorized taxes; to provide for all related mat ters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Anno tated, relating to special purpose county sales and use taxation, is amended by striking Code Section 48-8-111, relating to authorization for and imposition of the tax and issuance of debt, and inserting in its place a new Code section to read as follows:
"48-8-111. (a) Whenever a county governing authority votes to impose the tax authorized by this article, the governing authority shall notify the county election super intendent by forwarding to the superintendent a copy of the resolution or ordinance of the governing authority calling for the imposition of the tax. Such ordinance or resolu tion shall specify:
(1) The purpose or purposes for which the proceeds of the tax are to be used and may be expended, which purpose or purposes may consist of projects located within or without, or both within and without, any incorporated areas in the county and which may include enfy one any of the following purposes:
(A) Road, street, and bridge purposes; (B) A capital outlay project or projects of the county which is for the use of or the benefit of the citizens of the entire county and whfeh consists consisting of a county courthouse; county administrative buildings; a civic center; a hospital; a county jail, correctional institution, or other detention facility; a county library; er a coliseum; sanitary landfills; or any combination of such projects; (C) A capital outlay project or projects which will be operated by a joint author ity or authorities of the county and one or more municipalities within the county and which will be for the use of or benefit of the citizens of the county and the citizens of one or more municipalities within the county; er

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(D) A capital outlay project or projects, to be owned and or operated or both either by the county, one or more municipalities, or any combination thereof, with respect to which the county has, prior to the call of the election, entered into a con tract or agreement, as authorized by Article IX, Section III of the Constitution, with one or more municipalities in the county, which municipality or municipalities con tain more than one-half of the aggregate population of all municipalities within the county; and, for purposes of determining the population of a municipality under this subparagraph, only that portion of the population of each municipality which is within the county shall be included;
(E) A capital outlay project consisting of a cultural facility, a recreational facil ity, or an historic facility (or a facility for some combination of such purposes);
(F) A water capital outlay project, a sewer capital outlay project, a water and sewer capital outlay project, or a combination of such projects, to be owned or oper ated or both by a county water and sewer district and one or more municipalities in the county, with respect to which the county has, prior to the call of the election, entered into a contract or agreement, as authorized by Article IX, Section III of the Constitution; and when the tax is imposed pursuant to this subparagraph the pro ceeds of the tax shall be allocated between the water and sewer district and the municipality or municipalities based upon the population of the municipality or municipalities, according to the 1980 decennial census or any future such census, over the population of the county, according to the 1980 decennial census or any future such census, with such allocation to be specified in the contract or agreement relating to the capital outlay facility or facilities:
(G) The retirement of previously incurred general obligation debt of the county (other than general obligation debt incurred for road, street, or bridge purposes), if such previously incurred general obligation debt was incurred for a project or projects of a type for which new general obligation debt may be incurred under this article; or
(H) Any combination of two or more of the foregoing;
(2) The maximum period of time, to be stated in calendar years or calendar quar ters and not to exceed five years, or not to exceed four years if the proceeds of the tax are to be used in whole or in part for road, street, and bridge purposes, for which the tax may be imposed;
(3) The maximum cost of the project or projects which will be funded from the proceeds of the tax, which maximum cost shall also be the maximum amount of net proceeds to be raised by the tax, except that if the tax is to be imposed in whole or in part for road, street, and bridge purposes the maximum cost and maximum pro ceeds to be raised shall be omitted; and
(4) If general obligation debt is to be issued in conjunction with the imposition of the tax, as authorized by this article in cases where the tax is imposed other than in whole or in part for road, street, and bridge purposes, the principal amount of the debt to be issued, the purpose for which the debt is to be issued, the interest rate or rates or the maximum interest rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life of the debt,
(b) Upon receipt of the resolution or ordinance, the election superintendent shall issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the county. The election superintendent shall set the date of the election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The election superintendent shall cause the date and purpose of the election to be published fef net teas than 36 days once a week for four weeks immedi ately preceding the date of the election in the official organ of the county. If general obligation debt is to be issued in conjunction with the imposition of the tax, the notice published by the election superintendent shall also include, in such form as may be specified by the county governing authority, the principal amount of the debt, the pur pose for which the debt is to be issued, the rate or rates of interest or the maximum rate or rates of interest the debt will bear, and the amount of principal to be paid in each year during the life of the debt; and such publication of notice by the election

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superintendent shall take the place of the notice otherwise required by Code Section 36-80-11 or by subsection (b) of Code Section 36-82-1, which notice shall not be required.
(c) If the tax is to be imposed solely for road, street, and bridge purposes, the ballot shall have written or printed thereon the following:

"( ) YES Shall a special 1 percent sales and use tax be imposed for road, street, and bridge purposes in _________________ County for a period
( ) NO of_______________?'

(d) (1) If the tax is to be imposed solely for purposes other than for road, street, and bridge purposes and if no debt is to be issued, the ballot shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall a special 1 percent sales and use tax be imposed in

_________________ County for a period of time not to exceed

______________ and for the raising of not more than

$_______________

for

the

purpose

of

(2) If debt is to be issued, the ballot shall also have written or printed thereon, following the language specified by paragraph (1) of this subsection, the following:
'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of ___________ County in the principal amount of $__________ for the above purpose.' (3) If the tax is to be imposed in part for road, street, and bridge purposes and in part for other purposes, the ballot shall have written or printed thereon the follow ing:
"( ) YES Shall a special 1 percent sales and use tax be imposed in _____________ County for a period of _____________, for
( ) NO road, street, and bridge purposes and for the purpose of

(e) All persons desiring to vote in favor of imposing the tax shall vote 'Yes' and all persons opposed to levying the tax shall vote 'No.' If more than one-half of the votes cast are in favor of imposing the tax then the tax shall be imposed as provided in this article; otherwise the tax shall not be imposed and the question of imposing the tax shall not again be submitted to the voters of the county until after 12 months immediately following the month in which the election was held. The election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The superintendent shall canvass the returns, declare the result of the elec tion, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds.
(f) (1) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposa1 then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Con stitution is given to the proper officers of the county; otherwise such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters.
(2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the county may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article. If such debt is incurred through the execution of a promissory note or notes or other instrument or instru ments, no validation proceedings shall be necessary and such debt shall be subject to

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Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this article. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the county from the tax authorized by this article. Such general obligation debt shall, however, consti tute a pledge of the full faith, credit, and taxing power of the county; and any liability on such debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county. In no event shall any proceeds of a tax which is imposed pursuant to this article in whole or in part for road, street, or bridge purposes be used for payment of general obligation debt."
Section 2. Said article is further amended by striking Code Section 48-8-112, relating to imposition and termination of the tax, and inserting in its place a new Code section to read as follows:
"48-8-112. (a) If the imposition of the tax is approved at the special election, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the tax was approved by the voters. With respect to services which are regularly billed on a monthly basis, however, the resolution shall become effective with respect to and the tax shall apply to services billed on or after the effective date specified in the previous sentence.
(b) The tax shall cease to be imposed on the earliest of the following dates: (1) If the resolution or ordinance calling for the imposition of the tax provided for
the issuance of general obligation debt and such debt is the subject of validation pro ceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying vali dation of such debt;
(2) On the final day of the maximum period of time specified for the imposition of the tax; or
(3) If the tax was imposed solely for purposes other than fef road, street, and bridge purposes, as of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the county net proceeds equal to or greater than the amount specified as the maximum eest ef the project amount of net proceeds to be raised by the tax. (c) No county shall impose at any time more than a single 1 percent tax under this 3rticle. Wo county snftii Adopt ft reso1uwoft OF ordmsnce cdiiin^ tor trie iinpos1tion of ft t&x under tnis ftpticie ftc sny time wticn ft LAX under tnis flPticie ts tft eitect IR tnc county)
bridge purposes may by ordinance ef resolution ad special election continue th impost tioR of tne tftx lor ft luptncF penod not to exceed tour yesrs tft tne ssme mminer ds
enee until the expiration of the authorized period then in effect. A county in which a tax authorized by this article is in effect may, while the tax is in effect, adopt a resolu tion or ordinance calling for the reimposition of a tax as authorized by this article upon the termination of the tax then in effect; and a special election may be held for this purpose while the tax is in effect. Proceedings for the reimposition of a tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect. Following the expiration of a tax under this article, a county may likewise initiate pro ceedings for the reimposition of a tax under this article."
Section 3. Said article is further amended by striking Code Section 48-8-121, relating to use of proceeds of the tax, and inserting in its place a new Code section to read as fol lows:
"48-8-121. (a) The proceeds received from the tax authorized by this article shall be used by the county exclusively for the purpose or purposes specified in the resolution or ordinance calling for imposition of the tax. Such proceeds shall be kept in a separate account from other funds of the county and shall not in any manner be commingled with other funds of the county prior to expenditure.

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(b) If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are to be used in whole or in part for road, street, and bridge purposes, then authorized uses of the tax proceeds shall include acquisition of right of way for, construction of, and renovation and improvement of, including relocation of utilities for and improvement of surface water drainage from, roads, streets, and bridges both within the unincorporated area of the county and within the incorporated areas of municipalities within the county. If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are to be used in whole or in part for road, street, and bridge purposes, then no part of the proceeds of the tax shall be used to retire general obligation debt.
(c) No general obligation debt shall be issued in conjunction with the imposition of the tax authorized by this article when the tax is imposed in whole or in part for road, street, and bridge purposes. If the tax is imposed solely for purposes other than road, street, and bridge purposes, then no general obligation debt shall be issued in conjunc tion with the imposition of the tax unless the county governing authority determines that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due the county will receive from the tax authorized by this article net proceeds suffi cient to fully satisfy such liability. General obligation debt issued under this article shall be payable first from the separate account in which are placed the proceeds received by the county from the tax authorized by this article. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on said debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county.
(d) The resolution or ordinance calling for imposition of the tax authorized by this article solely for purposes {other than for road, street, and bridge purposes) may specify that all of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the resolution or ordinance so provides, then such proceeds shall be used solely for such purpose except as provided in subsection (g) of this Code section.
(e) (1) The resolution or ordinance calling for the imposition of the tax authorized by this article solely for purposes {other than for road, street, and bridge purposes) may specify that a part of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the ordinance or resolution so provides, it shall specifically state the other purposes for which the such proceeds will be used; and such other purposes shall be a part of the capital outlay project or projects for which the tax is to be imposed. In such a case no part of the net proceeds from the tax received in any year shall be used for such other pur poses until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the proceeds of the tax are placed.
(2) In no event shall any proceeds of general obligation debt issued pursuant to this article be used for road, street, or bridge purposes.
(f) The resolution or ordinance calling for the imposition of the tax may specify that no general obligation debt is to be issued in conjunction with the imposition of the tax. If the ordinance or resolution so provides, it shall specifically state the purpose or pur poses for which the proceeds will be used; and such purposes sbati fee road, street, and

(g) If the proceeds of the tax are specified to be used solely for the purpose of pay ment of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for final payment of
such debt shall be subject to and applied as provided in this subsection. If the county receives from the tax net proceeds (other than from a tax imposed in whole or in part for road, street, and bridge purposes) in excess of the maximum cost of the project or
projects stated in the resolution or ordinance calling for the imposition of the tax or in excess of the actual cost of such project or projects, then such excess proceeds shall be subject to and applied as provided in this subsection. If the tax is terminated under

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paragraph (1) of subsection (b) of Code Section 48-8-112 by reason of denial of valida tion of debt, then all net proceeds received by the county from the tax shall be excess proceeds subject to this Code section subsection. Excess proceeds subject to this subsec tion shall be used solely for the purpose of reducing any indebtedness of the county other than indebtedness incurred pursuant to this article. If there is no such other indebtedness or, if the excess proceeds exceed the amount of any such other indebted ness, then the excess proceeds shall next be paid into the general fund of the county, it being the intent that any funds so paid into the general fund of the county be used for the purpose of reducing ad valorem taxes."
Section 4. Said article is further amended by adding at the end thereof a new Code Section 48-8-122 to read as follows:
"48-8-122. This article shall be repealed upon the date on which an Act or constitu tional amendment increasing the current 3 percent state sales and use tax to a rate in excess of 3 percent becomes effective. No county shall on or after such date adopt any resolution or ordinance calling for the imposition of the tax authorized by this article. With respect to taxes imposed under this article prior to such date, and proceedings commenced prior to such date for the imposition of taxes under this article, the provi sions of this article shall continue to control until such previously imposed taxes, previ ously commenced proceedings, and taxes resulting from such previously commenced proceedings are terminated according to the provisions of this article."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative McDonald of the 12th moves to amend the Senate substitute to HB 479 as follows:
By striking lines 19 through 26, page 4.

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

Y Aaron N Adams.G Y Adams.M N Aiken N Alford
N Alien N Athon N Atkins N Bailey Y Balkcom N Bannister Y Bargeron Y Barnett,B N Barnett.M N Beck N Benefield N Benn N Birdsong N Bishop Y Bostick Y Branch N Bray N Brooks Y Brown Y Buck Y Buford N Byrd N Carrell

N Carter Y Chambless Y Chance Y Cheeks Y Childers
N Childs N Clark,B
Clark.L N Colbert N Coleman Y Colwell Y Connell N Cooper Y Couch Y Cox Y Crawford Y Crosby N Cummings N Davis.G
Davis.M Y Dixon Y Dobbs N Dover N Dunn N Edwards
Felton N Floyd N Foster

Y Galer N Godbee N Goodwin N Green Y Greene
Y Greer N Gresham N Griffin Y Groover N Hamilton Y Hanner N Harris N Hasty N Hays
Heard Y Hensley N Herbert N Holcomb N Holmes Y Hooks Y Hudson N Isakson N Jackson,J N Jackson.W Y Jamieson N Johnson,D N Johnson.R N Kilgore

N Kingston Y Lane,D Y Lane.R Y Langford N Lawler
Y Lawrence N Lawson N Lee Y Linder Y Long
Lord Y Lucas
Lupton N Mangum N Martin Y McDonald N McKelvey N McKinney N Milam
Milford N Mobley N Moody Y Moore N Mortal
Mostiler N Moultrie N Mueller N Oliver

Orrock N Padgett N Pannell N Parham N Parrish
N Patten N Peters N Pettit Y Phillips Y Pinkston N Pittman N Porter N Powell N Prichard N Rainey N Ramsey.T N Ramsey.V N Randall Y Ransom Y Ray N Reaves N Redding Y Richardson N Ricketson N Robinson.C N Robinson.P Y Royal N Selman

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N Shepard Y Sherrod N Simpson N Sinkfield Y Sizemore N Smith,L N Smith.P N Smith.T

N Smith.W Smyre
NSnow Y Stancil N Stanley N Steinberg
Stephens N Thomas.C

N Thomas,M N Thompson
Thurmond Townsend N Triplett N Twiggs N Waddle Waldrep

Walker.C Walker,L
N Wall Y Ware
Watson N Watts
White N Wilder

On the adoption of the amendment, the ayes were 51, nays 106. The amendment was lost.

Y Williams,B WilliamsJ Wilson
N Wood N Workman
Yeargin Young Murphy,Spkr

The following amendment was read:

Representatives Groover of the 99th and Bostick of the 138th move to amend the Senate substitute to HB 479 by adding between lines 28 and 29 on page 4 the following:
"(I) The resolution and ballot provided for in this Act shall separately state the project and the amount allocated for each project. Each project shall be separately approved by a majority of those voting in the election called pursuant to this Act. A water and sewer project shall be considered as one project."

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

Y Aaron N Adams.G N Adams.M N Aiken N Alford N Alien N Athon N Atkins N Bailey N Balkcom N Bannister Y Bargeron N Barnett.B N Barnett.M N Beck
N Benefield N Benn N Birdsong N Bishop Y Bostick Y Branch NBray Y Brooks N Brown
YBuck Y Buford NByrd
N Carrell N Carter Y Chambless
Y Chance Y Cheeks N Childers Y Childs N Clark,B N Clark,L

Y Colbert N Coleman Y Colwell Y Connell N Cooper Y Couch
NCox Y Crawford Y Crosby
Cummings N Davis,G
Davis.M Y Dixon Y Dobbs N Dover N Dunn
N Edwards Y Felton N Floyd N Foster Y Galer
N Godbee N Goodwin N Green
N Greene NGreer Y Gresham N Griffin Y Groover N Hamilton N Hanner N Harris
N Hasty NHays
Heard Y Hensley

N Herbert N Holcomb
Y Holmes Y Hooks Y Hudson N Isakson
N Jackson,J N Jackson, W
Jamieson Y Johnson.D N Johnson.R N Kilgore N Kingston Y Lane.D Y Lane.R Y Langford N Lawler Y Lawrence N Lawson NLee Y Under N Long
Lord Y Lucas
Lupton N Mangum N Martin Y McDonald N McKelvey N McKinney NMilam N Milford N Mobley
Moody N Moore N Morton

Mostiler N Moultrie
Y Mueller N Oliver
Y Orrock N Padgett N Pannell
N Parham N Parrish N Patten N Peters N Pettit N Phillips Y Pinkston
N Pittman N Porter N Powell N Prichard
N Rainey N Ramsey.T
Y Ramsey.V Y Randall
N Ransom YRay N Reaves
N Redding Y Richardson N Ricketson Y Robinson.C N Robinson,P Y Royal N Selman Y Shepard N Sherrod N Simpson N Sinkfield

On the adoption of the amendment, the ayes were 52, nays 113. The amendment was lost.

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

The following amendment was read and withdrawn:

THURSDAY, MARCH 12, 1987

2395

Representatives Crosby of the 150th and McDonald of the 12th move to amend the Senate substitute to HB 479 as follows:
By striking "upon the" on line 22 page 14 and lines 23, 24 and through the word "effective" on line 25 page 14 and inserting in lieu thereof:
"December 31, 1989."

Representative Peters of the 2nd moved that the House agree to the Senate substitute to HB 479.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron Y Adams.G Y Adams.M Y Aiken Y Alford N Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop
Bostick Y Branch YBray Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark,B Y Clark,L

Y Colbert Y Coleman N Colwell N Connell Y Cooper Y Couch YCox Y Crawford N Crosby Y Cummings Y Davis.G
Davis.M Y Dixon N Dobbs Y Dover YDunn
Y Edwards Y Felton Y Floyd Y Foster Y Galer
YGodbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin N Groover Y Hamilton Y Manner Y Harris Y Hasty YHays
Heard N Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks
Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore N Kingston N Lane.D N Lane.R Y Langford Y Lawler N Lawrence YLawaon YLee N Linder YLong
Lord N Lucas Y Lupton Y Mangum Y Martin N McDonald Y McKelvey Y McKinney Y Milan, Y Milford Y Mobley Y Moody Y Moore N Morton

On the motion, the ayes were 146, nays 25. The motion prevailed.

Mostiler
Y Moultrie N Mueller Y Oliver N Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman
Y Porter Y Powell Y Prichard
Y Rainey YRamsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman N Shepard N Sherrod Y Simpson Y Sinkfleld

Y Sizemore Y Smith.L Y Smith.P
Y Smith,T Y Smith,W YSmyre YSnow Y Stancil Y Stanley N Steinberg Y Stephens Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Townsend Y Triplett YTwiggs
Y Waddle Y Waldrep N Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder N Williams.B N Williams.J
Wilson Y Wood Y Workman Y Yeargin
N Young Murphy,Spkr

Due to a machine malfunction, the vote of Representative Ware of the 77th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 961. By Representatives Walker of the 85th and Padgett of the 86th:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials.

The following Senate substitute was read:

A BILL
To amend an Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an

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Act approved March 28, 1985 (Ga. L. 1985, p. 5003), so as to change the compensation of certain officials; to provide for the payment of such compensation; 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. An Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 5003), is amended by striking in its entirety Section 1 thereof and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) The following officials of Richmond County, Georgia, shall receive an annual salary, payable from the funds of Richmond County, Georgia, as follows:
(1) Clerk of superior court and state court ....................................................$ 34,688.00
(2) Judge of the probate court.......................................................................... 36,771.00
(3) Tax commissioner......................................................................................... 40,300.00
(4) Judge of the state court............................................................................... 55,000.00
(5) Solicitor of the state court.......................................................................... 21,800.00
(6) Coroner........................................................................................................... 20,000.00
(7) Judge of the civil court................................................................................ 39,267.00
(8) Associate judge of the civil court............................................................... 39,847.00
(9) Chairman of the board of commissioners................................................. 10,600.00
(10) Member of the board of commissioners ................................................... 8,200.00
(11) District attorney........................................................................................... 9,900.00
(12) Judge of the superior court......................................................................... 12,981.00
(13) Sheriff............................................................................................................. 42,150.00 (b) The compensation provided for in subsection (a) of this section shall be paid in equal monthly installments."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 85th moved that the House agree to the Senate substi tute to HB 961.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

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

Mr. Speaker:
The Senate adheres to its amendment 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 113. By Senator Deal of the 49th:

THURSDAY, MARCH 12, 1987

2397

A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to torts in general, so as to provide a qualified immunity from civil liability for persons serving as directors, officers, and trustees of certain
nonprofit organizations.

The President has appointed on the part of the Senate the following: Senators Deal of the 49th, Barnes of the 33rd and Coleman of the 1st.

The following Resolutions of the House were read and adopted:

HR 488. By Representative McKinney of the 35th: A resolution commending Mrs. Corrine Brown.

HR 489. 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 recognizing and congratulating Miss Melly Meadows and Mr. Chip Boling upon being selected as Scarlett O'Hara and Rhett Butler "LookAlikes".

HR 490. By Representatives Coleman of the 118th, Porter of the 119th, Pinkston of the 100th, Buford of the 103rd, Lucas of the 102nd and Hudson of the 117th:
A resolution relative to the Altamaha River Basin Project.

HR 491. By Representative Bailey of the 72nd: A resolution commending Mr. and Mrs. Richard Vickery.

HR 492. By Representatives Kingston of the 125th, Pannell of the 122nd, Hamilton of the 124th, Chance of the 129th, Isakson of the 21st and Mueller of the 126th:
A resolution commending the Motion Picture Association of America.

HR 493. By Representative Redding of the 50th: A resolution commending Reverend Hubert F. Shepherd.

HR 494. By Representative Redding of the 50th: A resolution expressing regret at the passing of Lita McClinton Sullivan.

HR 495. By Representative Atkins of the 21st: A resolution commending Mr. Spurgeon Richardson.

HR 496. By Representative Atkins of the 21st: A resolution commending Ms. Leone Ackerly.

HR 497. By Representative Atkins of the 21st: A resolution commending Mr. Dudley L. Moore, Jr.

2398

JOURNAL OF THE HOUSE,

HR 498. By Representative Adams of the 79th: A resolution commending Mr. Calvin S. (Hoppy) Hopkins III.

HR 499. By Representatives Redding of the 50th, Richardson of the 52nd and Williams of the 48th:
A resolution commending the DeKalb County Community Relations Commission.

HR 500. By Representatives Kingston of the 125th, Hamilton of the 124th and Triplett of the 128th:
A resolution expressing regret at the passing of Dr. Julian Killen Quattlebaum.

HR 501. By Representative Davis of the 45th:
A resolution commending the 1986 State AAA Champion Cross-Country Team of Chamblee High School.

HR 502. By Representatives Johnson of the 123rd, Bargeron of the 108th, Smyre of the 92nd, Godbee of the 110th, Parrish of the 109th and Walker of the 85th:
A resolution commending Honorable Billy A. Johnson.

HR 503. By Representatives Smith of the 152nd, Dixon of the 151st, Stephens of the 68th, Byrd of the 153rd, Murphy of the 18th and others:
A resolution commending Big Red.

HR 504. By Representatives Bannister of the 62nd, Barnett of the 59th, Goodwin of the 63rd, Pittman of the 60th, Wall of the 61st and others:
A resolution commending Don Salmon, Jr..

HR 505. By Representative Dunn of the 73rd: A resolution commending Mr. Andrew Carey Bunn, Sr.

HR 506. By Representatives Pittman of the 60th, Wall of the 61st, Barnett of the 59th, Goodwin of the 63rd, Bannister of the 62nd and others:
A resolution relative to the cheerleaders of the Atlanta Falcons.

HR 507. By Representative Barnett of the 59th: A resolution commending Mario Samaritano.

HR 508. By Representative Dunn of the 73rd:
A resolution commending Countryside Land and Homes of Henry County, Inc.

HR 509. By Representatives Parham of the 105th and Lord of the 107th:
A resolution congratulating Mr. and Mrs. Robert Eugene Stunner upon their sixtieth wedding anniversary.

THURSDAY, MARCH 12, 1987

2399

HR 510. By Representatives Thompson of the 20th, Hensley of the 20th, Isakson of the 21st, Lawler of the 20th and Atkins of the 21st:
A resolution commending Six Flags Over Georgia.

HR 511. By Representative Childs of the 53rd:
A resolution commending Alex Trebeck and the Jeopardy! Teen Tournament program.

HR 512. By Representative Childs of the 53rd: A resolution commending Dana Venator.

HR 513. By Representative Waldrep of the 80th: A resolution expressing regret at the passing of Guy C. Johnson.

HR 514. 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 Gene Lawson.

HR 515. By Representative Ramsey of the 155th: A resolution commending Mr. and Mrs. Hal Irvine Padgett.

The Speaker announced the House in recess until 1:00 o'clock, this afternoon.

2400

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.
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 283. By Representatives Herbert of the 76th, Benn of the 38th, Greene of the 130th, Hamilton of the 124th, Cummings of the 17th and Mostiler of the 75th:
A RESOLUTION
Creating the House Study Committee on School Completion; 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, there is an indication that such items as our system of work permits for youths or our child labor laws may be counterproductive in terms of the state's goal of providing a quality basic education to all of Georgia's students; and
WHEREAS, the High School Dropout Study Committee, constituted in 1986, began examining this issue and found that for some youth there is usually a single incident or factor such as teenage pregnancy that forces a youth to leave school, and that the Children's Defense Fund estimates that nationally, one-fourth of all girls will drop out of school because of pregnancy; and
WHEREAS, the same committee also learned that dropping out was most often the culmination of a process which begins as early as first grade; and that many of these youths do not drop out: they are "pushed"; and
WHEREAS, the term "dropout" defines only the end result of all of these different factors and that it should be a goal of the state to keep our youth in school long enough to achieve a quality, basic education.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the House Study Committee on School Completion, to be composed of five members of the House of Representatives, to be appointed by the Speaker of the House of Representatives. The Speaker of the House of Representatives shall appoint one member as chairperson. The committee shall meet upon the call of the chairperson.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the problems set forth in this resolution and any other problems related thereto and shall recommend necessary steps needed to be undertaken to alleviate any such problems. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of

THURSDAY, MARCH 12, 1987

2401

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 appropri ated 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, 1987, at which time the committee shall stand adjourned.

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

Y Aaron Y Adams.G
Adams.M Aiken Alford Alien Athon Y Atkins
Y Bailey Y Balkcom Y Bannister
Bargeron Y Barnett,B Y Barnett.M YBeck
Benefield YBenn Y Birdsong
Bishop Y Bostick Y Branch YBray
Brooks Brown Buck Buford YByrd Y Carrell Y Carter Chambless Chance Y Cheeks Y Childers Y Childs Clark.B Clark.L

Colbert Coleman Colwell
Y Connell Cooper
Y Couch Cox Crawford Crosby
Y Cummings Y Davis,G Y Davis.M
Dixon Y Dobbs
Dover Dunn Edwards Y Felton Y Floyd Y Foster Galer Y Godbee Y Goodwin Y Green Y Greene
Greer Y Gresham Y Griffin
Y Groover Y Hamilton
Manner Y Harris
Hasty Hays Heard Y Hensley

Y Herbert Y Holcomb
Holmes Y Hooks
Y Hudson Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Johnson.D
Johnson,R Kilgore Y Kingston YLane.D Y Lane.R Y Langford Lawler
Lawrence Lawson YLee Linder Long Lord Lucas Lupton Y Mangum Y Martin McDonald McKelvey Y McKinney YMilam Milford Y Mobley Y Moody Y Moore Y Morton

Mostiler Y Moultrie
Mueller Y Oliver
Y Orrock Y Padgett
Pannell Y Parham Y Parrish
Patten Peters Y Pettit Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard Rainey
Y Ramsey.T Y Ramsey.V Y Randall
Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson
Robinson ,C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod
Simpson Sinkfield

Sizemore Y Smith.L
Y Smith.P Smith.T
Y Smith.W Smyre Snow
Y Stancil
Y Stanley Stein berg
Y Stephens Thomas.C Thomas.M Thompson Thurmond Townsend
Y Triplett Twiggs
Y Waddle Waldrep Walker.C Walker.L
Y Wall Ware
Y Watson Y Watts
White Wilder Y Williams,B WilliamsJ Wilson Y Wood Y Workman Y Yeargin Y Young Murphy.Spkr

On the adoption of the Resolution, the ayes were 99, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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 209. By Senators Perry of the 7th, Ray of the 19th and Turner of the 8th:
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 five grams or more of pure cocaine, commonly known as "crack," shall consti tute a crime; to provide for penalties.

Representative Ramsey of the 3rd moved that the House adhere to its position in amending SB 209 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.

2402

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 Ramsey of the 3rd, Banner of the 131st and Cooper of the 20th.

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 113. By Senator Deal of the 49th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to torts in general, so as to provide a qualified immunity from civil liability for persons serving as directors, officers, and trustees of certain nonprofit organizations.

Representative Groover of the 99th moved that the House adhere to its position in disagreeing to the Senate amendment to the House substitute to SB 113 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:
Representatives Groover of the 99th, Thomas of the 69th and Chambless of the 133rd.

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 949. By Representatives Aiken of the 21st and Hasty of the 8th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to certain provisions of local government law applicable to counties and municipal corporations, so as to change certain provisions relat ing to required permits for disturbing burial places in the course of land development.

Representative Aiken of the 21st moved that the House insist on its position in disagreeing to the Senate amendment to HB 949 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Aiken of the 21st, Robinson of the 58th and Pettit of the 19th.

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 557. By Representatives Wood of the 9th and Watson of the 114th:

THURSDAY, MARCH 12, 1987

2403

A bill to amend Code Section 34-9-151 of the Official Code of Georgia Anno tated, relating to definitions of terms regarding group self-insurance funds for workers' compensation benefits, so as to allow the employees of a trade or professional association to be covered under a group self-insurance fund established by the members of such association.

Representative Robinson of the 96th moved that the House insist on its position in disagreeing to the Senate substitute to HB 557 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 96th, Wood of the 9th and Watson of the 114th.

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 357. By Senator Coleman of the 1st:
A bill to amend Code Section 32-6-26 of the Official Code of Georgia Anno tated, relating to weight of vehicles and loads, so as to provide that certain vehicles may not exceed certain weight limitations except when making a pickup or delivery on any public road of a county road system; to provide an effective date.

The following amendment was read and withdrawn:

Representatives Cox of the 141st and Jackson of the 9th move to amend SB 357 by striking from lines 1 through 3 of page 1 the following:
"To amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to weight of vehicles and loads, so as",
and inserting in its place the following:
"To amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Anno tated, relating to dimensions and weight of vehicles and loads, so as to authorize the Department of Transportation to designate certain roads, streets, or highways upon which certain vehicles may operate; to provide for conditions under which such desig nation shall be made; to provide for rescission of such designation; to provide for related matters;".
By striking from lines 9 through 12 of page 1 the following:
"Section 1. Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to weight of vehicles and loads, is amended by striking paragraph (1) of subsection (g) of said Code section",
and inserting in its place the following:
"Section 1. Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Anno tated, relating to dimensions and weight of vehicles and loads, is amended by striking paragraph (2) of subsection (a) of Code Section 32-6-24, relating to authorized length of vehicles and loads, and inserting in its place a new paragraph (2) to read as follows:

2404

JOURNAL OF THE HOUSE,

'(2) Unless exempted in Code Section 32-6-25 or subsection (b) of this Code section or so authorized by a permit issued pursuant to Code Section 32-6-28, no vehi cle or combination of vehicles and load shall exceed a total length of 60 feet and no semitrailer shall exceed 48 feet in length in a truck tractor-semitrailer combination and no truck tractor-semitrailer-trailer combination shall be allowed except the department shall allow a semitrailer length of no more than 48 feet when operated as a truck tractor-semitrailer combination and a semitrailer or trailer length of no more than 28 feet when operated as a truck tractor-semitrailer-trailer combination provided that such vehicles may exceed 60 feet in length and shall only operate upon all fully limited access highways designed to National System of Interstate and Defense High ways standards and upon any road, street, or highway on the State Highway System which the department determines is appropriate to provide reasonable access require ments in compliance with Public Law 07-087 97-424 and on which the department has posted appropriate signs specifying that use by such vehicles is authorized] and pro vided, further, that the department is authorized to designate certain roads, streets, or highways upon which vehicles more than 60 feet in length may operate when oper ating as a truck tractor-semitrailer combination with a semitrailer no longer than 48 feet in length or a truck tractor-semitrailer-trailer combination with a semitrailer and trailer each of which shall be no longer than 28 feet in length. Such roads, streets, or highways shall be so designated only after the department has considered the oper ational and safety characteristics of such vehicles and of the roadways, provided that the department may rescind any roadway designation if it is determined by the department that the public safety has been diminished or that operational problems have been increased by the actual operation of such vehicles. Such roads shall be posted with appropriate signs specifying the maximum length allowed for each vehicle combination. The department may permit the operation of a semitrailer which exceeds 45 feet in length without highway designation:
(A) If the semitrailer was manufactured prior to July 1, 1980, and the total length of the combination of vehicles is 55 feet or less; or
(B) If the length of the semitrailer is more than 45 feet but not more than 48 feet and the total length of the combination of vehicles does not exceed 55 feet, and the gross weight of the vehicle and its load does not exceed 50,000 pounds.'
Section 2. Said article is further amended by striking paragraph (1) of subsection (g) of Code Section 32-6-26, relating to weight of vehicles and loads,".
By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.

The following substitute, offered by Representatives Cox of the 141st and Jackson of the 9th, was read and adopted:

A BILL
To amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Anno tated, relating to dimensions and weight of vehicles and loads, so as to authorize the Department of Transportation to designate certain roads, streets, or highways upon which certain vehicles may operate; to provide for conditions under which such designation shall be made; to provide for rescission of such designation; to provide for related matters; to provide that certain vehicles may not exceed certain weight limitations except when making a pickup or delivery on any public road of a county road system; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Anno tated, relating to dimensions and weight of vehicles and loads, is amended by striking

THURSDAY, MARCH 12, 1987

2405

paragraph (2) of subsection (a) of Code Section 32-6-24, relating to authorized length of vehicles and loads, and inserting in its place a new paragraph (2) to read as follows:
"(2) Unless exempted in Code Section 32-6-25 or subsection (b) of this Code section or so authorized by a permit issued pursuant to Code Section 32-6-28, no vehicle or combination of vehicles and load shall exceed a total length of 60 feet and no semitrailer shall exceed 48 feet in length in a truck tractor-semitrailer combination and no truck tractor-semitrailer-trailer combination shall be allowed except the department shall allow a semitrailer length of no more than 48 feet when operated as a truck tractorsemitrailer combination and a semitrailer or trailer length of no more than 28 feet when operated as a truck tractor-semitrailer-trailer combination2 provided that such vehicles may exceed 60 feet in length and shall only operate upon all fully limited access high ways designed to National System of Interstate and Defense Highways standards and upon any road, street, or highway on the State Highway System which the department determines is appropriate to provide reasonable access requirements in compliance with Public Law 07-087 97-424 and on which the department has posted appropriate signs specifying that use by such vehicles is authorized; and provided, further, that the department is authorized to designate certain roads, streets, or highways upon which vehicles more than 60 feet in length may operate when operating as a truck tractorsemitrailer combination with a semitrailer no longer than 48 feet in length or a truck tractor-semitrailer-trailer combination with a semitrailer and trailer each of which shall be no longer than 28 feet in length. Such roads, streets, or highways shall be so desig nated only after the department has considered the operational and safety character istics of such vehicles and of the roadways, provided that the department may rescind any roadway designation if it is determined bj the department that the public safety has been diminished or that operational problems have been increased by the actual operation of such vehicles. Such roads shall be posted with appropriate signs specifying the maximum length allowed for each vehicle combination. The department may permit the operation of a semitrailer which exceeds 45 feet in length without highway desig nation:
(A) If the semitrailer was manufactured prior to July 1, 1980, and the total length of the combination of vehicles is 55 feet or less; or
(B) If the length of the semitrailer is more than 45 feet but not more than 48 feet and the total length of the combination of vehicles does not exceed 55 feet, and the gross weight of the vehicle and its load does not exceed 50,000 pounds."
Section 2. Said article is further amended by striking paragraph (1) of subsection (g) of Code Section 32-6-26, relating to weight of vehicles and loads, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) The weight limitations provided for in this Code section, except the limitation in subsection subsections (f) and (h) of this Code section, may be exceeded on any public road within this state which is not a national highway2 or when making a pickup or delivery on any public road of a county road system, without a permit when the load on any single axle does not exceed 23,000 pounds and the maximum total gross weight of the vehicle and load does not exceed 75,000 pounds when:
(A) Hauling forest products from the forest where cut to the owner's place of busi ness, plant, plantation, or residence within the county where originally cut or the adjoining county;
(B) Hauling live poultry from a farm to a processing plant located in the same or an adjoining county;
(C) Hauling feed from a feed mill to a farm located in the same county or an adjoining county; or
(D) Hauling granite, either block or sawed for further processing, from the quarry to a processing plant located in the same or an adjoining county."
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.

2406

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 roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister
Bargeron
Y Barnett,B Y Barnett.M YBeck Y Benefield YBenn
Birdsong Bishop Y Bostick Branch Bray Y Brooks Y Brown Buck Buford
YByrd N Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers
Y Childs Clark.B
N Clark,L

Y Colbert Y Coleman Y Colwell Y Connell
Y Cooper Y Couch
Cox Y Crawford
Crosby Y Cummings Y Davis,G Y Davis,M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster
Galer YGodbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb
Holmes Y Hooks Y Hudson
Y Isakson Y Jackson,J Y Jackson, W
Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane.D N Lane,R
Langford Lawler Lawrence Y Lawson YLee Linder Long YLord Y Lucas Y Lupton Y Mangum
Y Martin McDonald
Y McKelvey Y McKinney YMilam Y Milford Y Mobley N Moody N Moore Y Morion

Mostiler Y Moultrie
Y Mueller Y Oliver
Orrock
Y Padgett Pannell
Y Parham Y Parrish
Patten Peters
Y Pettit Phillips Pinkston
Y Pittman Y Porter Y Powell Y Prichard
Rainey Y Ramsey.T Y Ramsey.V Y Randall
Y Ransom YRay Y Reaves
Redding Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Selman Y Shepard
Y Sherrod Simpson Sinkfleld

Y Sizemore Y Smith.L N Smith.P
Smith.T Y Smith,W
Smyre YSnow Y Stancil
Y Stanley Stein berg
Y Stephens Y Thomas,C
Thomas,M Y Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams.B
Williams,J Wilson
YWood Y Workman Y Yeargin Y Young
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 129, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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

SB 282. By Senators Scott of the 2nd and Coleman of the 1st:
A bill to amend Chapter 1 of Title 44 of the Official Code of Georgia Anno tated, relating to general provisions affecting property, so as to change popu lation provisions concerning restrictions upon certain municipalities in the removal of improperly parked vehicles; to provide an effective date.

The following Senate amendment was read:

Amend the House amendment to SB 282 by striking on page 1, line 8 the following:
"and there is on conspicuously posted on such real property notice that any vehicle parked thereon which is not authorized to be parked on such property may be removed at the expense of the owner of the vehicle along with information as to where the vehicle may be recovered."

THURSDAY, MARCH 12, 1987

2407

and insert in lieu thereof the following:
"or if there is conspicuously posted at the entrance on such real property notice that any vehicle parked thereon which is not authorized to be parked on such property may be removed at the expense of the owner of the vehicle along with information as to where the vehicle may be recovered and cost."

Representative Kingston of the 125th moved that the House agree to the Senate amendment to the House amendment to SB 282.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks Y Brown
Buck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs
Clark.B Clark.L

Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Couch
Cox
Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn
Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty YHays
Heard Y Hensley

Y Herbert
Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston
Y Lane,D Y Lane.R
Langford Lawler Lawrence Y Lawson YLee Y Under Long Lord Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey Y McKinney Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Mos tiler Y Moultrie Y Mueller Y Oliver
Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Patten Peters Y Pettit Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard Rainey Y Ramsey.T
Y Ramsey.V Y Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield

Y Sizemore
Y Smith,L Y Smith.P
Smith.T
Y Smith,W Smyre
YSnow Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson Y Thurmond 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 Wilson Y Wood Y Workman Y Yeargin Y Young Murphy.Spkr

On the motion, the ayes were 145, nays 0. The motion prevailed.

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

HB 169. By Representatives Parham of the 105th, Parrish of the 109th, Cooper of the 20th, Atkins of the 21st and Twiggs of the 4th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to change the listing of certain controlled substances and dangerous drugs; to make certain activities illegal and provide penalties therefor.

The following report of the Committee of Conference was read:

2408

JOURNAL OF THE HOUSE,

COMMITTEE OF CONFERENCE REPORT ON HB 169

The Committee of Conference on HB 169 recommends that the Senate recede from its position and that the bill as passed by the House of Representatives be adopted.

FOR THE SENATE: /s/ Pierre Howard
Senator, 42nd District
/s/ W. W. Fincher, Jr. Senator, 54th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Bobby Eu&ene Pa^am Representative, 105th District
/s/ DuBose porter Representative, 119th District

/s/ Frank A. Albert Senator, 23rd District

/s/ Tom Ramsey Representative, 3rd District

A BILL
To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of certain controlled substances and dangerous drugs; to make certain activities illegal and provide penalties therefor; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relat ing to controlled substances, is amended by striking from paragraph (1) of Code Section 16-13-25, relating to Schedule I controlled substances, subparagraph (A.I), which reads as follows:
"(A.I) Alfentanil;", and by adding at the end of paragraph (3) thereof the following new subparagraph:
"(EE) Para-flurofentanyl;".
Section 2. Said chapter is further amended by striking from paragraph (2) of Code Section 16-13-26, relating to Schedule II controlled substances, subparagraph (A) thereof, which reads as follows:
"(A) Alphaprodine;", and inserting in its place two new subparagraphs to read as follows:
"(A) Alfentanil; (A.I) Alphaprodine;",
and by adding at the end of said paragraph (2) a new subparagraph to read as follows: "(V) Sufentanil;".
Section 3. Said chapter is further amended by striking subparagraph (E) of para graph (3) of said Code Section 16-13-26, which reads as follows:
"(E) Sufentanil;".
Section 4. Said chapter is further amended by striking the period at the end of subparagraph (C) of paragraph (4) of said Code Section 16-13-26 and inserting in its place a semicolon and by adding immediately thereafter a new paragraph to read as follows:
"(5) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a U. S. Food and Drug Administration approved drug product."
Section 5. Said chapter is further amended by adding in the appropriate paragraph positions in subsection (a) of Code Section 16-13-28, relating to Schedule IV controlled substances, the following new paragraphs:
"(2.1) Bromazepam; (2.2) Camazepam;

THURSDAY, MARCH 12, 1987

2409

(5.1) (7.1) (7.2) (7.3) (11.1) (13.1) (14.1) (16.1) (16.2) (16.3) (16.4) (19.1) (22.1) (22.2) (22.3) (22.4) (23.1) (29.1) (30.1) (30.2)

Clobazam; Clotiazepam; Cloxazolam; Delorazepam; Estazolam; Ethyl loflazepate; Flunitrazepam; Haloxazolam; Ketazolam; Lometazepam; Loprazolam; Medazepam; Midazolam; Nimetazepam; Nitrazepam; Nordiazepam; Oxazolam; Pipradrol; Quazepam SPA (-)-l-dimethylamino-l,
2-diphenylethane;".

Section 6. Said chapter is further amended by striking at the end of paragraph (4) of subsection (a) of Code Section 16-13-43, relating to unauthorized distribution of control led s"u;bosrta",nces, the following:
and inserting in its place a semicolon, by striking the period at the end of paragraph (5) of that subsection and inserting in its place the following:
"'> or",
and by adding immediately thereafter a new paragraph to read as follows: "(6) To withhold information from a practitioner that such person has obtained a
controlled substance of a similar therapeutic use in a concurrent time period from another practitioner."

Section 7. Said chapter is further amended by striking paragraphs (152.1) and (152.2) of subsection (b) of Code Section 16-13-71, relating to dangerous drugs, and by adding in the appropriate paragraph positions in said subsection (b) the following new paragraphs:
"(42.1) Amiodarone; (116.1) Buproprion; (119.1) Butoconazole nitrate; (144.1) Carnitine; (152.1) Ceforanide; (152.2) Cefotaxime sodium; (152.3) Cefotetan disodium; (192.1) Cilastatin sodium; (198.1) Clobetasol propionate; (311.1) Disibind; (331.1) Enalapril; (470.1) Indium IN 111 oxyquinolone; (475.1) lobexol; (487.1) lopamidol; (509.15) Ketoprofen; (516.1) Levobunolol hydrochloride; (615.01) Mexiletine; (629.1) Nabilone; (704.1) Permetbrin; (928.1) Suprofen;".

2410

JOURNAL OF THE HOUSE,

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 Parham of the 105th moved that the House adopt the report of the Committee of Conference on HB 169.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M
Y Aiken Y Alford
Alien Y Athon Y Atkins
Bailey Y Balkcom
Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick
Branch Bray Y Brooks Y Brown Buck Y Buford YByrd Y Carrell 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 Couch
Cox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis,M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards
Felton Y Floyd Y Foster Y Galer Y God bee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Y Banner Y Harris
Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb
Y Holmes Y Hooks Y Hudson
Y Isakson Y Jackson,J Y Jackson, W
Jamieson Y Johnson,D Y Johnson.R Y Kilgore Y Kingston
Y Lane.D Y Lane,R
Langford Y Lawler Y Lawrence Y Lawson YLee Y Under
Long YLord
Lucas Y Lupton Y Mangum
Y Martin Y McDonald
Y McKelvey Y McKinney
Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

On the motion, the ayes were 142, nays 0. The motion prevailed.

Mostiler Y Moultrie Y Mueller Y Oliver
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Peters Y Pettit Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard
Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
Ray Y Reaves
Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman
Y Shepard Y Sherrod Y Simpson
Sinkfield

Y Sizemore Y Smith,L
Y Smith,P Smith.T
Y Smith, W Smyre
YSnow Y Stancil
Y Stanley Steinberg
Y Stephens
Thomas.C Y Thomas,M Y Thompson
Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker,L YWall
Ware Watson Y Watts White Wilder Y Williams.B Y Williams,J
Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy.Spkr

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

HR 252. By Representatives Dover of the llth and Jamieson of the llth:
A resolution authorizing the conveyance of certain state owned property located in Habersham County, Georgia, to the Habersham County Board of Commissioners.

The following Senate substitute was read:

A RESOLUTION
Authorizing the conveyance of certain state owned property located in Habersham County, Georgia, to Piedmont Automotive Products, Inc.; to authorize the sale of certain

THURSDAY, MARCH 12, 1987

2411

state owned property which is the subject of a lease with the Southern Railway Company to the Tennessee Valley Railroad Museum under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of certain real property located in Habersham County, Georgia; (2) Said real property is described as: All that tract or parcel of land lying and being in Land Lot No. 22 in the 12th Land District of Habersham County, Georgia, and being more fully described as follows: Beginning at an iron pin corner on the north side of the right-of-way of State High way No. 115, the same being a corner common with the lands of Ray Palmer and the lands herein conveyed, and running thence with the land line of Ray Palmer 285 feet to an iron pin corner; thence an eastern direction 75 feet to an iron pin corner; thence a southern direction, a line parallel with Ray Palmer land line, 285 feet to an iron pin corner on the right-of-way of State Highway No. 115; thence a western direction, with said right-of-way, 75 feet to beginning corner. The above and foregoing described property is a part of the same property described in a warranty deed from Ray D. Palmer to Thomas J. Palmer, dated January 26, 1946, and found of record in Deed Book A-47, page 196, Clerk's Office, Habersham County, Georgia; (3) This property was conveyed to the State of Georgia by Thomas J. Palmer on June 11, 1953, for a consideration of $150.00; (4) The Georgia Forestry Commission planned to replace the office building and truck shed now located on the above-described site, containing approximately .49 acre; and (5) The Georgia Forestry Commission and Piedmont Automotive Products, through negotiations, have agreed upon terms for the exchange of the Forestry Commission's present site on approximately .49 acre and improvements for a .86 acre site and certain materials and supplies to enable the Georgia Forestry Commission to construct new facili ties; and
WHEREAS: (1) The State of Georgia is the owner of certain real property located in the City of Chattanooga, Hamilton County, Tennessee; (2) Said real property is described as follows: All or part of that certain tract or parcel of land, lying and being in the City of Chattanooga, Tennessee, in the First Civil District, Hamilton County, Tennessee, described as all or part of the Western and Atlantic Railroad right-of-way between King Street and Central Avenue (approximately 66'x4,055') shown on Western and Atlantic Railroad Valuation Map No. V4/S-1-A which is filed in the Georgia Department of Archives and History, Archives and Records Building, Atlanta, Fulton County, Georgia (said property is more particularly described in a DRAWING DATED April 17, 1985, and attached to the lease dated May 13, 1985, to Southern Railway Company on file in the office of the State Properties Commission); (3) The State of Georgia currently has the above-described property leased to the Southern Railway Company for $10.00 per year as authorized by Resolution Act No. 29, H.R. 111, approved March 28, 1985 (Ga. L. 1985, p. 577); (4) The lease dated May 13, 1985, was approved by the State Properties Commission at its regular meeting on May 7, 1985; (5) The Tennessee Valley Railroad Museum desires to use the above-described tract to reach the freight depot property northwest of King Street; and (6) If the State of Georgia sold such property to the Tennessee Valley Railroad Museum, the state would relieve itself of rail properties in the State of Tennessee with the exception of the Western and Atlantic rail property leased to the Seaboard System Railroad.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

2412

JOURNAL OF THE HOUSE,

Article 1.
Section 1. (a) That the State of Georgia is the owner of the above-described property located in Habersham County, Georgia, and that, in all matters relating to the conveyance of the property, the State of Georgia is acting by and through the State Properties Commission.
(b) That the above-described real property located in Habersham County, Georgia, shall be conveyed by appropriate instrument to Piedmont Automotive Products, Inc. by the State of Georgia, acting by and through the State Properties Commission, for a con sideration of certain materials and supplies to enable the Georgia Forestry Commission to construct new facilities and a deed from Piedmont Automotive Products, Inc. to the State of Georgia on the .86 acre site, and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia.
Article 2.
Section 2. (a) That the State of Georgia is the owner of the above-described real property located in the City of Chattanooga, Hamilton County, Tennessee, and that in all matters relating to the sale of such real property which is the subject of the lease the State of Georgia is acting by and through its State Properties Commission.
(b) That the State Properties Commission is authorized to sell the above-described property located in the City of Chattanooga, Hamilton County, Tennessee, subject to the lease agreement with the Southern Railway Company, to the Tennessee Valley Railroad Museum for a consideration equal to the fair market value of such property as determined by the State Properties Commission and upon such other terms and conditions as shall be prescribed by the State Properties Commission.
(c) That, if the sale and conveyance of property authorized by this article has not been executed prior to January 1, 1989, this article shall stand repealed in its entirety on January 1, 1989, and all provisions of this article shall be deemed to be void and of no effect.
Article 3.
Section 3. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. That all laws and parts of laws in conflict with this resolution are repealed.

Representative Colwell of the 4th moved that the House agree to the Senate substi tute to HR 252.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron YAdamS,G Y Adams,M YAiken
1
Bailey Balkcom Y Bannister
?g=S
?T"
YBenefield
;s& YSong

Branch Bray Y Brooks Y Brown
&
Y Carter Y Chambless Y Chance
SSffi.
YS
Y Clark.L
?asa ygl

*-i Cooper V Couch <*ox Y Crawford
;sr
Y Dixon Y Dobbs Y Dover
Y^wards
JEST
Y Foster
??g 8--

Y ftrppne V Greer y G e ham ' G ._ Y Gnffin
{if
Y Hasty * "avs
Heard
YS35
F
Y Hooks
*? g s w

Y Jamieson Y Johnson,D Y Johnson,R y Kilgore y ^^
ig,
y Y Lawson ? LeT
Y Linger
Y tui
Y "--U ? Mangum

THURSDAY, MARCH 12, 1987

2413

YMcKelvey Y McKinney
YMilam YMilford YMobley Y Moody Y Moore
Y Morton Mostiler
Y Moultrie Y Mueller Y Oliver Y Orrock YPadgett YPannell Y Parham

Y Parrish Patten
Peters Y Pettit
Phillips Pinkston Pittman
Y Porter Y Powell
Y Prichard Rainey
Y Ramsey.T Y Ramsey.V
Randall Y Ransom Y Ray

Y Reaves Redding
Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal
Y Selman Y Shepard
Y Sherrod Y Simpson
Sinkfield Y Sizemore Y Smith,L Y Smith,P
Smith.T

On the motion, the ayes were 139, nays 0. The motion prevailed.

Y Smith,W Smyre
Y Snow Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas.M
Thompson Thurmond 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 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 disagreeing to the House substitute thereto:

SB 170. By Senator Kidd of the 25th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 45 of the Official Code of Georgia Annotated, relating to public officers, so as to change requirements and procedures regarding the filling of vacancies in the offices of clerk of the superior court, judge of the probate court, county surveyor, and coroner.

Representative Holmes of the 28th moved that the House insist on its position in sub stituting SB 170.
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 219. By Senator Deal of the 49th:
A bill to amend Code section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of superior court, so as to change the term of court for the superior court of Hall County in the Northeastern Judicial Circuit.

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

Y Aaron Y Adams.G
Y Adams.M YAiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron

Y Barnett,B Y Barnett,M
Y Beck Y Benefield Y Benn Y Birdsong Y Bishop
Y Bostick Y Branch Y Bray Y Brooks Y Brown

Buck Buford
Byrd Y Carrell 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 Couch
Cox
Y Crawford Y Crosby Y Cummings
Davis.G Y Davis.M

Y Dixon Y Dobbs
Y Dover Dunn
Y Edwards Y Felton
Floyd
Y Foster Y Galer Y Godbee Y Goodwin Y Green

2414

JOURNAL OF THE HOUSE,

Greene Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Banner Y Harris Y Hasty YHays Heard Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson.J Y Jackson, W Y Jamieson Y Johnson.D Y Johnson,R Y Kilgore

Y Kingston Y Lane,D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson
YLee Y Linder
Long
Lord
Lucas Lupton Y Mangum
Y Martin Y McDonald Y McKelvey
Y McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Mostiler
Y Moultrie Y Mueller
Oliver Orrock Y Padgett Y Pannell Y Parham Y Parrish Patten Peters Y Pettit Phillips Pinkston Y Pittman Y Porter Y Powell
Y Prichard Rainey
Y Ramsey.T Y Ramsey.V
Randall Y Ransom
Ray

Y Reaves Redding Richardson
Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield Y Sizemore
Smith,L Y Smith.P Y Smith.T Y Smith,W
Smyre YSnow
Y Stancil Y Stanley Y Steinberg
Y Stephens Thomas,C

Y Thomas.M Y Thompson Y Thurmond
Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker.L YWall
Ware
Watson Y Watts
White
Wilder Y Williams.B Y Williams,J
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 Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 508. By Representatives Ware of the 77th, Wood of the 9th, Workman of the 51st, Lawson of the 9th and Colbert of the 23rd:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Anno tated, relating to the regulation of insurance rates and rate making, so as to authorize the Commissioner of Insurance to approve property or casualty insurance rates, policies, or contracts prior to their use upon a determination that a lack of competition or availability exists.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 508

The Committee of Conference on HB 508 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 508 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Stumbaugh Senator, 55th District
/s/ J. Nathan Deal Senator, 49th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ J. Crawford Ware Representative, 77th District
/s/ Joe T. Wood Representative, 9th District

/s/ Harrill L. Dawkins Senator, 45th District

/s/ Denmark Groover, Jr. Representative, 99th District

A BILL
To amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates and rate making, so as to authorize the Commissioner

THURSDAY, MARCH 12, 1987

2415

of Insurance to approve property or casualty insurance rates, policies, or contracts prior to their use upon a determination that a lack of competition or availability exists; to authorize the Commissioner to implement by order a plan to provide insurance coverages to citizens of this state by equitable apportionment among all property and casualty insur ers licensed to transact those types of insurance; to provide that insurance rates, rating plans, rating systems, and underwriting rules must be filed with the Commissioner at least 45 days prior to any indicated effective date and will not become effective unless so filed; to require the Commissioner to order an examination to determine the accuracy of claim reserves and claim reserve practices of an insurer when a rate filing results in any overall rate increase of 10 percent or more in any 12 month period; to provide exceptions; to authorize examinations in other rate filings; to prohibit the use of such rate until the examination is completed; to provide a time limit for review and certification of such examination; to provide for assessments against the parties of costs incurred by the Commissioner in conducting hearings; to authorize the Commissioner to prepare a study evaluating the impact of certain changes in the civil law and to contract with parties to aid in the preparation of such study; to provide that insurers shall furnish data required for such study; to provide that the results of such study shall be furnished to the General Assembly; 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 rates and rate making, is amended by redesignating subsec tion (e) of Code Section 33-9-8, relating to the requirement of agreements among admitted insurers for the apportionment of property and casualty insurance, as subsection (f) and inserting a new subsection (e) to read as follows:
"(e) Whenever the Commissioner determines that a lack of competition or a lack of availability exists in this state in either property or casualty insurance, the Commis sioner is authorized to protect the health, property, and welfare of the citizens of this state by exercising the following authority:
(1) The Commissioner shall approve all rates contemplated to be used under this Code section prior to their use;
(2) The Commissioner shall approve any policies or contracts used pursuant to any agreement or plan established under this Code section and such policies or contracts shall be used exclusively in this state for those kinds of insurance. The use by any person of any policies or contracts which are different from those established in accordance with this Code section shall be prohibited; and
(3) The Commissioner may by order implement a plan or program to provide the necessary insurance coverages to the citizens of this state by equitable apportionment among all property and casualty insurers licensed to transact those kinds of insurance in this state."
Section 2. Said chapter is further amended by striking Code Section 33-9-21, relating to the filing of rates, rating plans, rating systems, underwriting rules, and policy and bond forms by insurers, and inserting in lieu thereof a new Code Section 33-9-21 to read as fol lows:
"33-9-21. (a) Every insurer shall maintain with the Commissioner copies of the rates, rating plans, rating systems, underwriting rules, and policy or bond forms used by it. The maintenance of rates, rating plans, rating systems, underwriting rules, and policy or bond forms with the Commissioner by a licensed rating organization of which an insurer is a member or subscriber will be sufficient compliance with this Code section for any insurer maintaining membership or subscriberships in such organization, to the extent that the insurer uses the rates, rating plans, rating systems, underwriting rules, and policy or bond forms of such organization; provided, however, the Commissioner may when he deems it necessary, without compliance with the rule-making procedures of this title or Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act':
(1) Require any domestic, foreign, and alien insurer to file the required rates, rating plans, rating systems, underwriting rules, and policy or bond forms used inde pendent of any filing made on its behalf or as a member of a licensed rating organiza tion, as he shall deem to be necessary to ensure compliance with the standards of this

2416

JOURNAL OF THE HOUSE,

chapter and Code Section 34-9-130 and for the best interests of the citizens of this state; and
(2) Require any domestic, foreign, and alien insurer, writing or authorized to write workers' compensation insurance in this state, to file such insurer's own individual rate filing for premium rates to be charged for workers' compensation insurance cover age written in this state. Such premium rates shall be developed and established based upon each individual insurer's experience in the State of Georgia to the extent actuarially credible. The experience filed shall include the loss ratios, reserves, reserve development information, expenses including commissions paid and dividends paid, investment income, pure premium data adjusted for loss development and loss trending, profits, and all other data and information used by that insurer in formu lating its workers' compensation premium rates which are used in this state and any other information or data required by the Commissioner. The Commissioner is author ized to accept such rate classifications as are reasonable and necessary for compliance with this chapter. (b) Any domestic, foreign, or alien insurer that is authorized to write insurance in this state must file with the Commissioner any rate, rating plan, rating system, or underwriting rule at least 45 days prior to any indicated effective date. No rate, rating plan, rating system, or underwriting rule will become effective, nor may any premium be collected by any insurer thereunder, unless the filing has been received by the Commissioner in his office not less than 45 days prior to its effective date. (c) When a rate filing of an insurer required in this Code section results in any over all rate increase of 10 percent or more within any 12 month period, the Commissioner shall order an examination of that insurer to determine the accuracy of the claim reserves, the applicability of the claim reserve practices for the loss data used in support of such filing, and any other component of the rate filing: provided, however, that in the event the overall increase is less than 25 percent within any 12 month period and the Commissioner affirmatively determines that he has sufficient information to evaluate such rate increase and that the cost thereof would not be justified, he may waive all or part of such examination. In all other rate filings required in this Code section, the Commissioner may order an examination of that insurer as provided in this subsection. Such examination shall be conducted in accordance with the provisions of Chapter 2 of this title. Upon notification by the Commissioner of his intent to conduct such exami nation, the insurer shall be prohibited from placing the rates so filed in effect until such examination has been reviewed and certified by the Commissioner as being complete. Such examination, if conducted by the Commissioner, shall be reviewed and certified within 90 days of the date such rate, rating plan, rating system, or underwriting rule is filed; provided, however, if the Commissioner makes an affirmative finding that the examination may not be completed within the 90 day period, he may extend said time for an additional 60 days."
Section 3. Said chapter is further amended by adding immediately following Code Section 33-9-28, relating to hearings by the Commissioner upon failure of an insurer to correct noncompliance, a new Code Section 33-9-28.1 to read as follows:
"33-9-28.1. The costs incurred by the Commissioner in conducting any hearing under this chapter may be assessed against the parties to the hearing in such proportion as the Commissioner may determine upon consideration of all relevant circumstances including, but not limited to, the nature of the hearing; whether the hearing was insti gated by or for the benefit of a particular party or parties; whether there is a successful party on the merits of the proceeding; and the relative levels of participation by the par ties. For purposes of this Code section, costs incurred shall include payments made by the Commissioner to obtain the services of independent contractors or outside experts and travel expenses of such contractors or experts. The Commissioner shall make the assessment of costs incurred as part of the final order or decision arising out of the pro ceeding; provided, however, that any order or decision shall include findings and conclu sions of the Commissioner or his designee to support the assessment of costs."
Section 4. Said chapter is further amended by adding a new Code Section 33-9-41 to read as follows:

THURSDAY, MARCH 12, 1987

2417

"33-9-41. (a) Any legislative changes enacted by the General Assembly in 1987 regarding modifications in Georgia civil law may have a prospective effect upon the loss experience of insurers subject to this title and the Commissioner is authorized to prepare a study evaluating the effects such civil law change may have based on claims data for the previous two years.
(b) The Commissioner is authorized to enter into any agreement with any corpora tion, association, or other entity, as deemed appropriate, to undertake the process described in subsection (a) of this Code section for the compilation and analysis of the data collected by the department.
(c) The Commissioner shall require and all insurers licensed in this state shall fur nish such information or data to the Insurance Department as required to complete this study.
(d) The Commissioner shall furnish the results of the study authorized by this Code section to the General Assembly."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Groover of the 99th moved that the House adopt the report of the Committee of Conference on HB 508.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell 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 Couch YCox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn
Edwards Y Felton
Floyd Foster Y Galer
Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb
Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson
YLee Y Under
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

On the motion, the ayes were 155, nays 1. The motion prevailed.

Mostiler Moultrie
Y Mueller Y Oliver
Y Orrock
Y Padgett Pannell
Y Parham Y Parrish
Patten Peters Y Pettit Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard
Rainey Y Ramsey.T Y Ramsey.V
Y Randall Y Ransom YRay
Reaves
Y Redding Richardson
Y Ricketson Y Robinson,C Y Robinson,P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield

Y Sizemore Y Smith,L
Y Smith,P Y Smith,T Y Smith.W YSmyre YSnow Y Stancil Y Stanley
Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Townsend
Y Triplett Y Twiggs
Y Waddle Y Waldrep
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J
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 732. By Representative Pittman of the 60th:

2418

JOURNAL OF THE HOUSE,

A bill to amend an Act creating a new charter for the City of Duluth, so as to provide a new charter for the City of Duluth.

The following Senate substitute was read:

A BILL
To amend an Act creating a new charter for the City of Duluth, approved March 25, 1958 (Ga. L. 1958, p. 3148), as amended, so as to provide a new charter for the City of Duluth; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investi gations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other per sonnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; 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. An Act creating a new charter for the City of Duluth, approved March 25, 1958 (Ga. L. 1958, p. 3148), as amended, is amended by striking Sections 1 through 43 in their entirety and inserting in lieu thereof the following:
"ARTICLE I INCORPORATION AND POWERS
Section 1.10. Incorporation. This city and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style City of Duluth, Georgia, and by that name shall have perpetual succession.
Section 1.11. Corporate boundaries, (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with the addition of the area described in Exhibit 'A,' which is which is attached hereto and incorporated herein by reference. Upon the adoption of this charter, the boundaries of this city shall include all of the area within the corporate boundaries of this city on the effective date of this charter and all of the additional areas described on Exhibit 'A' attached hereto and incorporated herein by reference. Alterations of the boundaries of this city may be made from time to time in a manner provided by law. The boundaries of this city at all times shall be shown on a map to be retained permanently in the office of the city clerk and to be designated: 'Official Map of the Corporate Limits of the City of Duluth, Georgia.' Photographic, typed, or other copies of such map certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map.
(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 entire map or maps which it is designated to replace.
Section 1.12. Powers and construction, (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law.

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(b) The powers of this city shall be construed liberally in favor of the city. The spe cific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.
Section 1.13. Examples of powers.
(1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city;
(2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph;
(3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city;
(4) Building regulations. To regulate and to license the erection and construction
of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades;
(5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees;
(6) Condemnation. To condemn property, inside or outside the corporate limits of
the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted;
(7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations;
(8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for
the protection, safety, health, or well-being of the citizens of the city; (9) Fire regulations. To fix and establish fire limits and from time to time extend,
enlarge, or restrict the 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 violations thereof;
(10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and cor porations residing in or doing business within the city and benefiting from such
services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges;
(11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards;
(12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source
for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose;
(13) Health and sanitation. To prescribe standards of health and sanitation and to
provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the city's court
may work out such sentences in any public works or on the streets, roads, drains, and

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squares of the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials;
(15) Motor vehicles. To regulate the operation of motor vehicles and exercise con trol over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city;
(16) Municipal agencies and delegation of power. To create, alter, or abolish depart ments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers con ferred upon or delegated to the same;
(17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia;
(18) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city;
(19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof;
(20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same;
(21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property;
(22) Penalties. To provide penalties for violation of any ordinances adopted pur suant to the authority of this charter and the laws of the State of Georgia;
(23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing com munity;
(24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police or firefighting agency;
(25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public;
(26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facili ties, cemeteries, markets and market houses, public buildings, libraries, public housing,
airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educa
tional, recreational, conservation, sport, curative, corrective, detentional, penal, and
medical institutions, agencies, and facilities; to provide for any other public improve
ments inside or outside the corporate limits of the city; to regulate the use of public
improvements; and, for such purposes, property may be acquired by condemnation
under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter
be enacted;
(27) Public peace. To provide for the prevention and punishment of drunkenness,
riots, and public disturbances;
(28) Public transportation. To organize and operate such public transportation sys
tems as are deemed beneficial;
(29) Public utilities and services. To grant franchises or make contracts for public
utilities and public services and to prescribe the rates, fares, regulations, and stan
dards and conditions of service applicable to the service to be provided by the fran
chise grantee or contractor, insofar as not in conflict with valid regulations of the
Public Service Commission;

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(30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances;
(31) Retirement. To provide and maintain a retirement plan for officers and employees of the city;
(32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so;
(33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system;
(34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, alumi num, cardboard, paper, and other recyclable materials and provide for the sale of such items;
(35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explo sive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind by taxation or otherwise; and to license, tax, regu late, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors;
(36) Special assessments. To levy and provide for the collection of special assess ments to cover the costs of any public improvements;
(37) Ad valorem taxes. To levy and provide for the assessment, valuation, revalua tion, and collection of taxes on all property subject to taxation;
(38) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law;
(39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordi nance; and to regulate the parking of such vehicles;
(40) Urban redevelopment. To organize and operate an urban redevelopment pro gram; and
(41) Other powers. To exercise and enjoy all other powers, functions, rights, privi leges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held

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to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.14. Exercise of powers. All powers, functions, rights, privileges, and immuni ties of the city, its officers, agencies, or employees shall be carried into execution as pro vided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
Section 2.10. City council creation; 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 five councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter.
Section 2.11. City council terms and qualifications for office. The members of this city council 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 councilmember unless he shall have been a resident of the city for a period of one year preceding the date of the election of the mayor or members of the city council and must be a qualified voter in municipal elections for officers of said city; and the mayor or councilmember shall con tinue to reside therein during his period of service and to be registered and qualified to vote in municipal elections of this city.
Section 2.12. Vacancies; filling of vacancies, (a) The office of mayor or councilmember 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 councilmember shall be filled for the remain der of the unexpired term, if any, as provided for in this charter.
Section 2.13. Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
Section 2.14. Holding other office; voting when personally interested, (a) Except as authorized by law, the mayor or any councilmember shall not hold any other city office or city employment during the term for which he was elected.
(b) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which he is personally inter ested.
Section 2.15. 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 as provided by ordinance.
Section 2.16. General power and authority of the city council. Except as otherwise pro vided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter.
Section 2.17. Eminent domain. The city council is empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, elec trical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof and, for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
Section 2.18. Organizational meetings. The city council shall hold an organizational meeting on the second Monday in January. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the newly elected members as follows:

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'I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America.'
Section 2.19. Regular and special meetings, (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meetings on any date or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting.
(b) The mayor and city council may hold special meetings and may transact business therein in accordance with the law.
(c) All meetings of the city council may be public in accordance with applicable law. Section 2.20. Rules of procedure, (a) The city council shall adopt rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record.
(b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
Section 2.21. Quorum; voting. The mayor, or mayor pro tempore, and three councilmembers shall constitute a quorum and shall be authorized to transact the busi ness of the city council. Voting on the adoption of ordinances may be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of the majority of the members present shall be required for the adoption of any ordinance, resolution, or motion.
Section 2.22. Action requiring an ordinance. Acts of the city council which have the force and effect of law shall be enacted by ordinance.
Section 2.23. Ordinance forms; procedures, (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 Duluth hereby ordains....'
(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish.
Section 2.24. Codes of technical regulations. The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The proce dure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally.
Section 2.25. Signing; authentication; recording; codification; printing. The clerk shall authenticate by his signature and shall record in full in a properly indexed book kept for that purpose all ordinances adopted by the council.
(b) The city shall provide for the preparation of a general codification of all the ordi nances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and such codes of technical regulations and other rules and
regulations as the city council may specify. This compilation shall be known as and cited officially as 'The Code of the City of Duluth, Georgia.' Copies of the code shall be fur
nished to all officers, departments, and agencies of the city and shall be 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 printed promptly following its adoption, and the printed ordinances and charter
amendments shall be made available for purchase by the public at reasonable prices to be fixed by the 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 are

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deemed desirable with reproduction and distribution of any current changes in or addi tions to codes of technical regulations and other rules and regulations included in the code.
Section 2.26. Election of mayor; forfeiture; compensation. The mayor shall be elected for and shall serve for a term of two years and until his successor is elected and quali fied. The mayor shall be a qualified elector of this city and shall have been a resident of the city for one year immediately preceding his election. The mayor shall continue to reside in this city during the period of his service. The mayor shall forfeit his office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.
Section 2.27. Mayor pro tempore. By a majority vote, at the first regular meeting of the mayor and council in each year, they shall elect a councilmember to serve as the mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's disability or absence. If the mayor pro temporee is absent because of sickness or disqualification, any one of the remaining councilmembers, chosen by the members present, shall be clothed with all the rights and privileges of the mayor and shall perform the mayor's duties.
Section 2.28. Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial
purposes and be the official spokesman for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved con
tracts, ordinances, and other instruments executed by the city which by law are required to be in writing;
(5) Vote only in case of a tie or in case only one vote is needed to pass any motion, resolution, ordinance, or other question before the council, the mayor, or mayor pro tempore, if presiding, may vote and the mayor may be counted toward a quorum as any other councilmember; and
(6) Fulfill such other executive and administrative duties as the city council shall by ordinance establish.
ARTICLE III ADMINISTRATIVE AFFAIRS
Section 3.10. Administrative and service departments, (a) Except as otherwise pro vided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, depart ments, and agencies of the city as necessary for the proper administration of the affairs and government of this city.
(b) Except as otherwise provided by this charter or by law, the directors of depart ments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) All appointed officers and directors of departments shall receive such compen sation 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, be responsible for the administration and direction of the affairs and operations of his 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, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof.
(b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or man ner of appointment is prescribed by this charter or by law.

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(c) The city council, by ordinance, may provide for the compensation and reimburse ment for actual and necessary expenses of the members of any board, commission, or authority.
(d) Except as otherwise provided by charter, ordinance, or by other 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 for the original appointment, except as otherwise provided by this charter or by law.
(f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating such member to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordi nance and administered by the mayor.
(g) Any member of a board, commission, or authority may be removed from office for cause by a vote of the city council.
(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-chairman, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the ful fillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regu lations shall be filed with the clerk of the city.
Section 3.12. City attorney. The mayor and 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 or employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him by virtue of his position as city attorney.
Section 3.13. City clerk. The mayor and council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, main tain the 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 mayor and council may designate the city clerk or some other person as city treasurer and may designate a certain bank as city depository. The city treasurer shall be responsible for the general duties of a fiscal officer and such other duties as may be provided by ordinance.
ARTICLE IV MUNICIPAL COURT
Section 4.10. Creation; name. There shall be a court to be known as the Municipal Court of the City of Duluth.
Section 4.11. Chief judge, (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordi nance. 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 a judge on the municipal court unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. Any and 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 the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.

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Section 4.12. Convening. The municipal court shall be convened at regular intervals as provided by ordinance.
Section 4.13. Jurisdiction: powers, (a) The municipal court shall try and punish viola tions of this charter, all city ordinances, and such other violations as provided by law.
(b) The municipal court shall have authority to punish those in its presence for con tempt. Such punishment shall not exceed $200.00 or 15 days of imprisonment and labor on the public works of the city, or by both such fine and imprisonment.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment and labor on the public works of the city for one year or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law.
(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, trans portation, 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 appearance and shall fail to appear at the time fixed for trial, his bond shall be for feited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for secur ity 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 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.
(g) 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 law.
(h) Each judge of the municipal court may be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
(i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and par ticularly 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 ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Gwinnett 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; pro vided, however, that the city council may adopt in part or in toto the rules and regula tions applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.

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ARTICLE V ELECTIONS AND REMOVAL
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., the 'Georgia Municipal Election Code,' as now or hereafter amended.
Section 5.11. Election of the city council and mayor, (a) There shall be a municipal general election annually on the first Saturday in December.
(b) On the first Saturday in December, 1987, there shall be elected a mayor and two councilmembers, whose terms of office shall be for two years, beginning on the first Monday in January, 1988, and each of said officers shall hold office until his successor is elected and qualified. And on the first Saturday in December every two years there after, there shall be elected a mayor and two councilmembers, whose terms of office shall be for two years and until their successors are elected and qualified, who shall take office on the first Monday in January next following their election. There shall be elected three councilmembers on the first Saturday in December, 1988, whose terms of office shall be for two years, beginning on the first Monday in January, 1989, and each of said councilmembers shall hold office until that member's successor is elected and qualified; and on the first Saturday in December every two years thereafter, there shall be elected three councilmembers, whose terms of office shall be two years and until their successors are elected and qualified, who shall take office on the first Monday in Janu ary next following their election.
Section 5.12. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations.
Section 5.13. Election by majority. The person receiving a majority of the votes cast for any city office shall be elected.
Section 5.14. Special elections: interim appointments: vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the city council or those remaining shall appoint a successor who shall serve until the next regu larly scheduled election. Should the office which became vacant not be scheduled for election at the next regularly scheduled election, then the city council shall order a spe cial election at the time of the regularly scheduled election to fill the balance of the unexpired term of the vacant position. The special election to fill the unexpired term shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the 'Georgia Municipal Election Code,' as now or hereafter amended.
Section 5.15. Other provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 3 of Title 21 of the O.C.G.A., the 'Georgia Municipal Election Code."
Section 5.16. Removal of officers, (a) The mayor or councilmembers may be removed from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude;
(3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law;
(4) Knowingly violating any express prohibition of this charter;
(5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law.
(b) Removal of an officer pursuant to subsection (a) of this section shall be accom plished by one of the following methods:
(1) By the vote of four councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such offi
cer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service

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of such written notice. Any elected officer sought to be removed from office as pro vided in this section shall have the right of appeal from the decision of the city coun cil to the Superior Court of Gwinnett County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or
(2) By an order of the Superior Court of Gwinnett County following a hearing on a complaint seeking such removal brought by any resident of the City of Duluth.
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, of 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 shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
Section 6.12. Occupation and business taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by 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 within the city 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 may compel the payment of such taxes as provided in Section 6.18 of this charter.
Section 6.13. Licenses; permits; fees. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and to pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.
Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, tele phone companies, electric companies, cable television companies, gas companies, trans portation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the con sideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registra tion of all franchises with the city clerk in a registration book kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
Section 6.15. Service charges. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
Section 6.16. Special assessments. The city council by ordinance shall have the power to assess and collect the costs 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

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are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
Section 6.17. Construction; other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
Section 6.18. Collection of delinquent taxes and fees. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by 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, 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 laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance 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 pro duced by the project, program, or venture for which they were issued.
Section 6.21. Short-term loans. The city may obtain short-term loans and must repay
such loans not later than December 31 of each year, unless otherwise provided by 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 govern ment.
Section 6.23. Preparation of budgets. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual oper
ating budget, a capital improvement program, and a capital budget, including require ments as to the scope, content, and form of such budgets and programs.
Section 6.24. Submission of operating budget to city council. On or before a date fixed
by the city council but not later than 60 days prior to the beginning of each fiscal year, the city clerk shall submit to the city council a proposed operating budget for the ensu ing fiscal year. The budget shall be accompanied by a message from the city clerk con
taining a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a gen eral summary of the budget, and such other comments and information as he may deem pertinent. The operating budget and the capital improvements budget hereinafter pro vided for, the budget message, and all supporting documents shall be filed with the
judge of the municipal court and shall be open to public inspection. Section 6.25. Action by city council on budget, (a) The city council may amend the
operating budget proposed by the city clerk, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provi
sions of this charter and for all debt service requirements for the ensuing fiscal year. 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 operating budget for the ensu ing fiscal year not later than the fifteenth day of January each year. If the city council fails to adopt the budget by said 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 ensuing fiscal year. Adoption of the budget 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 as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter.

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(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropria tions or allotments thereof to which it is chargeable.
Section 6.26. Tax levies. Following adoption of the operating 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 appli cable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general govern ment of this city.
Section 6.27. Changes in appropriations. The city council by ordinance 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, but any additional appropriations may be made only from an existing unexpended surplus.
Section 6.28. 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 government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.
Section 6.29. Contracting procedures. No contract with the city shall be binding on the city unless:
(1) It is in writing; or (2) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21 of this charter. Section 6.30. Centralized purchasing. The city council may by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.31. 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 now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both find ing that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may author ize 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 when such exchange is deemed to be in the best interest of the city. All deeds and convey ances heretofore and hereafter so executed and delivered shall convey all title and inter est 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. Bonds for officials. The officers and employees of the city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council may from time to time require by ordi nance or as may be provided by law.
Section 7.11. Prior ordinances. All ordinances, resolutions, rules, and regulations now in force in the city 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. Pending matters. Except as specifically provided otherwise by this char ter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings

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2431

shall continue and any such ongoing work or cases shall be completed by such city agen cies, personnel, or offices as may be provided by the city council.
Section 7.13. Construction, (a) Section captions in this charter are informative only and shall not be considered as a part thereof.
(b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. Section 7.14. Severability. In the event any article, section, subsection, paragraph, sen tence, or part of this charter shall be held to be invalid or unconstitutional, such inva lidity or unconstitutionally shall not affect nor impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent and in enacting that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other."
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.
EXHIBIT A All that area described as follows: Tax Parcel #7-161-25 All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land Dis trict of Gwinnett County, Georgia as per a plat and survey dated October 18, 1972 pre pared by Michael A. Royston & Associates containing 0.735 acres and more particularly described as follows: Beginning at an iron pin stake at a point on the Southeast right-of-way of Lakeview Drive marked by an iron pin at the point where the Southwest right-of-way of Lakeview Drive and the Southeast right-of-way of Norman Circle intersect; thence running North 30 degrees 45 minutes East 141.00 feet to an iron pin; thence North 31 degrees 15 minutes East 60 feet to an iron pin at other property owned by Grady Palmour, and the foregoing calls and distances have run along the Southeast right-of-way of Lakeview Drive; thence South 68 degrees 52 minutes East a distance of 217.0 feet, more or less, to the water line of Norman Lake; thence running in a Southwesterly direction along the contour and curva ture of Norman Lake to an iron pin at the Northeast right-of-way of Norman Circle; thence running North 28 degrees 11 minutes West along the right-of-way of Norman Circle 53 feet to a pin corner and the point of beginning. Tax Parcel #7-161-144 All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land Dis trict, Gwinnett County, Georgia, and being more particularly described according to a plat of said tract prepared by Charles Russell Dean, Registered Land Surveyor, dated Novem ber 12, 1979, which plat is recorded in Plat Book 12, Page 56A, Gwinnett County Plat Records, and incorporated herein by reference thereto and is more particularly described according to said Plat as follows: Beginning at a point at the terminus of the Northern edge of the existing right-of-way of Norman Drive as shown on said plat and run thence North 19 degrees 28 minutes 34 seconds East 91.50 feet to a point located 10 feet more or less from the Southwestern edge of Lake Norman; run thence Southeasterly, Easterly and Northeasterly along the South erly edge of Lake Norman (at its normal pool level) 515 feet more or less to a point; run thence South 27 degrees 40 minutes 16 seconds East 273.00 feet to a point; run thence South 62 degrees 42 minutes 02 seconds West 323.48 feet to a point; continue thence South 62 degrees 42 minutes 02 seconds West 30 feet more or less to a point in the center of a branch; run thence Northwesterly along the centerline of said branch 178 feet more or less to a point (the centerline of said branch being the property line), the course along said branch being represented by the following chord bearing and distance: commencing at the iron pin located North 62 degrees 42 minutes 02 seconds East 30 feet more or less from the centerline of said branch; thence a chord bearing of North 13 degrees 35 minutes

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24 seconds West and chord distance of 178.24 feet to a point located North 62 degrees 09 minutes 34 seconds West 59.77 feet more or less from the centerline of said branch; run thence South 62 degrees 09 minutes 34 seconds West 229.77 feet to an iron pin set; run thence North 20 degrees 51 minutes 26 seconds West 150.00 feet to an iron pin located on the terminus of the Southerly side of the right-of-way of existing Norman Drive; run thence North 64 degrees 51 minutes 26 seconds West 66.80 feet to a point on the terminus of the Northern side of the right-of-way of existing Norman Drive and the point or place of beginning, said tract containing 3.01 acres, more or less. Tax Parcel #7-161-124
All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land Dis trict of Gwinnett County, Georgia, and being more particularly described as follows:
Beginning at an iron pin on the Southeast right-of-way line of Norman Circle (40 foot right-of-way) located 648.5 feet Northeast as measured along said right-of-way line from its intersection with the Northeast right-of-way line of Georgia Highway Number 120 (80 foot right-of-way); run thence North 59 degrees 20 minutes East along the Southeast rightof-way of Norman Circle 217.5 feet to an iron pin; run thence South 20 degrees 15 minutes East 150 feet to an iron pin; run thence North 62 degrees 15 minutes East 150 feet to an iron pin; run thence North 68 degrees 55 minutes East 12 feet to an iron pin; run thence South 31 degrees 58 minutes East 217.1 feet to an iron pin; run thence South 32 degrees 13 minutes East 84 feet to an iron pin; thence in a Northeasterly direction 229 feet; thence Southwesterly 240 feet; thence Southwesterly 737.5 feet along the Northern boundary of Tax Parcel 7-161-15 to an iron pin; run thence North 48 degrees 12 minutes West 197.1
feet to an iron pin; run thence North 54 degrees 58 minutes East 86 feet to an iron pin; run thence North 37 degrees 34 minutes West 267.7 feet to an iron pin on the Southeast right-of-way line of Norman Circle which is the place or point of beginning. Tax Parcel #7-161-14E
All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land Dis
trict of Gwinnett County, Georgia, as shown on a plat of property of Paul Murphy and Mrs. Willene D. Murphy dated February 11, 1961, by C. M. Higginbotham, Surveyor, and
being more particularly described as follows: Beginning at a point on the Southerly side of Norman Circle which point is 866 feet
Easterly along the Southerly side of Norman Circle and following the curvature thereof
from the intersection of the Southerly side of Norman Circle with the Easterly side of the Duluth-Lawrenceville Highway, and running thence North 62 degrees 15 minutes East along the Southerly side of Norman Circle, 150 feet to a point which is the Northwest
corner of Bobby A. Jones' lot, as shown on said plat; thence South 15 degrees East along the Westerly side of said Bobby A. Jones' lot 150 feet to a point which is the Southwest corner of said Bobby A. Jones' lot; thence South 62 degrees 15 minutes West 150 feet to
a point; thence North 20 degrees 15 minutes West 150 feet to an iron pin on the Southerly side of Norman Circle at the point of beginning. Tax Parcel #7-161-14H
All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land Dis
trict of Gwinnett County, Georgia, containing 0.34 acres according to a plat of survey by C. M. Higginbotham, Surveyor, dated December 17, 1957, revised February 11, 1964, and being more particularly described as follows:
Beginning at a point located at the Southerly side of Norman Road, said point of beginning being 1166 feet from the Southeasterly intersection of Norman Road and State Highway Number 120, and running thence in a Southeasterly direction along the Southerly side of Norman Road 100 feet to a point; running thence in a Southeasterly direction 150 feet to a point; running thence in a Southwesterly direction 100 feet to a point; running
thence in a Northwesterly direction 150 feet to the point of beginning. This is the same property described in Warranty Deeds recorded in Deed Book 139,
Page 103, Deed Book 198, Page 65, Deed Book 225, Page 362, Deed Book 278, Page 517, Gwinnett County Deed Records. Norman Road as referred to in the above-description is now sometimes known as Norman Circle. Tax Parcel #7-161-14F
All that tract or parcel of land lying and being in Land Lot 161 of the 7th District
of Gwinnett County, Georgia, being more particularly described as follows:

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Beginning at an iron pin on the Southeasterly side of Norman Circle, 1,016 feet Northeasterly from Duluth-Lawrenceville Highway (also State Highway Number 120) and running thence Northeasterly along the Southeasterly side of Norman Circle 150 feet to an iron pin; running thence South 20 degrees 15 minutes East 150 feet to an iron pin; running thence South 68 degrees 55 minutes West 150 feet to an iron pin, and running thence North 20 degrees 15 minutes West 150 feet to the Southeasterly side of Norman Circle and point of beginning; being improved property as shown on survey of United Sur veying & Engineering Co., dated May 31, 1967. Tax Parcel #7-161-14B
All that tract or parcel of land lying and being in Land Lot 161, 7th Land District, (Duluth General Militia District 1263) Gwinnett County, Georgia and being more partic ularly described as .736 acres on a plat of survey prepared for Grady Palmour on October 18, 1972 by Michael A. Royston and Associates, Georgia Registered Land Surveyor Number 1731. Said plat of survey is recorded in Plat Book 20, Page 174-B, Gwinnett County, Georgia Records and is incorporated herein by reference. Tax Parcel #7-161-13A
All that tract or parcel of land lying and being in Land Lot 161 of the 7th District of Gwinnett County, Georgia according to survey for James A. Martin dated April 26, 1972, by James G. Akins, Professional Land Surveyor #1670 and being more particularly described as follows:
Beginning at a point in the centerline of Norman Circle 866.5 feet Northeasterly as measured along the centerline of Norman Circle from the point where the centerline of Norman Circle, if extended, intersects the centerline of Georgia Highway Number 120; running thence from the point or place of beginning so established, North 62 degrees 10 minutes East along the Northwesterly side of the right-of-way of Norman Circle, a dis tance of 193.0 feet to an iron pin set at the point formed by the intersection of the North westerly side of the right-of-way of Norman Circle with the Southwesterly side of the right-of-way of Norman Circle; running thence North 29 degrees 56 minutes West along the Southwesterly side of the right-of-way of Norman Circle, a distance of 200.0 feet to an iron pin set; running thence South 62 degrees 10 minutes West along the Southeasterly line of other property of Odum a distance of 193.0 feet to an iron pin found; running thence South 29 degrees 56 minutes East along the Northeasterly line of other property of Odum a distance of 200.0 feet to the centerline of Norman Circle and the point or place of beginning. Said property being 0.88 acres and being improved property known as Number 2941 Norman Circle according to the present system of numbering houses in Gwinnett County, Georgia.
Tax Map Parcel #6-267-16, 46
All that piece or parcel of land situate, lying and being in Land Lot 267, 6th District, Gwinnett County, Georgia, and being more particularly described as follows, to-wit:
To find the point of beginning start at the intersection of the Northwesterly right-ofway boundary of U. S. Highway Number 23 and the centerline of the A. & C. A. L. Railway Company's tract (615-2); thence South 47 degrees 43 minutes West along the said Northwesterly right-of-way boundary of U. S. Highway Number 23, a distance of 50 feet to an iron pipe, which is the true point of beginning; and running thence South 47 degrees 43 minutes West along said Northwesterly right-of-way boundary of U. S. Highway Number 23 a distance of 526.75 feet to an iron pin in the centerline of Old Berkeley Lake Road; thence South 87 degrees 55 minutes West along said centerline of Old Berkeley Lake Road, a distance of 188.55 feet; thence North 31 degrees 07 minutes West a distance of 250.33 feet to an iron pipe in the Southeasterly right-of-way boundary of the A. & C. A. L. Railway Company, that is 100 feet Southeastwardly from the centerline of the Southeasterly main track of said Railway Company; thence North 48 degrees 27 minutes East along said Southeasterly right-of-way boundary of the A. & C. A. L. Railway Company a distance of 389.30 feet to an iron pipe that is 50 feet from, as measured radially to, the centerline of said track (615-2) of the A. & C. A. L. Railway Company; thence Southeastwardly along a curve to the right (radius 391.68 feet - chord South 75 degrees 02 minutes East, 430.77 feet) an arc distance of 456.11 feet, more or less, to the point or place of beginning, containing 4.733 acres, more or less.

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Tax Map Parcel #6-292-7 All that tract or parcel of land lying and being in Land Lots 292 and 265 of the 6th
District, Gwinnett County, Georgia, being 4.44 acres, more or less, according to survey by Dorsey R. Brumbelow, and being more particularly described as follows: Beginning at a point at the intersection of the Southeasterly right-of-way of U. S. Highway Number 23 and the Easterly right-of-way of Howell Road, run thence along the Southeasterly right-ofway of U. S. Highway Number 23, 266.7 feet more or less to a point on the right-of-way of U. S. Highway Number 23 which is the point of beginning, run thence South 54 degrees 43 minutes East 192.5 feet more or less to a point, run thence South 44 degrees 57 minutes East 600.0 feet more or less to a point; run thence North 60 degrees 07 minutes East 157.0 feet more or less to a point; run thence North 35 degrees 10 minutes West 564.0 feet more or less to a point; run thence North 28 degrees 40 minutes West 388.0 feet more or less to a point on the edge of the paving of U. S. Highway Number 23, run thence Southwest along the edge of the paving of U. S. Highway Number 23, 400.0 feet more or less to a point; run thence Southeasterly 37.5 feet to the point of beginning.
Being the same property conveyed to Cecil R. Bailey by Warranty Deed recorded in Deed Book 99, Page 590, Gwinnett County, Georgia Records. Tax Map Parcel #6-295A-7
All that tract or parcel of land lying and being in Land Lot 295 of the 6th District, Gwinnett County, Georgia and being Lot Number 1 of a subdivision of property of Dr. M. H. Mason, Jr., and being more particularly described as follows:
Beginning at the intersection of McClure Bridge Road, formerly known as DuluthAlpharetta Road, with Whippoorwill Drive, which point is 293 feet Easterly along the Duluth-Alpharetta Road from property line of the Summerour Estate; running thence South 31 degrees 10 minutes East along the center of said Whippoorwill Road 287.6 feet to a corner at Lot Number 2 of said subdivision; running thence South 58 degrees 45 min utes West along the line between Lots 1 and 2 for 287 feet to a corner on lands of the Summerour Estate; running thence North 31 degrees 15 minutes West 343.6 feet along said Summerour Estate to a corner in the center of the said Duluth-Alpharetta Road and along the center of said road in a Southeasterly direction 293 feet to the point of begin ning. Tax Map Parcel #6-292-17
All that tract or parcel of land lying and being in the 6th Land District of Gwinnett County, Georgia, just South of Duluth, Georgia, and being Lot Number 14 and 15 of the subdivision of lands of Woodrow Wilson as shown on a blue print of said subdivision pre pared by C. A. Black, Surveyor, on October 2, 1951 and being more fully described as fol lows:
Beginning at an iron pin corner on Howell Circle separating Tracts 13 and 14 of said plat; thence running in a Northeasterly direction along the property line of Lot 13 a dis tance of 124 feet to an iron pin corner and other property now or formerly owned by Lillie Bell Smallwood; thence running in a Southeasterly direction along the other property now or formerly owned by Lillie Bell Smallwood a distance of 113 feet, more or less, to an iron pin corner separating Lots 15 and 16; thence running in a Southwesterly direction along the property line separating Lots 15 and 16 a distance of 139 feet, more or less, to an iron pin corner located on the Northwest right-of-way line of Howell Circle; thence running in a Northwesterly direction along the Northeast right-of-way line of Howell Circle a distance of 100 feet to an iron pin corner separating Lots 13 and 14 and the same being the point of beginning.
This being that same tract of land as conveyed by Warranty deed dated April 8, 1953 from A. W. Anglin to Cecil R. Bailey as recorded in Deed Book 105, Page 494, Clerk's Office, Gwinnett County, Georgia Superior Court.
Tax Map Parcel #6-292-14
All that certain tract or parcel of land situate, lying, and being in the County of Gwinnett, State of Georgia, Land Lot 292 of the 6th District, Gwinnett County, Georgia, and being part of Lot 7 and all of Lot 8 of Woodrow Wilson Subdivision as per plat recorded in Plat Book E, Page 257, Gwinnett County Records, and being more particularly described as follows:

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Beginning at the intersection formed by the Northeasterly side of Howell Road and the Southeasterly side of Anderson Street (unpaved) and which point is also 320.2 feet Southeasterly from the Southeasterly side of U. S. Highway Number 23 as measured along the Northeasterly side of Howell Road, if said street line were extended Southeasterly across Anderson Street, and running thence Southeasterly along the Northeasterly side of Howell Road 59.5 feet to an iron pin; running thence Northeasterly 123.0 feet to an iron pin; running thence Northwesterly 57.6 feet to the Southeasterly side of Anderson Street; running thence Southwesterly along the Southeasterly side of Anderson Street 133.7 feet to the Northeasterly side of Howell Road, and the point of beginning. Tax Map Parcel #6-264-27
All that tract or parcel of land lying and being in Land Lot 264 of the 6th Land Dis trict of Gwinnett County, Georgia, being Tract Number 1A, containing 3.956 acres and also Tract Number IB, containing 1.842 acres as shown on individual plat of survey for Duluth Properties, prepared by Precision Planning, Inc., Randall W. Dixon, Registered land Surveyor Number 1678, dated July 13, 1984, as per plat recorded in Plat Book 27, Page 7, Gwinnett County, Georgia Records, and being more particularly described as fol lows:
Beginning at a point on the Southwesterly right-of-way line of Georgia Highway Number 120, an 80 foot right-of-way, 1352.19 feet Northwesterly as measured along the Southwesterly right-of-way line of Georgia Highway Number 120, as extended, and follow ing the curvature thereof from the intersection of the Southwesterly right-of-way line of Georgia Highway Number 120, as extended, with the centerline of Roberts Road; running thence South 60 degrees 19 minutes 12 seconds West 1138.79 feet to a point in the centerline of a creek; running thence South 20 degrees 49 minutes 25 seconds East along the centerline of said creek 46.57 feet to a point; running thence South 29 degrees 47 minutes 50 seconds East along the centerline of said creek 106.31 feet to a point; running thence South 21 degrees 08 minutes 39 seconds East along the centerline of said creek 78.54 feet to a point; running thence South 60 degrees 19 minutes 12 seconds West 322.97 feet to a point; running thence North 28 degrees 48 minutes 59 seconds West 210.20 feet to a point; running thence North 49 degrees 48 minutes 16 seconds East 1527.09 feet to a point on the Southwesterly right-of-way line of Georgia Highway Number 120; running thence South 24 degrees 19 minutes 53 seconds East along the Southwesterly right-of-way line of Georgia Highway Number 120 a distance of 260.00 feet to the point of beginning.
Tax Map Parcel #6-292-10
All that tract or parcel of land lying and being in Land Lot 292 of the 6th Land Dis trict of Gwinnett County, Georgia, and being more particularly described according to a plat of survey of S. R. Fields, Surveyor, dated September 4, 1968, recorded in Plat Book 0, Page 322, Gwinnett County Plat Records, as follows:
Beginning at a point on the Southeast right-of-way of U. S. Highway Number 23 where the Southeast right-of-way of U. S. Highway Number 23 (having a 100 foot right-ofway) is intersected by the Northeast right-of-way of Howell Road (shown on said plat to have a 40 foot right-of-way); thence run in a Northeasterly direction along the Southeast right-of-way of U. S. Highway Number 23 a distance of 208 feet to a point; thence run along the Southwest right-of-way of an unnamed street South 48 degrees 12 minutes East 100 feet to a point; thence continuing along the Southwest right-of-way of said unnamed street South 37 degrees 48 minutes East 99.2 feet to an iron pin; thence run along the property of Humphries South 34 degrees 10 minutes West 155.8 feet to a point on the Northeast right-of-way of Howell Road; thence run along the Northeast right-of-way of Howell Road North 58 degrees 09 minutes West 200 feet to the point where the Northeast right-of-way of Howell Road intersects the Southeast right-of-way of U. S. Highway Number 23, being the point of beginning.
Tax Map Parcel #6-291-7, 6-266-7A
All that tract or parcel of land lying and being in Land Lots 266 and 291 of the 6th District of Gwinnett County, Georgia, being more particularly described as follows:
Beginning at the intersection of Land Lots 290, 291, 267 and 266; running thence North 31 degrees 24 minutes 50 seconds West along the Southwest land lot line of Land Lot 291, 767.30 feet to an iron pin; thence North 30 degrees 20 minutes 02 seconds West

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800.51 feet to an iron pin; thence North 30 degrees 59 minutes 58 seconds West 630.06 feet to an iron pin found; thence North 60 degrees 11 minutes 35 seconds East 2281.35 feet to an iron pin on the Southwesterly right-of-way of Pleasant Hill Road; thence South erly along said right-of-way 3413.5 feet to an iron pin; thence South 59 degrees 32 minutes 40 seconds West 1448.51 feet to an iron pin; thence North 31 degrees 00 minutes 30 seconds West 1009.5 feet to an iron pin on the Southeast land lot line of Land Lot 291; thence along said land lot line South 57 degrees 42 minutes 30 seconds West 92 feet to an iron pin, and the point of beginning, being 131.766 acres and shown as Tracts Number 3 and 4 on survey for The Russell Corporation by Robert C. Pace, RLS, dated May 18, 1984, and revised July 26, 1984, recorded in Plat Book 27, Page 123, Gwinnett County, Georgia Records.
Less and except: all that tract or parcel of land lying and being in Land Lot 291 of the 6th District of Gwinnett County, Georgia, and being more particularly described as fol lows:
To find the true point of beginning, commence at the land lot corner common to Land Lots 266, 267, 290 and 291 in the 6th District of Gwinnett County, Georgia; run thence along the land lot line common to Land Lots 290 and 291 North 31 degrees 47 minutes 18 seconds West a distance of 767.05 feet to an iron pin found; thence continuing along said land lot line run North 30 degrees 15 minutes 20 seconds West a distance of 450.99 feet to an iron pin set and the true point of beginning; from the true point of beginning thus established, continue along said land lot line North 31 degrees 23 minutes 29 seconds West a distance of 979.95 feet to an iron pin set; thence leaving said land lot line, run North 59 degrees 47 minutes 25 seconds East a distance of 2,291.45 feet to an iron pin set on the Westernmost right-of-way line of Pleasant Hill Road (a 150 foot right-of-way); run thence along said right-of-way line South 30 degrees 36 minutes 43 seconds East a dis tance of 466.48 feet to an iron pin set; thence continuing along said right-of-way line and following the curvature thereof, run along the arc of a curve a distance of 563.95 feet to a point (said arc being subtended by a chord bearing South 08 degrees 13 minutes 13 seconds East a distance of 549.70 feet); thence continuing along said right-of-way line run South 14 degrees 10 minutes 17 seconds West a distance of 343.94 feet to an iron pin set; thence continuing along said right-of-way line and following the curvature thereof, run along the arc of a curve a distance of 312.00 feet to an iron pin set (said arc being subtended by a chord bearing South 04 degrees 24 minutes 31 seconds West a distance of 310.49 feet) thence leaving said right-of-way line, run South 57 degrees 11 minutes 40 seconds West a distance of 1,031.91 feet to an iron pin set; run thence along the arc of a curve a distance of 875.81 feet to an iron pin set and the true point of beginning (said arc being subtended by a chord bearing North 78 degrees 57 minutes 34 seconds West a distance of 825.83 feet). The above-described property contains 67.300 acres and is depicted on that certain plat of Boundary Survey for Calibre Gwinnett II, Ltd. and BancBoston Real Estate Capital Corporation, dated October 22, 1985, last revised Decem ber 12, 1985, said plat bearing the seal and certification of Randall W. Dixon, Georgia Registered Surveyor Number 1678, and being incorporated herein by this reference. This being the same property designated on the Gwinnett County Tax Maps as Tax Parcel 6-291-011.
Tax Map Parcel #6-266-21
All that tract or parcel of land lying and being in Land Lot 266 of the 6th District of Gwinnett County, Georgia, comprising 1.6664 acres, more or less, as per that certain plat of survey prepared for Bradley-Ewing Equipment Co. by Horlbeck & Associates, Inc., dated August 6, 1984, and bearing the seals of Louis J. Menchio, Georgia Registered Land Surveyor Number 1780, and Robert E. Horlbeck, Georgia Registered Land Surveyor Number 1942, and being more particularly described as follows:
Beginning at an iron pin found at a point located on the Northwesterly side of the right-of-way line of U. S. Highway Number 23 (having a 100 foot right-of-way and 28 feet of pavement), 1,250 feet Southwesterly from the intersection of the Northwesterly side of the right-of-way line of U. S. Highway Number 23 and the right-of-way line of Pleasant Hill Road, run thence South 46 degrees 33 minutes 31 seconds West along the North westerly side of the right-of-way line of U. S. Highway Number 23 a distance of 171.91

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feet to a point; run thence North 43 degrees 26 minutes 29 seconds West a distance of 352.33 feet to a point; run thence North 47 degrees 30 minutes 00 seconds East along a Southern Railroad right-of-way (having a 200 foot right-of-way) a distance of 242.11 feet to an iron pin found; run thence South 32 degrees 03 minutes 11 seconds East along the Southwesterly boundary line of property now or formerly owned by M. T. McDaniel, Jr. and Mrs. C. N. McGee a distance of 355.34 feet to an iron pin found on the Northwesterly side of the right-of-way line of U. S. Highway Number 23 at the true point of beginning. Tax Map Parcel #6-266-32
All that tract or parcel of land lying and being in Land Lots 266 and 267 of the 6th District of Gwinnett County, Georgia, comprising 2.8102 acres, more or less, as per that certain plat of survey prepared for Bradley-Ewing Equipment Co. by Horlbeck & Associ ates, Inc., dated August 6, 1984, and bearing the seals of Louis J. Menchio, Georgia Regis tered Land Surveyor Number 1780, and Robert E. Horlbeck, Georgia Registered Land Surveyor Number 1942, and being more particularly described as follows:
To find the true point of beginning, commence at an iron pin found at a point located on the Northwesterly side of the right-of-way line of U. S. Highway Number 23 (having a 100 foot right-of-way and 28 feet of pavement), 1,250 feet Southwesterly from the inter section of the Northwesterly side of the right-of-way line of U. S. Highway Number 23 and the right-of-way line of Pleasant Hill Road, run thence South 46 degrees 33 minutes 31 seconds West along the Northwesterly side of the right-of-way line of U. S. Highway
Number 23 a distance of 171.91 feet to a point located at the true point of beginning; run thence from the true point of beginning as thus established South 46 degrees 33 minutes 31 seconds West along the Northwesterly side of the right-of-way line of U. S. Highway Number 23 a distance of 346.36 feet to a point; run thence North 42 degrees 54 minutes
08 seconds West along the Northeasterly boundary line of property now or formerly owned by Georgia Industrial Realty Company a distance of 357.98 feet to an iron pin found; run thence North 47 degrees 30 minutes 00 seconds East along a Southern Railroad right-of-
way (having a 200 foot right-of-way) a distance of 343.04 feet to a point; run thence South 43 degrees 26 minutes 29 seconds East a distance of 352.33 feet to a point located on the Northwesterly side of the right-of-way line of U. S. Highway Number 23 at the true point of beginning. Tax Map Parcel #7-203-92
All that tract or parcel of land lying and being in Land Lots 203 and 204 of the 7th
Land District, Gwinnett County, Georgia, containing a total of 3.8 acres as shown on plat prepared by S. R. Fields, Surveyor, dated April 6, 1973, and being more particularly described as follows:
To find the point of beginning, commence at a point formed by the intersection of the centerline of Rogers Bridge Road and the North line of Land Lot 204, 7th District, Gwinnett County, Georgia; thence Southeasterly along the centerline of Rogers Bridge
Road 1141 feet to a point which point is the point of beginning; thence Southeasterly along the centerline of Rogers Bridge Road 100 feet to a point; thence South 62 degrees 38 minutes West 388 feet to an iron pin; thence South 19 degrees 59 minutes East 129.2 feet to an iron pin; thence South 61 degrees 57 minutes West 559.2 feet to an iron pin;
thence North 28 degrees 00 minutes West 221.1 feet to an iron pin; thence North 62 degrees 00 minutes East 991.0 feet to a point in the centerline of Rogers Bridge Road which point is the point of beginning. Tax Map Parcel #7-203-50
All that tract or parcel of land lying and being in the County of Gwinnett, in the 7th Land District, containing five (5) acres, more or less, located on the Rogers Ferry Road, and more particularly described as follows: Beginning at a rock corner on the Rogers Ferry
Road adjoining lands of Ogden, formerly G. L. Veal, on the North; thence South along said road to an iron stake; thence West about 1,000 feet along the line of A. C. Woodward
to a rock corner; thence North an equal distance with the line along said rock to a rock corner; and thence to said road, and starting point.
This is the same land conveyed by James 0. Johnson to Mrs. Lillie A. Stickland on
July 20, 1945 by Deed to be recorded at the same time as this Deed. Less and except: all that tract or parcel of land containing 3.8 acres which was con
veyed April 19, 1973 by Mrs. Willie S. Maddox and Byrd Maddox to Harry E. Bethea by

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Warranty Deed recorded at Deed Book 651, Page 216, Gwinnett County Deed Records, which Deed is incorporated herein by reference thereto for a more particular and complete description of the lands sold out of the above property. Tax Map Parcel #7-203-48
All that tract or parcel of land lying and being in Land Lots 203 and 204 of the 7th District, Gwinnett County, Georgia, being more particularly described as follows:
To find the true point of beginning, begin at the intersection formed by the centerline of Rogers Bridge Road and the centerline of Southern Railroad; thence Northwesterly along the centerline of Rogers Bridge Road 1807.6 feet to a point; thence South 60 degrees 43 minutes West 18.4 feet to a point on the Southwesterly right-of-way of Rogers Bridge Road and the true point of beginning; thence South 60 degrees 43 minutes West along the Northwesterly line of property now or formerly owned by David M. Lacy, et al, 250 feet to an iron pin found; thence North 33 degrees 49 minutes West 100 feet to an iron pin found; thence North 60 degrees 43 minutes East along the Southeasterly line of property now or formerly owned by David M. Lacy, et al, 250 feet to a point on the Southwesterly right-of-way of Rogers Bridge Road; thence South 33 degrees 49 minutes East along the Southwesterly right-of-way of Rogers Bridge Road 100 feet to the true point of beginning. Being described according to plat of survey made by Hannon, Meeks & Bagwell, dated July 1, 1977, and containing 0.572 acres according to said survey. Being the same property described in Executor's Deed from Dorothy Elizabeth Kobeck, Executrix of the Last Will and Testament of Barney Ellis Kobeck to Dorothy E. Kobeck, dated January 14, 1977, recorded in Deed Book 1217, Page 277, Gwinnett County Records. Tax Map Parcel #7-202-43
All that tract or parcel of land lying and being in Land Lots 201, 202, 203, and 204 of the 7th District, Gwinnett County, Georgia, containing 10.2424 acres being designated as Tract Two (2) as shown on a plat of survey for Villa D. Ray and Albert Wesley Howell, dated March 27, 1980 by Hannon, Meeks and Bagwell, Surveyors, as recorded in Plat Book 12, Page 206, Gwinnett County, Georgia Records, and said plat by reference is incorporated herein for legal description of said property.
This is the same tract of land conveyed to Villa Dean Ray by executors of Wilma A. Howell Estate, dated March 28, 1980 and recorded in deed Book 1922, Page 48, Gwinnett County Records. Tax Map Parcel #6-328-1
All that tract or parcel of land lying and being in Land Lot 328 of the 6th District of Gwinnett County, Georgia, according to survey of C. M. Higginbotham, Surveyor, dated March and September of 1960, revised November 10, 1964 and October 13, 1970, titled survey for William Jones, being Tract #2 as shown on said Plat, containing 2.91 acres and being more particularly described as follows:
Beginning at the point of intersection of the West right-of-way line of relocated Georgia Highway Number 120 with the South bank of the Chattahoochee River and running thence along the bank of said river South 72 degrees 68 minutes West 20 feet, and South 51 degrees 25 minutes West 602 feet to an iron pin corner on the original line between Land Lots 327 and 328 in said Land District; thence South 30 degrees 37 minutes East along the said original line 206.7 feet; thence North 52 degrees 50 minutes East 574.7 feet to a point on the West right-of-way line of relocated Georgia Highway Number 120; and thence in a Northerly direction along said highway right-of-way 228.1 feet to the point of beginning.
The plat referred to above of C. M. Higginbotham is recorded along with an Affidavit of George Pinion in Deed Book 365, Pages 236-238, Gwinnett County Records.
Tax Map Parcel #6-267-48
All that tract or parcel of land lying and being in Land Lot 267 of the 6th Land Dis trict, Gwinnett County, Georgia, containing 1.089 acres, as shown and delineated on plat of survey for Plant Improvement Company, Inc. by McNally, Patrick & Cole, Inc. dated May 29, 1980, and more fully described according to said plat of survey as follows:
BEGINNING at a point formed by the intersection of the northwesterly right-of-way line of Buford Highway, also known as Highway 23, and the northeasterly right-of-way line of Berkeley Lake Road, and running thence along the right-of-way line of Berkeley Lake

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Road, North 52 degrees 27 minutes 21 seconds West a distance of 176.66 feet to a point; thence continuing along said right-of-way line North 54 degrees 33 minutes 45 seconds West a distance of 179.04 feet to a point; thence running North 34 degrees 56 minutes 7 seconds East a distance of 31.16 feet to a point; thence running South 78 degrees 19 min utes 00 seconds East a distance of 296.40 feet to a point; thence running South 89 degrees 58 minutes 00 seconds East a distance of 182.03 feet to a point on the northwesterly rightof-way line of Buford Highway; thence running along the right-of-way line of the said Buford Highway, South 49 degrees 6 minutes 00 seconds West a distance of 270.15 feet to the point or place of beginning. Tax Map Parcel #6-324-13
All that tract or parcel of land lying and being in Land Lots 324 and 328 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows:
Beginning at an iron pin on the Southwest line of the right-of-way of Georgia High way Number 120, located 785 feet Southeast, as measured along the Southwest line of said right-of-way, from the intersection of the Southwest line of said right-of-way with the bank of the Chattahoochee River, said point of beginning being a corner of lands now or formerly owned by Anderson Bait Distributors, Inc.; thence Southeast along the Southwest line of said right-of-way 505.3 feet to an iron pin, corner of lands now or formerly owned by Marion B. McCoy; thence Southwest, at an interior angle of 89 degrees 55 minutes 30 seconds with the preceding call, 741 feet along the line of Marion B. McCoy and Mrs. Florence McCoy to an iron pin on the line of Land Lot 324; thence Northwest at an inte rior angle of 71 degrees 42 minutes with the preceding call, and along the Southwest line of Land Lot 324 to an iron pin at the common corner of Land Lots 324, 325, 327, and 328; thence continuing Northwest at an interior angle of 180 degrees 44 minutes with the preceding call and along the Southwest line of Land Lot 328 a distance of 273.5 feet, more or less, to an iron pin in the corner of lands now or formerly owned by Anderson Bait Distributors, Inc.; thence Northeast with the line of said Anderson Bait Distributors, Inc. at an interior angle of 88 degrees 23 minutes with the preceding call, 565.3 feet to a point on the Southwest line of the right-of-way of Georgia Highway Number 120, the point of beginning.
Tax Map Parcel #6-290-5
All that tract or parcel of land lying and being in Land Lot 290 of the 6th Land Dis trict of Gwinnett County, Georgia, being more particularly described as follows:
Tract 1
Beginning at a right-of-way monument located on the Northeast right-of-way of Berkeley Lake Road at the Northwest intersection of the rights-of-way of Berkeley Lake Road and Peachtree Industrial Boulevard; thence North 46 degrees 23 minutes 48 seconds West along the Northeast right-of-way of Berkeley Lake Road 345.49 feet to an iron pin; thence North 59 degrees 14 minutes 38 seconds East 463.79 feet to an iron pin on the West right-of-way of Peachtree Industrial Boulevard; thence South 12 degrees 39 minutes 35 seconds West along said right-of-way 468.93 feet to a right-of-way monument; thence South 68 degrees 33 minutes 21 seconds West along the right-of-way 49 feet to a right-ofway monument on the Northeast right-of-way of Berkeley Lake Road and the point of beginning. Being 1.9895 acres and shown as Tract Number 1 on survey for The Russell Corporation by Robert C. Pace, RLS, dated May 18, 1984, and revised July 26, 1984 and recorded at Plat Book 27, Page 123, Gwinnett County, Georgia, Records.
Tract 2
Beginning at a right-of-way monument located on the Northeast right-of-way of Peachtree Industrial Boulevard at the Northeast intersection of the rights-of-way of Berkeley Lake Road and Peachtree Industrial Boulevard; thence North 12 degrees 39 min utes 35 seconds East along said right-of-way 284.29 feet to a right-of-way monument; thence South 77 degrees 20 minutes 25 seconds East 20 feet to a right-of-way monument, thence North 12 degrees 39 minutes 35 seconds East 40 feet to a right-of-way monument; thence North 77 degrees 20 minutes 25 seconds West 20 feet to a right-of-way monument; thence continuing Northeast along said right-of-way North 12 degrees 39 minutes 35 seconds East 340 feet to a right-of-way monument; thence South 77 degrees 20 minutes 25 seconds East 20 feet to a right-of-way monument; thence North 11 degrees 42 minutes

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23 seconds East 58.22 feet to a right-of-way monument; thence North 59 degrees 14 min utes 39 seconds East 883.66 feet to an iron pin; thence South 30 degrees 20 minutes 02 seconds East 800.51 feet to an iron pin; thence South 59 degrees 48 minutes 30 seconds West 1367.38 feet to an iron pin on the Northeast right-of-way of Berkely Lake Road; thence Northwest along said right-of-way 195.13 feet to a right-of-way monument, thence North 17 degrees 13 minutes 09 seconds West along the right-of-way 87.18 feet to a rightof-way monument on the East right-of-way of Peachtree Industrial Boulevard and the point of beginning. Being 22.469 acres and shown as Tract Number 2 on survey for The Russell Corporation by Robert C. Pace, RLS, dated May 18, 1984, and revised July 26, 1984, and recorded at Plat Book 27, Page 123, Gwinnett County, Georgia Records. Tax Map Parcel #6-291-1
All that tract or parcel of land lying and being in Land Lots 291 and 292 of the 6th District of Gwinnett County, Georgia, being more particularly described as follows:
Beginning at an iron pin set on the Easterly right-of-way of Pleasant Hill Road (50 foot right-of-way), said iron pin being located a distance of 696.39 feet Northerly along said right-of-way from its intersection with the line common to Land Lots 266 and 291, said District and County; from said point of beginning thence traveling on a curve to the right along said right-of-way an arc distance of 251.92 feet to a point on said right-of-way; said arc being subtended by a chord bearing North 08 degrees 53 minutes 01 seconds East a chord distance of 251.01 feet and having a radius of 854.121 feet; thence continuing along said right-of-way North 17 degrees 20 minutes East a distance of 318.87 feet to a point on said right-of-way; thence along a curve to the left an arc distance of 498.85 feet to a point on said right-of-way; said arc being subtended by a chord bearing North 06 degrees 39 minutes West a chord distance of 484.41 feet and having a radius of 595.871 feet; thence traveling North 30 degrees 36 minutes West a distance of 155.28 feet to a point on said right-of-way; thence traveling North 30 degrees 38 minutes West a distance of 261.78 feet to a point on said right-of-way; thence along a curve to the right along said right-of-way an arc distance of 219.88 feet to a point on said right-of-way; said arc being subtended by a chord bearing North 28 degrees 22 minutes 32 seconds West a chord dis tance of 219.82 feet and having a radius of 2789.789 feet; thence leaving said right-of-way and traveling North 60 degrees 37 minutes 56 seconds East a distance of 1150.54 feet to a point; thence traveling South 30 degrees 26 minutes 15 seconds East a distance of 430.37 feet to a point; thence traveling North 60 degrees 21 minutes 58 seconds East a distance of 30.10 feet to a point; thence South 30 degrees 21 minutes 42 seconds East a distance of 51.36 feet to a point; thence traveling South 30 degrees 21 minutes 42 seconds East a distance of 682.46 feet to a point; thence traveling South 59 degrees 22 minutes 29 seconds West a distance of 517.32 feet to a point on the line common to Land Lots 291 and 292, said District and County; thence traveling South 30 degrees 15 minutes 53 seconds East along said land lot line a distance of 308.20 feet to an iron pin set on the line common to Land Lots 292 and 291, said District and County; thence traveling South 60 degrees 24 minutes 26 seconds West a distance of 467.90 feet to a point; thence traveling South 59 degrees 36 minutes 20 seconds West a distance of 790.40 feet to an iron pin set on the Easterly right-of-way of Pleasant Hill Road, said iron pin set being the true point of beginning.
All as shown on that certain survey for American Residential Properties, Inc., pre pared by Hannon, Meeks & Bagwell, Surveyors and Engineers, Inc., stamped by Miles H. Hannon, Georgia Registered Land Surveyor Number 1528, dated August 23, 1984, last revised November 19, 1984.
Tax Map Parcel #7-161-22A
All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land Dis trict of Gwinnett County, Georgia, containing .25 acres, according to survey of C. M. Higginbotham, Surveyor, of November 19, 1957; bounded on the North by a street, on the Southeast by the shoreline of Lake Norman, South and West by lands of Murphy. Said lot is more particularly described as follows, according to said survey and plat.
Begin at the intersection of the Eastern limits of the Town of Duluth with the South erly side of Murphy Circle and run thence North 85 degrees 45 minutes East 133 feet along said street to a stake corner; thence South 20 degrees 46 minutes East 21 feet to

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2441

a corner on the shore line of Lake Norman; thence Southwesterly along said lake shoreline 130 feet, more or less, to a stake corner; thence North 75 degrees 28 minutes West 67 feet to a stake corner and thence North 11 degrees 45 minutes East 81.4 feet to the point of beginning.
The beginning point above referred to is more definitely described as being 317 feet Easterly from the intersection of the Southerly side of the street upon which this lot abuts from the center line of the street known as Norman Circle.
Tax Map Parcel #7-161-22 All that tract or parcel of land lying and being in Land Lot 161 of the 7th District,
Gwinnett County, Georgia, containing 0.71 acres as per plat prepared by Higginbotham and James dated June 10, 1964, and more particularly described as follows:
Beginning at a point and an iron pin stake at the Northeast corner where Norman Circle intersects Murphy Circle, and running thence along the meanderings of the South east right-of-way line of Murphy Circle a distance of 302.0 feet to an iron pin stake; thence South 11 degrees 45 minutes West 81.4 feet to an iron pin stake; thence South 75 degrees 28 minutes East 67.0 feet to an iron pin stake; thence South 72 degrees 09 minutes West 25.2 feet to an iron pin stake; thence South 65 degrees 05 minutes West 234.5 feet to an iron pin stake at the Northeast right-of-way line of Norman Circle; thence traveling along the Northeast right-of-way line of Norman Circle a distance of 108.0 feet to the intersec tion of Norman Circle and Murphy Circle at an iron pin stake and the point of beginning.
This property is further identified in the Tax Records of Gwinnett County as Parcel Number 22 in Land Lot 161 of the 7th Land District. Tax Map Parcel #7-161-14C
All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land Dis trict of Gwinnett County, Ge6rgia, being part of the land now or formerly of Mrs. Willine D. Murphy, and being located in the corner of Norman Circle and Lakeview Drive, and
being more particularly described by a plat of survey for Grant E. Warren by C. M. Higginbotham, Surveyor, dated October 15, 1960, as follows:
Beginning at the Northwest corner of the right-of-ways or Norman Circle and Lakeview Drive, running thence North 33 degrees 10 minutes West 150 feet along Norman Circle to a corner; thence North 55 degrees 43 minutes East 223 feet to Lakeview Drive; thence South-Southwesterly along Lakeview Drive 281 feet to the point of beginning.
Tax Map Parcel #7-161-141, J, K All that tract or parcel of land lying and being in Land Lot 161 of the 7th District
of Gwinnett County, Georgia, and being more particularly described as follows: Beginning at a point on the Northeasterly side of Norman Circle, which point is
located 315 feet Northwesterly from the intersection of the Northeasterly side of Norman
Circle with the Northwesterly side of Lakeview Drive, as measured along the Northeasterly side of Norman Circle; thence North 33 degrees 10 minutes West along the Northeasterly side of Norman Circle a distance of 40 feet; thence North 30 degrees 20 minutes West
along the Northeasterly side of Norman Circle a distance of 250 feet; thence North 55 degrees 11 minutes East a distance of 214.2 feet to the Southwesterly side of Lakeview Drive; thence South 32 degrees 47 minutes East along the Southwesterly side of Lakeview
Drive a distance of 320 feet; thence South 62 degrees 50 minutes West a distance of 225.2 feet to the Northeasterly side of Norman Circle at the point of beginning, and being
improved property having located thereon a one-story brick residence as shown by plat of survey made by C. M. Higginbotham, Surveyor, dated October 15, 1960, and revised December 9, 1960.
Also, the following described tract and parcel of land lying and being in Land Lot 161 of the 7th District of Gwinnett County, Georgia, and being more particularly described as follows, to-wit:
Beginning at a point on the Northeasterly side of Norman Circle which point is located 605 feet Northwesterly from the intersection of the Northeasterly side of Norman
Circle with the Northwesterly side of Lake View Drive as measured along the North easterly side of Norman Circle, said point of beginning being located 626 feet South 30
degrees 20 minutes East of the intersection of the Northeasterly side of said Norman Circle with the centerline of an unnamed street; running thence North 30 degrees 20 min utes West along the Northeasterly side of said Norman Circle from said beginning point

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a distance of 203 feet to an iron pin; running thence North 65 degrees 30 minutes East 198 feet to an iron pin located on the shore line of Lake Norman; running thence South easterly along the Southwesterly shore line of said Lake Norman South 62 degrees 23 min utes East for a distance of 170.4 feet to an iron pin; running thence South 42 degrees 41 minutes West for a distance of 78 feet to an iron pin; running thence South 55 degrees 11 minutes West 214.2 feet to an iron pin located on the Southeasterly side of said Norman Circle and point of beginning.
Also, the following described tract and parcel of land lying and being in Land Lot 161 of the 7th District of Gwinnett County, Georgia, and being more particularly described as follows, to-wit:
Commencing at a stake on the Northeasterly side of Norman Circle 808 feet North westerly from the intersection of the Northeasterly side of Norman Circle with the North westerly side of Lake View Drive, said point of beginning also being located 423 feet Southeasterly of the intersection of the Northeasterly side of Norman Circle with the centerline of an unnamed street; running thence from said point of beginning North 26 degrees 19 minutes West 100 feet along the Northeasterly side of said Norman Circle to a stake; running thence North 65 degrees 30 minutes East 232 feet, more or less, to the waterline of the Westerly side of Lake Norman; running thence Southeasterly along the waterline of said Lake Norman 100 feet; running thence south 65 degrees 30 minutes West 223 feet, more or less, to a stake located on the Northeasterly side of said Norman Circle and point of beginning. Tax Map Parcel #6-292-12
All that tract or parcel of land lying and being in Land Lot 292 of the 6th District of Gwinnett County, Georgia, and being Lot 6 and a part of Lot 7 of the Woodrow Wilson Subdivision, as shown on Plat by Higginbotham & James, Surveyors, dated February 16, 1962, and being more particularly described as follows:
Beginning at the Northwest corner of Howell Road and Anderson Street, and running thence North 63 degrees 55 minutes West along the Northerly side of Howell Road, 85 feet to an iron pin at the Southeast corner of Lot 5, which point is 200 feet Easterly from the intersection of Howell Road and U. S. Highway Number 23, as measured along the Nor therly side of Howell Road, and running thence North 34 degrees 10 minutes East along the Easterly side of Lot 5, 155 feet to an iron pin; thence South 53 degrees 35 minutes East 75.2 feet to an iron pin on the Westerly side of Anderson Street; thence South 30 degrees 22 minutes West along the Westerly side of Anderson Street 140.3 feet to the Northwest corner of Anderson Street and Howell Road at the point of beginning. Tax Map Parcel #6-266-27
All that tract or parcel of land lying and being in Land Lot 266 of the 6th District, Gwinnett County, Georgia, being more particularly described as follows:
Beginning at the intersection of the Southwestern right-of-way line of Pleasant Hill Road (150 foot right-of-way) and the Northwestern right-of-way line of the Southern Rail road (200 foot right-of-way); running thence South 49 degrees 38 minutes 15 seconds West along the Northwestern right-of-way line of Southern Railroad 1,458.53 feet to an iron pin found; running thence North 31 degrees 00 minutes 30 seconds West 1,031 feet to an iron pin set; running thence North 59 degrees 32 minutes 40 seconds East 1,448.51 feet to a point on the Southwestern right-of-way line of Pleasant Hill Road; running thence South 30 degrees 19 minutes 30 seconds East (and at an interior angle of 89 degrees 52 minutes 10 seconds with the last mentioned course) along the Southwestern right-of-way line of Pleasant hill Road 780 feet to the point of beginning, containing 30 acres, and being described according to survey by Bingham Associates, Inc. dated June 7, 1979 for Williams Joint Enterprises.Inc.
Tax Map Parcel #7-201-20
A tract of land, being the property of Atlanta Gas Light Company, said tract of land being in two parcels and located in Land Lot 201, District 7, Gwinnett County, Georgia, and being described as follows:
Tract 1
Beginning at the intersecting point of the Southwesterly land lot line of Land Lot 201 and the Easterly right-of-way line of Buford Highway (U. S. Highway Number 23); thence

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Northeasterly along the Easterly right-of-way line of Buford Highway (U. S. Highway Number 23) and following the curvature thereof a distance of 317.46 feet to an iron pin and the point of beginning; thence South 57 degrees 30 minutes 00 seconds East a distance of 333.30 feet to a point (I.P.F.); thence South 80 degrees 51 minutes 00 seconds East along the Northerly right-of-way line of Old Peachtree Road a distance of 115.82 feet to a point (I.P.F.); thence North 30 degrees 43 minutes 20 seconds East a distance of 292.79 feet to a point (I.P.F.); thence North 31 degrees 18 minutes 40 seconds West a distance of 385.66 feet to a point (I.P.F.); thence South 59 degrees 25 minutes 40 seconds West a distance of 231.18 feet to a point (I.P.F.); thence South 26 degrees 28 minutes 40 seconds West along the Easterly right-of-way line of Buford Highway (U. S. Highway Number 23) a distance of 78.30 feet to a point (I.P.F.); thence Southwesterly along the Easterly rightof-way line of Buford Highway (U. S. Highway Number 23) and following the curvature thereof a distance of 225.48 feet to the point of beginning, containing 4.23 acres as per survey made by Universal Associates, Inc., for Atlanta Gas Light Company, dated June 13, 1973.
Tract 2 Beginning at the intersecting point of the Southwesterly land lot line of Land Lot 201 and the Easterly right-of-way line of Buford Highway (U. S. Highway Number 23); thence Northeasterly along the Easterly right-of-way line of Buford Highway (U. S. Highway Number 23) and following the curvature thereof a distance of 146.70 feet to an iron pin, the point of beginning; thence continuing Northeasterly along the Easterly right-of-way line of Buford Highway (U. S. Highway Number 23) a distance of 130.03 feet to a point (I.P.F.); thence South 57 degrees 30 minutes 00 seconds East a distance of 248.00 feet to a point (I.P.F.); thence Southwesterly along the Northerly right-of-way line of Old Peachtree Road a distance of 287.10 feet to the point of beginning, containing .34 acres, as per survey made by Universal Associates, Inc., for Atlanta Gas Light Company, dated June 13, 1973. Tax Map Parcel #6-292-29 All that tract or parcel of land lying and being in Land Lot 292, 6th District of Gwinnett County, Georgia, and more particularly described as follows:
Beginning at an iron pin on the Southeasterly side of U. S. Highway Number 23, 87.5 feet Southwesterly from the point where the Southeasterly side of U. S. Highway Number 23 intersects the centerline of Howell Road; thence South 32 degrees 00 minutes 00 seconds East 200.01 feet to an iron axle; thence South 30 degrees 30 minutes 00 seconds West 200.05 feet to a rebar; thence North 32 degrees 00 minutes 00 seconds West 200.00 feet to a rebar on the Southeasterly side of U. S. Highway Number 23; thence North 30 degrees 30.00 minutes 00 seconds East along the Southeasterly side of said highway 200.05 feet to an iron pin at the point of beginning; same being Tract II as per plat of survey for Stamps-Brown Tire Company, II, Inc., dated September 28, 1983, by Metro Engineer ing Survey Company, Inc.
Tax Map Parcel #6-292-31. 51
All that tract or parcel of land lying and being in Land Lots 265 and 292 of the 6th District, Gwinnett County, Georgia, being Lots 22, 23, 24, 25 and 26 of the subdivision of the Mack Pittard Property, according to plat of survey recorded in Plat Book D, Page 209, Gwinnett County Records, which plat is incorporated herein and made a part hereof by reference.
Tax Map Parcel #6-292-28
All that tract or parcel of land lying and being in the 6th Land District of Gwinnett County, Georgia, and being Lot Number 1 of the Woodrow Wilson Subdivision, on the Southerly side of U. S. Highway Number 23. A blueprint of said subdivision from plat and survey of C. A. Black, Surveyor, dated October 2, 1951, is recorded in Plat Book E, Page 257, Plat Records of Gwinnett County, Georgia, and by reference said plat and the record thereof are incorporated herein and made a part of this description. Said lot is more par ticularly described according to said plat and survey as follows, to-wit:
Begin at the intersection of the Southerly right-of-way line of U. S. Highway Number 23 with the Westerly side of a 40 foot laid out in said subdivision, run thence in a South erly and Southwesterly direction along the Westerly side of said street 191 feet to the

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JOURNAL OF THE HOUSE,

intersection with another street in said subdivision, and continue along such street in a Westerly direction 100 feet to a corner; thence in a Northerly direction 200 feet to a corner on the Southerly right-of-way line of said U. S. Highway Number 23 and thence Easterly along said right-of-way 60 feet to the point of beginning.
Tax Map Parcel #6-292-36 All that tract or parcel of land lying and being in the 6th Land District of Gwinnett
County, Georgia, being Lot Number 1 and part of Lots 2 and 3 of the subdivision of lands now or formerly of Cicero A. Harkness, as shown on a plat of said subdivision prepared by C. A. Black, Surveyor, dated November 24, 1950, blue print of which is recorded in Plat Book E, Page 197 of the Plat Records of Gwinnett County, Georgia, and particularly described as follows:
Begin at the Southwest corner of Lot 1 of said subdivision on the Northerly right-ofway line of U. S. Highway Number 23 (Atlanta-Gainesville Highway) and run thence North 30 '/2 degrees East along said highway right-of-way 125 feet to a corner; thence in a Northwesterly direction diagonally across Lots 3 and 2, 214 feet, more or less to a corner on the Southerly side of the old road, at a point 10 feet Northeasterly from the Northwest
corner of Lot 2; thence South 22 Vi degrees West 60 feet to a corner on said road; thence South 32 degrees East 214 feet to the point of beginning. Tax Map Parcel #6-292-32
All that tract or parcel of land lying and being in the 6th Land District of Gwinnett
County, Georgia, being Lot Numbers 20 and 21 of the subdivision of land known as the Mack Pittard property, as shown on a subdivision of the same as per a plat by H. L. Dunahoo, Surveyor, prepared December, 1946, a copy of which is recorded in Plat Book
D, Page 209, in the Office of the Clerk of the Superior Court of Gwinnett County, Georgia, and which by reference is incorporated herein and made a part of this description.
As shown on said plat, said lots join, each fronting 50 feet on the East side of the
Atlanta-Gainesville paved highway, and together fronting 100 feet on said highway, running back in an Easterly direction, even width, for 200 feet, bounded on the North by Lot Number 22 of said subdivision; on the East by Lot Number 84; on the South by Lot
Number 19, and on the West by the Atlanta-Gainesville paved highway, (U. S. Highway Number 23).
Tax Map Parcel #6-292-37 All that tract or parcel of land lying and being in the 6th Land District of Gwinnett
County, Georgia, and being more fully described as follows:
Beginning at a stake corner on the North side of U. S. Highway Number 23 and running North 30 degrees 30 minutes East along said Highway 100 feet to a stake corner;
thence North 32 degrees West 214 feet, more or less, to a public road; thence South 22 degrees 30 minutes West 100 feet to a stake corner; thence South 32 degrees East 214 feet, more or less, to the beginning corner. This property being Lot Numbers 3 and 4 as shown
by a plat made by C. A. Black, November 24, 1950. Tax Map Parcel #6-264-307, 308, 309
All that tract or parcel of land lying and being in Land Lot 264 of the 6th Land Dis trict of Gwinnett County, Georgia, being that land designated as Lot 5, Lot 6, and Lot
7, of Unit 2, Governors Landing Subdivision as shown on a subdivision plat prepared by Precision Planning, Inc. dated June 4, 1985, which plat is recorded in Plat Book 32, Page 91, Gwinnett County, Georgia Records, which plat is incorporated herein by reference for
a more particular description.
Tax Map Parcel #6-292-33, 34, 34A, & 35 All that tract or parcel of land lying and being in Land Lots 292 and 265 of the 6th
Land District of Gwinnett County, Georgia, being that property designated as Lots 29, 30,
31, 32, and 33 of the Mack Pittard property as shown on a plat of survey prepared by H. L. Dunahoo, dated December, 1946, recorded in Plat Book D, Page 209, Gwinnett County, Georgia Records, which plat is incorporated herein by reference for a more partic
ular description. Tax Map Parcel #6-292-15, 6-292-64
All that tract or parcel of land lying and being in Land Lot 292 of the 6th District of Gwinnett County, Georgia, which property is designated as Lots 9 and 13 of the prop
erty of Woodrow Wilson as shown on a plat of survey prepared by C. A. Black, dated

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October 2, 1951, which plat is recorded in Plat Book E, Page 257, Gwinnett County, Georgia Records, which plat is incorporated herein by reference for a more particular description. Tax Map Parcel #6-292-30
All that tract or parcel of land lying and being in Land Lots 265 and 292 of the 6th Land District, Gwinnett County, Georgia, and being lots 27, 28, and part of Lot 26 and Lot 84 of the Mack Pittard property as shown on plat recorded in Plat Book D, Page 209, Plat Records of Gwinnett County, and more particularly described as follows:
Beginning at an iron pin on the Southeasterly right-of-way line of U. S. Highway Number 23 at property now or formerly of D. B. McKerly, Jr. and run thence in a North easterly direction along the Southeasterly right-of-way line of U. S. Highway Number 23 a distance of 200 feet to an iron pin at property now or formerly of C. Roach; run thence along property now or formerly of Roach South 29 degrees 31 minutes East a distance of 242.80 feet to an iron pin; thence run South 31 V4 degrees East a distance of 525 feet to a point; run thence Northwesterly along property now or formerly of Bradford a distance of 370 feet to a point; run thence North 22 '/2 degrees East a distance of 270 feet to an iron pin; thence run North 72 degrees 50 minutes 22 seconds West along property now or
formerly of D. B. McKerly, Jr., a distance of 210.82 feet to an iron pin on the Southeaste rly right-of-way line of U. S. Highway Number 23, and the place or point of beginning. Tax Map Parcel #6-267-3B
All that tract or parcel of land lying and being in Land Lots 266 and 267 of the 6th
Land District of Gwinnett County, Georgia, being more particularly described as follows: To find the point of beginning, begin at an iron pin located at the intersection of the
Northwesterly line of the right-of-way of the Southern Railroad with the Northeasterly
line of the right-of-way of Berkeley Lake Road, also known as McGee Road, North; thence running North 49 degrees 05 minutes 00 seconds West along the Northwesterly line of the right-of-way of the Southern Railroad a distance of 1,070.50 feet to an iron pin found and
the point of beginning; from the point of beginning thus established, running thence North 31 degrees 19 minutes 08 seconds West a distance of 1,311.86 feet to an iron pin found; running thence North 58 degrees 31 minutes 00 seconds East a distance of 321.9 feet to
an iron pin found; running thence South 31 degrees 26 minutes 30 seconds East a distance of 1,257.90 feet to an iron pin found on the Northwesterly line of the right-of-way of the
Southern Railroad; thence running along the Northwesterly line of the right-of-way of the Southern Railroad South 49 degrees 05 minutes 00 seconds West a distance of 329.2 feet
to an iron pin found and the point of beginning; all as is more particularly shown on a plat of survey for The Russell Corporation by Bates-Long & Associates, dated January 24, 1985. Tax Map Parcel #7-161-14D
All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land Dis
trict, Gwinnett County, Georgia, and more particularly described as follows: Beginning at a point on the Northwest right-of-way of Norman Circle where said
right-of-way intersects the Northwest right-of-way of Lake View Drive; running thence along said right-of-way of Norman Circle in a Northwesterly direction a distance of 150
feet to a point; said point being the true point of beginning; thence Northwesterly along said right-of-way of Norman Circle in a Northwesterly direction 165 feet to a point; thence Northeasterly 225.2 feet to a point on the Northwest right-of-way of Lake View Drive;
thence along said right-of-way of Lake View Drive in a Southeasterly direction 137 feet to a point; thence Southwesterly 223 feet to a point on the Northeast right-of-way of Lake
View Drive; said point being the true point of beginning. Tax Map Parcel #7-161-249
All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land Dis
trict, Gwinnett County, Georgia, known as Tax Parcel 7-161-249 and being more partic ularly described as follows:
Beginning at a point at the intersection of Land Lots 161, 162, 160 and 159, 7th Dis trict, Gwinnett County, Georgia, thence Northwesterly along the land lot line dividing Land Lots 161 and 162 a distance of 1,056.25 feet to a point; thence Southwesterly a dis
tance of 162.5 feet to a point, said point being the true point of beginning; thence SouthSouthwesterly 206 feet to a point on the right-of-way of Brookshire Way, which point of

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JOURNAL OF THE HOUSE,

the right-of-way is on the cul-de-sac of the present Easternmost terminus of Brookshire Way; thence South-Southeasterly along said right-of-way an arc distance of 47 feet to a point; thence leaving said right-of-way and traveling Eastwardly a distance of 125 feet to a point; thence Northerly a distance of 29 feet to a point; thence Northwesterly a distance of 213 feet to a point, said point being the true point of beginning. Tax Parcel #7-161-19, 19B, 20, 21, and 242
All that tract or parcel of land lying and being in Land Lot 161, 7th District, Gwinnett County, Georgia, and being more particularly described as follows:
To find the true point of beginning, commence at the corner formed by the intersec tion of the Southeasterly side of Lake View Drive with the Northeasterly side of Norman Circle; run thence Northeasterly along the Southeasterly side of Lake View Drive, 300 feet to a point; run thence Northwesterly along the Northeasterly side of Lake View Drive, 146 feet to the true point of beginning; running thence North 33 degrees 50 minutes West along the Northeasterly side of Lake View Drive, 400 feet to a point; running thence North 46 degrees 10 minutes East, 110.4 feet to the edge of Lake Norman; running thence in a generally Southeasterly direction along the edge of Lake Norman, and following the meanderings thereof, 450 feet, more or less, to a point; running thence South 56 degrees 10 minutes West, 167.9 feet to the Northeasterly side of Lake View Drive and the point of beginning; being improved property having a house thereon known as 3166 Lake View Drive, according to the present system of numbering houses in the City of Duluth, Georgia. Tax Parcel #7-161-19A
All that tract or parcel of land lying and being in Land Lot 161 of the 7th District, Gwinnett County, Georgia, and being more particularly described as follows:
To find the true point of beginning, commence at the corner formed by the intersec tion of the Southeasterly side of Lake View Drive with the Northeasterly side of Norman Circle; run thence Northeasterly along the Southeasterly side of Lake View Drive 300 feet to a point; run thence Northwesterly along the Northeasterly side of Lake View Drive 46 feet to the true point of beginning; run thence North 33 degrees 50 minutes West along the Northeasterly side of Lake View Drive 100 feet to a point; run thence North 56 degrees 10 minutes East 167.9 feet to the edge of Lake Norman; run thence in a generally Southeasterly direction along the edge of Lake Norman, and following the meandering thereof 105 feet, more or less, to a point; run thence South 56 degrees 10 minutes West 134.9 feet to the Northeasterly side of Lake View Drive and the point of beginning.
Tax Map Parcel #6-292-8
All that tract or parcel of land lying and being in Land Lots 265 and 292 of the 6th Land District of Gwinnett County, Georgia, containing eight (8) acres, more or less, bounded on the North by lands now or formerly owned by C. R. Bailey; on the East by lands now or formerly owned by the M. T. McDaniel Estate; on the South by lands now or formerly owned by C. D. Pittard and on the West by a road separating this land and land known as the Woodrow Wilson Subdivision. Being part of Tract 5, all of Tract 6, and all of Tract 9 of the J. L. Hall property as shown on survey of G. L. Veal, Surveyor, Octo ber 5, 1915, and being all of said three tracts except that portion now owned by C. R. Bailey, and being the same land conveyed to T. L. Smallwood by Mary Overby by Deed dated September 1, 1952, recorded in Deed Book 105, Page 253, Deed Records of Gwinnett County, Georgia.
Said property also being the same property described in a Warranty Deed recorded in Deed Book 890, Page 209, which Deed is incorporated herein by reference for a more particular description.
Tax Map Parcel #6-267-41
All that tract or parcel of land lying and being in Land Lot 267 of the 6th District, Gwinnett County, Georgia, and being more particularly described as follows:
Beginning at an iron pin at the intersection of the Northwesterly line of the right-ofway of the Southern Railroad (200 foot right-of-way) with the Northeasterly line of the right-of-way of Berkeley Lake Road, also known as McGee Road, North (a varying rightof-way, being an 80 foot right-of-way at said iron pin); thence running North 55 degrees 43 minutes West along the Northeast line of the right-of-way of Berkeley Lake Road, 210.3

THURSDAY, MARCH 12, 1987

2447

feet to an iron pin; thence continuing Northwesterly along the Northeasterly side of said right-of-way and following the curvature thereof an arc distance of 233.64 feet (said arc being subtended by a chord bearing North 48 degrees 21 minutes 50 seconds West a chord distance of 232.98 feet) to an iron pin at the most Southerly corner of property now or formerly owned by the Gwinnett County Water Authority; thence running North 59 degrees 07 minutes East 100 feet to an iron pin; thence running North 37 degrees 29 min utes West 150 feet to an iron pin; thence running South 59 degrees 01 minutes West 100 feet to an iron pin on the Northeasterly line of the right-of-way of Berkeley Lake Road; thence running Northwesterly along the Northeasterly line of said right-of-way and follow ing the curvature thereof an arc distance of 28.83 feet (said arc being subtended by a chord bearing North 25 degrees 44 minutes West a chord distance of 28.83 feet) to an iron pin; thence running South 60 degrees 02 minutes West along said right-of-way 10 feet to an iron pin located on said right-of-way (said right-of-way narrowing to a 60 foot right-of-
way at said iron pin); thence running North 30 degrees 07 minutes West along the North easterly line of said right-of-way 894.9 feet to an iron pin; thence running North 58 degrees 31 minutes East 1,215.2 feet to an iron pin; thence running South 31 degrees 19
minutes 08 seconds East 1,311.86 feet to an iron pin on the Northwesterly line of the Southern Railroad right-of-way; thence running South 49 degrees 05 minutes West along the Northwesterly line of said right-of-way 1,070.5 feet to the point of beginning; all as
is more particularly shown on a plat of survey for the Russell Corporation prepared by Bates-Long & Associates, stamped by J. Paul Bates, Registered Land Surveyor Number 936 and stamped by Fred Wilson Long, Registered Land Surveyor Number 1685, dated January 24, 1985. Tax Map Parcel #6-267-26
All that tract or parcel of land lying and being in Land Lots 266, 267, and 290 of the 6th Land District of Gwinnett County, Georgia, and being more particularly described as follows:
Begin at the corner common to Land Lots 266, 267, 290 and 291 of the 6th Land Dis
trict of Gwinnett County, Georgia, and from said corner proceed thence North 57 degrees 15 minutes East along the Southeast land lot line of Land Lot 291 a distance of 92.0 feet to an iron pin; proceed thence South 31 degrees 29 minutes East a distance of 782.5 feet
to an iron pin; proceed thence South 58 degrees 31 minutes West a distance of 1,537.1 feet to an iron pin located on the Northeasternmost right-of-way line of McGee Road North
(a 60 foot right-of-way at this point); proceed thence along the aforesaid Northeasternmost right-of-way the following bearings and distances: North 30 degrees 01 minutes West a dis tance of 600 feet to a point; North 29 degrees 02 minutes West a distance of 300 feet to
a point; North 26 degrees 59 minutes West a distance of 180 feet to a point; North 24 degrees 52 minutes West a distance of 125.0 feet to a point; North 27 degrees 12 minutes West a distance of 47.3 feet to a point. Proceed thence in a Northwesterly direction along the aforesaid Northeasternmost right-of-way line following the curvature thereof an arc
distance of 110.15 feet to a point, said arc being subtended by a chord 110.11 feet in length and bearing North 25 degrees 51 minutes West; proceed thence in an offset along
the aforesaid Northeasternmost right-of-way line North 60 degrees 06 minutes East a dis tance of 10 feet to a point; proceed thence in a Northwesterly direction along the aforesaid Northeasternmost right-of-way line following the curvature thereof an arc distance of
206.12 feet to an iron pin, said arc being subtended by a chord 205.91 feet in length and bearing North 34 degrees 24 minutes West; proceed thence North 59 degrees 14 minutes East a distance of 1,367.8 feet to an iron pin located on the Easternmost land lot line of
Land Lot 290; proceed thence along the aforesaid Easternmost land lot line of Land Lot 290 South 32 degrees 00 minutes East a distance of 767.7 feet to a point marking the
corner common to Land Lots 166, 267, 290 and 291 which common corner is the point of beginning. Said tract or parcel of land containing 52.105 acres and being more particularly
shown on that survey for Atlanta Warehouse Associates Limited Partnership, et al, pre pared by Bates-Long & Associates, dated January 17, 1984, which survey is incorporated herein by this reference.
Tax Map Parcel #7-203-45 All that tract or parcel of land lying and being in the 7th Land District of Gwinnett
County, Georgia, on the Rogers Ferry Road, being bounded on the Northeast by the

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Rogers Ferry Road, on the Southeast and Southwest by property now or formerly owned by Mrs. Dessie Phillips, and on the Northwest by property now or formerly owned by L. R. Echols and A. M. Bagwell, being more particularly described as follows:
Beginning at a common corner with A. M. Bagwell on the West side of the Rogers Ferry Road and running thence Southeast along said road a distance of 75 feet to a corner with Mrs. Dessie Phillips; thence running Southwest a distance of 300 feet to a corner with Mrs. Dessie Phillips; thence running Northwest a distance of 75 feet to a common corner with Mrs. Dessie Phillips and L. R. Echols; thence running along the property lines of L. R. Echols and A. M. Bagwell in a Northeasterly direction a distance of 300 feet to the corner of A. M. Bagwell on said Rogers Ferry Road, being the point of beginning. This is a portion of the same land conveyed by Warranty Deed from C. C. Howell and Leo Howell to Mrs. Dessie Phillips dated September 2, 1949, and recorded in Deed Book 88, Page 602, Gwinnett County Records. Tax Map Parcel #7-203-44
All that tract or parcel of land lying and being in the 7th Land District of Gwinnett County, Georgia, on the Rogers Ferry Road, being bounded on the Northeast by the Rogers Ferry Road; on the Southeast by land now or formerly owned by L. Howell; on the Southwest by land now or formerly owned by Mrs. Dessie Martin and on the North west by land now or formerly owned by John C. Phillips, and being more particularly described as follows:
Beginning at a common corner with John C. Phillips on the West side of the Rogers Ferry Road and running thence Southeast along said road a distance of 88.68 feet, more or less, to a corner with L. Howell; thence running Southwest along the property of L. Howell a distance of 300 feet to a corner on the property of Mrs. Dessie Phillips; thence running Northwest along the property of Mrs. Dessie Phillips a distance of 88.68 feet, more or less, to a common corner with Mrs. Dessie Howell and John C. Phillips; thence running Northeast along the property of John C. Phillips a distance of 300 feet to the Rogers Ferry Road and the point of beginning.
This is a portion of the same land conveyed by Warranty Deed from C. C. Howell and L. Howell to Mrs. Dessie Phillips, dated September 2, 1949, and recorded in Deed Book 88, Page 602, Gwinnett County Records. Tax Map Parcel #6-267-2
All that tract or parcel of land lying and being in Land Lot 267 of the 6th Land Dis trict, Parcel 2, Gwinnett County, Georgia, and being more particularly described as follows:
Beginning at a point bound on the north by the Southern Railway right-of-way, on the East by lands now or formerly of Wykle Estate, on the Southeast by Old Peachtree Road and coming to a point near an overhead bridge on right-of-way of Southern Railway, being part of Land Lot Number 267 consisting of one (1) acre, more or less, (14/15 of an acre, more or less).
Said property having been awarded to Mrs. W. C. McKerley by an order of the Court of Ordinary of Gwinnett County, Georgia, as a one years support after the death of her husband, W. C. McKerley, same being recorded in Estate Number J-5115, Page 198, of said Court of Ordinary, said property also having been previously conveyed to her husband by J. H. McKerley, said Warranty Deed being recorded in Book 67, Page 103, of the Prop erty Records in the Office of the Clerk of Superior Court of Gwinnett County, Georgia; said property also having been conveyed by Mrs. W. C. McKerley to E. Carl Davis and Randall Porter, by Warranty Deed recorded in Gwinnett County, Georgia Records.
District 7. Land Lot 161. Parcels 148. 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, and 163.
All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land Dis trict of Gwinnett County, Georgia and being designated as Lots 1, 2, 3, 4, 5, 6, 7, and 8 of Block A, Unit 1, Norman Forest Subdivision as shown on a subdivision plat prepared by Hannon, Meeks & Bagwell dated May 19, 1981, which plat is recorded in Plat Book 15, Page 241, Gwinnett County, Georgia Records, and which plat is incorporated herein by reference for a more particular description.
All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land Dis trict of Gwinnett County, Georgia and being designated as Lots 1, 2, and 3 of Block B,

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Unit 1, Norman Forest Subdivision as shown on a subdivision plat prepared by Hannon, Meeks & Bagwell dated May 19, 1981, which plat is recorded in Plat Book 15, Page 241, Gwinnett County, Georgia Records, and which plat is incorporated herein by reference for a more particular description.
All that tract or parcel of land lying and being in Land Lot 161 of the 7th Land Dis trict of Gwinnett County, Georgia and being designated as Lots 1, 2, 3, 4, and 5 of Block C, Unit 1, Norman Forest Subdivision as shown on a subdivision plat prepared by Hannon, Meeks & Bagwell dated May 19, 1981, which plat is recorded in Plat Book 15, Page 241, Gwinnett County, Georgia Records, and which plat is incorporated herein by reference for a more particular description.
Tax Map Parcel #6-295A-9. 11, 16, 17, 18, 22, 23, and 24 All that tract or parcel of land lying and being in Land Lot 295A of the 6th Land
District, Gwinnett County, Georgia, and being designated as Lots 2 and 4 of Block A, Lots 2, 3, and 4 of Block B, and Lots 4, 5, and 6 of Block C, of the subdivision of the property of Dr. M. Mason as shown on a plat of survey prepared by S. R. Fields, dated April 27, 1959, which plat is incorporated in Plat Book H, Page 133, Gwinnett County, Georgia Records, and which plat is incorporated herein by reference for a more particular descrip tion.
Tax Map Parcel #6-267-8A All that tract or parcel of land lying and being in Land Lot 267 of the 6th District,
Gwinnett County, Georgia, being designated as Tax Parcel Number 6-267-8A, and being
more particularly described as follows: Beginning at a point where the Northwest right-of-way of U. S. Highway Number 23
intersects the line common to Land Lots 267 and 266, 6th District, running thence South
westerly along said right-of-way of U. S. Highway Number 23 a distance of 65.2 feet to a point, said point being the true point of beginning; thence continuing Southwesterly along said right-of-way of U. S. Highway Number 23, 100 feet to a point; thence North
westerly an arc distance of 391 feet to a point on the Southeast right-of-way of the South ern Railroad; thence Northeasterly along said right-of-way of Southern Railroad a distance
of 456.52 feet to a point; thence Southeast a distance of 365.21 feet to a point on the rightof-way of U. S. Highway Number 23, said point being the true point of beginning. Said
tract contains 1.81 acres, more or less. Tax Map Parcel #6-266-10
All that tract or parcel of land lying and being in Land Lot 266 of the 6th District, Gwinnett County, Georgia, and being designated as the Northern portion of Tax Parcel 6-266-10 according to the Gwinnett County Tax Maps, and being more particularly described as follows:
Beginning at a point on the Southwest right-of-way of Pleasant Hill Road where said right-of-way intersects with the Northwest right-of-way of U. S. Highway Number 23, which is the point of beginning; running thence Northwesterly along said right-of-way of
Pleasant Hill Road a distance of 283 feet to a point on the Southeast right-of-way of the Southern Railroad; running thence Southwesterly along said right-of-way of Southern Rail
road a distance of 1,206.25 feet to a point; thence Southeasterly a distance of 355 feet to a point on the Northwest right-of-way of U. S. Highway Number 23; thence Northeasterly along said right-of-way an arc distance of approximately 962.5 feet to a point on the
Southwest right-of-way of Pleasant Hill Road, said point being the true point of beginning. Tax Map Parcel #6-265-36, 35, 34A, 34 and 33
All that tract or parcel of land lying and being in Land Lot 265 of the 6th Land Dis trict of Gwinnett County, Georgia, being Lot Numbers 10, 11, 12, 13, 14, 15, 16, 17, 18,
and 19 of the subdivision of land known as the Mack Pittard property, as shown on a sub division of the same as per a plat by H. L. Dunahoo, Surveyors, prepared December, 1946,
a copy of which is recorded in Plat Book D, Page 209, in the Office of the Clerk of Supe rior Court of Gwinnett County, Georgia, and which by reference is incorporated herein and
made a part of this description. Tax Map Parcel #6-264-131, 132. 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, and 151
All that tract or parcel of land lying and being in Land Lot 264 of the 6th Land Dis trict, Gwinnett County, Georgia, being designated as Lots 30, 31, 32, 33, 34, 35, 36, 37, and

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38 of Block M, and Lots 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, and 47 of Block P, Unit 6, Forest Manor North Subdivision, as shown on a subdivision plat dated June 1, 1977, recorded in Plat Book 6, Page 104, Gwinnett County, Georgia Records, which plat
is incorporated herein by reference for a more particular description.
Tax Map Parcel #6-264-168. 169. and 170 All that tract or parcel of land lying and being in Land Lot 264 of the 6th Land Dis
trict, Gwinnett County, Georgia, being designated as Lots 4, 5, and 6 of Duluth Manor Subdivision, as shown on a subdivision plat dated January 3, 1979, recorded in Plat Book 10, Page 145, Gwinnett County, Georgia Records, which plat is incorporated herein by
reference for a more particular description. Tax Map Parcel #6-264-174. 175. 176, 177, 178. 179, 180. 181. 182, 183, 184, 185, 186, 187, 188. 189, 190. 191. 192, 193. 194, 195. 196. 197. 198, 199, 200, 201, 202, 203, 204, 205, and
206 All that tract or parcel of land lying and being in Land Lot 264 of the 6th Land Dis
trict, Gwinnett County, Georgia, being designated as Lots 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, and 34 of Block Q, and Lots 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, and 27 of Block P, Forest Manor North Subdivision, Unit 7, as shown on a subdivision plat dated May 3, 1979, recorded in Plat Book 10, Page 144,
Gwinnett County, Georgia Records, which plat is incorporated herein by reference for a more particular description. Tax Map Parcel #6-264-88. 89. 90. 91. 92. 93, 94, 95, 96, 97, 98, 99, 100. and 101
All that tract or parcel of land lying and being in Land Lot 264 of the 6th Land Dis
trict, Gwinnett County, Georgia, being designated as Lots 11 and 12 of Block Q, and Lots 28, 29, 30, 31, 32, 33, 34, and 35 of Block P, and Lots 26, 27, 28, and 29 of Block M, Forest Manor North Subdivision, Unit 5, as shown on a subdivision plat dated October 7, 1975, recorded in Plat Book 3, Page 272, Gwinnett County, Georgia Records, which plat
is incorporated herein by reference for a more particular description. The area described above is intended to include, and is hereby declared to include,
all of the property included in the Tax Parcels set forth below, as those Tax Parcels are shown on the Tax Maps of Gwinnett County as of January 1, 1987, and all of the public
roadways and right-of-ways adjacent to those parcels:

6-290-05 6-267-26 6-267-41 6-267-3B 6-267-48 6-267-02 6-267-16 6-267-46 6-267-8A 6-266-7A 6-266-27 6-266-32 6-266-21 6-266-10 6-291-07 6-291-01 6-265-36 6-265-35 6-265-34A 6-265-34 6-265-33 6-292-33 6-292-34A 6-292-34 6-292-35 6-292-36

7-161-141 7-161-14D 7-161-14C 7-161-25 7-161-14B 7-161-19A 7-161-19 7-161-19B 7-161-20 7-161-21 7-171-13A 7-161-14E 7-161-14F 7-161-14H 7-161-124 7-161-144 7-161-242 7-161-148 7-161-149 7-161-150 7-161-151 7-161-152 7-161-153 7-161-154 7-161-155 7-161-249

7-203-50 7-203-92 6-328-01 6-324-13 6-295A-22 6-295A-24 6-295A-09 6-295A-07 6-264-185 6-264-186 6-264-187 6-264-188 6-264-189 6-264-190 6-264-191 6-264-192 6-264-193 6-264-194 6-264-195 6-264-196 6-264-197 6-264-198 6-264-199 6-264-200 6-264-201 6-264-202

6-264-184 6-264-91 6-264-92 6-264-93 6-264-94 6-264-95 6-264-96 6-264-97 6-264-142 6-264-141 6-264-140 6-264-139 6-264-138 6-264-137 6-264-136 6-264-135 6-264-134 6-264-133 6-264-132 6-264-131 6-264-151 6-264-150 6-264-149 6-264-148 6-264-147 6-264-146

THURSDAY, MARCH 12, 1987

2451

6-292-37 6-292-32 6-292-31 6-292-51 6-292-30 6-292-29
6-292-28 6-292-10 6-292-07
6-292-17 6-292-14 6-292-12
6-292-15 7-161-22A 7-161-22
7-161-14K 7-161-14J

7-161-156 7-161-157 7-161-158 7-161-159 7-161-160 7-161-161
7-161-162 7-161-163 7-202-43
7-203-44 6-295A-16 6-295A-17
6-295A-18 6-295A-11 6-295A-23
7-203-45 7-203-48

6-264-203 6-264-204 6-264-205 6-264-206 6-264-89 6-264-88
6-264-90 6-264-174 6-264-175
6-264-176 6-264-177 6-264-178
6-264-179 6-264-180 6-264-181
6-264-182 6-264-183

6-264-145 6-264-144 6-264-143 6-264-98 6-264-99 6-264-100
6-264-101 6-264-168 6-264-169
6-264-170 6-264-27 6-264-307
6-264-308 6-264-309 7-201-20
6-292-64 6-292-08

Representative Pittman of the 60th moved that the House agree to the Senate substi tute to HB 732.
On the motion, the ayes were 113, nays 0.
The motion prevailed.

The following Bills of the House and Senate were taken up for the purpose of consid ering the reports of the Committees of Conference thereon:

SB 159. By Senators Scott of the 2nd, Albert of the 23rd and Langford of the 35th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish the State Children's Trust Fund and the State Children's Trust Fund Commission; to provide a short title; to define certain terms; to provide for the membership of the State Children's Trust Fund Commission and its powers and compensation.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 159

The Committee of Conference on SB 159 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 159 be adopted.

Respectfully submitted,

FOR THE SENATE: Isl Albert J. Scott
Senator, 2nd District
/s/ Ed Barker Senator, 18th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Jlm Panne11 Representative, 122nd District
/s/ Steve Thompson Representative, 20th District

/s/ Frank A. Albert Senator, 23rd District

/s/ Henry Bostick Representative, 138th District

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JOURNAL OF THE HOUSE,

A BILL
To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish the State Children's Trust Fund and the State Children's Trust Fund Commission; to provide a short title; to define certain terms; to provide for the membership of the State Children's Trust Fund Commission and its powers and compensation; to require the Department of Human Resources to develop criteria for determining eligibility for funds to be used for child abuse and neglect prevention; to pro vide for the appropriation of funds to and the disbursement of funds from the State Children's Trust Fund for child abuse and neglect prevention programs; to provide for grants to private nonprofit or public organizations; to require such organizations to meet certain criteria; to provide for administration of the State Children's Trust Fund by the director of the Fiscal Division of the Department of Administrative Services; to provide for the investment of trust fund money; to provide that an amount equal to certain collec tions shall be appropriated to the State Children's Trust Fund; to provide for disburse ment of trust fund money; 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 an additional fee in divorce cases; to provide for the disposition of such fees; to provide a penalty for the delinquent remission of moneys; to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs in the probate courts and compen sation of probate judges, so as to provide an additional fee for issuing a marriage license; to provide for the disposition of such fees; to provide a penalty for delinquent remission of moneys; to provide an effective date; to provide a termination date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by adding at the end thereof a new Chapter 14 to read as follows:
"CHAPTER 14 ARTICLE 1
19-14-1. This chapter shall be known and may be cited as the 'Child Abuse and Neglect Prevention Act.'
19-14-2. As used in this chapter, the term: (1) 'Child' means a person under 18 years of age. (2) 'Child abuse' means harm or threatened harm to a child's health or welfare by
a person responsible for the child's health or welfare, which harm occurs or is threat ened through nonaccidental physical or mental injury or the commission of a crime involving physical or sexual abuse of a child.
(3) 'Commission' means the State Children's Trust Fund Commission created in Code Section 19-14-3.
(4) 'Neglect* means harm to a child's health or welfare by a person responsible for the child's health or welfare which occurs through negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care.
(5) 'Prevention program' means a system of direct provision of child abuse and neglect prevention services to a child, parent, or guardian and may include research or educational programs related to prevention of child abuse and neglect.
(6) 'Trust fund' means the State Children's Trust Fund established in Code Section 19-14-20. 19-14-3. (a) There is established the State Children's Trust Fund Commission which is assigned to the Department of Human Resources for administrative purposes only, as prescribed in Code Section 50-4-3. (b) The State Children's Trust Fund Commission shall consist of 15 members appointed by the Governor and confirmed by the Senate. Members shall be appointed for terms of four years, their initial appointments, however, being five for four-year terms, five for three-year terms, and five for two-year terms. State officers or employees

THURSDAY, MARCH 12, 1987

2453

may be appointed to the commission unless otherwise prohibited by law; provided, how ever, that one citizen member shall be appointed from each congressional district. As a group, the citizen members shall demonstrate knowledge in the area of child abuse and neglect prevention and, to the extent practicable, shall represent private nonprofit agen cies or individual professions which have special expertise or community involvement specifically in the area of child abuse prevention, professional providers of child abuse and neglect prevention services, and volunteers in child abuse and neglect prevention services.
(c) In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled in the same manner as the original appointment and the successor shall serve for the unexpired term.
(d) The initial terms for all members shall begin September 1, 1987. (e) Membership on the commission does not constitute public office and no member shall be disqualified from holding public office by reason of his membership. (f) The Governor shall designate a chairperson of the commission from among the members, which chairperson shall serve in that position at the pleasure of the Governor. The commission may elect such other officers and committees as it considers appropri ate. (g) The commission, with the approval of the Governor, may employ such profes sional, technical, or clerical personnel as deemed necessary to carry out the purposes of this chapter. Such personnel may be members of the classified service of the State Merit System of Personnel Administration as defined in paragraph (2) of Code Section 45-20-2.
19-14-4. Members of the commission shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the commission is in attendance at a meeting of such commission, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. Expense allow ances and other costs authorized in this Code section shall be paid from moneys in the trust fund.
19-14-5. (a) The commission shall do all of the following: (1) Meet at such times and places as it shall determine necessary or convenient to
perform its duties. The commission shall also meet on the call of the chairperson or the Governor;
(2) Maintain minutes of its meetings; (3) Adopt rules and regulations for the transaction of its business;
(4) Accept applications for disbursements of available money from the trust fund for child abuse and neglect prevention purposes;
(5) Maintain records of all expenditures of the commission, funds received as gifts and donations, and disbursements made from the trust fund; and
(6) Conform to the standards and requirements prescribed by the state auditor pursuant to Chapter 6 of Title 50.
(b) The commission shall utilize existing state resources and staff of participating departments whenever practicable.
19-14-6. The commission may recommend to the Governor and the General Assembly changes in state programs, statutes, policies, budgets, and standards which will reduce the problem of child abuse and neglect, improve coordination among state agencies that provide prevention services, and improve the condition of children and parents or guard ians who are in need of prevention program services.
19-14-7. The commission may accept federal funds granted by Congress or executive order for the purposes of this chapter as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds does not commit state funds and does not place an obligation upon the General Assembly to con tinue the purposes for which the federal funds are made available. All funds received

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JOURNAL OF THE HOUSE,

in the manner described in this Code section shall be transmitted to the director of the Fiscal Division of the Department of Administrative Services for deposit in the trust fund to be disbursed as other moneys in such trust fund.
19-14-8. The Department of Human Resources under the direction of the commis sioner of human resources and the Board of Human Resources shall develop and furnish to the commission criteria for determining eligibility for receipt of disbursements from the trust fund.
19-14-9. (a) The commission may authorize the disbursement of available money from the trust fund after appropriation thereof to an entity or program eligible pursuant to the criteria of the Department of Human Resources for exclusively the following pur poses, which are listed in the order of preference for expenditure:
(1) To fund a private nonprofit or public organization in the development or oper ation of a prevention program if at least all of the following conditions are met:
(A) The organization demonstrates a broad-based community involvement emphasizing volunteer efforts and a demonstrated expertise in child abuse preven tion issues;
(B) The organization demonstrates an ability to match, through money or in-kind services, 50 percent of the amount of any trust fund money received. The amount and types of in-kind services are subject to the approval of the commission;
(C) The organization demonstrates a willingness and ability to provide program models and consultation to organizations and communities regarding program development and maintenance; and
(D) Other conditions that the commission may deem appropriate; (2) To fund services or facilities connected with child abuse and neglect preven tion; and (3) To fund the commission created in Code Section 19-14-3 for the actual and necessary operating expenses that the commission incurs in performing its duties. (b) Authorizations for disbursement of trust fund money under paragraph (3) of sub section (a) of this Code section shall be kept at a minimum in furtherance of the pri mary purpose of the trust fund which is "to disburse money under paragraphs (1) and (2) of subsection (a) of this Code section to encourage the direct provision of services to prevent child abuse and neglect. (c) No funds shall be disbursed from the trust fund to any organization or other entity or for any purpose authorized in subsection (a) of this Code section until approved by the Governor; provided, however, that the Governor may not authorize the disbursement of funds to an organization or other entity which the commission has not recommended for a grant. (d) Notwithstanding any other provisions of this chapter to the contrary, no funds shall be disbursed from the trust fund prior to July 1, 1988, except to pay operating expenses of the commission pursuant to paragraph (3) of subsection (a) of this Code section.
ARTICLE 2
19-14-20. The State Children's Trust Fund is created as a separate fund in the state treasury. The fund shall be expended only as provided in this chapter.
19-14-21. (a) The director of the Fiscal Division of the Department of Administra tive Services shall credit to the trust fund all amounts appropriated or donated to such trust fund. All funds appropriated to or otherwise paid into the trust fund shall be pre sumptively concluded to have been committed to the purpose for which they have been appropriated or paid and shall not lapse.
(b) An amount equal to all funds paid into the general treasury pursuant to Code Sections 15-6-77.4 and 15-9-60.1 in the immediately preceding year shall be appropriated to the State Children's Trust Fund to implement and carry out the provisions of this chapter. This subsection shall be subject to the normal appropriation process.
19-14-22. The director of the Fiscal Division of the Department of Administrative Services shall invest trust fund money in the same manner in which state funds are

THURSDAY, MARCH 12, 1987

2455

invested as authorized by the State Depository Board pursuant to Article 3 of Chapter 17 of Title 50.
19-14-23. After determining that a disbursement should be made pursuant to Code Section 19-14-9 and after approval of such disbursement by the Governor, the commis sion shall forward a certified copy of the order granting the payment to the Fiscal Divi sion of the Department of Administrative Services, which shall be authorized to draw a warrant or warrants upon the State Children's Trust Fund to pay the amount of the disbursement from such trust fund."
Section 2. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to clerks of superior courts, is amended by adding between Code Sections 15-6-77.3 and 15-6-78 a new Code Section 15-6-77.4 to read as follows:
"15-6-77.4. (a) In addition to any fees required in Code Sections 15-6-77, 15-6-77.2, and 15-6-77.3 and Code Section 47-14-51, for filing each divorce case, the clerk of supe rior court shall charge an additional fee of $5.00. Each clerk of the superior court shall collect the additional fees for divorce cases as provided in this Code section and shall pay such moneys over to the commissioner of revenue by the last day of the month there following, to be deposited by him into the general treasury. The commissioner of revenue shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget and the Legislative Budget Office no later than 30 days after the last day of the preceding quarter.
(b) When any such person whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount."
Section 3. Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Anno tated, relating to costs in the probate courts and compensation of probate judges, is amended by adding between Code Sections 15-9-60 and 15-9-61 a new Code Section 15-9-60.1 to read as follows:
"15-9-60.1. (a) In addition to any fees required in Code Section 15-9-60 for receiv ing marriage applications, issuing marriage licenses, and recording relative thereto, the judge of the probate court shall charge an additional fee of $15.00 for issuing a marriage license. No amount of this additional fee shall be paid into the Judges of the Probate Courts Retirement Fund of Georgia provided for in Chapter 11 of Title 47 nor be used for the purpose of calculating retirement benefits for judges of the probate courts. Each judge of the probate court shall collect the additional fees for issuing marriage licenses as provided in this Code section and shall pay such moneys over to the commissioner of revenue by the last day of the month there following, to be deposited by him into the general treasury. The commissioner of revenue shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget and the Legislative Budget Office no later than 30 days after the last day of the preceding quarter.
(b) When any such person whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount."
Section 4. The purpose of this Act is to implement the amendment to the Constitu tion authorizing the creation of a State Children's Trust Fund (Ga. L. 1986, p. 1631).
Section 5. The provisions of this Act shall become effective on July 1, 1987.
Section 6. This Act shall be repealed in its entirety effective July 1, 1995.

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JOURNAL OF THE HOUSE,

Section 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Thompson of the 20th moved that the House adopt the report of the Committee of Conference on SB 159.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G N Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck
Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks Y Brown YBuck N Buford YByrd Y Carrell 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 Couch YCox N Crawford Y Crosby Y Cummings Y Davis,G
Davis.M Y Dixon YDobbs N Dover
Dunn Edwards Felton Floyd Foster Y Galer YGodbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin N Groover Y Hamilton Hanner Y Harris Y Hasty YHays Heard Y Hensley

Y Herbert Y Holcomb
Y Holmes Y Hooks Y Hudson YIsakson Y Jackson,J Y Jackson.W N Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Under NLong
Lord Y Lucas Y Lupton Y Mangum Y Martin
Y McDonald Y McKelvey
McKinney Y Milam
Y Milford Y Mobley Y Moody Y Moore N Morton

On the motion, the ayes were 135, nays 18. The motion prevailed.

Mos tiler
Moultrie N Mueller Y Oliver Y Orrock
Y Padgett Pannell
Y Parham Y Parrish N Patten
Peters Y Pettit
Phillips N Pinkston Y Pittman Y Porter N Powell Y Prichard
Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom NRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P N Royal Y Selman Y Shepard N Sherrod Y Simpson
Sinkfield

N Sizemore N Smith.L Y Smith,P N Smith,T Y Smith,W
Y Smyre YSnow
Y Stancil Y Stanley
Steinberg
Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond 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
Wilson
YWood Y Workman Y Yeargin
Y Young Murphy.Spkr

HB 43. By Representatives Steinberg of the 46th, Lee of the 72nd, Walker of the 115th, Smyre of the 92nd, Robinson of the 58th and others:
A bill to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving invasion of pri vacy, so as to provide that it shall be a criminal offense to use or allow use of certain automatic telephone dialing and announcing equipment for pur poses of soliciting sales and certain other commercial purposes.

The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HB 43

The Committee of Conference on HB 43 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 43 be adopted.
Respectfully submitted,

THURSDAY, MARCH 12, 1987

2457

FOR THE SENATE:
M Culver Kidd Senator, 25th District
Is/ Tommy C. Olmstead Senator, 26th District
M Hudgins Senator, 15th District

FOR THE HOUSE OF REPRESENTATIVES: , , ,, , ,,, /s/ Cathev W- Steinberg Representative, 46th District /&j ^Vm. J. Lee Representative, 72nd District
/s/ Cas Robinson Representative, 58th District

A BILL
To amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service in general, so as to regulate the use of automatic telephone dialing and announcing equipment for certain purposes; to define a certain term; to provide that certain uses or contracting for certain uses of automatic telephone dialing and announcing equipment is unlawful; to require the furnishing of certain information in connection with telephone calls made through the use of automatic telephone dialing and announcing equipment; to prohibit the connection or use of automatic telephone dialing and announcing equipment under certain circumstances; to provide procedures whereby a person can consent to one or more calls by a person using automatic telephone dialing and announcing equipment; to provide for revocation of consent; to provide for records of con sent; to make it unlawful for any person using automatic telephone dialing and announcing equipment to fail to maintain certain records relating to consent or to prevent or hinder an authorized official from inspecting such records; to make it unlawful to use automatic telephone dialing and announcing equipment 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 enforcement; to provide for applicability with respect to rules or regulations of the Public Service Commission; to provide for other matters relative to the foregoing; to provide for applicability; to provide a penalty; 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. Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service in general, is amended by adding at the end thereof a new Code Section 46-5-23 to read as follows:
"46-5-23. (a) (1) As used in this Code section, the term 'ADAD equipment' means any device or system of devices which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating prerecorded messages to the numbers so selected or dialed.
(2) It shall be unlawful for any person to use, to employ or direct another person to use, or to contract for the use of ADAD equipment 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) Consent is not received prior to the initiation of the calls as specified in paragraph (3) of this subsection;
(B) Such use is other than between the hours of 8:00 A.M. and 9:00 P.M.; (C) The ADAD equipment will operate unattended or is not so designed and equipped with an automatic clock and calendar device that it will not operate unat tended, even in the event of power failures; (D) Such use involves either the random or sequential dialing of telephone numbers; (E) The telephone number required to be stated in subparagraph (G) of this paragraph is not one which during normal business hours is promptly answered in

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JOURNAL OF THE HOUSE,

person by a person who is an agent of the person on whose behalf the automatic calls are made and who is willing and able to provide information concerning the automatic calls.
(F) The automatic dialing and recorded message player does not automatically and immediately terminate its connection with any telephone call within ten seconds after the person called fails to give consent for the playing of a recorded message or hangs up his or her telephone;
(G) The recorded message fails to state clearly the name and telephone number of the person or organization initiating the call within the first 25 seconds of the call and at the conclusion of the call; or
(H) Such use involves calls to telephone numbers which at the request of the customer have been omitted from the telephone directory published by the local exchange company serving the customer or involves calls to hospitals, nursing homes, fire protection agencies, or law enforcement agencies; (3) (A) A person may give consent to a call made with ADAD equipment when a line operator introduces the call and states an intent to play a recorded message. Any such consent shall apply only to one particular call and shall not constitute prior consent to receive further calls through the use of such ADAD equipment.
<B) Any person wishing to receive telephone calls through the use of ADAD equipment shall give his or her written consent to the person using, employing or directing another person to use, or contracting for the use of such ADAD equip ment. Any forms used for such written consent by any person using, employing or directing another person to use, or contracting for the use of such ADAD equipment shall clearly and conspicuously state its purpose and effect and clearly and conspic uously give notice of how the consent may be withdrawn. A record of such written consent shall be maintained by the person to whom consent is given and shall be made available to the commission or its authorized representative, without further action, during normal business hours and following reasonable notice. Such consent shall, unless withdrawn, be valid for a period of two years from the date on which it is executed; and such record of written consent shall be maintained by the person to whom consent is given for at least the same period of time. Any consent to receive telephone calls through the use of ADAD equipment shall be void and with drawn on the fifteenth day following the receipt of a letter withdrawing such con sent. It shall be unlawful for any person to whom written consent is given to fail to maintain the record of such written consent for the time period required by this paragraph or to prevent or hinder the commission or its authorized representative from inspecting any such record of written consent.
(b) It shall be unlawful for any person to use, to employ or direct another person to use, or to contract for the use of ADAD equipment in any manner covered by the provisions of subparagraphs (a)(2)(B) through (a)(2)(G) of this Code section when:
(1) Calls are made with ADAD equipment by a nonprofit organization, or by an individual using such calls other than for commercial profit-making purposes, and the calls do not involve the advertisement or offering for sale, lease, or rental of goods, services, or property;
(2) Calls made with ADAD equipment relate to payment for, service of, or war ranty coverage of previously ordered or purchased goods or services; or
(3) Calls made with ADAD equipment relate to collection of lawful debts.
(c) It shall be unlawful for any person to connect any ADAD equipment to any tele phone line in this state for the purpose of making telephone calls to persons in this state through the use of ADAD equipment unless a permit has been issued for such ADAD equipment by the commission. Any person desiring to use ADAD equipment in this state shall make application for a permit to the commission on forms prescribed by the commission and shall pay a fee as prescribed by the commission for such permit. Per mits shall be renewed biennially as prescribed by the commission and upon payment of a renewal fee. The fees charged shall cover the administrative cost for the issuance of such permits. Permits shall be subject to suspension or revocation for any violation of this Code section.

THURSDAY, MARCH 12, 1987

2459

(d) The provisions of this Code section shall supersede any prior rule, regulation, or order of the commission governing the use of ADAD equipment but shall not prohibit or supersede any future rule, regulation, or order of the commission governing the use of ADAD equipment except to the extent that any such rule, regulation, or order directly conflicts with this subsection. Except for criminal sanctions, the commission is charged with the responsibility of enforcing this Code section; and the commission shall require local exchange companies to file with the commission appropriate tariff revisions to implement this subsection. Any person who operates or utilizes ADAD equipment in violation of the provisions of this Code section shall be subject to disconnection of tele phone service if the violation does not cease within ten days from the date of notifica tion to such person by the local exchange company; and the tariff revisions filed by local exchange companies shall provide for the giving of such notification by local exchange companies and for such disconnection of service.
(e) Any person who violates any provision of this subsection shall be guilty of a mis demeanor."
Section 2. This Act shall become effective June 1, 1987.
Section 3. 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 43.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams,G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefleld YBenn
Y Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs N Clark.B
Clark.L

Y Colbert Coleman Colwell
Y Connell
Y Cooper Couch
YCox N Crawford Y Crosby Y Cummings Y Davis.G Y Davis,M Y Dixon
Dobbs Y Dover
Dunn Edwards Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene YGreer Y Gresham Y Griffin Y Groover Y Hamilton Manner Y Harris Hasty YHays Heard Y Hensley

Y Herbert
Y Holcomb Y Holmes Y Hooks
Hudson Y Isakson Y Jackson.J Y Jackson, W Y Jamieson Y Johnson.D Y Johnson.R
Y Kilgore Y Kingston
Y Lane,D Y Lane.R Y Langford Y Lawler Y Lawrence
Y Lawson YLee Y Linder YLong
Lord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald
Y McKelvey McKinney
Y Milam
Y Milford Y Mobley Y Moody
Y Moore Y Morton

On the motion, the ayes were 149, nays 2. The motion prevailed.

Mostiler Y Moultrie Y Mueller Y Oliver
Y Orrock Y Padgett
Pannell Y Parham Y Parrish Y Patten
Peters Y Pettit
Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard
Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith,L Y Smith,P
Y Smith.T Y Smith, W YSmyre YSnow Y Stancil
Y Stanley Y Steinberg Y Stephens Y Thoma8,C Y Thomas,M Y Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams.B Y Williams,.!
Wilson Wood Workman Y Yeargin
Y Young Murphy,Spkr

Representative Clark of the 55th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

2460

JOURNAL OF THE HOUSE,

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

HB 269. By Representative Wilder of the 21st:
A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Anno tated, relating to cosmetologists, so as to authorize the performance of cos metology services in locations other than a licensed beauty shop or salon in certain cases where clients are unable to go to such shop or salon for reasons of ill health, infirmity, or other physical disability.

The following Senate substitute was read:
A BILL
To amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to authorize the performance of cosmetology services in locations other than a licensed beauty shop or salon in certain cases where clients are unable to go to such shop or salon for reasons of ill health, infirmity, or other physical disability; to authorize the State Board of Cosmetology to adopt certain rules and regulations regarding such services; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, is amended by adding immediately following Code Section 43-10-18.2 a new Code Section 43-10-18.3 to read as follows:
"43-10-18.3. (a) Notwithstanding any other provision of this chapter, cosmetology services may be performed by a licensed cosmetologist in a client's residence, a nursing home, or a hospital when the client for reasons of ill health, infirmity, or other physical disability is unable to go to the licensed beauty shop or salon for regular cosmetology services.
(b) The board is authorized to adopt reasonable rules and regulations prescribing requirements and conditions for the performance of the services authorized in subsection (a) of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Wilder of the 21st moved that the House agree to the Senate substi tute to HB 269.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford
Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister
Y Bargeron Y Barnett.B Y Barnett.M Y Beck
Y Benefield Y Benn Y Birdsong Y Bishop YBostick

Y Branch Bray
Y Brooks Y Brown Y Buck
Y Buford Y Byrd Y Carrell Y Carter Y Chambless N Chance
Y Cheeks Y Childers Y Childs Y Clark.B
Y Clark.L Y Colbert
Coleman Y Colwell YConnell

Cooper Y Couch Y Cox Y Crawford Y Crosby
Y Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs N Dover
Y Dunn Y Edwards Y Felton Y Floyd
Y Foster Y Galer Y Godbee Y Goodwin Y Green

Y Greene Y Greer Y Gresham Y Griffin Y Groover
Y Hamilton Hanner
Y Harris Y Hasty Y Hays
Heard
Y Hensley Herbert
Y Holcomb Y Holmes
Y Hooks Y Hudson Y Isakson Y Jackson,J
Jackson.W

N Jamieson Y Johnson.D Y Johnson.R Y Kilgore N Kingston
Y Lane.D Y Lane.R Y Langford N Lawler Y Lawrence Y Lawson
Y Lee Y Linder Y Long Y Lord
Y Lucas Y Lupton Y Mangum Y Martin
McDonald

THURSDAY, MARCH 12, 1987

2461

YMcKelvey McKinney
Y Milam NMilford YMobley Y Moody Y Moore YMorton
Mostiler Y Moultrie Y Mueller Y Oliver YOrrock YPadgett YPannell
YParham

Fairish Y Patten
Peters YPettit
Phillips Y Pinkston Y Pittman
Porter Y Powell Y Prichard
Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
Y Ray

Reaves Y Redding Y Richardson Y Ricketson
Robinson.C Y Robinson,? Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L Y Smith.P
Y Smith.T

On the motion, the ayes were 151, nays 7. The motion prevailed.

Y Smith,W Y Smyre Y Snow Y Stancil Y Stanley
Steinberg Y Stephens Y Thomas.C Y Thomas.M
Thompson Y Thurmond Y Townsend Y Triplett N 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
Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy,Spkr

Representative Kingston of the 125th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

SB 119. By Senators Barnes of the 33rd, Dean of the 31st and McKenzie of the 14th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to revenue and taxation, generally, so as to provide criminal penalties for the evasion or attempted evasion of any tax, fee, license, pen alty, interest, or other amount imposed under Title 48; to provide an effec tive date.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 119

The Committee of Conference on SB 119 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 119 be adopted.

Respectfully submitted,

FOR THE SENATE: M Roy E. Barnes
Senator, 33rd District
M Nathan Dean Senator, 31st District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Larry Walker Representative, 115th District
/g/ Thomas E. Lawrence Representative, 49th District

/s/ Lewis H. McKenzie Senator, 14th District

/s/ Bobby Lawson Representative, 9th District

A BILL
To amend Article 1 of Chapter 7 of Title 48 of the Official Code of Georgia Anno tated, relating to general provisions relative to income taxes, so as to provide criminal pen alties for the evasion or attempted evasion of any income tax, penalty, interest, or other

2462

JOURNAL OF THE HOUSE,

amount in excess of $3,000.00 imposed under Chapter 7 of Title 48; 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 48 of the Official Code of Georgia Anno tated, relating to general provisions relative to income taxes, is amended by adding at the end thereof a new Code Section 48-7-5 to read as follows:
"48-7-5. Any person who willfully evades or defeats or willfully attempts to evade or defeat, in any manner, any income tax, penalty, interest, or other amount in excess of $3,000.00 imposed under this chapter, including but not limited to failure to file a return or report, shall, in addition to any other criminal or civil penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000.00 in the case of an individual or not more than $500,000.00 in the case of a corporation or imprisoned not less than one nor more than five years, or both. Conduct proscribed by this Code section shall be subject to punishment under this Code section notwith standing the applicability to such conduct of any other provision of law."
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 Lawson of the 9th moved that the House adopt the report of the Committee of Conference on SB 119.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Y Adams,G N Adams.M N Aiken Y Alford N Alien
Y Athon Y Atkins Y Bailey
Balkcom N Bannister Y Bargeron Y Barnett,B
N Barnett.M YBeck Y Benefield NBenn Y Birdsong Y Bishop Y Bostick Y Branch
Bray
Brooks N Brown YBuck Y Buford YByrd
Carrell Y Carter Y Chambless Y Chance N Cheeks Y Childers
Childs Y Clark,B N Clark.L

Y Colbert Coleman
N Colwell Y Connell Y Cooper
N Couch YCox Y Crawford Y Crosby Y Cummings N Davis.G N Davis.M Y Dixon Y Dobbs
Dover Dunn Y Edwards Y Felton N Floyd N Foster Y Galer N God bee Y Goodwin N Green Y Greene Y Greer N Gresham N Griffin
Y Groover N Hamilton Y Hanner N Harris Y Hasty NHays
Heard N Hensley

N Herbert Y Holcomb Y Holmes
N Hooks Y Hudson Y Isakson Y Jackson,J N Jackson,W N Jamieson Y Johnson,D Y Johnson.R
N Kilgore N Kingston
N Lane.D N Lane,R N Langford N Lawler Y Lawrence
Y Lawson YLee N Linder
Long Lord Y Lucas Y Lupton Y Mangum Y Martin McDonald Y McKelvey N McKinney
Y Milam N Milford
Y Mobley Y Moody N Moore N Morton

On the motion, the ayes were 97, nays 59. The motion prevailed.

Mostiler
N Moultrie Y Mueller Y Oliver N Orrock
Y Padgett Y Pannell N Parham
Parrish Y Patten
Peters Y Pettit
Phillips Y Pinkston Y Pittman
Porter N Powell N Prichard
Rainey Y Ramsey.T Y Ramsey.V N Randall Y Ransom NRay N Reaves N Redding Y Richardson
Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman N Shepard Y Sherrod Y Simpson N Sinkfield

N Sizemore N Smith.L
Y Smith,P Smith.T
Y Smith,W Y Smyre YSnow
Y Stancil N Stanley
Steinberg Y Stephens Y Thomas.C N Thomas.M Y Thompson N Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle N Waldrep N Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White
Y Wilder Y Williams.B N Williams.J
Wilson YWood N Workman Y Yeargin N Young
Murphy.Spkr

THURSDAY, MARCH 12, 1987

2463

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

HR 275. By Representative Moody of the 153rd:
A resolution authorizing the conveyance of certain state owned property located in Brantley County, Georgia, to the Johns Timber Company.

The following Senate substitute was read:

A RESOLUTION
Authorizing the conveyance of certain state owned property located in Brantley County, Georgia, to the Johns Timber Company; to authorize the conveyance of certain state owned property located in Fannin County to the City of Blue Ridge, Georgia; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of certain real property located in Brantley County, Georgia, currently under the custody and management of the Georgia Forestry Commission; (2) Said real property is described as: All that tract or parcel of land lying and being in Land Lot No. 105 in the 2nd Land District (originally Wayne), now Brantley County, Georgia, containing approximately .75 acre bounded and described as follows: Bounded north by Satilla Avenue; east by J. B. Lewis lands; south by Route 50; west by Glenn Driver and Will Stokes; being 100 feet on north; 296 feet on east; 109 feet on south; 338 feet on west; (3) This property was conveyed to the State of Georgia by J. B. Lewis on October 9, 1940, for a consideration of $250.00; (4) The Georgia Forestry Commission has utilized this property as a county unit headquarters site and is in the process of acquiring a two-acre site upon which to relocate their facilities to better serve the citizens of Brantley and surrounding counties; and (5) The Georgia Forestry Commission has agreed to convey the above-described .75 acre site and improvements to Johns Timber Company provided a building be constructed by Johns Timber Company on the two-acre site now being acquired; and
WHEREAS: (1) The State of Georgia is the owner of certain real property located in Fannin County, Georgia; (2) Said real property is described as: "All that tract or parcel of land lying and being in the 8th District and 2nd Section of Fannin County, Georgia being part of Land Lot 315, more particularly described as follows: BEGINNING at the Northeast corner of the property, said point being South 70 deg. 20* West a distance of 1004.8 feet; South 55 deg. 42' West a distance of 31.60 feet from the Northeast corner of Land Lot 315, and from said point of beginning running thence South 47 deg. 03" East a distance of 87.70 feet; thence South 7 deg. 07' East a distance of 65.48 feet; thence North 43 deg. 09' West a distance of 142.34 feet; thence North 50 deg. 04' East a distance of 32.61 feet to the POINT OF BEGINNING, and containing an area of 4,162 square feet."; (3) The said property is no longer needed by the State of Georgia; and (4) The City of Blue Ridge, Georgia, is desirous of obtaining all of the abovedescribed real property located in Fannin County to be used for county purposes.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

2464

JOURNAL OF THE HOUSE,

Article 1.
Section 1. (a) That the State of Georgia is the owner of the above-described property located in Brantley County, Georgia, and that in all matters relating to the conveyance of the property the State of Georgia is acting by and through the State Properties Commis sion.
(b) That the above-described real property located in Brantley County, Georgia, shall be conveyed by appropriate instrument to Johns Timber Company by the State of Georgia, acting by and through the State Properties Commission, in exchange for a build ing, approved by the Georgia Forestry Commission and the State Properties Commission, to be constructed and paid for by Johns Timber Company on a state owned two-acre site in Brantley County, and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia.
(c) That this conveyance and exchange shall not take place prior to the abovementioned new building being completed by Johns Timber Company and accepted by the Georgia Forestry Commission.
Article 2.
Section 2. (a) That the State of Georgia is the owner of the above-described real property located in Fannin County, Georgia, and that in all matters relating to the convey ance of the real property the State of Georgia is acting by and through the State Prop erties Commission.
(b) That the above-described real property located in Fannin County, Georgia, shall be conveyed by appropriate instrument to the City of Blue Ridge, Georgia, by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $10.00 and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia.
Article 3.
Section 3. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. That all laws and parts of laws in conflict with this resolution are repealed.

The following amendment was read and adopted:

Representative Colwell of the 4th moves to amend the Senate substitute to HR 275 by adding in the title on line 5 of page 1, between the word and symbol "Georgia;" and the word "to", the following:
"to authorize the conveyance of certain state owned property located in Fulton County, Georgia, to the City of Atlanta, Georgia;".
By adding between lines 28 and 29 on page 2 the following:
"WHEREAS:
(1) The State of Georgia is the owner of certain real property located in Fulton County, Georgia; and
(2) Said real property is described as all or a portion of that certain property lying and being in Land Lots 25 and 8 of the 14th District of Fulton County, Georgia, for merly known as U.S. Honor Farm No. 1 bounded by McDonough Boulevard, Thomasville Boulevard, Southern Railway, and New Town Circle containing 24.348 acres; and
(3) The property is no longer needed by the State of Georgia; and

THURSDAY, MARCH 12, 1987

2465

(4) The City of Atlanta, Georgia, is desirous of obtaining all of the above-described real property located in Fulton County to be used for city purposes."
By striking in its entirety "Article 3" on page 4 and inserting in lieu thereof new Arti cles 3 and 4 to read as follows:
"Article 3.
Section 3. (a) That the State of Georgia is the owner of the above-described property located in Fulton County, Georgia, and that in all matters relating to the conveyance of the property the State of Georgia is acting by and through the State Properties Commission.
(b) That the State Properties Commission is authorized to convey all or a portion of the above-described real property located in Fulton County to the City of Atlanta, Georgia, in exchange for real property owned by the City of Atlanta and conveyed by the City of Atlanta to the State of Georgia, provided that the real properties exchanged are of equal value as determined by the State Properties Commission.
(c) That the above-described real property located in Fulton County, Georgia, shall be conveyed and exchanged upon such other terms and conditions as the State Prop erties Commission shall determine to be in the best interest of the State of Georgia.
Article 4.
Section 4. That this resolution shall become effective upon its approval by the Gover nor or upon its becoming law without such approval.
Section 5. That all laws and parts of laws in conflict with this resolution are repealed."

Representative Colwell of the 4th moved that the House agree to the Senate substi tute, as amended by the House, to HR 275.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister
Bargeron
Y Barnett,B Y Bamett.M YBeck
Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks Y Brown YBuck
Y Buford YByrd Y Carrel!
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 Couch
Cox
Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards
Felton Floyd Y Foster
Y Galer YGodbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton

Y Banner Y Harris
Y Hasty YHays
Heard Y Hensley
Y Herbert Y Holcomb Y Holmes Y Hooks
Y Hudson YIsakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford
Lawler Y Lawrence
Y Lawson YLee Y Under YLong
YLord Y Lucas Y Lupton Y Mangum Y Martin

McDonald Y McKelvey
Y McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton
Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Y Pinkston
Y Pittman Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T
Ramsey.V Y Randall Y Ransom
Ray

Reaves Y Redding
Richardson Y Ricketson Y Robinson.C
Robinson,P Y Royal
Y Selman Y Shepard Y Sherrod Y Simpson
Y Sinkfield Y Sizemore
Y Smith,L Y Smith,P Y Smith.T Y Smith.W
Smyre Snow Y Stancil Y Stanley Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C

2466

JOURNAL OF THE HOUSE,

Y Walker,L Y Wall
Ware

Y Watson Y Watts
White

Wilder Y Williams.B Y Williams,J

Wilson Y Wood Y Workman

Y Yeargin Y Young
Murphy,Spkr

On the motion, the ayes were 152, nays 0. The motion prevailed.

The following Bill and Resolution of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon:

HB 10. By Representatives Lucas of the 102nd, Coleman of the 118th, Hanner of the 131st and Ramsey of the 3rd:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification for law enforcement officers, firemen, and prison guards who are killed or permanently disabled in the line of duty, so as to provide the same indemnification with respect to publicly employed emergency medical technicians who are killed or permanently dis abled in the line of duty after a certain date.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 10

The Committee of Conference on HB 10 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 10 be adopted.

Respectfully submitted,

FOR THE SENATE: M Loyce W. Turner
Senator, 8th District
/s/ Rooney L. Bowen Senator, 13th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Davld E- Lucas Representative, 102nd District
/s/ Luther s Colbert Representative, 23rd District

/s/ Lewis H. McKenzie Senator, 14th District

/s/ William S. Jackson Representative, 83rd District

A BILL
To amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Anno tated, relating to indemnification for law enforcement officers, firemen, and prison guards who are killed or permanently disabled in the line of duty, so as to provide the same indemnification with respect to publicly employed emergency medical technicians who are killed or permanently disabled or who have been killed or permanently disabled in the line of duty after a certain date; to provide indemnification for law enforcement officers, fire men, and prison guards who have been permanently disabled in the line of duty subse quent to January 1, 1973, and prior to January 1, 1979; to change the provisions relating to the purpose of the article; to define certain terms; to change the definition of certain terms; to change the provisions relating to the establishment of the indemnification pro gram; to change the composition of the Georgia State Indemnification Commission; to change the provisions relating to the authority of the General Assembly to make appropri ations to the Georgia State Indemnification Fund; to change the provisions relating to the payment of indemnification for death or disability generally; to change the provisions

THURSDAY, MARCH 12, 1987

2467

relating to applications for indemnification; to provide procedures; to provide for legis lative intent; to provide for related matters; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Anno tated, relating to indemnification for law enforcement officers, firemen, and prison guards who are killed or permanently disabled in the line of duty, is amended by striking in its entirety Code Section 45-9-80, relating to the purpose of said article, and inserting in lieu thereof a new Code Section 45-9-80 to read as follows:
"45-9-80. The purpose of this article is to: (1) Implement the constitutional amendment ratified November 4, 1976, authoriz
ing the General Assembly to provide by law for the indemnification with respect to the death of law enforcement officers, firemen, or prison guards who are killed or have been killed in the line of duty subsequent to January 1, 1973;
(2) Provide by law for the indemnification with respect to the permanent disability of law enforcement officers, firemen, or prison guards who are permanently disabled or have been permanently disabled in the line of duty subsequent to January 1, 1079 1973; and
(3) Provide by law for the indemnification with respect to the death or permanent disability of publicly employed emergency medical technicians who are killed or permanently disabled or who have been killed or permanently disabled in the line of duty subsequent to January L, 1977."
Section 2. Said article is further amended by striking in its entirety Code Section 45-9-81, relating to definitions under said Article 5, and inserting in lieu thereof a new Code Section 45-9-81 to read as follows:
"45-9-81. As used in this article, the term: (1) 'Commission' means the Georgia State Indemnification Commission. (2) 'Emergency medical technician' includes only persons who: (A) Are certified as emergency medical technicians, advanced emergency medical technicians, or cardiac technicians by the Board of Human Resources; and (B) Are employed in the capacity for which they are so certified by a depart ment, agency, authority, or other instrumentality of state or local government. {2} (3) (A) 'Fireman' means any person who is employed as a professional firefighter on a full-time basis of at least 40 hours per week by any municipal, county, or state government fire department employing three or more firemen and who has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal, county, and state fire prevention codes, enforcing any law pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property. (B) 'Fireman' shall also mean any individual serving as an officially recognized or designated member of a legally organized volunteer fire department who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property. (C) 'Fireman' shall also mean any individual employed by a person or corpora tion which has a contract with a municipal corporation or county to provide fire prevention and fire-fighting services to such municipal corporation or county and any such individual is employed on a full-time basis of at least 40 hours per week and has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal or county fire prevention codes, enforcing any munici pal or county ordinances pertaining to the prevention and control of fires or who performs any acts or aetieft actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property.

2468

JOURNAL OF THE HOUSE,

(4) 'In the line of duty' means: (A) With respect to an emergency medical technician, while on duty and when
responding to an emergency or performing duties at the scene of an emergency or transporting a person to a medical facility for emergency treatment;
(B) With respect to a fireman, while on duty and when responding to a fire or other emergency or performing duties during any fire or other emergency or per forming duties intended to protect life and property;
(C) With respect to a law enforcement officer, while on duty and performing services for and receiving compensation from the law enforcement agency which employs such officer. A law enforcement officer who is performing duties for and receiving compensation from a private employer at the time of his death or bodily injury causing permanent disability shall not be considered in the line of duty; or
(D) With respect to a prison guard, while on duty and performing services for and receiving compensation from the public agency which employs such prison guard. {3} (5) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, 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 protection 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 jurisdic tion of the Department of Human Resources or who have broken the conditions of supervision. {4} (6) 'Permanent disability" means disability due to:
(A) Loss of both eyes or blindness in both eyes with only light perception; (B) Loss or loss of use of both hands; (C) Loss or loss of use of both legs; (D) Loss of a lower extremity or residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair; or (E) Organic brain damage resulting from direct physical trauma incurred after January 1, 1070 1973, which so affects the mental capacity as to preclude ability to function productively in any employment.
4fr) (7) 'Prison guard' means any person employed by the state or any political subdivision thereof whose principal duties relate to the supervision and incarceration of persons accused or convicted of the violation of the criminal laws of this state or any political subdivision thereof. Such term shall also mean any probation supervisor or parole officer who is required to be certified under Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' and whose principal duties directly relate to the supervision of adult probationers or adult parolees. Such term also means any person employed by the state or any political subdivision thereof whose principal duties include the supervision of youth who are charged with or adju dicated for an act which if committed by adults would be considered a crime."
Section 3. Said article is further amended by striking in its entirety subsection (a) of Code Section 45-9-82, relating to the establishment of an indemnification program, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) There is established a program to provide for indemnification with respect to the:
(1) Death of any law enforcement officer, fireman, or prison guard who is or has been killed in the line of duty subsequent to January 1, 1973;
(2) Permanent disability of any law enforcement officer, fireman, or prison guard who is or has been permanently disabled in the line of duty subsequent to January 1, M?9 1973; and

THURSDAY, MARCH 12, 1987

2469

(3) Death or permanent disability of any emergency medical technician who is killed or permanently disabled or who has been killed or permanently disabled in the line of duty subsequent to January 1^ 1977."
Section 4. Said article is further amended by striking in its entirety Code Section 45-9-83, relating to the Georgia State Indemnification Commission, and inserting in lieu thereof a new Code Section 45-9-83 to read as follows:
"45-9-83. There is created the Georgia State Indemnification Commission which shall be composed of the Governor, the Secretary of State, the Commissioner of Insurance, the commissioner of public safety, the commissioner of corrections, the director ef the Division ef Youth Services ef the Department ef Human Resources, the commissioner of human resources, the president of the Peace Officers Association of Georgia, and the president of the Georgia State Firemen's Association. The Governor shall be the chair man of the commission and the commission shall be assigned to the Department of Administrative Services for administrative purposes."
Section 5. Said article is further amended by striking in its entirety Code Section 45-9-84.2, relating to the authority of the General Assembly to make appropriations to the Georgia State Indemnification Fund, and inserting in lieu thereof a new Code Section 45-9-84.2 to read as follows:
"45-9-84.2. The General Assembly is authorized to appropriate funds to be placed in the Georgia State Indemnification Fund for the purpose of providing for indemnification with respect to the death or disability of any law enforcement officer, fireman, or prison guard who is or has been killed or permanently disabled in the line of duty subsequent to January 1, 1973, and the death or disability of any emergency medical technician who is killed or permanently disabled or has been killed or permanently disabled in the line of duty subsequent to January l^ 1977, as well as defraying the expenses and costs incur red by the commission in the administration of this article. In addition, the Fiscal Divi sion of the Department of Administrative Services is authorized to accept for deposit in the Georgia State Indemnification Fund any other funds from any other source. All funds appropriated to the Georgia State Indemnification Fund shall be presumptively concluded to have been committed to the purpose for which they have been appropri ated and shall not lapse."
Section 6. Said article is further amended by striking in its entirety Code Section 45-9-85, relating to payment of indemnification for death or disability generally, and inserting in lieu thereof a new Code Section 45-9-85 to read as follows:
"45-9-85. (a) The indemnification shall be paid by the commission when a law enforcement officer, fireman, emergency medical technician, or prison guard; white engaged the performance ef his duties who in the line of duty:
(1) Is killed or receives bodily injury which results in death within 12 months thereafter, if such killing death does not occur from natural causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firemen, emergency medical technicians, or prison guards, and if such killing is not the result of suicide and if such bodily injury is not intentionally self-inflicted; or
(2) Is permanently disabled, if the permanent disability does not occur from natu ral causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firemen, emergency medical technicians, or prison guards, and if the permanent disability is not intention ally self-inflicted. (b) (1) Every law enforcement officer, fireman, emergency medical technician, and prison guard shall designate his beneficiary and method of payment for the purpose of indemnification for death under this article. The designation shall be made to the commission in writing and on forms furnished by the commission. The beneficiary and method of payment may be changed in the same manner, provided that a change in beneficiary or method of payment shall not be effective until received by the commis sion. If a beneficiary is not designated, payment shall be made to the estate; and if the method of payment is not designated, payment shall be made in lump sum.

2470

JOURNAL OF THE HOUSE,

(2) The beneficiary, in the case of a law enforcement officer, fireman, emergency medical technician, or prison guard permanently disabled in the line of duty, shall be the disabled officer, fireman, emergency medical technician, or guard.
(3) Each law enforcement officer, fireman, emergency medical technician, or prison guard shall be authorized to designate one of the following methods of payment:
(A) The payment of a total sum of $50,000.00 in equal monthly installments over a period of five years; or
(B) Payment in lump sum; provided, however, that if the lump sum method of payment is chosen, the amount to be paid shall be equal to the total sum of $50,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum. (4) With respect to law enforcement officers, firemen, or prison guards who were killed prior to April 5, 1978, or who were permanently disabled prior to January 1, 1981, and who are entitled to indemnification under this article, payment shall be made in lump sum to the estate, in the case of death, or, in the case of permanent disability, to the person disabled. (5) With respect to emergency medical technicians who were killed or permanently disabled prior to July 1; 1987, and who are entitled to indemnification under this arti cle, payment shall be made in lump sum to the estate, in the case of death, or, in the case of permanent disability, to the person disabled. (c) After determining that a law enforcement officer, fireman, emergency medical technician, or prison guard has been killed or permanently disabled in the line of duty and that he or his beneficiary is entitled to indemnification under this article, the commission, within ten days after such determination, shall forward a certified copy of the order granting such payment, which order shall include the person to whom such payment shall be made and the method of payment, to the director of the Fiscal Divi sion of the Department of Administrative Services who is authorized to make the appro priate payments from funds appropriated or otherwise made available for the purpose of carrying out this article."
Section 7. Said article is further amended by striking in its entirety Code Section 45-9-86, relating to applications for indemnification, and inserting in lieu thereof a new Code Section 45-9-86 to read as follows:
"45-9-86. (a) Any designated beneficiary or any other person who is eligible or believes he is eligible for indemnification under the program may make application for indemnification to the commission. In any case in which the person entitled to make application is a minor, the application may be made on his behalf by his parent or guardian. In any case in which the person entitled to make application is mentally incompetent, the application may be made on his behalf by his parent, guardian, or other individual authorized to administer his estate.
(b) An application for indemnification relative to any law enforcement officer, fire man, or prison guard killed in the line of duty subsequent to January 1, 1973, and prior to January 1, 1981, must be made prior to January 1, 1982. An application for indemni fication relative to any law enforcement officer, fireman, or prison guard killed in the line of duty on and after January 1, 1981, and prior to January 1, 1984, must be made prior to January 1, 1986. An application for indemnification relative to any law enforce ment officer, fireman, or prison guard killed in the line of duty on or after January 1, 1984, must be made within 24 months from the death of such law enforcement officer, fireman, or prison guard.
(c) An application for indemnification relative to any law enforcement officer, fire man, or prison guard permanently disabled in the line of duty subsequent to January lj 1973, and prior to January lj 1979, must be made prior to January l^ 1989. An appli cation for indemnification relative to any law enforcement officer, fireman, or prison guard permanently disabled in the line of duty subsequent to January 1, 1979, and prior to January 1, 1980, must be made prior to January 1, 1982. An application for indemni fication relative to any law enforcement officer, fireman, or prison guard permanently disabled in the line of duty on and after January 1, 1980, and prior to January 1, 1984, must be made prior to January 1, 1986. An application for indemnification relative to

THURSDAY, MARCH 12, 1987

2471

a permanent disability occurring on or after January 1, 1984, must be made within 24 months of the date the permanent disability occurred.
(d) An application for indemnification with respect to the death or permanent dis ability of an emergency medical technician who was killed or permanently disabled subsequent to January lj 1977, and prior to January 1^ 1987, must be made prior to January 1 1989. An application for indemnification with respect to the death or perma nent disability of an emergency medical technician who is killed or permanently disabled in the line of duty on or after January lj 1987, must be made within 24 months after the date of death or disability."
Section 8. If any provision of this Act is held to be invalid or inoperative for any reason, the remaining provisions of this Act shall be deemed to be void and of no effect it being the legislative intent that this Act as a whole would not have been adopted had any provision not been included.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

Representative Lucas of the 102nd moved that the House adopt the report of the Committee of Conference on HB 10.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Y Adams.G N Adams,M Y Aiken Y Alford Y Alien
Athon Y Atkins N Bailey
Balkcom N Bannister
Bargeron Y Barnett.B Y Barnett.M YBeck N Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks Y Brown YBuck Y Buford YByrd
Carrell Y Carter
Chambless Chance Cheeks N Childers Childs Y Clark.B Y Clark.L

Y Colbert Coleman Colwell
Y Connell
Y Cooper Y Couch YCox Y Crawford N Crosby N Cummings Y Davis,G N Davis.M N Dixon N Dobbs Y Dover
Dunn Edwards Felton N Floyd Y Foster Y Galer Godbee Y Goodwin Y Green Y Greene Greer N Gresham Y Griffin N Groover Y Hamilton Y Hanner N Harris Y Hasty YHays Heard Y Hensley

N Herbert
Y Holcomb Y Holmes Y Hooks Y Hudson
YIsakson Y Jackson.J Y Jackson,W N Jamieaon Y Johnson,D N Johnson.R
Y Kilgore N Kingston
Y Lane,D Y Lane.R Y Langford
Y Lawler Y Lawrence
Y Lawson NLee Y Linder
Long YLord Y Lucas N Lupton Y Mangum Y Martin N McDonald N McKelvey
McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore N Morton

On the motion, the ayes were 110, nays 29. The motion prevailed.

Mostiler
Y Moultrie Mueller
Y Oliver Orrock
Y Padgett Y Pannell
Par ham Parrish Patten Peters Y Pettit Phillips Pinkston Y Pittman
Porter Y Powell Y Prichard
Rainey Y Ramsey.T
Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson,? Y Royal Y Selman N Shepard Y Sherrod Y Simpson
Sinkfield

Y Sizemore Y Smith.L N Smith.P
Y Smith.T Y Smith,W
Smyre YSnow Y Stancil Y Stanley
Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond N Townsend Y Triplet! Y Twiggs N Waddle Y Waldrep
Walker.C N Walker.L YWall
Ware Y Watson Y Watts
White N Wilder
Williams,B Y WilliamsJ Y Wilson Y Wood
Workman Y Yeargin Y Young
Murphy.Spkr

HR 109. By Representatives Redding of the 50th, Robinson of the 58th, Richardson of the 52nd, Steinberg of the 46th, Williams of the 54th and others:
A resolution creating the DeKalb County Government Study Commission.

2472

JOURNAL OF THE HOUSE,

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HR 109

The Committee of Conference on HR 109 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HR 109 be adopted.
Respectfully submitted,

FOR THE SENATE: // CSeunlvaetor rK, i2d5dth District
/s/ Gene Walker Senator, 43rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Frank Redding Representative, 50th District
/s/ Cas Robinson Representative, 58th District

/s/ Stumbaugh Senator, 55th District

/s/ Betty Jo Williams Representative, 48th District

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, the Board of Commissioners of DeKalb County, and their functions; 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 11 members as follows:
(1) Three members of the Senate whose senatorial districts lie within DeKalb County appointed by the chairperson of the Senate delegation from DeKalb County;
(2) Three members of the House of Representatives whose representative districts lie within DeKalb County appointed by the chairperson of the House delegation from DeKalb County;
(3) Two member of the Board of Commissioners of DeKalb County elected by said board of commissioners. In the event the board of commissioners fails to make appointments by the designated time, the Chief Executive Officer shall appoint such members within five days;
(4) Two citizens of DeKalb County appointed by the Chief Executive Officer of DeKalb County. In the event the Chief Executive Officer fails to make appointments by the designated time, the board of commissioners shall make such appointments within five days; and
(5) One member of the DeKalb County Chamber of Commerce appointed by the governing body of such organization.

THURSDAY, MARCH 12, 1987

2473

BE IT FURTHER RESOLVED that all members of the commission shall be elected or appointed by April 10, 1987. The chairperson of the Senate delegation from DeKalb County and the chairperson of the House delegation from DeKalb County shall each appoint a cochairperson of the commission. The cochairperson appointed by the House delegation shall preside. The organizational meeting of the commission shall be held at the call of the cochairpersons. At the organizational meeting the commission shall elect from its own membership 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 neces sary 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 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. Among other things, the commission is authorized to review the 1986 study of DeKalb County government undertaken by the Carl Vinson Institute of Government of the University of Georgia. The Board of Commissioners of DeKalb County is requested to provide reason able clerical and administrative support as needed by the study commission.
BE IT FURTHER RESOLVED that the commission shall complete its study by December 1, 1987, and submit its recommendations by December 31, 1987, 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 upon the completion and sub mission of its report.

Representative Redding of the 50th moved that the House adopt the report of the Committee of Conference on HR 109.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Y Adams.G Y Adams.M
Y Aiken
Y Alford Y Alien Y Athon Y Atkins
Bailey Y Balkcom
Bannister Bargeron Barnett.B
Y Barnett.M YBeck Y Benefield
YBenn Y Birdsong Y Bishop
Y Bostick Y Branch
Bray Y Brooks Y Brown YBuck Y Buibrd YByrd Y Carrell Y Carter Y Chambless N Chance

Y Cheeks Y Childers Y Childs Y Clark.B Y Clark.L N Colbert Y Coleman Y Colwell Y Connell Y Cooper
Couch YCox Y Crawford Y Crosby
Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Edwards
Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin
Y Green Y Greene
Greer

Y Gresham Y Griffin
Y Groover Y Hamilton Y Banner Y Harris Y Hasty YHays
Heard Y Hensley
Herbert Y Holcomb Y Holmes
Hooks Hudson Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Johnson.D
Y Johnson.R Y Kilgore Y Kingston Y Lane.D
N Lane,R Y Langford Y Lawler Y Lawrence
Y Lawson YLee
Y Under

Long YLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam Y Milford
Y Mobley Moody
Y Moore Y Morton
Mostiler Y Moultrie Y Mueller Y Oliver
Y Orrock Y Padgett
Pannell
Y Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Pinkston Y Pittman Y Porter

Y Powell Y Prichard
Y Rainey Ramsey.T
Y Ramsey.V Y Randall Y Ransom
Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal
Y Selman Y Shepard Y Sherrod Y Simpson
Y Sinkfield Y Sizemore Y Smith,L Y Smith.P
Y Smith.T Smith.W
YSmyre YSnow Y Stancil
Y Stanley Y Steinberg
Y Stephens

2474

JOURNAL OF THE HOUSE,

YThomas.C
Y Thomas.M Y Thompson
Thurmond Y Townsend

Y Triplett
Y Twiggs Y Waddle Y Waldrep
Walker.C

Walker.L
Y Wall Ware
Y Watson Y Watts

On the motion, the ayes were 144, nays 3. The motion prevailed.

White
Y Wilder Y Williams.B Y Williams,J Y 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 substitute thereto:

HB 1143. By Representatives Lawler of the 20th and Hensley 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 following Senate substitute was read:

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 change 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 reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, is amended by adding two new subsections at the end of Section 1.4, to be designated subsections (g) and (h), respectively, to read as follows:
"(g) Any other provision of this section to the contrary notwithstanding, the follow ing described property is hereby deannexed and excluded from the corporate limits of the City of Marietta: All that tract or parcel of land lying and being in Land Lot 650 of the 17th District, 2nd Section, Cobb County, Georgia, and being all of Lot 9, Block B, Revised Section 2, Meadowbrook Subdivision, as shown on a plat of survey prepared by Merritt & Welker, Engineers, recorded in Plat Book 16, Page 121, Cobb County Records, and being more particularly described as follows: BEGINNING at a point on the easterly right of way line of Meadowbrook Drive, 684.6 feet southerly as measured along the easterly right of way line of said Meadowbrook Drive, and following the curvature thereof from the intersection of the easterly right of way line of said Meadowbrook Drive with the south right of way line of Mayes Drive, said point of beginning also being located at the southwest corner of Lot 8, said subdivi sion, section, block and plat; running thence south along the east right of way line of said Meadowbrook Drive for a distance of 80 feet to an iron pin and corner located at the northwest corner of Lot 10, said subdivision, section, block and plat; running thence easterly along the northerly line of said Lot 10, forming an interior angle of 90 degrees 10 minutes with the last described course for a distance of 150 feet to an iron pin and corner; running thence north, forming an interior angle of 89 degrees 50 minutes with the last described course, for a distance of 80 feet to an iron pin and corner located at the southeast corner of said Lot 8; running thence west along the south line of said Lot 8, for a distance of 150 feet to an iron pin and corner and the point of beginning. This being improved property having thereon a dwelling known as 138 Meadowbrook Drive according to the present system of numbering houses in Cobb County, Georgia."
"(h) The corporate limits of the city shall further include the following tract or parcel of land:
All that tract or parcel of land lying and being in Land Lot No. 797, of the 16th District, 2nd Section, Cobb County, Georgia, as per plat by Clifton E. Phillips, Sur veyor, dated August 31, 1979, and more particularly described as follows:

THURSDAY, MARCH 12, 1987

2475

BEGINNING at the common corners of Land Lot 797, 788, 787 and 798, said corners being the northeast corner of Land Lot 797; running thence South 1 degree 00' West, 313 feet to an iron pin; running thence North 41 degrees 28' West, 113.7 feet to a concrete right-of-way marker; running thence North 62 degrees 06' West, 159 feet to a concrete right-of-way marker; running thence North 63 degrees 59' West, 242 feet to a concrete right-of-way marker; running thence North 38 degrees 59' West, 72.6 feet to an iron pin; running thence South 89 degrees 00' East, 484.7 feet to the common land lot corners of Land Lots 797, 788, 787 and 798, to the point of begin ning."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Lawler of the 20th moved that the House agree to the Senate substi tute to HB 1143.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford
Y Alien Y Athon Y Atkins
Bailey Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield Benn Y Birdsong Y Bishop Y Bostick Y Branch Bray Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell 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 Couch YCox Y Crawford Y Crosby Y Cummings Y Davis.G
Davis.M Y Dixon YDobbs Y Dover
Dunn Y Edwards
Felton Y Floyd Y Foster
YGaler Y Godbee Y Goodwin Y Green
Y Greene Y Greer Y Gresham Y Griffin
Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays
Heard Y Hensley

Herbert Y Holcomb Y Holmes
Hooks Y Hudson Y Isakson Y Jackson ,J Y Jackson, W Y Jamieson
Johnson,D Y Johnson,R Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawler N Lawrence Y Lawson YLee Y Linder
Long YLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley
Moody Y Moore
Y Morton

On the motion, the ayes were 144, nays 1. The motion prevailed.

Mostiler
Y Moultrie Y Mueller
Oliver
Orrock Y Padgett
Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall
Y Ransom
YRay Y Reaves Y Redding
Richardson Y Ricketson Y Robinson.C Y Robinson,?
Royal Y Selman Y Shepard
Sherrod Y Simpson Y Sinkfield

Y Sizemore
Y Smith.L Smith.P
Y Smith,T Y Smith,W
Smyre YSnow Y Stancil Y Stanley
Steinberg Y Stephens Y Thomas.C
Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplett
Twiggs
Y Waddle Y Waldrep
Walker.C Walker,L YWall
Ware Y Watson Y Watts Y White
Wilder
Williams,B Y Williams,J Y Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy,Spkr

The following Bills of the House and Senate were taken up for the purpose of consid ering the reports of the Committees of Conference thereon:

HB 17. By Representatives Thomas of the 69th, Chambless of the 133rd, Pannell of the 122nd and Waldrep of the 80th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions affecting jails, so as to declare unlawful the possession by a jail inmate of any controlled substance,

2476

JOURNAL OF THE HOUSE,

dangerous drug, marijuana, alcoholic beverage, gun, pistol, or weapon without the knowledge and consent of the jailer; to provide definitions.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 17

The Committee of Conference on HB 17 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 17 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Arthur B. Edge, IV
Senator, 28th District
/s/ Harrill L. Dawkins benator, 45th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ DuBose Porter Representative, 119th District
/s/ charles A Thomas> Jr. Representative, 69th District

1st Donn M. Peevy Senator, 48th District

/s/ Kenneth Waldrep Representative, 80th District

A BILL
To amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Anno tated, relating to general provisions affecting jails, so as to declare unlawful the possession by a jail inmate of certain controlled substances, dangerous drugs, marijuana, alcoholic beverages, guns, pistols, or weapons; to provide definitions; to provide penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Anno tated, relating to general provisions affecting jails, is amended by adding at the end thereof a new Code section, to be designated Code Section 42-4-13, to read as follows:
"42-4-13. (a) As used in this Code section, the term: (1) 'Alcoholic beverage' means and includes all alcohol, distilled spirits, beer, malt
beverage, wine, or fortified wine. (2) 'Controlled substance' means a drug, substance, or immediate precursor in
Schedules III through V of Code Sections 16-13-27 through 16-13-29. (3) 'Dangerous drug' has the same meaning as defined by Code Section 16-13-71.
(b) (1) Unless otherwise authorized by law, it shall be unlawful for an inmate of a jail to possess any controlled substance, dangerous drug, gun, pistol, or other danger ous weapon or any marijuana in a quantity of one ounce or less.
(2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years.
(3) Notwithstanding the provisions of this subsection, possession of marijuana in a quantity greater than one ounce shall be punished as provided in Chapter 13 of Title 16. (c) (1) Unless otherwise authorized by law, it shall be unlawful for an inmate of a jail to possess any alcoholic beverage.
(2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY, MARCH 12, 1987

2477

Representative Thomas of the 69th moved that the House adopt the report of the Committee of Conference on HB 17.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G
Adams.M
Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister
Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter
Chambless
Y Chance Y Cheeks Y Childers
Childs Y Clark,B
Clark.L

Y Colbert Y Coleman
Y Colwell Y Connell Y Cooper Y Couch
Cox
Y Crawford Y Crosby Y Cummings Y Davis,G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster
Galer YGodbee
Y Goodwin Y Green
Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Y Manner Y Harris Y Hasty YHays
Heard Y Hensley

Herbert
Y Hokomb Y Holmes
Hooks Y Hudson Y Isakson
Y Jackson.J Y Jackson, W Y Jamieson
Johnson,D Y Johnson.R Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford
Lawler Y Lawrence Y Lawson YLee
Linder Long YLord Y Lucas Y Lupton
Y Mangum Y Martin Y McDonald Y McKelvey
McKinney
Milam Milford Y Mobley Moody Y Moore Y Morton

On the motion, the ayes were 147, nays 0. The motion prevailed.

Mostiler Y Moultrie
Y Mueller Y Oliver Y Orrock
Y Padgett Pannell
Y Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Y Pinkston Y Pittman Y Porter Y Powell
Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
YRay Y Reaves
Y Redding Richardson
Y Ricketson Y Robinson.C Y Robinson,P Y Royal Y Selman Y Shepard Y Sherrod
Y Simpson Y Sinkfield

Y Sizemore Y Smith.L
Y Smith,P Y Smith.T Y Smith,W YSmyre YSnow Y Stancil Y Stanley
Steinberg Y Stephens Y Thomas,C
Thomas.M Y Thompson
Thurmond Y Townsend Y Triplett Y Twiggs
Y Waddle Y Waldrep
Walker.C Walker.L Y Wall YWare Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J Y Wilson Y Wood Y Workman Y Yeargin Young
Murphy.Spkr

HB 27. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Chapter 18 of Title 15 of the Official Code of Georgia Anno tated, relating to district attorneys, so as to provide for the appointment of an investigator for each judicial circuit; to amend Code Section 45-18-1 of the Official Code of Georgia Annotated, relating to definitions affecting the state employees' health benefit plan, so as to include district attorneys' investi gators as employees for purposes of the plan.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 27

The Committee of Conference on HB 27 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 27 be adopted.
Respectfully submitted,

2478
FOR THE SENATE: Is/ JS.eNnaattohra, n49DtheaDl istrict
/s/ Ed Hine Senator, 52nd District
/s/ Tommy Olmstead Senator, 26th District

JOURNAL OF THE HOUSE,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Charles A' Thomas, Jr. Representative, 69th District
/s/ Larry Walker Representative, 115th District
/s/ Denmark Groover, Jr. Representative, 99th District

A BILL
To amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, so as to provide for the appointment of an investigator for each judi cial circuit; to provide qualifications and duties; to provide for salaries and supplementa tion; to provide for personnel actions; to provide for budgeting; to provide for expenses; to amend Code Section 45-18-1 of the Official Code of Georgia Annotated, relating to definitions affecting the state employees' health benefit plan, so as to include district attorneys' investigators as employees for purposes of the plan; 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 18 of Title 15 of the Official Code of Georgia Annotated, relat ing to district attorneys, is amended by inserting immediately following Code Section 15-18-14 a new Code section, to be designated Code Section 15-18-14.1, to read as follows:
"15-18-14.1. (a) Subject to the provisions of this Code section, the district attorney in each judicial circuit is authorized to appoint one investigator to assist the district attorney in the performance of his official duties in the preparation of cases for indict ment or trial.
(b) An investigator appointed pursuant to this Code section shall be not less than 21 years of age, meet the qualifications specified by subsection (c) of Code Section 15-18-21, and shall serve at the pleasure of the district attorney.
(c) No person appointed pursuant to this Code section shall exercise any of the powers or authority which are by law vested in the office of sheriff or any other peace officer, including the power of arrest, except as may be authorized by law. An investi gator appointed pursuant to this Code section shall:
(1) Serve as a liaison between the district attorney's office and the sheriffs' and other law enforcement agencies within the judicial circuit;
(2) Assist victims and witnesses of crimes through the complexities of the criminal justice system and ensure that victims of crime are apprised of the rights afforded them under Chapter 14 of Title 17, relating to restitution to victims of crime, and Code Section 24-9-61.1, relating to the presence of crime victims in the courtroom;
(3) Assist the attorneys within the district attorney's office in the preparation of cases for preliminary hearings, presentation to a grand jury, pretrial hearings, and trial;
(4) Assist the sheriffs and other peace officers within the judicial circuit in the application for warrants and the preparation of case reports which are required by law or which are necessary for the prosecution of the case;
(5) Provide such other assistance to the sheriffs and other peace officers as may be authorized by law or which may be mutually agreed on between the district attor ney and the sheriff or head of the law enforcement agency or agencies involved; and
(6) Perform such other duties as are required by the district attorney. (d) Each investigator appointed pursuant to this Code section shall be compensated based on a salary schedule established by the Department of Administrative Services as follows:

THURSDAY, MARCH 12, 1987

2479

(1) The salary range for the investigator appointed pursuant to this Code section shall be not less than $19,500.00 nor more than 70 percent of the compensation of the district attorney from state funds; and
(2) The salary schedule shall be similar to the general pay schedule established by the State Merit System of Personnel Administration and shall provide for a minimum entry step and such additional steps, not to exceed 5 percent between each step, as will approach the maximum allowable salary. In establishing the salary schedule, all amounts shall be rounded off to the nearest whole dollar. The Department of Admin istrative Services shall revise the salary schedules provided for in this subsection and the entry level salary established by paragraph (1) of this subsection to include costof-living increases which may be granted from time to time to members of the classi fied service of the State Merit System of Personnel Administration.
(e) All personnel actions involving personnel appointed pursuant to this Code section shall be in writing by the district attorney in accordance with the provisions of subsec tion (1) of this Code section.
(f) A district attorney investigator shall be appointed initially to the entry grade of
the general pay schedule. (g) All salary advancements shall be based on quality of work and performance. The
salary of personnel appointed pursuant to this Code section may be advanced one step at the first of the calendar month following the anniversary of such person's appoint
ment. No employee's salary shall be advanced beyond the maximum of the salary sched ule.
(h) Any reduction in salary shall be made in accordance with the salary schedule provided for in subsection (d) of this Code section.
(i) The county or counties comprising a judicial circuit may supplement the salary of any district attorney investigator appointed pursuant to this Code section,
(j) (1) Personnel appointed pursuant to this Code section shall be reimbursed for actual expenses incurred in the performance of their official duties in accordance with the rules and regulations established under Code Section 45-7-28.1 and such supple
mental rules as may be adopted pursuant to subsection (k) of this Code section. (2) Subject to the provisions of paragraphs (3) and (4) of this subsection, said
expenses shall be paid by the Prosecuting Attorneys' Council out of such funds as may be appropriated by the General Assembly.
(3) On or before June 1 of each year, the Prosecuting Attorneys' Council of
Georgia shall establish and furnish to each district attorney and the Department of Administrative Services a travel budget for each judicial circuit based on the amount appropriated by the General Assembly for such purpose. In determining the travel
budget, the council shall consider the budget request submitted by the district attor ney of each judicial circuit, the geographic size and the caseload of each circuit, and such other facts as may be relevant. The council is authorized to establish a contin
gency reserve of not more than 3 percent of the total amount appropriated by the General Assembly in order to meet any expenses which could not be reasonably antici pated. The council shall submit to each district attorney, the Department of Adminis
trative Services, and the legislative budget analyst a monthly report showing the budget amount of expenditures made under the travel budget. The council may
periodically review and adjust said budget as may be necessary to carry out the pur poses of this Code section.
(4) The governing authority of the county or counties comprising the judicial cir
cuit are authorized to reimburse such expenses which may be incurred by an investi gator in the performance of his official duties to the extent such expenses are not
reimbursed by the state as provided in this subsection. Said governing authority may provide the investigator with a county vehicle and vehicle expenses, in which event the county shall be entitled to reimbursement for the actual mileage driven by the investi
gator at the same rate as is provided by paragraph (1) of subsection (b) of Code Section 15-18-12, subject to the budget established for the district attorney,
(k) The Prosecuting Attorneys' Council of Georgia shall prepare and submit a pro posed budget for state funds necessary to provide reimbursement of expenses as pro
vided in this Code section to the Department of Administrative Services in accordance

2480

JOURNAL OF THE HOUSE,

with the provisions of Code Section 45-12-78. The budget request shall be based on the previous year's expenditures and budget requests submitted by each district attorney to the council.
(1) The Department of Administrative Services and the Prosecuting Attorneys' Coun cil of Georgia shall jointly adopt and amend policies, rules, and regulations establishing records and procedures concerning personnel actions as may be necessary to carry out the intent of this Code section.
(m) The salaries provided for in this Code section shall be paid from funds appropri ated or available for the operation of the superior courts in the same manner as is pro vided by law for assistant district attorneys.
(n) In the event that the general appropriations Act does not contain appropriations sufficient to fund all of the positions authorized by subsection (a) of this Code section, the Prosecuting Attorneys Council of Georgia shall allocate such positions among the several district attorneys' offices in such a manner as will further the intent of this Code section and provide an investigator to the maximum number of judicial circuits."
Section 2. Code Section 45-18-1 of the Official Code of Georgia Annotated, relating to definitions affecting the state employees' health insurance plan, is amended by striking in its entirety subparagraph (G) of paragraph (2) and inserting in its place a new subparagraph (G) to read as follows:
"(G) Assistant district attorneys of the superior courts of this state who are appointed pursuant to Code Section 15-18-14 and district attorneys' investigators appointed pursuant to Code Section 15-18-14.1;".
Section 3. This Act shall become effective July 1, 1987, except that those portions of Section 1 comprising paragraph (3) of subsection (j) of Code Section 15-18-14.1 and subsection (1) of Code Section 15-18-14.1 shall become effective May 30, 1987, for the pur pose of completing ministerial actions required by such provisions.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Thomas of the 69th moved that the House adopt the report of the Committee of Conference on HB 27.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G
Y Adams.M YAiken YAlford Y Alien Y Athon Y Atkins Y Bailey
Balkcom N Bannister Y Bargeron Y Barnett.B
Y Bamett,M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Boetick
Y Branch Bray
Y Brooks Y Brown YBuck
Y Buford YByrd YCarrell 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 Couch YCox Y Crawford Y Crosby Y Cummings Y Davis,G N Davis.M Y Dixon YDobbs Y Dover
Dunn Edwards Y Felton Y Floyd N Foster Galer Godbee Y Goodwin Y Green

Y Greene YGreer YGresham N Griffin Y Groover Y Hamilton
Y Manner Y Harris
Y Hasty YHays
Heard Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks
Hudson YIsakson Y Jackson.J Y Jackson.W Y Jamieson
Johnson.D Y Johnson.R
Y Kilgore Y Kingston YLane,D Y Lane.R Y Langford
Lawler Y Lawrence

Y Lawson
YLee Y Under YLong
YLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Milam Y Milford Y Mobley
Y Moody Y Moore N Morton
Mostiler Y Moultrie
Mueller Y Oliver
Orrock
Y Padgett Pannell
YParham Y Parrish Y Patten
Peters Y Pettit

Phillips
Pinkston Y Pittman Y Porter Y Powell
Y Prichard Rainey
Y Ramsey.T Y Ramsey.V YRandall
Y Ransom YRay
Reaves Y Redding Y Richardson
Y Ricketson Y Robinson.C Y Robinson,P Y Royal Y Selman
Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore
Y Smith,L Y Smith.P Y Smith.T Y Smith,W Y Smyre

THURSDAY, MARCH 12, 1987

2481

Y Snow Y Stand! Y Stanley Y Steinberg Y Stephens Y Thomas.C

Y Thomas.M Y Thompson Y Thurmond
Townsend Y Triplett Y Twiggs

Y Waddle Y Waldrep
Walker.C Walker.L Y Wall Y Ware

Y Watson Watts
Y White Y Wilder Y Williams,B Y WilliamsJ

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

On the motion, the ayes were 148, nays 5. The motion prevailed.

SB 198. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-3 of the Official Code of Georgia Anno tated, relating to oath and commissions of magistrates, constables, and clerks of magistrate courts, and Article 2 of Chapter 3 of Title 45 of the Official Code of Georgia Annotated, relating to commissions of public officers, so as to provide that commissions of officers of the magistrate courts shall be under the seal of the Governor and shall be issued by the office of the Secre tary of State.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 198

The Committee of Conference on SB 198 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 198 be adopted.

Respectfully submitted,

FOR THE SENATE: /si J. Nathan Deal
Senator, 49th District Is/ Ed Hine
Senator, 52nd District

FOR THE HOUSE OF REPRESENTATIVES: . . n ,, T /s/ Bobby Lawson Representative, 9th District
/s/ Charles A. Thomas, Jr. Representative, 69th District

Is/ A. Quillian Baldwin, Jr. Senator, 29th District

/si DuBose Porter Representative, 119th District

A BILL
To amend Code Section 15-10-3 of the Official Code of Georgia Annotated, relating to oath and commissions of magistrates, constables, and clerks of magistrate courts, and Article 2 of Chapter 3 of Title 45 of the Official Code of Georgia Annotated, relating to commissions of officers, so as to change certain provisions relating to the commissions of chief magistrates, magistrates, constables, and clerks of the magistrate courts; to provide that commissions of certain officers of the magistrate courts shall be under the seal of the Governor and shall be issued by the office of the Secretary of State; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-10-3 of the Official Code of Georgia Annotated, relating to oath and commissions of magistrates, constables, and clerks of magistrate courts, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows:

2482

JOURNAL OF THE HOUSE,

"(b) (1) The clerk of superior court shall make an entry of the oath of each officer on the minutes of the superior court and.
(2) In the case of constables and clerks, the chief judge of the superior court shall issue to the officer taking the oath a certificate which shall serve as the officer's commission.
(3) All magistrates shall be issued a commission under the seal of the office of the Governor as provided in Code Section 45-3-31. In the case of magistrates or an appointed chief magistrate, the appointing authority shall issue to the magistrate or chief magistrate taking the oath a certificate of appointment. A copy of such certif icate shall be forwarded to the office of the Secretary of State."
Section 2. Article 2 of Chapter 3 of Title 45 of the Official Code of Georgia Anno tated, relating to commissions of public officers, is amended by striking Code Section 45-3-31, relating to officers commissioned under executive seal, and inserting in its place a new Code section to read as follows:
"45-3-31. The commissions of all other civil officers except officers of magistrate eewte j except constables and clerks of magistrate courts, of the state or county shall be under the seal of the office of the Governor, signed by the Governor, and counter signed by one of his secretaries. All officers of the militia of the grade of lieutenant or higher shall have commissions under the seal of the office of the Governor."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Porter of the 119th moved that the House adopt the report of the Committee of Conference on SB 198.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Adams,G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M
Beck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks Y Brown YBuck Y Buford YByrd YCarrell Y Carter
Chambless Y Chance Y Cheeks Y Childera Y Childs Y Clark,B Y Clark,L

Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Couch
YCox Crawford
Y Crosby Y Cummings Y Davis.G
Davis.M Y Diion YDobbs Y Dover
Dunn Edwards Felton Y Floyd Y Foster Galer God bee Y Goodwin Y Green
Y Greene YGreer Y Gresham Y Griffin
Groover Y Hamilton Y Manner Y Harris Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb Y Holmes
Hooks Y Hudson Y Isakson Y Jackson.J Y Jackson, W Y Jamieson
Johnson,D Y Johnson,R Y Kilgore Y Kingston Y Lane,D YLane,R YLangford
Lawler Lawrence Y Lawson YLee Y Linder YLong Lord Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey McKinney Milam Y Milford Y Mobley Y Moody Y Moore YMorton

On the motion, the ayes were 146, nays 0. The motion prevailed.

Mostiler Y Moultrie
Mueller
Y Oliver Y Orrock
Padgett Y Pannell
Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay
Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson,C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith,L
Y Smith.P Y Smith,T Y Smith,W Y Smyre YSnow Y Stancil
Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep
Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J Y Wilson YWood
Workman Y Yeargin
Y Young
Murphy.Spkr

THURSDAY, MARCH 12, 1987

2483

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

Mr. Speaker:
The Senate has agreed to the House substitute, as amended by the Senate, to the following Bill of the Senate:

SB 179. By Senators Barnes of the 33rd, Dean of the 31st, McKenzie of the 14th and others:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to revise and make editorial corrections; to specify age limits for enrollment in general and special education; to revise applicability of compulsory attendance; to revise administration of first grade readiness; to provide for maximum class sizes to be established by the State Board of Education.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

HB 387. By Representatives Murphy of the 18th, McDonald of the 12th, Connell of the 87th, Thomas of the 69th, Walker of the 115th and others:
A bill to amend Code Section 28-4-2 of the Official Code of Georgia Anno tated, relating to the general powers and duties of the Legislative Services Committee, so as to change the provisions relating to audits.

The President has appointed on the part of the Senate the following: Senators Kidd of the 25th, Hudgins of the 15th and Walker of the 43rd.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Resolution of the House:

HR 176. By Representatives Byrd of the 153rd, Moody of the 153rd, Smith of the 152nd, Dixon of the 151st and Smith of the 156th:
A resolution creating the Brunswick Judicial Circuit Study Committee.

The President has appointed on the part of the Senate the following: Senators Echols of the 6th, Bryant of the 3rd and Ray of the 19th.

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 77. By Senator Tysinger of the 41st:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Anno tated, relating to driving under the influence of alcohol or drugs, so as to provide that convictions for violations of said Code section shall also mean convictions for violations of parallel federal laws or regulations or convictions for violations of previously existing or existing parallel laws of this or other

2484

JOURNAL OF THE HOUSE,

states or convictions for the violations of ordinances adopting said 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 Y Adams.G Y Adams.M N Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks
Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers Y Childs
Clark.B Y Clark,L

Y Colbert Coleman
Y Colwell Connell
Y Cooper Y Couch YCox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer
God bee Y Goodwin Y Green
Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Manner
Harris Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb
Holmes
Y Hooks Y Hudson YIsakson Y Jackson.J Y Jackson,W
Y Jamieson Johnson,D
Y Johnson.R
Kilgore Y Kingston
Y Lane,D Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord
Lucas Y Lupton
Y Mangum Y Martin
McDonald
Y McKelvey McKinney Milam Milford
Y Mobley
Y Moody Y Moore
Morton

Mostiler Y Moultrie
Mueller
Y Oliver Orrock
Y Padgett Y Pannell
Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
Ray Y Reaves
Redding Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

On the passage of the Bill, the ayes were 143, nays 1. The Bill, having received the requisite constitutional majority, was

Y Sizemore Y Smith.L
Y Smith,? Y Smith.T Y Smith.W YSmyre YSnow Y Stancil Y Stanley
Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Walker.C Y Walker,L YWall
Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J Y 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 report of the Committee of Conference thereon:
HB 185. By Representatives Bray of the 91st, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions relating to the deadline for transmission of certain qualifying fees to the superintendent of the county or the Secretary of State; to change the provisions relating to the filing deadline for certain notices of candidacy.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 185

The Committee of Conference on HB 185 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 185 be adopted.

THURSDAY, MARCH 12, 1987

2485

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
/s/ Gene Walker Senator, 43rd District
/s/ Hudgins Senator, 15th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/9/ Claude A- Bray' JrRepresentative, 91st District
/8/ Bob Holmes Representative, 28th District
/s/ Cathey W. Steinberg Representative, 46th District

A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for procedures for appealing certain decisions of the Secretary of State regarding the qualifications of candidates for federal or state office; to provide for proce dures for appealing certain decisions of an election superintendent regarding the qualifica tions of candidates for county office; to change certain provisions relating to the creation of joint boards of elections and joint boards of elections and registrations; to provide for certain election functions which may be performed by counties; to change certain provi sions relating to the deadline for transmission of certain qualifying fees to the superintend ent of the county or the Secretary of State; to change the provisions relating to the filing deadline for certain notices of candidacy; to provide that in certain primaries and elec tions, an elector's current address shall be entered on a voter's certificate; to provide that the Secretary of State shall certify to the election superintendent of certain counties the names of all persons who have filed notices of intention to be write-in candidates with the Secretary of State; to provide that if the death or disqualification of a candidate after nomination for any public office, except an office filled by a nonpartisan primary, would at the time of such event result in there being no candidate for that office on the ballot in the general election, then the vacancy shall be filled by a special primary which shall be open only to the party of such deceased or disqualified candidate and the office shall be filled by a special election as provided in Code Section 21-2-540; to change the provi sions relating to the closing of qualifying for certain primaries; to change the provisions relating to the deadline for filing certain notices of candidacy; to change certain provisions relating to the selection of candidates for the office of President of the United States to appear on ballots; to change certain provisions relating to procedures for withdrawal of certain candidates; to provide that in the event that the final day to register to vote in a special primary or election occurs on a Saturday, Sunday, or legal holiday, the final day to register to vote will be the next following business day; to provide that certain ballots may be bound together in books of 25, 50, or 100; to provide that absentee ballots may be requested not more than 180 days prior to the date of a primary or election; to provide that special write-in absentee ballots may be requested not earlier than 180 days prior to an election; to provide that votes cast in certain primaries for candidates who have died, withdrawn, or been disqualified and votes cast in certain elections for candidates who have died or have been disqualified shall be void and shall not be counted; to provide for an alternative method of voting for certain handicapped electors who are unable to vote on a voting machine; to provide for ballots and accommodations; to provide that in certain cases where the court declares a primary or election to be invalid with regard to certain nominations, offices, or eligibility, the court shall call for the primary or election to be con ducted again among the same candidates who participated in the original primary or elec tion to fill such nomination or office; to provide for procedures for appealing certain decisions of a municipal superintendent regarding the qualifications of candidates for municipal office; to change certain provisions relating to municipal authorization of coun ties to conduct certain municipal elections; to provide for certain election functions which may be performed by counties; to provide that in the event the final day to register to vote in a municipal special primary or election occurs on a Saturday, Sunday, or legal holi day, the final day for registration will be the next following business day; to provide that

2486

JOURNAL OF THE HOUSE,

certain municipal ballots may be bound together in books of 25, 50, or 100; to provide that in municipal primaries and elections, an elector's current address shall be entered on a voter's certificate; to provide that votes cast in certain municipal primaries for candidates who have died, withdrawn, or been disqualified and votes cast in certain municipal elec tions for candidates who have died or have been disqualified shall be void and shall not be counted; to provide for an alternative method of voting for certain handicapped munici pal electors who are unable to vote on a voting machine; to provide for ballots and accom modations; 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 subsection (d) of Code Section 21-2-5, relating to qualifications of candidates for federal or state office, and inserting in its place a new subsection (d) to read as follows:
"(d) The candidate er th elector filing the challenge or the candidate challenged shall have the right to appeal the decision of the Secretary of State by filing a petition in trie superior court fiflvin^f juFisetictWMI tR ftCCOFQflricc with Article TO of this cnspter. Superior Court of Fulton County within ten days after the entry of the final decision by the Secretary of State. The filing of the petition shall not itself stay the decision of the Secretary of State; however, the reviewing court may order a stay upon appropriate terms for good cause shown. As soon as possible after service of the petition, the Secre tary of State shall transmit the original or a certified copy of the entire record of the proceedings under review to the reviewing court. The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the Secretary of State as to the weight of the evidence on ques tions of fact. The court may affirm the decision or remand the case for further proceed ings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions of the Secretary of State are:
(1) In violation of the Constitution or laws of this state; (2) In excess of the statutory authority of the Secretary of State; (3) Made upon unlawful procedures; (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 an abuse of discretion or a clearly unwarranted exercise of discretion. An aggrieved party may obtain a review of any final judgment of the superior court by the Court of Appeals or the Supreme Court, as provided by law."
Section 2. Said title is further amended by striking subsection (d) of Code Section 21-2-6, relating to qualifications of candidates for county office, and inserting in its place a new subsection (d) to read as follows:
"(d) The candidate or the elector filing the challenge or the candidate challenged shall have the right to appeal the decision of the superintendent by filing a petition in the superior court having jurisdiction accordance with Article 13 of this chapter, of the county in which the candidate resides within ten days after the entry of the final decision by the superintendent. The filing of the petition shall not itself stay the deci sion of the superintendent; however, the reviewing court may order a stay upon appro priate terms for good cause shown. As soon as possible after service of the petition, the superintendent shall transmit the original or a certified copy of the entire record of the proceedings under review to the reviewing court. The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the superintendent as to the weight of the evidence on questions of fact. The court may affirm the decision or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions of the superintendent are:

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(1) In violation of the Constitution or laws of this state; (2) In excess of the statutory authority of the superintendent; (3) Made upon unlawful procedures; (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 an abuse of discretion or a clearly unwarranted exercise of discretion. An aggrieved party may obtain a review of any final judgment of the superior court by the Court of Appeals or the Supreme Court, as provided by law."
Section 3. Said title is further amended by striking Code Section 21-2-45, relating to creation of joint boards of elections and boards of elections and registrations, which reads as follows:
"21-2-45. (a) The General Assembly may by local Act create a joint countymunicipal board of elections in any county of this state for that county and any munici pality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections.
(b) The General Assembly may by local Act create a joint county-municipal board of elections and registration in any county of this state for that county and any munici pality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections and empower the board with the powers and duties of the registrars and board of registrars of that municipality and county with regard to the registration of voters and absentee-balloting procedures.", and inserting in its place a new Code Section 21-2-45 to read as follows:
"21-2-45. The governing authority of any municipality may authorize any county within which that municipality wholly or partially lies to conduct any or all elections held pursuant to this chapter. In the event a municipality shall by ordinance authorize such county to conduct elections, such municipality may request such county to perform any or all of the functions:
(1) That the county shall perform all duties as superintendent of elections as specified under Chapter 3 of this title;
(2) That the county shall perform all duties as superintendent of elections as specified under Chapter 3 of this title, with the exception of the qualification of candi dates; or
(3) That the county shall lease or loan any or all of its election equipment to the municipality for the purpose of conducting municipal elections without any responsi bility on the part of the county for the actual conduct of the municipal election. With reference to any election, such municipality shall pay such county all costs incur red in performing those functions which the municipality has requested the county to perform; and, unless otherwise authorized, such county shall only perform those func tions specifically enumerated in the contract. Such county shall have authority to con duct elections in any and all counties in which any part of such municipality may lie."
Section 4. Said title is further amended by striking paragraphs (1) and (2) of sub section (c) of Code Section 21-2-131, relating to qualifying fees, and inserting in their place new paragraphs (1) and (2), respectively, to read as follows:
"(1) Fees paid to the county political party: 50 percent to be retained by the county political party with which the candidate qualified; 50 percent to be transmitted to the superintendent of the county with the party's certified list of candidates not later than 12:00 Noon of the thifd Wednesday in June fifth day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of the primary and election;

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(2) Fees paid to the state political party: 50 percent to be retained by the state polit ical party; 50 percent to be transmitted to the Secretary of State with the party's certi fied list of candidates not later than 12:00 Noon of the third Wednesday m Jne fifth day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: onethird to the state treasury and two-thirds to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the cost of holding the primary and election. If the office sought by the candidate is filled by the vote of electors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presi dential election;"
Section 5. Said title is further amended by striking subsection (c) of Code Section 21-2-132, relating to filing notices of candidacy, and inserting in its place a new subsection (c) to read as follows:
"(c) All other candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this Code section in order to be eligible to have their names placed on the election ballot by the Secretary of State or election super intendent, as the case may be, in the following manner:
(1) Each candidate for federal or state office, or his agent, desiring to have his name placed on the election ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Wednesday in May and no later than 12:00 Noon on the fourteenth day second Friday following the fourth Wednesday in May in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior, to the election in the case of a special elec tion;
(2) Each candidate for a county office, or his agent, desiring to have his name placed on the election ballot shall file notice of his candidacy in the office of the superintendent of his county no earlier than 9:00 A.M. on the fourth Wednesday in May and no later than 12:00 Noon on the fourteenth day second Friday following the fourth Wednesday in May in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election."
Section 6. Said title is further amended by striking Code Section 21-2-133, relating to the giving of notice of intent of candidacy by write-in candidates, and inserting in its place a new Code Section 21-2-133 to read as follows:
"21-2-133. (a) No person elected on a 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 elec tion by the person to be a write-in candidate or by some other person or group of per sons qualified to vote in the subject election, as follows:
(1) In a state general or special election, to the Secretary of State and by publi cation in a paper of general circulation in the State state; or
(2) In a general or special election of county officers, to the superintendent of elec tions in the county in which he is to be a candidate and by publication in the official organ of the same county. (b) The Secretary of State shall certify to the election superintendent of each county affected at least ten days prior to the general or special election the names of all persons who have filed notices of intention to be write-in candidates with the Secretary of State."
Section 7. Said title is further amended by striking subsection (d) of Code Section 21-2-134, relating to the filling of vacancies in party nominations caused by the death or disqualification of candidates, and inserting in its place a new subsection (d) to read as follows:
"(d) If the death or disqualification of a candidate after nomination for any public office, except an office filled by a nonpartisan primary, would at the time of such event

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result in there being no candidate for that office on the ballot in the general election, then the office vacancy shall be filled by a special primary which shall be open only to the party of such deceased or disqualified candidate and the office shall be filled by a special election as provided in Code Section 21-2-540."
Section 8. Said title is further amended by striking subsection (c) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a primary, and inserting in its place a new subsection (c) to read as follows:
"(c) In the case of a general primary, the candidates shall commence qualifying at 9:00 A.M. on the fourth Wednesday in May and shall cease qualifying at 12:00 Noon on the fourteenth day second Friday following the fourth Wednesday in May. In the case of a special primary, the candidate shall qualify at least 15 days prior to the date of such primary."
Section 9. Said title is further amended by striking Code Section 21-2-187, relating to the holding of political body conventions, and inserting in its place a new Code Section 21-2-187 to read as follows:
"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 second Friday following the fourth Wednesday 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 10. Said title is further amended by striking Code Section 21-2-193, relat ing to selection of candidates for office of the President of the United States to appear on ballots, and inserting in its place a new Code Section 21-2-193 to read as follows:
"21-2-193. (a) The name of any candidate for a political party or body nomination for the office of President of the United States shall be printed upon the ballot used in such primary upon the direction of a presidential candidate selection committee com posed of a nonvoting chairman who shall be the Secretary of State, and the Speaker of the House of Representatives, the majority leader of the Senate, the minority leaders of both the House and Senate, and the chairmen of the political parties and bodies who conduct a presidential preference primary pursuant to Code Section 21-2-191. The Secretary of State, during the second first week in January December of the year pre ceding the year in which a presidential preference primary is held, shall prepare and publish a list of names of potential presidential candidates who are generally advocated or recognized in news media throughout the United States as aspirants for that office and who are members of a political party or body which will conduct a presidential preference primary in this state; provided, however, that the Secretary of State shall not include on such list the name of any potential presidential candidate who, if elected to the office of President of the United States, would be ineligible under the Constitution and laws of the United States to serve in such elected office. The Secretary of State shall submit such list of names of potential presidential candidates to the selection committee during the thifd second week in January December of the year preceding the year in which a presidential preference primary is held. The selection committee shall meet in Atlanta during the fearth third week in January December of the year pre ceding the year in which a presidential preference primary is held, on a date publicly announced by the chairman. Each person designated by the Secretary of State as a presidential candidate shall appear upon the ballot of the appropriate political party or body unless all committee members of the same political party or body as the candidate agree to delete such candidate's name from the ballot. The selection committee shall publicly announce and submit the names of presidential candidates who shall appear on the presidential primary ballot to the Secretary of State no later than February t the end of the fourth week of December of the year preceding the year a presidential prefer ence primary is held. Not later than February 6 January .1 of each year in which a presi dential preference Plkspfy is held, the Secretary of State shall notify each potential

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presidential candidate designated by the committee for inclusion on the primary ballot. Such notification shall be in writing by registered or certified mail with return receipt requested.
(b) Any presidential candidate whose name is not selected by the Secretary of State or whose name is deleted by the selection committee may request, in writing, to the chairman of the selection committee, prior to February M January 6 of each year in which a presidential preference primary is held, that his name be placed on the ballot. Not earlier than February M January 6, nor later than February W January 10, the Secretary of State shall convene the committee to consider such requests; provided, how ever, that the committee shall not consider any request to place the name of any poten tial presidential candidate on the ballot if such potential presidential candidate, if elected to the office of President of the United States, would be ineligible. If any member of the selection committee of the same political party or body as the candidate requests that such candidate's name be placed on the ballot, the committee shall direct the Secretary of State to place the candidate's name on the ballot. Within five days after such meeting, the Secretary of State shall notify the potential presidential candi date whether or not his name will appear on the ballot."
Section 11. Said title is further amended by striking Code Section 21-2-194, relat ing to procedures for withdrawal of certain candidates, and inserting in its place a new Code Section 21-2-194 to read as follows:
"21-2-194. A candidate's name shall be printed on the appropriate primary ballot unless he submits to the Secretary of State by 12:00 Noon, February 39 January 15, in each year in which a presidential preference primary is held, an affidavit stating without qualification that he is not now and does not presently intend to become a candidate for the office of President of the United States at the upcoming nominating convention of his political party or body. If a candidate withdraws pursuant to this Code section, the Secretary of State shall notify the state executive committee of the political party or body of such candidate that the candidate's name will not be placed on the ballot."
Section 12. Said title is further amended by striking Code Section 21-2-228, relat ing 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 Saturday, Sundayz 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 elections, except when a special primary or spe cial election is held at the same time as the general primary, the registration deadline for the special primary or special election shall be the same as the general primary, and when a special primary or special election is held at the same time as the general elec tion, the registration deadline for the special primary or 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 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

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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 13. Said title is further amended by striking subsection (b) of Code Section 21-2-286, relating to printing, numbering, and binding of ballots, and inserting in its place a new subsection (b) to read as follows:
"(b) Ballots shall be at least six inches long and four inches wide and shall have a margin extending beyond any printing thereon. They shall be printed with the same kind of type, which shall not be smaller than the size known as 'brevier' or 'eight point body,' upon white paper of uniform quality, without any impression or mark to distin guish one from another, and with sufficient thickness to prevent the printed matter from showing through, except that ballots being used in primaries held by more than one party may be of different colors if the parties so agree. Each ballot shall be attached to a name stub, and all the ballots for the same precinct shall be bound together in books of 25, 50j or 100, in such manner that each ballot may be detached from its stub and removed separately. The ballots for each party to be used at a primary shall be bound separately. The name stubs of the ballots shall be consecutively numbered; and, in the case of primary ballots, the number shall be preceded by an initial or abbreviation designating the party name. The number and initial or abbreviation which appears upon the stub shall also be printed in the upper portion of the front of the ballot, separated from the remainder of the ballot by a horizontal perforated line so as to constitute a number strip and so prepared that the upper portion of the front of the ballot contain ing the number may be detached from the ballot before it is deposited in the ballot box. The number strip on the ballot shall also have the following words printed thereon: 'Tear off before depositing ballot in ballot box.'"
Section 14. Said title is further amended by striking subsection (a) of Code Section 21-2-381, relating to applications for absentee ballots, and inserting in its place a new sub section (a) to read as follows:
"(a) (1) Not more than 126 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail or in person in the registrar's office, an application to the board of registrars of the county of the elector's residence, for an official ballot of the elector's precinct to be voted at such primary, election, or runoff. In the case of an elector residing temporarily out of the county or a physically disabled elector residing within the county, the application for the elector's absentee ballot may, upon satisfac tory proof of relationship, 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 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. Except in the case of physically dis abled 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

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the application are true. If the elector is unable to fill out or sign his own application because of illiteracy or physical disability, the elector shall make his mark, and the person filling in the rest of the application shall sign his name below it as a witness; provided, however, that one timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the sending or delivery to an eligible absentee elector who lives outside the county in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member or overseas citizen an absentee ballot for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates. Further, such application for an absentee ballot to be used in any election shall be sufficient to require the sending and delivery of an absentee ballot for any runoffs resulting from such election. In any event, a separate and distinct application for an absentee ballot shall be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary.
(2) A properly executed registration card submitted under the provisions of subparagraph (b)(2)(A) of Code Section 21-2-217, if submitted within 120 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an absentee ballot under this Code section, or for a special absentee ballot under Code Section 21-2-381.1, as appropriate."
Section 15. Said title is further amended by striking subsection (a) of Code Section 21-2-381.1, relating to procedures for voting with special write-in absentee ballots, and inserting in its place a new subsection (a) to read as follows:
"(a) Notwithstanding any other provisions of this chapter, a qualified absentee elec tor, as defined in Code Section 21-2-380, may apply not earlier than 120 180 days before an election for a special write-in absentee ballot. This ballot shall be for presidential electors and United States senator or representative in Congress."
Section 16. Said title is further amended by striking subsection (a) of Code Section 21-2-402, relating to preparation of voter's certificates by the Secretary of State, and inserting in its place a new subsection (a) to read as follows:
"(a) At each primary and election, the Secretary of State shall prepare and furnish to each county a suitable number of voter's certificates which shall be in substantially the following form:
VOTER'S CERTIFICATE
I hereby certify that I am qualified to vote at the (Primary or Election) held on , 19 , and that I have not and will not vote elsewhere in this
(Primary or Election) in my own name or in any other name. I understand that making a false statement on this Certificate is a felony under Code Section 21-2-562.
Signature Signature ________________________
Current Address of Elector: __________________________________
Name or initials of poll officer receiving voter's certificate: _______________ In case of physical disability or illiteracy, fill out the following:
I hereby certify that the voter is unable to sign his or her name by reason of the
following: _____________________________________________

Signature of poll officer Number of stub of ballot or number of admission to voting machine:
Section 17. Said title is further amended by striking subsection (a) of Code Section 21-2-438, relating to certain marks or mutilations which render ballots void, and inserting in its place a new subsection (a) to read as follows:

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"(a) Any ballot marked so as to identify the voter shall be void and not counted, except a ballot cast by a challenged elector whose name appears on the electors list; such challenged vote shall be counted as prima facie valid but may be voided in the event of an election contest. Any ballot marked by anything but pen or pencil shall be void and not counted. Any erasure, mutilation, or defect in the vote for any candidate shall render void the vote for such candidate; but shall not invalidate the votes cast on the remainder of the ballot, if otherwise properly marked. If an elector shall mark his ballot for more persons for any nomination or office than there are candidates to be voted for such nomination or office, or if, for any reason, it may be impossible to determine his choice for any nomination or office, his ballot shall not be counted for such nomination or office; but the ballot shall be counted for all nominations or offices for which it is properly marked. Ballots not marked; or improperly or defectively marked; so that the whole ballot is void, shall be set aside and shall be preserved with the other ballots. In primaries, votes cast for candidates who have died, withdrawn, or been disqualified shall be void and shall not be counted. In elections, votes for candidates who have died or been disqualified shall be void and shall not be counted."
Section 18. Said title is further amended by adding a new subsection at the end of Code Section 21-2-452, relating to voting procedures generally, to be designated subsec tion (h), to read as follows:
"(h) The superintendent shall make paper ballots available for handicapped electors who, due to their handicap, are unable to vote on a voting machine. Absentee ballots may be used for this purpose. The superintendent shall provide sufficient accommoda tions to permit such handicapped elector to vote in private."
Section 19. Said title is further amended by striking subsection (d) of Code Section 21-2-527, relating to pronouncement of judgment in election contests, and inserting in its place a new subsection (d) to read as follows:
"(d) Whenever the court trying a contest shall determine that the primary or elec tion is so defective as to the nomination, office, or eligibility in contest as to place in doubt the result of the entire primary or election for such nomination, office, or eligi bility, such court shall declare the primary or election to be invalid with regard to such nomination, office, or eligibility and shall call for a second primary or election to be con ducted among the same candidates who participated in the original primary or election to fill such nomination or office."
Section 20. Said title is further amended by striking subsection (d) of Code Section 21-3-3, relating to qualifications of candidates for municipal office, and inserting in its place a new subsection (d) to read as follows:
"(d) The candidate et the elector filing the challenge or the candidate challenged shall have the right to appeal the decision of the superintendent by filing a petition in the superior court having jurisdiction accordance with Article W of this chapter, ickrtg te contested primaries and elections, of the county in which the candidate resides within ten days after the entry of the final decision by the superintendent. The filing of the petition shall not itself stay the decision of the superintendent; however, the reviewing court may order a stay upon appropriate terms for good cause shown. As soon as possible after service of the petition, the superintendent shall transmit the original or a certified copy of the entire record of the proceedings under review to the reviewing court. The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the superintendent as to the weight of the evidence on questions of fact. The court may affirm the decision or remand the case for further proceedings. The court may reverse or modify the deci sion if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions of the superintendent are:
(1) In violation of the Constitution or laws of this state; (2) In excess of the statutory authority of the superintendent; (3) Made upon unlawful procedures: (4) Affected by other error of law;

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(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(6) Arbitrary or capricious or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. An aggrieved party may obtain a review of any final judgment of the superior court by the Court of Appeals or the Supreme Court, as provided by law."
Section 21. Said title is further amended by striking subsection (a) of Code Section 21-3-10, relating to authorization of certain counties to conduct certain municipal elections, and inserting in its place a new subsection (a) to read as follows:
"(a) The governing authority of any municipality may authorize any county within which that municipality wholly or partially lies to conduct any or all elections held pur suant to this chapter. In the event a municipality shall by ordinance authorize such county to conduct elections, such municipality may request such county to perform any or fill oi trie lunctions imposed oy wiis cnflpter upon trie overnin^j sutnonty of SUCR mumcipfllity, witn Fiefence to ftny election*, oiicn county) cut!* consultfrtion witn tne county election superintendent, sfeatt contract with svtek municipality te provide att tnosG iunctions imposed ioy tnis cnflptcp, wnicn t unctions sucn municipftiity rids
shall pay such county att coats incurred in performing those functions which the municip&iity n&s reQuested me county to pcriormj &nd, unless otlieFwisc ftutnonzeQ, SUCH county shall only perform those functions specifically enumerated i th contract. Such county sn&ii nove &trtOOF11y to conduct elections tft &ny ctnd ftH counties ~m wnicn Qny part ef such municipality may lie?:
(1) That the county shall perform all duties as superintendent of elections as specified under this chapter;
(2) That the county shall perform all duties as superintendent of elections as specified under this chapter, with the exception of the qualification of candidates; or
(3) That the county shall lease or loan any or all of its election equipment to the municipality for the purpose of conducting municipal elections without any responsi bility on the part of the county for the actual conduct of the municipal election. With reference to any election, such municipality shall pay such county all costs incur red in performing those functions which the municipality has requested the county to perform; and, unless otherwise authorized, such county shall only perform those func tions specifically enumerated in the contract. Such county shall have authority to con duct elections in any and all counties in which any part of such municipality may lie."
Section 22. Said title is further amended by striking Code Section 21-3-126, relat ing to deadlines for receiving certain municipal 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 election or if such date is a Saturday, Sunday, or a legal holiday, then on the next following business day, except when a special primary or special election is held at the same time as the general primary, the registration deadline for the special primary or special election shall be the same as the general primary, and when a special primary or special elec tion is held at the same time as the general election, the registration deadline for the special primary or 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

THURSDAY, MARCH 12, 1987

2495

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;
(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 or if such date is a Satur day, Sundayj or a legal holiday, then on the next following business day) day, after the call of such special primary or election, the registrars shall cease taking applica tions from persons desiring to register to vote therein, except when a special primary is held at the same time as the general primary, the registration deadline for the spe cial 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; 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 23. Said title is further amended by striking subsection (a) of Code Section 21-3-188, relating to printing, numbering, and binding of municipal ballots, and inserting in its place a new subsection (a) to read as follows:
"(a) Ballots shall be at least six inches long and four inches wide and shall have a margin extending beyond any printing thereon. They shall be printed with the same kind of type, which shall not be smaller than the size known as 'brevier' or 'eight point body,' upon white paper of uniform quality, without any impression or mark to distin guish one from another, and with sufficient thickness to prevent the printed matter from showing through, except that ballots being used in primaries held by more than one party may be of different colors if the parties so agree. Each ballot shall be attached to a name stub, and all the ballots for the same precinct shall be bound together in books of 25, 50j or 100, in such manner that each ballot may be detached from its stub and removed separately. The ballots for each party to be used at a primary shall be bound separately. The name stubs of the ballots shall be consecutively numbered; and, in the case of primary ballots, the number shall be preceded by an initial or abbreviation designating the party name. The number and initial or abbreviation which appears upon the stub shall also be printed in the upper portion of the front of the ballot, separated from the remainder of the ballot by a horizontal, perforated line so as to constitute a number strip, and so prepared that the upper portion of the front of the ballot contain ing the number may be detached from the ballot before it is deposited in the ballot box. The number strip on the ballot shall also have the following words printed thereon: 'Tear off before depositing ballot in ballot box.'"
Section 24. Said title is further amended by striking subsection (a) of Code Section 21-3-311, relating to preparation of voter's certificates by municipal superintendents, and inserting in its place a new subsection (a) to read as follows:

2496

JOURNAL OF THE HOUSE,

"(a) At each primary and election, each superintendent shall prepare a suitable number of voter's certificates, which shall be in substantially the following form:
VOTER'S CERTIFICATE I hereby certify that I am qualified to vote at the (primary or election) held on
19__, and that I have not and will not vote elsewhere in this (primary or election).
Signature Current address of elector: ______________
Name or initials of poll officer receiving voter's certificate: _______________ In case of physical disability or illiteracy, fill out the following:
I hereby certify that the voter is unable to sign his or her name by reason of the following: _____________________________________________

Dignatupc of poll oiiiccr
Signature of poll officer Number of stub of ballot or number of admission to voting machine^

Section 25. Said title is further amended by striking subsection (b) of Code Section 21-3-346, relating to procedures for counting and returning votes, and inserting in its place a new subsection (b) to read as follows:
"(b) Any ballot marked so as to identify the voter shall be void and not counted, except a ballot cast by a challenged elector whose name appears on the electors list; such challenged vote shall be counted as prima facie valid but may be voided in the event of an election contest. Any ballot marked by anything but pen or pencil shall be void and not counted. Any erasure, mutilation, or defect in the vote for any candidate shall render void the vote for such candidate but shall not invalidate the votes cast on the remainder of the ballot, if otherwise properly marked. If an elector shall mark his ballot for more persons for any nomination or office than there are candidates to be voted for such nomination or office^ or ifj for any reason^ it may be impossible to determine his choice for any nomination or office, his ballot shall not be counted for such nomination or office; but the ballot shall be counted for all nominations or offices for which it is properly marked. Unmarked ballots; or ballots improperly or defectively marked so that the whole ballot is void shall be set aside and shall be preserved with other ballots. In primaries, votes cast for candidates who have died, withdrawn, or been disqualified shall be void and shall not be counted. In elections, votes for candidates who have died or been disqualified shall be void and shall not be counted."
Section 26. Said title is further amended by adding a new subsection at the end of Code Section 21-3-362, relating to municipal voting procedures generally, to be desig nated subsection (g), to read as follows:
"(g) The superintendent shall make paper ballots available for handicapped electors who, due to their handicap, are unable to vote on a voting machine. Absentee ballots may be used for this purpose. The superintendent shall provide sufficient accommoda tions to permit such handicapped elector to vote in private."
Section 27. All laws and parts of laws in conflict with this Act are repealed.
Representative Bray of the 91st moved that the House reject the report of the Committee of Conference on HB 185.
The motion prevailed.

THURSDAY, MARCH 12, 1987

2497

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

SR 184. By Senators Barnes of the 33rd, McKenzie of the 14th and Ray of the 19th:
A RESOLUTION
Creating the Special Study Committee on the Problems of the Homeless in Georgia; and for other purposes.
WHEREAS, serious and escalating problems of homelessness exist in the City of Atlanta and in many other urban areas of Georgia as evidenced by 1986 requests for state funding for shelters from 13 communities in various parts of the state; and
WHEREAS, in the City of Atlanta alone, there are estimated to be between 3,000 and 6,000 homeless persons on the street; and
WHEREAS, a large percentage of the homeless is suffering from some form of mental disability or mental illness, and a large percentage of them is habitual alcohol or substance abusers and require specialized services; and
WHEREAS, many of the homeless, because of their mental state or their addictions, cannot effectively care for themselves, nor can they effectively rehabilitate themselves to seek gainful employment; and
WHEREAS, no city or county in Georgia has the financial or personnel assets to address effectively the problems of the homeless; and
WHEREAS, the many homeless in Georgia are in dire need of an array of social services and affordable housing which are not available through the church and public day and night shelter programs which now exist in several communities in this state; and
WHEREAS, in Atlanta, which has the most extensive shelter system in the state, it is estimated that only one-third of all homeless persons receive shelter; and
WHEREAS, the increasing magnitude of this problem and the multiple needs of the homeless have overwhelmed the resources of charitable organizations.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Special Study Committee on the Problems of the Homeless in Georgia to be composed of 14 members. The Governor shall appoint four members, one of whom shall be a representative of the Department of Human Resources and three of whom shall be private citizens who have worked in and have knowledge of local shelter or other programs for the homeless; provided, however, that at least one of the three private citizens shall be from the City of Atlanta. The President of the Senate shall appoint five members of the Senate, one of whose senatorial district lies wholly within the City of Atlanta. The Speaker of the House of Representatives shall appoint five members of the House of Representatives, one of whose representative district lies wholly within the City of Atlanta. The Governor shall appoint the chair of the special committee, and the membership of the special committee shall elect a vice-chair.
BE IT FURTHER RESOLVED that the special committee shall undertake a study of the issues set forth in this resolution and any other issues related thereto and recom mend necessary steps needed to be undertaken to address any such issues. The committee shall 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; provided, however, that at least one-third of the meetings conducted shall be held in cities other than Atlanta and which have serious homeless problems. The legislative members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than 20 days. The members appointed by the

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JOURNAL OF THE HOUSE,

Governor shall be reimbursed from funds available to the Governor, and they shall receive the same reimbursement as is authorized for members of the General Assembly for not more than 20 days. The special committee shall make a report of its findings and recom mendations, to include proposed legislation, if any, no later than December 15, 1987, at which time the special 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 Y Adams.G
Adams.M Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck
Y Benefield Benn Birdsong
Y Bishop Y Bostick Y Branch YBray
Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childere Y Childs
Clark.B Clark,L

Y Colbert Coleman
Y Colwell Connell
Y Cooper Y Couch
Cox
Crawford
Crosby Y Cummings Y Davis,G Y Davis,M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton
Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green
Y Greene YGreer Y Gresham Y Griffin Y Groover Y Hamilton Y Manner
Harris Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson
Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Johnson,D Y Johnson,R
Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford
Lawler Lawrence Y Lawson YLee Y binder YLong YLord Lucas Y Lupton Y Mangum Martin Y McDonald Y McKelvey Y McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Mostiler
Y Moultrie Mueller
Y Oliver Orrock
Y Padgett Pannell
Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves
Redding Richardson Y Ricketson Robinson.C Robinson.P
Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith.L
Y Smith.P Smith.T
Y Smith.W YSmyre YSnow Y Stancil Y Stanley Y Steinberg
Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
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
Y Williams.B Y Williams,J
Y Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy,Spkr

On the adoption of the Resolution, the ayes were 143, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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

HR 413. By Representatives Stanley of the 33rd and Dover of the llth:
A resolution commending Teresa Gullatt and inviting her 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 162. By Senators Deal of the 49th, Peevy of the 48th and Barnes of the 33rd:

THURSDAY, MARCH 12, 1987

2499

A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children and youth, so as to provide a comprehensive plan for the development of community-based alter natives so that children who have committed delinquent acts may not have to be committed to a state detention facility; to provide noninstitutional dis position options for juvenile courts; to provide for intent.

The following Committee substitute was read:

A BILL
To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to create the Juvenile Justice Coordinating Council and provide for its membership; to provide for an executive director and other staff; to provide for the duties of the council with respect to carrying out delin quency prevention and community services programs, securing cooperation and coordi nation in the administration of the juvenile justice system, administering federal assistance funds, and other matters; to provide for assignment of the council to the Office of Plan ning- and Budget for administrative purposes; to provide a comprehensive plan for the development of community-based alternatives so that children who have committed delin quent acts may not have to be committed to a state detention facility; to provide noninstitutional disposition options for juvenile courts; to provide for intent; to provide for a formula for state funding for community-based services; to authorize the purchase of care or services from programs meeting state standards; to provide for annual reports on the progress of community-based programs; to provide for county assessment of youth needs; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by adding at the end thereof a new Article 6 to read as follows:
"ARTICLE 6 Part 1
49-5-130. (a) The General Assembly declares its intent to reduce the number of children committed by the courts for delinquent acts to institutions operated by the Division of Youth Services of the Department of Human Resources or other state agencies. The intent of this article is to provide for the effective coordination of the state's juvenile justice system and in particular to provide a comprehensive plan for the development of community-based alternatives so that children who have committed delinquent acts may not have to be committed to a state detention facility. Additionally, it is the intent of this article to provide noninstitutional disposition options in any case before the juvenile court where such disposition is deemed to be in the best interest of the child and the community.
49-5-131. As used in this article, the term: (1) 'Council' means the Juvenile Justice Coordinating Council created pursuant to
Code Section 49-5-132. (2) 'Delinquent act' means an act defined in paragraph (6) of Code Section
15-11-2; provided, however, that such term shall not include a 'designated felony act' as such term is defined in paragraph (2) of subsection (a) of Code Section 15-11-37.
(3) 'Director' means the executive director of the Juvenile Justice Coordinating Council. 49-5-132. (a) There is created the Juvenile Justice Coordinating Council which shall consist of 20 members as follows:
(1) The chairman of the Council of Juvenile Court Judges, the Chief Justice of the Supreme Court of Georgia, the chairman of the Prosecuting Attorneys' Council, and

2500

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the director of the Division of Youth Services shall be members of the council, as full voting members of the council by reason of their office;
(2) One member shall be appointed by the Lieutenant Governor, one member shall be appointed by the Speaker of the House, and two members shall be appointed by the Chief Justice of the Supreme Court of Georgia; and the term of each of these members shall be fixed by the officer making the appointment; and
(3) Twelve members shall be appointed by the Governor for terms of four years, with their initial appointments, however, being four for four-year terms, four for three-year terms, and four for two-year terms. These appointments shall be made so that there are always on the council the following persons: representatives from the law enforcement community, local elected officials, three individuals under the juris diction of the juvenile justice system, and individuals from private business and advo cacy organizations who have an interest in juvenile delinquency, its prevention, and community-based alternatives, selected to provide a balanced perspective. (b) All appointments to the council shall become effective on October 1, 1987. In the event of death, resignation, disqualification, or removal for any reason of any member of the council, the vacancy shall be filled in the same manner as the original appoint ment and the successor shall serve for the unexpired term. (c) Membership on the council does not constitute public office and no member shall be disqualified from holding public office by reason of his membership on the council. (d) Members of the council shall serve without compensation, except that each member who is not a state officer or state employee shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the council is in attendance at a meeting of such council, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. (e) The council shall elect its own officers and make such bylaws for its operation as may be necessary or appropriate. 49-5-133. (a) There shall be an executive director of the Juvenile Justice Coordi nating Council who shall be appointed by and serve at the pleasure of the council. (b) The director may contract with other agencies, public or private, or persons as the director deems necessary for the rendering and affording of such services, facilities, studies, research, and reports to the council as will best assist it to carry out its duties and responsibilities. (c) The director may employ such other professional, technical, and clerical per sonnel as deemed necessary to carry out the purposes of this article. 49-5-134. (a) The council is vested with the following functions and authority:
(1) To carry out the delinquency prevention and community-based service pro grams provided for in Part 2 of this article;
(2) To cooperate with and secure cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this article;
(3) To prepare, publish, and disseminate fundamental juvenile justice information of a descriptive and analytical nature to all components of the juvenile justice system of this state;
(4) To serve as a state-wide clearinghouse for juvenile justice information and research;
(5) In coordination and cooperation with all components of the juvenile justice system of this state, to develop juvenile justice legislative proposals and executive policy proposals reflective of the priorities of the entire juvenile justice system of this state;
(6) To serve in an advisory capacity to the Governor on issues impacting the juve nile justice system of this state;
(7) To coordinate high visibility juvenile justice research projects and studies with a state-wide impact, which studies and projects cross traditional system component lines;

THURSDAY, MARCH 12, 1987

2501

(8) To provide for the interaction, communication, and coordination of all compo nents of the juvenile justice system of the state and to provide assistance in establish ing state-wide goals and standards in the system;
(9) To administer federal assistance funds under the Juvenile Justice and Delin quency Prevention Act; and
(10) To do any and all things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authority granted to it. (b) Notwithstanding any provision in this article to the contrary, the council shall not exercise any power, undertake any duty, or perform any function assigned by law to the Governor, the Attorney General, or any of the prosecuting or investigatory agen cies at the state or local level. 49-5-135. (a) The council shall be assigned to the Office of Planning and Budget for administrative purposes only, as described in Code Section 50-4-3. The council shall operate in conjunction with and in cooperation with the operations of the Criminal Jus tice Coordinating Council. (b) The council shall prepare a budget request in the same manner as any such request would be prepared by a budget unit in accordance with Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' and a separate appropriation shall be provided for the council in the General Appropriations Act. The council is authorized to accept and use gifts, grants, and donations for the purpose of carrying out this article. The council is also authorized to accept and use property, both real and personal, and services, for the purpose of carrying out this article. Any funds, property, or services received as gifts, grants, or donations shall be kept separate and apart from any funds received by the Office of Planning and Budget; and such funds, property, or services so received by gifts, grants, or donations shall be the property and funds of the council and, as such, shall not lapse at the end of each fiscal year but shall remain under the control of and subject to the direction of the council to carry out this article.
Part 2
49-5-150. The policy and intent of the General Assembly in delinquency prevention and community-based services can be summarized as follows:
(1) Such programs should be planned and organized at the community level within the state, and such planning efforts should include appropriate representation from local government, local agencies serving families and children, both public and private, local business leaders, citizens with an interest in youth problems, youth representa tives, and others as may be appropriate in a particular community. The role of the state should be to provide technical assistance, access to funding, program informa tion, and assistance to local leadership in appropriate planning;
(2) When a child is adjudicated to be within the jurisdiction of the juvenile court, such child should be carefully evaluated through the available community-level resources including mental health services, social services, public health and other available medical services, public schools, and others, as appropriate, prior to the juve nile hearing dealing with disposition so that the disposition of the court may be made with an understanding of the needs of the child and after consideration of the resources available to meet those needs;
(3) It is contrary to the policy of the state for a court to separate a child from his or her own family or commit a child to an institution without a careful evaluation of the needs of the child;
(4) The General Assembly finds that state and local government should be respon sive to the need for community-based services which would provide an alternative to commitment to an institution. The General Assembly intends that state government should be responsive to this need through the council by helping public and private local groups to plan, develop, and fund community-based programs, both residential and nonresidential;
(5) It is the intent of the General Assembly that the council develop a funding mechanism that will provide state support for programs that meet the standards developed under the provisions of this part.

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49-5-151. (a) It shall be the duty of the council to arrange for the implementation of this part as follows:
(1) To assist local governments and private service agencies in the development of community-based programs and to provide information on the availability of potential funding sources and to provide whatever assistance may be requested in making appli cation for needed funding;
(2) To approve yearly program evaluations and to make recommendations to the General Assembly concerning continuation funding that might be supported by that evaluation;
(3) To approve program evaluation standards by which all programs developed under the provisions of this part may be objectively evaluated. Such standards as may be developed for the purpose of program evaluation shall be in addition to any current standards as may be applicable under the existing authority of the department. Mini mum operating standards as well as program evaluation standards as may be needed for new program models designed to fulfill the intent of this part may be developed at the discretion of the council;
(4) To develop a formula for funding on a matching basis community-based services as provided for in this part. This formula shall be based upon a county's or counties' relative ability to fund community-based programs for juveniles. Local governments receiving state matching funds for programs under the provisions of this part must maintain the same overall level of effort that existed at the time of the filing of the county assessment of youth needs with the council;
(5) To provide yearly program evaluation of the effectiveness of delinquency pre vention programs and community-based services developed or supported under provi sions of this part;
(6) To develop a program to coordinate the resources of state government within the appropriate departments to provide technical assistance to local areas within the state to assist them in planning delinquency prevention programs and communitybased services for youth, including but not limited to the following:
(A) Study local youth needs; (B) Gather data on children within the jurisdiction of the juvenile court; (C) Evaluate resources for providing services or care to these children; (D) Provide information about various program models which might be appro priate in relation to the needs of youth; (E) Help in planning for evaluation; and (F) Provide such other assistance as may be appropriate; (7) To encourage the development of delinquency prevention programs and community-based services by private groups so that: (A) Such programs can be responsive to local needs; (B) Local leadership and private groups can be responsible for their programs;
(C) Programs which meet state standards can be assisted by state and federal funding; and
(D) Available private funds can be appropriately utilized along with available state and federal funds;
(8) To provide for the development of programs which have a plan for evaluation from the beginning so that successful program models can be replicated as appropri ate; and
(9) To provide for the development of delinquency prevention programs and community-based services under public auspices where there is no local private leader ship.
49-5-152. The council and any other appropriate state or local agency are authorized to purchase care or services from public or private agencies providing delinquency pre vention programs or community-based services, provided the program meets the state standards as authorized by Code Section 49-5-151.
49-5-153. The council shall prepare an annual report on the progress of the community-based programs of this state which shall include the most current insti tutional populations of children being served by the various departments of state

THURSDAY, MARCH 12, 1987

2503

government and which shall include comparative costs of all children-serving agencies. Such report shall be submitted to the Governor, the General Assembly, and the various state departments providing services to children.
49-5-154. The governing authority of each participating county shall conduct or arrange for a study of youth needs in the county, giving particular attention to the need for delinquency prevention programs and community-based services, residential or nonresidential, which would provide an alternative to commitment to a state detention facil ity. The governing authority of the county may delegate the responsibility for the study to any appropriate board or department of county government or it may contract with an appropriate private agency or group for the study. Adjoining counties may cooperate in conducting such study on a regional basis, utilizing appropriate public or private resources. The governing authority of the county may request technical assistance from the council in conducting such study. Each participating county shall develop a study plan for submission to the council by July 1, 1988. Each participating county shall plan for a continuing assessment of youth needs in the county or region with annual reports to the council."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Thomas of the 69th, Walker of the 115th and Groover of the 99th move to amend the substitute to SB 162 by inserting on line 22 of page 1 between "needs;" and "to" the following:
"to provide for construction and interpretation of certain provisions;".
By striking the quotation marks at the end of line 25 of page 11 and by inserting between line 25 and line 26 of page 11 the following:
"49-5-155. (a) This article shall in no way preempt, duplicate, or supersede services, duties, or other functions performed pursuant to law or regulations by the Division of Youth Services of the Department of Human Resources.
(b) Other than the Division of Youth Services of the Department of Human Resources, the Juvenile Justice Coordinating Council created pursuant to Code Section 49-5-132 shall be the only other authorized controlling recipient entity for grants under the United States Department of Justice Juvenile Justice Delinquency and Prevention Grants.'"

The Committee substitute, as amended, was adopted.

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

Aaron YAdams.G YAdams,M
Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett,B

Y Barnett.M Beck
Y Benefield
Y Benn Birdsong
Y Bishop Y Bostick Y Branch
Bray Y Brooks
Brown Y Buck Y Buford

Y Byrd Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers
Childs Clark.B Y Clark,L Y Colbert Y Coleman Colwell

Connell Y Cooper Y Couch
Y Cox Y Crawford
Crosby Y Cummings Y Davis,G Y Davis.M
Diion Dobbs Dover Dunn

Edwards Felton Floyd
Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer
Gresham Y Griffin
Groover

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JOURNAL OF THE HOUSE,

Y Hamilton Manner
Y Harris Y Hasty YHays
Heard Y Hensley
Herbert Y Holcomb Y Holmes Y Hooka Y Hudson Ylsakson Y Jackson.J
Jackson.W Y Jamieson Y Johnson,D Y Johnson.R Y Kilgore Y Kingston YLane,D YLane,R
YLangford

Y Lawler Y Lawrence Y Lawson
YLee Y Under
YLong YLord Y Lucas
Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam
Y Milford Y Mobley Y Moody Y Moore Y Morton
Mostiler Y Moultrie
Y Mueller

Y Oliver Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Peters Y Pettit Y Phillips
Pinkston Pittman Y Porter Y Powell
Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Y Randall Y Ransom
YRay Y Reaves Y Redding

Richardson
Ricketson Robinson,C Y Robinson,? Y Royal Selman
Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore
Smith.L Y Smith.P Y Smith.T Y Smith,W
YSmyre YSnow Y Stancil
Stanley Steinberg Y Stephens Y Thomas.C Y Thomas.M

Y Thompson Y Thurmond
Townsend Y Triplett
Twiggs
Y Waddle Y Waldrep
Walker.C Walker.L Wall Y Ware
Y Watson Watts
Y White Wilder Williams,B
Y WiUiams,J 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 133, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Due to mechanical malfunction, the vote of Representative Dunn of the 73rd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

Mr. Speaker: The Senate has disagreed to the House substitute to the following Bill of the Senate:

SB 315. 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 change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in this chapter.

The Senate insists on its amendments to the following Bills of the House:

HB 541. By Representative Athon of the 57th:
A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide that a bank or storage facility must be licensed, accredited, or approved under the laws of this state; to provide that a hospital shall maintain a written cooperative agreement with at least one bank or storage facility for the purpose of pro curing anatomical gifts.

HB 917. By Representatives Childs of the 53rd, Richardson of the 52nd, Steinberg of the 46th, Williams of the 48th, Williams of the 54th and others:

THURSDAY, MARCH 12, 1987

2505

A bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement.

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 231. By Senators Deal of the 49th, Newbill of the 56th and Dawkins of the 45th:
A bill to amend Code Section 20-2-942 of the Official Code of Georgia Anno tated, relating to procedure for nonrenewal of contract or demotion after acceptance by teacher of school year contract for fourth consecutive school year and procedure for nonrenewal of contract or demotion by another local board of education.

The following Committee substitute was read:

A BILL
To amend Code Section 20-2-942 of the Official Code of Georgia Annotated, relating to procedure for nonrenewal of contract or demotion after acceptance by professional certificated personnel of school year contracts and procedure for nonrenewal of contract or demotion by another local board of education, so as to provide for a 15 workday period for professional certificated personnel to review contracts; to provide that professional certificated personnel employed by a school system which consolidates or merges with another school system shall continue in his or her current employment and shall retain other rights under the new system; to provide for procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-942 of the Official Code of Georgia Annotated, relating to procedure for nonrenewal of contract or demotion after acceptance by professional certificated personnel of school year contracts and procedure for nonrenewal of contract or demotion by another local board of education, is amended by adding two new para graphs (6) and (7) at the end of subsection (b) of said Code section to read as follows:
"(6) Local boards offering contracts prior to April 15 shall make contract offers available to professional certificated personnel for a minimum of a 15 workday review period. Professional certificated personnel accept the contract by signing and returning it any time during the 15 workday review period.
(7) (A) Professional certificated personnel employed by a county or independent local school system that becomes consolidated with or merged into another county or independent local school system as provided in Article 8 of this chapter or otherwise shall retain their employment, except as provided in subparagraph (B) of this para graph, in the newly created, or surviving, school system. Said professional certificated personnel shall retain and carry over all the rights already accrued and earned in the professional certificated personnel's prior school system and as set forth in this para graph.
(B) Any reductions in staff due to loss of students or cancellation of programs in the newly created, or surviving, school system necessitated by the consolidation or merger shall be made first in preference of retaining professional certificated per sonnel on the basis of uniformly applied criteria set forth in local school board policies of the newly created, or surviving, school system."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

2506

JOURNAL OF THE HOUSE,

N Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom N Bannister Y Bargeron Y Barnett,B N Barnett,M
Beck
Y Benefield NBenn
Birdsong N Bishop Y Bostick Y Branch
Bray Brooks N Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Childers Y Childs N Clark.B Y Clark.L

N Colbert Coleman Colwell Connell
Y Cooper N Couch
Cox Y Crawford Y Crosby N Cummings N Davis.G Y Davis.M
Dixon Y Dobbs Y Dover N Dunn N Edwards Y Felton Y Floyd
Foster N Galer YGodbee
N Goodwin Y Green N Greene
Greer Gresham Griffin
Y Groover Y Hamilton N Hanner Y Harris N Hasty NHays
Heard Y Hensley

N Herbert N Holcomb Y Holmes N Hooks Y Hudson N Isakson Y Jackson.J N Jackson, W N Jamieson Y Johnson,D N Johnson,R Y Kilgore Y Kingston
Lane,D Y Lane,R Y Langford Y Lawler
Y Lawrence Lawson
YLee Y Linder YLong YLord N Lucas Y Lupton Y Mangum Y Martin N McDonald N McKelvey
McKinney Y Milam
Milford Y Mobley Y Moody Y Moore Y Morton

Mostiler N Moultrie N Mueller Y Oliver
N Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinks ton N Pittman N Porter N Powell N Prichard
Y Rainey N Ramsey.T Y Ramsey.V
Y Randall Y Ransom YRay Y Reaves Y Redding
Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal N Selman Y Shepard Y Sherrod N Simpson Y Sinkfield

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

On the adoption of the Committee substitute, the ayes were 100, nays 52. The Committee substitute was adopted.

The following substitute, offered by Representative Ramsey of the 3rd, was read and ruled out of order:

A BILL
To amend Code Section 20-2-942 of the Official Code of Georgia Annotated, relating to procedure for nonrenewal of contract or demotion after acceptance by teacher of school year contract for fourth consecutive school year and procedure for nonrenewal of contract or demotion by another local board of education, so as to provide for a ten-day period for teachers to review contracts; to provide that a teacher employed by a school system which consolidates, joins, or merges with or transfers into another school system shall continue in his or her current employment and shall retain all renewal and demotion rights under the new system; to provide for procedures; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-942 of the Official Code of Georgia Annotated, relating to procedure for nonrenewal of contract or demotion after acceptance by teacher of school year contract for fourth consecutive school year and procedure for nonrenewal of contract or demotion by another local board of education, is amended by adding two new para graphs (6) and (7) at the end of subsection (b) of said Code section to read as follows:
"(6) Local boards shall make contract offers available to teachers for a minimum ten-day review period. A teacher accepts the contract by signing and returning it any time during the ten-day period.
(7) (A) A teacher employed by a county or independent local school system that becomes consolidated with, joined, merged, or transferred into another county or inde pendent local school system as provided in Article 8 of this chapter or otherwise shall

THURSDAY, MARCH 12, 1987

2507

retain their employment, except as provided in subparagraph (B) of this paragraph, in the newly created, or surviving, school system. Said teachers shall retain and carry over all the renewal and demotion rights already accrued and earned in the teacher's prior school system and as set forth in this paragraph.
(B) Any reductions in staff due to loss of students or cancellation of programs in the newly created, or surviving, school system necessitated by the consolidation, join ing, transfer, or merger shall be made first in preference of retaining teachers holding or exceeding fourth consecutive school year contracts, and, thereafter, on the basis of uniformly applied criteria set forth in local school board policies of the newly created, or surviving, school system."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and ruled out of order:

Representative McDonald of the 12th moves to amend the floor substitute to SB 231 as follows:
On page 1, line 9, strike the words "on transfers into". On page 2, line 3, strike the words "or transferred".
On page 2, line 16, strike the word "transfer".

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

Y Aaron Y Adaros.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M
YBeck Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell
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 Couch YCox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M
Dixon YDobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Green
Y Greene Y Greer
Gresham Y Griffin
Y Groover Hamilton
Y Manner Y Harris
Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb Y Holmes
Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane,D YLane.R Y Langford Y Lawler Y Lawrence
Lawson
YLee Y Linder YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin Y McDonald
Y McKelvey McKinney
Y Milan,
Milford
Y Mobley
Y Moody
Y Moore
Morton

Mostiler Y Moultrie
Y Mueller Y Oliver Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey
Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
Ray
Y Reaves Y Redding
Richardson Y Ricketson
Y Robinson.C Y Robinson.P Y Royal Y Selman
Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith.L Y Smith,P Y Smith.T
Y Smith.W YSmyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Townsend Y Triplet! Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall
YWare Y Watson Y Watts Y White Y Wilder
Y Williams,B Y Williams,J
Wilson YWood
Y Workman Y Yeargin Y Young
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 162, nays 0.

2508

JOURNAL OF THE HOUSE,

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

Representative Hamilton of the 124th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 917. By Representatives Childs of the 53rd, Richardson of the 52nd, Steinberg of the 46th, Williams of the 48th, Williams of the 54th and others:
A bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement.

Representative Robinson of the 58th moved that the House insist on its position in disagreeing to the Senate amendment to HB 917 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 Childs of the 53rd, Richardson of the 52nd and Williams of the 48th.

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 28. By Senator Kidd of the 25th:
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 state employee injured in the line of duty shall be entitled to his regular compen sation for the period of time that any such state employee is physically unable to perform the duties of his employment.

The following Committee substitute was read:

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 a state employee injured in the line of duty by an act of violence for which such employee would be eligible for workers' compensation bene fits shall be entitled to his regular compensation for the period of time that such state employee 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 reduction in benefits provided by this Act when the injured state employee is entitled to receive work ers' compensation benefits; to provide certain exceptions; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 12, 1987

2509

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 striking in its entirety Code Section 45-7-9, relating to compensation for certain line-of-duty injuries of law enforcement officers, firemen, employees of the Department of Corrections, and employees of the State Board of Pardons and Paroles, which read as follows:
"45-7-9. (a) As used in this Code section, the term: (1) '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.
(2) '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. (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. (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.", and inserting in lieu 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) 'Agency' means every state department, agency, board, bureau, commission,
and authority. (2) 'State employee' means a full-time employee of an agency.
(b) A state employee injured in the line of duty by an act of violence for which such employee would be eligible for workers' compensation benefits 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

2510

JOURNAL OF THE HOUSE,

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 disabil ity.
(c) 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.
(d) Any employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, employee of the Department of Natural Resources, employee of the Department of Revenue, or law enforcement officer who qualifies for disability allowances pursuant to Code Section 47-2-221 shall not be entitled to any benefits pro vided in 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 Coleman of the 118th moves to amend the Committee substitute to SB 28 by inserting on page 4, line 6, after the word "violence", the following:
"or who is injured while working in the proximity of traffic movements or equipment movements and doing maintenance, construction, or other activities which may be con strued as hazardous".

The Committee substitute, as amended, was adopted.

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

N Aaron Y Adams.G Y Adams.M Y Aiken
Y Alford Y Alien Y Athon N Atkins Y Bailey Y Balkcom N Bannister
Bargeron Y Harriett,B Y Barnett.M YBeck Y Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch
Bray Brooks Y Brown Buck Y Buford YByrd Y Carrell 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
Couch YCox Y Crawford Y Crosby Y Cummings
Davis.G N Davis.M
Dixon Y Dobbs Y Dover Y Dunn Y Edwards N Felton Y Floyd Y Foster
Galer
Y Godbee N Goodwin Y Green
Y Greene Y Greer N Gresham Y Griffin

Groover
Y Hamilton Y Banner Y Harris Y Hasty YHays
Heard
N Hensley Herbert
Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson.J Y Jackson.W Y Jamieson Y Johnson,D
Y Johnson,R Y Kilgore N Kingston Y Lane,D Y Lane,R Y Langford Y Lawler N Lawrence Y Lawson YLee Y Linder
YLong YLord Y Lucas

Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney
Milam Y Milford Y Mobley Y Moody Y Moore N Morion
Mos tiler Y Moultrie Y Mueller
Y Oliver Y Orrock
Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey
Ramsey.T

N Ramsey.V Y Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson,P Y Royal Y Selman N Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith,L Y Smith,? Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil
Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas,M Y Thompson
Thurmond Y Townsend

THURSDAY, MARCH 12, 1987

2511

Y Triplett Y Twiggs
N Waddle YWaldrep

Y Walker.C Y Walker,L
Y Wall Ware

Y Watson Y Watts
Y White Y Wilder

Williams.B Y Williams,J
Wilson Y Wood

Y Workman Y Yeargin
Y Young Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 142, nays 14.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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

SB 315. 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 change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in this chapter.

Representative Childers of the 15th moved that the House insist on its position in substituting SB 315.
The motion prevailed.

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

HB 741. By Representatives Coleman of the 118th, Hanner of the 131st, Ramsey of the 3rd and Jackson of the 83rd:
A bill to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Jekyll Island--State Park Authority Act", so as to provide that prosecutions for violations of ordi nances of the Jekyll Island--State Park Authority shall be upon citation or upon accusation.

The following Senate substitute was read:

A BILL
To amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Jekyll Island--State Park Authority Act," so as to provide that prosecutions for violations of ordinances of the Jekyll Island--State Park Authority shall be upon citation or upon accusation; to provide that the prosecution, trial, and punishment for violations of such ordinances shall be governed by certain provisions of Article 4 of Chapter 10 of Title 15; to provide that the several courts of Glynn County shall have juris diction to hear, try, and review cases involving violations of such ordinances; 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 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the "Jekyll Island--State Park Authority Act," is amended by strik ing in its entirety Code Section 12-3-236.1, relating to the adoption and enforcement of

2512

JOURNAL OF THE HOUSE,

ordinances and resolutions, and inserting in lieu thereof a new Code Section 12-3-236.1 to read as follows:
"12-3-236.1. (a) The authority shall have legislative power to adopt reasonable ordi nances and resolutions relating to the property, affairs, and government of Jekyll Island, including, without limitation, ordinances and resolutions adopting by reference any or all of the provisions of Chapter 6 of Title 40 in accordance with Code Section 40-6-372, for which no provision has been made by general law and which are not inconsistent with the general laws and Constitution of Georgia. Such ordinances and resolutions shall be enforced by the authority and members of the Uniform Division of the Department of Public Safety. Members of the Uniform Division of the Department of Public Safety are authorized to serve and execute warrants and to make arrests for violation of such ordi nances and resolutions and shall, upon and within the limits of Jekyll Island, have the same authority, powers, and privileges regarding enforcement of law as the several sher iffs of this state, which authority, powers, and privileges shall be in addition to and not in limitation of all other powers of members of the Uniform Division of the Department of Public Safety as provided by law. Per purposes ef- this Code section, the State Court ef Uyn County shall have jurisdiction tmd authority te hear and try offcnscs occurring
ftllu Wltnin tne limits Of ueKyli i.SlMldt WHICH OilenseS VIOlflte 1116 Ord111QI1CC3 find
s of tfte fluthontyt &nd to punisn tor violations Or sucn ordinflnces ftno resoiuTM tions oy ft tine not to exceed ipovU.uu And costs of oy imprisonment tor ft term not co~ exceed ot? dfty9 of &y &otn sucn tine und imprisonment &ny ~or &n ~of sucn pcntntics ~to oe imposed ftt tfte discretton of Ttte uud^e ot tne otAte oourt ot oiynn oounty. i tie jurisdiction And ftutnor11y ot tne ot&te t/ourt of fciiynn oounty provided tft tnis oode
tie State Court ef Glynn County. Prosecutions for violations of the ordinances of the authority shall be upon citation or upon accusation as provided in Code Sections 15-10-62 and 15-10-63. The authority may provide that ordinance violations may be tried upon citations with or without a prosecuting attorney as well as upon accusations |n the manner prescribed in Code Section 15-10-63.
(b) For purposes of this Code section, the Magistrate Court of Glynn County shall have jurisdiction and authority to hear and try those cases occurring within the limits of Jekyll Island in which a person is charged with violating an ordinance of the author ity and to punish violations of such ordinances, all in the manner and to the extent pre scribed in Article 4 of Chapter 10 of Title 15. The State Court of Glynn County shall have jurisdiction and authority to hear and try all cases removed from the Magistrate Court of Glynn County for jury trial by any defendant charged with one or more viola tions of the ordinances of the authority. The Superior Court of Glynn County shall have jurisdiction to review all convictions by certiorari to the superior court. The jurisdiction and authority of the courts of Glynn County provided for in this Code section shall be in addition to and not in limitation of the jurisdiction and authority of such courts as may be now or hereafter provided."
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 Coleman of the 118th moved that the House agree to the Senate sub stitute to HB 741.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
YAdama.G YAdams.M YAiken YAIford
Y Alien YAthon Y Atkins

Y Bailey
Balkcom Y Bannister Y Bargeron YBarnett,B
Y Barnett.M YBeck Y Benefield

Benn
Y Birdsong Y Bishop Y Bostick Y Branch
Y Bray Y Brooks Y Brown

Buck
Y Buford Y Byrd Y CarreU Y Carter
Chambless Y Chance Y Cheeks

Y Childere
Y Childs Y Clark.B
Clark,L Y Colbert
Coleman Y Colwell
Connell

THURSDAY, MARCH 12, 1987

2513

Y Cooper Y Couch YCox Y Crawford
Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dhton Y Dobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Green Y Greene YGreer Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris

Y Hasty YHays
Heard Y Hensley
Herbert Y Holcomb Y Holmes Y Hooks Y Hudson
Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Johnson,D Y Johnson.R Y Kilgore Y Kingston
Lane.D Y Lane.R Y Langford
Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas

Y Lupton Y Mangum
Martin McDonald Y McKelvey McKinney Milam Milford Y Mobley Y Moody Y Moore Y Morton Mostiler Y Moultrie Y Mueller Y Oliver Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Peters Y Pettit Phillips Pinkston Y Pittman Y Porter

On the motion, the ayes were 150, nays 0. The motion prevailed.

Y Powell Y Prichard
Rainey Ramsey.T Y Ramsey.V YRandall Y Ransom
YRay Y Reaves
Y Redding Richardson
Y Ricketson Y Robinson,C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield
Y Sizemore Y Smith.L Y Smith,P Y Smith.T Y Smith,W YSmyre YSnow
Stancil

Y Stanley Steinberg
Y Stephens Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Townsend
Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
Y White Y Wilder Y Williams.B Y Williams,J
Wilson
Y Wood Y Workman Y Yeargin Y Young
Murphy,Spkr

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

HR 176. By Representatives Byrd of the 153rd, Moody of the 153rd, Smith of the 152nd, Dixon of the 151st and Smith of the 156th:
A resolution creating the Brunswick Judicial Circuit Study Committee.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HR 176

The Committee of Conference on HR 176 recommends that the Senate recede from its position and that HR 176 as adopted by the House of Representatives be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Earl Echols, Jr. Senator, 6th District
/s/ Walter S. Ray Senator, 19th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Roger Byrd Representative, 153rd District
/s/ Lundsford Moody Representative, 153rd District

/s/ Glenn E. Bryant Senator, 3rd District

Is/ Willou Smith Representative, 156th District

Representative Byrd of the 153rd moved that the House adopt the report of the Committee of Conference on HR 176.
On the motion, the roll call was ordered and the vote was as follows:

2514

JOURNAL OF THE HOUSE,

Y Aaron Y Adams.G Y Adams,M Y Aiken
Alford Y Alien Y Athon Y Atkins Y Bailey YBalkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks Y Brown
Buck YBuford YByrd YCarrell 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 Couch YCoi Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis,M Y Dixon YDobbs Y Dover Y Dunn Y Edwards Y Felton
Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Greaham Y Griffin Y Groover
Y Hamilton Y Manner
Y Harris Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb Y Holmes
Hooks Y Hudson
Isakson
Y Jackson,J Jackson, W
Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston YLane,D YLane.R YLangford Y Lawler
Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin
McDonald Y McKelvey
McKinney
Milam Milford Y Mobley Y Moody Y Moore Y Morton

On the motion, the ayes were 158, nays 0. The motion prevailed.

Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson,P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfleld

Y Sizemore
Y Smith.L Y Smith.P Y Smith.T Y Smith,W YSmyre YSnow Y Stancil Y Stanley
Steinberg Y Stephens Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Townsend
Triplett Y Twiggs Y Waddle
Y Waldrep Walker.C
Y Walker,L Y Wall
Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J
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 Resolution of the House was taken up for consideration and read the third time:

HR 412. By Representatives Robinson of the 58th, Watson of the 114th, Hamilton of the 124th, Branch of the 137th, Couch of the 40th and others:
A RESOLUTION
Creating the House Comprehensive Energy Resources Policy Committee; and for other purposes.
WHEREAS, energy in an adequate supply and at a reasonable price continues to be an important element in this state's economic vitality; and
WHEREAS, recently declining costs for some forms of energy ought not to lull this state into inattention to developing both a short-term and a long-term energy resources policy; and
WHEREAS, the rate of increase in the cost of other forms of energy may have leveled off temporarily, thus creating less public interest in such matters; and
WHEREAS, the likely inclusion of at least some of the costs of Plant Vogtle into the rate base of electricity consumers in this state will once again thrust energy issues into the forefront of public concerns; and
WHEREAS, the state needs to formulate both a short-term and a long-term energy resources policy to ensure that Georgians in the immediate and distant future will have sufficient supplies of energy at affordable prices; and

THURSDAY, MARCH 12, 1987

2515

WHEREAS, such policies should include without being limited to a consideration of alternative energy developments, cogeneration, and certificates of need for additional power-generating facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the House Comprehensive Energy Resources Policy Commit tee to be composed of eight members, six of whom shall be members of the Public Services and Utilities Subcommittee of the House Industry Committee, one of whom shall be the chairman of the House Industry Committee, and one of whom shall be a member of the House appointed by the chairman of the House Industry Committee. The chairman and vice-chairman of the Public Services and Utilities Subcommittee of the House Industry Committee shall serve as chairman and vice-chairman, respectively, of the House Compre hensive Energy Resources Policy Committee.
BE IT FURTHER RESOLVED that members of the executive branch of government who deal with energy issues, including but not limited to the consumers' utility counsel, the director of the Office of Energy Resources, and the members of the Public Service Commission, shall cooperate with the committee in its investigations. The committee may conduct such meetings at such places and at such times as it may deem necessary or advis able to enable it to exercise fully and effectively its powers, perform its duties, and accom plish 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 unless additional days are author ized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, such report shall be made on or before December 1, 1987, on which date the committee shall stand abolished.

The following Committee substitute was read and adopted:

A RESOLUTION
Creating the House Comprehensive Energy Resources Policy Committee; and for other purposes.
WHEREAS, energy in an adequate supply and at a reasonable price continues to be an important element in this state's economic vitality; and
WHEREAS, recently declining costs for some forms of energy ought not to lull this state into inattention to developing both a short-term and a long-term energy resources policy; and
WHEREAS, the rate of increase in the cost of other forms of energy may have leveled off temporarily, thus creating less public interest in such matters; and
WHEREAS, the likely inclusion of at least some of the costs of Plant Vogtle into the rate base of electricity consumers in this state will once again thrust energy issues into the forefront of public concerns; and
WHEREAS, the state needs to formulate both a short-term and a long-term energy resources policy to ensure that Georgians in the immediate and distant future will have sufficient supplies of energy at affordable prices; and
WHEREAS, such policies should include without being limited to a consideration of alternative energy developments, cogeneration, and certificates of need for additional power-generating facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the House Comprehensive Energy Resources Policy Commit tee to be composed of eight members, six of whom shall be members of the Public Services

2516

JOURNAL OF THE HOUSE,

and Utilities Subcommittee of the House Industry Committee, one of whom shall be the chairman of the House Industry Committee, and one of whom shall be a member of the House appointed by the chairman of the House Industry Committee. The chairman and vice-chairman of the Public Services and Utilities Subcommittee of the House Industry Committee shall serve as chairman and vice-chairman, respectively, of the House Compre hensive Energy Resources Policy Committee.
BE IT FURTHER RESOLVED that members of the executive branch of government who deal with energy issues, including but not limited to the consumers' utility counsel, the director of the Office of Energy Resources, and the members of the Public Service Commission, shall cooperate with the committee in its investigations. The committee may conduct such meetings at such places and at such times as it may deem necessary or advis able to enable it to exercise fully and effectively its powers, perform its duties, and accom plish 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 of the legislative branch of government. In the event the committee makes a report of its findings and recommenda tions, such report shall be made on or before December 1, 1987, on which date the committee shall stand abolished.

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

Y Aaron Y Adams.G Y Adams.M Y Aiken
Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M
Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell
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
Couch YCox Y Crawford Y Crosby Y Cummings Y Davis,G Y Davis,M
Dixon
Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee
Y Goodwin Y Green
Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson
Isakson Y Jackson.J Y Jackson, W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane,D
Y Lane,R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin
McDonald Y McKelvey
McKinney Milam Y Milford Y Mobley Y Moody Y Moore Y Morion

Mostiler Y Moultrie Y Mueller Y Oliver
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit
Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom Ray Reaves Y Redding Y Richardson
Y Ricketson Y Robinson.C Y Robinson.P
Y Royal Y Selman
Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith,L Y Smith,? Y Smith.T
Smith,W
YSmyre YSnow Y Stancil Y Stanley
Steinberg Y Stephens Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Townsend
Triplett Y 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
Wilson
Y Wood Y Workman Y Yeargin Y Young
Murphy ,Spkr

On the adoption of the Resolution, by substitute, the ayes were 153, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

THURSDAY, MARCH 12, 1987

2517

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 27. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia Anno tated, known as the "Public Officers Recall Act," so as to change the defini tions of certain terms; to provide that applications for recall petitions shall be numbered; to require election superintendents to maintain records of applications for recall petitions; to provide time limitations on when applica tions for recall petitions may be accepted for verification.

Representative Bray of the 91st moved that the House adhere to its position in substi tuting SB 27 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, Holmes of the 28th and Pittman of the 60th.

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

SB 27. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia Anno tated, known as the "Public Officers Recall Act," so as to change the defini tions of certain terms; to provide that applications for recall petitions shall be numbered; to require election superintendents to maintain records of applications for recall petitions; to provide time limitations on when applica tions for recall petitions may be accepted for verification.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 27

The Committee of Conference on SB 27 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 27 be adopted.

Respectfully submitted,

FOR THE SENATE: M Culver Kidd
Senator, 25th District
/s/ Hudgins Senator, 15th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Claude A- Brav' Jr Representative, 91st District
/s/ Bob Holmes Representative, 28th District

/s/ Gene Walker Senator, 43rd District

/s/ Ron Pittman Representative, 60th District

2518

JOURNAL OF THE HOUSE,

A BILL
To amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, known as the "Public Officers Recall Act," so as to change the definitions of certain terms; to provide that no person shall be authorized to circulate, sponsor, or sign an application for a recall petition unless such person is an elector or sponsor as defined in Code Section 21-4-3; to change certain provisions relating to the required contents of such applications; to provide that applications for recall petitions shall be numbered and shall state the reasons advanced by the sponsors for support of the recall; to require election superintend ents to maintain records of applications for recall petitions; to provide time limitations on when applications for recall petitions may be accepted for verification; to provide addi tional authority to the election superintendent to facilitate the verification of applications for recall petitions and recall petitions; to change the provisions relating to the form and required contents of the recall petition; to provide that no recall petition shall be circu lated or signed by any person in any location where alcoholic beverages are sold or served; to clarify certain provisions relating to the nullification of signatures on applications for recall petitions and recall petitions; to change the provisions relating to the determination by the election superintendent of the legal sufficiency of a recall petition; to authorize the judge of the superior court to grant an additional period of time for the election super intendent to verify an application for a recall petition; to change the provisions relating to the period during which a recall petition will be accepted; to provide for the filing of subsequent applications for recall petitions against an officer following the filing of an insufficient recall petition against such officer; to change certain provisions relating to campaign and financial disclosure requirements; to provide for a time as of which the eligi bility will be determined as to certain signatures; 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 4 of Title 21 of the Official Code of Georgia Annotated, known as the "Public Officers Recall Act," is amended by striking Code Section 21-4-3, relating to definitions under the "Public Officers Recall Act," and inserting in its place a new Code Section 21-4-3 to read as follows:
"21-4-3. As used in this chapter, the term: (1) 'Elected county school board members' and 'elected county school superintend
ents' shall be considered county officers. (2) 'Elected education board members' and 'elected school superintendents' of any
independent school system shall be considered municipal officers. (3) 'Election superintendent' means: (A) In the case of aH any elected state officers, the Secretary of State; (B) In the case of H any elected county officers, the county board of elections, if a county has such, or the judge of the probate court, provided that, if such judge of the probate court is the officer sought to be recalled, then the election super intendent shall be the clerk of the superior court; and (C) In the case of aH any elected municipal officers, the municipal clerk or municipal board of elections or municipal election superintendent if the municipal ity has such a board or election officer. (4) 'Elector' means any person who possesses all of the qualifications for voting
now or hereafter prescribed by the laws of this state and who has registered in accord ance with Chapter 2 or 3 of this title.
(5) 'Electoral district' means the area in which the electors reside who are qualified to vote for any of the candidates offering for a particular office.
(6) 'Official sponsors' or 'sponsors' means the electors who circulate or file an application for a recall petition who are were registered and eligible to vote in the feeaH last general or special election for the office held by the officer sought to be recalled and who reside in the electoral district of the officer sought to be recalled."
Section 2. Said chapter is further amended by striking subsections (a), (b), and (f) of Code Section 21-4-5, relating to applications for recall petitions, and inserting in their
place new subsections (a), (b), and (f), respectively, to read as follows:

THURSDAY, MARCH 12, 1987

2519

"(a) No application for a recall petition may be filed during the first 180 days or during the last 180 days of the term of office of any public official subject to recall. No person shall be authorized to circulate, sponsor, or sign such application unless such person is an elector or sponsor as defined in Code Section 21-4-3."
"(b) (1) The application shall include: fl} (A) The name and office of the person sought to be recalled; f2} (B) The printed names and signatures of the official sponsors, the date
signed, residence addresses, and the name of the county of residence; and f3) (C) The designation of one of the sponsors as the petition chairman who
shall represent the sponsors on all matters pertaining to the recall application and petition; -
(D) The specific reason or reasons advanced by the sponsors for support of the recall. Such reason or reasons shall be limited to not more than six lines on the application and shall be typed, printed, or reproduced bj the election superintend ent on the face of each application issued; and
(E) An affidavit that each person circulating, sponsoring, or signing such recall application is an elector of the electoral district of the officer sought to be recalled. (2) Applications shall be issued by the election superintendent who shall assign a number to each application. Such number shall appear on the face of each application. The election superintendent shall keep records of applications issued, including the date of issuance and number assigned. (3) The official application forms shall be printed by the office of the Secretary of State in substantially the form prescribed in this subsection, and distributed to election superintendents." "(f) (1) No application for a recall petition shall be accepted for verification if more than 30 days have elapsed since the application forms were issued to the sponsors. (2) On receipt of the application, the election superintendent shall determine the legal sufficiency of the application and determine if the signers are qualified electors eligible to sign the application. The election superintendent is granted unrestricted authority to examine the registration records maintained by the board of registrar to receive evidence and testimony, and to require the personal appearance of any person signing such application for the purpose of making such determination. If the election superintendent finds that any signer is not a qualified elector eligible to sign the application, such signature shall not be counted in determining whether the appli cation contains a sufficient number of signatures as required by law. The nullification of a signature on an application shall not affect the validity of other signatures con tained in such application. The election superintendent shall certify the legal suffi ciency or insufficiency of the application for a recall petition within five days after receiving the application, excluding Saturdays, Sundays and legal holidays; provided, however, that the judge of the superior court may, upon proper application and good cause shown, grant an additional period of time not to exceed 15 days for the election superintendent to verify the application."
Section 3. Said chapter is further amended by adding a new subsection at the end of Code Section 21-4-6, relating to the form of recall petitions, to be designated subsection (c), to read as follows:
"(c) Each recall petition shall contain a statement specifically designating the name and office of the official sought to be recalled and a statement of not more than six lines on such petition of the reasons for such recall. Such statements shall be the same state ments as provided for on the application for such recall petition. Such statements shall be written or printed on each petition and each signer must read, or be read, such state ments."
Section 4. Said chapter is further amended by striking subsection (a) of Code Section 21-4-7, relating to circulating and signing recall petitions, and inserting in its place a new subsection (a) to read as follows:
"(a) All signers of a single recall petition shall be electors who are registered and eli gible to vote in the recall election and who reside in the electoral district of the officer

2520

JOURNAL OF THE HOUSE,

sought to be recalled. When a petition for the recall of a public official is circulated in more than one county, each sheet of the petition shall bear the name of the county in which it is circulated, and only electors of the designated county may sign such sheet. No recall petition shall be circulated or signed by any person in any location where alco holic beverages are sold or served."
Section 5. Said chapter is further amended by striking Code Section 21-4-10, relating to the legal sufficiency of a recall petition, and inserting in its place a new Code Section 21-4-10 to read as follows:
"21-4-10. (a) The election superintendent shall be responsible for determining the legal sufficiency of the recall petition within 30 days after it has been submitted to him; provided, however, that in cases where more than one recall petition is subject to review for verification, the election superintendent shall be responsible for determining the legal sufficiency of any recall petition within 45 days after it has been submitted to him. The election superintendent or his designee is granted unrestricted authority to examine the registration records maintained by the board of registrar to receive evidence and testimony, and to require the personal appearance of any person signing such recall peti tion for the purpose of determining if the signers are qualified electors eligible to sign the recall petition. If the election superintendent shall not be reasonably able to ascer tain that any signature is that of a qualified elector eligible to sign the recall petition, such signature shall not be counted in determining whether the petition contains a suffi cient number of signatures as required by law. The nullification of a signature on any sheet of the recall petition shall not affect the validity of other signatures contained on such sheet.
(b) A recall petition shall not be accepted for verification for: (1) ft Any state-wide office if more than 420 90 days have elapsed since the date
the official recall petition forms were issued to the sponsors; -, not attaU the reeatt pctitienbe accepted for any ether efftee
(2) Any officer other than the officers provided for in paragraph (1) or (3) of this subsection whose electoral district encompasses only a part of the state if more than 45 days have elapsed since the date the official recall petition forms were issued to the sponsor; or
(3) Any officer whose electoral district encompasses a county or municipality or who is elected solely by the electors of an electoral district within a county or munici pality if more than 90 30 days have elapsed since the date the official recall petition forms were issued to the sponsors. (c) No recall petition shall be amended, supplemented, or returned after it has been accepted by the election superintendent for verification. (d) Within five days, excluding Saturday, Sunday Saturdays, Sundays, and legal holi days, after the election superintendent has certified the legal sufficiency of a petition, he shall immediately notify the Governor or the appropriate official, who shall call the recall election as provided in Code Section 21-4-12. (e) Upon certifying the legal sufficiency or insufficiency of a recall petition, the elec tion superintendent shall immediately notify the petition chairman and the officeholder in writing of the results and officially file the petition."
Section 6. Said chapter is further amended by striking Code Section 21-4-13, relating to the filing of subsequent recall petitions against officers following recall elections, and inserting in its place a new Code Section 21-4-13 to read as follows:
"21-4-13. (a) After a recall petition and election, no further recall petition shall be filed against the same officer until at least six months have elapsed from the date of the previous recall election; and any other recall petitions outstanding on the date of the recall election shall be void.
(b) If the election superintendent finds that a recall petition is insufficient and fails to verify the same, no further application for a recall petition shall be filed against the same officer until at least six months have elapsed from the date of the denial of such recall petition; provided, however, that such finding of insufficiency shall not bar the

THURSDAY, MARCH 12, 1987

2521

verification of any other recall petition which is available for signature or pending veri fication at the time of such finding of insufficiency."
Section 7. Said chapter is further amended by striking Code Section 21-4-15, relating to campaign and financial disclosure requirements with respect to recall petitions, and inserting in its place a new Code Section 21-4-15 to read as follows:
"21-4-15. Any sponsors circulating petitions person sponsoring or opposing a recall petition under this chapter shall be subject to Chapter 5 of this title, the 'Ethics in Government Act,' in the same manner as candidates; and the petition chairman shall file the reports required to be filed under said chapter and shall be subject to the same restrictions, qualifications, and provisions contained in such chapter."
Section 8. Said chapter is further amended by adding after Code Section 21-4-17 a new Code section to read as follows:
"21-4-17.1. An elector's eligibility to sign an application for a recall petition or a peti tion for recall shall be determined as of the date immediately preceding the date the application or petition is signed by that elector."
Section 9. This Act shall become effective on August 31, 1987, and shall apply to the recall of all public officers or officials for whom an application for a recall petition has been filed on or after August 31, 1987.
Section 10. All laws and parts of laws in conflict with this Act are repealed.

Representative Bray of the 91st moved that the House adopt the report of the Committee of Conference on SB 27.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams,M Y Aiken
Y Alford Alien
Y Athon Y Atkins
Bailey Balkcom Y Bannister Y Bargeron N Barnett,B Y Barnett,M YBeck Y Benefield Benn Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks N Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Childs Clark.B Y Clark,L

Y Colbert Y Coleman Y Colwell
Connell
Y Cooper Y Couch YCox Y Crawford Y Crosby
Cummings Y Davis.G Y Davis,M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton
Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer
Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson YIsakson
Jackson,J Y Jackson, W
Y Jamieson Johnson.D
Y Johnson.R Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawler Y Lawrence Y Lawson
Lee Y Under YLong
YLord Y Lucas Y Lupton Y Mangum Y Martin
McDonald Y McKelvey
McKinney Y Milam Y Milford
Y Mobley Y Moody
Moore YMorton

On the motion, the ayes were 144, nays 2.

Mostiler Y Moultrie
Mueller Y Oliver
Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom YRay
Reaves Y Redding
Richardson Y Ricketaon Y Robinson.C Y Robinson,P Y Royal Y Selman
Shepard
Y Sherrod Y Simpson Y Sinkfield

Y Sizemore
Y Smith,L Y Smith,P Y Smith,T Y Smith.W
YSmyre YSnow
Y Stancil Y Stanley
Steinberg Y Stephens Y Thomas.C Y Thomas.M
Thompson Y Thurmond Y Townsend
Triplett Y Twiggs Y Waddle
Waldrep Y Walker.C
Walker,L YWall Y Ware Y Watson Y Watts Y White
Y Wilder Y Williams.B Y Williams,J
Wilson Y Wood
Y Workman Y Yeargin
Young Murphy ,Spkr

2522

JOURNAL OF THE HOUSE,

The motion prevailed.

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

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

HB 557. By Representatives Wood of the 9th and Watson of the 114th:
A bill to amend Code Section 34-9-151 of the Official Code of Georgia Anno tated, relating to definitions of terms regarding group self-insurance funds for workers' compensation benefits, so as to allow the employees of a trade or professional association to be covered under a group self-insurance fund established by the members of such association.

The President has appointed on the part of the Senate the following: Senators Barnes of the 33rd, Baldwin of the 29th and Edge of the 28th.

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 170. By Senator Kidd of the 25th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 45 of the Official Code of Georgia Annotated, relating to public officers, so as to change requirements and procedures regarding the filling of vacancies in the offices of clerk of the superior court, judge of the probate court, county surveyor, and coroner.

The President has appointed on the part of the Senate the following: Senators English of the 21st, Kidd of the 25th and Barnes of the 33rd.

The Senate insists on its amendment to the following Bill of the House:

HB 905. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act", so as to provide for certificates of authorization for proprietary schools in lieu of certificates of approval.

The following Resolution of the House was read:

HR 516. By Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Groover of the 99th, Buck of the 95th and others:

A RESOLUTION Commending Honorable Glenn W. "Jack" Ellard and his staff; and for other purposes.

THURSDAY, MARCH 12, 1987

2523

WHEREAS, Honorable Glenn W. "Jack" Ellard, Clerk of the House of Representa tives, has performed his duties with outstanding ability and dignity during the 1987 session; and
WHEREAS, Mr. Ellard has served in an exemplary and highly professional manner as Clerk of the House of Representatives since 1959; and
WHEREAS, the tireless dedication of our distinguished and able Clerk and his staff has proved invaluable to the smooth operation of the House of Representatives during this session; and
WHEREAS, Mr. Ellard and his outstanding staff, including L. G. Gilstrap, Brett Bacon, Cicero Lucas, Mark Johnson, Byron Looper, and Mrs. Marty Wages, who work during sessions of the House of Representatives, have provided immeasurable assistance to the members of this body; and
WHEREAS, "Jack," as he is affectionately known, is highly respected and loved by the members of this body and his counsel and advice are constantly sought; and
WHEREAS, it is only fitting and proper that the Mr. Ellard and his staff be recog nized for their devotion and invaluable contribution to the legislative process.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that this body extends to Honorable Glenn W. "Jack" Ellard and his staff its deepest and sincerest thanks for the excellent service rendered to this body during the 1987 session of the Georgia General Assembly.
BE IT FURTHER RESOLVED that a copy of this resolution shall be presented to Honorable Glenn W. "Jack" Ellard, Clerk of the House of Representatives.

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

Y Aaron
Y Adams,G Y Adams,M Y Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell 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 Couch YCox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon
Y Dobbs Y Dover
Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Y Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks
Y Hudson Y Isakson Y Jackson.J Y Jackson, W Y Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane.D
Y Lane,R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Under
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
Y McDonald McKelvey
Y McKinney YMilam
Y Milford Y Mobley Y Moody Y Moore Y Morton

Y Mostiler Y Moultrie Y Mueller Y Oliver YOrrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay
Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson,? Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith.L
Y Smith,P Y Smith.T Y Smith,W YSmyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Townsend Y Triplett YTwiggs Y Waddle Y Waldrep
Walker.C Y Walker,L Y Wall YWare Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams.J Y Wilson Y Wood Y Workman Y Yeargin Y Young Y Murphy,Spkr

2524

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 177, nays 0. The Resolution was adopted.

Representative Reaves of the 147th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolution of the Senate was taken up for the purpose of considering the Senate's rejection of the report of the Committee of Conference and the appointment of a second Committee of Conference thereon:

SR 7. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to change the provisions relating to the election and terms of office of members of the General Assembly; to change the provisions relating to the organization of the General Assembly; to provide for the submission of this amendment for ratification or rejection.

The Speaker appointed as a second Committee of Conference on the part of the House the following:
Representatives Bray of the 91st, Lee of the 72nd and Holmes of the 28th.

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 336. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to amend Code Section 36-63-11 of the Official Code of Georgia Anno tated, relating to the construction of the "Resource Recovery Development Authorities Law," so as to provide that the sale or disposition of any useful form of energy produced by a project shall not be subject to the provisions of "The Georgia Cogeneration Act of 1979"; to provide an effective date.

The following amendments were read and adopted:

Representatives Groover of the 99th and Robinson of the 58th move to amend SB 336 by inserting on page 1, line 27, after the words "1979."' the following:
"In the event that the immediately preceding sentence of this subsection (a) shall for any reason be held invalid, the remaining provisions of this subsection and this code section shall remain in full force and effect."

Representative Robinson of the 58th moves to amend SB 336 by striking from line 5 of page 1 the following:
"a project", and inserting in its place the following:
"certain projects". By adding on line 21 of page 1, after the following: "produced from a",

THURSDAY, MARCH 12, 1987

2525

the following: "solid waste".

Representatives Watson of the 114th and Robinson of the 58th move to amend SB 336 as follows:
On line 26, page 1, after the word "chapter", delete the number "2" and put in its place the number "3".

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

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Harriett,B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch YBray
Brooks Brown YBuck Y Buford NByrd Y Carrell 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 Couch YCoi Y Crawford Y Crosby
Cummings Davis.G Y Davis,M Y Dixon
YDobbs Y Dover NDunn
Edwards Y Felton Y Floyd Y Foster Y Galer Y God bee Y Goodwin Y Green Y Greene
Greer Gresham Y Griffin Groover Y Hamilton Hanner Y Harris Y Hasty YHays Heard Y Henuley

Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson YIsakson Y Jackson.J Y Jackson, W
Y Jamieson Johnson.D
Y Johnson.R Y Kilgore Y Kingston Y Lane,D Y Lane.R
Y Langford Lawler
Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas
Lupton Y Mangum Y Martin
McDonald Y McKelvey
McKinney Milam Y Milford Y Mobley Moody Y Moore Y Morion

Mostiler Y Moultrie
Y Mueller Y Oliver
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Peters N Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard
Rainey Y Ramsey.T Y Ramsey.V
Randall
Ransom YRay
Reaves Y Redding
Richardson Ricketson
Y Robinson,C Y Robinson.P Y Royal Y Selman
Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith,L Y Smith,P
Smith.T Y Smith.W YSmyre YSnow Y Stancil Y Stanley
Steinberg Y Stephens Y Thomas,C Y Thomas,M Y Thompson Y Thurmond
Townsend Y Triplett YTwiggs Y Waddle Y Waldrep
Walker.C Walker,L YWall Ware Y Watson Y Watts White
Wilder Y WiUiams,B Y WilliamsJ
Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 137, nays 3.
The Bill, having received the requisite constitutional majority, was passed, amended.

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

HOUSE RULES CALENDAR THURSDAY, MARCH 12, 1987
Mr. Speaker and Members of the House:
Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 12, 1987, by adding the following:

2526

JOURNAL OF THE HOUSE,

SB 47 Public Officials/Empl.: Liability Ins. Indemnification: Coverage SB 180 Handicapped Newborn Persons: Human Res. Dept.: Registration
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

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 170. By Senator Kidd of the 25th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 45 of the Official Code of Georgia Annotated, relating to public officers, so as to change requirements and procedures regarding the filling of vacancies in the offices of clerk of the superior court, judge of the probate court, county surveyor, and coroner.

Representative Holmes of the 28th moved that the House adhere to its position in substituting SB 170 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 Holmes of the 28th, Bray of the 91st and Parrish of the 109th.

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

SB 170. By Senator Kidd of the 25th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 45 of the Official Code of Georgia Annotated, relating to public officers, so as to change requirements and procedures regarding the filling of vacancies in the offices of clerk of the superior court, judge of the probate court, county surveyor, and coroner.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 170

The Committee of Conference on SB 170 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 170 be adopted.
Respectfully submitted,

THURSDAY, MARCH 12, 1987

2527

FOR THE SENATE:
M Bill English Senator, 21st District
/s/ Roy E. Barnes Senator, 33rd District
/s/ Culver Kidd Senator, 25th District

FOR THE HOUSE OF REPRESENTATIVES:

/s/ ob Holmes

.

Representative, 28th District

/a/ claude A BraVj Jr Representative, 91st District

/s/ Larry Parrish Representative, 109th District

A BILL
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change certain requirements and procedures regarding the filling of vacancies in the offices of clerk of the superior court and judge of the probate court; to change the provi sions relating to appointment of clerks by probate judges; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain require ments and procedures relating to the filling of vacancies in the office of county surveyor; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to change certain requirements and procedures relating to the filling of vacancies in the office of coroner; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to authorize the appointment of chief deputy tax receivers, collectors, or commissioners; to provide for requirements and proce dures relating to the filling of vacancies in the offices of tax receiver, collector, or commis sioner; to provide 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 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking subsection (c) of Code Section 15-6-56, relating to filling vacancies in the office of clerk of the superior court, and inserting in its place a new subsection (c) to read as follows:
"(c) In any county in which the position of chief deputy clerk has been created by law or in which a chief deputy clerk has been appointed pursuant to Code Section 15-6-59, the chief deputy clerk shall succeed discharge the duties of the clerk of the superior court if a vacancy occurs in the manner provided for in this subsection. T-he
is field more tiiftB or? dftys fliter trie dfltc trie vflcfliicy occursj provided> nowever^ tnflt tft no event snftii trie cruet deputy cierK serve pftst trie dflte tftdt trie 9uccessor is cjudiitied imffiediflteiy upon *ne expiPQtIOFI of trie term of ottice ~m WHICH trie vscflncy wss cpcfltcd.
to till tfte vftcflncy tof trie remftinder ot trie uncxpircd term siiflii oe elected ~ftt SUCH [en~ eral election. h any auch case, the ether provisions ef taw for filling such a vacancy shall net apply. Such vacancies shall be filled as follows:
(1) If there are six months or less remaining in a term of office, the chief deputy clerk shall discharge the duties of the clerk of the superior court for the remainder of the unexpired term of office; or
(2) If there are more than six months remaining in a term of office, the chief deputy clerk shall discharge the duties of the clerk of the superior court until such vacancy is filled for the unexpired term of office by a special election. 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 2. Said title is further amended by striking Code Section 15-9-11.1, relating to filling of vacancies in the office of judge of the probate court, and inserting in its place a new Code Section 15-9-11.1 to read as follows:

2528

JOURNAL OF THE HOUSE,

"15-9-11.1. (a) Notwithstanding the provisions of Code Sections 15-9-10 and 15-9-11, in any county in which a chief clerk of the probate judge has been appointed pursuant te Code Section 16-0-36 and said chief clerk meets all qualifications for the office of probate judge, the person serving as chief clerk ef the probate judge at the time of occurrence of a vacancy in the office of probate judge shall assume discharge the duties of the office of the judge of the probate court, upon the death, resignation, inca pacity, er inability ef stieh jadge ef the probate court ef any saeh county te serve; Sack chief eterie of the probate judge shall serve until saeh time as the incapacity er inability ot sucn jude ts removed or until uftnuflpy ~i to1lowifiu trie next succeeding ^encrsi eiec~ tion, whichever eeears first. The chief clerk of the probate judge shall receive ne addi tional such compensation for performing the duties of such judge except vet cases invoivin[ Tne ctedtfi OP resignation ot sucn jude, tn wnicn cflse tne cniet cleric or tne pro~ bate judge shall receive the aamc compensation, paid in the same manner, as saeh judge would have received as provided for by the governing authority of the county. If the next 9 ueceed t n ^enepfti election is not one ft* wnicn county onicePS Eire elected tnd antess th incapacity er inability ef saeh jadge is removed prier te saeh election, a dtriy qualified persea shall be elected judge at a special election heW at the same time as the general election. T-he person se elected shalt take office er January 1 following saeh clcctie and shall serve for the remainder ef the uncxpired term ef- office.
(b) Vacancies in the office of judge of the probate court having a chief clerk as pro vided for in subsection (a) of this Code section shall be filled as follows:
(1) If there are six months or less remaining in a term of office, the chief clerk shall discharge the duties of the judge of the probate court for the remainder of the unexpired term of office; or
(2) If there are more than six months remaining in a term of office, the chief clerk shall discharge the duties of the judge of the probate court until such vacancy is filled for the unexpired term of office by a special election. (c) If the chief clerk meets all qualifications for the office of probate judge, the chief clerk shall temporarily assume the duties of the probate judge upon the incapacity or inability of such probate judge to serve until such incapacity or inability js removed or for the remainder of the unexpired term of office, whichever occurs first."
Section 3. Said title is further amended by striking subsection (a) of Code Section 15-9-36, relating to clerks of probate courts, and inserting in its place a new subsection (a) to read as follows:
"(a) The judges of the probate courts are, by virtue of their offices, clerks of their own courts; but they may; at their ewn expense, appoint one or more clerks, 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."
Section 4. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking subsection (a) of Code Section 36-7-3, relating to fill ing vacancies in the office of county surveyor, and inserting in its place a new subsection (a) to read as follows:
"(a) Whenever an election fails to fill the office of county surveyor, the judge of the probate court shall appoint a person to serve as the county surveyor until December Si iollowinj tne next cncpn election in wnicn county otiicers flre elected flnd until ft suc~ cessor is duly elected m tne election to serve out tcie unexpired term of otiicc ftnd tne successor has daly qualified a successor is duly elected in a special election which shall be held at the time of the next general election to serve out the remainder of the unex pired term of office."
Section 5. Said title is further amended by striking subsection (a) of Code Section 45-16-2, relating to filling of vacancies in the office of coroner, and inserting in its place a new subsection (a) to read as follows:
"(a) Whenever an election fails to fill the office of coroner, the judge of the probate court shall appoint a person to serve as the coroner until th thirty-first ef December

THURSDAY, MARCH 12, 1987

2529

following the next general election in which county officers are elected and until a saccessor 9ii&ii ofc cHiiy elected tR sucn election TO serve out the unexpircu terrn of oftice and stieh successor has ehriy qualified a successor is duly elected in a special election which shall be held at the time of the next general election to serve out the remainder of the unexpired term of office."
Section 6. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking subsection (a) of Code Section 48-5-211, relating to filling vacancies in the offices of tax receiver, tax collector, or tax commissioner, and inserting in its place a new subsection (a) to read as follows:
"(a) In any county in which a deputy chief tax receiver, deputy chief tax collector, or deputy chief tax commissioner has not been appointed as provided in this chapter, as As soon as a vacancy occurs in the office of county tax receiver, tax collector, or tax commissioner, the judge of the probate court shall appoint a qualified person to dis charge the duties of such officer until the vacancy is filled."
Section 7. Said title is further amended by adding a new Code Section immediately following Code Section 48-5-211, to be designated Code Section 48-5-212, to read as fol lows:
"48-5-212. (a) Except as otherwise provided in Code Section 48-5-100.1 and Code Section 48-5-128.1, the tax receiver, tax collector, or tax commissioner of any county shall be authorized to appoint a chief deputy tax receiver, chief deputy tax collector, or chief deputy tax commissioner, provided that such person has met the same training requirements as enumerated in Code Section 48-5-126.1. Such chief deputy shall have the duties prescribed by the appointing tax official and the authority prescribed in this Code section.
(b) Any such chief deputy who meets all of the qualifications for office of the appointing tax official shall discharge the duties of the office of such appointing tax offi cial if a vacancy occurs. Such chief deputy shall receive such compensation for perform ing such duties as provided for by the governing authority of the county.
(c) In any county in which such chief deputy has been appointed, vacancies in the office of tax receiver, tax collector, or tax commissioner shall be filled as follows:
(1) If there are six months or less remaining in a term of office, such chief deputy shall discharge the duties of such appointing tax official for the remainder of the unexpired term of office; or
(2) If there are more than six months remaining in a term of office, such chief deputy shall discharge the duties of such appointing tax official until such vacancy is filled for the unexpired term of office by a special election. (d) If such chief deputy meets all the qualifications for the office of the appointing tax official, such chief deputy shall temporarily assume the duties of such office upon the incapacity or inability of such appointing tax official to serve until such incapacity or inability is removed or for the remainder of the unexpired term of office, whichever occurs first."
Section 8. This Act shall become effective on July 1, 1987 and shall apply to any vacancy existing on July 1, 1986, or arising after that date.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

Representative Holmes of the 28th moved that the House adopt the report of the Committee of Conference on SB 170.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G
YAdams,M YAiken Y Alford Y Alien

Y Athon Y Atkins
Y Bailey Y Balkcom Y Bannister Y Bargeron

Y Barnett,B Y Barnett.M
Beck Y Benefield Y Benn Y Birdsong

Y Bishop Y Bostick
Y Branch Bray
Y Brooks Y Brown

Y Buck Buford
Byrd Y Carrell Y Carter Y Chambless

2530

JOURNAL OF THE HOUSE,

Y Chance Y Cheeks Y Childers Y Childs Y Clark,B
Clark,L
Y Colbert Coleman
Y Colwell Connell
Y Cooper Y Couch YCox Y Crawford Y Crosby
Cummings Y Davis.G Y Davis,M Y Dixon
YDobbs Y Dover Y Dunn Y Edwards Y Felton
Floyd Y Foster YGaler YGodbee Y Goodwin
Green

Y Greene Greer
Y Gresham Y Griffin
Groover Y Hamilton
Manner Y Harris Y Hasty YHays
Heard Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks
Hudson Y Isakson Y Jackson,J
Jackson,W Y Jamieson
Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawler
Y Lawrence

Y Lawson
YLee Y Linder YLong
Lord Y Lucas
Y Lupton Y Mangum Y Martin
McDonald Y McKelvey
McKinney Y Milam
Milford Y Mobley Y Moody
Moore Y Morton
Mostiler Y Moultrie Y Mueller Y Oliver
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Peters Y Pettit

Y Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard
Rainey Ramsey.T Y Ramsey.V Y Randall Y Ransom Ray
Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal YSelman Y Shepard Y Sherrod Y Simpson
Sinkfield Y Sizemore Y Smith,L Y Smith,P Y Smith.T Y Smith,W YSmyre

On the motion, the ayes were 147, nays 0. The motion prevailed.

YSnow Y Stancil Y Stanley
Steinberg Y Stephens Y Thomas,C Y Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams.J
Wilson
Y Wood Y Workman Y Yeargin Y Young
Murphy.Spkr

The following Resolution of the House was read and adopted:

HR 517. By Representatives Colwell of the 4th, Jackson of the 9th, Walker of the 115th, Coleman of the 118th, Murphy of the 18th and others:
A resolution commending Mr. James Eugene (Gene) Sutherland.

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

HB 557. By Representatives Wood of the 9th and Watson of the 114th:
A bill to amend Code Section 34-9-151 of the Official Code of Georgia Anno tated, relating to definitions of terms regarding group self-insurance funds for workers' compensation benefits, so as to allow the employees of a trade or professional association to be covered under a group self-insurance fund established by the members of such association.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 557

The Committee of Conference on HB 557 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 557 be adopted.
Respectfully submitted,

THURSDAY, MARCH 12, 1987

2531

FOR THE SENATE:
M Roy E. Barnes Senator, 33rd District
/a/ A. Quillian Baldwin, Jr. Senator, 29th District
/s/ Arthur B. Edge, IV Senator, 28th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Pete Roblnson Representative, 96th District
/s/ joe -p Wood Representative, 9th District
/s/ Roy H. Watson, Jr. Representative, 114th District

A BILL
To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to exclude from the definition of the term "employee" cer tain independent contractors; to thereby provide for the inapplicability of the workers' compensation law to such independent contractors; to allow the employees of a trade or professional association to be covered under a group self-insurance fund established by the members of such association; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking paragraph (2) of Code Section 34-9-1, relating to definitions concerning workers' compensation, and inserting in its place a new paragraph (2) to read as follows:
"(2) 'Employee' means every person in the service of another under any contract of hire or apprenticeship, written or implied, except a person whose employment is not in the usual course of the trade, business, occupation, or profession of the employer; and, except as hereinafter provided, minors are included even though working in violation of any child labor law or other similar statute; provided, however, that nothing contained in this chapter shall be construed as repealing or altering any such law or statute. Any reference to any employee who has been injured shall, if the employee dies, include his legal representatives, dependents, and other persons to whom compensation may be pay able pursuant to this chapter. All firemen and policemen whose compensation is paid by the state or any county or municipality, regardless of the method of appointment, and all full-time county employees and employees of elected salaried county officials are specifically included in this definition. There shall also be included within such term any volunteer firefighter of any county or municipality of this state, but only for volunteer fire-fighting services rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall pro vide by appropriate resolution for inclusion of such volunteer firefighters. There shall also be included within such term any volunteer law enforcement personnel of any county or municipality of this state who are certified by the Georgia Peace Officer Stan dards and Training Council, but only for volunteer law enforcement services rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer law enforcement personnel. The various elected county officers of an individual county shall also be included in this definition, if the governing authority of said county shall provide therefor by appropriate resolution. For the pur poses of workers' compensation coverage, employees of county and district health agen cies established under Chapter 3 of Title 31 are deemed and shall be considered employees of the State of Georgia. For the purpose of workers' compensation coverage, members of the Georgia National Guard serving on state active duty pursuant to an order by the Governor are deemed and shall be considered to be employees of this state. A person shall be an independent contractor and not an employee if such person has a contract as an independent contractor and if such person buys a product and resells

2532

JOURNAL OP THE HOUSE,

itj receiving no other compensation, or provides an agricultural service or provides trans portation services with such person's own passenger vehicle, pickup truck, or van-type truck.
Notwithstanding the foregoing provisions of this paragraph, any officer of a corpora tion may elect to be exempt from coverage under this chapter by filing written certifi cation of such election with the State Board of Workers' Compensation as provided in Code Section 34-9-2.1 of this article."
Section 2. Said chapter is further amended by striking paragraph (10) of Code Section 34-9-151, relating to definitions of terms regarding group self-insurance funds for workers' compensation, and inserting in its place a new paragraph (10) to read as follows:
"(10) 'Member' means an employer who is a member of a fund established by a trade association or professional association or by a group of municipalities, counties, school boards, or hospital authorities in accordance with this article. 'Member' also means a trade association or professional association which elects to cover its own employees under a fund established by its members."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Robinson of the 96th moved that the House reject the report of the Committee of Conference on HB 557.
The motion prevailed.

Representative Robinson of the 96th moved that the first Committee of Conference on HB 557 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 Robinson of the 96th, Wood of the 9th and Watson of the 114th.

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 22. By Representatives Redding of the 50th, Clark of the 55th, Benn of the 38th, Aaron of the 56th, Holmes of the 28th and others:
A RESOLUTION
Creating the Youth and Violence Study Committee; and for other purposes.
WHEREAS, recent incidents of violent crimes committed by young people have come to the attention of the members of this body; and
WHEREAS, testimony has been given in several criminal trials concerning the commission of crimes involving violence which were planned or committed by loosely knit organizations or groups of young people; and
WHEREAS, additional evidence concerning the commission of thefts or other prop erty crimes by such groups has come to the attention of the members of this body; and
WHEREAS, the members of this body and the citizens of Georgia are concerned about such events and must take appropriate and responsible action to ensure that such events do not continue; and

THURSDAY, MARCH 12, 1987

2533

WHEREAS, a thorough study should be undertaken to determine what actions should be taken to solve this problem.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the Youth and Violence 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 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 conditions, needs, issues, and problems mentioned above or related thereto and recom mend any actions or legislation which the committee deems necessary or appropriate. 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 appropri ated 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, 1987, at which time the committee shall stand abolished.

The following Committee substitute was read and adopted:

A RESOLUTION
Creating the Youth and Violence Study Committee; and for other purposes.
WHEREAS, recent incidents of violent crimes committed by young people have come to the attention of the members of this body; and
WHEREAS, testimony has been given in several criminal trials concerning the commission of crimes involving violence which were planned or committed by loosely knit organizations or groups of young people; and
WHEREAS, additional evidence concerning the commission of thefts or other prop erty crimes by such groups has come to the attention of the members of this body; and
WHEREAS, the members of this body and the citizens of Georgia are concerned about such events and must take appropriate and responsible action to ensure that such events do not continue; and
WHEREAS, a thorough study should be undertaken to determine what actions should be taken to solve this problem.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the Youth and Violence 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 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 conditions, needs, issues, and problems mentioned above or related thereto and recom mend any actions or legislation which the committee deems necessary or appropriate. 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

2534

JOURNAL OF THE HOUSE,

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 appropri ated 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, 1987, at which time the committee shall stand abolished.

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

Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Balkcom
Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick
Y Branch YBray Y Brooks
Brown YBuck Y Buford
YByrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Childs Y Clark.B
Clark,L

Y Colbert Coleman
Y Colwell Connell
Y Cooper Y Couch YCox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon
Dobbs Y Dover
Y Dunn Y Edwards Y Felton Y Floyd Y Foster
Galer Y Godbee
Y Goodwin Y Green Y Greene YGreer Y Gresham Y Griffin
Groover Y Hamilton
Hanner
Y Harris Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb
Y Holmes Hooks
Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson
Johnson,D Y Johnson,R Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawler Y Lawrence Y Lawson
YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
McDonald Y McKelvey
McKinney
Y Milam Milford
Y Mobley Y Moody Y Moore Y Morton

Mostiler Moultrie
Y Mueller Y Oliver Y Orrock
Y Padgett Pannell
YParham Y Parrish Y Patten Y Peters Y Pettit
Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey
Ramsey.T Y Ramsey.V
Randall Y Ransom
YRay Y Reaves Y Redding
Richardson
Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith.L Y Smith.P
Y Smith,T Y Smith.W YSmyre YSnow Y Stancil
Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Townsend Y Triplett
Y Twiggs Y Waddle Y Waldrep Y Walker.C
Walker,L
Y Wall Y Ware
Watson Y Watts Y White
Wilder Y Williams,B Y Williams,J
Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy,Spkr

On the adoption of the Resolution, by substitute, the ayes were 151, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

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 541. By Representative Athon of the 57th:
A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide that a bank or storage facility must be licensed, accredited, or approved under the laws of this state; to provide that a hospital shall maintain a written cooperative agreement with at least one bank or storage facility for the purpose of pro curing anatomical gifts.

THURSDAY, MARCH 12, 1987

2535

Representative Athon of the 57th moved that the House insist on its position in disagreeing to the Senate amendment to HB 541 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, Mangum of the 57th and Childers of the 15th.

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

HOUSE RULES CALENDAR THURSDAY, MARCH 12, 1987
Mr. Speaker and Members of the House:
Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 12, 1987, by adding the following:
HR 77 Governor's Commission on Growth Strategy: Create HR 371 House Talmadge Monument Study Committee Create SB 366 Property Foreclosure/Executions: Amend Provisions
Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, M Lee of the 72nd
Chairman

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 227. By Senator Howard of the 42nd:
A bill to amend Code Section 9-11-69 of the Official Code of Georgia Anno tated, relating to discovery measures in aid of execution, so as to provide for additional discovery measures.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 9-11-69 of the Official Code of Georgia Annotated, relating to discovery measures in aid of execution, so as to provide for additional discovery mea sures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 9-11-69 of the Official Code of Georgia Annotated, relating to discovery measures in aid of execution, is amended by striking that Code section and inserting in its place a new Code section to read as follows:
"9-11-69. Process to enforce a judgment for the payment of money shall be a writ of execution unless the court directs otherwise. In aid of the judgment or execution, the

2536

JOURNAL OF THE HOUSE,

judgment creditor, or his successor in interest when that interest appears of record, may do any or all of the following:
(1) examine Examine any person, including the judgment debtor; h the manner provided this chapter (or by taking depositions or propounding interrogatoriesT;
(2) Compel the production of documents or things; and (3) Upon a showing of reasonable necessity, obtain permission from a court of competent jurisdiction to enter upon that part of real property belonging to or law fully occupied by the debtor which is not used as a residence and which property is not bona fide in the lawful possession of another; in the manner provided in this chapter for such discovery measures prior to judgment."
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:

Aaron Y Adams.G
Adams.M Y Aiken YAlford
AUen YAthon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Bamett,B Y Bamett.M YBeck Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch YBray Y Brooks
Brown YBuck Y Buford YByrd YCarrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B
Clark.L

Y Colbert Coleman
Y Colwell Connell
Y Cooper
N Couch YCoi Y Crawford
Crosby Y Cummings
Davis.G Davis.M Y Diion YDobbs Y Dover Dunn Y Edwards Y Felton Y Floyd Y Foster
Galer YGodbee Y Goodwin
Y Green YGreene YGreer Y Gresham Y Griffin
Groover Hamilton Hanner Y Harris Y Hasty YHays Heard Y Hensley

Y Herbert Y Holcomb Y Holmes
Hooks Y Hudson
Y Isakson Y JacksonJ Y Jackson.W Y Jamieson
Johnson.D Y Johnson.R
Y Kilgore Y Kingston Y Lane.D
Lane.R Y Langford Y Lawler
Y Lawrence Y Lawson YLee Y Linder YLong YLord N Lucas Y Lupton
Mangum Y Martin
McDonald Y McKelvey
McKinney Milam Milford
Y Mobley Y Moody Y Moore YMorton

Mostiler Y Moultrie N Mueller Y Oliver
YOrrock Y Padgett
Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard
Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom YRay
Y Reaves Y Redding
Richardson Y Ricketson
Robinson.C Y Robinson,P Y Royal
Selman
Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore
Y Smith,L Y Smith.P Y Smith,T Y Smith,W
YSmyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Townsend Y Triplett YTwiggs Y Waddle
Y Waldrep Walker.C
Y Walker,L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams.B
Y Williams,J Wilson
Y Wood Workman
Y Yeargin Young Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 137, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HR 371. By Representative Dunn of the 73rd:
A RESOLUTION
Honoring the life of Honorable Herman Eugene Talmadge and creating the House Talmadge Monument Study Committee; and for other purposes.

THURSDAY, MARCH 12, 1987

2537

WHEREAS, Honorable Herman Eugene Talmadge, former United States Senator and Governor of the State of Georgia, became one of Georgia's most influential leaders; and
WHEREAS, born in Telfair County in 1913, Herman Talmadge graduated from the University of Georgia School of Law and achieved an outstanding scholastic record throughout his education; and
WHEREAS, he courageously served our state and country during World War II and was honorably discharged from the Navy as a Lieutenant Commander; and
WHEREAS, he gained great political experience from managing his father's campaigns for Governor, later serving as Governor for six years and 67 days during which Georgia enjoyed unprecedented progress and vast improvements in education, transportation, for estry, health care, and social benefits; and
WHEREAS, his 24 years as a United States Senator, serving during the terms of six presidents, earned him great respect from his colleagues in the Congress of the United States and, as Chairman of the Agriculture and Forestry Committee and Vice Chairman of the Finance Committee of the Senate, his positive impact on the economy and trade policies of the United States benefited all Americans; and
WHEREAS, the results of his dedicated public service is still felt throughout the United States and the State of Georgia; and
WHEREAS, it is fitting and proper that a monument be placed on the grounds of the capitol as a lasting testimony to his contributions to Georgia and the United States.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that the members of this body honor by this resolution a great statesman, Honor able Herman Eugene Talmadge, for his dedicated service to our country and state.
BE IT FURTHER RESOLVED that there is created the House Talmadge Monument Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker of the House of Representatives 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 conditions, needs, issues, and problems mentioned above or related thereto and recom mend any actions or legislation which the committee deems necessary or appropriate. The committee specifically shall study the costs, sources of funding, available outside assis tance, and site selection for a monument on the grounds of the state capitol of Honorable Herman Eugene Talmadge. 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. If a similar study committee is formed by the Senate for the 1987 interim, the committee is authorized to meet and work jointly with such Senate study committee. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1987, on which date the committee shall stand abolished.

The following Committee substitute was read and adopted:

A RESOLUTION
Honoring the life of Honorable Herman Eugene Talmadge and creating the House Talmadge Tribute Study Committee; and for other purposes.

2538

JOURNAL OF THE HOUSE,

WHEREAS, Honorable Herman Eugene Talmadge, former United States Senator and Governor of the State of Georgia, became one of Georgia's most influential leaders; and
WHEREAS, born in Telfair County in 1913, Herman Talmadge graduated from the University of Georgia School of Law and achieved an outstanding scholastic record throughout his education; and
WHEREAS, he courageously served our state and country during World War II and was honorably discharged from the Navy as a Lieutenant Commander; and
WHEREAS, he gained great political experience from managing his father's campaigns for Governor, later serving as Governor for six years and 67 days during which Georgia enjoyed unprecedented progress and vast improvements in education, transportation, for estry, health care, and social benefits; and
WHEREAS, his 24 years as a United States Senator, serving during the terms of six presidents, earned him great respect from his colleagues in the Congress of the United States and, as Chairman of the Agriculture and Forestry Committee and Vice Chairman of the Finance Committee of the Senate, his positive impact on the economy and trade policies of the United States benefited all Americans; and
WHEREAS, the results of his dedicated public service is still felt throughout the United States and the State of Georgia; and
WHEREAS, it is fitting and proper that an appropriate tribute should be placed as a lasting testimony to his contributions to Georgia and the United States.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that the members of this body honor by this resolution a great statesman, Honor able Herman Eugene Talmadge, for his dedicated service to our country and state.
BE IT FURTHER RESOLVED that there is created the House Talmadge Tribute Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker of the House of Representatives 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 conditions, needs, issues, and problems mentioned above or related thereto and recom mend any actions or legislation which the committee deems necessary or appropriate. The committee specifically shall study the costs, sources of funding, available outside assis tance, and site selection for an appropriate tribute recognizing Honorable Herman Eugene Talmadge. 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. If a similar study committee is formed by the Senate for the 1987 interim, the committee is authorized to meet and work jointly with such Senate study committee. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1987, on which date the committee shall stand abolished.

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

Aaron Y Adams.G Y Adams.M
Aiken

Y Alford Y Alien
Athon Y Atkins

Y Bailey Y Balkcom Y Bannister Y Bargeron

Y Barnett.B Y Barnett.M Y Beck
Benefield

Benn Y Birdsong Y Bishop Y Bostick

THURSDAY, MARCH 12, 1987

2539

Y Branch
YBray
Brooks
Brown YBuck
Y Buford
YByrd
Y Carrell
Y Carter Chambless Chance
Y Cheeks Y Childers
Childs Y Clark,B
Clark.L Y Colbert
Coleman Colwell Connell Cooper
Couch YCoi Y Crawford
Crosby Y Cummings Y Davis.G
Davis.M Dixon Y Dobbs Dover YDunn

Y Edwards Felton
Y Floyd Y Foster
Galer Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Groover Y Hamilton Hanner Y Harris Y Hasty YHays Heard Y Hensley Herbert Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson.J Y Jackson, W Y Jamieson
Johnson,D Johnson,R Y Kilgore

Y Kingston Lane.D Lane,R
Y Langford Lawler
Lawrence Y Lawson
Lee Y Under YLong YLord
Lucas Y Lupton
Mangum Y Martin
McDonald Y McKelvey
McKinney Milam Milford Y Mobley Y Moody Y Moore Y Morton Mostiler Y Moultrie Y Mueller Y Oliver Orrock
Y Padgett Pannell
YParham

Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T
Ramsey.V YRandall
Ransom YRay
Reaves Y Redding
Richardson Y Ricketson Y Robinson.C Y Robinson,P Y Royal
Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield
Sizemore Y Smith.L Y Smith,P Y Smith.T

Y Smith,W YSmyre YSnow Y Stancil
Stanley Y Steinberg
Y Stephens Thomas.C
Y Thomas,M Y Thompson
Thurmond Townsend Y Triplett
Twiggs Waddle Y Waldrep Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts Y White Wilder Williams.B Williams.J Wilson YWood Workman
Y Yeargin Young
Murphy.Spkr

On the adoption of the Resolution, by substitute, the ayes were 114, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

The Speaker assumed the Chair.

HR 175. By Representatives Childs of the 53rd, Yeargin of the 14th, Martin of the 26th, Thomas of the 31st and Isakson of the 21st:
A RESOLUTION
Re-creating the Housing Study Committee; and for other purposes.
WHEREAS, the Housing Study Committee was created by House Resolution 96 during the 1986 regular session of the General Assembly and charged with the study of current housing conditions in this state; and
WHEREAS, during the 1986 interim, the committee focused its study on the avail ability and affordability of housing for Georgia citizens in the middle and low-income brackets; and
WHEREAS, the committee found the housing problems in this state to be extremely complex and in need of long-range solutions; and
WHEREAS, there is a need for this committee to continue its study and to work with private organizations and local and state agencies, particularly the Georgia Residential Finance Authority, in order to address adequately the housing problems in Georgia.
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 Representatives. The Speaker shall appoint the chairperson of the committee from among the members of the committee. The committee shall study current housing conditions of this state with particular emphasis on suggesting to proper authorities the appropriate

2540

JOURNAL OF THE HOUSE,

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 Georgia communities. The members of the committee shall receive the allowances author ized 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 resolu tion 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, 1987, 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 fol lows:

Aaron Y Adams.G
Adams,M
Y Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Bamett,M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks
Brown YBuck Y Buford YByrd Y Carrell 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 Couch YCox Y Crawford Y Crosby Y Cummings Y Davis.G
Davis.M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton
Y Floyd Y Foster
Galer Y Godbee Y Goodwin
Green Y Greene Y Greer Y Gresham Y Griffin
Groover Y Hamilton Y Manner Y Harris Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson
Isakson Y Jackson.J Y Jackson,W Y Jamieson
Johnson,D Y Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson
YLee Y Linder YLong
Lord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Mostiler
Y Moultrie Y Mueller Y Oliver Y Orrock
Y Padgett Pannell
Y Parham Y Parrish
Y Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding
Richardson Y Ricketeon Y Robinson.C Y Robinson.P
Y Royal Selman
Y Shepard Y Sherrod Y Simpson
Sinkfield

Y Sizemore
Y Smith.L Y Smith,? Y Smith.T Y Smith.W
YSmyre YSnow
Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson
Y Thurmond Townsend
Y Triplet!
Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams,B Y Williams,J
Wilson Y Wood
Workman Y Yeargin
Young Murphy,Spkr

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

SB 275. By Senator Barnes of the 33rd:
A bill to amend Article 6 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to practice and procedure in the probate courts of certain counties, so as to expand the jurisdiction of the probate courts of certain counties to include concurrent jurisdiction with the superior courts over certain matters.

The following amendment was read and withdrawn:

THURSDAY, MARCH 12, 1987

2541

Representatives Randall of the 101st and Martin of the 26th move to amend SB 275 by adding following the word "matters" on line 6 of page 1 the following:
"; to provide for procedures relative to settlement agreements concerning probate of wills".
By striking line 14 of page 1 and inserting in lieu thereof the following:
"15-9-127. (a) Probate courts subject to this article".
By adding at the end of line 22 of page 1 the following: "and".
By striking lines 23 through 26 of page 1 which read as follows:
"(3) Approval of settlement agreements pursuant to Code Section 53-3-22; and
(4) Appointment of new trustee to replace trustee pursuant to Code Section 53-13-8.'",
and inserting in lieu thereof the following:
"(3) Appointment of new trustee to replace trustee pursuant to Code Section 53-13-8.
(b) With respect to settlement agreements concerning probate of wills, probate courts which are subject to this article shall be authorized to use the procedure set forth in subsection (a) of Code Section 53-3-22 in the same manner as a superior court would have done on a de novo appeal.'"

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

Aaron Y Adams.G
Adams, M Y Aiken YAlford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M Y Beck Y Benefield Y Benn
Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks Y Brown
Y Buck Y Buford Y Byrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks YChilders

Y Chiids Clark,B
Y Clark.L
Y Colbert Coleman
Y Colwell Connell
Y Cooper Y Couch Y Cox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M
Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster
Galer Y Godbee Y Goodwin Y Green
Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton

Manner Y Harris
Y Hasty Y Hays
Heard Y Hensley
Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson
Y Isakson Y Jackson,J Y Jackson.W Y Jamieson
Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawler Y Lawrence Y Lawson Y Lee Y Linder Y Long
Y Lord Y Lucas Y Lupton Y Mangum
Y Martin

McDonald Y McKelvey
McKinney
Milam Milford Y Mobley
Moody Moore Y Morton Mostiler Y Moultrie Y Mueller Oliver Y Orrock
Y Padgett Pannell
Y Parham Y Parrish
Y Patten Y Peters Y Pettit Y Phillips Y Pinkston
Y Pittman Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom Y Ray

Y Reaves
Y Redding Richardson Ricketson
Y Robinson.C
Y Robinson,? Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T
Smith, W Y Smyre Y Snow Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Townsend
Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C

2542

JOURNAL OF THE HOUSE,

Y Walker,L Y Wall
Ware

Y Watson Y Watts Y White

Wilder Y Williams.B Y Williams,J

Wilson Y Wood Y Workman

Y Yeargin Young Murphy,Spkr

On the passage of the Bill, the ayes were 149, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SR 147. By Senators Tysinger of the 41st, Scott of the 2nd, Brown of the 47th and others:
A RESOLUTION
Creating the Capitol Hill Master Plan Commission to prepare a development plan for state-owned property in the Capitol Hill area and to plan for the future needs of state government; and for other purposes.
WHEREAS, the lack of adequate office space on Capitol Hill has been a major prob lem facing state government for many years; and
WHEREAS, for many years the General Assembly has been interested in providing for the orderly growth of state government facilities on Capitol Hill; and
WHEREAS, parking shortages in the Capitol area have reached a critical stage, inconveniencing elected officials, government employees, and the general public; and
WHEREAS, Georgia is one of the fastest growing states in the nation, which will result in continued increases in state government employment in the years ahead; and
WHEREAS, the increasing congestion in the Capitol Hill area has caused a growing conflict between pedestrian and motor vehicle traffic; and
WHEREAS, the Capitol complex suffers from an absence of convenience services such as banking and eating establishments in the immediate area; and
WHEREAS, major development projects are planned for the immediate vicinity of the Capitol, including the redevelopment of Underground Atlanta, the construction of a new Fulton County office complex, and renovations and expansion of the Atlanta City Hall; and
WHEREAS, the state has purchased additional land in the vicinity of the Capitol which is to be developed for state office needs in the near future; and
WHEREAS, it is critical that officials properly anticipate the total space needs of the state government in order to effectively manage the utilization of existing space under con stantly fluctuating conditions; and
WHEREAS, it is critical that future development surrounding the Capitol enhance the aesthetic appeal of this historic area; and
WHEREAS, the last major plan for the Capitol complex was completed in 1974 and has never been updated despite changes in area highway development and changes in state office needs; and
WHEREAS, the authors of the last study called for the periodic update of the propos als, including annual updates on projected employment, space, and parking needs, as well as a major review of plan assumptions and recommendations with each change in adminis tration.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Capitol Hill Master Plan Commission to be composed of nine members as follows: two members of the Senate appointed by the President of the Senate; two members of the House of Representatives appointed by the Speaker of the

THURSDAY, MARCH 12, 1987

2543

House; and five citizens appointed by the Governor. In making appointments to the commission the Governor shall include individuals who are experienced in the area of urban development, such as engineers, architects, planners, and others with similar backgrounds. At its first meeting the commission shall elect a chairman and such other officers from its own membership as the commission finds necessary or appropriate.
BE IT FURTHER RESOLVED that the commission may study the issues and prob lems described in this resolution and such other matters as may be relevant to establishing a master plan for the development of the Capitol Hill area. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to carry out its duties and accomplish its objectives under this resolution. The legislative members of the commission shall receive the allowances authorized for legis lative members of interim committees for attending meetings of the commission but shall receive the same for no more than ten days, unless additional days are authorized by the President of the Senate and the Speaker of the House. The citizen members of the commission may be reimbursed for travel and other actual and necessary expenses incur red by them in attending meetings of the commission in the same manner as state officials are reimbursed for expenses in carrying out their official duties. Subject to the approval of the President of the Senate and the Speaker of the House, the commission may contract with or employ consultants or technical personnel to assist the commission in carrying out its duties, but the commission shall utilize state personnel for such purpose to the extent practicable. 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. The commission shall propose a master plan for the development of the Capitol Hill area and shall submit it to the General Assembly and to the Governor by December 31, 1987, on which date the commission shall stand abolished.

The following amendment was read and withdrawn:

The Committee on State Institutions and Property moves to amend SR 147 by strik ing from line 1 on page 3 the word "nine" and inserting in lieu thereof the word "seven".
By striking from line 5 on page 3 the word "five" and inserting in lieu thereof the word "three".

The following substitute, offered by Representative Lee of the 72nd, was read and adopted:

A RESOLUTION
Creating the Park of Honor Study Committee; and for other purposes.
WHEREAS, the State of Georgia takes enormous pride in the fact that the state has produced a significant number of nationally prominent persons, historic figures, and statesmen; and
WHEREAS, statuary of famous Georgians has been placed within the capitol building and on its grounds at various locations; and
WHEREAS, with ever-increasing development of the Capitol Hill area and the con stant shortage of office space within the capitol building, future honors by statute, memo rial, or monument can only be bestowed upon a paltry few of many deserving Georgians and only on a space-available basis; and
WHEREAS, the development of a unique area dedicated to those persons who have contributed significantly to Georgia's history would allow proper recognition of these prominent citizens; and

2544

JOURNAL OF THE HOUSE,

WHEREAS, A Park of Honor would be a tremendous asset to the redevelopment of the historic capitol and downtown areas.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Park of Honor Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives and five members of the Senate appointed by the President of the Senate. The first meeting of the committee shall be held after the appointment of the membership. At such meeting, the committee shall choose a chairman and a vice-chairman from among its membership. The chairman shall call all further meetings of the commit tee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recom mend any actions or legislation which the committee deems necessary or appropriate. The committee specifically shall explore the feasibility, costs, site selection, and availability of funding for a Park of Honor. 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. In the event the committee makes a report of its findings and recom mendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1987, on which date the committee shall stand abolished.

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

Y Aaron Y Adams.G
Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey YBalkcom Y Bannister Y Bargeron Y Barnett.B Y Bamett,M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks
Brown YBuck Y Buford YByrd Y Carrell 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 Couch YCox Y Crawford
Y Crosby Y Cummings Y Davis.G
Davis.M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer
Y Godbee Y Goodwin
Green Y Greene Y Greer Y Gresham Y Griffin
Y Groover Y Hamilton
Hanner Y Harris Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb Y Holmes
Y Hooks Y Hudson Y Isakson Y Jackson.J Y Jackson.W
Y Jamieson Y Johnson.D
Y Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford
Lawler Y Lawrence
Lawson YLee Y Under YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Milam Milford Y Mobley Y Moody Y Moore Y Morton

Mostiler Y Moultrie Y Mueller Y Oliver
Y Orrock Y Padgett
Pannell Y Parham Y Parrish
Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves Y Redding
Richardson Ricketson Y Robinson.C
Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield

Y Sizemore Y Smith,L
Y Smith,P Y Smith.T Y Smith,W Y Smyre YSnow
Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas,C Y Thomas.M Y Thompson Y Thurmond Y Townsend
Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams,B Y Williams,J
Wilson YWood Y Workman Y Yeargin Y Young
Murphy,Spkr

On the adoption of the Resolution, by substitute, the ayes were 157, nays 0.

THURSDAY, MARCH 12, 1987

2545

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

SR 92. By Senators Peevy of the 48th, Brown of the 46th and Holloway of the 12th:
A RESOLUTION
Creating the Land Information System Joint Study Committee; and for other pur poses.
WHEREAS, local governments have a crucial need for detailed and current informa tion regarding tracts of land located within their jurisdictions; and
WHEREAS, such information has a significant impact on a local government's decision-making abilities in such areas as tax appraisal, road development and mainte nance, zoning, and growth management; and
WHEREAS, in order to assist in decision making, land information should be organ ized and available in a manner that is retrievable and usable by state and local officials and citizens; and
WHEREAS, Barrow County has initiated a pilot program to develop a county-wide Land Information System which will provide this much needed data and information to assist the county and the region in making optimum use of land; and
WHEREAS, the Barrow County pilot program has generated wide-spread interest from other local governments, the Area Planning and Development Commissions, and vari ous citizen interest groups; and
WHEREAS, further study needs to be undertaken to determine the feasibility of developing on a state-wide basis land information systems and standards and procedures for such systems.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Land Information System Joint Study Committee, to be composed of ten members: two members of the Senate appointed by the President of the Senate; two members of the House of Representatives appointed by the Speaker of the House; the Secretary of State or his designee; the commissioner of natural resources or his designee; the commissioner of transportation or his designee; the commissioner of com munity affairs or his designee; and two members appointed by the Governor, one from the membership of the Association of County Commissioners of Georgia and one from the membership of the Georgia Municipal Association. The President of the Senate shall appoint one of the members of the Senate as chairman.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recom mend any actions or legislation which the committee deems necessary or appropriate. 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 Senate and House of Representatives shall receive the allowances authorized for legis lative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of govern ment. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 15, 1987, on which date the committee shall stand abolished.

The following Committee substitute was read and adopted:

2546

JOURNAL OF THE HOUSE,

A RESOLUTION
Creating the Land Information System Joint Study Committee; and for other pur poses.
WHEREAS, local governments have a crucial need for detailed and current informa tion regarding tracts of land located within their jurisdictions; and
WHEREAS, such information has a significant impact on a local government's decision-making abilities in such areas as tax appraisal, road development and mainte nance, zoning, and growth management; and
WHEREAS, in order to assist in decision making, land information should be organ ized and available in a manner that is retrievable and usable by state and local officials and citizens; and
WHEREAS, Barrow County has initiated a pilot program to develop a county-wide Land Information System which will provide this much needed data and information to assist the county and the region in making optimum use of land; and
WHEREAS, the Barrow County pilot program has generated wide-spread interest from other local governments, the Area Planning and Development Commissions, and vari ous citizen interest groups; and
WHEREAS, further study needs to be undertaken to determine the feasibility of developing on a state-wide basis land information systems and standards and procedures for such systems.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Land Information System Joint Study Committee, to be composed of ten members: two members of the Senate appointed by the President of the Senate; two members of the House of Representatives appointed by the Speaker of the House; the Secretary of State or his designee; the commissioner of natural resources or his designee; the commissioner of transportation or his designee; the commissioner of com munity affairs or his designee; and two members appointed by the Governor, one from the membership of the Association of County Commissioners of Georgia and one from the membership of the Georgia Municipal Association. The members of the committee shall elect one of the members to serve as chairman.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recom mend any actions or legislation which the committee deems necessary or appropriate. 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 Senate and House of Representatives shall receive the allowances authorized for legis lative 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 of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legis lation, if any, such report shall be made on or before December 15, 1987, on which date the committee shall stand abolished.

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

Aaron Y Adams.G Y Adams.M

Y Aiken Y Alford
Alien

Y Athon Y Atkins Y Bailey

Balkcom Y Bannister Y Bargeron

Y Barnett.B Y Barnett.M Y Beck

THURSDAY, MARCH 12, 1987

2547

Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell 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 Couch YCox Y Crawford
Y Crosby Y Cummings Y Davis.G Y Davis.M

Dixon Dobbs Y Dover Dunn
Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty YHays
Heard Y Hensley
Herbert Y Holcomb Y Holmes
Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson

Y Johnson,D Y Johnson.R Y Kilgore
Y Kingston Y Lane,D Y Lane,R Y Langford
Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Milam Y Milford Y Mobley Y Moody Y Moore Y Morton
Mostiler Y Moultrie Y Mueller Y Oliver
Orrock Y Padgett

Pannell
Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V YRandall Y Ransom
YRay Y Reaves
Redding Richardson Y Ricketson Y Robinson,C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L Y Smith.P

Y Smith.T Y Smith.W YSmyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker,L
YWall Ware
Y Watson
Y Watts Y White
Wilder Y Williams.B Y Williams,J
Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy.Spkr

On the adoption of the Resolution, by substitute, the ayes were 156, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HR 47. By Representatives Thompson of the 20th and Lawler of the 20th:
A RESOLUTION
Creating the Elderly Volunteer Service Credit Study Committee; and for other pur poses.
WHEREAS, elderly persons are a valuable resource as volunteers for programs for the elderly in this state; and
WHEREAS, many of these same elderly will not be able to pay for needed services in the future; and
WHEREAS, it is a public policy goal of this state that every senior citizen should have access to services; and
WHEREAS, a study should be made to determine whether older persons volunteering their services to other elderly citizens should be given credit for those services, with the credit applicable toward services needed by the volunteer or spouse at a later time.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the Elderly Volunteer Service Credit Study Committee to be composed of five members of the House of Representatives appointed by the Speaker of the House, who shall also designate one of the members as chairman. The committee shall study the feasibility of initiating a state-wide, computer based volunteer service credit pro gram under which persons who are 60 years of age or older may volunteer their services to other persons aged 60 years and over and receive credit for providing such volunteer services, which credit may then be drawn upon when volunteers or their spouses are deter mined to need services included in the volunteer credit program.

2548

JOURNAL OF THE HOUSE,

BE IT FURTHER RESOLVED that the committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exer cise 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, on or before December 15, 1987, for con sideration at the 1988 session of the General Assembly of Georgia, at which time the committee shall stand abolished.

The following Committee substitute was read and adopted:

A RESOLUTION
Creating the Elderly Volunteer Service Credit Study Committee; and for other pur poses.
WHEREAS, elderly persons are a valuable resource as volunteers for programs for the elderly in this state; and
WHEREAS, many of these same elderly will not be able to pay for needed services in the future; and
WHEREAS, it is a public policy goal of this state that every senior citizen should have access to services; and
WHEREAS, a study should be made to determine whether older persons volunteering their services to other elderly citizens should be given credit for those services, with the credit applicable toward services needed by the volunteer or spouse at a later time.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the Elderly Volunteer Service Credit Study Committee to be composed of five members of the House of Representatives appointed by the Speaker of the House, who shall also designate one of the members as chairman. The committee shall study the feasibility of initiating a state-wide, computer based volunteer service credit pro gram under which persons who are 60 years of age or older may volunteer their services to other persons aged 60 years and over and receive credit for providing such volunteer services, which credit may then be drawn upon when volunteers or their spouses are deter mined to need services included in the volunteer credit program.
BE IT FURTHER RESOLVED that the committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exer cise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The committee shall make a report of its findings and recom mendations, with suggestions for proposed legislation, if any, on or before December 15, 1987, for consideration at the 1988 session of the General Assembly of Georgia, at which time the committee shall stand abolished.

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

Y Aaron YAdams.G YAdama,M

Y Aiken Y Alford Y Alien

Y Athon Y Atkins Y Bailey

Balkcom Y Bannister Y Bargeron

Barnett,B Y Barnett.M Y Beck

THURSDAY, MARCH 12, 1987

2549

Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks Y Brown YBuck
Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childera Y Childs
Y Clark.B Y Clark,L Y Colbert
Coleman Colwell Y Connell Y Cooper Y Couch YCox Y Crawford Y Crosby Y Cummings Y Davis,G Y Davis.M

Dixon Dobbs Y Dover Dunn Y Edwards Y Felton Y Floyd Foster Y Galer YGodbee Y Goodwin Y Green Y Greene Y Greer
Y Gresham Griffin
Y Groover Y Hamilton
Manner Y Harris Y Hasty YHays
Heard Y Hensley
Herbert Y Holcomb Y Holmes
Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson, W Y Jamieson

Johnson,D Y Johnson,R Y Kilgore Y Kingston Y Lane,D
Y Lane,R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord
Lucas Lupton Mangum Y Martin McDonald Y McKelvey McKinney Milam Y Milford
Y Mobley Y Moody Y Moore
YMorton Mostiler
Y Moultrie Y Mueller Y Oliver
Orrock Y Padgett

Pannell Y Parham
Y Parrish Patten
Y Peters Y Pettit
Phillips
Y Pinkston Y Pittman Y Porter
Y Powell Y Prichard Y Rainey
Y Ramsey.T Y Ramsey.V YRandall Y Ransom YRay Y Reaves Y Redding
Richardson Ricketson Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield
Sizemore Y Smith.L Y Smith.P

Y Smith.T Y Smith.W
Y Smyre YSnow Y Stancil
Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas,M Y Thompson Y Thurmond
Townsend Y Triplett
Twiggs Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Ware Y Watson
Y Watts Y White
Wilder Williams.B Y Williams,J
Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy ,Spkr

On the adoption of the Resolution, by substitute, the ayes were 143, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

SB 366. By Senator Howard of the 42nd:
A bill to amend Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure of security interest in personalty, so as to change the provisions relating to authority to foreclose and executions relating thereto; to change the provisions relating to petitions for and issuance of writs of possession.

The following Committee substitute was read:

A BILL
To amend Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure of security interest in personalty, so as to change the provisions relating to authority to foreclose and executions relating thereto; to change the provisions relating to petitions for and issuance of writs of possession; to change the provi sions relating to summonses and answers thereto; to provide for forms; to change the provisions relating to failure to answer and failure to open defaults; to provide for certain orders; to change the provisions relating to trials of the issues and retention of property pending final outcome; to change the provisions relating to payments into court; to change certain references to justices of the peace; to change the provisions regarding posting of bond; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosures on personalty, is amended by striking subsec tion (a) of Code Section 44-14-230, relating to authority to foreclose, and inserting in its place a new subsection to read as follows:

2550

JOURNAL OF THE HOUSE,

"(a) Any person holding a security interest on personal property under a transaction governed by this part or by Title 11, the 'Uniform Commercial Code," and wishing to foreclose the security interest shall be authorized to foreclose the security interest and shall be entitled to an execution directed to all and singular the sheriffs, the marshals, the constables, or their lawful deputies^ of this state, which execution shall command the sale of the secured property to satisfy the amount due from the debtor, together with the costs of the proceedings to foreclose the security interest in accordance with the procedure specified in this partz together with an order directing the defendant or the party in possession to turn over to the sheriff, the marshal, the constable, or their lawful deputies the property sought to be foreclosed upon as provided for in subsection (d) of Code Section 44-14-233."
Section 2. Said part is further amended by striking Code Section 44-14-231, relat ing to petition for writ of possession, and inserting in its place a new Code section to read as follows:
"44-14-231. Upon a statement of the facts under oath, any person holding a security interest on personal property and wishing to foreclose the security interest may petition, by affidavit, either in person or by his agent or attorney in fact or at law, for a writ of possession before any judge of the superior court, any magistrate, any judge of any other court having jurisdiction over such proceedings, or any clerk of any such court within the county where the debtor may reside or where the secured property is located. If the person holding the security interest is not a resident of the county where the debtor resides or where the secured property is located, any oath required by this Code section may be made before a judge of any court of record within this state and for warded with the petition to the appropriate judge, magistrate, or clerk in the county where the debtor may reside or where the secured property is located."
Section 3. Said part is further amended by striking Code Section 44-14-232, relat ing to summons and time for answer, and inserting in its place a new Code section to read as follows:
"44-14-232. (a) When the petition provided for in Code Section 44-14-231 is made, the judge, the justice the magistrate, or the clerk shall grant and issue a summons as prescribed in this Code section to the sheriff, his deputy or marshal, or any lawful con stable of the county where the debtor resides or the secured property is located. Service shall be made by the officer by delivering a copy of the summons attached to a copy of the petition to the defendant personally; or, if the officer is unable to serve the defendant personally, service may be had by delivering the summons and the petition to any person sui juris residing on the premises; or, if no such person is found residing on the premises after reasonable effort, service may be had by tacking a copy of the summons and the petition on the door of the premises and, on the same day of the tacking, by enclosing, directing, stamping, and mailing by first class first-class mail a copy of the summons and the petition to the defendant at his last known address, if any, and making an entry of this action on the petition filed in the case.
(b) The summons served on the defendant pursuant to subsection (a) of this Code section shall command and require the defendant to appear at a hearing e a day ecr-

days from the date th summons was served answer either orally or in writing within seven days from the date of the actual service unless the seventh day is a Saturday, a Sunday, or a legal holiday, in which case the answer may be made on the next day which is not a Saturday, a Sunday, or a legal holiday.
(c) It shall be the obligation of the debtor to advise the secured creditor of any change of his address subsequent to the date of the granting of the security interest.
(d) The form of the summons shall be uniform in every county of this State and is prescribed as follows:

'IN THE _______ COURT OF __________ COUNTY

STATE OF GEORGIA

(Style of case)

CIVIL ACTION

NO.

THURSDAY, MARCH 12, 1987

2551

SUMMONS TO THE ABOVE NAMED DEFENDANT:
The defendant ______ herein ________ hereby commanded and required personally or by attorney to file with the Clerk of the ___________ Court of ____________ County (insert location) within seven days from the date of service of the within affidavit and summons, or on the first business day thereafter if the seventh day falls on a Saturday, a Sunday, or a legal holiday, then and there to answer said affidavit in writing or orally. If the defendant fails to answer on or before the seventh day from the date of service, the defendant may reopen the default as a matter of right by making an answer within seven days after the date of the default notwithstanding the provision of Code Section 9-11-55 of the Official Code of Georgia Annotated. If the seventh day is a Saturday, a Sunday, or a legal holiday, the answer may be made on the next day which is not a Saturday, a Sunday, or a legal holiday. The last possible date on which the defendant may answer is the _____ day of ___________, 19____. If answer is not so made, a writ of possession shall issue against you as by law provided, pursuant to plaintiffs affidavit.
Witness the Honorable _________________1 Judge of said Court. This _____ day of _________, 19____.

Service perfected on defendant, this day of____________, 19

Clerk. Court of____________County

Sheriff, deputy, marshal or constable'"
Section 4. Said part is further amended by striking Code Section 44-14-233, relat ing to answers and opening defaults, and inserting in its place a new Code section to read as follows:
"44-14-233. (a} At er before the tins* ef the hearing, the defendant ay answer -m writing. The defendant may afee answer eraHy at th time of the hearing. K th answer is oral; the substance thereof shall be endorsed by the court en the petition. T-he answer may contain any legal er equitable defense er counterclaim. If the defendant fails to answer on or before the date ef the hearing provided in subsection (b) of Code Section 44-14-232. the defendant may reopen the default as a matter of right by making an answer within seven days after the date of the default notwithstanding the provisions of Code Section 9-11-55. If the seventh day is a Saturday, a Sunday, or a legal holiday, the answer may be made on the next day which is not a Saturday, a Sunday, or a legal holiday.
(b) If the defendant fails to answer or open the default, the court shall grant a writ of possession and, if otherwise permitted by this part, the plaintiff shall be entitled to a verdict and a judgment by default in open court or in chambers and without the inter vention of a jury for all of the amount due, together with costs, as if every item and paragraph of the affidavit provided for in Code Section 44-14-231 were supported by proper evidence.
(c) The defendant may answer either in writing or orally. If the defendant answers orally, the substance thereof shall be endorsed by the court on the petition. The answer may contain any legal or equitable defense or counterclaim. If the defendant answers, a trial of any issue requiring trial the issues shall be had in accordance with the proce dure prescribed for civil actions in courts of record. The trial shall net be heW before seve days have elapsed from the date of the hearing. Every effort shall be made by the trial court to expedite a trial of the issues and place the case on the next available

2552

JOURNAL OF THE HOUSE,

calendar. However, the trial shall not be held before seven days have elapsed from the date the defendant files his answer. The defendant shall be allowed to remain in posses sion of the secured property pending the final outcome of the litigation, provided that the defendant complies with Code Section 44-14-234.
(d) The court shall issue an order directing the defendant or person in possession of property sought to be foreclosed to turn over said property to the sheriff, marshal, con stable, or their lawful deputies whenever that court issues a writ of possession for per sonal property pursuant to this part.
(e) A suggested form for the order authorized under subsection (d) of this Code section is as follows:

'IN THE _______ COURT OF __________ COUNTY

STATE OF GEORGIA

(Style of case)

CIVIL ACTION

NO.

ORDER A writ of possession having been issued against the defendant for ; to be foreclosed upon, it is:
ORDERED that the defendant or the party in possession of the property speci fied in that writ of possession be and that person hereby is directed to turn over to the sheriff, marshal, or constable of _________ County or his lawful depu ties, or to any sheriff, marshal, or constable of this state or their lawful deputies, the (describe property), instanter, or advise said officer of the location of the prop erty if same is not in defendant's possession.
SO ORDERED, this _______ day of _________,19 ___.

PRESENTED BY:

JUDGE

Attorney's name and address'"
Section 5. Said part is further amended by striking paragraphs (1) and (2) of Code Section 44-14-234, relating to payments into court, and inserting in their place the follow ing:
\ i) WI16F6 Lfl6 1SSUC OI WflCtlMJF OT HOI t/C plSlfltltt ft89 tllG ri^tll tO IOFGC1O9G tjl6
right of possession cannot be finally determined at the hearing scheduled pursuant te Code Section 44-14-232 within two weeks from the date of service of the copy of the summons, the defendant shall be required to pay into the registry of the trial court:
(A) All past due amounts which are admitted to be due and for which there are no allegations of defenses or claims which, if proven, would offset said amounts alleged past due; and
(B) All amounts of unaccelerated payments which become due after the issuance of the summons as said amounts of payments become due; provided, however, that, in lieu of the payments, the defendant shall be allowed to submit a receipt to the court indicating that the payments have been made to the secured creditor. In the event that the amount of the payments actually due or to become due is in controversy, the court shall determine the amount to be paid into the court in the same manner as provided in paragraph (2) of this Code section;
(2) If the plaintiff and the defendant disagree as to the amounts actually due or to become due, the court shall determine the amounts at the hearing scheduled pwsuant te Code Section 44-14-232 set a hearing date to determine the amount to be paid into the court. At the hearing, the parties may submit to the court any evidence of the amounts actually due or to become due, including any security agreement and evidence of any claims or defenses arising out of the same transaction, for the purpose of establishing the actual amount of the payments to be paid into the registry of the court;".

THURSDAY, MARCH 12, 1987

2553

Section 6. Said part is further amended by striking Code Section 44-14-237, relat ing to transfer of property after posting bond, and inserting in its place a new Code section to read as follows:
"44-14-237. In all cases where the defendant may desire to transfer, remove, or convey any of the secured property after the service of the summons and after having an opportunity to be heatd answer, the defendant shall post bond for the delivery of the property at the time and place of sale. The bond shall be with good security for a sum equal to the value of the property or the amount of the alleged remaining balance, whichever is less. The value of the property shall be estimated by the judge, the justice magistrate, or the clerk. Upon the approval of the bond by the judge, the justice magis trate, or the clerk, the defendant may transfer, remove, or convey such property as may be approved by the judge, the justice magistrate, or the clerk."
Section 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Dunn of the 73rd moves to amend the Committee substitute to SB 366 by striking lines 1 through 5 of page 1 and inserting in lieu thereof the following:
"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 change the provisions relat ing to authority to foreclose and executions relating to security interests in personalty; to change the provisions".
By adding at the end of line 15 of page 1 the following:
"to provide for the filing of liens created pursuant to Section 107 of Title I of the fed eral Superfund Amendments and Reauthorization Act of 1986, P.L. 99-499, 100 STAT. 1613, 1630; to provide an effective date;".
By striking lines 18 through 20 of page 1 and inserting in lieu thereof the following:
"Section 1. Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, is amended by striking".
By striking from line 13 of page 2, line 1 of page 3, line 17 of page 5, line 28 of page 7, line 32 of page 8, and line 7 of page 9 the following:
"part",
and inserting in lieu thereof the following:
"chapter".
By adding between lines 24 and 25 of page 9 the following:
"Section 8. Said chapter is further amended by adding at the end of Part 10 of Article 8, relating to miscellaneous liens, a new Code Section 44-14-517 to read as follows:
'44-14-517. Pursuant to the authority granted to states by Section 107 of Title I of the federal Superfund Amendments and Reauthorization Act of 1986, P.L. 99-499, 100 STAT. 1613, 1630, all liens imposed pursuant to such subsection shall be filed in the office of the clerk of the superior court of the county in this state in which the real property subject to the lien is located and shall be filed in the same manner as deeds are recorded.' Section 9. (a) Section 8 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, (b) Sections 1 through 7 of this Act shall become effective on July 1, 1987."
By striking from line 25 of page 9 the following:
"Section 8",

2554

JOURNAL OF THE HOUSE,

and inserting in lieu thereof the following: "Section 10".

The Committee substitute, as amended, was adopted.

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

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Bamett.M YBeck Y Benefleld YBenn Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks Y Brown
YBuck Y Buford
Byrd Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers Y Childs Y Clark.B Y Clark.L

Y Colbert Coteman Colwell
Y Connell Y Cooper
Couch
Cox
Y Crawford Y Crosby
Y Cummings Y Davis,G Y Davis.M Y Dixon
Dobbs Y Dover
Dunn
Y Edwards Y Felton Y Floyd
Y Foster Y Galer YGodbee
Y Goodwin Y Green
Greene Y Greer Y Gresham
Y Griffin Y Groover Y Hamilton
Manner Y Harris Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson
Y Isakson Y Jackson,J Y Jackson.W Y Jamieson
Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin
Y McDonald Y McKelvey
McKinney Milam Y Milford
Y Mobley Y Moody Y Moore Y Morton

Mostiler
Y Moultrie Y Mueller Y Oliver
Y Orrock Y Padgett Y Pannell Y Parham
Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinks ton Y Pittraan Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T Y Ramsey.V Y Randall
Y Ransom YRay Y Reaves
Redding Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith.L
Y Smith.P Y Smith.T
Smith.W Y Smyre
YSnow Y Stancil Y Stanley Y Steinberg Y Stephens
Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplett
Twiggs Waddle Y Waldrep Y Walker.C Y Walker.L
Y Wall Ware
Y Watson Y Watts Y White
Wilder Y Williams.B Y WilliamsJ
Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HR 77. By Representatives Holmes of the 28th, Royal of the 144th, Adams of the 36th, Milam of the 81st, Felton of the 22nd and others:
A RESOLUTION
Urging the Governor to create a Governor's Commission on Growth Strategy; and for other purposes.
WHEREAS, there is a continuing decline of population and economic growth in the rural areas of the state; and
WHEREAS, on the other hand, the continuing unprecedented population and busi ness growth in the urban areas of this state, although creating welcome economic oppor tunities, imposes severe stress upon the environment where the growth is greatest; and

THURSDAY, MARCH 12, 1987

2555

WHEREAS, this decline in the rural areas causes severe hardship in many rural communities throughout the state by decreasing employment opportunities in those communities, lessening tax revenues available for government services in those areas, and retarding local capital formation needed to fund business enterprise in these areas; and
WHEREAS, the decline also contributes to the population migration to the highgrowth urban areas of the state; and
WHEREAS, such migration depletes the rural areas of important human resources whose lives were based upon a strong work ethic and threatens to destroy forever the rural way of life; and
WHEREAS, those human resources, together with often underutilized rural natural resources, could contribute to an economic resurgence in the rural areas under the proper circumstances; and
WHEREAS, not only are the state's natural resources, such as air and water, being subjected to the stress of such urban growth, but the governmental services upon which much of the growth depends, including roads, garbage collection and disposal, and edu cation, are also being subjected to enormous demands; and
WHEREAS, except for the limited authority granted the General Assembly under Article III, Section VI, Paragraph II(a)(l) of the Constitution to establish certain "restric tions upon land use in order to protect and preserve the natural resources, environment, and vital areas of this state," and that granted under Article IX, Section II, Paragraph IV of the Constitution to provide for zoning procedures, insufficient legal authority exists for the General Assembly to exercise the planning powers needed to assure orderly and controlled growth in the state; and
WHEREAS, comprehensive and state-wide growth planning is essential to the con tinued economic growth of the entire state; and
WHEREAS, the Governor and the General Assembly need sound advice upon which to rely in meeting the challenge of sustaining controlled, balanced, economic growth throughout all areas of the state.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that this body urges the Governor to appoint a Governor's Commission on Growth Strategy to study the aforementioned problems and the issues relating thereto and to make recommendations to the Governor and the General Assembly regarding possible solu tions to these problems.

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

Y Aaron YAdams.G
YAdams.M Aiken
YAlford Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M Y Beck Y Benefield

Y Benn Y Birdsong
Y Bishop Y Bostick Y Branch
Bray Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Carrell 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 Couch Y Cox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis,M

Y Dixon Y Dobbs
Y Dover Dunn
Y Edwards Felton
Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin

Y Groover Y Hamilton
Y Hanner Y Harris Y Hasty Y Hays
Heard Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks
Hudson Y Isakson Y Jackson,J Y Jackson.W

2556

JOURNAL OF THE HOUSE,

Y Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston YLane.D YLane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Under
YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McDonald

Y McKelvey McKinney Milam
Y Milford
Y Mobley Y Moody
Moore
Y Morton Mostiler
Y Mouitrie Y Mueller Y Oliver Y Orrock Y Padgett Y Pannell Y Parham
Parrish Y Patten Y Peters Y Pettit

Y Phillips Pinkston
Y Pittman Y Porter
Powell Y Prichard
Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson,? Y Royal
Y Selman

Y Shepard
Y Sherrod Y Simpson
Y Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smith,W Y Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas,C Y Thomas,M Y Thompson
Y Thurmond Y Townsend

Y Triplet! Y Twiggs
Waddle Y Waldrep
Y Walker.C Y Walker,L YWall
Ware Y Watson Y Watts YWhit* Y Wilder Y Williams.B Y Williams,J
Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy.Spkr

On the adoption of the Resolution, the ayes were 160, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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

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

HB 949. By Representatives Aiken of the 21st and Hasty of the 8th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to certain provisions of local government law applicable to counties and municipal corporations, so as to change certain provisions relat ing to required permits for disturbing burial places in the course of land development.

The President has appointed on the part of the Senate the following: Senators Brannon of the 51st, Coleman of the 1st and Scott of the 2nd.

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

SB 231. By Senators Deal of the 49th, Newbill of the 56th and Dawkins of the 45th:
A bill to amend Code Section 20-2-942 of the Official Code of Georgia Anno tated, relating to procedure for nonrenewal of contract or demotion after acceptance by teacher of school year contract for fourth consecutive school year and procedure for nonrenewal of contract or demotion by another local board of education.

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

SB 180. By Senators Phillips of the 9th, Burton of the 5th and Albert of the 23rd:
A bill to amend Chapter 18 of Title 31 of the Official Code of Georgia Anno tated, relating to registration and treatment of certain disabled or injured

THURSDAY, MARCH 12, 1987

2557

persons, so as to include handicapped newborn persons among those who are required to be registered with the Department of Human Resources for later referral and treatment; to change the legislative 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 Y Adams.G Y Adams.M Y Aiken Y Alford
Alien Athon Y Atkins Y Bailey Y Balkcom Y Bannister Bargeron Y Barnett,B Y Barnett,M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Branch YBray Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance Cheeks Y Childers Y Childs Y Clark.B Y Clark.L

Y Colbert Y Coleman Y Colwell N Connell Y Cooper Y Couch YCox Y Crawford Y Crosby Y Cummings Y Davis,G Y Davis,M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Green Y Greene Y Greer Y Gresharn Y Griffin
Y Groover Y Hamilton
Y Banner Y Harris
Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb Y Holmes
Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson, W
Y Jamieson Johnson,D
Y Johnson.R Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord Y Lucas Y Lupton
Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morion

Mostiler Y Moultrie Y Mueller
Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson
Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith.L Y Smith,? Y Smith.T Y Smith, W
Y Smyre YSnow
Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas,C Y Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs
Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y WilliamsJ
Wilson Y Wood Y Workman Y Yeargin
Young Murphy,Spkr

On the passage of the Bill, the ayes were 160, nays 1. The Bill, having received the requisite constitutional majority, was passed.

SB 47. By Senator Barnes of the 33rd:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers, so as to change provisions relating to liability insurance for and indemnification of public officers, officials, and employees; to clarify which officers, officials, and employees may be covered.

The following amendments were read and adopted:

Representative Birdsong of the 104th moves to amend SB 47 by inserting on line 9 of page 1 between "bodies;" and "to" the following:
"to provide that law enforcement officers directing or escorting funeral processions shall enjoy the same immunities from liability as such officers possess in the perfor mance of other official duties;".
By inserting between lines 13 and 14 of page 3 the following:

2558

JOURNAL OF THE HOUSE,

"Section 2. Said title is further amended by inserting immediately following Code Section 45-9-3 a new Code section, to be designated Code Section 45-9-3.1, to read as follows:
'45-9-3.1. Any law enforcement officer who is directing or escorting a funeral proces sion in this state, whether such service is provided while on duty or not, shall enjoy the same immunities from liability as the officer possesses while in the performance of other official duties.'"
By striking from line 14 of page 3 the following:
"Section 2.",
and inserting in its place the following:
"Section 3.".
By striking from line 14 of page 4 the following:
"Section 3.",
and inserting in its place the following:
"Section 4."

Representative McDonald of the 12th moves to amend SB 47 by changing the word "shall" to "may" on page 4, line 12.

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

Y Aaron Y Adams,G Y Adams.M Y Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey Y Balkcom Y Bannister
Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks Y Brown YBuck Y Buford
YByrd Y Carrell
Y Carter Chambless
Y Chance Y Cheeks Y Childers
Y Childs Y Clark,B
Clark.L

Y Colbert Y Coleman Y Colwell Y Connell Y Cooper
Couch YCox
Y Crawford Y Crosby Y Cummings
Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards
Y Felton Y Floyd
Y Foster Y Galer YGodbee Y Goodwin
Y Green Y Greene Y Greer Y Gresham
Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb
Holmes
Y Hooks Y Hudson Y Isakson Y Jackson,J
Y Jackson, W Y Jamieson
Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord Y Lucas Y Lupton Y Mangum
Martin Y McDonald
Y McKelvey McKinney
Y Milam Milford
Y Mobley Y Moody
Y Moore Y Morton

Mostiler Y Moultrie
Y Mueller Y Oliver
Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson,P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield

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

THURSDAY, MARCH 12, 1987

2559

On the passage of the Bill, as amended, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SR 126. By Senator Howard of the 42nd:
A RESOLUTION
Creating the Economic Development Through Historic Preservation Joint Study Committee; and for other purposes.
WHEREAS, historic preservation has been one of the least recognized major economic development tools in Georgia; and
WHEREAS, during the 1986 legislative interim, a Senate and a House study commit tee initiated a review of historic preservation efforts in selected areas of the state; and
WHEREAS, these study committees received information and economic data which clearly indicated that the investment capital applied to historic preservation projects has a substantial multiplier effect on the local economy of cities and towns across the state; and
WHEREAS, historic preservation increased considerably such economic indicators as the number of jobs created, tax revenues generated, increased retail sales, growth in capital invested, and increased efficiency through the use of existing utility networks and govern mental infrastructure; and
WHEREAS, these indicators are in addition to the more obvious ones of increased tourism and the attraction of new business through the esthetic enhancement of the down town district in those cities engaged in preservation projects; and
WHEREAS, it is essential that the state and local governments in Georgia realize to their fullest the potential economic benefits of this very powerful financial catalyst.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Economic Development Through Historic Preservation Joint Study Committee to be composed of 12 members: five members to be appointed by the President of the Senate; five members to be appointed by the Speaker of the House of Representatives; and two members to be appointed by the Governor. The President of the Senate shall appoint one of the members of the Senate as chairman. The historic preservation section of the Department of Natural Resources shall be authorized to assist the committee in its investigations.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recom mend any actions or legislation which the committee deems necessary or appropriate. 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 Senate and House of Representatives shall receive the allowances authorized for legis lative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of govern ment. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 15, 1987, on which date the committee shall stand abolished.

The following Committee substitute was read and adopted:

2560

JOURNAL OF THE HOUSE,

A RESOLUTION
Creating the Economic Development Through Historic Preservation Joint Study Committee; and for other purposes.
WHEREAS, historic preservation has been one of the least recognized major economic development tools in Georgia; and
WHEREAS, during the 1986 legislative interim, a Senate and a House study commit tee initiated a review of historic preservation efforts in selected areas of the state; and
WHEREAS, these study committees received information and economic data which clearly indicated that the investment capital applied to historic preservation projects has a substantial multiplier effect on the local economy of cities and towns across the state; and
WHEREAS, historic preservation increased considerably such economic indicators as the number of jobs created, tax revenues generated, increased retail sales, growth in capital invested, and increased efficiency through the use of existing utility networks and govern mental infrastructure; and
WHEREAS, these indicators are in addition to the more obvious ones of increased tourism and the attraction of new business through the esthetic enhancement of the down town district in those cities engaged in preservation projects; and
WHEREAS, it is essential that the state and local governments in Georgia realize to their fullest the potential economic benefits of this very powerful financial catalyst.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Economic Development Through Historic Preservation Joint Study Committee to be composed of six members: two members to be appointed by the President of the Senate; two members to be appointed by the Speaker of the House of Representatives; and two members to be appointed by the Governor. The members of the committee shall elect one of the members to serve as chairman. The historic preser vation section of the Department of Natural Resources shall be authorized to assist the committee in its investigations.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recom mend any actions or legislation which the committee deems necessary or appropriate. 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 Senate and House of Representatives shall receive the allowances authorized for legis lative 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 of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legis lation, if any, such report shall be made on or before December 15, 1987, on which date the committee shall stand abolished.

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

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

Y Alford Y Alien
Y Athon Y Atkins

Y Bailey Balkcom
Y Bannister Bargeron

Y Barnett.B Y Barnett.M
Y Beck Y Benefield

Y Benn Y Birdsong
Y Bishop Y Bostick

THURSDAY, MARCH 12, 1987

2561

Y Branch YBray Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell 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 Couch
Cox Y Crawford
Y Crosby Y Cummings
Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn

Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green
Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty YHays
Heard Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson, W Y Jamieson
Johnson.D Y Johnson,R Y Kilgore

Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson
YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore
Morton Mostiler Y Moultrie Y Mueller Y Oliver Orrock Y Padgett Pannell Y Parham

Y Parrish Y Patten Y Peters Y Pettit Y Phillips Y Pinkston Y Pittman
Y Porter Y Powell Y Prichard Y Rainey
Y Ramsey.T Y Ramsey.V
Randall
Y Ransom YRay Y Reaves
Redding Richardson Y Ricketson Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T

Y Smith.W Y Smyre YSnow
Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs
Waddle Y Waldrep
Walker.C Walker.L
Y Wall Ware
Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J
Wilson Y Wood Y Workman Y Yeargin
Young Murphy.Spkr

On the adoption of the Resolution, by substitute, the ayes were 152, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

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

SB 231. By Senators Deal of the 49th, Newbill of the 56th and Dawkins of the 45th:
A bill to amend Code Section 20-2-942 of the Official Code of Georgia Anno tated, relating to procedure for nonrenewal of contract or demotion after acceptance by teacher of school year contract for fourth consecutive school year and procedure for nonrenewal of contract or demotion by another local board of education.

Representative Sizemore of the 136th moved that the House insist on its position in substituting SB 231.
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 179. By Senators Barnes of the 33rd, Dean of the 31st, McKenzie of the 14th and others:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to revise and make editorial corrections; to specify age limits for enrollment in general and special education; to revise applicability of compulsory attendance; to revise administration of first grade readiness; to provide for maximum class sizes to be established by the State Board of Education.

2562

JOURNAL OF THE HOUSE,

The following Senate amendment was read:

Amend the House substitute to SB 179 by striking from line 3 and line 4 of page 2 the following:
"to provide for a uniform school starting date for students;". By striking from line 13 and line 14 of page 11 the following: "unless they attain the age of 21 by September 1 or", and inserting in lieu thereof the following: "through age 21 or until they". By striking from line 7 and line 8 of page 115 the following: "and within the authority granted by the Constitution and this Title", and inserting in lieu thereof the following: "this article". By adding on line 9 of page 115 after the following: "article.", the following: "If a local board of education fails to comply with any provision of this article, compliance shall be enforced pursuant to Code Section 20-2-243." By striking from line 9, line 10, and line 11 of page 116 the following: "adopted or promulgated pursuant to and within the authority granted by the Con stitution and this title", and inserting in lieu thereof the following:
ddoptcd ot pFOWIul(Qicd pursuftnt to snd within tftc ftuthop11y gFctHtcd oy tft oon* atitution and this title pursuant to this article".
By adding on line 4 of page 164 after the following: "20-2-213",
the following: "and as one of the components in the comprehensive evaluation pursuant to Code
Section 20-2-282".

Representative Mangum of the 57th moved that the House agree to the Senate amendment to the House substitute to SB 179.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G
Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom

Y Bannister Y Bargeron Y Barnett,B
Y Barnett,M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick

Y Branch
Bray Y Brooks Y Brown
YBuck Y Buford YByrd Y Carrell 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 Couch YCox
Y Crawford Y Crosby N Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs

THURSDAY, MARCH 12, 1987

2563

Y Dover Y Dunn Y Edwards
Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Y Hanner Y Harris Y Hasty Y Hays
Heard
Y Hensley Y Herbert N Holcomb
Y Holmes Y Hooks

Y Hudson Y Isakson Y Jackson.J
Y Jackson, W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson Y Lee
Y Linder Y Long Y Lord Y Lucas Y Lupton
Y Mangum Y Martin Y McDonald
Y McKelvey McKinney

Y Milam Y Milford Y Mobley
Y Moody Y Moore Y Morton
Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Peters Y Pettit Y Phillips
Pinkston Y Pittman
Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T

On the motion, the ayes were 167, nays 4. The motion prevailed.

Y Ramsey.V Y Randall Y Ransom
Y Ray Y Reaves Y Redding
Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield
Y Sizemore Y Smith.L Y Smith.P Y Smith.T Y Smith,W
Y Smyre Y Snow Y Stancil
Y Stanley Y Steinberg

Y Stephens Y Thomas.C Y Thomas.M
Y Thompson Y Thurmond Y Townsend Y Triplet! N Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
N White Y Wilder Y Williams.B Y Williams,J
Wilson
Y Wood Y Workman Y Yeargin
Y Young Murphy,Spkr

Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 387 Do Pass
Respectfully submitted, /s/ Adams of the 36th
Chairman

By unanimous consent, the following Bill of the Senate was taken up for consideration and read the third time:

SB 387. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to authorize Chatham 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; 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.

The following Resolutions of the House were read and adopted:

2564

JOURNAL OF THE HOUSE,

HR 518. By Representative Byrd of the 153rd: A resolution commending Ms. Susan Elaine Taylor.

HR 519. By Representatives Smith of the 152nd, Byrd of the 153rd, Moody of the 153rd, Moore of the 139th, Parham of the 105th and others:
A resolution commending Dr. James L. McQuig, Sr.

HR 520. By Representatives Byrd of the 153rd and Moody of the 153rd: A resolution expressing sympathy at the passing of Honorable Larry Contos.

HR 521. By Representatives Smith of the 152nd and Murphy of the 18th:
A resolution recognizing and commending Ron Rowland Chevrolet Oldsmobile, Inc., and Mr. Ron Rowland.

HR 522. By Representative Dunn of the 73rd: A resolution commending the Coasters Dinner Club in Stockbridge.

HR 523. By Representative Reaves of the 147th: A resolution commending the Echols County FFA Forestry Team.

HR 524. By Representatives Walker of the 115th, Lee of the 72nd, Edwards of the 112th, Groover of the 99th, Connell of the 87th and others:
A resolution wishing Honorable Thomas B. Murphy a "Happy Birthday".

HR 525. By Representative Clark of the 55th: A resolution commending Ms. Rubye Galloway.

HR 526. By Representatives Smith of the 152nd and Murphy of the 18th: A resolution commending Lee Meats, Inc., and Mr. Roy D. Lee.

HR 527. By Representative Smith of the 152nd: A resolution recognizing Benton Brothers Ford Company.

HR 528. By Representative Smith of the 152nd:
A resolution recognizing and expressing appreciation to D. L. Lee Meats and its owners and employees.

HR 529. By Representatives Dover of the llth and Jamieson of the llth: A resolution recognizing Karen Kubek.

HR 530. By Representatives Dover of the llth and Jamieson of the llth:
A resolution recognizing Lorra Anne Poole and congratulating her upon her selection as a delegate to the United States Senate Youth Program.

HR 531. By Representatives Byrd of the 153rd and Moody of the 153rd:

THURSDAY, MARCH 12, 1987

2565

A resolution commending Mr. William Kirby Rea.

HR 532. By Representative Hanner of the 131st: A resolution commending the Lady Greenwave Basketball Team.

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

SB 96. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-12 of the Official Code of Georgia Anno tated, relating to licensing and inspection of private and public child welfare agencies and facilities, so as to prohibit the Department of Human Resources from regulating the curriculum taught in group day-care homes or day-care centers; to require persons who operate group day-care homes and day-care centers to post telephone numbers of the nearest or applicable providers of emergency medical, fire, or police services.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 96

The Committee of Conference on SB 96 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 96 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Hudgins
Senator, 15th District
/s/ Roy E. Barnes benator, 33rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Thomas M. Kilgore Representative, 42nd District
/s/ Tom Crosby> Jr Representative, 150th District

M Culver Kidd Senator, 25th District

Is/ Suzi Herbert Representative, 76th District

A BILL
To amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to change the provisions relating to reserves, income, and resources to be disregarded in calculating public assistance benefits; to change provisions relating to disre garded income; to provide that, for purposes of applying the $50.00 child support disregard provided for in Title IV of the federal Social Security Act, amounts paid to dependents by the Social Security Administration under the Old Age Survivors and Disability Insur ance (OASDI) program and by the Veterans Administration and any other family benefits not assignable to the state pursuant to Title IV of the federal Social Security Act shall not be considered child support; to provide that the Department of Human Resources shall have subpoena power to secure income and other financial information relative to the eligibility of recipients in instances of alleged fraud by recipients of food stamps and public assistance; to provide for related matters; to provide that the Department of Human Resources shall not be authorized to prescribe, question, or regulate the specific content of educational curriculum taught or specify what play and program materials a group day-care home or day-care center shall use; to require persons who operate group

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day-care homes and day-care centers to post telephone numbers of the nearest or appli cable providers of emergency medical, fire, or police services; to provide certain space requirements for group day-care homes and day-care centers; to change certain provisions relating to the refusal of a license to a child welfare agency applicant; to provide an effec tive date; to provide for repeal of certain amendments; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by striking Code Section 49-4-6, relating to reserves, income, and resources to be disregarded in calculating public assistance benefits, in its entirety and inserting in its place a new Code Section 49-4-6 to read as follows:
"49-4-6. (a) In determining eligibility for and the amount and kind of public assis tance to be provided, the board shall prescribe by regulations reasonable emergency reserves and the income and resources which may be exempt and disregarded. With respect to any category of assistance, the income and resources to be disregarded shall not be in excess of the amounts and kinds authorized under the federal Social Security Act and shall not be less than the amounts and kinds of income and resources required to be disregarded by the federal Social Security Act and any other act of Congress relat ing to the assistance programs in which federal financial participation is authorized under Titles IV, XVI, XIX, and XX of the federal Social Security Act.
(b) For purposes of applying the $50.00 child support disregard provided for in Title IV of the federal Social Security Act, amounts paid by the Social Security Administra tion under the Old Age Survivors and Disability Insurance (OASDI) program, payments made by the Veterans Administration to the family, and any other benefits not assign able to the state pursuant to Title IV of the federal Social Security Act shall not be considered child support."
Section 2. Said title is further amended by adding a new Code section immediately following Code Section 49-4-15, to be designated Code Section 49-4-15.1, to read as fol lows:
"49-4-15.1. The department may examine any books, papers, or memoranda reflect ing the income of, or financial records bearing upon the determination of the eligibility of, recipients in instances of alleged fraud by recipients of food stamps and public assis tance. This process may be implemented by means of a subpoena which may be issued by a departmental hearing examiner who has at least five years' actual experience in conducting hearings and issuing compulsory process and who, in addition, shall be a member in good standing of the State Bar of Georgia. In order to consider the issuance of such subpoenas, the director of the department's office of fraud and abuse must personally make application in writing to such hearing examiner specifying why such information is necessary. If issued, such subpoenas shall compel the production of rele vant documents. Subpoenas shall be served in the same manner as if issued by a supe rior court. If any person fails to obey a subpoena issued and served under this Code section with respect to any matter germane to the department's investigation, on appli cation of the department, through the commissioner of human resources or his duly authorized representative, the superior court of the county in which the documents were required to be produced may issue an order requiring the person to comply with the subpoena and to produce the relevant documents."
Section 3. Said title is further amended by adding at the end of subsection (b) of Code Section 49-5-12, relating to licensing and inspection of private and public child wel fare agencies and facilities, three new paragraphs, to be designated paragraphs (5), (6), and (7), to read as follows:
"(5) The department shall not be authorized to prescribe, question, or regulate the specific content of educational curriculum taught or specify what play and program materials a group day-care home or day-care center shall use.
(6) Persons who operate group day-care homes and day-care centers shall be required to post in a conspicuous place next to any telephone in a group day-care home

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or day-care center the telephone numbers of the nearest or applicable providers of emer gency medical, police, and fire services.
(7) Group day-care homes and day-care centers shall provide a minimum of 35 square feet of usable space consisting of indoor play areas, rest areas, and dining facili ties for each child present in the facility. Group day-care homes and day-care centers will be allowed to designate in writing to the department a daily two-hour period after school during which 25 square feet of usable space per child for children aged three years and older may be provided. Notwithstanding the provisions of this paragraph, all other applicable rules and regulations shall apply."
Section 4. Said title is further amended by striking paragraph (1) of subsection (e.l) of Code Section 49-5-12, relating to licensing and inspection of private and public child welfare agencies and facilities, and inserting in its place a new paragraph (1) to read as follows:
"(1) Sporadic noneompliance Noncompliance with those rules and regulations the Rules and Regulations for Day Care Centers, Family Day Care Homes, or Group Day Care Homes as adopted by the Board of Human Resources which are designated in writ ing to the facilities as being related to children's health and safety;".
Section 5. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Subsection (b) of Code Section 49-4-6, as amended by Section 1 of this Act, is repealed effective on the date on which the federal acts referenced herein or any federal regulations or interpretations of such act or regulations by the federal agency or a judicial decision binding on the State of Georgia are amended or changed to allow federal financial participation in AFDC payments which treat social security disability benefits or veterans' benefits in the same manner as other child support payments."
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Crosby of the 150th moved that the House adopt the report of the Committee of Conference on SB 96.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron
Y Adams.G Y Adams.M Y Aiken
N Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield NBenn Y Birdsong
Bishop Y Bostick Y Branch
Bray N Brooks N Brown YBuck Y Buford YByrd Y Carrell Y Carter N Chambless Y Chance Y Cheeks

Y Childere Y Childs N Clark,B
Clark.L Y Colbert
Coleman Y Colwell Y Connell Y Cooper Y Couch YCox N Crawford
Y Crosby Y Cummings N Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn
Y Edwards Y Felton Y Tloyd Y Foster
Galer
Y Godbee Y Goodwin Y Green Y Greene Y Greer N Gresham Y Griffin

Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty YHays
Heard Y Hensley Y Herbert Y Holcomb N Holmes
Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson, W N Jamieson N Johnson,D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane,R
Langford Y Lawler N Lawrence Y Lawson YLee N Under YLong YLord N Lucas

N Lupton Y Mangum N Martin
McDonald
Y McKelvey McKinney
Y Milam N Milford Y Mobley Y Moody Y Moore YMorton
Mostiler Y Moultrie Y Mueller Y Oliver N Orrock Y Padgett
Pannell Y Parham Y Parrish
Patten
Y Peters Y Pettit Y Phillips
Pinkston Y Pittman N Porter
N Powell N Prichard YRainey Y Ramsey.T

Ramsey.V N Randall Y Ransom
Ray Y Reaves N Redding
Richardson Y Ricketson
Robinson.C Y Robinson,? Y Royal
Selman N Shepard Y Sherrod Y Simpson N Sinkfield Y Sizemore Y Smith,L Y Smith,? Y Smith,T
Smith.W Y Smyre YSnow
N Stancil N Stanley N Steinberg Y Stephens N Thomas,C N Thomas,M Y Thompson
N Thurmond N Townsend

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Y Triplett Y TwiggB Y Waddle YWaldrep

N Walker.C Y Walker.L Y Wall
Ware

Y Watson Y Watts N White Y Wilder

On the motion, the ayes were 120, nays 37. The motion prevailed.

Y Williams.B N Williams,J
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 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 315. 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 change certain provisions relating to 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 Kidd of the 25th, Garner of the 30th and Harrison of the 37th.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

HB 917. By Representatives Childs of the 53rd, Richardson of the 52nd, Steinberg of the 46th, Williams of the 48th, Williams of the 54th and others:
A bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement.

The President has appointed on the part of the Senate the following: Senators Howard of the 42nd, Walker of the 43rd and Tysinger of the 41st.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 652. By Representatives Triplett of the 128th and Murphy of the 18th:
A bill to amend Code Section 40-6-181 of the Official Code of Georgia Anno tated, relating to maximum motor vehicle speed limits, so as to authorize the commissioner of transportation, in conformity with federal law, to increase certain maximum speed limits.

The President has appointed on the part of the Senate the following:

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2569

Senators Coleman of the 1st, Dean of the 31st and Fincher of the 54th.

The Senate insists on its amendment to the following Bill of the House:

HB 1036. By Representatives McDonald of the 12th, Murphy of the 18th and Walker of the 115th:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Anno tated, relating to the Department of Community Affairs, so as to confirm and provide that the Department of Community Affairs shall have the authority to make grants to counties and municipalities, or combinations thereof, for projects and purposes to the extent and for purposes set forth in appropria tions to the department.

Representative Triplett of the 128th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:
Your Committee on Transportation has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 368 Do Pass
Respectfully submitted, /s/ Triplett of the 128th
Chairman

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 315. 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 change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in this chapter.

Representative Childers of the 15th moved that the House adhere to its position in substituting SB 315 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, Moore of the 139th and Pannell of the 122nd.

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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HB 1036.

By Representatives McDonald of the 12th, Murphy of the 18th and Walker of the 115th:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Anno tated, relating to the Department of Community Affairs, so as to confirm and provide that the Department of Community Affairs shall have the authority to make grants to counties and municipalities, or combinations thereof, for projects and purposes to the extent and for purposes set forth in appropria tions to the department.

Representative McDonald of the 12th moved that the House insist on its position in disagreeing to the Senate amendment to HB 1036 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, Walker of the 115th and Coleman of the 118th.

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

Mr. Speaker:
The Senate has adopted the reports of the Committees of Conference on the following Bills of the House:

HB 185. By Representatives Bray of the 91st, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions relating to the deadline for transmission of certain qualifying fees to the superintendent of the county or the Secretary of State; to change the provisions relating to the filing deadline for certain notices of candidacy.

HB 557. By Representatives Wood of the 9th and Watson of the 114th:
A bill to amend Code Section 34-9-151 of the Official Code of Georgia Anno tated, relating to definitions of terms regarding group self-insurance funds for workers' compensation benefits, so as to allow the employees of a trade or professional association to be covered under a group self-insurance fund established by the members of such association.

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

HB 185. By Representatives Bray of the 91st, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions relating to the deadline for transmission of certain qualifying fees to the superintendent of the county or

THURSDAY, MARCH 12, 1987

2571

the Secretary of State; to change the provisions relating to the filing deadline for certain notices of candidacy.
The President has appointed as a second Committee of Conference the following: Senators Kidd of the 25th, Hudgins of the 15th and Walker of the 43rd.

The Senate has appointed a second Committee of Conference on the following Bill of the House:
HB 557. By Representatives Wood of the 9th and Watson of the 114th:
A bill to amend Code Section 34-9-151 of the Official Code of Georgia Anno tated, relating to definitions of terms regarding group self-insurance funds for workers' compensation benefits, so as to allow the employees of a trade or professional association to be covered under a group self-insurance fund established by the members of such association.

The President has appointed as a second Committee of Conference the following: Senators Barnes of the 33rd, Edge of the 28th and Baldwin of the 29th.

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

HB 185. By Representatives Bray of the 91st, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions relating to the deadline for transmission of certain qualifying fees to the superintendent of the county or the Secretary of State; to change the provisions relating to the filing deadline for certain notices of candidacy.

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

COMMITTEE OF CONFERENCE REPORT ON HB 185

The Committee of Conference on HB 185 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 185 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Culver Kidd
Senator, 25th District
/s/ Gene Walker benator, 43rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Claude A- Brav- JrRepresentative, 91st District
/s/ Bob Holmes Representative, 28th District

Is/ Hudgins Senator, 15th District

/s/ Cathey W. Steinberg Representative, 46th District

A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for procedures for appealing certain decisions of the Secretary of State

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JOURNAL OF THE HOUSE,

regarding the qualifications of candidates for federal or state office; to provide for proce dures for appealing certain decisions of an election superintendent regarding the qualifica tions of candidates for county office; to change certain provisions relating to the creation of joint hoards of elections and joint boards of elections and registrations; to provide for certain election functions which may be performed by counties; to change certain provi sions relating to the deadline for transmission of certain qualifying fees to the superintend ent of the county or the Secretary of State; to change the provisions relating to the filing deadline for certain notices of candidacy; to provide that in certain primaries and elec tions, an elector's current address shall be entered on a voter's certificate; to provide that the Secretary of State shall certify to the election superintendent of certain counties the names of all persons who have filed notices of intention to be write-in candidates with the Secretary of State; to provide that if the death or disqualification of a candidate after nomination for any public office, except an office filled by a nonpartisan primary, would at the time of such event result in there being no candidate for that office on the ballot in the general election, then the vacancy shall be filled by a special primary which shall be open only to the party of such deceased or disqualified candidate and the office shall be filled by a special election as provided in Code Section 21-2-540; to change the provi sions relating to the closing of qualifying for certain primaries; to change the provisions relating to the deadline for filing certain notices of candidacy; to change certain provisions relating to the selection of candidates for the office of President of the United States to appear on ballots; to change certain provisions relating to procedures for withdrawal of certain candidates; to provide that in the event that the final day to register to vote in a special primary or election occurs on a Saturday, Sunday, or legal holiday, the final day to register to vote will be the next following business day; to provide that certain ballots may be bound together in books of 25, 50, or 100; to provide that absentee ballots may be requested not more than 180 days prior to the date of a primary or election; to provide that special write-in absentee ballots may be requested not earlier than 180 days prior to an election; to provide that votes cast in certain primaries for candidates who have died, withdrawn, or been disqualified and votes cast in certain elections for candidates who have died or have been disqualified shall be void and shall not be counted; to provide for an alternative method of voting for certain handicapped electors who are unable to vote on a voting machine; to provide for ballots and accommodations; to provide that in certain cases where the court declares a primary or election to be invalid with regard to certain nominations, offices, or eligibility, the court shall call for the primary or election to be con ducted again among the same candidates who participated in the original primary or elec tion to fill such nomination or office; to provide for procedures for appealing certain decisions of a municipal superintendent regarding the qualifications of candidates for municipal office; to change certain provisions relating to municipal authorization of coun ties to conduct certain municipal elections; to provide for certain election functions which may be performed by counties; to provide that in the event the final day to register to vote in a municipal special primary or election occurs on a Saturday, Sunday, or legal holi day, the final day for registration will be the next following business day; to provide that certain municipal ballots may be bound together in books of 25, 50, or 100; to provide that in municipal primaries and elections, an elector's current address shall be entered on a voter's certificate; to provide that votes cast in certain municipal primaries for candidates who have died, withdrawn, or been disqualified and votes cast in certain municipal elec tions for candidates who have died or have been disqualified shall be void and shall not be counted; to provide for an alternative method of voting for certain handicapped munici pal electors who are unable to vote on a voting machine; to provide for ballots and accom modations; 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 subsection (d) of Code Section 21-2-5, relating to qualifications of candidates for federal or state office, and inserting in its place a new subsection (d) to read as follows:

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"(d) The candidate or the elector filing the challenge or the candidate challenged shall have the right to appeal the decision of the Secretary of State by filing a petition in the superior eeart having jurisdiction in accordance with Article 13 ef this chapter. Superior Court of Fulton County within ten days after the entry of the final decision by the Secretary of State. The filing of the petition shall not itself stay the decision of the Secretary of State; however, the reviewing court may order a stay upon appropriate terms for good cause shown. As soon as possible after service of the petition, the Secre tary of State shall transmit the original or a certified copy of the entire record of the proceedings under review to the reviewing court. The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the Secretary of State as to the weight of the evidence on ques tions of fact. The court may affirm the decision or remand the case for further proceed ings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions of the Secretary of State are:
(1) In violation of the Constitution or laws of this state; (2) In excess of the statutory authority of the Secretary of State; (3) Made upon unlawful procedures; (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 an abuse of discretion or a clearly unwarranted exercise of discretion. An aggrieved party may obtain a review of any final judgment of the superior court by the Court of Appeals or the Supreme Court, as provided by law."
Section 2. Said title is further amended by striking subsection (d) of Code Section 21-2-6, relating to qualifications of candidates for county office, and inserting in its place a new subsection (d) to read as follows:
"(d) The candidate ef the elector filing the challenge or the candidate challenged shall have the right to appeal the decision of the superintendent by filing a petition in the superior court having jurisdiction in accordance with Article 43 ef this chapter, of the county in which the candidate resides within ten days after the entry of the final decision by the superintendent. The filing of the petition shall not itself stay the deci sion of the superintendent; however, the reviewing court may order a stay upon appro priate terms for good cause shown. As soon as possible after service of the petition, the superintendent shall transmit the original or a certified copy of the entire record of the proceedings under review to the reviewing court. The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the superintendent as to the weight of the evidence on questions of fact. The court may affirm the decision or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions of the super intendent are:
(1) In violation of the Constitution or laws of this state; (2) In excess of the statutory authority of the superintendent; (3) Made upon unlawful procedures; (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 an abuse of discretion or a clearly unwarranted exercise of discretion. An aggrieved party may obtain a review of any final judgment of the superior court by the Court of Appeals or the Supreme Court, as provided by law."
Section 3. Said title is further amended by striking Code Section 21-2-45, relating to creation of joint boards of elections and boards of elections and registrations, and inserting in its place a new Code Section 21-2-45 which reads as follows:

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"21-2-45. (a) The General Assembly may by local Act create a joint countymunicipal board of elections in any county of this state for that county and any munici pality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections.
(b) The General Assembly may by local Act create a joint county-municipal board of elections and registration in any county of this state for that county and any munici pality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections and empower the board with the powers and duties of the registrars and board of registrars of that municipality and county with regard to the registration of voters and absentee-balloting procedures.
(c) The governing authority of any municipality may authorize any county within which that municipality wholly or partially lies to conduct any or all elections held pur suant to this chapter. In the event a municipality shall by ordinance authorize such county to conduct elections, such municipality may request such county to perform any or all of the functions:
(1) That the county shall perform all duties as superintendent of elections as specified under Chapter 3 of this title;
(2) That the county shall perform all duties as superintendent of elections as specified under Chapter 3 of this title, with the exception of the qualification of candi dates; or
(3) That the county shall lease or loan any or all of its election equipment to the municipality for the purpose of conducting municipal elections without any responsi bility on the part of the county for the actual conduct of the municipal election. With reference to any election, such municipality shall pay such county all costs incur red in performing those functions which the municipality has requested the county to perform; and, unless otherwise authorized, such county shall only perform those func tions specifically enumerated in the contract. Such county shall have authority to con duct elections in any and all counties in which any part of such municipality may lie."
Section 4. Said title is further amended by striking paragraphs (1) and (2) of sub section (c) of Code Section 21-2-131, relating to qualifying fees, and inserting in their place new paragraphs (1) and (2), respectively, to read as follows:
"(1) Fees paid to the county political party: 50 percent to be retained by the county political party with which the candidate qualified; 50 percent to be transmitted to the superintendent of the county with the party's certified list of candidates not later than 12:00 Noon of the tnml Wcdncaday in June fifth day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of the primary and election;
(2) Fees paid to the state political party: 50 percent to be retained by the state polit ical party; 50 percent to be transmitted to the Secretary of State with the party's certi fied list of candidates not later than 12:00 Noon of the third Wcdncaday i June fifth day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: onethird to the state treasury and two-thirds to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the cost of holding the primary and election. If the office sought by the candidate is filled by the vote of electors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presi dential election;"
Section 5. Said title is further amended by striking subsection (c) of Code Section 21-2-132, relating to filing notices of candidacy, and inserting in its place a new subsection (c) to read as follows:

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2575

"(c) All other candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this Code section in order to be eligible to have their names placed on the election ballot by the Secretary of State or election super intendent, as the case may be, in the following manner:
(1) Each candidate for federal or state office, or his agent, desiring to have his name placed on the election ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Wednesday in May and no later than 12:00 Noon on the fourteenth day second Friday following the fourth Wednesday in May in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special elec tion;
(2) Each candidate for a county office, or his agent, desiring to have his name placed on the election ballot shall file notice of his candidacy in the office of the superintendent of his county no earlier than 9:00 A.M. on the fourth Wednesday in May and no later than 12:00 Noon on the fourteenth day second Friday following the fourth Wednesday in May in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election."
Section 6. Said title is further amended by striking Code Section 21-2-133, relating to the giving of notice of intent of candidacy by write-in candidates, and inserting in its place a new Code Section 21-2-133 to read as follows:
"21-2-133. (a) No person elected on a 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 elec tion by the person to be a write-in candidate or by some other person or group of per sons qualified to vote in the subject election, as follows:
(1) In a state general or special election, to the Secretary of State and by publi cation in a paper of general circulation in the State state; or
(2) In a general or special election of county officers, to the superintendent of elec tions in the county in which he is to be a candidate and by publication in the official organ of the same county. (b) The Secretary of State shall certify to the election superintendent of each county affected at least ten days prior to the general or special election the names of all persons who have filed notices of intention to be write-in candidates with the Secretary of State."
Section 7. Said title is further amended by striking subsection (d) of Code Section 21-2-134, relating to the filling of vacancies in party nominations caused by the death or disqualification of candidates, and inserting in its place a new subsection (d) to read as follows:
"(d) If the death or disqualification of a candidate after nomination for any public office, except an office filled by a nonpartisan primary, would at the time of such event result in there being no candidate for that office on the ballot in the general election, then the office vacancy shall be filled by a special primary which shall be open only to the party of such deceased or disqualified candidate and the office shall be filled by a special election as provided in Code Section 21-2-540."
Section 8. Said title is further amended by striking subsection (c) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a primary, and inserting in its place a new subsection (c) to read as follows:
"(c) In the case of a general primary, the candidates shall commence qualifying at 9:00 A.M. on the fourth Wednesday in May and shall cease qualifying at 12:00 Noon on the fourteenth day second Friday following the fourth Wednesday in May. In the case of a special primary, the candidate shall qualify at least 15 days prior to the date of such primary."
Section 9. Said title is further amended by striking Code Section 21-2-187, relating to the holding of political body conventions, and inserting in its place a new Code Section 21-2-187 to read as follows:

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"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 second Friday following the fourth Wednesday 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 10. Said title is further amended by striking Code Section 21-2-193, relat ing to selection of candidates for office of the President of the United States to appear on ballots, and inserting in its place a new Code Section 21-2-193 to read as follows:
"21-2-193. (a) The name of any candidate for a political party or body nomination for the office of President of the United States shall be printed upon the ballot used in such primary upon the direction of a presidential candidate selection committee com posed of a nonvoting chairman who shall be the Secretary of State, and the Speaker of the House of Representatives, the majority leader of the Senate, the minority leaders of both the House and Senate, and the chairmen of the political parties and bodies who conduct a presidential preference primary pursuant to Code Section 21-2-191. The Secretary of State, during the second- first week in January December of the year pre ceding the year in which a presidential preference primary is held, shall prepare and publish a list of names of potential presidential candidates who are generally advocated or recognized in news media throughout the United States as aspirants for that office and who are members of a political party or body which will conduct a presidential preference primary in this state; provided, however, that the Secretary of State shall not include on such list the name of any potential presidential candidate who, if elected to the office of President of the United States, would be ineligible under the Constitution and laws of the United States to serve in such elected office. The Secretary of State shall submit such list of names of potential presidential candidates to the selection committee during the third second week in January December of the year preceding the year in which a presidential preference primary is held. The selection committee shall meet in Atlanta during the fourth third week in January December of the year pre ceding the year in which a presidential preference primary is held, on a date publicly announced by the chairman. Each person designated by the Secretary of State as a presidential candidate shall appear upon the ballot of the appropriate political party or body unless all committee members of the same political party or body as the candidate agree to delete such candidate's name from the ballot. The selection committee shall publicly announce and submit the names of presidential candidates who shall appear on the presidential primary ballot to the Secretary of State no later than February 1 the end of the fourth week of December of the year preceding the year a presidential prefer ence primary is held. Not later than February 6 January 1 of each year in which a presi dential preference primary is held, the Secretary of State shall notify each potential presidential candidate designated by the committee for inclusion on the primary ballot. Such notification shall be in writing by registered or certified mail with return receipt requested.
(b) Any presidential candidate whose name is not selected by the Secretary of State or whose name is deleted by the selection committee may request, in writing, to the chairman of the selection committee, prior to February W January 6 of each year in which a presidential preference primary is held, that his name be placed on the ballot. Not earlier than February W January 6, nor later than February W January 10, the Secretary of State shall convene the committee to consider such requests; provided, how ever, that the committee shall not consider any request to place the name of any poten tial presidential candidate on the ballot if such potential presidential candidate, if elected to the office of President of the United States, would be ineligible. If any member of the selection committee of the same political party or body as the candidate requests that such candidate's name be placed on the ballot, the committee shall direct
the Secretary of State to place the candidate's name on the ballot. Within five days

THURSDAY, MARCH 12, 1987

2577

after such meeting, the Secretary of State shall notify the potential presidential candi date whether or not his name will appear on the ballot."
Section 11. Said title is further amended by striking Code Section 21-2-194, relat ing to procedures for withdrawal of certain candidates, and inserting in its place a new Code Section 21-2-194 to read as follows:
"21-2-194. A candidate's name shall be printed on the appropriate primary ballot unless he submits to the Secretary of State by 12:00 Noon, February 20 January 15, in each year in which a presidential preference primary is held, an affidavit stating without qualification that he is not now and does not presently intend to become a candidate for the office of President of the United States at the upcoming nominating convention of his political party or body. If a candidate withdraws pursuant to this Code section, the Secretary of State shall notify the state executive committee of the political party or body of such candidate that the candidate's name will not be placed on the ballot."
Section 12. Said title is further amended by striking Code Section 21-2-228, relat ing 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 Saturday, Sunday2 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 elections, except when a special primary or spe cial election is held at the same time as the general primary, the registration deadline for the special primary or special election shall be the same as the general primary, and when a special primary or special election is held at the same time as the general elec tion, the registration deadline for the special primary or 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 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 13. Said title is further amended by striking subsection (b) of Code Section 21-2-286, relating to printing, numbering, and binding of ballots, and inserting in its place a new subsection (b) to read as follows:

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JOURNAL OF THE HOUSE,

"(b) Ballots shall be at least six inches long and four inches wide and shall have a margin extending beyond any printing thereon. They shall be printed with the same kind of type, which shall not be smaller than the size known as 'brevier' or 'eight point body,' upon white paper of uniform quality, without any impression or mark to distin guish one from another, and with sufficient thickness to prevent the printed matter from showing through, except that ballots being used in primaries held by more than one party may be of different colors if the parties so agree. Each ballot shall be attached to a name stub, and all the ballots for the same precinct shall be bound together in books of 25, 50j or 100, in such manner that each ballot may be detached from its stub and removed separately. The ballots for each party to be used at a primary shall be bound separately. The name stubs of the ballots shall be consecutively numbered; and, in the case of primary ballots, the number shall be preceded by an initial or abbreviation designating the party name. The number and initial or abbreviation which appears upon the stub shall also be printed in the upper portion of the front of the ballot, separated from the remainder of the ballot by a horizontal perforated line so as to constitute a number strip and so prepared that the upper portion of the front of the ballot contain ing the number may be detached from the ballot before it is deposited in the ballot box. The number strip on the ballot shall also have the following words printed thereon: 'Tear off before depositing ballot in ballot box.'"
Section 14. Said title is further amended by striking subsection (a) of Code Section 21-2-381, relating to applications for absentee ballots, and inserting in its place a new sub section (a) to read as follows:
"(a) (1) Not more than 4-20 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail or in person in the registrar's office, an application to the board of registrars of the county of the elector's residence, for an official ballot of the elector's precinct to be voted at such primary, election, or runoff. In the case of an elector residing temporarily out of the county or a physically disabled elector residing within the county, the application for the elector's absentee ballot may, upon satisfac tory proof of relationship, 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 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. Except in the case of physically dis abled 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 States, 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 pursuant to Article 5
of this chapter and for any special election or special primary.

THURSDAY, MARCH 12, 1987

2579

(2) A properly executed registration card submitted under the provisions of subparagraph (b)(2)(A) of Code Section 21-2-217, if submitted within 426 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an absentee ballot under this Code section, or for a special absentee ballot under Code Section 21-2-381.1, as appropriate."
Section 15. Said title is further amended by striking subsection (a) of Code Section 21-2-381.1, relating to procedures for voting with special write-in absentee ballots, and inserting in its place a new subsection (a) to read as follows:
"(a) Notwithstanding any other provisions of this chapter, a qualified absentee elec tor, as defined in Code Section 21-2-380, may apply not earlier than 4-30 180 days before an election for a special write-in absentee ballot. This ballot shall be for presidential electors and United States senator or representative in Congress."
Section 16. Said title is further amended by striking subsection (a) of Code Section 21-2-402, relating to preparation of voter's certificates by the Secretary of State, and inserting in its place a new subsection (a) to read as follows:
"(a) At each primary and election, the Secretary of State shall prepare and furnish to each county a suitable number of voter's certificates which shall be in substantially the following form:
VOTER'S CERTIFICATE
I hereby certify that I am qualified to vote at the (Primary or Election) held on , 19 , and that I have not and will not vote elsewhere in this
(Primary or Election) in my own name or in any other name. I understand that making a false statement on this Certificate is a felony under Code Section 21-2-562.
o i n ttu f 6 Signature
Current Address of Elector: _________
Name or initials of poll officer receiving voter's certificate: _______________ In case of physical disability or illiteracy, fill out the following:
I hereby certify that the voter is unable to sign his or her name by reason of the
following: _______________________________________________

Signature of poll officer Number of stub of ballot or number of admission to voting machine:

Section 17. Said title is further amended by striking subsection (a) of Code Section 21-2-438, relating to certain marks or mutilations which render ballots void, and inserting in its place a new subsection (a) to read as follows:
"(a) Any ballot marked so as to identify the voter shall be void and not counted, except a ballot cast by a challenged elector whose name appears on the electors list; such challenged vote shall be counted as prima facie valid but may be voided in the event of an election contest. Any ballot marked by anything but pen or pencil shall be void and not counted. Any erasure, mutilation, or defect in the vote for any candidate shall render void the vote for such candidate; but shall not invalidate the votes cast on the remainder of the ballot, if otherwise properly marked. If an elector shall mark his ballot for more persons for any nomination or office than there are candidates to be voted for such nomination or office, or if, for any reason, it may be impossible to determine his choice for any nomination or office, his ballot shall not be counted for such nomination or office; but the ballot shall be counted for all nominations or offices for which it is properly marked. Ballots not marked; or improperly or defectively marked; so that the whole ballot is void, shall be set aside and shall be preserved with the other ballots. In primaries, votes cast for candidates who have died, withdrawn, or been disqualified shall

2580

JOURNAL OF THE HOUSE,

be void and shall not be counted. In elections, votes for candidates who have died or been disqualified shall be void and shall not be counted."
Section 18. Said title is further amended by adding a new subsection at the end of Code Section 21-2-452, relating to voting procedures generally, to be designated subsec tion (h), to read as follows:
"(h) The superintendent shall make paper ballots available for handicapped electors who, due to their handicap, are unable to vote on a voting machine. Absentee ballots may be used for this purpose. The superintendent shall provide sufficient accommoda tions to permit such handicapped elector to vote in private."
Section 19. Said title is further amended by striking subsection (d) of Code Section 21-2-527, relating to pronouncement of judgment in election contests, and inserting in its place a new subsection (d) to read as follows:
"(d) Whenever the court trying a contest shall determine that the primary or elec tion is so defective as to the nomination, office, or eligibility in contest as to place in doubt the result of the entire primary or election for such nomination, office, or eligi bility, such court shall declare the primary or election to be invalid with regard to such nomination, office, or eligibility and shall call for a second primary or election to be con ducted among the same candidates who participated in the original primary or election to fill such nomination or office."
Section 20. Said title is further amended by striking subsection (d) of Code Section 21-3-3, relating to qualifications of candidates for municipal office, and inserting in its place a new subsection (d) to read as follows:
"(d) The candidate er th elector filing the challenge or the candidate challenged shall have the right to appeal the decision of the superintendent by filing a petition in the superior court havinf jurisdiction i accordance with Article 13 ef- this chapter, rclating te contested primaries and elections, of the county in which the candidate resides within ten days after the entry of the final decision by the superintendent. The filing of the petition shall not itself stay the decision of the superintendent; however, the reviewing court may order a stay upon appropriate terms for good cause shown. As soon as possible after service of the petition, the superintendent shall transmit the original or a certified copy of the entire record of the proceedings under review to the reviewing court. The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the superintendent as to the weight of the evidence on questions of fact. The court may affirm the decision or remand the case for further proceedings. The court may reverse or modify the deci sion if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions of the superintendent are:
(1) In violation of the Constitution or laws of this state; (2) In excess of the statutory authority of the superintendent; (3) Made upon unlawful procedures; (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 an abuse of discretion or clearly unwarranted exercise of discretion. An aggrieved party may obtain a review of any final judgment of the superior court by the Court of Appeals or the Supreme Court, as provided by law."
Section 21. Said title is further amended by striking subsection (a) of Code Section 21-3-10, relating to authorization of certain counties to conduct certain municipal elections, and inserting in its place a new subsection (a) to read as follows:
"(a) The governing authority of any municipality may authorize any county within which that municipality wholly or partially lies to conduct any or all elections held pur suant to this chapter. In the event a municipality shall by ordinance authorize such county to conduct elections, such municipality may request such county to perform any

THURSDAY, MARCH 12, 1987

2581

municipality* with reference TO ctny election* ouch county, sitci* consu11&tton with the
those Itinct1ons imposed Dy this chftpter^ which functions such municipality nds ret)uesteu such county to pertorm.' with reference to flny election* such mumcip&iity skat} pay seh county H eests incurred in performing these functions which the municipftiity hfts Fecjuested the couhty to perlorm* Etnd, unless otheTwise ftuthopized f such eowrfy shall only perform those functions specifically enumerated m the contract. Sweh county 9ufill hflvc flutnority to conduct elections IR stny &nd fill counties tti which sny part ef such municipality may her :
(1) That the county shall perform all duties as superintendent of elections as specified under this chapter;
(2) That the county shall perform all duties as superintendent of elections as specified under this chapter, with the exception of the qualification of candidates; or
(3) That the county shall lease or loan any or all of its election equipment to the municipality for the purpose of conducting municipal elections without any responsi bility on the part of the county for the actual conduct of the municipal election. With reference to any election, such municipality shall pay such county all costs incur red in performing those functions which the municipality has requested the county to perform; and, unless otherwise authorized, such county shall only perform those func tions specifically enumerated in the contract. Such county shall have authority to con duct elections in any and all counties in which any part of such municipality may lie."
Section 22. Said title is further amended by striking Code Section 21-3-126, relat ing to deadlines for receiving certain municipal 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 election or if such date is a Saturday, Sunday, or a legal holiday, then on the next following business day, except when a special primary or special election is held at the same time as the general primary, the registration deadline for the special primary or special election shall be the same as the general primary, and when a special primary or special elec tion is held at the same time as the general election, the registration deadline for the special primary or 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;
(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.

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JOURNAL OF THE HOUSE,

At the close of the registrars' business on the fifth day {if or if such date is a Satur day, Sundayj or a legal holiday, then on the next following business day) day, after the call of such special primary or election, the registrars shall cease taking applica tions from persons desiring to register to vote therein, except when a special primary is held at the same time as the general primary, the registration deadline for the spe cial 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; 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 23. Said title is further amended by striking subsection (a) of Code Section 21-3-188, relating to printing, numbering, and binding of municipal ballots, and inserting in its place a new subsection (a) to read as follows:
"(a) Ballots shall be at least six inches long and four inches wide and shall have a margin extending beyond any printing thereon. They shall be printed with the same kind of type, which shall not be smaller than the size known as 'brevier' or 'eight point body,' upon white paper of uniform quality, without any impression or mark to distin guish one from another, and with sufficient thickness to prevent the printed matter from showing through, except that ballots being used in primaries held by more than one party may be of different colors if the parties so agree. Each ballot shall be attached to a name stub, and all the ballots for the same precinct shall be bound together in books of 25, 50j or 100, in such manner that each ballot may be detached from its stub and removed separately. The ballots for each party to be used at a primary shall be bound separately. The name stubs of the ballots shall be consecutively numbered; and, in the case of primary ballots, the number shall be preceded by an initial or abbreviation designating the party name. The number and initial or abbreviation which appears upon the stub shall also be printed in the upper portion of the front of the ballot, separated from the remainder of the ballot by a horizontal, perforated line so as to constitute a number strip, and so prepared that the upper portion of the front of the ballot contain ing the number may be detached from the ballot before it is deposited in the ballot box. The number strip on the ballot shall also have the following words printed thereon: 'Tear off before depositing ballot in ballot box.'"
Section 24. Said title is further amended by striking subsection (a) of Code Section 21-3-311, relating to preparation of voter's certificates by municipal superintendents, and inserting in its place a new subsection (a) to read as follows:
"(a) At each primary and election, each superintendent shall prepare a suitable number of voter's certificates, which shall be in substantially the following form:
VOTER'S CERTIFICATE I hereby certify that I am qualified to vote at the (primary or election) held on _____, 19__, and that I have not and will not vote elsewhere in this (primary or election).
Signature ____________________ Current address of elector: __________________________________
Name or initials of poll officer receiving voter's certificate: _______________ In case of physical disability or illiteracy, fill out the following:
I hereby certify that the voter is unable to sign his or her name by reason of the
following: _____________________________________________

Or

Signature of poll officer

THURSDAY, MARCH 12, 1987

2583

Number of stub of ballot or number of admission to voting machine:

Section 25. Said title is further amended by striking subsection (b) of Code Section 21-3-346, relating to procedures for counting and returning votes, and inserting in its place a new subsection (b) to read as follows:
"(b) Any ballot marked so as to identify the voter shall be void and not counted, except a ballot cast by a challenged elector whose name appears on the electors list; such challenged vote shall be counted as prima facie valid but may be voided in the event of an election contest. Any ballot marked by anything but pen or pencil shall be void and not counted. Any erasure, mutilation, or defect in the vote for any candidate shall render void the vote for such candidate but shall not invalidate the votes cast on the remainder of the ballot, if otherwise properly marked. If an elector shall mark his ballot for more persons for any nomination or office than there are candidates to be voted for such nomination or office2 or if2 for any reason^ it may be impossible to determine his choice for any nomination or office, his ballot shall not be counted for such nomination or office; but the ballot shall be counted for all nominations or offices for which it is properly marked. Unmarked ballots; or ballots improperly or defectively marked so that the whole ballot is void shall be set aside and shall be preserved with other ballots. In primaries, votes cast for candidates who have died, withdrawn, or been disqualified shall be void and shall not be counted. In elections, votes for candidates who have died or been disqualified shall be void and shall not be counted."
Section 26. Said title is further amended by adding a new subsection at the end of Code Section 21-3-362, relating to municipal voting procedures generally, to be desig nated subsection (g), to read as follows:
"(g) The superintendent shall make paper ballots available for handicapped electors who, due to their handicap, are unable to vote on a voting machine. Absentee ballots may be used for this purpose. The superintendent shall provide sufficient accommoda tions to permit such handicapped elector to vote in private."
Section 27. All laws and parts of laws in conflict with this Act are repealed.
Representative Bray of the 91st moved that the House adopt the report of the second Committee of Conference on HB 185.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford
Y Alien YAthon Y Atkins Y Bailey Y Balkcom
Y Bannister Bargeron
Y Barnett.B Y Barnett.M Y Beck Y Benefield Y Benn
Birdsong Y Bishop
Y Bostick Y Branch Y Bray Y Brooks
Y Brown Buck
Y Buford Y Byrd

Y Carrell Y Carter Y Chambless Y Chance Y Cheeks
Y Childers YChilds
Clark,B Y Clark.L Y Colbert
Y Coleman Y Colwell Y Connell Y Cooper
Couch Y Cox Y Crawford Y Crosby Y Cummings
Y Davis.G Y Davis.M Y Dixon
Dobbs
Y Dover Dunn
Y Edwards Felton

Y Floyd Y Foster
Galer Y Godbee Y Goodwin
Y Green Y Greene Y Greer Y Gresham Y Griffin
Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Hays
Heard Y Hensley
Herbert
Y Holcomb Y Holmes Y Hooks
Hudson
Y Isakson Y Jackson,J Y Jackson.W Y Jamieson

Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane.D
Y Lane.R Y Langford
Lawler Lawrence Y Lawson
Y Lee Y Linder Y Long Y Lord Y Lucas
Lupton Y Mangum Y Martin Y McDonald
Y McKelvey McKinney
Y Milam Y Milford
Y Mobley Y Moody
Moore Y Morton

Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock
Y Padgett Pannell
Y Parham Parrish
Y Patten
Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard
Rainey
Y Ramsey.T Ramsey.V
Y Randall Y Ransom
Y Ray Reaves
Y Redding Y Richardson

2584

JOURNAL OF THE HOUSE,

Ricketson Y Robinson.C Y Robinson.P Y Royal
Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith.L
Smith.P Y Smith.T
Y Smith, W Y Smyre Y Snow Y Stancil Y Stanley

Y Steinberg Y Stephens
Thomas.C Y Thomas.M
Thompson Y Thurmond
Townsend Y Triplett Y Twiggs

On the motion, the ayes were 143, nays 0. The motion prevailed.

Y Waddle Y Waldrep Y Walker.C
Walker.L
Y Wall Ware
Y Watson Y Watts
White

Y Wilder Y Williams.B Y Williams J
Wilson
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 amendment and has appointed a Committee of Conference on the following Bill of the House:

HB 541. By Representative Athon of the 57th:
A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide that a bank or storage facility must be licensed, accredited, or approved under the laws of this state; to provide that a hospital shall maintain a written cooperative agreement with at least one bank or storage facility for the purpose of pro curing anatomical gifts.

The President has appointed on the part of the Senate the following: Senators Howard of the 42nd, Hine of the 52nd and Crumbley of the 17th.

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

SB 28. By Senator Kidd of the 25th:
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 state employee injured in the line of duty shall be entitled to his regular compen sation for the period of time that any such state employee is physically unable to perform the duties of his employment.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 107. By Representative Richardson of the 52nd:
A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Anno tated, relating to consent for surgical or medical treatments, so as to provide for consent to the drawing and testing of fluid samples and the consequences thereof; to provide for the disclosure of information obtained as a result of consented to health care treatment, care, testing, or examination.

The President has appointed on the part of the Senate the following:

THURSDAY, MARCH 12, 1987

2585

Senators Hudgins of the 15th, Kidd of the 25th and Albert of the 23rd.

The Senate has disagreed to the House amendment to the Senate substitute to the following Resolution of the House:

HR 275. By Representative Moody of the 153rd:
A resolution authorizing the conveyance of certain state owned property located in Brantley County, Georgia, to the Johns Timber Company.

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 231. By Senators Deal of the 49th, Newbill of the 56th and Dawkins of the 45th:
A bill to amend Code Section 20-2-942 of the Official Code of Georgia Anno tated, relating to procedure for nonrenewal of contract or demotion after acceptance by teacher of school year contract for fourth consecutive school year and procedure for nonrenewal of contract or demotion by another local board of education.

The President has appointed on the part of the Senate the following: Senators Deal of the 49th, Newbill of the 56th and Dawkins of the 45th.

The Senate has rejected the report of the Committee of Conference on the following Resolution of the Senate:

SR 7. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to change the provisions relating to the election and terms of office of members of the General Assembly; to change the provisions relating to the organization of the General Assembly; to provide for the submission of this amendment for ratification or rejection.

The President has appointed as a second Committee of Conference the following: Senators Kidd of the 25th, Hudgins of the 15th and Walker of the 43rd.

The following Bills and Resolution of the House and Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon:

HR 98. By Representatives Robinson of the 58th, Watson of the 114th, Hamilton of the 124th, Pettit of the 19th, Green of the 106th and others:
A resolution creating the Joint Comprehensive Energy Resources Policy Committee.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HR 98

The Committee of Conference on HR 98 recommends that the Senate recede from its position and that the resolution as passed by the House of Representatives be adopted.

2586

JOURNAL OF THE HOUSE,

FOR THE SENATE:
/s/ Albert J. Scott Senator, 2nd District
/s/ Nathan Dean Senator, 31st District
Culver Kidd Senator, 25th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Cas M. Robinson Representative, 58th District
/s/ Roy H. Watson, Jr. Representative, 114th District
/s/ Hugh Boyd Pettit III Representative, 19th District

Representative Robinson of the 58th moved that the House adopt the report of the Committee of Conference on HR 98.
On the motion, the roll call was ordered and the vote was as follows:

V Aaron Y Adams.G Y Adams,M Y Aiken
Y Alford YAUen
Y Athon Y Atkins Y Bailey Y Balkcom
Bannister Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks Y Brown Buck Y Buford YByrd Y Carrell 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
Couch YCox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon YDobbs Y Dover
Dunn Y Edwards
Felton
Y Floyd Foster Galer
YGodbee Y Goodwin Y Green Y Greene YGreer Y Gresham
Griffin Y Groover
Hamilton Y Manner Y Harris
Y Hasty YHays
Heard Y Hensley

Herbert Y Holcomb Y Holmes
Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas
Lupton Y Mangum Y Martin Y McDonald Y McKelvey Y McKinney Y Milam Y Milford Y Mobley Y Moody
Moore Y Morton

On the motion, the ayes were 142, nays 0. The motion prevailed.

Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett
Pannell Y Parham Y Parrish
Patten Peters Y Pettit Y Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard Rainey Y Ramsey.T Ramsey.V Y Randall Y Ransom YRay Reaves Redding Richardson Ricketson Y Robinson.C Y Robinson,P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Sinkfleld

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

HB 917. By Representatives Childs of the 53rd, Richardson of the 52nd, Steinberg of the 46th, Williams of the 48th, Williams of the 54th and others:
A bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement.

The following report of the Committee of Conference was read:

THURSDAY, MARCH 12, 1987

2587

COMMITTEE OF CONFERENCE REPORT ON HB 917

The Committee of Conference on HB 917 recommends that the Senate recede from its position and that HB 917 be adopted as passed by the House of Representatives.

Respectfully submitted,

FOR THE SENATE:
/s/ James W. Tysinger Senator, 41st District
Is/ Gene Walker Senator, 43rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Eleanor L. Richardson Representative, 52nd District
/s/ Peggy Childs Representative, 53rd District

/s/ Pierre Howard Senator, 42nd District

/s/ Betty Jo Williams Representative, 48th District

Representative Childs of the 53rd moved that the House adopt the report of the Committee of Conference on HB 917.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom
Bannister Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield Benn Birdsong
Y Bishop Y Bostick Y Branch YBray Y Brooks Y Brown
Buck Y Buford YByrd Y Carrell Y Carter
Chambless
Y Chance Cheeks
Y Childers Y Childs
Clark.B Y Clark.L

Y Colbert Y Coleman Y Colwell
Connell Y Cooper
Couch
YCox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis,M Y Dixon Y Dobbs Y Dover
Dunn
Y Edwards Y Felton Y Floyd
Foster Galer Godbee Y Goodwin Y Green Y Greene Greer Y Gresham Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays Heard Y Hensley

Y Herbert Y Holcomb
Y Holmes Y Hooks Y Hudson Y Isakson
Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston
Lane.D Y Lane.R Y Langford Y Lawler
Lawrence Y Lawson
YLee Y Linder YLong YLord Y Lucas
Lupton Y Mangum Y Martin Y McDonald Y McKelvey Y McKinney Y Milam Y Milford Y Mobley
Moody Moore Y Morton

On the motion, the ayes were 138, nays 0. The motion prevailed.

Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock
Y Padgett Pannell
Y Parham Y Parrish
Patten Peters
Y Pettit Y Phillips
Pinkston
Y Pittman Y Porter Y Powell Y Prichard
Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
YRay Reaves Redding Richardson
Y Ricketson Y Robinson.C Y Robinson,P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore
Y Smith,L Y Smith,P Y Smith.T Y Smith.W YSmyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens
Thomas.C Y Thomas,M Y Thompson
Thurmond Townsend Y Triplett Y Twiggs
Y Waddle Y Waldrep Y Walker.C
Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Y Williams,J Wilson Wood
Y Workman Y Yeargin
Young MurphytSpkr

HB 949. By Representatives Aiken of the 21st and Hasty of the 8th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to certain provisions of local government law applicable to

2588

JOURNAL OF THE HOUSE,

counties and municipal corporations, so as to change certain provisions relat ing to required permits for disturbing burial places in the course of land development.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 949

The Committee of Conference on HB 949 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 949 be adopted.

FOR THE SENATE: /s/ Max Brannon
Senator, 51st District
/s/ J. Tom Coleman, Jr. Senator, 1st District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Fred Aiken Representative, 21st District
/g/ Cas Robinson Representative, 58th District

/s/ Albert J. Scott Senator, 2nd District

/s/ Hugh Boyd Pettit III Representative, 19th District

A BILL
To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to certain provisions of local government law applicable to counties and municipal corpora tions, so as to change certain provisions relating to required permits for disturbing burial places in the course of land development; to change certain criminal penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relat ing to certain provisions of local government law applicable to counties and municipal cor porations, is amended by striking Code Section 36-60-6, relating to permits for disturbing burial places in the course of land development, and inserting in its place a new Code Section 36-60-6 to read as follows:
"36-60-6. (a) No known burial place of any human remains shall be knowingly dis turbed by the owner or owners of the land for the purposes of developing or changing the use of any land unless a permit is first obtained from the governing authority of the municipal corporation or county wherein the burial place is located or from the superior court of the county where the burial place is located. The governing authority or supe rior court shall not issue a permit unless it first reviews the plans of the applicant for the permit for the proper reinterment of the remains in order to determine that suitable arrangements for reinterment have been made and that proper reinterment will be accomplished. If the governing authority or superior court does not believe that the plans are adequate to ensure proper reinterment, no permit shall be issued.
(b) Any person who knowingly fails to comply with subsection (a) of this Code section shall be guilty of a misdemeanor and shall pay a fine of $1,000 per grave dis turbed."
Section 2. 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 949.

THURSDAY, MARCH 12, 1987

2589

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

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett.B Y Barnett,M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks Y Brown
Buck Y Buford YByrd Y Carrell 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
Couch YCox Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster
Galer
YGodbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson
Y Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane,D
YLane.R Y Langford Y Lawler
Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey Y McKinney
Milam N Milford Y Mobley Y Moody Y Moore Y Morton

On the motion, the ayes were 158, nays 1. The motion prevailed.

Mos tiler Y Moultrie Y Mueller Y Oliver
Y Orrock Y Padgett
Pannell Y Parham Y Parrish Y Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay
Reaves Y Redding
Richardson Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield

Y Sizemore Y Smith.L Y Smith,P Y Smith.T
Smith.W YSmyre YSnow
Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep Y Walker.C Y Walker.L Y Wall Y Ware
Watson Y Watts Y White
Wilder Y Williams.B Y Williams,J
Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy ,Spkr

SB 113. By Senator Deal of the 49th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to torts in general, so as to provide a qualified immunity from civil liability for persons serving as directors, officers, and trustees of certain nonprofit organizations.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 113

The Committee of Conference on SB 113 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 113 be adopted.

Respectfully submitted,

FOR THE SENATE: 1st Roy E. Barnes
Senator, 33rd District
/s/ J. Tom Coleman, Jr. Senator, 1st District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Tommy Chambless Representative, 133rd District
/s/ Denmark Groover, Jr. Representative, 99th District

/s/ J. Nathan Deal Senator, 49th District

/s/ Charles A. Thomas, Jr. Representative, 69th District

2590

JOURNAL OF THE HOUSE,

A BILL
To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to provide to certain members, directors, trustees, and officers of nonprofit hospitals or associations, nonprofit, charitable, or eleemosynary institutions or organizations, or local governmental entities immunity from civil liability under certain conditions; to provide for definitions; to provide for applicability; to provide such immunity to be supplemental; to provide for related matters; to provide immunity from civil liability to certain health care providers or other entities providing professional services without compensation or the expectation thereof; to provide exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, is amended by striking in its entirety Code Section 51-1-20, relating to the liability of directors and officers of public, charitable, or nonprofit hospitals, insti tutions, or organizations, and inserting in its place a new Code Section 51-1-20 to read as follows:
"51-1-20. (a) A person serving with or without compensation as a member, director, or trustee, or as an officer of the board without compensation, of any public, charitable, er nonprofit hospital or association; or of any nonprofit, charitable, or eleemosynary institution; or organization or of any local governmental agency, board, authority, or entity shall net be liable te th hospital, institution, ef organization er to any person, tirm^ of entity, puoiic or private, receiving Dcnciits rrom trie hospital, institution, OF organization be immune from civil liability for any act or any omission to act within the scope OT nis duties r activities, unless the hospital, institution, ~F organization ~F tne person, tirm^ OF entity^ puoiic or private, receiving tne Denetits snail snow that tne act
wanton misconduct of tne member, director, trustee, or oiticer and unless tfte gross negligence ef arising out of such service if such person was acting in good faith within the scope of his or her official actions and duties and unless the damage or injury was caused by the willful and or wanton misconduct contributed te the less of which the hospital, inatitution, er organization er the person, firm, er entity complains of such person.
(b) As used in this Code section, the term 'compensation' shall not include reim bursement for reasonable expenses related to said services.
(c) This Code section shall not affect any immunity of any person arising from any source, whether or not such person may additionally be subject to and possess an immunity provided by this Code section. The immunity provided by this Code section shall be supplemental to any such existing immunity."
Section 2. Said chapter is further amended by inserting immediately following Code Section 51-1-29 a new Code section, to be designated Code Section 51-1-29.1, to read as follows:
"51-1-29.1. (a) Without waiving or affecting and cumulative of any existing immunity from any source, unless it is established that injuries or death were caused by gross negligence or willful or wanton misconduct:
(1) No health care provider licensed under Chapter 11, 26, 30, or 34 of Title 43 who voluntarily and without the expectation or receipt of compensation provides pro fessional services, within the scope of such health care provider's licensure, for and at the request of a hospital, public school, nonprofit organization, or an agency of the state or one of its political subdivisions or provides such professional services to a person at the request of such an organization, which organization does not expect or receive compensation with respect to such services from the recipient of such services; or
(2) No licensed hospital, public school, or nonprofit organization which requests, sponsors, or participates in the providing of the services under the circumstances pro vided in paragraph (1) of this subsection

THURSDAY, MARCH 12, 1987

2591

shall be liable for damages or injuries alleged to have been sustained by the person nor for damages for the injury or death of the person when the injuries or death are alleged to have occurred by reason of an act or omission in the rendering of such services.
(b) This Code section shall apply only to causes of action arising on or after July 1, 1987."
Section 3. 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 SB 113.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken
Alford Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett.B
Barnett.M YBeck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks Y Brown YBuck Y Buford YByrd
Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Childs Y Clark.B Y Clark.L

Y Colbert Y Coleman Y Colwell
Connell Y Cooper Y Couch YCox
Y Crawford Y Crosby Y Cummings Y Davis.G
Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn
Y Edwards Y Felton Y Floyd Y Foster
Galer
Y Godbee Y Goodwin Y Green
Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris Y Hasty YHays
Heard Y Hensley

Y Herbert
Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Johnson,D Y Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam
Y Milford Y Mobley Y Moody Y Moore Y Morion

On the motion, the ayes were 156, nays 0. The motion prevailed.

Mostiler Y Moultrie Y Mueller Y Oliver Y Orrock
Y Padgett Pannell
Y Parham Y Parrish
Patten Y Peters Y Pettit Y Phillips
Pinks ton Y Pittman
Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay
Reaves Redding Richardson Y Ricketson Y Robinson.C
Y Robinson.P Y Royal
Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfleld

Y Sizemore
Y Smith.L Y Smith.P
Y Smith.T Y Smith,W Y Smyre YSnow
Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond 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
Wilson Y Wood Y Workman Y Yeargin
Young Murphy.Spkr

SB 286. By Senator Howard of the 42nd:
A bill to amend Code Section 43-34-37 of the Official Code of Georgia Anno tated, relating to disciplinary sanctions by the Composite State Board of Medical Examiners, so as to require that board to investigate a licensee's fit ness to practice medicine if the board receives certain notifications regarding judgments or settlements relating to medical malpractice claims or relating to the practice of medicine.

The following report of the Committee of Conference was read:

2592

JOURNAL OF THE HOUSE,

COMMITTEE OF CONFERENCE REPORT ON SB 286

The Committee of Conference on SB 286 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 286 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Pierre Howard Senator, 42nd District
/s/ Ed Hine Senator, 52nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ George F- Green ,_ Tx . . Representative, 106th District
/s/ E M Childers Representative, 15th District

/s/ Alex Crumbley Senator, 17th District

/s/ Jim Pannell Representative, 122nd District

A BILL
To amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Anno tated, relating to licensure of physicians, so as to provide for the issuance of licenses to teach or demonstrate medicine; to require the Composite State Board of Medical Exam iners 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; to provide for settlement notifications; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Anno tated, relating to licensure of physicians, is amended by adding after Code Section 43-34-29 a new Code section to read as follows:
"43-34-29.1. Notwithstanding any other law to the contrary, the board may issue, in its discretion, without examination, a teacher's license to licensed physicians of other states and foreign countries for the sole purpose of teaching or demonstrating medicine in a board approved medical college or its affiliated clinic in this state."
Section 2. Said article 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:
"(i) The board shall investigate a licensee's fitness to practice medicine if the board has received regarding that licensee a notification, pursuant to Code Section 33-3-27, of a medical malpractice judgment or settlement in excess of $100,000.00 or a notification pursuant to Code Section 33-3-27 that there have been two or more previous judgments against or settlements with the licensee relating to the practice of medicine. Every licen see shall notify the board of any settlement involving the licensee and relating to the practice of medicine in excess of $20,000.00."
Section 3. 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 SB 286.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Adams.G Y Adams.M

Y Aiken
Y Alford Y Alien

Y Athon
Y Atkins Y Bailey

Y Balkcom
Y Bannister Y Bargeron

Y Barnett,B
Y Barnett,M Y Beck

THURSDAY, MARCH 12, 1987

Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Childs Y Clark.B Y Clark.L Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Couch YCoi Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M

Y Dixon Y Dobbs Y Dover
Dunn Y Edwards
Y Felton Y Floyd Y Foster
Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover
Hamilton
Manner Y Harris Y Hasty YHays
Heard Y Hensley Y Herbert Y Holcomb
Y Holmes Y Hooks Y Hudson Y Isakson Y Jackson,J
Jackson.W Y Jamieson

Y Johnson,D Y Johnson.R
Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord Y Lucas Y Lupton
Y Mangum Y Martin
McDonald Y McKelvey
McKinney Y Milam Y Milford
Y Mobley Y Moody Y Moore
Y Morton Mostiler
Y Moultrie
Y Mueller Y Oliver
Orrock Y Padgett

On the motion, the ayes were 155, nays 1. The motion prevailed.

Pannell Y Parham Y Parrish Y Patten Y Peters
Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall
Ransom YRay
Reaves Y Redding Y Richardson
Ricketson Y Robinson.C Y Robinson,? Y Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L Y Smith.P

2593
Y Smith.T Y Smith,W Y Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C
Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs N Waddle Y Waldrep
Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J
Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy,Spkr

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

SB 28. By Senator Kidd of the 25th:
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 state employee injured in the line of duty shall be entitled to his regular compen sation for the period of time that any such state employee is physically unable to perform the duties of his employment.

Representative Alford of the 57th moved that the House insist on its position in sub stituting SB 28.
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 368. By Senator Coleman of the 1st:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Anno tated, relating to dimensions and weights of vehicles and loads, so as to cor rect the Public Law reference; to authorize the department to designate and place appropriate signs upon those roads, streets, or highways on the State Highway System upon which the department determines vehicles exceeding 60 feet in length may reasonably operate; to provide an effective date.

2594

JOURNAL OF THE HOUSE,

The following amendment was read and lost:

Representatives Shepard of the 71st and Moore of the 139th move to amend SB 368 by adding on page 2, line 12, after the word "certain" the following:

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

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M
YBeck Y Benefield
Benn Y Birdsong
Y Bishop Y Bostick
Branch
Bray Brooks Y Brown YBuck
Y Buford YByrd Y Carrell Y Carter Y Chambless
Chance Y Cheeks Y Childers
Childs Y Clark,B Y Clark.L

N Colbert Y Coleman Y Colwell
Connell Y Cooper Y Couch YCox Y Crawford Y Crosby Y Cummings Y Davis,G Y Davis.M Y Dixon Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster
Galer
Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris Y Hasty YHays
Heard Y Hensley

Y Herbert
Y Holcomb Y Holmes Y Hooks
Hudson Y Isakson Y Jackson,J Y Jackson.W
Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawler Y Lawrence
Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton
Mangum Y Martin
McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley N Moody
Moore Y Morton

Mostiler Y Moultrie Y Mueller Y Oliver
Orrock Y Padgett
Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit Y Phillips
Pinkston
Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T
Y Ramsey.V Y Randall Y Ransom
YRay Y Reaves
Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman
Y Shepard Y Sherrod Y Simpson Y Sinkfleld

Y Sizemore
Y Smith.L Y Smith,? Y Smith.T Y Smith.W Y Smyre YSnow
Y Stancil Y Stanley Y Steinberg
Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplet!
Y Twiggs Y Waddle
Y Waldrep Walker.C Walker.L
Y Wall Ware
Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams.J
Wilson Y Wood Y Workman
Yeargin 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.

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

HB 289. By Representative Pettit of the 19th:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Anno tated, relating to the jurisdiction of municipal courts, so as to authorize the municipal courts to try and dispose of a first offense violation of Code Section 3-3-21, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age.

The following report of the Committee of Conference was read:

THURSDAY, MARCH 12, 1987

2595

COMMITTEE OF CONFERENCE REPORT ON HB 289

The Committee of Conference on HB 289 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 289 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ A. Quillian Baldwin, Jr. Senator, 29th District
/s/ Arthur B. Edge Senator, 28th Distort

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Hu8h Byd Pettlt In Representative, 19th District
/s/ John Simpson Representative, 70th District

Albert J. Scott Senator, 2nd District

Is/ Kenneth Waldrep Representative, 80th District

A BILL
To amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to the jurisdiction of municipal courts, so as to authorize the municipal courts to try and dispose of a first offense violation of Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age; to provide that the fines from prosecution of such cases shall be paid into the treasury of the municipal corporation; to provide that a defendant may have the case transferred to a court having general misdemeanor jurisdiction; to provide for punish ments; to provide that no municipal corporation is authorized to impose a fine or punish ment in excess of the limits set forth in the charter of such municipal corporation; to provide for jurisdiction of the juvenile court; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relat ing to the jurisdiction of municipal courts, is amended by adding at the end thereof a new Code section, to be designated Code Section 36-32-9, to read as follows:
"36-32-9. (a) The municipal courts are granted jurisdiction to try and dispose of a first offense violation of Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age, if the offense occurred within the corporate limits of such municipal corporation. The jurisdiction of such municipal court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases.
(b) Any fines and forfeitures arising from the prosecution of such cases shall be retained by the municipal corporation and shall be paid into the treasury of such municipal corporation.
(c) Any defendant charged with a first offense violation of Code Section 3-3-23 in a municipal court shall be entitled upon request to have the case against him transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred.
(d) A person convicted in a municipal court of a first offense violation of Code Section 3-3-23 shall be punished as provided in paragraph (1) of subsection (b) of Code Section 3-3-23.1, provided that nothing in this Code section or Code Section 3-3-23.1 shall be construed to give any municipal corporation the right to impose a fine or pun ishment in excess of the limits set forth in the charter of such municipal corporation.
(e) Nothing in this Code section shall affect the original and exclusive jurisdiction of the juvenile court as set forth in Code Section 15-11-5."

2596

JOURNAL OF THE HOUSE,

Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Pettit of the 19th moved that the House adopt the report of the Committee of Conference on HB 289.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter
Chambless Chance Y Cheeks Y Childers Childs Y Clark,B Clark.L

Y Colbert Y Coleman
Y Colwell Connell Cooper
Y Couch YCox Y Crawford
Y Crosby Cummings Davis.G
Y Davis.M Y Dixon Y Dobbs Y Dover
Y Dunn Y Edwards Y Felton Y Floyd Y Foster
Galer Y Godbee Y Goodwin Y Green
Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb
Y Holmes Hooks
Y Hudson Y Isakson
Y Jackson,J Y Jackson, W Y Jamieson Y Johnson.D Y Johnson.R
Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin
McDonald McKelvey McKinney Y Milam Milford Y Mobley Y Moody Y Moore Y Morton

On the motion, the ayes were 148, nays 0. The motion prevailed.

Mostiler Y Moultrie Y Mueller
Y Oliver Orrock
Y Padgett Pannell
Y Parham Y Parrish
Patten
Y Peters Y Pettit Y Phillips
Pinkston
Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall
Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P
Royal Y Selman Y Shepard Y Sherrod Y Simpson Y Sinkfleld

Y Sizemore Y Smith.L Y Smith.P
Y Smith.T Y Smith,W
Y Smyre YSnow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond 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
Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy ,Spkr

By unanimous consent, the rules were suspended in order that the House could recon sider its action in giving the requisite constitutional majority to the following Bill of the Senate:

SB 77. By Senator Tysinger of the 41st:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Anno tated, relating to driving under the influence of alcohol or drugs, so as to provide that convictions for violations of said Code section shall also mean convictions for violations of parallel federal laws or regulations or convictions for violations of previously existing or existing parallel laws of this or other states or convictions for the violations of ordinances adopting said Code section.

Representative Richardson of the 52nd moved that the House reconsider its action in giving the requisite constitutional majority to SB 77.
The motion prevailed.

THURSDAY, MARCH 12, 1987

2597

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 77. By Senator Tysinger of the 41st:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Anno tated, relating to driving under the influence of alcohol or drugs, so as to provide that convictions for violations of said Code section shall also mean convictions for violations of parallel federal laws or regulations or convictions for violations of previously existing or existing parallel laws of this or other states or convictions for the violations of ordinances adopting said Code section.

The following substitute, offered by Representative Richardson of the 52nd, et al, was read and adopted:

A BILL
To amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to specify acts in this and other jurisdictions which constitute a violation of that Code section; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-6-391 of the Official Code of Georgia Annotated, relat ing to driving under the influence of alcohol or drugs, is amended by adding at the end thereof a new subsection (h) to read as follows:
"(h) For purposes of determining under this chapter prior convictions of or pleas of nolo contendere to violating this Code section, in addition to the offense prohibited by this Code section, a conviction of or plea of nolo contendere to any of the following offenses shall be deemed to be a violation of this Code section:
(1) Any federal law substantially conforming to or parallel with the offense covered under this Code section;
(2) Any local ordinance adopted pursuant to Article 14 of Chapter 6 of Title 40, which ordinance adopts the provisions of this Code section;
(3) Any previously or currently existing law of this or any other state, which law was or is substantially conforming to or parallel with 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, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron
Barnett.B Y Barnett.M

YBeck Y Benefield YBenn
Y Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks Y Brown
YBuck Y Buford YByrd Y Carrell

Y Carter Y Chambles!
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 Couch

YCox Y Crawford
Y Crosby Cummings Davis.G
Y Davis.M
Y Dixon YDobbs Y Dover YDunn Y Edwards Y Felton Y Floyd Y Foster

Y Galer YGodbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Manner
Y Harris
Y Hasty Hays

2598

JOURNAL OF THE HOUSE,

Heard Y Hensley Y Herbert Y Holcomb Y Holmes
Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson YLee

Y Under YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore
Y Morton Mostiler
Y Moultrie
Y Mueller Y Oliver Y Orrock Y Padgett

Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom YRay Y Reaves
Y Redding Y Richardson Y Ricketson

Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard
Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L Y Smith.P
Y Smith.T Y Smith.W Y Smyre
Snow Y Stancil Y Stanley Y Steinberg Y Stephens
Y Thomas.C Y Thomas.M Y Thompson

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

On the passage of the Bill, by substitute, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

HB 557. By Representatives Wood of the 9th and Watson of the 114th:
A bill to amend Code Section 34-9-151 of the Official Code of Georgia Anno tated, relating to definitions of terms regarding group self-insurance funds for workers' compensation benefits, so as to allow the employees of a trade or professional association to be covered under a group self-insurance fund established by the members of such association.

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

COMMITTEE OF CONFERENCE REPORT ON HB 557

The Committee of Conference on HB 557 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 557 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Roy E. Barnes Senator, 33rd District
/s/ A. Quillian Baldwin, Jr. Senator, 29th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Pete Robinson Representative, 96th District
/s/ Joe T. Wood Representative, 9th District

/s/ Arthur B. Edge Senator, 28th District

1st Roy H. Watson, Jr. Representative, 114th District

A BILL
To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to exclude from the definition of the term "employee" cer tain independent contractors; to thereby provide for the inapplicability of the workers'

THURSDAY, MARCH 12, 1987

2599

compensation law to such independent contractors; to allow the employees of a trade or professional association to be covered under a group self-insurance fund established by the members of such association; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking paragraph (2) of Code Section 34-9-1, relating to definitions concerning workers' compensation, and inserting in its place a new paragraph (2) to read as follows:
"(2) 'Employee' means every person in the service of another under any contract of hire or apprenticeship, written or implied, except a person whose employment is not in the usual course of the trade, business, occupation, or profession of the employer; and, except as hereinafter provided, minors are included even though working in violation of any child labor law or other similar statute; provided, however, that nothing contained in this chapter shall be construed as repealing or altering any such law or statute. Any reference to any employee who has been injured shall, if the employee dies, include his legal representatives, dependents, and other persons to whom compensation may be pay able pursuant to this chapter. All firemen and policemen whose compensation is paid by the state or any county or municipality, regardless of the method of appointment, and all full-time county employees and employees of elected salaried county officials are specifically included in this definition. There shall also be included within such term any volunteer firefighter of any county or municipality of this state, but only for volunteer fire-fighting services rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall pro vide by appropriate resolution for inclusion of such volunteer firefighters. There shall also be included within such term any volunteer law enforcement personnel of any county or municipality of this state who are certified by the Georgia Peace Officer Stan dards and Training Council, but only for volunteer law enforcement services rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer law enforcement personnel. The various elected county officers of an individual county shall also be included in this definition, if the governing authority of said county shall provide therefor by appropriate resolution. For the pur poses of workers' compensation coverage, employees of county and district health agen cies established under Chapter 3 of Title 31 are deemed and shall be considered employees of the State of Georgia. For the purpose of workers' compensation coverage, members of the Georgia National Guard serving on state active duty pursuant to an order by the Governor are deemed and shall be considered to be employees of this state. A person shall be an independent contractor and not an employee if such person has a written contract as an independent contractor and if such person buys a product and resells i^ receiving no other compensation, or provides an agricultural service or such person otherwise qualifies as an independent contractor.
Notwithstanding the foregoing provisions of this paragraph, any officer of a corpora tion may elect to be exempt from coverage under this chapter by filing written certifi cation of such election with the State Board of Workers' Compensation as provided in Code Section 34-9-2.1 of this article."
Section 2. Said chapter is further amended by striking paragraph (10) of Code Section 34-9-151, relating to definitions of terms regarding group self-insurance funds for workers' compensation, and inserting in its place a new paragraph (10) to read as follows:
"(10) 'Member' means an employer who is a member of a fund established by a trade association or professional association or by a group of municipalities, counties, school boards, or hospital authorities in accordance with this article. 'Member' also means a trade association or professional association which elects to cover its own employees under a fund established by its members."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

2600

JOURNAL OF THE HOUSE,

Representative Robinson of the 96th moved that the House adopt the report of the second Committee of Conference on HB 557.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien
Athon Y Atkins
Y Bailey Y Balkcom Y Bannister
Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield
Benn Birdsong
Y Bishop Y Bostick Y Branch
Bray Y Brooks N Brown YBuck
Y Buibrd NByrd Y Carrell Y Carter
Chambless
Y Chance N Cheeks
Y Childere Childs
N Clark.B N Clark.L

Y Colbert Y Coleman Y Colwell
Y Connell Y Cooper Y Couch
Cox
Y Crawford Y Crosby Y Cummings N Davis.G N Davis.M Y Dixon Y Dobbs Y Dover Y Dunn
Y Edwards Y Felton Y Floyd
Y Foster Y Galer YGodbee Y Goodwin Y Green N Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Manner N Harris Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks
Y Hudson Y Isakson Y Jackson,J N Jackson, W Y Jamieson Y Johnson.D Y Johnson.R
Y Kilgore Y Kingston
Y Lane,D YLane,R Y Langford Y Lawler Y Lawrence Y Lawson
YLee Y Under
YLong NLord
Lucas Y Lupton
Mangum N Martin Y McDonald Y McKelvey
McKinney Y Milam N Milford Y Mobley Y Moody Y Moore YMorton

On the motion, the ayes were 140, nays 15. The motion prevailed.

Mostiler
Y Moultrie Y Mueller Y Oliver
Orrock Y Padgett Y Pannell
Y Parham Y Parrish
Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom YRay Y Reaves N Redding Y Richardson Y Ricketson Y Robinson.C
Y Robinson.P Y Royal
Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield

Y Sizemore Y Smith,L Y Smith.P
Y Smith.T Y Smith,W YSmyre YSnow
Y Stancil Y Stanley Y Steinberg N Stephens
Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
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
Williams.B Williams,J
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 905. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act", so as to provide for certificates of authorization for proprietary schools in lieu of certificates of approval.

Representative Mangum of the 57th moved that the House insist on its position in disagreeing to the Senate amendment to HB 905 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, Mangum of the 57th and Moore of the 139th.

THURSDAY, MARCH 12, 1987

2601

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

HB 541. By Representative Athon of the 57th:
A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide that a bank or storage facility must be licensed, accredited, or approved under the laws of this state; to provide that a hospital shall maintain a written cooperative agreement with at least one bank or storage facility for the purpose of pro curing anatomical gifts.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 541

The Committee of Conference on HB 541 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 541 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Alex Crumbley
Senator, 17th District
/s/ Ed Hine Senator, 52nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Trov A- Athon Representative, 57th District
/s/ E M Childers Representative, 15th District

/s/ Pierre Howard Senator, 42nd District

/s/ W. C. Mangum, Jr. Representative, 57th 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, as amended by an Act approved April 1, 1986 (Ga. L. 1986, p. 645), so as to change certain definitions; to provide a definition of organ procure ment agency; to provide for preferences for recipients of anatomical gifts who are residents of this state under certain conditions; to create the Advisory Board on Anatomical Gift Procurement; to provide for the composition of the board; to provide for terms and allow ances of members; to provide powers and duties of the board; 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, as amended by an Act approved April 1, 1986 (Ga. L. 1986, p. 645), is amended by striking in its entirety paragraph (1) of Code Section 44-5-142, relating to definitions affecting anatomical gifts, and inserting in its place a new paragraph (1) to read as follows:
"(1) 'Bank or storage facility" means a facility tissue bank or eye bank licensed; accredited, or approved ander the taws of teay state for by the State of Georgia and also means an organ procurement agency or other facilities for the storage of human bodies or parts thereof in this state."
Section 2. Said article is further amended by inserting immediately following para graph (4) of Code Section 44-5-142, relating to definitions affecting anatomical gifts, a new paragraph, to be designated paragraph (4.5), to read as follows:

2602

JOURNAL OF THE HOUSE,

"(4.5) 'Organ procurement agency' means an organization located in the State of Georgia that is designated by the Health Care Financing Administration of the federal Department of Health and Human Services under the end stage renal disease facility regulations to perform or coordinate the performance of all of the following services:
(A) Procurement of donated kidneys; (B) Preservation of donated kidneys; (C) Transportation of donated kidneys; and (D) Maintenance of a system to locate prospective recipients of procured organs. An organ procurement agency may also perform these services for extrarenal vital organs and includes any organization certified by the federal Department of Health and Human Services as an organ procurement agency."
Section 3. Said article is further amended by striking in their entirety Code Section 44-5-143, relating to adult decedents who may make anatomical gifts, and Code Section 44-5-143.1, relating to anatomical gifts of minor decedents, and inserting in their place new Code Sections 44-5-143 and 44-5-143.1 to read as follows:
"44-5-143. (a) Any individual who is 18 years of age or older and of sound mind may give all or any part of his body for any purpose specified in Code Section 44-5-144, the gift to take effect upon death.
(b) 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 applicable type of 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) 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 applicable type of 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; 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

THURSDAY, MARCH 12, 1987

2603

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.
ij]_In the absence of a specification by a decedent or a person authorized to give all or part of the decedent's body, any bank or storage facility that becomes the doneee shall give preference to potential recipients of that donation who are residents of this state if:
(1) The donation is medically acceptable to the potential recipients who are resi dents of this state;
(2) Potential recipients who are residents of other states are not in _ of the donation than potential recipients who are residents of this state; and
(3) The requisite medical procedure required for the potential recipient to receive the donation will be performed in this state. 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 efgatt bank, eye ef tissue applicable type of 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
bank, eye er ttssae applicable type of 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

2604

JOURNAL OF THE HOUSE,

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.
j]_In the absence of a specification by a decedent or a person authorized to give all or part of the decedent's body, any bank or storage facility that becomes the donee shall give preference to potential recipients of that donation who are residents of this state if:
(1) The donation is medically acceptable to the potential recipients who are resi dents of this state;
(2) Potential recipients who are residents of other states are not in _ of the donation than potential recipients who are residents of this state; and
(3) The requisite medical procedure required for the potential recipient to receive the donation will be performed in this state."
Section 4. Said article is further amended by adding at the end thereof two new Code sections, to be designated Code Section 44-5-149 and Code Section 44-5-150, to read as follows:
"44-5-149. (a) There is created an advisory board to be known as the Advisory Board on Anatomical Gift Procurement. The board shall be composed of the following appointed persons:
(1) The Governor shall appoint: (A) One representative of an eye bank; (B) One representative of a tissue bank; (C) One representative of a bone bank; (D) One representative of an organ procurement agency; (E) One representative of hospitals in this state; (F) One representative of the medical profession in this state; (G) One representative of the Department of Human Resources; (H) One representative of the Department of Medical Assistance; and (I) One representative of the Health Planning Agency;
(2) The Speaker of the House of Representatives shall appoint three members of the House of Representatives; and
(3) The President of the Senate shall appoint three members of the Senate. (b) Each person shall be appointed for a term of two years. Legislative members shall be appointed for a term concurrent with a term of office. (c) The advisory board shall select a chairman and such other officers as it deems necessary and is empowered to make such rules for governing of the affairs of the board as it deems appropriate. The board shall meet on the call of the chairman. (d) The members of the board shall receive no compensation. Members appointed under paragraphs (2) and (3) of subsection (a) of this Code section shall receive the

THURSDAY, MARCH 12, 1987

2605

allowances authorized for legislative members of interim legislative committees for each day of attendance upon the business of the board.
44-5-150. The Advisory Board on Anatomical Gift Procurement shall: (1) Consult with, advise, and lend expertise to the Department of Human
Resources in the implementation and administration of rules and regulations regarding this article;
(2) Identify areas of need in supply and demand for human organs and tissues in this state and encourage the cooperation of banks and storage facilities under this article in meeting such needs;
(3) Encourage and recommend the implementation of a formal policy in this state to foster a state-wide network maintained by banks and storage facilities regarding coverage of hospitals and other facilities to assure that anatomical gifts are requested and procured;
(4) Negotiate and recommend for adoption by the department agreements with other states and with banks and storage facilities of other states, whether through protocols, compacts, or other agreements, and cooperation and reciprocity provisions in the interstate procurement of anatomical gifts;
(5) Recommend solutions and actions relative to participation in a national net work of anatomical gift sharing;
(6) Encourage improved public education and awareness regarding anatomical gifts; and
(7) Report biennially to the Governor, the Health and Ecology Committee of the House of Representatives, and the Human Resources Committee of the Senate regard ing the progress and actions of the advisory board."
Section 5. 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 541.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch YBray
Y Brooks Y Brown
YBuck Y Buford YByrd Y Carrell 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 Couch YCox Y Crawford Y Crosby
Cummings Davis.G Y Davis,M Dixon Y Dobbs Y Dover
Y Dunn Y Edwards Y Felton
Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin
Groover Y Hamilton Y Hanner Y Harris Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb
Y Holmes Y Hooks Y Hudson Y Isakson
Y Jackson,*] Y Jackson,W
Y Jamieson Johnson,D Johnson.R
Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson
YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin
McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

Mostiler Y Moultrie
Y Mueller Y Oliver
Orrock
Y Padgett Fannell
Y Parham Y Parrish
Patten Y Peters Y Pettit
Phillips Pinkston Y Pittman Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T Y Ramsey.V
Randall Y Ransom YRay Y Reaves
Redding Richardson Y Ricketson Y Robinson.C Y Robinson,P Y Royal Y Selman
Y Shepard Y Sherrod Y Simpson Y Sinkfield

Sizemore Y Smith.L Y Smith,? Y Smith.T Y Smith.W
Y Smyre Y Snow Y Stancil
Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
Y Walker.C Walker.L
Y Wall Y Ware Y Watson
Y Watts Y White
Y Wilder Y Williams,B
Williams,.! Wilson Y Wood Y Workman Y Yeargin Young Murphy.Spkr

2606

JOURNAL OF THE HOUSE,

On the motion, the ayes were 150, nays 0. The motion prevailed.

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

SR 7. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to change the provisions relating to the election and terms of office of members of the General Assembly; to change the provisions relating to the organization of the General Assembly; to provide for the submission of this amendment for ratification or rejection.

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

COMMITTEE OF CONFERENCE REPORT ON SR 7

The Committee of Conference on SR 7 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SR 7 be adopted.

FOR THE SENATE: // Culver Kidd
Senator, 25th District
M Hudgins Senator, 15th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Claude A- Brav- JrRepresentative, 91st District
/s/ Wm j Lee Representative, 72nd District

1st Gene Walker Senator, 43rd District

/si Bob Holmes Representative, 28th District

A RESOLUTION
Proposing an amendment to the Constitution so as to change the terms of office of members of the General Assembly from two years to four years; to provide for matters relative thereto; 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 II of the Constitution is amended by striking Para graph V, relating to the election and terms of office of members of the General Assembly, in its entirety and inserting in lieu thereof a new Paragraph V to read as follows:
"Paragraph V. Election and term of members, (a) The members of the General Assembly shall be elected by the qualified electors of their respective districts for a term of two four years and shall serve until the time fixed for the convening of the next Gen eral Assembly.
<fe)--The members ef the General Assembly in office n June 30-, -1983-, shall serve etrt the remainder ef the terms te which elected.
{e} (b) The first election for members of the General Assembly tmder this Constitutien to serve four-year terms shall take place on Tuesday after the first Monday in November, 1Q84 1990, and subsequent elections biennially quadrennially on that day until the day of election is changed by law."

THURSDAY, MARCH 12, 1987

2607

Section 2. Article III, Section IV, Paragraph I of the Constitution, relating to meet

ing, time limit, and adjournment of the General Assembly, is amended by striking

subparagraph (a) of Paragraph I in its entirety and inserting in lieu thereof a new

subparagraph (a) to read as follows:

"(a) The Senate and House of Representatives shall organize each odd-numbered

year every four years beginning in 1991 and shall be a different General Assembly for

each two-year four-year period. The General Assembly shall meet in regular session on

the second Monday in January of each year, or otherwise as provided by law, and may

continue in session for a period of no longer than 40 days in the aggregate each year.

By concurrent resolution, the General Assembly may adjourn any regular session to such

later date as it may fix for reconvening. Separate periods of adjournment may be fixed

by one or more such concurrent resolutions. Bills pending at the final adjournment of

the regular session in each odd-numbered year shall be carried forward to the regular

session in the following even-numbered

Bills ing at the final adjournment of

the regular session in the even-numbered years shall not be carried forward."

Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to change the terms of office of ( ) NO members of the General Assembly from two years to four years?" 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 Lupton of the 25th moved that the House adopt the report of the second Committee of Conference on SR 7.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron Y Adams.G Y Adams.M N Aiken N Alford Y Alien Y Athon N Atkins
N Bailey Y Balkcom N Bannister
Bargeron Y Barnett.B N Barnett.M Y Beck Y Benefield N Benn
Birdsong Y Bishop Y Bostick N Branch
Bray Y Brooks N Brown NBuck
N Buford YByrd N Carrell
Y Carter Chambless
N Chance N Cheeks

N Childers Y Childs N Clark.B N Clark.L N Colbert
N Coleman Y Colwell Y Connell
Cooper N Couch
YCox N Crawford Y Crosby N Cummings N Davis.G
N Davis.M N Dixon N Dobbs Y Dover
Y Dunn Edwards
N Felton Y Floyd
N Foster N Galer
Godbee N Goodwin N Green Y Greene N Greer N Gresham
N Griffin

Y Groover
N Hamilton N Manner Y Harris
N Hasty NHays
Heard Y Hensley N Herbert Y Holcomb Y Holmes Y Hooks N Hudson N Isakson N Jackson,J N Jackson.W N Jamieson Y Johnson.D Y Johnson.R Y Kilgore N Kingston N Lane.D
N Lane.R N Langford Y Lawler N Lawrence N Lawson
YLee N Linder NLong NLord
Lucas

N Lupton Y Mangum
N Martin N McDonald N McKelvey
McKinney N Milam N Milford
N Mobley N Moody
Moore N Morton
Mostiler Y Moultrie N Mueller Y Oliver N Orrock Y Padgett
Pannell Y Parham Y Parrish
Patten Y Peters
Y Pettit Y Phillips
Pinks ton N Pittman
Porter
N Powell Y Prichard Y Rainey N Ramsey.T

N Ramsey.V N Randall
N Ransom NRay Y Reaves
N Redding Richardson
Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman N Shepard Y Sherrod N Simpson N Sinkfield
N Sizemore N Smith.L N Smith.P Y Smith.T N Smith.W
YSmyre NSnow
N Stancil N Stanley N Steinberg N Stephens N Thomas.C
N Thomas.M Y Thompson N Thurmond N Townsend

2608

JOURNAL OF THE HOUSE,

Y Triplet!
YTwiggs N Waddle NWaldrep

Walker.C
Walker.L N Wall N Ware

Y Watson
Y Watts Y White N Wilder

N Williams,B
Williams,J Wilson Wood

Y Workman
N Yeargin Y Young
Murphy,Spkr

On the motion, the ayes were 61, nays 96.
The motion was lost and the House rejected the report of the second Committee of Conference on SR 7.

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

HB 294. By Representatives Coleman of the 118th, Jackson of the 9th, McDonald of the 12th and Hanner of the 131st:
A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to provide that the Georgia State Patrol shall make certain unmarked pursuit vehicles avail able to the Georgia Public Safety Training Center to be used for training public safety officers.

The following Senate substitute was read:

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 the Georgia State Patrol shall make cer tain unmarked pursuit vehicles available to the Georgia Public Safety Training Center to be used for training public safety officers; to provide procedures; to provide for a security police force within the Georgia Public Safety Training Center; 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 adding at the end of Article 2 of Chapter 2, relating to the Georgia State Patrol, a new Code section, to be designated Code Section 35-2-57, to read as follows:
"35-2-57. When an unmarked pursuit vehicle used by the Georgia State Patrol for the purpose of enforcing the traffic laws of this state is first removed from the field and will no longer be used on a regular basis for pursuit purposes, the commissioner of public safety shall notify the administrator of the Georgia Public Safety Training Center and shall make such pursuit vehicle available to such center for the purpose of training public safety officers pursuant to Chapter 5 of this title. Upon notification by the commissioner, the administrator of the Georgia Public Safety Training Center shall be authorized to take immediate possession of any such pursuit vehicle."
Section 2. Said title is further amended by adding at the end of Chapter 5, relating to the Georgia Public Safety Training Center, a new Code section, to be designated Code Section 35-5-7, to read as follows:
"35-5-7. (a) The administrator of the center, with the approval of the board, is authorized to establish a security police force within the Georgia Public Safety Training Center.
(b) While in the performance of their duties on property of the Georgia Public Safety Training Center, such security police shall have the same law enforcement powers, including the power of arrest, as a law enforcement officer of the local govern ment with police jurisdiction over such Georgia Public Safety Training Center."

THURSDAY, MARCH 12, 1987

2609

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Coleman of the 118th moved that the House agree to the Senate sub stitute to HB 294.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken
Y Alford N Alien Y Athon Y Atkins
Y Bailey Y Balkcom
Y Bannister Y Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefleld YBenn
Birdsong Y Bishop
Bostick Y Branch
Bray Y Brooks
Brown YBuck Y Buford YByrd
Y Carrell 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 Couch YCox Y Crawford
Crosby Y Cummings Y Davis.G
Davis.M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards
Y Felton Y Floyd Y Foster Y Galer Y Godbee
Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris Y Hasty Y Hays
Heard
Y Hensley

Herbert Y Holcomb Y Holmes
Y Hooks Y Hudson Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Johnson.D Y Johnson,R Y Kilgore Y Kingston Y Lane.D
Y Lane,R Y Langford
Lawler Y Lawrence
Y Lawson
YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin
McDonald
Y McKelvey McKinney
YMilam Y Milford Y Mobley Y Moody Y Moore
Morton

On the motion, the ayes were 146, nays 1. The motion prevailed.

Mos tiler Y Moultrie Y Mueller Y Oliver
Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves
Redding Richardson Y Ricketson Robinson.C Y Robinson,? Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Y Sinkfield

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

His Excellency, Governor Joe Frank Harris, accompanied by the First Lady, appeared upon the floor of the House and addressed the members.

The following Resolution of the House was read and adopted:

HR 533. By Representatives Bailey of the 72nd, McKinney of the 35th, Morton of the 47th, Benefield of the 72nd, Watts of the 41st and others:
A resolution recognizing, commending, honoring, and exposing Honorable Calvin Smyre.

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 231. By Senators Deal of the 49th, Newbill of the 56th and Dawkins of the 45th:
A bill to amend Code Section 20-2-942 of the Official Code of Georgia Anno tated, relating to procedure for nonrenewal of contract or demotion after

2610

JOURNAL OF THE HOUSE,

acceptance by teacher of school year contract for fourth consecutive school year and procedure for nonrenewal of contract or demotion by another local board of education.

Representative Mangum of the 57th moved that the House adhere to its position in substituting SB 231 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 Sizemore of the 136th, Athon of the 57th and Lawler of the 20th.

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

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:

SR 240. By Senators Allgood of the 22nd and Kennedy of the 4th: A resolution relative to adjournment.

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

HR 275. By Representative Moody of the 153rd:
A resolution authorizing the conveyance of certain state owned property located in Brantley County, Georgia, to the Johns Timber Company.

Representative Colwell of the 4th moved that the House recede from its position in amending the Senate substitute to HR 275, and that the Senate substitute be agreed to.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G
Adams.M Y Aiken Y Alford
Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister YBargeron YBamett,B Y Barnett.M Y Beck YBenefield
Benn Y Birdsong Y Bishop
Bostick Y Branch
Bray

Y Brooks Y Brown
Y Buck Y Buford Y Byrd
Y Carrell Carter Chambless
Y Chance Cheeks
Y Childers Y Childs
Clark.B Y Clark.L Y Colbert
Coleman Y Colwell Y Connell Y Cooper
Couch Y Coi Y Crawford

Crosby Y Cummings
Davis.G Y Davis.M
Dixon
Y Dobbs Y Dover
Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton

Banner Y Harris
Y Hasty Y Hays
Heard
Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Y Isakson Y Jack8on,J Y Jackson.W Y Jamieson Y Johnson,D Y Johnson,R Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford

Y Lawler Y Lawrence
Y Lawson Y Lee Y Linder
Long Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton
Mostiler Y Moultrie

THURSDAY, MARCH 12, 1987

Y Mueller Y Oliver
Orrock Y Padgett Y Pannell YParham Y Parrish
Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter

Y Powell Prichard
Y Rainey
Y Ramsey.T Ramsey.V
Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson
Ricketson Y Robinson.C Y Robinson.P

Y Royal Y Selman
Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L Y Smith,P Y Smith.T Y Smith,W
Smyre YSnow Y Stancil

Y Stanley Y Steinberg Y Stephens Y Thomas.C
Y Thomas,M Y Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs Y Waddle Y Waldrep
N Walker.C Y Walker.L

On the motion, the ayes were 149, nays 1. The motion prevailed.

2611
Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y William8,B Y Williams,,!
Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy,Spkr

Representative McDonald of the 12th arose to a point of personal privilege and addressed the House.

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

SB 264. By Senators Langford of the 35th, Engram of the 34th and Scott of the 36th:
A bill to amend Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notice to produce evidence, so as to provide witness fees for arson investigators; to provide an effective date.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 264

The Committee of Conference on SB 264 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 264 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Arthur Langford, Jr. Senator, 35th District
/s/ Wayne Garner Senator, 30th District
/s/ Bev Engram Senator, 34th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Kenneth Waldrep Representative, 80th District
/s/ John Simpson Representative, 70th District
Is/ Betty Jo Williams Representative, 48th District

A BILL
To amend Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Anno tated, relating to subpoenas and notice to produce evidence, so as to provide witness fees for arson investigators; to provide an effective date; to repeal conflicting laws; and for other purposes.

2612

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Anno tated, relating to subpoenas and notice to produce evidence, is amended by striking in its entirety Code Section 24-10-27, relating to witness fees for police officers and certain other public safety officers, and inserting in lieu thereof a new Code Section 24-10-27 to read as follows:
"24-10-27. Notwithstanding any other provision in this article, any member of the Georgia State Patrol, Georgia Bureau of Investigation, or municipal or county police force; or any deputy sheriff; or any correctional officer; or any campus policeman as defined in Code Section 20-8-1 or any arson investigator of the state fire marshal's office or a member of a local fire department who shall be required by writ of subpoena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this state, municipal or police court having jurisdiction to enforce the penal laws of this state as provided by Code Section 40-13-21, juvenile court, or grand jury, or hearing or inquest held or called by a coroner, or magistrate court involving any criminal matter, as a witness on behalf of the state during any hours except the regular duty hours to which the officer is assigned, shall be paid for such attendance at a rate fixed by the court, but not less than the per diem paid grand jurors in the preceding term of the superior court of such county or $20.00 per diem, whichever is greater. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the judge or the prosecuting attorney of the court attended. The director of the Georgia Bureau of Investigation, the commanding officer of the Georgia State Patrol, the chief of police, the sheriff, the superintendent of the institution, ef the director of public safety of a college or university2 or the state fire marshal or the local fire chief shall certify that the claimant has been paid no additional compensation nor given any time off on account of such service. The amount due shall be paid by the governing body authorized to dispense public funds for the operation of the court. However, no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which the officer may have received requiring him to appear in such court or before the grand jury on any one day."
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 Waldrep of the 80th moved that the House adopt the report of the Committee of Conference on SB 264.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Adams,G Y Adams.M Y Aiken Y Alford
Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister Y Bargeron Y Barnett,B Y Barnett,M Y Beck Y Benefield Y Benn Y Birdsong

Y Bishop
Y Bostick Y Branch
Bray Y Brooks
Y Brown Y Buck Y Buford Y Byrd Y Carrell Y Carter
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 Couch Y Cox Y Crawford Y Crosby Y Cummings
Davis.G Y Davis.M
Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton

Y Floyd
Foster Galer Y Godbee Y Goodwin
Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Hays
Heard Y Hensley

Y Herbert
Y Holcomb Y Holmes Y Hooks Y Hudson
Y Isakson Y JacksonJ Y Jackson.W Y Jamieson
Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawler Y Lawrence

THURSDAY, MARCH 12, 1987

2613

Y Lawson
YLee Y Under YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey
McKinney YMilam Y Milford Y Mobley Y Moody Y Moore YMorton

Mostiler
Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish
Patten Y Peters
Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard

Y Rainey Y Ramsey.T YRamsey.V YRandall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal YSelman
Y Shepard Y Sherrod Y Simpson
Y Sinkfield

On the motion, the ayes were 158, nays 0. The motion prevailed.

Y Sizemore Y Smith.L
Y Smith,? Y Smith.T Y Smith.W YSmyre
YSnow Stancil
Y Stanley Steinberg
Y Stephens Y Thomas.C Y Thomas,M Y Thompson Y Thurmond
Y Townsend Triplett
Y Twiggs

Waddle Y Waldrep
Y Walker.C Y Walker,L Y Wall YWare
Watson
Y Watte White
Y Wilder Y Williams.B Y Williama.J
Wilson Y Wood Y Workman Y Yeargin
Young Murphy,Spkr

The following Resolution of the Senate was read:

SR 240. 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 sine die at 7:30 P.M. on March 12, 1987.

The following amendment was read and adopted:

Representative Walker of the 115th moves to amend SR 240 as follows: By changing "7:30 P.M." to "9:00 P.M."

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

Y Aaron Y Adams.G Y Adams.M Y Aiken
YAlford Y Alien
Athon
Y Atkins Y Bailey Y Balkcom
Y Bannister Bargeron
Y Barnett.B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks Y Brown YBuck Y Buford

YByrd Y Carrell Y Carter Y Chambless Y Chance
Cheeks
Y Childers Y Childs Y Clark.B Y Clark.L Y Colbert Y Coteman Y Colwell Y Connell Y Cooper Y Couch
Cox Y Crawford Y Crosby Y Cummings Y Davis,G Y Davis.M
Dixon YDobbs Y Dover
YDunn

Y Edwards Y Felton Y Floyd
Y Foster YGaler Y God bee Y Goodwin Y Green
Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton
Y Hanner Y Harris Y Hasty YHays
Heard Y Hensley Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson Ylsakson

Y Jackson,J Y Jackson, W Y Jamieson
Johnson,D Y Johnson,R
Y Kilgore Y Kingston
Y Lane,D YLane,R Y Langford Y Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McDonald Y McKelvey Y McKinney
YMilam Y Milford

Y Mobley Y Moody Y Moore Y Morton
Mostiler Y Moultrie Y Mueller Y Oliver
Orrock Y Padgett
Pannell
Y Parham Parrish Patten
Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V YRandall

2614

JOURNAL OF THE HOUSE,

Ransom Y Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman

Y Shepard Y Sherrod Y Simpson Y Sinkfield Y Sizemore Y Smith.L Y Smith,? Y Smith.T Y Smith,W Y Smyre

Y Snow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Townsend

Y Triplett Y Twiggs
Waddle Y Waldrep Y Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts

White N Wilder Y Williams,B Y Williams,J
Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy.Spkr

On the adoption of the Resolution, as amended, the ayes were 160, nays 1. The Resolution 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 387. By Representatives Murphy of the 18th, McDonald of the 12th, Connell of the 87th, Thomas of the 69th, Walker of the 115th and others:
A bill to amend Code Section 28-4-2 of the Official Code of Georgia Anno tated, relating to the general powers and duties of the Legislative Services Committee, so as to change the provisions relating to audits.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 387

The Committee of Conference on HB 387 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 387 be adopted.

Respectfully submitted,

FOR THE SENATE: 1st CSeunlvaetrorK, i2d5dth District
// Hudgins Senator, 15th District

FOR THE HOUSE OF REPRESENTATIVES: /s/ ^auren xMjrcDonald, Jr Representative, 12th District
/s/ Connell Representative, 87th District

1st Gene Walker Senator, 43rd District

1st Larry Walker Representative, 115th District

A BILL
To amend Code Section 28-4-2 of the Official Code of Georgia Annotated, relating to the general powers and duties of the Legislative Services Committee, so as to change the provisions relating to audits; to provide that upon the request of a member of the General Assembly a copy of the minutes of a meeting of the committee shall be sent to such member; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 28-4-2 of the Official Code of Georgia Annotated, relating to the general powers and duties of the Legislative Services Committee, is amended by striking subsection (f) in its entirety and inserting in lieu thereof a new subsection (f) to read as follows:

THURSDAY, MARCH 12, 1987

2615

"(f) The committee is authorized to contract with a licensed certified public account ant or certified public accounting firm to perform a management audit of the financial practices and operations of the legislative branch of government and, if the committee deems it advisable, to conduct a performance audit of one or more of the legislative offi ces listed in subsection (e) of this Code section."
Section 2. Said Code section is further amended by striking subsection (g) in its entirety and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) A copy of the minutes of the meetings of the committee and of the audits pro vided for in this Code section shall be made available for public inspection in the office of the Speaker of the House of Representatives, in the office of the President of the Senate, in the office of the Clerk of the House of Representatives, and in the office of the Secretary of the Senate. Upon the request of a member of the General Assembly, a copy of the minutes of a meeting of the committee shall be sent to such member."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative McDonald of the 12th moved that the House adopt the report of the Committee of Conference on HB 387.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Balkcom Y Bannister
Bargeron Y Barnett,B Y Barnett.M YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch
Bray Y Brooks Y Brown YBuck Y Buford YByrd
Y Carrell 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 Couch
Cox Y Crawford Y Crosby Y Cummings Y Davis,G Y Davis.M
Dixon Y Dobbs Y Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Green Y Greene Y Greer Y Gresham
Y Griffin Y Groover Y Hamilton
Manner
Y Harris Y Hasty YHays
Heard Y Hensley

Herbert Y Holcomb Y Holmes
Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson
Johnson,D Y Johnson.R
Y Kilgore Y Kingston Y Lane,D
Y Lane,R Y Langford
Lawler Y Lawrence Y Lawson
YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin
Y McDonald Y McKelvey
McKinney
Milam Y Milford Y Mobley Y Moody
Moore Y Morton

On the motion, the ayes were 151, nays 0. The motion prevailed.

Mostiler
Y Moultrie Y Mueller Y Oliver
Orrock
Y Padgett Pannell
Y Parham Y Parrish
Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard Y Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson.C
Robinson.P Y Royal
Selman Y Shepard Y Sherrod Y Simpson
Sinkfield

The following Resolution of the House was read and adopted:

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

2616

JOURNAL OF THE HOUSE,

HR 534. By Representatives Crosby of the 150th, Wilson of the 20th, Kilgore of the 42nd and Murphy of the 18th:
A resolution commending Jim Martin, Jay Starkman, Beverly Holmes, Nancy Meadows, G. W. Hogan, Sewell Brumby, and Monnie Sellars.

The Speaker Pro Tem assumed the Chair.

By unanimous consent, the rules were suspended in order that the House could recon sider its action in failing to adopt the report of the second Committee of Conference on the following Resolution of the Senate:

SR 7. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to change the provisions relating to the election and terms of office of members of the General Assembly; to change the provisions relating to the organization of the General Assembly; to provide for the submission of this amendment for ratification or rejection.

Representative Murphy of the 18th moved that the House reconsider its action in fail ing to adopt the report of the second Committee of Conference on SR 7.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien
Athon Atkins Y Bailey Balkcom N Bannister Bargeron Y Barnett.B N Barnett.M YBeck Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick N Branch YBray Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers Y Childs N Clark,B Y Clark,L

N Colbert Y Coleman Y Colwell
Connell Cooper Y Couch
Cox
Y Crawford Y Crosby Y Cummings Y Davis,G N Davis.M Y Dixon
Y Dobbs Y Dover
Y Dunn Y Edwards N Felton Y Floyd Y Foster Y Galer YGodbee N Goodwin Y Green Y Greene YGreer N Gresham Y Griffin Y Groover Y Hamilton Y Banner Y Harris Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks Y Hudson N Isakson
Y Jackson.J Y Jackson.W Y Jamieson Y Johnson,D Y Johnson.R
Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford
Lawler N Lawrence Y Lawson
YLee Under
YLong YLord
Lucas N Lupton Y Mangum Y Martin
McDonald Y McKelvey Y McKinney
Milam Y Milford Y Mobley
Y Moody Moore
N Morton

On the motion, the ayes were 130, nays 22. The motion prevailed.

Mostiler Y Moultrie
Mueller Y Oliver
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter
Powell Y Prichard Y Rainey Y Ramsey.T N Ramsey.V Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman N Shepard Y Sherrod Y Simpson
Sinkfield

Y Sizemore Y Smith.L N Smith,?
Y Smith.T N Smith,W Y Smyre YSnow Y Stancil
Y Stanley Y Steinberg Y Stephens
Y Thomas,C Thomas.M
Y Thompson Thurmond
N Townsend Y Triplett YTwiggs
Waddle Y Waldrep Y Walker.C Y Walker,L N Wall Y Ware Y Watson Y Watts Y White N Wilder N Williams.B Y Williams,J
Wilson Y Wood Y Workman Y Yeargin Y Young
Murphy,Spkr

THURSDAY, MARCH 12, 1987

2617

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 be recorded as voting "nay" thereon.

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

COMMITTEE OF CONFERENCE REPORT ON SR 7

The Committee of Conference on SR 7 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SR 7 be adopted.

Respectfully submitted,

FOR THE SENATE: M Culver Kidd
Senator, 25th District
/s/ Hudgins Senator, 15th District

FOR THE HOUSE OF REPRESENTATIVES: ,,,, , /s/ Claude A- Brav' JrRepresentative, 91st District
/s/ Wm j Lee Representative, 72nd District

/s/ Gene Walker Senator, 43rd District

/s/ Bob Holmes Representative, 28th District

A RESOLUTION
Proposing an amendment to the Constitution so as to change the terms of office of members of the General Assembly from two years to four years; to provide for matters relative thereto; 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 II of the Constitution is amended by striking Para graph V, relating to the election and terms of office of members of the General Assembly, in its entirety and inserting in lieu thereof a new Paragraph V to read as follows:
"Paragraph V. Election and term of members, (a) The members of the General Assembly shall be elected by the qualified electors of their respective districts for a term of two four years and shall serve until the time fixed for the convening of the next Gen eral Assembly.
(b)--The members ef the General Assembly 4n office en June 36-, 1083, ahall serve t the remainder ef- the terms te which elected.
(e) (b) The first election for members of the General Assembly under this Constitutien to serve four-year terms shall take place on Tuesday after the first Monday in November, 1084 1990. and subsequent elections biennially quadrennially on that day until the day of election is changed by law."
Section 2. Article III, Section IV, Paragraph I of the Constitution, relating to meet ing, time limit, and adjournment of the General Assembly, is amended by striking subparagraph (a) of Paragraph I in its entirety and inserting in lieu thereof a new subparagraph (a) to read as follows:
"(a) The Senate and House of Representatives shall organize each odd-numbered year every four years beginning in 1991 and shall be a different General Assembly for each two-year four-year period. The General Assembly shall meet in regular session on the second Monday in January of each year, or otherwise as provided by law, and may continue in session for a period of no longer than 40 days in the aggregate each year. By concurrent resolution, the General Assembly may adjourn any regular session to such

2618

JOURNAL OF THE HOUSE,

later date as it may fix for reconvening. Separate periods of adjournment may be fixed by one or more such concurrent resolutions. Bills pending at the final adjournment of the regular session in each odd-numbered year shall be carried forward to the regular session in the following even-numbered year. Bills pending at the final adjournment of the regular session in the even-numbered years shall not be carried forward."
Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to change the terms of office of ( ) NO members of the General Assembly from two years to four years?" 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 Murphy of the 18th moved that the House adopt the report of the second Committee of Conference on SR 7.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron Y Adams.G Y Adams.M Y Aiken Y Alford Y Alien Y Athon
Atkins
Y Bailey Y Balkcom N Bannister
Bargeron Y Bamett,B N Harriett,M YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch YBray Y Brooks Y Brown YBuck YBuford YByrd Y Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers Y Childs N Clark.B Y Clark,L

N Colbert
Y Coleman Y Colwell
Connell Y Cooper Y Couch
Coi Y Crawford
Y Crosby Y Cummings
Y Davis,G N Davis.M Y Dixon YDobbs Y Dover YDunn Y Edwards N Felton Y Floyd Y Foster Y Galer
YGodbee N Goodwin Y Green Y Greene Y Greer N Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays
Heard Y Hensley

Herbert
Y Holcomb Y Holmes Y Hooks
Y Hudson N Isakson Y Jackson.J Y Jackson, W Y Jamieson Y Johnson,D Y Johnson.R Y Kilgore N Kingston
Y Lane.D Y Lane,R Y Langford Y Lawler N Lawrence Y Lawson YLee
Linder YLong YLord
Lucas N Lupton
Y Mangum N Martin Y McDonald Y McKelvey Y McKinney Y Milam Y Milford Y Mobley
Y Moody Y Moore N Morion

On the motion, the ayes were 136, nays 26. The motion prevailed.

Mostiler
Y Moultrie N Mueller Y Oliver
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters
Y Pettit Y Phillips Y Pinkston Y Pittman Y Porter Y Powell Y Prichard
Y Rainey Y Ramsey.T N Ramsey.V Y Randall N Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson.C
Y Robinson,P Y Royal Y Selman N Shepard Y Sherrod Y Sirapson Y Sinkfield

The following Resolution of the House was read and adopted:

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

THURSDAY, MARCH 12, 1987

2619

HR 535. By Representative Wall of the 61st:
A resolution commending Honorable Ben Jessup, Doorkeeper, and the Assis tant Doorkeepers of the House of Representatives.

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

Mr. Speaker:
The Senate has agreed to the House amendment to the following Resolution of the Senate:

SR 240. By Senators Allgood of the 22nd and Kennedy of the 4th: A resolution relative to adjournment.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

HB 905. By Representatives Mangum of the 57th and Athon of the 57th:
A bill to amend Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Proprietary School Act", so as to provide for certificates of authorization for proprietary schools in lieu of certificates of approval.

The President has appointed on the part of the Senate the following: Senators Kidd of the 25th, Scott of the 36th and Hudgins of the 15th.

The Speaker assumed the Chair.

The following Bills of the House and Senate were taken up for the purpose of consid ering the reports of the Committees of Conference thereon:

HB 107. By Representative Richardson of the 52nd:
A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Anno tated, relating to consent for surgical or medical treatments, so as to provide for consent to the drawing and testing of fluid samples and the consequences thereof; to provide for the disclosure of information obtained as a result of consented to health care treatment, care, testing, or examination.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 107

The Committee of Conference on HB 107 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 107 be adopted.
Respectfully submitted,

2620

JOURNAL OF THE HOUSE,

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
/s/ Frank A. Albert Senator, 23rd District
/s/ Hudgins Senator, 15th District

FOR THE HOUSE OF REPRESENTATIVES:
Eleanor L. Richardson Representative, 52nd District E M Childers Representative, 15th District
/s/ J. E. McKinney Representative, 35th District

A BILL
To amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which application for appeal is required, so as to provide for appeals from orders issued pursuant to Code Section 31-17-4; to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical treatment, so as to provide for the disclosure of information obtained as a result of consented-to health care treatment, care, testing, procedures, or examination; to amend Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to the control of venereal disease, so as to revise sub stantially that chapter in order to provide for the applicability of several provisions thereof to sexually transmissible diseases; to provide for definitions; to provide for legislative declarations and findings; to require persons who undergo blood tests to be tested for acquired immune deficiency syndrome (AIDS); to provide exceptions; to prohibit the disclosure of the results of such tests for acquired immune deficiency syndrome (AIDS); to provide exceptions; to require reports of sexually transmissible disease cases; to require certain afflicted persons to submit to certain measures and provide for judicial proceedings and jurisdiction to require such submission; to provide that certain orders may be subject to review; to provide for testing of pregnant women for sexually transmissible diseases; to provide for prophylactic treatment of newborn children regarding sexually transmissible disease; to provide for certain laboratory tests and results; to provide for treatment of minors having sexually transmissible diseases; to provide for the confidential and privi leged nature of certain information regarding sexually transmissible diseases and afflicted persons and restrict the disclosure of that information and provide for exceptions thereto; to provide for departmental designation of sexually transmissible diseases and high-risk groups for such diseases; 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 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which application for appeal is required, is amended by adding immediately following paragraph (7) of subsection (a) thereof a new paragraph to read as follows:
"(7.1) Appeals from orders under Code Section 31-17-5 requiring persons afflicted with sexually transmissible diseases to submit to certain measures;".
Section 2. Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical or medical treatments, is amended by adding at the end thereof a new Code section to read as follows:
"31-9-8. (a) For purposes of this Code section, the term 'health care provider' means any person or entity furnishing health care to persons, including but not limited to any physician, osteopath, podiatrist, dentist, nurse, hospital, clinic, pathology labora tory, nursing home, medical research institution or project, governmental epidemiologic agency, or blood, organ, tissue, or semen bank.
(b) Subject to federal regulations concerning confidentiality of patient information, consent validly obtained under this chapter to treatment, care, testing, procedures, or examination furnished by a health care provider shall be deemed to authorize the disclo sure of information obtained as a result of that treatment, care, testing, procedures, or examination where that disclosure is:

THURSDAY, MARCH 12, 1987

2621

(1) Made to another health care provider or agent or employee thereof; and (2) Reasonably medically necessary and appropriate for:
(A) Diagnosis, care, or treatment of the person about whom information is to be disclosed; or
(B) Protection of the health and safety of the patient, the patient's spouse, other patients, or the health care provider or the provider's agents or employees, (c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged patient information or communications shall not in any way abridge or destroy the confidential or privileged character thereof. Any person making a disclosure authorized by and in compliance with this Code section shall not be liable to the patient or any other person notwithstanding any contrary provision of Code Section 24-9-21 or 24-9-40."
Section 3. Chapter 17 of Title 31 of the Official Code of Georgia Annotated, relating to the control of venereal disease, is amended by striking that chapter in its entirety and inserting in its place a new chapter to read as follows:
"CHAPTER 17
31-17-1. As used in this chapter, the term: (1) 'Afflicted person' means any person who, based on reasonable information or
belief, is likely to be or is actually afflicted with a sexually transmissible disease. (2) 'Sexually transmissible disease' means any of the following:
(A) Syphilis caused by Treponema pallidum;
(B) Gonorrhea caused by Neisseria gonorrhoeae;
(C) Acquired immune deficiency syndrome (AIDS) caused by human immune deficiency virus; and
(D) Such other diseases as determined by the Department of Human Resources under Code Section 31-17-11 to be sexually transmissible. 31-17-2. (a) Sexually transmissible diseases are declared to be dangerous to the public health, safety, and welfare. (b) In order to ensure that sexually transmissible diseases will be reported as required by this chapter, and to protect the constitutional and common law right of pri vacy of afflicted persons and their contacts, the General Assembly finds that certain information regarding these diseases and afflicted persons should be made privileged and confidential and certain proceedings relating thereto shall be closed to the public. 31-17-3. (a) Except as provided in subsection (b) of this Code section, any person who undergoes a blood test in a physician's office, hospital, dispensary, clinic, blood bank, or other medical facility, or at the direction of any physician, nurse, or other medical technician, shall be tested for acquired immune deficiency syndrome (AIDS) unless such person can provide evidence that he or she has undergone a blood test in this state within the immediately preceding 12 months. When a test given under this Code section has been determined to be or confirmed positive for acquired immune defi ciency syndrome (AIDS), the results of that test shall be privileged and confidential and shall not be disclosed, except that the following shall be notified: (1) The department; (2) The person to whom the test was given or a person designated in writing by the person to whom the test was given; (3) Any physician attending or giving care to the person to whom the test was given; and (4) Any health care provider or persons as authorized in Code Section 31-9-8. (b) A test for acquired immune deficiency syndrome (AIDS) shall not be required of persons whose blood tests consist only of a WIC or finger-stick blood test. (c) The provisions of subsections (a) and (b) of this Code section shall apply to blood tests administered in state facilities and blood tests the cost of which will be paid from state funds. 31-17-4. Any physician or other person who makes a diagnosis of or treats a case of sexually transmissible disease and any superintendent or manager of a hospital, dispen sary, or charitable or penal institution in which there is discovered a case of sexually

2622

JOURNAL OF THE HOUSE,

transmissible disease shall make a report of such case to the department in such form and manner as the department shall direct.
31-17-5. (a) Any authorized agent of the department or of a county board of health is authorized, when in that person's judgment it is necessary to protect the public health, safety, and welfare, to require any afflicted person to submit to examination, testing, treatment, counseling, or any combination thereof, and, upon the afflicted person's refusal to submit thereto, may seek a court order under this Code section requiring such submission. For purposes of this Code section, the term 'court' means the superior court, which court shall have exclusive original jurisdiction over actions under this Code section.
(b) An application for a court order under this Code section shall be filed in the superior court of the county of residence of the afflicted person or the county where that person is found and shall be filed with the clerk of that superior court. That clerk shall file and handle any such application and related papers in the same fashion and with the same confidentiality as required for adoption proceedings.
(c) An application for a court order under this Code section shall set out with specificity the following:
(1) Each reason for believing the afflicted person is reasonably likely to be afflicted with a sexually transmissible disease and the afflicted person's inclusion in
any known high-risk group for such disease may be among the reasons but not the sole reason for such belief;
(2) The sexually transmissible disease with which the afflicted person is believed to be afflicted; and
(3) Any examination or testing required and the general terms of any required treatment or counseling. (d) An application or hearing under this Code section shall not require the disclosure
of the identity of any alleged sexual or other contact who served as an informant regard ing an afflicted person. The evidence of such informant, however, shall be received by
an affidavit for in camera review by the court. Such affidavit shall specify: (1) Whether such informant has had intimate sexual contact with the afflicted
person; (2) The nature of any such sexual contact; and (3) Whether the informant has a sexually transmissible disease.
A copy of such affidavit, with the deletion of the informant's name and identity, shall be given at or prior to the hearing to the afflicted person or that person's counsel.
(e) Upon an application being filed under this Code section, the court shall have served on the afflicted person named in the application a copy of the application and
shall require that person to show cause, at a hearing held by that court, why the appli cation for the court order should not be granted.
(f) An afflicted person for whom an order is sought under this Code section shall
have a right to counsel in any judicial proceeding under this Code section and if that person cannot afford counsel, the court shall appoint counsel for that person. The governmental entity on behalf of which the application is made for a hearing under this
Code section shall pay the expenses for any appointed counsel therefor from any funds available to that entity. Counsel shall be paid in the same manner in which attorneys are paid for hearings under Chapter 3 of Title 37, relating to mental health.
(g) Any hearing or proceeding by the court under this Code section shall be a nonjury hearing or proceeding held in camera and only court personnel, parties to the proceeding and their witnesses, and any counsel for the parties may be present. Informa
tion obtained at such hearing or proceeding shall be privileged and confidential. (h) Upon a showing of probable cause by an applicant for an order at a hearing
under subsection (g) of this Code section, which probable cause must include more evi dence than the afflicted person's inclusion in a high-risk group for a sexually
transmissible disease, the court may order and require appropriate examination, testing, treatment, counseling, or any combination thereof for an afflicted person.
(i) When reasonably necessary to carry out an order under subsection (h) of this
Code section, the court may command any law enforcement agency to locate, restrain, and arrest the afflicted person subject to that order.

THURSDAY, MARCH 12, 1987

2623

(j) Orders issued under subsection (h) of this Code section shall be reviewable on appeal pursuant to Code Section 5-6-35, except that any notice of appeal shall not act as a supersedeas for any order requiring testing, examination, treatment, counseling, or any combination thereof.
31-17-6. (a) The department may require every pregnant woman, or any special risk group of pregnant women as determined by the department under its rules and regula tions, to submit to a standard serologic test or other appropriate tests to determine sexually transmissible diseases and may require any person attending or giving prenatal care to such woman to take or cause to be taken a blood specimen for use in such test. Such specimens shall be submitted for laboratory testing in the manner prescribed by the department; and all laboratories conducting such tests shall comply with the rules, regulations, and reporting requirements prescribed therefor by the department.
(b) When a test given to a pregnant woman under subsection (a) of this Code section has been determined to be or confirmed positive for a sexually transmissible disease, the results of that test shall be privileged and confidential and may not be disclosed except
to: (1) The department; (2) The pregnant woman to whom the test was given or a person designated in
writing by the pregnant woman to whom the test was given; (3) Any physician attending or giving prenatal care to the pregnant woman to
whom the test was given; and (4) Any adoption or child placement agency, foster parents, or adoptive parents
who have or seek to have legal custody of the child who was delivered or is to be delivered by the woman to whom the test was given, except that the identity of nei
ther natural parent of the child may be disclosed, and the department by rule and regulation may specify additional conditions for any disclosure under this paragraph.
31-17-7. It shall be the duty of any person who shall be in attendance on any child birth to apply to the child such prophylactic treatment as may be prescribed by the
department to prevent blindness from gonococcus disease; to comply otherwise with such rules, regulations, and reporting requirements as shall be prescribed by the department;
and to employ such reasonable medical practices and procedures as are established by rules of the department as being necessary to prevent or minimize the risk of disease from sexually transmissible disease.
31-17-8. All laboratories conducting any test for sexually transmissible diseases shall comply with the rules, regulations, and reporting requirements prescribed therefor by
the department, but such laboratories shall not be authorized or required to perform any test for acquired immune deficiency syndrome as a part of or in connection with any test required for the issuance of a marriage license under Code Section 19-3-40. Such
test results and records thereof shall be privileged and confidential and shall not be dis closed except to:
(1) The department;
(2) Any physician ordering such tests; and (3) Any person on whom the test was performed or any person designated in writ
ing by the person on whom the test was performed. 31-17-9. (a) The consent to the provision of medical or surgical care or services by
a hospital or public clinic or to the performance of medical or surgical care by a physi cian licensed to practice medicine, when such consent is given by a minor who is or pro
fesses to be afflicted with a sexually transmissible disease, shall be as valid and binding as if the minor had achieved the minor's majority, except that any such treatment shall involve procedures and therapy related to conditions or illnesses arising out of the
sexually transmissible disease which gave rise to the consent authorized under this Code section. Any such consent shall not be subject to later disaffirmation by reason of minor
ity. The consent of no other person or persons, including but not limited to a spouse, parent, custodian, or guardian shall be necessary in order to authorize the provision to such minor of such medical or surgical care or services as are described in this subsec
tion. (b) The fact of a minor's having a sexually transmissible disease or consenting to or
obtaining treatment therefor, if such fact arises out of actions by that minor pursuant

2624

JOURNAL OF THE HOUSE,

to subsection (a) of this Code section, shall be privileged and confidential and may not be disclosed except to:
(1) Any physician or other member of the medical staff of a hospital or public health clinic, which physician or staff member is involved in providing that treatment;
(2) The parents, guardian, or custodian of a minor under 13 years of age or a person designated in writing by the parents, guardian, or custodian of such a minor;
(3) The minor who is the afflicted person or a person designated in writing by the minor who is the afflicted person; and
(4) The parents, guardian, or custodian of a minor between the ages of 13 and 18, or a person designated in writing by the parents, guardian, or custodian of such a minor, if the treating physician determines such disclosure is necessary. 31-17-10. (a) Except as provided in subsection (b) of this Code section, the follow ing information relating to an afflicted person's sexually transmissible disease shall be privileged and confidential:
(1) Test results; (2) Records of treatment; (3) History; (4) Reports; (5) Research data; (6) The identity of the afflicted person; (7) The identity of alleged sexual contacts of the afflicted person; and (8) Information which would reveal the identity of either person specified in para graphs (6) and (7) of this subsection. (b) Information otherwise privileged and confidential under this chapter may be dis closed if: (1) That disclosure is authorized pursuant to any other provisions of this chapter; (2) That disclosure is required by federal law, but only to the extent so required; (3) That disclosure is substantially related to and necessary for the testing or treatment of the afflicted person; (4) That disclosure is made by a physician or health care facility pursuant to Code Section 24-9-40 or any other law authorizing a physician or health care facility to dis close otherwise privileged information; (5) That disclosure is made pursuant to Code Section 31-9-8; (6) That disclosure is for research purposes and does not reveal:
(A) The identity of the afflicted person; (B) The identity of alleged sexual contacts of the afflicted person; or (C) Information which would reveal the identity of either person specified in subparagraphs (A) and (B) of this paragraph; (7) That disclosure is made to the afflicted person or a person designated in writ ing by the afflicted person to receive such information; (8) That disclosure involves information regarding sexual assault or sexual exploi tation of a child and is required to be reported pursuant to Code Section 19-7-5 or any other law requiring the reporting of such assault or exploitation of a child, but only to the extent that such disclosure is so required to be reported;
(9) That disclosure is made to the parent or guardian of a minor child unless the information is discovered pursuant to and is privileged under Code Section 31-17-9; or
(10) That disclosure is made in the ordinary course of business to any employee or agent of the department, county board of health, hospital, laboratory, clinic, or other entity authorized or required under this chapter to receive or report that information.
31-17-11. (a) The department by rule and regulation may designate as a sexually transmissible disease any disease other than one specified in paragraphs (1) through (4) of subsection (a) of Code Section 31-17-1 only upon a finding by the department that the disease:
(1) Is principally transmitted by sexual contact;
(2) Causes significant morbidity or mortality for individuals or for the health of newborn children; and

THURSDAY, MARCH 12, 1987

2625

(3) (A) Can be cost effectively screened, diagnosed, counseled, and treated in a public health control program; or
(B) Is of major public health concern such that surveillance of the disease occur rence is in the public interest. (b) The department by rule and regulation shall designate, based on appropriate epidemiological data, known high-risk groups for any sexually transmissible disease for purposes of this Code section. 31-17-12. Notwithstanding any other provisions of this chapter, this chapter shall not apply to any person who is 65 years of age or older."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that subsection (c) of Code Section 31-17-3 in Section 3 of this Act shall become effective only when the funds necessary to carry out its purposes are appropriated by the General Assembly.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative McKinney of the 35th moved that the House adopt the report of the Committee of Conference on HB 107.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron N Adams.G N Adams.M Y Aiken Y Alford Y Alien N Athon Y Atkins Y Bailey N Balkcom Y Bannister
Bargeron Y Barnett.B Y Barnett.M YBeck Y Benefield N Benn Y Birdsong Y Bishop
Bos tick Y Branch Y Bray Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless N Chance
Cheeks N Childers N Childs Y Clark.B Y Clark.L

Y Colbert Y Coleman
Colwell
Y Connell Y Cooper
Y Couch NCox Y Crawford N Crosby N Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover N Dunn
N Edwards Y Felton
Y Floyd Y Foster Y Galer Y God bee Y Goodwin Y Green
Y Greene N Greer
Y Gresham Y Griffin Y Groover N Hamilton Y Banner Y Harris Y Hasty
YHays Heard
Y Hensley

N Herbert
Y Holcomb Y Holmes N Hooks
Y Hudson Y Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Johnson.D Y Johnson.R Y Kilgore Y Kingston Y Lane,D
Y Lane.R Y Langford Y Lawler Y Lawrence Y Lawson
YLee Linder
YLong YLord Y Lucas Y Lupton N Mangum N Martin N McDonald N McKelvey Y McKinney Y Milam N Milford Y Mobley Y Moody Y Moore Y Morton

On the motion, the ayes were 128, nays 39. The motion prevailed.

Mostiler N Moultrie
Y Mueller Y Oliver N Orrock
Y Padgett N Pannell Y Parham Y Parrish
Patten N Peters Y Pettit N Phillips
Pinkston Y Pittman Y Porter Y Powell N Prichard N Rainey Y Ramsey.T Y Ramsey.V Y Randall Y Ransom YRay Y Reaves N Redding N Richardson Y Ricketson N Robinson.C Y Robinson.P Y Royal N Selman Y Shepard Y Sherrod Y Simpson
Sinkfield

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

Representative Hamilton of the 124th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 230. By Senators Deal of the 49th and Hine of the 52nd:

2626

JOURNAL OF THE HOUSE,

A bill to amend Chapter 1 of Title 16 of the Official Code of Georgia Anno tated, relating to general provisions relative to crimes and offenses, so as to provide for a statement of intent and purpose; to provide that the repeal, repeal and reenactment, or amendment of certain criminal laws shall not
affect or abate the status as a crime of criminal acts or omissions which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 230

The Committee of Conference on SB 230 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 230 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ J. Nathan Deal
Senator, 49th District
/s/ Ed Hine Senator, 52nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Rov Allen Representative, 127th District
/s/ Michael L Thurmond Representative, 67th District

/s/ A. Quillian Baldwin, Jr. Senator, 29th District

/s/ J. Max Davis Representative, 45th District

A BILL
To amend Chapter 1 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to crimes and offenses, so as to supersede and abolish the rule of common law stated by the Supreme Court of Georgia in the case of Robinson v. The State, 256 Ga. 564 (1986) that when a statute making described conduct a crime is repealed prior to final judgment on a conviction, the repeal ends the prosecution if the legislature has not provided otherwise in a saving clause; to provide that the repeal, repeal and reenactment, or amendment of certain criminal laws shall not affect or abate the status as a crime of criminal acts or omissions which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law; to provide that prosecutions of such crimes shall not be abated as the result of such repeal, repeal and reenactment, or amendment unless the General Assembly expressly declares otherwise; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to crimes and offenses, is amended by adding at the end thereof a new Code Section 16-1-11 to read as follows:
"16-1-11. The repeal, repeal and reenactment, or amendment of any law of this state which prohibits any act or omission to act and which provides for any criminal penalty therefor, whether misdemeanor, misdemeanor of a high and aggravated nature, or felony, shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment unless the General Assembly expressly declares otherwise in the Act repealing, repealing and reenacting, or amending such law."

THURSDAY, MARCH 12, 1987

2627

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 Alien of the 127th moved that the House adopt the report of the Committee of Conference on SB 230.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M
Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Balkcom Y Bannister
Bargeron Y Barnett,B Y Barnett,M
Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch YBray
Y Brooks Y Brown YBuck Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers Y Childs
Clark,B Y Clark.L

Y Colbert Y Coleman Y Colwell Y Connell Y Cooper Y Couch
YCox
Y Crawford Y Crosby Y Cummings Y Davis.G Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn Y Edwards
Felton Y Floyd Y Foster Y Galer YGodbee Y Goodwin Y Green Y Greene Y Greer Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty YHays
Heard Hensley

Y Herbert Y Holcomb Y Holmes Y Hooks
Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson.D Y Johnson.R
Y Kilgore Y Kingston
Y Lane,D Y Lane,R Y Langford Y Lawler Y Lawrence Y Lawson YLee
Linder YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin
Y McDonald Y McKelvey
McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore Y Morton

On the motion, the ayes were 155, nays 0. The motion prevailed.

Mostiler Y Moultrie Y Mueller
Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit Y Phillips
Pinkston
Y Pittman Y Porter Y Powell
Prichard Y Rainey Y Ramsey.T Y Ramsey.V YBandall Y Ransom
YRay Y Reaves Y Redding
Richardson Y Ricketson Y Robinson.C Y Robinson,P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield

Y Sizemore
Y Smith,L Y Smith.P Y Smith.T Y Smith,W Y Smyre
YSnow Y Stancil
Stanley Steinberg Y Stephens Thomas.C Thomas.M Y Thompson Y Thurmond Y Townsend Y Triplett Y Twiggs Waddle Y Waldrep Walker.C Y Walker.L Y Wall YWare
Y Watson Y Watts Y White
Y Wilder Y Williams.B Y Williams,J
Wilson Y Wood Y Workman Y Yeargin
Young Murphy,Spkr

SB 231. By Senators Deal of the 49th, Newbill of the 56th and Dawkins of the 45th:
A bill to amend Code Section 20-2-942 of the Official Code of Georgia Anno tated, relating to procedure for nonrenewal of contract or demotion after acceptance by teacher of school year contract for fourth consecutive school year and procedure for nonrenewal of contract or demotion by another local board of education.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 231

The Committee of Conference on SB 231 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 231 be adopted.

2628

JOURNAL OF THE HOUSE,

FOR THE SENATE:
Is/ J. Nathan Deal Senator, 49th District
M Harrill L. Dawkins Senator, 45th District
Is/ Sallie Newbill Senator, 56th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES: ,, /s/ Trov A- Athon Representative, 57th District /g/ Terry D Lawler Representative, 20th District
/a/ Earleen Sizemore Representative, 136th District

A BILL
To amend Code Section 20-2-942 of the Official Code of Georgia Annotated, relating to procedure for nonrenewal of contract or demotion after acceptance by teacher of school year contract for fourth consecutive school year and procedure for nonrenewal of contract or demotion by another local board of education, so as to provide for a ten-day period for teachers to review contracts; to provide that professional certificated personnel employed by a school system which consolidates or merges with another school system shall continue in his or her current employment and shall retain other rights under the new system; to provide for procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-942 of the Official Code of Georgia Annotated, relating to procedure for nonrenewal of contract or demotion after acceptance by teacher of school year contract for fourth consecutive school year and procedure for nonrenewal of contract or demotion by another local board of education, is amended by adding two new para graphs (6) and (7) at the end of subsection (b) of said Code section to read as follows:
"(6) Local boards shall make contract offers available to teachers for a minimum ten-day review period. A teacher accepts the contract by signing and returning it any time during the ten-day period.
(7) (A) Professional certificated personnel employed by a county or independent local school system that becomes consolidated with or merged into another county or independent local school system as provided in Article 8 of this chapter or otherwise shall retain their employment, except as provided in subparagraph (B) of this para graph, in the newly created, or surviving, school system. Said professional certificated personnel shall retain and carry over all the rights already accrued and earned in the professional certificated personnel's prior school system and as set forth in this para graph.
(B) Any reductions in staff due to loss of students or cancellation of programs in the newly created, or surviving, school system necessitated by the consolidation or merger shall be made first in preference of retaining professional certificated per sonnel on the basis of uniformly applied criteria set forth in local school board policies of the newly created, or surviving, school system."
Section 2. 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 SB 231.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Adams.G Y Adams.M Y Aiken Y Alford

Y Alien
Y Athon Y Atkins Y Bailey
Balkcom

Y Bannister
Y Bargeron Y Barnett.B Y Barnett.M
Beck

Y Benefield
Y Benn Y Birdsong Y Bishop Y Bostick

Y Branch
Y Bray Y Brooks Y Brown Y Buck

THURSDAY, MARCH 12, 1987

2629

Y Buford YByrd Y Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers Y Childs Y Clark.B
Clark,L Y Colbert Y Coleman Y Colwell Y Connell
Cooper Y Couch YCoi Y Crawford
Crosby Cummings Y Davis,G Y Davis.M Y Dixon Y Dobbs Y Dover Y Dunn Edwards Y Felton Y Floyd Y Foster

Galer
Y Godbee Y Goodwin Y Green Y Greene Y Greer Y Gresham
Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty YHays
Heard Y Hensley Y Herbert Y Holcomb
Y Holmes Hooks
Y Hudson Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Johnson,D Y Johnson.R Y Kilgore Y Kingston Y Lane.D Y Lane.R

Y Langford Y Lawler Y Lawrence Y Lawson YLee
Linder
YLong YLord Y Lucas Y Lupton Y Mangum
Martin Y McDonald Y McKelvey
McKinney Y Milam
Milford Y Mobley Y Moody Y Moore Y Mortpn
Mos tiler Y Moultrie Y Mueller Y Oliver Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten

On the motion, the ayes were 147, nays 1. The motion prevailed.

Peters Y Pettit Y Phillips
Pinks ton Y Pittman Y Porter Y Powell Y Prichard
Rainey Y Ramsey.T
Ramsey.V Y Randall Y Ransom
YRay Y Reaves
Y Redding Richardson
Y Ricketson Robinson.C
Y Robinson,? Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield Y Sizemore Y Smith.L Y Smith.P Y Smith.T
Smith.W

YSmyre YSnow Y Stand! Y Stanley
Y Steinberg Y Stephens
Thomas.C Thomas.M Thompson Y Thurmond N 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 Wilson Y Wood Y Workman Y Yeargin Young Murphy ,Spkr

SB 315. 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 change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in this chapter.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 315

The Committee of Conference on SB 315 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 315 be adopted.

Respectfully submitted,

FOR THE SENATE:
1st Culver Kidd Senator, 25th District
/s/ Carl Harrison Senator, 37th District
/s/ Wayne Garner Senator, 30th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ E. M. Childers Representative, 15th District
/s/ James C. Moore Representative, 139th District
/s/ Jim Pannell Representative, 122nd District

2630

JOURNAL OF THE HOUSE,

A BILL
To amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide for findings and a declaration of policy relative to emergency medical services systems; to change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency medical techni cian" everywhere it appears in Chapter 11 of Title 31; to provide for certain regional emer gency medical services councils; to change certain system designations; to provide for the designation of trauma centers; to provide that in certain counties the rules of the Depart ment of Human Resources shall not require more than one emergency medical technician in a nondriver capacity in an ambulance transporting a patient; to provide that portions of such rules shall affect ambulance drivers; to provide for rules on training of drivers; to provide for separate licensing of different types of ambulance services; to provide for approval by a regional EMS council prior to licensing of a new ambulance service; to pro vide in appeals from final decisions of the Department of Human Resources for the right to a jury trial de novo before a superior court; to provide for a supercedeas of the decision of the Department of Human Resources pending appeal; to provide for all related matters; to provide for exceptions; to change certain references to a division of the Department of Human Resources; to provide that all counties with ambulance service shall have a medical adviser; to clarify certain age requirements for licensure; to change the services that emer gency medical technicians may render; to provide for additional services that paramedics, cardiac technicians, and emergency medical technicians may render; to provide the circum stances under which such additional services may be rendered; to change certain recertification requirements; 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 11 of Title 31 of the Official Code of Georgia Annotated, relat ing to emergency medical services, is amended by striking Code Section 31-11-1, relating to findings of the General Assembly and declaration of policy, in its entirety and inserting in lieu thereof a new Code Section 31-11-1 to read as follows:
"31-11-1. (a) The General Assembly finds and determines: (1) That the furnishing of emergency medical services is a matter of substantial
importance to the people of this state; (2) That the cost and quality of emergency medical services are matters within the
public interest; (3) That it is highly desirable for the state to participate in the support and
development of emergency medical services systems communications programs estatelisncQ pursuant to r uulic I_jaw Jo- Io4, entitled tnc cjmcrgcncy iVLcdical ocrvices oys"
ttfl*mllloS f\ifvti/ tnTTf 1LtnJ7I*U>-,
(4) That the administration of an emergency medical services aystcma system com munications program should be the responsibility of the Department of Human Resources, acting upon the recommendations of the local entity which coordinates the program; all ambulance services shall be a part of this system even if this system is the '911' emergency telephone number;
(5) That an emergency medical services systems system communications program in a health district should be operated as economically and efficiently as possible to serve the public welfare and, to achieve this goal, should involve the designation of geographical territories to be serviced by participating ambulance providers and should involve an economic and efficient procedure to distribute emergency calls among participating ambulance providers serving the same health district; ad
(6) Any That any first responder falls under the department's rules and regula tions governing ambulances and can transport only in life-threatening situations or by orders of a licensed physician or when a licensed ambulance cannot respondT; and
(7) There shall be established by each regional EMS council a medical control pro gram to include accountability and performance evaluations of the emergency medical service systems personnel, cardiac technicians, emergency medical technicians, and paramedics within the emergency medical services in this state.

THURSDAY, MARCH 12, 1987

2631

(b) The General Assembly therefore declares that, in the exercise of the sovereign powers of the state to safeguard and protect the public health and general well-being of its citizens, it is the public policy of this state to encourage, foster, and promote emergency medical services systems communications programs and that such programs systems shall be accomplished implemented in a manner that is coordinated, orderly, economical, and without unnecessary duplication of services and facilities."
Section 2. Said chapter is further amended by striking Code Section 31-11-2, relat ing to definitions relative to emergency medical services, in its entirety and inserting in lieu thereof a new Code Section 31-11-2 to read as follows:
"31-11-2. As used in this chapter, the term: ft)--'Advanced emergency medical technician' means a person who has been certi-
m emergency ear* techniques in an advanced emergency medical technician training course approved by the Department of Human Resources.
f2) (1) 'Ambulance' means a motor vehicle any transport vehicle that is specially constructed specifically modified and equipped and is intended to be used for the emergency transportation of patients, including dual purpose police patrol eats and
ground, water, and air transport vehicles. f3) (2) 'Ambulance attendant' means a person responsible for the care of patients
being transported in an ambulance. f4-) (3) 'Ambulance provider' means an agency or company providing ambulance
service which is operating under a valid license from the Emergency Health Section of the Division of Physical Public Health of the Department of Human Resources.
f&) (4) 'Ambulance service' means the providing provision of emergency care and transportation en the public streets and highways of in this state for a wounded, injured, sick, invalid, or incapacitated human being to or from a place where medical or hospital care is furnished.
fS) (5) 'Cardiac technician' means a person who, having been trained and certified as an emergency medical technician and having completed additional training in advanced cardiac life support techniques in a training course approved by the depart ment, is so certified by the Composite State Board of Medical Examiners.
f?) (6) 'Composite board' means the Composite State Board of Medical Examiners. f8) (7) 'Emergency medical services system Medical Services System (EMSS)' means a system which provides for the arrangement of personnel, facilities, and equipment2 including communications, for the effective and coordinated delivery in an appropriate geographical area of health care services under emergency conditions { 2 occurring either as a result of the patient's condition or as a result of natural disasters or similar situations) j and which is administered by a public or nonprofit private entity which has the authority and the resources to provide effective administration of the system. f9) (8) 'Emergency Medical Systems Communications Program' (EMSC Program) means any program established pursuant to Public Law 93-154, entitled the Emer gency Medical Services Systems Act of 1973, which serves as a central communications system to coordinate the personnel, facilities, and equipment of an emergency medical services system and which:
(A) Utilizes emergency medical telephonic screening; (B) Utilizes a publicized emergency telephone number; and (C) Has direct communication connections and interconnections with the per sonnel, facilities, and equipment of an emergency medical services system. (iO) (9) 'Emergency medical technician' means a person who has been certified by the department after having successfully completed an emergency medical care train ing program approved by the department. ftt) (10) 'First responder' means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service. fHi) (11) 'Health districts' means the geographical districts designated by the department in accord with Code Section 31-3-15.

2632

JOURNAL OF THE HOUSE,

(12) 'Invalid car' means a motor vehicle not used for emergency purposes but used only to transport persons who are convalescent, sick, or otherwise nonambulatory.
(14) (13) 'License' when issued to an ambulance service signifies that its facilities and operations comply with this chapter and the rules and regulations issued by the department hereunder.
4)46) (14) 'License officer' means the commissioner of human resources or his designee.
^loj --tiGCfn cooFuin&tin entity" iftCftfts TC public or nonprofit privflte entity ctcsigTM uated by the Beai-d- ef- Human Resources or its dcsigncc te administer and coordinate
blilll/ pJ-^J1^VO 1LfJ*U P1 r1nUrTgli-Unm lll iinn aA 11H--U-11*11!-1 Urllifalfl-rllilr.itl nCofltlQ oKUH llAglhllf'^U TinIT aoif*fl*nurlHU w 11 1itHhI P^JnWrEUlr* Q LJIr<1f>-tliilrUmll 01 _p 1 g
(15) 'Paramedic' means a person who has been certified by the Composite State Board of Medical Examiners after having been trained in emergency care techniques in a paramedic training course approved by the Department of Human Resources.
(W) (16) 'Patient' means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless.
{18) (17) 'Person' means any individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose, or organization of any kind, including any governmental agency other than of the United States.
419) (18) 'Provisional license" when issued to an ambulance service means a license issued on a conditional basis to allow a newly established ambulance service a period of 30 days to demonstrate that its facilities and operations comply with this chapter and rules and regulations issued by the department under this chapter.
(19) 'Regional EMS council' means the public or nonprofit private entity desig nated by the Board of Human Resources 01 its designee to administer and coordinate the EMSS Program in a health district established in accord with Code Section 31-3-15. There shall be a regional EMS council to coordinate each EMSS Program. The regional EMS council for the metropolitan Atlanta area will have an equal number of representatives from each county in the health district, to be appointed by the board of commissioners of each such county. There shall be three additional mem bers appointed by the department. The regional EMS council for such area will not have more than 30 total members. Each representative on that regional EMS council shall be a person actively engaged in the provision of emergency medical services. If more than one representative is appointed from any county, at least one representa tive from that county shall be a licensed ambulance service, unless no licensed ambu lance service exists in that county. Each regional EMS council shall have authority to appoint advisory committees to make recommendations as necessary to develop and implement the EMSS Program. Membership of regional EMS councils as defined in this paragraph shall be implemented in the health district serving the metropolitan Atlanta area immediately upon July 1^ 1987."
Section 3. Said chapter is further amended by striking Code Section 31-11-3, relat ing to recommendations by local coordinating entities as to administration of EMSC pro grams, in its entirety and inserting in lieu thereof a new Code Section 31-11-3 to read as follows:
"31-11-3. (a) The Board of Human Resources shall have the authority on behalf of the state to designate and contract with a public or nonprofit local entity to coordinate and administer the EMSC EMSS Program for each health district designated by the Department of Human Resources. The teeal coordinating entity regional EMS council thus designated shall be responsible for recommending to the board or its designee the manner in which the BMS EMSS Program is to be conducted. In making its recom mendations, the local coordinating entity regional EMS council shall give priority to making the EMSC EMSS Program function as efficiently and economically as possible. Each licensed ambulance provider in the health district shall have the opportunity to participate in the EMSC EMSS Program.
(b) The local coordinating entity regional EMS council shall request from each licensed ambulance provider in its health district a written description of the territory

THURSDAY, MARCH 12, 1987

2633

in which it can respond to emergency calls, based upon the provider's average response time from its base location within such territory; and such written description shall be due within ten days of the request by the local coordinating entity regional EMS council.
(c) After receipt of the written descriptions of territory in which the ambulance providers propose to respond to emergency calls, the local coordinating entity regional EMS council shall within ten days recommend in writing to the board or its designee the territories within the health district to be serviced by the ambulance providers; and at this same time the local coordinating entity regional EMS council shall also recom mend the method for distributing emergency calls among the providers, based primarily on the considerations of economy, efficiency, and benefit to the public welfare. The recommendation of the local coordinating entity regional EMS council shall be for warded immediately to the board or its designee for approval or modification of the ter ritorial zones and method of distributing calls among ambulance providers participating in the EM8C EMSS Program in the health district.
(d) The board, or its designee, is empowered to conduct a hearing into the recom mendations made by the local coordinating entity regional EMS council, and such hear ing shall be conducted according to the procedures set forth in Code Section 31-5-2.
(e) The recommendations of the local coordinating entity regional EMS council shall not be modified unless the board or its designee shall find, after a hearing, that the determination of the district health director regional EMS council is not consistent with operation of the EMSC EMSS Program in an efficient, economical manner that benefits the public welfare. The decision of the board or its designee shall be rendered as soon as possible and shall be final and conclusive concerning the operation of the EM8C EMSS Program; and appeal from such decision shall be pursuant to Code Section 31-5-3.
(f) The local coordinating entity regional EMS council shall begin administering the EMSC EMSS Program in accord with the decision by the board or its designee immedi ately after the decision by the board or its designee regarding the approval or modifi cation of the recommendations made by the local coordinating entity regional EMS council; and the EMSC EMSS Program shall be operated in such manner pending the resolution of any appeals filed pursuant to Code Section 31-5-3.
(g) The regional EMS council shall recommend the designation of trauma centers to the Board of Human Resources. Trauma centers designated prior to July 1^ 1987, shall retain that designation subject to any provisions for review and approved performance criteria. Territorial zones served by ambulance providers as a result of a plan approved by the department prior to July 1^ 1987, shall not be modified exclusively as a result of this subsection."
Section 4. Said chapter is further amended by striking subsection (a) of Code Section 31-11-5, relating to rules and regulations governing ambulance services, and insert ing in its place a new subsection to read as follows:
"(a) The department is authorized to adopt and promulgate rules and regulations for the protection of the public health:
(1) Prescribing reasonable health, sanitation, and safety standards for transporting patients in ambulances;
(2) Prescribing reasonable conditions under which ambulance attendants or drivers are requiredj provided that, in any county having a population of 50,000 persons or less according to the United States decennial census of 1980 or any future such census, no more than one emergency medical technician shall be required in a nondriver capacity in an ambulance transporting a patient;
(3) Establishing criteria for the training of ambulance attendants or drivers and prescribing further, that ambulance attendants prior to employment as such must have completed the American Red Cross advanced first-aid course and an approved cardiopulmonary resuscitation course or other courses deemed equivalent by the department. Within nine months of initial employment an attendant must complete an approved emergency medical technician course with required tests and be certified as an emergency medical technician in this state; and

2634

JOURNAL OF THE HOUSE,

(4) The emergency medical technician course is to be offered at area hospitals and area technical vocational schools in conjunction with their emergency patient care and personnel training programs."
Section 5. Said chapter is further amended by striking Code Section 31-11-30, relating to license requirements, in its entirety and inserting in lieu thereof a new Code Section 31-11-30 to read as follows:
"31-11-30. (a) No person shall operate an ambulance service in this state without having a valid license or provisional license issued by the license officer pursuant to this chapter.
(b) There shall be separate and distinct licenses issued for ground, air, and water ambulance services, provided that helicopter ambulances utilized by a public safety agency in conjunction with a licensed ambulance service shall not be required to have a license.
4b) (c) Any person who violates the provisions of this Code section shall be guilty of a misdemeanor."
Section 6. Said chapter is further amended by striking Code Section 31-11-32, relating to the duties of a license officer, and inserting in lieu thereof a new Code Section 31-11-32 to read as follows:
"31-11-32. (a) The license officer shall, within ten days after receipt of an applica tion for a license or provisional license as provided for in this article, cause such investi gation as he deems necessary to be made to determine that the standards prescribed by this chapter have been met.
(b) The license officer shall issue a license under this article for a period of two years, unless earlier suspended, revoked, or terminated, when he finds that all the requirements of this article have been met.
(c) The license officer shall issue provisional licenses for 30 days for the purpose specified in paragraph (18) of Code Section 31-11-2.
(d) Before issuing a license te a government or governmental agency for a new ambu lance service, the license officer shall establish that, eke te inadequate private service, the public's convenience tatA necessity require obtain the approval of the regional EMS council as to the need for the proposed ambulance service."
Section 7. Said chapter is further amended by striking in its entirety Code Section 31-11-36, relating to suspensions or revocations of licenses, and inserting in its place a new Code Section 31-11-36 to read as follows:
"31-11-36. (a) Any license issued under this article may be suspended or revoked for a failure of a licensee to comply and to maintain compliance with this article or rules and regulations issued under this article, but only after opportunity for a hearing as pro vided in Article 1 of Chapter 5 of this title.
(b) Any person who has exhausted all administrative remedies available within the department and who is substantially aggrieved by a final order or final action of the license officer is entitled to judicial review in the manner provided by Article 1 of Chapter 5 of this title and, notwithstanding Code Section 31-5-3. shall be entitled to an appeal to superior court as provided in subsection (c) of this Code section.
(c) 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 erroneous. The enforcement of the order or action appealed from shall be automatically stayed upon the filing of such petition unless the commissioner of human resources in his final order certifies that his decision if stayed will harm the public health and safety, in which case a reviewing court may order a stay only if the court makes a finding that the public health and safety 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 the manner prescribed by law for the service of process, unless such service of process is waived. The appeal shall be an appeal de novo to the superior court and the appealing

THURSDAY, MARCH 12, 1987

2635

party shall have a right to a jury trial and all rights provided under Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' The superior court shall render a decision approving, setting aside, or modifying the order or action appealed from."
Section 8. Said chapter is further amended by striking Code Section 31-11-50, relating to medical advisers, in its entirety and inserting in lieu thereof a new Code Section 31-11-50 to read as follows:
"31-11-50. (a) To enhance the provision of emergency medical care, each ambulance service shall be required to have a medical adviser. The adviser shall be a physician licensed to practice medicine in this state and subject to approval by the medical consul tant of the Emergency Health Section of the Division of Physical Health of the Depart ment of Human Resources. Ambulance services unable to obtain a medical adviser, due to unavailability or refusal of physicians to act as medical advisers, may request the dis trict health director or his designee to act as medical advise* until the services of a physician are available.
(b) The duties of the medical adviser shall be to provide medical direction and train ing for the ambulance service personnel in conformance with acceptable emergency medical practices and procedures.
<e)--T-hts <3ede setJe sfeatt net apply te a*y eetmty having a population ander ^000 according te th United States decennial census ef- 1070 er any seh ftrtwe census."
Section 9. Said chapter is further amended by striking Code Section 31-11-52, relating to certification and recertification of advanced emergency medical technicians and cardiac technicians, in its entirety and inserting in lieu thereof a new Code Section 31-11-52 to read as follows:
"31-11-52. (a) The composite board shall establish procedures and standards for certifying and recertifying advanced emergency medical technicians paramedics and car diac technicians. An applicant for initial certification as an advanced emergency medical technician a paramedic or a cardiac technician must:
(1) Submit a completed application on a form to be prescribed by the composite board, which shall include evidence that the applicant is 18 years of age or older and is of good moral character;
(2) Submit from the department a notarized statement that the applicant has com pleted a training course approved by the department;
(3) Submit to the composite board a fee as set forth in the regulations of the com posite board; and
(4) Meet such other requirements as are set forth in the rules and regulations of the composite board. (b) The department shall also adopt procedures and standards for its approval of advanced emergency medical technician paramedic training courses and cardiac techni cian training courses. The department shall adopt such regulations after consultation with the composite board and other appropriate public and private agencies and orga nizations concerned with medical education and the practice of medicine. Procedures and standards adopted by the department shall be consistent with the purposes and provisions of this chapter."
Section 10. Said chapter is further amended by striking subsection (a) of Code Section 31-11-53, relating to services which may be rendered by emergency medical techni cians and trainees, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Upon certification by the department, emergency medical technicians may do any of the following:
(1) Render first-aid and resuscitation services as taught in the United States Department of Transportation basic training courses for emergency medical techni cians or an equivalent course approved by the department; and
(2) Upon the order of a duly licensed physician, administer approved intravenous solutionSj inflate medical antishock trousers, and insert and use the esophageal obturator airway."

2636

JOURNAL OF THE HOUSE,

Section 11. Said chapter is further amended by striking Code Section 31-11-54, relating to additional services which may be rendered, and inserting in its place a new Code Section 31-11-54 to read as follows:
"31-11-54. (a) Upon certification by the composite board, advanced emergency medical technicians paramedics may perform any service that a cardiac technician is permitted to perform. In addition, upon the order of a duly licensed physician and subject to the conditions set forth in paragraph (2) of subsection (a) of Code Section 31-11-55, advanced emergency medical technicians paramedics may perform any other procedures which they have been both trained and certified to perform, including, but not limited to:
(1) Administration of parenteral injections of diuretics, anticonvulsants, hypertonic glucose, antihistamines, bronchodilators, emetics, narcotic antagonists, and others;
(2) Cardioversion; and (3) Gastric suction by intubation. (b) While in training preparatory to becoming certified, advanced emergency medical technician paramedic trainees may perform any of the functions specified in this Code section under the direct supervision of a duly licensed physician or a registered nurse."
Section 12. Said chapter is further amended by inserting a new Code Section 31-11-55.1 between Code Section 31-11-55 and Code Section 31-11-56, to read as follows:
"31-11-55.1. Emergency medical services technicians, cardiac technicians, and paramedics shall be allowed to render such additional services when the following condi tions are met:
(1) The service is recornmended by the Emergency Health Services Advisory Coun cil (EHSAC) and approved by the Board of Human Resources and the Composite State Board of Medical Examiners as appropriate;
(2) The emergency medical technician, cardiac technician, or paramedic has com pleted a training course relative to such additional service approved by the Depart ment of Human Resources; and
(3) The emergency medical technician, cardiac technician, or paramedic has obtained written authorization from the ambulance service medical adviser to adminis ter such additional service."
Section 13. Said chapter is further amended by striking Code Section 31-11-57, relating to revocation of certificates of advanced emergency medical technicians and car diac technicians, in its entirety and inserting in lieu thereof a new Code Section 31-11-57 to read as follows:
"31-11-57. Certificates issued to advanced emergency medical technicians paramedics and cardiac technicians pursuant to this chapter may be revoked for good cause by the composite board in accordance with established rules and regulations, after notice to the certificate holder of the charges and an opportunity for hearing. Such proceedings shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The composite board shall have the authority to conduct investigations and subpoena any documents relating to the fitness of advanced emergency medical technicians paramedics and cardiac technicians. Such documents may be used in any hearing conducted by the composite board."
Section 14. Said chapter is further amended by striking Code Section 31-11-58, relating to recertification standards, in its entirety and inserting in lieu thereof a new Code Section 31-11-58 to read as follows:
"31-11-58. (a) Standards adopted by regulation of the composite board or the department for the periodic recertification of emergency medical technicians, advanced emergency medical technicians paramedics, and cardiac technicians may include such additional examination or educational requirements as the composite board or the department deems appropriate to ensure the continued competency of such technicians. No standards shall be adopted by the composite board or the department pursuant to this subsection other than those authorized by the other subsections of this Code section.

THURSDAY, MARCH 12, 1987

2637

(b) In order to ensure the continued competency of emergency medical technicians, cardiac technicians, and advanced emergency medical technicians paramedics who hold certificates issued under this chapter, each such person, no later than December 31 of each year, shall furnish evidence satisfactory to the department or the composite board which certified him that he has met the active practice requirements of subsection (c) of this Code section and the continuing education requirements of subsection (d) of this
Code section. (c) The active practice requirements shall be met if, for at least 80 hours per month
during at least nine months out of the immediately preceding 12 months or for at least 80 hours per month during at least 18 months out of the immediately preceding 24 months, a person renders or was on call to render any service which such person's certif icate authorized that person to render.
(d) The continuing education requirements shall be met by annually completing onefifth of the following five-year requirements for hours of continuing education: 50 hours for emergency medical technicians; 75 hours for cardiac technicians; and 100 hours for advanced emergency medical technicians paramedics. These five-year continuing edu cation requirements shall be divided into five different and discrete segments or modules of equal length. Any one module may be completed each year to meet the annual con tinuing education requirements, but all five modules shall be completed during a fiveyear period. This program of continuing education shall be approved by the department. The program or any modular segment of it shall be taught or administered either by persons meeting qualifications established by the department and employed or author ized by a vocational-technical school in the state or by any person who is a medical adviser under Code Section 31-11-50, or both.
(e) A certificate issued under this chapter shall be revoked, under the procedures of Code Section 31-11-56 or 31-11-57, if the holder of the certificate fails to furnish to the department or the composite board which certified him under this chapter satisfactory evidence that he has met the active practice requirements, continuing education require ments, or both, of this Code section. A certificate so revoked may be reinstated upon the holder's furnishing to the department or the composite board which certified the holder under this chapter satisfactory evidence of having successfully completed a 40 hour recertification course and having successfully passed both a written and practical examination. The recertification course, the person teaching the course, the exami nations, and the requirements for passing the examinations shall be approved by the department. A person whose certificate has been so reinstated shall be required to meet the active practice and continuing education requirements of this Code section for the 12 month period following the certificate reinstatement and for each 12 month period thereafter.
(f) Any person who teaches for at least 80 hours per calendar year any emergency medical technician course, any continuing education course or recertification course authorized by this Code section, or any combination of such courses shall not be required for that year to meet either the active practice or continuing education require ments provided for in this Code section in order to maintain such person's certificate as an emergency medical technician.
(g) The requirements of paragraph (4) of subsection (a) of Code Section 31-11-5 regarding the location at which certain courses may be taught shall not apply to either continuing education courses or recertification courses under this Code section."
Section 15. Said chapter is further amended by striking Code Section 31-11-59, relating to services of emergency medical technicians and cardiac technicians in hospitals, in its entirety and inserting in lieu thereof a new Code Section 31-11-59 to read as follows:
"31-11-59. Emergency medical technicians, advanced emergency medical technicians paramedics, and cardiac technicians may render any service which they are authorized to render under Code Sections 31-11-53, 31-11-54, and 31-11-55, respectively, in any hospital. Such services shall not be rendered in lieu of the services of a physician or a registered professional nurse and shall only be rendered in a hospital at the discretion of and after the prior approval by the hospital governing authority on the order of a physician or, if a physician or registered professional nurse is present, at the direction

2638

JOURNAL OF THE HOUSE,

of a physician or registered professional nurse, provided that such hospital has a cur rently valid permit or conditional permit issued by the department pursuant to Article 1 of Chapter 7 of this title. The provisions of this Code section are cumulative and are not intended to limit the rendering of services by emergency medical technicians, cardiac technicians, and advanced emergency medical technicians paramedics in any area in which they are already authorized to render such services."
Section 16. Said chapter is further amended by striking Code Section 31-11-60, relating to obtainment and administration of drugs by certified employees of counties and municipalities, in its entirety and inserting in lieu thereof a new Code Section 31-11-60 to read as follows:
"31-11-60. (a) Any emergency medical technician, advanced emergency medical technician paramedic, or cardiac technician who is certified under this article and who works for a county or municipal police department, fire department, or rescue unit is authorized to obtain any substance which such person is authorized to administer by virtue of his certification. Any such unit to which the emergency medical technician, advanced emergency medical technician paramedic, or cardiac technician is attached must be licensed by the department as a medical first responder unit. Such unit may then obtain from a hospital pharmacy those legend drugs listed and legally permitted to be used by advanced emergency medical technicians paramedics, emergency medical technicians, or cardiac technicians. The first responder unit shall have a signed agree ment with the hospital in order for the hospital to furnish such drugs, and a copy of this agreement must be filed with the Georgia Drugs and Narcotics Agency. The require ments for administering, controlling, and storing these drugs shall be the same as the requirements for a standard ward inventory in a hospital.
(b) Any substance obtained under subsection (a) of this Code section shall be used only in connection with the emergency medical technician's, advanced emergency medi cal technician's paramedic's, or cardiac technician's employment with the county or municipality, as such, and only while on duty as an emergency medical technician, advanced emergency medical technician paramedic, or cardiac technician.
(c) It shall not be necessary for an emergency medical technician, advanced emcrgeney medical technician paramedic, or cardiac technician to be assigned to a licensed ambulance service in order to obtain any substance under subsection (a) of this Code section."
Section 17. Said chapter is further amended by striking Code Section 31-11-61, relating to penalties, in its entirety, and inserting in lieu thereof a new Code Section 31-11-61 to read as follows:
"31-11-61. Any person who shall falsely represent himself to be a certified emergency medical technician, certified cardiac technician, or certified advanced emergency medical technician paramedic or who shall accept or continue in employment as such and per form the duties thereof without being certified as prescribed by this chapter shall be guilty of a misdemeanor."
Section 18. All laws and parts of laws in conflict with this Act are repealed.

Representative Pannell of the 122nd moved that the House adopt the report of the Committee of Conference on SB 315.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G Y Adams.M
Y Aiken Y Alford Y Alien Y Athon Y Atkins
Y Bailey

Balkcom Y Bannister Y Bargeron
Y Barnett.B Y Barnett.M Y Beck Y Benefield Y Benn
Y Birdsong

Y Bishop Y Bostick Y Branch
Y Bray Y Brooks
Brown Y Buck Y Buford
Y Byrd

Y Carrell Y Carter Y Chambless
Y Chance Cheeks
Y Childers N Childs
Clark.B
Y Clark.L

Y Colbert Y Coleman Y Colwell
Connell Y Cooper Y Couch Y Cox Y Crawford
Crosby

THURSDAY, MARCH 12, 1987

2639

Y Cummings Y Davis.G N Davis.M
Dixon
Dobbs N Dover Y Dunn Y Edwards Y Felton Y Floyd Y Foster Y Galer
N Godbee Y Goodwill N Green Y Greene Y Greer Y Greshara Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty YHays
Heard Y Hensley

Y Herbert Y Holcomb Y Holmes
Y Hooks Y Hudson Y Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Johnson.D
Y Johnson.R Y Kilgore Y Kingston Y Lane.D N Lane.R Y Langford
Lawler Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum
Martin

Y McDonald Y McKelvey
McKinney Y Milam
Y Milford Y Mobley Y Moody Y Moore N Morion
Mostiler Y Moultrie N Mueller Y Oliver N Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Peters Y Pettit Y Phillips
Pinkston Y Pittman Y Porter Y Powell Y Prichard

On the motion, the ayes were 146, nays 9. The motion prevailed.

Y Rainey Y Ramsey.T Y Ramsey.V
Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson.C Y Robinson.P Y Royal Y Selman Y Shepard Y Sherrod Y Simpson
Sinkfield
Y Sizemore Y Smith,L Y Smith.P Y Smith.T Y Smith,W Y Smyre YSnow
Y Stancil Y Stanley

Y Steinberg
Y Stephens Y Thomas.C
Y Thomas,M Y Thompson Y Thurmond 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
Wilson Y Wood Y Workman
Yeargin Young Murphy.Spkr

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

Mr. Speaker:
The Senate has agreed to the House substitute, as amended by the Senate, to the following Bill of the Senate:

SB 28. By Senator Kidd of the 25th:
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 state employee injured in the line of duty shall be entitled to his regular compen sation for the period of time that any such state employee is physically unable to perform the duties of his employment.

The following Resolutions of the House were read and adopted:

HR 536. By Representative Orrock of the 30th: A resolution commending Doug "Fabe" Faber.

HR 537. By Representatives Smith of the 152nd, Dixon of the 151st, Smith of the 156th, Ramsey of the 155th, Byrd of the 153rd and others:
A resolution recognizing Lucy Ricketson Ferguson.

Representative Jackson of the 9th arose to a point of personal privilege and addressed the House.

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

2640

JOURNAL OF THE HOUSE,

SB 28. By Senator Kidd of the 25th:
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 state employee injured in the line of duty shall be entitled to his regular compen sation for the period of time that any such state employee is physically unable to perform the duties of his employment.

The following Senate amendment was read:

Amend the House substitute to SB 28 by adding in the title on line 14 of page 1, following the word and symbol "exceptions;" and the word "to", the following:
"to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials, so as to change the salary of the commissioner of corrections;".
By renumbering Section 2 on page 5 as Section 3 and adding at the bottom of page 4 a new Section 2 to read as follows:
"Section 2. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials, is amended by striking in its entirety para graph (8) of subsection (a) and inserting in lieu thereof a new paragraph (8) to read as follows:
'(8) Commissioner of corrections................................................................... 69,500.00'"

The following amendment was read and adopted:
Representative Colwell of the 4th moves to amend the Senate amendment to the House substitute to SB 28 as follows:
By deleting the semi-colon on line 9, and by adding the words "and the State Revenue Commissioner", and by deleting numbered paragraph (12) in Section 45-7-4 of O.C.G.A., and by substituting in lieu thereof after line 20, on the Senate amendment the following: "(12) State Revenue Commissioner - $69,500.00.".

Representative Alford of the 57th moved that the House agree to the Senate amend ment, as amended by the House, to the House substitute to SB 28.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G N Adams.M N Aiken Y Alford Y Alien
YAthon Atkins
Y Bailey NBalkcpm N Bannister
Bargeron Y Barnett.B N Barnett,M YBeck
Benefield YBenn Y Birdsong Y Bishop Y Bostick

Y Branch YBray Y Brooks Y Brown YBuck N Buford YByrd
Y Carrell Y Carter Y Chambless Y Chance
Cheeks N Childers Y Childs
Clark.B Y Clark,L Y Colbert Y Coleman Y Colwell Y Connell

Y Cooper Y Couch
Cox N Crawford Y Crosby
Cummings Y Davis,G Y Davis,M
Y Diion Dobbs
Y Dover Dunn
Y Edwards Y Felton Y Floyd Y Foster Y Galer YGodbee N Goodwin Y Green

Y Greene YGreer N Gresham Y Griffin N Groover
N Hamilton Y Manner Y Harris Y Hasty YHays
Heard Hensley
Y Herbert Y Holcomb Y Holmes
Hooks Y Hudson N Isakson Y Jackson,J
Y Jackson,W

N Jamieson
Johnson.D Y Johnson.R Y Kilgore N Kingston YLane,D
Lane.R Y Langford N Lawler N Lawrence N Lawson YLee
Linder YLong YLord Y Lucas Y Lupton Y Mangum
Y Martin N McDonald

THURSDAY, MARCH 12, 1987

2641

N McKelvey
McKinney Y Milam Y Milford Y Mobley Y Moody Y Moore
Morton Mostiler
Y Moultrie N Mueller
Y Oliver Y Orrock Y Padgett Y Pannell Y Parham

Y Parrish
Y Patten Y Peters Y Pettit Y Phillips
Pinkston N Pittman Y Porter
Powell
Y Prichard Y Rainey
Y Ramsey.T N Ramsey.V Y Randall N Ransom N Ray

Y Reaves
Y Redding Y Richardson Y Ricketson Y Robinson.C N Robinson,? Y Royal
Selman N Shepard
Y Sherrod Simpson
Sinkfield Y Sizemore N Smith.L N Smith,? Y Smith.T

On the motion, the ayes were 114, nays 36. The motion prevailed.

N Smith,W
Smyre Y Snow Y Stancil Y Stanley Y Steinberg Y Stephens Y Thomas.C Y Thomaa.M
Y Thompson Y Thurmond
Y Townsend Y Triplett
Twiggs N Waddle N Waldrep

Walker.C
Y Walker,L N Wall Y Ware N Watson Y Watts Y White N Wilder Y Williams,B
Williams^ Wilson
N 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 has rejected the second report of the Committee of Conference on the following Resolution of the Senate:

SR 7. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to change the provisions relating to the election and terms of office of members of the General Assembly; to change the provisions relating to the organization of the General Assembly; to provide for the submission of this amendment for ratification or rejection.

Representative Lee of the 72nd moved that the following Bills and Resolutions on the general calendar be recommitted to the committees from which they were last reported:

HB 15 HB 57 HB 186 HB 200 HB 230 HB 235 HB 238 HB 268 HB 282 HB 360 HB 384 HB 430 HB 470 HB 489 HB 506 HB 547 HB 560 HB 609 HB 635 HB 648 HB 733

HB 739 HB 771 HB 798 HB 799 HB 837 HB 911 HB 1001 HR 83 HR 108 HR 350 SB 1 SB 46 SB 52 SB 63 SB 176 SB 260 SB 285 SB 305 SB 316 SB 342 SR 163

2642

JOURNAL OF THE HOUSE,

The motion prevailed.

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

HB 256. By Representatives Thomas of the 69th, Chambless of the 133rd, Pettit of the 19th and Williams of the 48th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties and municipal cor porations, so as to specify the terms and conditions under which counties and municipalities may enter into multiyear agreements.

The following Resolution of the House was read and adopted:

HR 538. By Representatives Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Groover of the 99th, Buck of the 95th and others:
A resolution commending the Office of Legislative Counsel.

By unanimous consent, all House Bills and Resolutions passed today and all Senate Bills and Resolutions passed as amended or passed by substitute were ordered immedi ately transmitted to the Senate.

The following communication from the Honorable Max Cleland, Secretary of State, was received:

Secretary of State 214 State Capitol
Atlanta 30334
March 12, 1987
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 1987 Regular Session the week of March 9, 1987, as of 3:00 p.m. this date. The list is numbered 730 through 734.
Please note the list reflects the following additions for persons already registered: #95, Demetrius Masacoufa - Georgia Nurses Foundation, GCLU, AHEPA and the Georgia Coalition for Better Health; and #288, Bill Gray - The Georgia Hearing Aid Society.
With best wishes, I am
Most sincerely, /s/ Max Cleland
MC:jk Attachments:
Received by
/s/ Glenn Ellard

THURSDAY, MARCH 12, 1987

2643

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 730 through 734, who have registered in the Docket of Legislative Appearance as of March 12, 1987, 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 12th day of March, in the year of our Lord One Thousand Nine Hundred and Eighty-seven and of the Independence of the United States of America the Two Hundred and Eleventh.

(SEAL)

/a/ Max Cleland Secretary of State

730. Jack G. Burns Georgia Trial Lawyers Assn. 84 Peachtree Street Atlanta, Georgia 30303 , ,,, m
731. Howard M. Tag State & Federal Associates, Inc. 1101 King Street Alexandria, VA. 22314
732. E. Leila L'Abate Georgia Environmental Project 136 Marietta Street, NW #347 Atlanta, Georgia 30303

733. Norman Sandy Epstein Nationwide Mutual Insurance Company Post Office Box 56526 Atlanta, Georgia 30343
734. John David Nickles Pfizer Inc. 4360 NE Expressway Doraville, Georgia 30340

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 984. By Representatives Hensley of the 20th, Lawler of the 20th, Aiken of the 21st, Atkins of the 21st, Thompson of the 20th and others:
A bill to amend an Act creating a new charter for the City of Austell, so as to change the corporate limits of the city.

HB 1076. By Representatives Alien of the 127th, Triplett of the 128th and Johnson of the 123rd:
A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County and providing for a board of commissioners as the governing authority of said county, so as to change the provisions relative to the agenda for meetings of the board of commissioners.

2644

JOURNAL OF THE HOUSE,

HB 1132.

By Representative Heard of the 43rd:
A bill to repeal an Act creating the Peachtree City Water, Sewerage, and Recreation Authority; to create a new Peachtree City Water and Sewerage Authority.

HB 1135. By Representatives Byrd of the 153rd and Moody of the 153rd:
A bill to provide for the election of members of the Board of Education of Toombs County.

The Senate has agreed to the House amendment to Senate amendment No. 3 to the following Bill of the House:

HB 873. By Representative Connell of the 87th:
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 special license plates to commemorate the founding of Augusta College.

The Senate has agreed to the House amendment to the Senate substitute to the following Resolution of the House:

HR 125. By Representative Parham of the 105th:
A resolution authorizing the lease of certain real property located in Baldwin County, Georgia; to repeal a specific resolution.

The President ruled the House amendment to the Senate amendment to the House substitute out of order pursuant to Senate Rule 154 to the following Bill of the Senate:

SB 28. By Senator Kidd of the 25th:
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 state employee injured in the line of duty shall be entitled to his regular compen sation for the period of time that any such state employee is physically unable to perform the duties of his employment.

The Senate has agreed to the House substitutes to the following Bills and Resolutions of the Senate:

SB 77. By Senator Tysinger of the 41st:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Anno tated, relating to driving under the influence of alcohol or drugs, so as to provide that convictions for violations of said Code section shall also mean convictions for violations of parallel federal laws or regulations or convictions for violations of previously existing or existing parallel laws of this or other states or convictions for the violations of ordinances adopting said Code section.

SB 132. By Senator Dawkins of the 45th:

THURSDAY, MARCH 12, 1987

2645

A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to provide for termination of dependency of a partial dependent; to change the time limits within which an appeal may be taken to the board and within which an appeal may be taken to the superior court of a final award of the board.

SB 133. By Senator Dawkins of the 45th:
A bill to amend Article 8 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation for occupational diseases, so as to change the definition of occupational disease; to change the conditions under which death or disability from an occupational disease are compensable; to delete the provision relative to aggravation of an occupa tional disease.

SB 140. By Senator Barnes of the 33rd:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions concerning torts, so as to provide for the dismissal of strict liability in tort claims against certain defendants who cer tify the correct identity of the manufacturer of the product allegedly causing injury, death, or damage; to provide exceptions; to define certain terms.

SB 156. By Senator Kidd of the 25th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Anno tated, relating to ethics in government, so as to provide that certain provi sions relating to campaign committees, acceptance of contributions, making of expenditures, filing of certain disclosure reports, and disposition of certain funds in relation to the recall of certain public officers shall apply to bring ing about such recall or to opposing such recall.

SB 162. By Senators Deal of the 49th, Peevy of the 48th and Barnes of the 33rd:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children and youth, so as to provide a comprehensive plan for the development of community-based alter natives so that children who have committed delinquent acts may not have to be committed to a state detention facility; to provide noninstitutional dis position options for juvenile courts; to provide for intent.

SB 227. By Senator Howard of the 42nd:
A bill to amend Code Section 9-11-69 of the Official Code of Georgia Anno tated, relating to discovery measures in aid of execution, so as to provide for additional discovery measures.

SB 256. By Senators Coleman of the 1st, Holloway of the 12th and McKenzie of the 14th:
A bill to amend Chapter 6 of Title 13 of the Official Code of Georgia Anno tated, relating to damages and costs in actions based on contracts, so as to provide for treble damages as a civil remedy for the writing of bad checks; to provide for service charges; to provide for form of notice of a demand; to provide for venue; to provide an effective date.

SB 263. By Senators Langford of the 35th, Engram of the 34th and Scott of the 36th:

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JOURNAL OF THE HOUSE,

A bill to amend Code Section 36-30-3 of the Official Code of Georgia Anno tated, relating to ordinances of a council which may not bind succeeding councils, so as to permit the governing authorities of municipal corporations having a population of not less than 400,000 to authorize the mayor to enter into contracts for periods not exceeding 50 years with respect to property or facilities used for educational, entertainment, or museum purposes in down town development areas.

SB 278. By Senator Walker of the 43rd:
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 change the definition of the term "consumer transactions"; to declare that certain acts in connection with the purchase of property used as a dwelling place shall be unfair or deceptive practices.

SB 296. By Senator Brannon of the 51st:
A bill to amend an Act placing the sheriff of Gilmer County on a salary in lieu of fees, as amended, so as to change the provisions relating to the sheriffs deputies; to provide for other personnel within the sheriffs office and their compensation; to provide for other matters relating to such per sonnel.

SB 357. By Senator Coleman of the 1st:
A bill to amend Code Section 32-6-26 of the Official Code of Georgia Anno tated, relating to weight of vehicles and loads, so as to provide that certain vehicles may not exceed certain weight limitations except when making a pickup or delivery on any public road of a county road system; to provide an effective date.

SB 366. By Senator Howard of the 42nd:
A bill to amend Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure of security interest in personalty, so as to change the provisions relating to authority to foreclose and executions relating thereto; to change the provisions relating to petitions for and inssuance of writs of possession.

SB 382. By Senator Barnes of the 33rd:
A bill to amend an Act providing a new charter for the City of Powder Springs, as amended, so as to change the corporate limits of the city.

SR 92. By Senators Peevy of the 48th, Broun of the 46th and Holloway of the 12th:
A resolution creating the Land Information System Joint Study Committee.

SR 126. By Senator Howard of the 42nd:
A resolution creating the Economic Development Through Historic Preser vation Joint Study Committee.

SR 147. By Senators Tysinger of the 41st, Scott of the 2nd and Brown of the 47th:

THURSDAY, MARCH 12, 1987

2647

A resolution creating the Capitol Hill Master Plan Commission to prepare a development plan for state-owned property in the Capitol Hill area and to plan for the future needs of state government.

The Senate has agreed to the House amendments to the following Bills of the Senate:

SB 47. By Senator Barnes of the 33rd:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers, so as to change provisions relating to liability insurance for and indemnification of public officers, officials, and employees; to clarify which officers, officials, and employees may be covered.

SB 274. By Senator Barnes of the 33rd:
A bill to amend Code Section 15-9-4 of the Official Code of Georgia Anno tated, relating to additional eligibility requirements for the office of judge of the probate court in certain counties, so as to change the eligibility require ments for the office of judge of the probate court in certain counties.

SB 336. By Senators Coleman of the 1st, Scott of the 2nd and Bryant of the 3rd:
A bill to amend Code Section 36-63-11 of the Official Code of Georgia Anno tated, relating to the construction of the "Resource Recovery Development Authorities Law," so as to provide that the sale or disposition of any useful form of energy produced by a project shall not be subject to the provisions of "The Georgia Cogeneration Act of 1979"; to provide an effective date.

The Senate has rejected the report of the Committee of Conference on the following Bill of the Senate:

SB 315. 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 change certain provisions relating to definitions; to substitute the term "paramedic" for "advanced emergency medical technician" everywhere it appears in this chapter.

The Senate has adopted the reports of the Committees of Conference on the following Bills and Resolutions of the Senate and House:

SB 27. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia Anno tated, known as the "Public Officers Recall Act," so as to change the defini tions of certain terms; to provide that applications for recall petitions shall be numbered; to require election superintendents to maintain records of applications for recall petitions; to provide time limitations on when applica tions for recall petitions may be accepted for verification.

SB 96. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-12 of the Official Code of Georgia Anno tated, relating to licensing and inspection of private and public child welfare

2648

JOURNAL OF THE HOUSE,

agencies and facilities, so as to prohibit the Department of Human Resources from regulating the curriculum taught in group day-care homes or day-care centers; to require persons who operate group day-care homes and day-care
centers to post telephone numbers of the nearest or applicable providers of emergency medical, fire, or police services.

SB 113. By Senator Deal of the 49th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to torts in general, so as to provide a qualified immunity from civil liability for persons serving as directors, officers, and trustees of certain nonprofit organizations.

SB 119. By Senators Barnes of the 33rd, Dean of the 31st and McKenzie of the 14th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to revenue and taxation, generally, so as to provide criminal penalties for the evasion or attempted evasion of any tax, fee, license, pen alty, interest, or other amount imposed under Title 48; to provide an effec tive date.

SB 159. By Senators Scott of the 2nd, Albert of the 23rd and Langford of the 35th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish the State Children's Trust Fund and the State Children's Trust Fund Commission; to provide a short title; to define certain terms; to provide for the membership of the State Children's Trust Fund Commission and its powers and compensation.

SB 170. By Senator Kidd of the 25th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 45 of the Official Code of Georgia Annotated, relating to public officers, so as to change requirements and procedures regarding the filling of vacancies in the offices of clerk of the superior court, judge of the probate court, county surveyor, and coroner.

SB 198. By Senator Deal of the 49th:
A bill to amend Code Section 15-10-3 of the Official Code of Georgia Anno tated, relating to oath and commissions of magistrates, constables, and clerks of magistrate courts, and Article 2 of Chapter 3 of Title 45 of the Official Code of Georgia Annotated, relating to commissions of public officers, so as to provide that commissions of officers of the magistrate courts shall be under the seal of the Governor and shall be issued by the office of the Secre tary of State.

SB 230. By Senators Deal of the 49th and Hine of the 52nd:
A bill to amend Chapter 1 of Title 16 of the Official Code of Georgia Anno tated, relating to general provisions relative to crimes and offenses, so as to provide for a statement of intent and purpose; to provide that the repeal, repeal and reenactment, or amendment of certain criminal laws shall not affect or abate the status as a crime of criminal acts or omissions which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law.

THURSDAY, MARCH 12, 1987

2649

SB 231. By Senators Deal of the 49th, Newbill of the 56th and Dawkins of the 45th:
A bill to amend Code Section 20-2-942 of the Official Code of Georgia Anno tated, relating to procedure for nonrenewal of contract or demotion after acceptance by teacher of school year contract for fourth consecutive school year and procedure for nonrenewal of contract or demotion by another local board of education.

SB 264. By Senators Langford of the 35th, Engram of the 34th and Scott of the 36th:
A bill to amend Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notice to produce evidence, so as to provide witness fees for arson investigators; to provide an effective date.

SB 286. By Senator Howard of the 42nd:
A bill to amend Code Section 43-34-37 of the Official Code of Georgia Anno tated, relating to disciplinary sanctions by the Composite State Board of Medical Examiners, so as to require that board to investigate a licensee's fit ness to practice medicine if the board receives certain notifications regarding judgments or settlements relating to medical malpractice claims or relating to the practice of medicine.

HB 10. By Representatives Lucas of the 102nd, Coleman of the 118th, Hanner of the 131st and Ramsey of the 3rd:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification for law enforcement officers, firemen, and prison guards who are killed or permanently disabled in the line of duty, so as to provide the same indemnification with respect to publicly employed emergency medical technicians who are killed or permanently dis abled in the line of duty after a certain date.

HB 27. By Representatives Thomas of the 69th, Chambless of the 133rd and Waldrep of the 80th:
A bill to amend Chapter 18 of Title 15 of the Official Code of Georgia Anno tated, relating to district attorneys, so as to provide for the appointment of an investigator for each judicial circuit; to amend Code Section 45-18-1 of the Official Code of Georgia Annotated, relating to definitions affecting the state employees' health benefit plan, so as to include district attorneys' investi gators as employees for purposes of the plan.

HB 169. By Representatives Parham of the 105th, Parrish of the 109th, Cooper of the 20th, Atkins of the 21st and Twiggs of the 4th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to change the listing of certain controlled substances and dangerous drugs; to make certain activities illegal and provide penalties therefor.

HB 289. By Representative Pettit of the 19th:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Anno tated, relating to the jurisdiction of municipal courts, so as to authorize the municipal courts to try and dispose of a first offense violation of Code

2650

JOURNAL OF THE HOUSE,

Section 3-3-21, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age.

HB 387. By Representatives Murphy of the 18th, McDonald of the 12th, Connell of the 87th, Thomas of the 69th, Walker of the 115th and others:
A bill to amend Code Section 28-4-2 of the Official Code of Georgia Anno tated, relating to the general powers and duties of the Legislative Services Committee, so as to change the provisions relating to audits.

HB 541. By Representative Athon of the 57th:
A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide that a bank or storage facility must be licensed, accredited, or approved under the laws of this state; to provide that a hospital shall maintain a written cooperative agreement with at least one bank or storage facility for the purpose of pro curing anatomical gifts.

HB 917. By Representatives Childs of the 53rd, Richardson of the 52nd, Steinberg of the 46th, Williams of the 48th, Williams of the 54th and others:
A bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to change the amount of such supplement.

HB 949. By Representatives Aiken of the 21st and Hasty of the 8th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to certain provisions of local government law applicable to counties and municipal corporations, so as to change certain provisions relat ing to required permits for disturbing burial places in the course of land development.

HR 98. By Representatives Robinson of the 58th, Watson of the 114th, Hamilton of the 124th, Pettit of the 19th, Green of the 106th and others:
A resolution creating the Joint Comprehensive Energy Resources Policy Committee.

HR 109. By Representatives Redding of the 50th, Robinson of the 58th, Richardson of the 52nd, Steinberg of the 46th, Williams of the 54th and others:
A resolution creating the DeKalb County Government Study Commission.

HR 176. By Representatives Byrd of the 153rd, Moody of the 153rd, Smith of the 152nd, Dixon of the 151st and Smith of the 156th:
A resolution creating the Brunswick Judicial Circuit Study Committee.

The Senate has adopted the report of the second Committee of Conference on the following Bills of the House:

HB 185. By Representatives Bray of the 91st, Holmes of the 28th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions relating to the deadline for

THURSDAY, MARCH 12, 1987

2651

transmission of certain qualifying fees to the superintendent of the county or the Secretary of State; to change the provisions relating to the filing deadline for certain notices of candidacy.

HB 557. By Representatives Wood of the 9th and Watson of the 114th:
A bill to amend Code Section 34-9-151 of the Official Code of Georgia Anno tated, relating to definitions of terms regarding group self-insurance funds for workers' compensation benefits, so as to allow the employees of a trade or professional association to be covered under a group self-insurance fund established by the members of such association.

Pursuant to SR 240, adopted by the House and Senate, the Speaker announced the House adjourned sine die.

INDEX TO JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
REGULAR SESSION 1987
PART I -- ALPHABETICAL TABULATION (House and Senate Bills and Resolutions)
PART II --NUMERICAL TABULATION (House Bills)
PART III -- NUMERICAL TABULATION (House Resolutions)
PART IV -- NUMERICAL TABULATION (Senate Bills in House)
PART V -- NUMERICAL TABULATION (Senate Resolutions in House)

HOUSE JOURNAL
PART I
HOUSE AND SENATE BILLS AND RESOLUTIONS
ABANDONMENT; motor vehicle; waive certain notice...............................................HB 658 ABORTION
Abortions and pregnancy counseling; informational booklets.....................................HB 694 Mandatory counseling........................................................................................................HB 645 Parental Notification Act...................................................................................................SB 229
ACKERLY, LEONE; commend........................................................................................HR 496
ACREE, DR. JOHN W.; commend..................................................................................HR 348
AD VALOREM TAX Agricultural property; certain breach of covenant........................................................HB 327 Agricultural property; conveyance...................................................................................HB 948 Antique automobiles; maximum value - CA..................................................................HR 240 Boats; certificates of number for vessels; issuance......................................................HB 1148 Counties and municipalities; multiyear agreements......................................................HB 256 Electric utilities; state ad valorem tax - CA...................................................................HR 221 Electric utilities; state ad valorem tax; distribution - CA............................................HR 167 Executions; levy administration fee.................................................................................HB 559 Homestead exemption; elderly; income qualification ...................................................HB 778 Inventories; assessment date - CA......................................................................................SR 11 Local governments; contracts for lock box system........................................................HB 698 Mobile homes......................................................................................................................HB 823 Mobile homes; definition...................................................................................................HB 700 Motor vehicle registration; prorated fee .........................................................................HB 447 Preferential assessment; date of application...................................................................SB 211 Property assessment; existing use....................................................................................HB 434 Property of electric utilities; state ad valorem tax........................................................HB 696 Property owned by authorities; exemption; certain exceptions ..................................HB 648 Public utilities; state levy..................................................................................................HB 491
Refer to numerical index for page numbers

2656

INDEX

AD VALOREM TAX (Continued) Public utility company; return .........................................................................................HB 610 State Board of Equalization; abolish...............................................................................HB 337 Tax assessors; confidentiality of records.........................................................................HB 121 Tax commissioners and collectors; minimum salaries ..................................................HB 461 Tax execution and sales; advertisement; requirement................................................HB 1074
ADJOURNMENT Adjourn 1/16/87; reconvene 1/26/87 ....................................................................................HR 8 Adjourn 2/9/87; reconvene 2/11/87...................................................................................SR 103 Adjourn 2/13/87; reconvene 2/16/87 .................................................................................SR 133 Adjourn 2/20/87; reconvene 2/23/87 ................................................................................HR 307 Adjourn 2/26/87; reconvene 3/2/87..................................................................................HR 328 Adjourn 3/6/87; reconvene 3/9/87....................................................................................HR 402 Adjourn 3/10/87; reconvene 3/12/87.................................................................................SR 223 Adjourn sine die; March 12, 1987.....................................................................................SR 240 Relative to adjournment.......................................................................................................SR 98
ADMINISTRATIVE PROCEDURE Contested cases in decisions; statements ........................................................................HB 841 Workers' Compensation rules.........................................................................................HB 1053
ADMINISTRATIVE SERVICES, DEPARTMENT OF Liability insurance; state authorities...............................................................................HB 662 Superior Court; services; Administrative Services assist..............................................HB 212
ADMINISTRATORS AND EXECUTORS (Also, see Wills, Trusts and Administration of Estates) Estates; inventories and returns; filing requirements...................................................HB 598 Estates; nonresident executors; bond requirements......................................................HB 599
ADOLESCENT URINE DRUG SCREEN PROGRAM; commend......................HR 247
ADOPTION Birth parents; provide information.....................................................................................SB 63 Certain affidavit; waive requirement...............................................................................HB 235 Certain affidavit; waive requirement..................................................................................SB 43 Joint Adoption Study Committee; create........................................................................SR 109
ADVERTISING; tax executions; costs ............................................................................HB 439
AGED (See Elderly)
AGENCIES (See named Agency or State Government)
AGRICULTURE Ad valorem tax; agricultural property; certain breach of covenant............................HB 327 Ad valorem tax; agricultural property; conveyance.......................................................HB 948 Ad valorem tax; preferential assessment; date of application......................................SB 211 Agricultural Commodity Commission for Peanuts; amend provisions.......................HB 476 Agricultural Exposition Authority; membership; Employees' Retirement ................HB 305 Agrirama Authority; Employees' Retirement; membership.........................................HB 896 Agrirama Development Authority; members' expenses................................................HB 303 Animals; fees for impounding...........................................................................................HB 826 Commissioner of Agriculture; appointment by Governor ............................................HB 738 Commissioner of Agriculture; appointment by Governor - CA...................................HR 228 County boards of health; certain activities; regulate by Agriculture Department............................................................................................SB 290 FHA; urge utilization of funds allocated to Georgia.....................................................HR 193 Labeling of beef; amend provisions .................................................................................HB 306 Labeling of seeds; year of production..............................................................................HB 923

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INDEX

2657

AGRICULTURE (Continued) Motor fuel tax; agricultural aircraft; exemption............................................................HB 790 Poultry; control and prevention of diseases...................................................................HB 641 Sales tax exemption; farm crops; certain sales..............................................................HB 374 Tobacco products; prohibit sales to minors....................................................................HB 139 Tobacco products; prohibit sales to minors....................................................................HB 142 Tobacco products; regulate sales......................................................................................HB 695
AIRLINES AND AIRPORTS (See Aviation)
AKINS, RUFUS L., JR.; commend.................................................................................HR 424
ALBANY, CITY OF Albany-Dougherty County; financing sewage system; extend CA............................HB 1067 Albany-Dougherty County; school district; merger; extend - CA .............................HB 1059 Albany-Dougherty County; sewage system; extend - CA...........................................HB 1066 Bonds for waterworks system; extend - CA .................................................................HB 1065
ALCOHOLIC BEVERAGES AND ALCOHOLISM Alcohol and drug abuse; money for treatment program - CA.......................................HR 13 Alcohol and drug safety course; license requirement..................................................HB 1133 Alcoholic beverages; consumption while driving............................................................HB 635 Alcoholic beverages; consumption while driving............................................................HB 674 Alcoholism or drug abuse; additional penalties...............................................................HB 62 Comprehensive treatment of alcoholics; effective date.................................................HB 965 Distilled spirits; retail dealer; signs.................................................................................HB 335 Driver improvement clinics; alcohol and drug courses; fees ...........................................SB 45 Driver's license; minimum age after certain convictions............................................HB 1166 Driving under the influence; certain violations; specify acts in other jurisdictions................................................................................................HB 37 Driving under the influence; chemical tests; amend provisions..................................HB 793 Driving under the influence; convictions; parallel federal laws .....................................SB 77 Driving under the influence; fines; prohibit installment payments............................HB 675 Driving under the influence; refusal to submit to chemical test; report ......................SB 92 Driving under the influence; serious injury by vehicle; penalty..................................HB 796 Driving under the influence; standards for chemical tests ...........................................SB 317 Excise tax on beer and wine.............................................................................................HB 758 Furnish to minors; municipal court jurisdiction.............................................................SB 141 Hotels; license for in-room sales.......................................................................................HB 227 Malt beverages and wine; alcohol content; tax exemption ..........................................HB 180 Malt beverages; home production; regulation................................................................HB 272 Malt beverages or wine; alcohol content.........................................................................HB 199 Municipal court jurisdiction; certain violations.............................................................HB 289 Mentally ill, alcoholic or drug dependent person; outpatient treatment......................SB 24 Mentally ill persons; release of certain information; immunity ..................................HB 152 Prisoners; drugs, alcoholic beverages or weapons; unlawful possession .......................HB 17 Prohibited conduct on certain premises .........................................................................HB 516 Retail sales; post certain signs..........................................................................................HB 431 Richmond County; malt beverage tax; excess revenue.................................................HB 748 Sales by drink; referendum requirement.........................................................................SB 283 Sales persons; under 21 years; prohibitions..................................................................HB 1181 Schools; certain courses; requirements............................................................................HB 471 Special Study Committee on the Problems of Homeless in Georgia; create .............SR 184 Stone Mountain Memorial Association; alcoholic beverages; sales on premises.............................................................................................................HB 810 Sunday sales; certain counties and municipalities; .......................................................HB 812 Torts; persons who furnish alcoholic beverages to minors.........................................HB 1123 Trafficking in marijuana; weight provisions...................................................................HB 922

Refer to numerical index for page numbers

2658

INDEX

ALCORN, MIKE; commend..............................................................................................HR 246
ALIENS Administrations of estates; authorization .........................................................................HB 55 Wholesale fish dealer; license fees....................................................................................SB 206
ALIMONY AND CHILD SUPPORT Amend provisions .............................................................................................................,.HB 702 Child support; availability of information to Human Resources................................HB 625 Dependent child; definition ............................................................................................HB 1174 Divorce; waive evidentiary hearing; certain cases..........................................................HB 234 Enforcement and collection; revise provisions...............................................................HB 302 Garnishment; family support ............................................................................................HB 230 Withholding from wages....................................................................................................HB 860
ALPHARETTA, CITY OF; corporate limits; revise.....................................................HB 280
AMBULANCES (See Emergencies and Emergency Services)
AMENDMENTS TO THE CONSTITUTION (See Constitutional Amendments)
AMERICUS, CITY OF; Americus and Sumter Payroll Development Authority; extend - CA ........................................................................................................HB 64
ANDERSON, EVERETT; honor .....................................................................................HR 461
ANIMALS Animal Protection Act; amend provisions ....................................................................HB 1150 Animal Protection Act; certain shelters; euthanasia...................................................HB 1029 County boards of health; certain activities; regulate by Agriculture Department............................................................................................SB 290 Crop damage by deer; payment of claims.......................................................................HB 564 Damage by deer to property; authorization to kill........................................................HB 391 Damage by deer to property; authorization to kill........................................................HB 392 Dogs; failure to keep under control; misdemeanor...........................................................SB 42 Fees for impounding...........................................................................................................HB 826 Hunting; antlerless or either-sex deer on certain days.................................................HB 655 Hunting deer at night from vehicle or boat; prohibitions............................................HB 637 Hunting; either-sex or antlerless deer; bag limit.........................................................HB 1008 Hunting; stands by person other than landowner; prohibitions.................................HB 771 Motor vehicles; transportation of animals; requirements.............................................HB 772 Poultry; control and prevention of diseases...................................................................HB 641 Property Damage by Deer Study Committee; create ...................................................HR 124 Waterfowl Stamp Fund; establish....................................................................................HB 326 Wildlife; trapping foxes .....................................................................................................HB 456
ANNEXATION Certain counties; population classification .......................................................................HB 66 Municipalities......................................................................................................................HB 364 Zoning plans; population classification .............................................................................HB 77
ANTHONY, WILLIE;commend......................................................................................HR 303
APPALACHIAN TRAIL GOLDEN ANNIVERSARY CELEBRATION; designating 1987 ................................................................................HR 74
APPEAL AND ERROR Appeal and pretrial review; death penalty; procedures.................................................SB 100 Court of Appeals; preappeal settlement conference procedure...................................HB 615 Health code; sexually transmissible infections; control provisions.............................HB 167

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INDEX

2659

APPEAL AND ERROR (Continued) Magistrate courts; appeals..................................................................................................SB 200 Probate courts; powers.......................................................................................................HB 264 Senior Appellate Court Justice and Judge, create offices; hearing oral argument....................................................................................................HB 614 Supersedeas in cases of contempt....................................................................................HB 817
APPLING COUNTY; board of education; provide; extend - CA...............................HB 895
APPROPRIATIONS AND FISCAL AFFAIRS Amended General Appropriations Act; FY 1986-87......................................................HB 225 Balanced budget; urge amendment to United Stated Constitution ...........................HR 419 Balanced budget; urge United States Constitutional Convention..............................HR 169 Budget Act; define appropriation ..................................................................................HB 1001 Community development block grant fund; appropriations......................................HB 1026 General appropriations; FY 1987-88................................................................................HB 226 Labor, Department of; supplemental appropriation.....................................................HB 562 Revenue bills; originate in either House of General Assembly - CA ..............................SR 6 Schools; capital outlay needs; population growth..........................................................HB 346 Supplemental appropriations; FY 1986-87.........................................................................HB 2 Supplemental appropriations; FY 1986-87.....................................................................HB 217 Supplemental appropriations; FY 1987-88.....................................................................HB 216 Supplemental appropriations; vote required - CA........................................................HR 217
ARGO, BOB; commend.......................................................................................................HR 209
ARRESTS Corrections institutions; personnel assist law enforcement officers............................SB 143 Driving under the influence; refusal to submit to chemical test; report ......................SB 92 Family violence; amend provisions .................:................................................................HB 871
ARTS Arts Development Fund; create - CA.................................................................................SR 23 Georgia Citizens for the Arts; commend.........................................................................HR 141 Joint Study Committee on Residential High Schools for the Arts; create ..................SR 70 Nuisance provisions; cultural facility; exception ............................................................SB 101 Public buildings; art program..............................................................................................SB 25 Special sales tax; certain cultural, recreational and historic facilities...............................................................................................1..............HB 740 Toorchen, Jon; commend for painting "Courthouse Museum in Cleveland" ...........HR 486
ASH, ROBERT L. Commend..............................................................................................................................HR 232 Invite to House ...................................................................................................................HR 215
ASSOCIATION OF BATTERED WOMEN OF CLAYTON COUNTY INC.; commend..............................................................................................HR 452
ATHENS, CITY OF Athens, City of-Clarke County; ad valorem tax levy; extend - CA............................HB 535 Downtown Athens Development Authority; establish; extend - CA ..........................HB 975
ATLANTA FALCON CHEERLEADERS; relative to..............................................HR 506
ATLANTA, CITY OF Amount of bonded indebtedness - CA...............................................................................SR 99 Binding contracts; code reference.......................................................................................SB 85 Code of ethics; officers and employees; certain municipalities .................................HB 1172 Contract exceeding 50 years; mayor's authorization ......................................................SB 263 Georgia-Florida football game; urge change in site.........................................................HR 30 Hartsfield-Atlanta International Airport Noise Committee; recreate..........................HR 29

Refer to numerical index for page numbers

2660

INDEX

ATLANTA, CITY OF (Continued) Lease certain property..........................................................................................................SR 45 Municipal court; change provisions..................................................................................SB 212 Municipal court; jurisdiction...........................................................................................HB 1173 Traffic court; senior judge....................................................................................................SB 82 Urban enterprise zones; create in certain areas..............................................................SB 319 Urban Residential Finance Authorities Act for Large Municipalities; amend.......................................................................................................SB 83
ATTORNEYS Administrator for the county; eligibility.........................................................................HB 584 Civil actions; attorney's fees; magistrate courts..............................................................SB 196 Civil practice; unaccepted settlement offer; fees...........................................................HB 693 County administrators; waive certain residency requirement.....................................HB 497 Courts; continuances; certain registered agents...........................................................HB 1161 Eminent domain; condemnor; payment of expenses.....................................................HB 436 General Assembly members; practice of law..................................................................HB 369 Guardianship hearings; certain persons; fees..................................................................SB 236 Guardianship hearings; compensation.............................................................................HB 371 Law of evidence; relative to study by State Bar...........................................................HR 194 Magistrates; practice of law; amend provisions ................................................................SB 44
AUBURN, TOWN OF; homestead exemption; extend - CA.....................................HB 1092
AUCTIONEERS; regulation..............................................................................................HB 300
AUDIO STRESS EXAMINERS; regulate....................................................................HB 837
AUDITS AND AUDITORS Consumer's Utility Counsel; performance audit; repeal requirement ........................HB 477 Legislative Services Committee; audits; amend provisions..........................................HB 387 Local governments; audits; alternative reports..............................................................HB 178
AUGUSTA JUDICIAL CIRCUIT Burke county; supplement................................................................................................HB 754 Compensation; supplement...............................................................................................HB 974 Terms....................................................................................................................................HB 755
AUGUSTA, CITY OF Amend charter...................................................................................................................HB 1048 City council; election..........................................................................................................HB 426
AUSTELL, CITY OF; corporate limits...........................................................................HB 984
AUTHORITIES Ad valorem tax exemption; property owned by authorities; certain exceptions...........................................................................................................HB 648 Agricultural Exposition Authority; membership; Employees' Retirement................HB 305 Agrirama Authority; Employees' Retirement; membership.........................................HB 896 Agrirama Development Authority; members' expenses ................................................HB 303 Agrirama employees; health insurance............................................................................HB 897 Chehaw Park Authority; composition and term..........................................................HB 1058 Environmental Facilities Authority; Employees' Retirement....................................HB 1046 Hospital Authorities Law; definition of project; include insurance of every type..................................................................................................HB 934 Hospital Authorities Law; definition of project; include insurance of every type...................................................................................................SB 342 Housing Authorities Law; amend provisions..................................................................HB 309 Jekyll Island-State Park Authority; add member.........................................................HB 937 Jekyll Island-State Park Authority; violations of ordinances......................................HB 741

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2661

AUTHORITIES (Continued) Lake Lanier Islands Development Authority; powers ...................................................SB 130 Liability insurance..............................................................................................................HB 662 MARTA; future completion and operation of additional rail system........................HB 699 Municipal Gas Authority of Georgia; create ..................................................................HB 328 Private Colleges and Universities Authority; membership; compensation................HB 307 Residential Finance Authority; public utility assistance...............................................SB 123 Resource Recovery Development Authorities; sales of energy .....................................SB 336 State authorities; violations of ordinances; magistrate courts......................................SB 131 Urban Residential Finance Authorities Act for Large Municipalities; amend.......................................................................................................SB 83 West Georgia Regional Water Authority; create .........................................................HB 1156
AVIATION Air traffic control specialists; commend .........................................................................HR 374 Airport Authority Study Committee; create ....................................................................HR 20 Airports; counties and municipalities register as operators.........................................HB 942 Airports; lease property for private development..........................................................HB 455 Civil Air Patrol; special tags.............................................................................................HB 919 Hartsfield-Atlanta International Airport Noise Committee; recreate..........................HR 29 Motor fuel tax; agricultural aircraft; exemption............................................................HB 790 Robins Air Force Base; Museum of Aviation.................................................................HR 118 Sales tax; exempt certain sales at airports .....................................................................HB 920 Sales tax; exempt certain sales at airports .....................................................................HB 960

B
BACON COUNTY Board of commissioners; compensation.........................................................................HB 1137 Industrial Building Authority; create; extend - CA ......................................................HB 956 Tax levy; new industry; extend - CA...............................................................................HB 955
BAIL Aggravated child molestation; requirements ..................................................................HB 714 Amend certain provisions..................................................................................................HB 776 Bail jumping offense; redefine ..........................................................................................HB 768 Bonds and recognizances; forfeiture ................................................................................HB 915 Bonds; pledge of property; spouse's consent..................................................................HB 470 Bonds; release of surety from liability; certain conditions.............................................HB 35
BALDWIN COUNTY Board of commissioners; election ........................................................................................SB 74 Convey easement.................................................................................................................SR 157 Convey property ....................................................................................................................SR 17 Lease of property................................................................................................................HR 125
BALL GROUND, CITY OF; corporate limits ............................................................HB 1119
BALL, MARLESA; Miss Georgia; invite to House .......................................................HR 251
BANKING AND FINANCE Amend code provisions ......................................................................................................HB 233 Bad check issued for insurance premium; null and void .............................................HB 196 Bad checks; amend certain immunity provision............................................................HB 634 Bad checks; amend provisions ..........................................................................................HB 124 Bad checks; double damages..............................................................................................SB 256
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2662

INDEX

BANKING AND FINANCE (Continued) Bad checks; magistrate courts; jurisdiction......................................................................HB 76 Bad checks; magistrate courts; jurisdiction.....................................................................SB 195 Bad checks; present consideration; additional definitions...........................................HB 649 Business development corporations; loans......................................................................HB 720 Credit Card and Credit Card Bank Act; enact...............................................................SB 254 Credit cards; finance charge..............................................................................................HB 145 Credit repair services organizations; penalty for fraud ................................................HB 678 Financial institutions; amend provisions.........................................................................SB 220 Financial institutions; production of documents; reimbursement.................................SB 80 Financial institutions; state and local taxation..............................................................HB 642 Foreclosure; cooperative sales process.............................................................................HB 646 Garnishment; family support............................................................................................HB 230 Industrial loans; license applicant; advertisement.........................................................HB 379 Interest and usury; post-judgment application..............................................................HB 241 Interest; origination fees or discount points; calculation .............................................HB 128 Interstate banking; include Maryland and District of Columbia.................................SB 216 Investment of state funds; South African institutions...................................................HB 84 Investment of state funds; South African institutions.................................................HB 336 Mortgage brokers; licensing...............................................................................................HB 979 Mortgages; escrow accounts; interest...............................................................................HB 331 Mortgages; insurance premiums and taxes; timely payment.......................................HB 980 Public funds; secure deposit ..............................................................................................SB 105 Public funds; secure deposits.............................................................................................SB 104 Required notice...................................................................................................................HB 283 Trust companies; fiduciary funds; awaiting investment or distribution..................HB 1162
BANKS COUNTY; Industrial Building Authority; powers and procedure; extend - CA...............................................................................HB 1101
BARNESVILLE-LAMAR COUNTY CLEAN COMMUNITY COMMISSION; commend .............................................................................................HR 245
BARNESVILLE, CITY OF City of Barnesville and County of Lamar Development Authority; extend - CA ..................................................................................................HB 834 New charter.......................................................................................................................HB 1015
BARNUM, THELMA G.; commend...........................................................................,......HR 68
BARROW COUNTY Barrow County and City of Winder School System; merger; extend - CA ...............HB 395 Barrow County Industrial Building Authority; provide authority; extend - CA...................................................................................................HB 396 Board of commissioners; membership...........................................................................HB 1045 Water and Sewerage Authority; create............................................................................HB 829
BARTOW COUNTY Board of education; appoint superintendent..................................................................HB 852 Board of education; election; extend - CA......................................................................HB 851 Board of education; provide..............................................................................................HB 853 Homestead exemption; elderly .........................................................................................HB 850
BAXLEY, CITY OF; corporate limits...........................................................................HB 1000
BEAL, ALVEDA KING; commend production of Images ..........................................HR 450
BEASLEY, JULIE; commend ..........................................................................................HR 154
BEER (See Alcoholic Beverages and Alcoholism)

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2663

BEN HILL COUNTY COMMISSIONERS; compensate...........................................HR 43
BENN, HONORABLE LORENZO; recognize...................................'............................HR 32
BENNETT, STETSON F., JR.; commend....................................................................HR 365
BENTON BROTHERS FORD CO.; commend............................................................HR 527
BERRY, AMOS NELSON, JR.; commend...................................................................HR 468
BERRY, HIAWATHA; commend ....................................................................................HR 182
BIBB COUNTY Board of commissioners; lease certain property............................................................HB 630 Macon-Bibb County Water and Sewerage Authority; executions; issuance...............SB 252 Macon-Bibb County Water and Sewerage Authority; members; compensation........SB 251
BIG RED; commend ............................................................................................................HR 503
BILLIARD ROOMS; operation; amend provisions ......................................................HB 464
BISHOP, JULIUS F.; commend......................................................................................HR 445
BLACK, C. LAMAR "PINKY"; recognize....................................................................HR 383
BLACK, WILLIAM; commend ........................................................................................HR 409
BLANCH ARD, DR. WILLIAM H. "BILL", SR.; commend ...................................HR 295
BLASTING; interstate natural gas pipelines; certain exemptions...............................HB 442
BLECKLEY COUNTY Bleckley-Cochran Industrial Development Authority; create; extend - CA..............HB 208 Board of education; districts.............................................................................................HB 205 Board of education; election.............................................................................................HB 207 Commissioner; create office...............................................................................................HB 206
BLIND PERSONS Advisory Commission on Programs for the Blind; create .............................................SB 318 Handicapped newborn persons; Human Resources, Department of; registration........................................................................................................................SB 180 Needs of Visually Impaired Georgians Study Committee; create...............................HR 291 Vending machines; operate in certain areas...................................................................HB 151
BLOOMINGDALE, CITY OF; corporate limits; extend............................................HB 833
BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA Laboratory and research facilities; authorization to lease ............................................SB 267 Public records; certain trade secrets and proprietary information; applicability..............................................................................................HB 804 Transactions with state agencies; laboratory and research facilities...........................SB 268
BOATS Certificates of number for vessels; issuance.................................................................HB 1148 Environmental protection; marine toilets; amend provisions......................................HB 308 Highways; vehicles transporting boats; permits.............................................................HB 445 Hunting deer at night from vehicle or boat; prohibitions............................................HB 637 Juvenile proceedings; certain traffic or waterways offenses; jurisdiction........................................................................................................................SB 147 Numbering system; certain exception .............................................................................HB 239
BOATWRIGHT, PERRY J.; commend..........................................................................HR 142

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2664

INDEX

BOILERS Design requirements...........................................................................................................HB 348 Regnlation............................................................................................................................HB 132
BOLING, CHIP AND MEADOWS, MELLY; Rhett and Scarlett Look-alikes ...HR 489
BONDS Administrators and executors; amend provisions..........................................................HB 668 Administrators and executors; posting bond..................................................................HB 670 Atlanta, City of; amount of bonded indebtedness - CA..................................................SR 99 Bail bonds; pledge of property; spouse's consent ..........................................................HB 470 Bail bonds; release of surety from liability; certain conditions.....................................HB 35 Bail jumping offense; redefine..........................................................................................HB 768 Bail or recognizance; amend certain provisions.............................................................HB 776 Counties and municipalities; bonds; legal fees...............................................................HB 273 Crime Victims Compensation Fund; fees on bonds ......................................................HB 861 Criminal procedure; forfeiture ..........................................................................................HB 915 Estates; nonresident executors; requirements ................................................................HB 599 Financing and Investment Commission; public library facilities................................HB 647 Guardian and ward; posting bond....................................................................................HB 669 Housing Authorities Law; amend provisions..................................................................HB 309 Local government investment pool; proceeds ..................................................................HB 45 Local governments; state plan of allocation ...................................................................HB 619 Private Colleges and Universities Authority; proceeds of bonds; finance student loans..........................................................................................SB 371 Public funds; secure deposits.............................................................................................SB 104 Revenue bonds; "undertaking"; amend definition ........................................................HB 936 Torts; actions against law enforcement officer; bond .....................................................HB 46
BONE, DANA; commend ...................................................................................................HR 401
BOONE, HONORABLE ALEXANDER STEPHENS (BUCK), JR. Condolences ........................................................................................................................HR 324
BOUNDARIES; trash dumping; prohibitions ...................................................................SB 33
BOWERS, MARIA; commend ..........................................................................................HR 152
BOXING Professional boxing match; definition .............................................................................HB 558 Professional Sports Commission; create..............................................................................HB 9 State Professional Sports Commission; create...............................................................HB 270
BRADLEY, RONALD M.; commending on retirement ..............................................HR 262
BRANTLEY COUNTY Convey property to Johns Timber Co.............................................................................HR 275 Development Authority; extend - CA............................................................................HB 1120
BRAZEAL, MARVIN E.; commend................................................................................HR 417
BRIDGES (See Highways, Bridges and Ferries)
BROOKS COUNTY Board of education; appoint superintendent................................................................HB 1095 Brooks County-City of Quitman School systems; merge; extend - CA....................HB 1096
BROOKS, REVEREND WILLIE L.; condolences......................................................HR 483
BROUGHTON, DR. JAMES HILLIARD; commend ...............................................HR 462
BROWN, AARON "BUTCH"; commend.......................................................................HR 466

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2665

BROWN, CORRINE; commend .......................................................................................HR 488
BROWN, DANA DAVES; congratulate.........................................................................HR 198
BROWN, EUNICE; condolences.......................................................................................HR 473
BROWNE, DR. E. BROADUS; condolences.................................................................HR 173
BRUNSWICK JUDICIAL CIRCUIT Addjudge.............................................................................................................................HB 271 Study Committee; create ...................................................................................................HR 176
BRUNSWICK, CITY OF Annual ad valorem tax; promoting economic development.........................................HB 762 Brunswick and Glynn County Development Authority; appoint members...............HB 935 Brunswick and Glynn County Development Authority; appoint members.............HB 1107 Brunswick and Glynn County Development Authority; create; extend - CA...........HB 620 Brunswick-Glynn County; municipal port and terminal facilities; extend - CA ....................................................................................................HB 511 Brunswick-Glynn County; sewage system; extend - CA...............................................HB 510 Convey property..................................................................................................................SR 120
BUDGET (See Appropriations and Fiscal Affairs)
BUILDINGS AND HOUSING Ad valorem tax; mobile homes; definition......................................................................HB 700 Asbestos; liability removal, encapsulation, cleaning or disposal.................................HB 341 Boilers and pressure vessels; design requirements........................................................HB 348 Elevators, dumbwaiters, escalators, manlifts, and moving walks; smoke detectors in lobbies; amend provisions...........................................................HB 840 Fair business practices; consumer transactions; definition...........................................SB 278 Fire safety inspection warrants; requirements.............................................................HB 1116 Georgia Nonprofit Housing Corporation; create..........................................................HB 1117 Handicapped persons; standards for buildings and facilities ......................................HB 797 Homelessness in Georgia Study Committee; create......................................................HR 214 Housing Activities Study Committee; create.................................................................HR 369 Housing Authorities Law; amend provisions..................................................................HB 309 Housing; revise discrimination provisions.......................................................................HB 430 Housing Study Committee; re-create..............................................................................HR 175 Mobile homes; certificate of title; requirements..........................................................HB 1114 Property; abandoned landfills; prohibit construction ...................................................HB 435 Redevelopment Powers Law; amend...............................................................................HB 561 Residential Finance Authority; public utility assistance...............................................SB 123 Smoke detector requirement; certain buildings.............................................................HB 311 Smoke detectors; requirements...........................................................................................SB 10 Special Study Committee on Problems of Homeless; create.......................................HR 350 Special Study Committee on the Problems of Homeless in Georgia; create.............SR 184
BULLOCH COUNTY Clerk of judge of probate court; compensation..............................................................HB 887 Clerk of superior court; employees' compensation........................................................HB 884 Deputies and office clerk of sheriff; compensation.......................................................HB 885 Tax commissioner; assistant's compensation..................................................................HB 886
BUNN, ANDREW CAREY, SR.; commend.................................................................HR 505
BURDICK, BRIGADIER GENERAL DONALD; commend ...................................HR 94
BURKE COUNTY Augusta Judicial Circuit; county supplement ................................................................HB 754

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2666

INDEX

BURKE COUNTY (Continued) State court; change terms..................................................................................................HB 756 State court; clerk; fees .......................................................................................................HB 138
BURNETTE, MADGE BROWN; condolences.............................................................HR 123
BURRUSS, HONORABLE A. L. "AL" A. L. "Al" Burruss Correctional Training Center; designate........................................HR 46 A. L. "Al" Burruss Correctional Training Center; designate ......................................HR 146 Placing portrait in capitol.................................................................................................HR 216
BURSON, BENJAMIN THOMAS, JR.; condolences ...............................................HR 121
BUSINESS AND OCCUPATION TAX; financial institutions; state and local taxation......................................................................................................HB 642
BUTTS COUNTY Board of commissioners; election...................................................................................HB 1103 Board of education; election.............................................................................................HB 903 Butts County, Flovilla, Jackson, and Jenkinsburg Water and Sewer Authority; membership..............................................................................HB 904
BYRON, CITY OF Change corporate limits.....................................................................................................HB 825 Redevelopment powers....................................................................................................HB 1108

CALHOUN, CITY OF; Hand Up, Inc.; appropriation; extend - CA..........................SB 213
CALHOUN COUNTY; Georgia Forestry Commission; transfer property.................HR 250
CALLOWAY, RUBYE; commend ...................................................................................HR 525
CAMDEN COUNTY Board of commissioners; election; provide for legislative intent.................................HB 906 Board of education; appoint school superintendent.....................................................HB 997 Board of education; election.............................................................................................HB 907
CAMILLA, CITY OF; mayor and councilman; compensation ....................................HB 577
CAMPBELL, JAMES HOPE; condolences...................................................................HR 143
CANDIDATES Campaign contribution disclosure report; filing; certain exemption .............................SB 26 Campaign contributions; certain candidates; prohibitions...........................................HB 140 Campaign contributions; disposition of excess contributions......................................HB 115 Campaign contributions; transfer to other candidates; amend provisions ................HB 650 Candidates; plurality of votes.............................................................................................HB 85 Certain public officials; plurality of votes cast; election - CA.......................................HR 27 Death or resignation of party nominee...........................................................................HB 165 Elections; contested cases; superintendents named defendants..................................HB 465 Elections; unopposed candidates......................................................................................HB 626 Pauper's affidavit; filing requirements............................................................................HB 654 Qualifying fees; transmission ............................................................................................HB 185 Recall elections; amend provisions relating to contributions .......................................SB 156 Write-in candidates; compliance with certain provisions................................................SB 71 Write-in candidates; prohibitions .......................................................................................SB 13 Zoning; certain campaign contributions; disclosure ......................................................HB 113
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2667

CANDLER COUNTY Industrial Authority; extend - CA ...................................................................................HB 857 State court; appeals; amend provisions...........................................................................HB 856
CAPITAL PUNISHMENT (See Death Penalty or Courts)
CARROLL COUNTY State court; judge, solicitor, secretary; compensation...................................................HB 789 State court; solicitor; expenses.......................................................................................HB 1118
CARROLLTON, CITY OF; homestead exemption; extend - CA ............................HB 1049
CASEY, W. B.; recognize ....................................................................................................HR 335
CASTRONIS, MICHAEL JOHN; condolences ...........................................................HR 210
CATOOSA COUNTY Board of tax administrators; qualifications, terms, authority, duties, and compensation; extend - CA....................................................HB 869 Coroner; compensation.....................................................................................................HB 1140 Development Authority; create; extend - CA...............................................................HB 1073 Development Authority; extend - CA............................................................................HB 1105 Health insurance for employees .......................................................................................HB 679 Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority; extend - CA.....................................................................................................SB 69 Sewage districts; extend - CA.........................................................................................HB 1106 Sewage districts; extend - CA.........................................................................................HB 1072 Sheriff; compensation.........................................................................................................HB 930
CEMETERIES Counties and municipalities; disturbing burial places; requirements.........................HB 949 Georgia War Veterans Cemetery; establish ....................................................................HB 727 Georgia War Veterans Cemetery; establish.....................................................................SB 359 Markers and monuments; requirements .........................................................................HB 950
CENTRAL OF CARROLLTON LIONS FOOTBALL TEAMS OF 1986; invite to House...............................................................................HR 128
CENTREX INFORMATION CLERKS; commend ...................................................HR 398
CERTIFIED FARM MARKET PROGRAM; recognize...........................................HR 288
CHAFIN, HONORABLE JOHN CHARLEY; condolences .....................................HR 354
CHAMBLEE HIGH CHAMPION CROSS-COUNTY TEAM; commend..........HR 501
CHANDLER, SHIRLEY ANNE AND GINA MARIE RATCLIFFE;commend..................................................................................................HR 437
CHAPLAINS, HOUSE OF REPRESENTATIVES Alien, Dr. Harold W.........................................................................................................Page 662 Alien, Reverend John .....................................................................................................Page 2127 Baker, Reverend Dick ........................................................................................................Page 49 Brady, Dr. Hal.................................................................................................................Page 1438 Brown, Dr. Ronald K .........................................................................................................Page 75 Calvo, Reverend Randy....................................................................................................Page 319 Camp, Reverend Carroll H..............................................................................................Page 187 Cordle, Dr. Mike ...................................................................................................................Page 1 Dent, Dr. Joel H..............................................................................................................Page 1139 Donaldson, Reverend R. E............................................................................................Page 1768 Garner, Reverend Benny..................................................................................................Page 884 Hill, Reverend Joe L......................................................................................................Page 1892

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2668

INDEX

CHAPLAINS, HOUSE OF REPRESENTATIVES (Continued) Hillsman, Reverend Morris .............................................................................................Page 461 Jenkins, Reverend John L...............................................................................................Page 393 Lanford, Reverend Thomas, Sr.........................................................................................Page 96 Lockerman, Reverend Allan ..........................................................................................Page 1000 Martin, Reverend Kenneth B.......................................................................................Page 1961 Mavity, Reverend L. Kenneth ......................................................................................Page 1039 McElrath, Reverend James R..........................................................................................page 628 McNeal, Reverend James E..........................................................................................Page 1081 Moore, Reverend C. E....................................................................................................Page 1611 Mounts, Reverend William C..........................................................................................Page 221 Norton, Reverend Buddy.................................................................................................Page 166 Orr, Reverend Jerry F....................................................................................................Page 1250 Pascal, Harvey...................................................................................................................Page 370 Patterson, Reverend Jerry A.........................................................................................Page 1657 Perry, Dr. Randall.............................................................................................................Page 705 Price, Dr. Nelson...............................................................................................................Page 742 Pritchett, Reverend Harry H., Jr.................................................................................Page 1521 Roberts, Reverend Woody.............................................................................................Page 1201 Sims, Reverend Dorothy Geer ........................................................................................Page 123 Thomas, Reverend Peter G...........................................................................................Page 1358 Trice, Reverend James T.................................................................................................Page 434 Turner, Reverend Doug ...................................................................................................Page 845 Whitman, Reverend Harris .............................................................................................Page 253 Woods, Reverend Mike..................................................................................................Page 2313
CHARITIES Charitable organizations or professional fund raisers; registration ............................HB 605 Day-care centers; licensure; certain exemption..............................................................HB 608 Nonprofit corporations; certain persons; limitations of liability.................................HB 798 Torts; certain immunity.....................................................................................................HB 339 Torts; certain liability........................................................................................................HB 340 Torts; food donations to charities; liability......................................................................HB 73 Torts; nonprofit organizations; qualified immunity.......................................................SB 113
CHARLTON COUNTY Board of commissioners; election...................................................................................HB 1007 Board of education; election...........................................................................................HB 1157 Development Authority; powers and authority; extend - CA....................................HB 1006
CHASTAIN, CORPORAL CARROLL; commend .....................................................HR 203
CHATHAM COUNTY Board of commissioners; meetings.................................................................................HB 1076 Board of commissioners; meetings.................................................................................HB 1075 Chatham County Courts Officials Compensation Study Commission; create ............HR 91 Chatham County-City of Savannah; chief tax assessor; appoint; extend - CA......................................................................................................HB 879 Compensation of certain officials.......................................................................................HB 78 Law Enforcement and Jails Study Commission; create.............................................HB 1033 Magistrate court; additional magistrates; appointment..................................................HB 79 Magistrate court; library fees............................................................................................HB 441 Recorder's court; provide chief judge............................................................................HB 1027 Redevelopment powers.......................................................................................................SB 387 Savannah-Chatham County; merge school systems; extend - CA...............................HB 889 Tax commissioner; costs of operation............................................................................HB 1070
CHATTAHOOCHEE COUNTY; motor vehicles; staggered registration .................HB 112

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2669

CHATTOOGA COUNTY Board of education; election; extend - CA......................................................................HB 972 State court; judge and solicitor; compensation ..............................................................HB 894 Tax fees, costs, and fines; disposition; extend - CA......................................................HB 971
CHECKS (See Banking and Finance or Financial Institutions)
CHEROKEE COUNTY Airport Authority; create; extend - CA...........................................................................HB 322 Board of education; election; extend - CA......................................................................HB 323 Development Authority; create; extend - CA.................................................................HB 320 Fire protection and sewerage districts; extend - CA.....................................................HB 321 Motor vehicles; registration...............................................................................................HB 325
CHILD ABUSE Juvenile court judge approve shelter care ......................................................................HB 501 Minors engaging in sexual conduct; unlawful depictions .............................................HB 223 Protocol for county agencies.............................................................................................HB 913 Reporting requirements.....................................................................................................HB 415 Sexual exploitation of children; amend Code provisions..............................................HB 454 Sexual offenses; age of consent...........................................................................................HB 41 Sexual offenses; age of consent .............................................................................................SB 5 Sexual offenses; exploitation of child; forfeiture of profits..........................................HB 179
CHILD CUSTODY (Also, see Domestic Relations or Parent and Child) Child custody; visitation rights; residency requirements .............................................HB 964 Interference with custody; violation of visitation rights...............................................HB 141 Removal of child from state; requirements ..................................................................HB 1177
CIGARS AND CIGARETTES Tobacco products; prohibit sales to minors....................................................................HB 139 Tobacco products; prohibit sales to minors....................................................................HB 142 Tobacco products; regulate sales......................................................................................HB 695
CITY COURTS (See Courts or Municipalities)
CIVIL PRACTICE Actions for deficiencies in construction; limitation period ..........................................HB 715 Arbitration; general provisions ............................................................................................SB 73 Attorney's fees; magistrate courts.....................................................................................SB 196 Continuances; certain registered agents........................................................................HB 1161 Deposition; record at own expense.....................................................................................SB 46 Executions; discovery measures.........................................................................................SB 227 Facts and conclusions accompany judgment..................................................................HB 657 Foreign judgments; enforcement ......................................................................................HB 301 Habeas corpus; death sentence challenge; transfer..........................................................SB 99 Judgments; motions to set aside ......................................................................................HB 224 Medical malpractice; amend provisions...............................................................................SB 2 Securities laws; applicability.............................................................................................HB 663 Sheriffs' Retirement; increase certain fees.....................................................................HB 717 Torts; amend provisions ........................................................................................................HB 1 Torts; malicious abuse.......................................................................................................HB 745 Torts; product liability; time limitations ..........................................................................HB 29 Unaccepted settlement offer; attorney's fees .................................................................HB 693
CLAIMS ADVISORY BOARD; crop damage by deer; payment of claims ............HB 564
CLARKE COUNTY Airport Authority; create....................................................................................................SB 245 Athens, City of-Clarke County; ad valorem tax levy; extend - CA ............................HB 535

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2670

INDEX

CLARKE COUNTY (Continued) Merit system; create; extend - CA...................................................................................HB 536 Motor vehicles; staggered registration.............................................................................HB 627 Special service districts; extend - CA..............................................................................HB 537
CLAY COUNTY; Development Authority; extend - CA............................................HB 1146
CLAYTON COUNTY Board of commissioners and chairman; compensation...............................................HB 1085 Board of education; compensation.................................................................................HB 1084 Civil service board; members' compensation................................................................HB 1088 Clayton Clean and Beautiful Project; commend...........................................................HR 404 Community improvement districts................................................................................HB 1121 Probate court judge; compensation................................................................................HB 1082 Recognize as home of "Gone with the Wind"................................................................HR 117 Sheriff and superior court clerk; compensation...........................................................HB 1087 State court; deputy clerk, judge, and solicitor; compensation...................................HB 1083 Tax commissioner and deputy; compensation.............................................................HB 1086 Tourism Authority; create...............................................................................................HB 1122 Water Authority; chairman, secretary, members; compensation ..............................HB 1098 Water Authority; recognize...............................................................................................HR 333
CLAYTON COUNTY FIRE CHIEF WILLIAM GUICE; commend ...................HR 451
CLAYTON COUNTY FIRE DEPARTMENT; commend .......................................HR 439
CLERKS, SUPERIOR COURT Articles of incorporation; filing fees...................................................................................HB 28 Filling vacancies in office ...................................................................................................SB 170 Magistrate courts; writs of execution; fees.......................................................................HB 16 Minimum salary..................................................................................................................HB 547 Superior Court Clerks' Retirement; proceeds of real estate transfer tax ..................HB 469
CLEVELAND, MELANIE; commend............................................................................HR 151
CLIFTON, C. LAMAR; commend...................................................................................HR 463
CLINCH COUNTY Board of education; appoint superintendent................................................................HB 1039 Board of education; certain election..............................................................................HB 1077 Development Authority; extend - CA............................................................................HB 1038 Georgia Forestry Commission; transfer certain property................................................SR 33 Magistrate court; certain fees to law library................................................................HB 1040 Magistrate court; library fees............................................................................................HB 144
CLINICAL LABORATORIES Board of Regents; laboratory and research facilities; authorization to lease......................................................................................................SB 267 Consent for surgical or medical treatment; disclosure..................................................HB 107 Criminal procedure; certain scientific reports; admissible evidence............................SB 169 Transactions with state agencies; laboratory and research facilities...........................SB 268 University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee; create............HR 90
COASTERS DINNER CLUB OF STOCKBRIDGE; commend ............................HR 522
COBB COUNTY Board of commissioners; members and chairman; compensation ...............................HB 909 Board of education; districts.............................................................................................HB 175 Chief deputy sheriff and chief investigator; compensation..........................................HB 898 Cobb Judicial Circuit; district attorney; compensation................................................HB 644

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2671

COBB COUNTY (Continued) Court Consolidation Plan Study Committee; create.....................................................HR 310 Deputy clerk of superior court; compensation...............................................................HB 881 Executive secretary; provide for sheriff..........................................................................HB 899 Judge and clerk of probate court; compensation............................................................SB 279 Juvenile court; judge; change compensation ..................................................................HB 845 State court; certain judges; compensation.......................................................................SB 384 State court; clerk and chief deputy; compensation.......................................................HB 966 State court; judges; compensation....................................................................................HB 643 State court; solicitors; compensation................................................................................SB 280 Tax commissioner and chief clerk; compensation.........................................................HB 875
COBB JUDICIAL CIRCUIT Add judge..............................................................................................................................SB 339 District attorney; compensation.......................................................................................HB 644 Judges' supplement.............................................................................................................SB 233
COBB YOUTH CHORUS OF GEORGIA; commend................................................HR 388
COCHRAN, CITY OF Bleckley-Cochran Industrial Development Authority; create; extend - CA..............HB 208 Governing authority; powers.............................................................................................HB 863
CODE OF GEORGIA Corrections and revisions ....................................................................................................HB 23 Elections; ethics provisions; editorial changes ...............................................................HB 187
COFFEE COUNTY Board of commissioners; health insurance benfits........................................................HB 808 Douglas-Coffee County Industrial Authority; extend - CA .........................................HB 156
COKER, MR. AND MRS. HENRY; commend............................................................HR 213
COLBERT, CITY OF; mayor; term of office.................................................................HB 868
COLLEGE PARK, CITY OF; Business and Industrial Development Authority; extend - CA......................................................................................................HB 697
COLLEGES Agnes Scott College; special license plates.......................................................................HB 67 Augusta College; special license plates............................................................................HB 873 Board of Regents; laboratory and research facilities; authorization to lease......................................................................................................SB 267 Campus policemen; certification and training costs; requirement..............................HB 329 College Tuition Prepayment Plan Study Committee; create......................................HR 178 Georgia Education Trust; create......................................................................................HB 315 Georgia Southwestern College; special license plates......................................................HB 63 Medical College of Georgia; special license plates.........................................................HB 874 North Georgia College military scholarships; selection................................................HB 401 North Georgia College military scholarships; selection................................................HB 450 Paine College; special license plates..............................................................................HB 1079 Postsecondary Education Authorization; certain exemptions.....................................HB 815 Private Colleges and Universities Authority; membership; compensation................HB 307 Private Colleges and Universities Authority; proceeds of bonds; finance student loans..........................................................................................SB 371 Public records; certain trade secrets and proprietary information; applicability..............................................................................................HB 804 Public school employees health insurance; coverage for certain retired persons....................................................................................................SB 316 Savannah State College; special license plates...............................................................SB 344

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2672

INDEX

COLLEGES (Continued) Savannah State College; special license plates...............................................................HB 587 Student loans and scholarships; amend certain provisions..........................................HB 807 Student loans; residency requirement; amend ...............................................................HB 809 Teachers Retirement; service in certain private colleges; credit.................................HB 706 Transactions with state agencies; laboratory and research facilities...........................SB 268
COLLINS, PRESTON MILO; commend ......................................................................HR 454
COLQUITT COUNTY; motor vehicle registration .....................................................HB 1093
COLUMBIA COUNTY Board of education; election.............................................................................................HB 579 Homestead exemption........................................................................................................HB 578
COLUMBUS, CITY OF Municipal Court of Columbus and Muscogee County; chief magistrate; compensation ..............................................................................................HB 806 Municipal court; clerk and marshall; compensation .....................................................HB 628
COMMERCE AND TRADE Buying services; cancellation of contracts.........................................................................HB 56 Consumer's Utility Counsel; operating costs; fees.........................................................HB 478 Consumer's Utility Counsel; performance audit; repeal requirement ........................HB 477 Credit repair services organizations; penalty for fraud ................................................HB 678 Deceptive practice; false reasons for seminar or meeting ...............................................SB 52 Economic Development Council; membership.................................................................HB 20 Fair Business Practices; consumer transactions; definition..........................................SB 278 Foreclosure and executions; amend provisions ...............................................................SB 366 Franchises; transfer of dealership ....................................................................................HB 263 Gasoline marketing; retail sales; prohibitions .................................................................SB 177 Gasoline stations; handicapped permits; dispense at self-service price.....................HB 385 George L. Smith II Georgia World Congress Center Authority; convention and trade show facilities .........................................................................HB 1035 Georgia Consumer Cooperative Act; enact .....................................................................HB 412 Governor's Commission on Growth Strategy; create ......................................................HR 77 Handicapped persons; permits; dispense gas at self-service prices ............................HB 460 Hotel-motel tax; increase; use of proceeds .....................................................................HB 563 Liens; businesses; altering or repairing clothing or shoes ............................................HB 835 Motor fuel; retail sales; sign requirement.......................................................................HB 438 Optometrists; trade names in conjunction with practice; authorization ....................HB 816 Promotional giveaways or contests; definition...............................................................HB 201 Public records; certain trade secrets and proprietary information; applicability ..............................................................................................HB 804 Retail Installment and Home Solicitation Sales; revolving accounts.........................HB 146 Retail sales; revolving accounts; interest paid to buyer .............................................HB 1131 Rural Economic Development Law; enact.......................................................................SB 191 Sales tax certificate; businesses; seller acting unlawfully...........................................HB 1041 Securities laws; admissible evidence; civil or criminal actions.......................................SB 78 Securities laws; applicability .............................................................................................HB 663 Tobacco products; regulate sales......................................................................................HB 695 Trade or professional association; group self-insurance fund......................................HB 557 Trade practices; laundries; itemized list.......................................................................HB 1176 Trademarks or service marks; applications; filing fee ..................................................HB 222 Warranties; new motor vehicles........................................................................................HB 631
COMMERCIAL CODE; foreclosure and executions; amend provisions ....................SB 366
COMMISSIONS Advisory Commission on Programs for the Blind; create .............................................SB 318

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2673

COMMISSIONS (Continued) Agricultural Commodity Commission for Peanuts; amend provisions.......................HB 476 Area Planning and Development Commissions; review................................................HB 281 Boards and commissions; expense allowances................................................................HB 661 Capitol Hill Master Plan Commission; create................................................................SR 147 Children's Services Commission; create..........................................................................HB 192 Commission of Inquiry; create..........................................................................................HB 519 DeKalb County Government Study Commission; create .............................................HR 109 Economic Development Council; membership.................................................................HB 20 Governor's Commission on Growth Strategy; create ......................................................HR 77 Herman Eugene Talmadge Monument Commission; create........................................HR 372 North Fulton County Incorporation Study Commission; create...................................HR 83 State Constitution; create commission to correct and revise ........................................HR 16 State Professional Sports Commission; create ...................................................................HB 9 State Professional Sports Commission; create ...............................................................HB 270 State Racing Commission; create.......................................................................................HB 60
COMMITTEES Administrative Expenses of Education Study Committee; create..............................HR 370 Airport Authority Study Committee; create ....................................................................HR 20 Brunswick Judicial Circuit Study Committee; create...................................................HR 176 Child Pornography Study Committee; create................................................................HR 127 Children and Youth Study Committee; create................................................................HR 19 Cobb County Court Consolidation Plan Study Committee; create............................HR 310 College Tuition Prepayment Plan Study Committee; create......................................HR 178 Comprehensive Energy Resources Policy Committee...................................................HR 412 Conversion of Waste to Energy; Joint Committee........................................................HR 189 County Consolidation Study Committee; create ...........................................................HR 225 Economic Development through Historic Preservation Committee............................SR 126 Elderly Volunteer Service Credit Study Committee; create..........................................HR 47 General Assembly sessions; certain conduct; prohibitions...........................................HB 126 General Assembly; subpoena witnesses.............................................................................HB 40 Governor's Task Force on Adult Literacy; create...........................................................HR 64 Grand Jury Study Committee; create ..............................................................................SR 144 Hartsfield-Atlanta International Airport Noise Committee; recreate..........................HR 29 Homelessness in Georgia Study Committee; create......................................................HR 214 House After School Care Program Study Committee; create .......................................HR 14 House Artificial Reef Study Committee; create ............................................................HR 410 House Children's Mental Illness Study Committee; create.........................................HR 342 House Foreign Language Study Committee; create ......................................................HR 418 House Motor Truck Safety Study Committee; create..................................................HR 292 House Nursing Home Industry Study Committee; create ...........................................HR 185 House Nursing Home Regulatory Coordination Study Committee; create...............HR 187 House Study Committee on School Completion; create...............................................HR 283 House Talmadge Monument Study Committee; create ...............................................HR 371 House Teenage Pregnancy Study Committee; create.....................................................HR 15
House Workers' Compensation Self-Insurance Solvency Study Committee; create...........................................................................................................HR 368
Housing Activities Study Committee; create.................................................................HR 369 Housing Study Committee; re-create..............................................................................HR 175 Joint Adoption Study Committee; create........................................................................SR 109 Joint Comprehensive Energy Resources Policy Committee; create..............................HR 98 Joint Educational Assessment Study Committee; create.............................................HR 219 Joint Government competition with Private Enterprise Committee; create...............SR 79 Joint Prefiling of Legislation Study Committee; create.................................................HR 95 Joint Study Committee on Community Services for the Mentally Disabled .............HR 10 Joint Study Committee on Residential High Schools for the Arts; create ..................SR 70 Land Information System Joint Study Committee; create.............................................SR 92

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2674

INDEX

COMMITTEES (Continued) Lead Poisoning Prevention Study Committee; create ....................................................HR 21 Need for Family Life Instruction in Public School Study Committee; create...........................................................................................................HR 367 Needs of Visually Impaired Georgians Study Committee; create...............................HR 291 Paraprofessional Teacher Assistants and Education Secretaries; create committee .......................................................................................HR 306 Perinatal Services in County Health Departments; create committee on.................HR 165 Property Damage by Deer Study Committee; create ...................................................HR 124 Rural Economic Development Study Committee; create.............................................HR 329 Special Study Committee on Problems of Homeless; create.......................................HR 350 Special Study Committee on the Problems of Homeless in Georgia; create.............SR 184 University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee; create............HR 90 Women and Poverty Study Committee; create .............................................................HR 126 Youth and Violence Study Committee; create.................................................................HR 22
COMMON CARRIERS AND CONTRACT CARRIERS (See Motor Carriers)
COMMUNICATIONS RECEIVED Buck, Representative Thomas B....................................................................................Page 137 Edwards, Frank B., Legislative Counsel..............................................................Pages 136, 137 Edwards, Representative Ward ......................................................................................Page 137 Gilstrap, L. G., Assistant Clerk of the House ............................................................Page 2313 Governor .............................................................................................................Pages 27, 28, 1357 Lieutenant Governor ..............................................................................................Pages 136, 137 Majority Caucus ..................................................................................................................Page 30 Secretary of State.....................................................................Pages 1, 142, 181, 365, 659, 880, 1197, 1609, 1959, 2642 Speaker of the House.......................................................................................Pages 30, 136, 137 Steinberg, Representative Cathey ..................................................................................Page 135 Stumbaugh, Senator Bud.................................................................................................Page 135
COMMUNITY AFFAIRS Community Affairs, Department of; grants to counties and municipalities; authorization...............................................................................HB 1036 Community development block grant fund; appropriations......................................HB 1026 Juveniles; community service for delinquent acts..........................................................SB 162 Rural economic development plan...................................................................................HB 148
COMPENSATION RESOLUTIONS Ben Hill Commissioners......................................................................................................HR 43 Fine, S. Mark ........................................................................................................................HR 28 Fitzgerald, Bryan Todd .....................................................................................................HR 254 Gibson, Donnie H...............................................................................................................HR 290 Ham, Kenneth W...............................................................................................................HR 268 Hodges, Ray R......................................................................................................................HR 11 International Service Insurance Co...................................................................................HR 57 King, Beth Kathleen..........................................................................................................HR 267 Liang, Doris E.......................................................................................................................HR 48 Mobley, Matthew Paul........................................................................................................HR 17 Moseley, J. Brown..............................................................................................................HR 108 Nelson, EuleeC..................................................................................................................HR 266 Owens, Reginald....................................................................................................................HR 18 Palmer, Mickey.....................................................................................................................HR 42 Persons, Allene......................................................................................................................HR 56 Reid, Frans on behalf of Loverne T. Matlock ...............................................................HR 270 Rutter, Richard...................................................................................................................HR 269 Tanner, L...............................................................................................................................HR 41

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INDEX

2675

COMPENSATION RESOLUTIONS (Continued) Wells, Dorian Patrick.........................................................................................................HR 218 Wilder, William E...............................................................................................................HR 265 Wray, Thomas Dowden .......................................................................................................HR 58
CONDOMINIUMS Landlords; cable television service; certain prohibitions.................................................SB 16 Time-share estates; tax status ..........................................................................................HB 200
CONNOR, DENNIS; commend for winning America's Cup trophy ..........................HR 255
CONSERVATION AND NATURAL RESOURCES Asbestos; liability for removal, encapsulation, cleaning or disposal...........................HB 341 Burning of woods, lands or marshes; permit....................................................................HB 34 Chehaw Park Authority; composition and term..........................................................HB 1058 Clean Water Act; reauthorize; urge Congress ..................................................................HR 69 Coastal marshlands; certain activities on private property; exclusions .....................HB 268 Comprehensive Energy Resources Policy Committee...................................................HR 412 Conservation ranger; certain retirees; retain weapon and badge ................................HB 261 Conversion of Waste to Energy; Joint Committee........................................................HR 189 Conyers-Rockdale-Big Haynes Impoundment Authority; create ..............................HB 1050 Damage by deer to property; authorization to kill........................................................HB 392 Environmental protection; marine toilets; amend provisions ......................................HB 308 Fishing license requirements; waiver ...................................................................................HB 6 Game and Fish Title; amend provisions .............................................................................HB 7 Georgia Asbestos Safety Act; licensing requirements ...................................................HB 463 Georgia Youth Conservation Corps; establish..................................................................HB 82 Groundwaters; permits for farm use................................................................................HB 137 Hazardous Materials Emergency Response Advisory Council; recreate ......................HR 59 Hazardous materials; leakage; immunity for certain assistance...................................SB 136 Hazardous materials or oil; certain quantities; report spill .........................................HB 775 House Artificial Reef Study Committee; create ............................................................HR 410 Jekyll Island-State Park Authority; add member .........................................................HB 937 Jekyll Island-State Park Authority; violations of ordinances......................................HB 741 Joint Comprehensive Energy Resources Policy Committee; create..............................HR 98 L. L. (Pete) Phillips Conference Center; designate...........................................................HR 9 Lake Lanier Islands Development Authority; powers ...................................................SB 130 Natural Resources, Department of; wildlife technicians; reclassify..........................HB 1149 Property; abandoned landfills; prohibit construction ...................................................HB 435 Sales tax exemption; certain materials used in manufacturing items from granite ..........................................................................................................HB 532 Sales tax; biomass; exemption..........................................................................................HB 575 Soil and Water Conservation Districts; commend ........................................................HR 122 Solid waste disposal sites; permits; restrictions.............................................................HB 862 Stone Mountain Memorial Association; alcoholic beverages; sales on premises.........................................................................................HB 810 Trash dumping; boundaries; prohibitions..........................................................................SB 33 Water well contractors; licensing ...................................................................................HB 1144 Waterfowl Stamp Fund; establish....................................................................................HB 326
CONSTITUTION OF THE UNITED STATES OF AMERICA BICENTENNIAL ANNIVERSARY; relative to....................................................HR 393
CONSTITUTIONAL AMENDMENTS Ad valorem tax; inventories; assessment date...................................................................SR 11 Alcohol and drug abuse; allocate money for treatment programs ................................HR 13 Antique automobiles; ad valorem tax; maximum value ...............................................HR 240 Arts Development Fund; create..........................................................................................SR 23 Atlanta, City of; amount of bonded indebtedness...........................................................SR 99

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2676

INDEX

CONSTITUTIONAL AMENDMENTS (Continued) Boards of education; single member district....................................................................HR 97 Certain public officials; plurality of votes cast; election ................................................HR 27 Circuit-wide grand juries; provide ......................................................................................SR 22 Commissioner of Agriculture; appointment....................................................................HR 228 Commissioner of Insurance; appointment......................................................................HR 226 Commissioner of Labor; appointment.............................................................................HR 229 Controlled substances violations; pardon and parole prohibitions .............................HR 321 Counties and municipalities; land use plans; zoning power...........................................HR 44 Counties and municipalities; multi-year contracts; enact general law.........................HR 63 Crime victims compensation; funding.............................................................................HR 281 Electric utilities property; state ad valorem tax............................................................HR 221 Electric utilities; state ad valorem tax; distribution .....................................................HR 167 Emergency medical services systems; support from certain funds.............................HR 323 General Assembly members; term of office........................................--.....--..--.--SR 7 Income tax form; designated contribution......................................................................HR 420 Initiative petition; power to enact or reject...................................................................HR 131 Local school systems; provide other sources of revenue.................................................HR 12 Local school systems; taxation; other sources of revenue..............................................HR 81 Lotteries; delete prohibition provision............................................................................HR 299 Motor fuel tax proceeds; allocation.................................................................................HR 455 Pardons and Paroles; restrictions; certain sentence......................................................HR 129 Pardons and Paroles, State Board of; elect membership...............................................HR 26 Pari-mutuel wagering; local referendum...........................................................................HR 45 Revenue bills; originate in either House of General Assembly .......................................SR 6 Sales tax; increase 2'V> statewide; education..................................................................HR 416 School superintendents; appointment by board............................................................HR 227 Special sales and use tax; educational purposes; referendum .......................................HR 84 State lottery; provide...........................................................................................................HR 54 State-wide, circuit-wide or regional grand juries; create..............................................HR 322 State-wide grand juries; create.........................................................................................HR 132 Supplemental appropriations; vote required..................................................................HR 217
CONSUMER AFFAIRS Buying services; cancellation of contracts.........................................................................HB 56 Consumers' Utility Counsel; laws; date of repeal..........................................................HB 540 Consumer's Utility Counsel; operating costs; fees.........................................................HB 478 Consumer's Utility Counsel; performance audit; repeal requirement ........................HB 477 Credit cards; finance charge..............................................................................................HB 145 Fair Business Practices; consumer transactions; definition ..........................................SB 278 Gasoline stations; handicapped permits; dispense at self-service price .....................HB 385 Georgia Consumer Cooperative Act; enact..................................................................... HB 412 Insurance consumer advocate; create..............................................................................HB 111 Motor fuel; retail sales; sign requirement..................................................--.--------.--.HB 438 Promotional giveaways or contests; definition...............................................................HB 201 Public utilities; rate increase; filing................................................--..............................HB 427 Public utilities; rate increase; filing.................................................................................HB 428 Retail Installment and Home Solicitation Sales; revolving accounts.........................HB 146 Retail sales; revolving accounts; interest paid to buyer.............................................HB 1131 Torts; product liability; certify manufacturer.................................................................SB 140 Trade practices; laundries; itemized list.......................................................................HB 1176
CONTOS, HONORABLE LARRY; condolences.........................................................HR 520
CONTRACTORS (CONSTRUCTION) Action for deficiencies; construction; limitation period................................................HB 715 Arbitration; general provisions............................................................................................SB 73 Handicapped persons; standards for buildings and facilities......................................HB 797

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INDEX

2677

CONTRACTORS (CONSTRUCTION) (Continued) Property; abandoned landfills; prohibit construction...................................................HB 435 Public work; bid bonds ......................................................................................................HB 636 Torts; independent contractor; employer's liability .......................................................SB 207 Trusts; payment of funds for real property improvement ...........................................HB 890 Water well contractors; licensing ...................................................................................HB 1144
CONTRACTS Arbitration; general provisions............................................................................................SB 73 Atlanta, City of; contract exceeding 50 years; mayor's authorization.........................SB 263 Bad checks; double damages..............................................................................................SB 256 Buying services; cancellation...............................................................................................HB 56 Contractors; public work; bid bonds................................................................................HB 636 Counties and municipalities; certain liability...............................................................HB 1179 George L. Smith II Georgia World Congress Center Authority; convention and trade show facilities .........................................................................HB 1035 Labor Department; lease agreements; certain space......................................................SB 190 Local governments; bids....................................................................................................HB 606 Local governments; contracts for lock box system........................................................HB 698 Trusts; payment of funds for real property improvement...........................................HB 890
CONTROLLED SUBSTANCES Abuse by child; reports.......................................................................................................SB 121 Amend list............................................................................................................................HB 968 Cocaine and crack; trafficking; penalty............................................................................SB 209 Controlled substances violations; pardon and parole prohibitions - CA ...................HR 321 Death penalty; murder committed during drug trafficking.........................................HB 249 Distribution to minors; penalty ..........................................................................................HB 96 Distribution to minors; penalty........................................................................................HB 103 Duplicate prescription........................................................................................................HB 998 Forfeited property; use of funds.........................................................................................HB 74 Forfeited property; use of proceeds .................................................................................HB 250 Manufacture; amend provisions ........................................................................................SB 109 Marijuana production; felony .............................................................................................HB 22 Revise list.............................................................................................................................HB 169 Seizure; utilization of proceeds.........................................................................................HB 244 Trafficking and possession; amend provisions ...............................................................HB 767 Trafficking; penalty ............................................................................................................HB 248 Unlawful to be in room where being used......................................................................HB 251
CONVEYANCES OF PROPERTY Atlanta, City of; lease certain property .............................................................................SR 45 Baldwin County; convey easement ...................................................................................SR 157 Baldwin County; convey property.......................................................................................SR 17 Baldwin County; lease of property ..................................................................................HR 125 Brantley County; convey property to Johns Timber Co..............................................HR 275 Brunswick, City of; convey property................................................................................SR 120 Georgia Forestry Commission; transfer property to Calhoun County .......................HR 250 Graysville, City of; convey property ................................................................................HR 100 Habersham County; convey property ..............................................................................HR 252 Perry, City of; convey property ........................................................................................HR 280 Pulaski County; convey property .......................................................................................HR 55 Savannah, City of; convey property ...................................................................................SR 19 Southern Railway Company; sublease agreement with Tennessee Valley Railway Museum ..........'......................................................................................HR 285 Taliaferro County; convey property.................................................................................HR 101 Tybee Island, City of; convey easement; fishing pier.....................................................HR 99 Waycross, City of; grant easement...................................................................................HR 133

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2678

INDEX

CONYERS MIDDLE SCHOOL GIRLS BASKETBALL TEAM; commend....HR 336
CONYERS, CITY OF; Conyers-Rockdale-Big Haynes Impoundment Authority; create.....................................................................................HB 1050
COOK COUNTY; board of commissioners; compensation.........................................HB 1055
COOK COUNTY MIDDLE SCHOOL; commend......................................................HR 263
COOK, DR. DAVID; commend ........................................................................................HR 441
COPPEDGE, HELEN RHEA; commend.......,...............................................................HR 422
CORDELE, CITY OF Crisp County-Cordele Industrial Development Authority; extend - CA .....................HB 13 Crisp County-Cordele, City of; merge school district; extend - CA ...........................HB 134 Office Building Authority; extend - CA........................................................................HB 1018 Office Building Authority; repeal specific acts............................................................HB 1019
CORONERS Coroner's Training Council; membership..........................................................................SB 70 Coroner's Training Council; quorum.................................................................................HB 94 Filling vacancy in office......................................................................................................SB 170 Municipal officials; authorization to serve......................................................................HB 452 Release certain medical records .......................................................................................HB 133
CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS Articles of incorporation; filing fees...................................................................................HB 28 Business development corporations; loans......................................................................HB 720 Directors or officers; liability............................................................................................HB 209 Employees and officers; indemnification and expenses.................................................SB 302 Georgia Consumer Cooperative Act; enact.....................................................................HB 412 Georgia Nonprofit Housing Corporation; create..........................................................HB 1117 Insure certain employees without consent......................................................................HB 954 Limitations of liability; certain persons..........................................................................HB 799 Limited partnerships; amend provisions.........................................................................HB 924 Name reservation................................................................................................................HB 210 Nonprofit corporations; certain persons; limitations of liability .................................HB 798 Officers and employees; liability......................................................................................HB 219 Taxation; domesticated foreign corporations; definition..............................................HB 724 Torts; nonprofit organizations; qualified immunity.......................................................SB 113 Uniform Partnership Act; garnishment.............................................................................HB 31
CORRECTIONAL OFFICERS' WEEK IN GEORGIA; recognize........................HR 223
CORRECTIONS, DEPARTMENT OF (See Penal Institutions)
COSMETOLOGY Services; location other than beauty salon.....................................................................HB 269 Services outside salon ........................................................................................................HB 487
COUNTIES (Also, see Local Governments or named County) Administrator for the county; eligibility.........................................................................HB 584 Airports; counties and municipalities register as operators.........................................HB 942 Alcoholic beverages; certain counties and municipalities; Sunday sales....................HB 812 Alcoholic beverages; in-room sales by hotel ...................................................................HB 227 Alcoholic beverages; sales by drink; referendum requirement .....................................SB 283 Animal Protection Act; amend provisions ....................................................................HB 1150 Annexation; population classification................................................................................HB 66 Annexation; zoning plans; population classification........................................................HB 77 Area Planning and Development Commission; certain annual assessments...............HB 80

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2679

COUNTIES (Also, see Local Governments or named County) (Continued) Area Planning and Development Commissions; review of certain developments......................................................................................................HB 281 Boards of commissioners; requirement..............................................................................HB 88 Boards of education; members' per diem .....................................................................HB 1024 Boards of health; membership; certain counties............................................................HB 344 Bonds; legal fees..................................................................................................................HB 273 Certain property; sales at fair market value ..................................................................HB 538 Child abuse; protocol for county agencies ......................................................................HB 913 Community Affairs, Department of; grants to counties and municipalities; authorization...............................................................................HB 1036 Contractors; bid bonds.......................................................................................................HB 636 Contracts; bids....................................................................................................................HB 606 Contracts; certain liability ...............................................................................................HB 1179 Contracts for lock box system..........................................................................................HB 698 Controlled substances; forfeited property; use of proceeds.........................................HB 250 Coroner's Training Council; quorum.................................................................................HB 94 Coroners; municipal officials; authorization to serve....................................................HB 452 Coroners; release certain medical records.......................................................................HB 133 County administrators; waive certain residency requirement.....................................HB 497 County boards of health; certain activities; regulate by Agriculture Department..................................................................................................SB 290 County Consolidation Study Committee; create ...........................................................HR 225 DeKalb and Fulton Counties; zoning procedures; amend ............................................HB 910 Development authorities; dispose of property at fair-market value...........................HB 953 Disposition of unclaimed property; certain exceptions...................................................HB 69 Disturbing burial places; requirements ...........................................................................HB 949 Electric utilities; state ad valorem tax - CA...................................................................HR 221 Electric utilities; state ad valorem tax; distribution - CA............................................HR 167 Employment benefits; provide...........................................................................................SB 102 Estates; year's support; amend provisions..............................,.......................................HB 729 Financial institutions; state and local taxation..............................................................HB 642 Fines; payment into municipal treasury .........................................................................HB 116 George L. Smith II Georgia World Congress Center Authority; convention and trade show facilities .........................................................................HB 1035 Guardianships; probate judge; custodian of certain funds...........................................HB 586 Habeas corpus; death sentence challenge; transfer..........................................................SB 99 Highways; weight and load of vehicles; pick-up and delivery ......................................SB 357 Hospitals; nonresident indigent patients; cost of care..................................................HB 707 Insurance; premium taxes; date of collection...............................................................HB 1160 Interlocal risk management agencies; definition............................................................HB 246 Jails; amend provisions......................................................................................................HB 131 Jails; prisoners pay certain fees; room and board .........................................................HB 848 Joint county and municipal sales tax; define population...............................................HB 93 Juries; selection requirement............................................................................................HB 176 Jury selection; certain counties ........................................................................................HB 155 Land Information System Joint Study Committee; create.............................................SR 92 Land use planning and development...............................................................................HB 330 Land use plans; zoning power - CA...................................................................................HR 44 Law enforcement; certain assistance; liability of state .................................................HB 446 Law enforcement officers; injured in line of duty; compensation...............................HB 876
Law libraries; costs collected in recorder's court............................................................SB 176
Law libraries; establish for superior court judges..........................................................HB 338
Local boards of education and county and municipal governing authorities; membership; election ................................................................................HB 345
Local government investment pool; bond proceeds........................................................HB 45
Local governments; audits; alternative reports..............................................................HB 178

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2680

INDEX

COUNTIES (Also, see Local Governments or named County) (Continued) Local governments; certain bonds; state plan of allocation.........................................HB 619 Local law enforcement; driving records; dissemination ................................................HB 405 Local law enforcement; speed detection devices............................................................HB 425 Local option sales tax; combined purposes ....................................................................HB 191 Marriage license; issuance ..................................................................................................SB 287 Motor fuel; county excise tax; imposition.......................................................................HB 518 Motor vehicle registration; certain counties; date.........................................................HB 397 Motor vehicles; staggered registration; certain counties...............................................HB 448 Motor vehicles; staggered registration; late penalty......................................................HB 105 Multiyear agreements.........................................................................................................HB 256 Multiyear contracts; enact general law - CA....................................................................HR 63 Official directory of state and county officials; publication ...........................................SB 57 Officials; filling vacancies in office ...................................................................................SB 170 Open meetings.....................................................................................................................HB 215 Pari-mutuel wagering; local referendum - CA .................................................................HR 45 Peace officers; exempt certain retirement income.........................................................HB 656 Peace officers; minimum salary .........................................................................................SB 155 Peace Officer Standards and Training; jail or communication officers.......................HB 52 Perinatal Services in County Health Departments; create committee on.................HR 165 Prisoners; medical costs; reimbursement...........................................................................SB 39 Probate courts; certain counties; jurisdiction..................................................................SB 275 Probation; county systems merge with state-wide systems.........................................HB 232 Property of electric utilities; state ad valorem tax........................................................HB 696 Quality Basic Education; fair share funds....................................................................HB 1152 Redevelopment Powers Law; amend ...............................................................................HB 561 Rural Economic Development Law; enact.......................................................................SB 191 Sheriffs; minimum salary ...................................................................................................SB 106 Solid waste disposal sites; permits; restrictions .............................................................HB 862 Special 1% sales tax; educational purposes ...................................................................HB 424 Special sales and use tax; educational purposes; referendum - CA..............................HR 84 Special sales tax; counties and municipalities; water and sewer projects..................HB 479 Special sales tax; cultural, recreational or historic facilities......................................HB 1136 State courts; solicitors; residency .....................................................................................HB 377 Tax assessors; confidentiality of records.........................................................................HB 121 Tax commissioners and collectors; minimum salaries ..................................................HB 461 Tax executions; costs of advertisement...........................................................................HB 439 Torts; injury resulting from criminal act on public property; prohibit action ..................................................................................................SB 68 Traffic violations; fees for transmitting reports .............................................................SB 173 Trash dumping; boundaries; prohibitions..........................................................................SB 33 Workers' compensation; include county officials...........................................................HB 342 Zoning; certain campaign contributions; disclosure ......................................................HB 113 Zoning power .......................................................................................................................HB 701 Zoning procedures; injunctive relief...............................................................................HB 1168 Zoning Procedures Law; amend .......................................................................................HB 520 Zoning Procedures Law; amend .......................................................................................HB 572 Zoning proposal review; certain counties and municipalities ......................................HB 571
COUNTRYSIDE LAND AND HOMES OF HENRY COUNTY INC. Commend ............................................................................................................................HR 508
COUNTY BOARDS OF HEALTH Certain activities; regulate by Agriculture Department ................................................SB 290 Membership; certain counties...........................................................................................HB 344 Perinatal Services in County Health Departments; create Committee on................HR 165
COURTS (Also, see Crimes and Offenses or Criminal Procedure) Abortions; Parental Notification Act................................................................................SB 229

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INDEX

2681

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Administration of estate; aliens; authorization ................................................................HB 55 Administrator for the county; eligibility .........................................................................HB 584 Administrators and executors; amend provisions..........................................................HB 668 Administrators and executors; posting bond..................................................................HB 670 Adoption; certain affidavit; waive requirement ................................................................SB 43 Adoption; provide information regarding birth parents ..................................................SB 63 Aggravated assault against elderly; penalty .....................................................................HB 98 Aggravated battery against elderly; penalty ...................................................................HB 102 Alcoholic beverages; certain violations; municipal court jurisdiction.........................HB 289 Alcoholic beverages; furnish to minors; municipal court jurisdiction .........................SB 141 Alcoholism or drug abuse; additional penalties; procedure ...........................................HB 62 Alimony and child support; dependent child; definition............................................HB 1174 Alimony and child support; enforcement and collection.....,........................................HB 302 Alimony and support; withholding from wages.............................................................HB 860 Appeals; probate courts; powers.......................................................................................HB 264 Appeals; supersedeas in cases of contempt ....................................................................HB 817 Arbitration; general provisions............................................................................................SB 73 Articles of incorporation; filing fees...................................................................................HB 28 Assault against elderly; mandatory penalty .....................................................................HB 95 Augusta Judicial Circuit; compensation; supplement...................................................HB 974 Augusta Judicial Circuit; county supplement ................................................................HB 754 Augusta Judicial Circuit; terms........................................................................................HB 755 Bad checks; amend provisions ..........................................................................................HB 124 Bail or recognizance; amend certain provisions .............................................................HB 776 Battery; sentence served during nonworking hours......................................................HB 238 Bonds; pledge of property; spouse's consent ..................................................................HB 470 Brunswick Judicial Circuit; add judge ............................................................................HB 271 Brunswick Judicial Circuit Study Committee; create...................................................HR 176 Certain officials; filling vacancies in office ......................................................................SB 170 Child abuse; juvenile court judge approve shelter care................................................HB 501 Child abuse; reporting requirements ...............................................................................HB 415 Children's Trust Fund Commission; establish................................................................SB 159 Circuit-wide grand juries; provide - CA.............................................................................SR 22 Civil actions; deposition; record at own expense ..............................................................SB 46 Civil court judge pro tempore; serve as magistrate pro tempore................................HB 585 Civil practice; attorney's fees; magistrate courts............................................................SB 196 Civil practice; executions; discovery measures................................................................SB 227 Civil practice; facts and conclusions accompany judgment .........................................HB 657 Civil practice; unaccepted settlement offer; attorney's fees ........................................HB 693 Cobb Judicial Circuit; add judge ......................................................................................SB 339 Cobb Judicial Circuit; district attorney; compensation................................................HB 644 Cobb Judicial Circuit; judges' supplement......................................................................SB 233 Common law marriage; validity........................................................................................HB 952 Contracts; counties and municipalities; certain liability ............................................HB 1179 Controlled substances; distribution to minors; penalty..................................................HB 96 Controlled substances; distribution to minors; penalty................................................HB 103 Controlled substances; forfeited property; use of funds.................................................HB 74 Corporate officers and employees; liability....................................................................HB 219 Court of Appeals; preappeal settlement conference procedure...................................HB 615 Crime Victims Compensation Fund; fees on bonds ......................................................HB 861 Crime victims compensation; funding - CA ...................................................................HR 281
Crimes and offenses; effect of repeal or amendment to law.........................................SB 230
Crimes and offenses; mentally retarded persons; responsibility .................................HB 878
Crimes; age limit; offender tried as adult.......................................................................HB 640
Crimes; bail jumping offense; redefine............................................................................HB 768
Criminal procedure; arraignment date; notification......................................................HB 117

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2682

INDEX

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Criminal procedure; certain scientific reports; admissible evidence............................SB 169 Criminal procedure; family violence; amend provisions ...............................................HB 871 Criminal procedure; two indictments for same offense................................................HB 653 Criminal prosecutions; limitations; certain offenders.....................................................HB 33 Criminal records; purged from original agency...........,...................................................SB 373 Death penalty; murder committed during drug trafficking.........................................HB 249 Death penalty; persons under 18; prohibitions ..............................................................HB 777 Death penalty; televise executions .....................................................................................HB 89 Dispossessory proceedings; transportable housing........................................................HB 291 District attorneys' investigators; appointment.................................................................HB 27 Divorce; waive evidentiary hearing; certain cases..........................................................HB 234 Douglas Judicial Circuit; terms ...........................................................................................SB 59 Driver's license; suspension or revocation; failure to pay certain fine ........................................................................................................HB 1023 Driving under the influence; driver's license reinstatement; requirements......................................................................................................................HB 50 Driving under the influence; fines; prohibit installment payments............................HB 675 Driving under the influence; violations in other jurisdictions.......................................HB 37 Drug trafficking; penalty...................................................................................................HB 101 Employment; jury duty; prohibit dismissal.......................................................................SB 41 Estates; illegitimate child; inheritance ............................................................................HB 498 Evidence; arson investigator; witness fees .......................................................................SB 264 Evidence; offense against minor; spouse's testimony;...................................................HB 181 Executory trust; amend provisions ................................................................................HB 1151 Financial institutions; production of documents; reimbursement .................................SB 80 Fines; payment into municipal treasury.........................................................................HB 116 Foreclosure; cooperative sales process.............................................................................HB 646 Foreign judgments; enforcement......................................................................................HB 301 Fulton County; state and magistrate courts; special fund............................................SB 253 General Assembly members; practice of law..................................................................HB 369 Grand Jury Study Committee; create ..............................................................................SR 144 Griffin Judicial Circuit; add judge...................................................................................HB 182 Griffin Judicial Circuit; add judge....................................................................................SB 258 Guardian and ward; amend code provisions ..................................................................HB 624 Guardian and ward; posting bond....................................................................................HB 669 Guardians or trustees; commissions...............................................................................HB 1163 Guardianship hearings; certain persons; fees..................................................................SB 236 Guardianship hearings; compensation; certain attorneys.............................................HB 371 Guardianships; probate judge; custodian of certain funds...........................................HB 586 Gwinnett Judicial Circuit; add judge.................................................................................SB 32 Gwinnett Judicial circuit; add judge .................................................................................HB 44 Homicide of a child; award of judgment.........................................................................HB 203 Interest and usury; post-judgment application..............................................................HB 241 Judgments; motions to set aside......................................................................................HB 224 Juries; selection requirement............................................................................................HB 176 Jury lists; compilation; grand or trial jurors; selection.................................................HB 183 Jury selection; certain counties........................................................................................HB 155 Juvenile proceedings; certain traffic offenses; jurisdiction...........................................HB 290 Juvenile proceedings; certain traffic or waterways offenses; jurisdiction........................................................................................................SB 147 Juvenile proceedings; definition of child ........................................................................HB 870
Juvenile proceedings; felony acts; definition...................................................................SB 215
Juvenile proceedings; jurisdiction.......................................................................................SB 20
Juvenile proceedings; program of state subsidies.............................................................SB 89
Juvenile traffic offenses; definitions ................................................................................HB 314
Juveniles; community service for delinquent acts..........................................................SB 162

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INDEX

2683

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Law libraries; costs collected in recorder's court............................................................SB 176 Law libraries; establish for superior court judges..........................................................HB 338 Library records; confidentiality ........................................................................................HB 297 Magistrate court; appeals ...................................................................................................SB 200 Magistrate court; bad checks; jurisdiction........................................................................HB 76 Magistrate court; bad checks; jurisdiction.......................................................................SB 195 Magistrate court; certain jurisdiction ..............................................................................HB 220 Magistrate court; election of chief magistrate ................................................................SB 194 Magistrate court; extradition; jurisdiction.......................................................................SB 201 Magistrate court; jurisdiction ............................................................................................SB 199 Magistrate court; law library fees ......................................................................................HB 15 Magistrate court; office of the clerk; qualifications ......................................................HB 398 Magistrate court; officers' commission.............................................................................SB 198 Magistrate court; writs of execution; fees.............................,...........................................HB 16 Magistrates; practice of law; amend provisions ................................................................SB 44 Marriage license; additional fee......................................................................................HB 1154 Missing child report; notification.....................................................................................HB 891 Municipal courts; certain municipalities; jurisdiction.................................................HB 1173 Municipal courts; jurisdiction; shoplifting.............................................................,........HB 265 Municipal courts; traffic fines; paid to municipalities....................................................HB 68 Northern Judicial Circuit; judges' compensation ..........................................................HB 795 Ocmulgee Judicial Circuit; terms ..........................................................................................SB 4 Ocmulgee Judicial Circuit; terms ........................................................................................SB 23 Probate court; certain counties; jurisdiction ...................................................................SB 275 Probate court; chief clerk; powers....................................................................................HB 623 Probate court; incapacity or inability of judge; removal ................................................HB 57 Probate court; judge; office site........................................................................................HB 488 Probate court; judges; eligibility requirement; certain counties....................................HB 58 Probate court; judges; minimum salary ...........................................................................SB 305 Probate court; judges' powers............................................................................................SB 208 Probate court; judges; requirements and eligibility .......................................................SB 274 Probate court; location of judge's office ..........................................................................SB 223 Probation; special alternative incarceration ...................................................................HB 800 Retirement; court officials; new system..........................................................................HB 703 Securities laws; applicability.............................................................................................HB 663 Senior Appellate Court Justice and Judge, create offices; hearing of oral arguments..............................................................................................HB 614 Seven justices........................................................................................................................HB 19 Sexual offenses; AIDS testing; requirement .................................................................HB 1047 Sexual offenses; penalties..................................................................................................HB 189 Sheriffs; minimum salary ...................................................................................................SB 106 Sheriffs' Retirement; increase allocation from certain fines........................................HB 719 Sheriffs' Retirement; increase certain fees .....................................................................HB 717 Shoplifting; property value; amend provisions ..............................................................HB 824 Simple assault and battery against elderly; penalty .....................................................HB 100 Simple battery against elderly; penalty ............................................................................HB 99 Southern Judicial Circuit; judge's compensation; supplement....................................HB 304 State agencies or local government; real property ........................................................HB 843 State authorities; violations of ordinances; magistrate courts......................................SB 131 State courts; solicitors; residency.....................................................................................HB 377 State patrol officer; witness fees ......................................................................................HB 659
State-wide, circuit-wide or regional grand juries; create - CA ....................................HR 322
State-wide grand juries; create - CA ...............................................................................HR 132
Stone Mountain Judicial Circuit; judges' supplement..................................................HB 917
Superior court judges; election ...........................................................................................HB 25
Superior Court Judges' Retirement; creditable service; certain benefits...................HB 842

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2684

INDEX

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Superior Court Judges' Retirement; required years for vesting..................................HB 566 Superior court judges; travel expenses; reimbursement ...............................................HB 877 Superior court; senior judge; increase per diem compensation.....................................HB 32 Superior court; services; Administrative Services assist...............................................HB 212 Tallapoosa Judicial Circuit; terms.......................................................................................HB 3 Title by prescription; adverse possession......................................................................HB 1052 Torts; actions against law enforcement officer; bond.....................................................HB 46 Torts; amend provisions........................................................................................................HB 1 Torts; liability of corporate officers and directors ........................................................HB 209 Torts; product liability; time limitations..........................................................................HB 29 Torts; punitive damages....................................................................................................HB 253 Torts; visual or sound broadcast; defamatory statements ............................................SB 343 Torts; wrongful death of parent; action by child ...........................................................SB 259 Traffic offenses; jury trial; withdrawal of waiver............................................................HB 30 Traffic sentences; modify judgment................................................................................HB 136 Traffic violations; fees for transmitting reports .............................................................SB 173 Uniform Partnership Act; garnishment.............................................................................HB 31 Western Judicial Circuit; supplementary compensation ..............................................HB 590 Wills; property; spouse receive maximum marital deduction.......................................SB 255 Witnesses; law enforcement officers; fees.......................................................................HB 127 Zoning procedures; injunctive relief...............................................................................HB 1168
COWETA COUNTY; motor vehicle registration...........................................................HB 813
COX, GARY VINSON; commend....................................................................................HR 180
CRADDOCK, WILLARD;commend..............................................................................HR 400
CRESS, LEON CLIFTON; commend.............................................................................HR 458
CREW, BILL; commend and invite to House.................................................................HR 186
CRIMES AND OFFENSES (CRIMINAL CODE) Abortions; mandatory counseling.....................................................................................HB 645 Abortions; Parental Notification Act................................................................................SB 229 Aggravated assault against elderly; penalty .....................................................................HB 98 Aggravated battery against elderly; penalty...................................................................HB 102 Aggravated child molestation; bail requirements..........................................................HB 714 Aggravated violence; distribution of representations to minors..................................HB 197 Alcoholic beverages; certain premises; prohibited conduct..........................................HB 516 Antiterrorism Information Center; establish..................................................................HB 603 Antiterrorism Task Force; director..................................................................................HB 602 Antiterroristic Training Act; enact ..................................................................................HB 916 Assault against elderly; mandatory penalty.....................................................................HB 95 Automatic telephone dialing; certain prohibitions ..........................................................HB 43 Bad check issued for insurance premium; null and void.............................................HB 196 Bad checks; amend certain immunity provision............................................................HB 634 Bad checks; amend provisions..........................................................................................HB 124 Bad checks; double damages..............................................................................................SB 256 Bad checks; magistrate courts; jurisdiction.....................................................................SB 195 Bad checks; present consideration; additional definitions ...........................................HB 649 Bail jumping offense; redefine..........................................................................................HB 768 Bail or recognizance; amend certain provisions.............................................................HB 776 Battery; sentence served during nonworking hours......................................................HB 238 Bonds and recognizances; forfeiture ................................................................................HB 915 Child abuse; protocol for county agencies......................................................................HB 913 Child abuse; reporting requirements...............................................................................HB 415 Child Pornography Study Committee; create................................................................HR 127

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INDEX

2685

CRIMES AND DEFENSES (CRIMINAL CODE) (Continued) Cocaine and crack; trafficking; penalty............................................................................SB 209 Controlled substances and dangerous drugs; amend list..............................................HB 968 Controlled substances; distribution to minors; penalty ..................................................HB 96 Controlled substances; distribution to minors; penalty ................................................HB 103 Controlled substances; duplicate prescription................................................................HB 998 Controlled substances; forfeited property; use of funds.................................................HB 74 Controlled substances; forfeited property; use of proceeds .........................................HB 250 Controlled substances; manufacture; amend provisions................................................SB 109 Controlled substances or marijuana; unlawful to be in room where being used.............................................................................................................HB 251 Controlled substances; revise list.....................................................................................HB 169 Controlled substances; seizure; utilization of proceeds.................................................HB 244 Controlled substances; trafficking and possession; amend provisions........................HB 767 Controlled substances; trafficking; penalty ....................................................................HB 248 Controlled substances violations; pardon and parole prohibitions - CA ...................HR 321 Credit repair services organizations; penalty for fraud ................................................HB 678 Crime Information Center; dissemination of records....................................................HB 312 Crime Victims Compensation Fund; fees on bonds ......................................................HB 861 Crime victims compensation; funding - CA ...................................................................HR 281 Crimes; age limit; offender tried as adult.......................................................................HB 640 Criminal procedure; two indictments for same offense................................................HB 653 Criminal records; purged from original agency...............................................................SB 373 Criminal trespass; definition...........................................................................................HB 1057 Criminal trespass or damage to property; negligence...................................................HB 120 Criminal trespass; spouse's intentional damage to property .....................................HB 1178 Day-care centers; records checks of employees..............................................................HB 742 Death penalty; murder committed during drug trafficking.........................................HB 249 Death penalty; televise executions .....................................................................................HB 89 Deceptive practice; false reasons for seminar or meeting ...............................................SB 52 Dogs; failure to keep under control; misdemeanor...........................................................SB 42 Driving under the influence; convictions; parallel federal laws .....................................SB 77 Driving under the influence; serious injury by vehicle; penalty..................................HB 796 Drugs; sales of complimentary samples; prohibitions ....................................................SB 285 Drug trafficking; penalty ...................................................................................................HB 101 Evidence; offense against minor; spouse's testimony....................................................HB 181 False identification documents; unlawful to possess, manufacture, sale or distribute ...............................................................................................................HB 14 False or facsimile bombs; prohibitions............................................................................HB 601 Family violence; amend provisions ..................................................................................HB 871 Firearm or knife; possession during commission of crime ...........................................HB 365 Firearms; discharging within certain areas; penalty......................................................HB 752 Firearms; loss of license; requirements for new permit................................................HB 612 Firearms; persons on probation; certain prohibition.....................................................HB 466 Firearms; prohibit sales of certain toys...........................................................................HB 523 General Assembly sessions; certain conduct; prohibitions...........................................HB 126 Homicide of a child; award of judgment.........................................................................HB 203 Interest and usury; origination fees or discount points; calculation...........................HB 128 Interference with custody; violation of visitation rights...............................................HB 141 Jekyll Island-State Park Authority; violations of ordinances......................................HB 741 Juvenile courts; felony acts; definition.............................................................................SB 215 Law enforcement officers; receiving funds; amend provisions .....................................SB 189
Litter control; penalty.........................................................................................................SB 151
Lotteries; delete prohibition provision - CA ..................................................................HR 299
Magistrate courts; bad checks; jurisdiction ......................................................................HB 76
Marijuana; production; jurisdiction ...................................................................................HB 22
Mentally retarded persons; responsibility.......................................................................HB 878

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2686

INDEX

CRIMES AND OFFENSES (CRIMINAL CODE) (Continued) Merchant parking areas; certain trespass.......................................................................HB 166 Minors engaging in sexual conduct; unlawful depictions.............................................HB 223 Motor vehicles; fleeing or eluding an officer; penalty...................................................HB 360 Motor vehicles; registration application; false statement.............................................HB 161 Motor vehicles; transportation of animals; requirements.............................................HB 772 Offense of battery; penalty ................................................................................................SB 203 Pari-mutuel wagering; local referendum - CA .................................................................HR 45 Prisoners; drugs, alcoholic beverages or weapons; unlawful possessions.....................HB 17 Public officials and employees; political activities; limitations........................................SB 3 Repeal or amendment to law; effect.................................................................................SB 230 Retail sales; certain stores; requirements for safe operations......................................HB 524 Sexual exploitation of children; amend Code provisions..............................................HB 454 Sexual offenses; age of consent...........................................................................................HB 41 Sexual offenses; age of consent .............................................................................................SB 5 Sexual offenses; AIDS testing; requirement.................................................................HB 1047 Sexual offenses; exploitation of child; forfeiture of profits..........................................HB 179 Sexual offenses; penalties..................................................................................................HB 189 Sheriffs' Retirement; increase allocation from certain fines........................................HB 719 Shoplifting; municipal courts; jurisdiction......................................................................HB 265 Shoplifting; property value; amend provisions ..............................................................HB 824 Simple assault and battery against elderly; penalty.....................................................HB 100 Simple battery against elderly; penalty ............................................................................HB 99 Sodomy; description of offense...........................................................................................HB 61 State lottery; provide.........................................................................................................HB 204 State lottery; provide - CA..................................................................................................HR 54 Tattoo; minors; prohibitions..............................................................................................SB 112 Tax evasion; criminal penalties .........................................................................................SB 119 Telephone conversation; taping prohibitions.................................................................HB 550 Tobacco products; prohibit sales to minors....................................................................HB 139 Tobacco products; prohibit sales to minors....................................................................HB 142 Torts; civil process; malicious abuse................................................................................HB 745 Torts; injury resulting from criminal act on public property; prohibit action..................................................................................................SB 68 Trafficking in marijuana; weight provisions...................................................................HB 922 Victims of crimes; expressing declared rights..................................................................HR 75 Video movies; display of official rating...........................................................................HB 198 Weapons prohibitions; magistrates; certain exemption................................................HB 343 Weapons used in crime; retention....................................................................................HB 818 Youth and Violence Study Committee; create.................................................................HR 22
CRIMINAL PROCEDURE Aggravated child molestation; bail requirements..........................................................HB 714 Appeal and pretrial review; death penalty; procedures.................................................SB 100 Appeals; probate courts; powers.......................................................................................HB 264 Arraignment date; notification .........................................................................................HB 117 Bail bonds; release of surety from liability; certain conditions.....................................HB 35 Bail jumping offense; redefine..........................................................................................HB 768 Bail or recognizance; amend certain provisions.............................................................HB 776 Bonds and recognizances; forfeiture................................................................................HB 915 Bonds; pledge of property; spouse's consent..................................................................HB 470 Certain scientific reports; admissible evidence...............................................................SB 169 Courts; continuances; certain registered agents...........................................................HB 1161 Crimes; age limit; offender tried as adult.......................................................................HB 640 Crime Victims Compensation Fund; fees on bonds......................................................HB 861 Crime victims compensation; funding - CA ...................................................................HR 281 Criminal prosecutions; limitations; certain offenders.....................................................HB 33 Criminal records; purged from original agency...............................................................SB 373

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INDEX

2687

CRIMINAL PROCEDURE (Continued) Death penalty; murder committed during drug trafficking.........................................HB 249 Death penalty; televise executions.....................................................................................HB 89 Family violence; amend provisions..................................................................................HB 871 Felony conviction; persons under 18 serving sentence ..................................................SB 301 Habeas corpus; death sentence challenge; transfer..........................................................SB 99 Jails; prisoners pay certain fees; room and board.........................................................HB 848 Juvenile proceedings; definition of child ........................................................................HB 870 Magistrate courts; extradition; jurisdiction.....................................................................SB 201 Persons under 18; prohibitions.........................................................................................HB 777 Scientific evidence; GBI report..........................................................................................HB 47 Securities laws; applicability.............................................................................................HB 663 Sexual offenses; AIDS testing; requirement.................................................................HB 1047 Sheriffs' Retirement; increase allocation from certain fines........................................HB 719 Two indictments for same offense...................................................................................HB 653 Victims of crime; Workers' Compensation; assistance program..................................HB 791 Weapons used in crime; retention....................................................................................HB 818
CRISP COUNTY Crisp County-Cordele Industrial Development Authority; extend - CA.....................HB 13 Crisp County, Cordele, City of; merge school district; extend - CA...........................HB 134
CROCKER, J.C.;commend................................................................................................HR 390
CROMARTIE, JOHN L., JR.; commend.......................................................................HR 425
CULBERN, JOANN; commend .......................................................................................HR 357
CULLODEN, CITY OF; city council; election ..............................................................HB 872
CUMBERLAND SERVICE UNIT OF THE NORTHWEST GEORGIA GIRL SCOUT COUNCIL; commend...................................................HR 405
GUMMING, CITY OF; water service area boundaries...............................................HB 1090
CUTHBERT, CITY OF; certain real property..............................................................HB 260

D
D. L. LEE MEATS; commend owners and employees..................................................HR 528
DALLAS, CITY OF Corporate limits..................................................................................................................HB 353 Mayor; term of office.........................................................................................................HB 352 Parking Authority; create..................................................................................................HB 788
DALTON, CITY OF; homestead exemption; elderly and disabled; extend - CA.................................................................................................HB 683
DAMAGE TO PROPERTY Criminal trespass or damage to property; negligence ...................................................HB 120 Criminal trespass; spouse's intentional damage to property .....................................HB 1178 Damage by deer to property; authorization to kill........................................................HB 391 Damage by deer to property; authorization to kill........................................................HB 392 Property Damage by Deer Study Committee; create ...................................................HR 124
DANIEL, ANN PARHAM; commend............................................................................HR 258
DANIEL, HONORABLE ROBERT C. JR.; commend.............................................HR 366
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2688

INDEX

DAUGHERTY, HONORABLE J. C.; in tribute .........................................................HR 177
DAVID, JIMMY DONALD; commend .........................................................................HR 113
DAVIS, JAMES (JIM) HARMON; condolences ........................................................HR 327
DAWKINS, JAMES; commend........................................................................................HR 207
DAY CARE Day-care centers; licensure; certain exemption..............................................................HB 608 Day-care centers; records checks of employees..............................................................HB 742 Day-care centers; regulations ...............................................................................................SB 96 House After School Care Program Study Committee; create .......................................HR 14
DAY, HARLIN A.; commend............................................................................................HR 312
DE VEGTER, MICHAEL S.; recognize .........................................................................HR 485
DEAN, BARNEY CECIL; condolences..........................................................................HR 479
DEARING, TOWN OF; mayor and council; four-year terms ......................................HB 317
DEATH PENALTY Appeal and pretrial review; procedures ...........................................................................SB 100 Habeas corpus; death sentence challenge; transfer ..........................................................SB 99 Murder committed during drug trafficking....................................................................HB 249 Persons under 18; prohibitions.........................................................................................HB 777 Televise executions ...............................................................................................................HB 89
DEBTOR AND CREDITOR Credit Card and Credit Card Bank Act; enact...............................................................SB 254 Credit cards; finance charge..............................................................................................HB 145 Credit repair services organizations; penalty for fraud ................................................HB 678 Garnishment; hourly or weekly wages; continuing proceedings...................................SB 247 Industrial loans; license applicant; advertisement.........................................................HB 379 Life insurance; debtor coverage; maximum ....................................................................HB 553 Retail Installment and Home Solicitation Sales; revolving accounts .........................HB 146 Retail sales; revolving accounts; interest paid to buyer .............................................HB 1131
DECATUR, CITY OF Board of education; change terms....................................................................--......HB 814 Commissioners; election..........................................................................................--........HB 969 Corporate limits ..................................................................................................................HB 373 Revenue bonds; parking; extend - CA.............................................................................HB 370
DECATUR COUNTY Board of education; compensation...................................................................................HB 122 State court; judge and solicitor; compensation ..............................................................HB 123
DEKALB COUNTY Ad valorem tax exemption; extend - CA ........................................................................HB 651 Airport Authority; repeal act creating.............................................................................HB 667 Board of commissioners; delete certain provisions......................................................HB 1042 Board of education; compensation.................................................................................HB 1054 Board of education; compensation; repeal Act ............................................................HB 1032 Commission and chief executive; compensate..............................................................HB 1043 Community Relations Commission; commend...............................................................HR 499 DeKalb and Fulton Counties; zoning procedures; amend............................................HB 910 Flat Shoals Parkway; designation ....................................................................................HR 188 Fulton, Floyd, and DeKalb Counties; board of education; payment of outstanding loans; extend - CA ...........................................HB 237 Governmental powers; extend - CA..................................................................................SB 165

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INDEX

2689

DEKALB COUNTY (Continued) Government Study Commission; create..........................................................................HR 109 Judge of probate court; superior court clerk; compensation .....................................HB 1068 Pension board; change membership ................................................................................HB 990 State court; add judge........................................................................................................HB 774 State court; assistant solicitor; appointment................................................................HB 1078 Tax commissioner; salary................................................................................................HB 1069 Zoning proposal review......................................................................................................HB 571
DELOACH, FRANK WINSLOW; condolences...........................................................HR 427
DENTISTS AND DENTAL HYGIENISTS Dentistry; define practice..................................................................................................HB 125 Dentistry; define practice..................................................................................................HB 685 Dentures; certain markings..................................................................................................SB 98
DEPARTMENT OF INDUSTRY AND TRADE; lease airport property for private development....................................................................................HB 455
DEVELOPMENT AUTHORITIES Community Affairs; rural economic development plan................................................HB 148 Dispose of property at fair-market value........................................................................HB 953 Rural Economic Development Law; enact.......................................................................SB 191
DIABETES AWARENESS MONTH Proclaim November...............................................................................................................SR 71 Recognize November ..........................................................................................................HR 181
DICKENS, ROBERT LELORUAL AND LAFAYE TANNER; commend on 50th wedding anniversary............................................................................................HR 421
DICKSON, EDITH AND POPE; congratulate............................................................HR 438
DIETITIANS AND DIETETIC COUNSELORS; definitions .................................HB 38
DIPRIMA, ROMEO JOSEPH; condolences.................................................................HR 396
DISABLED PERSONS (See Handicapped Persons)
DISTRICT ATTORNEYS District attorneys emeritus; certain salary changes ....................................................HB 1155 District attorneys' investigators; appointment.................................................................HB 27 Employees' Retirement; judges and district attorneys' secretaries; credit............................................................................................................HB 375 Employees' Retirement; superior court judges and district attorneys' secretaries; creditable service .....................................................................HB 993 Investigators; membership in Employees' Retirement System.....................................HB 24 Retirement; court officials; new system..........................................................................HB 703 Retirement; required years for vesting............................................................................HB 565 Trial Judges and Solicitors Retirement; average compensation .................................HB 481
DOBBS, HONORABLE DENNY; congratulate............................................................HR 79
DODGE COUNTY; magistrate court; chief magistrate; amend provisions ................SB 353
DOERUN, CITY OF; bond issuance without referendum; extend - CA ...................HB 760
DOGS Animal Protection Act; amend provisions ....................................................................HB 1150 Animal Protection Act; certain shelters; euthanasia...................................................HB 1029 Animals; fees for impounding...........................................................................................HB 826 Failure to keep under control; misdemeanor....................................................................SB 42

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2690

INDEX

DOLE, HONORABLE ROBERT; commend................................................................HR 411
DOMESTIC RELATIONS Abortions and pregnancy counseling; informational booklets .....................................HB 694 Adoption; certain affidavit; waive requirement.............................................................HB 235 Adoption; certain affidavit; waive requirement................................................................SB 43 Adoption; provide information regarding birth parents..................................................SB 63 Alimony and child support; amend provisions...............................................................HB 702 Alimony and child support; dependent child; definition............................................HB 1174 Alimony and child support; enforcement and collection..............................................HB 302 Alimony and support; withholding from wages.............................................................HB 860 Child abuse; protocol for county agencies......................................................................HB 913 Child abuse; reporting requirements...............................................................................HB 415 Child custody; removal of child from state; requirements.........................................HB 1177 Child custody; visitation rights; residency requirements .............................................HB 964 Child support; availability of information to Human Resources ................................HB 625 Children's Trust Fund Commission; establish................................................................SB 159 Common law marriage; validity........................................................................................HB 952 Criminal trespass; spouse's intentional damage to property .....................................HB 1178 Divorce; waive evidentiary hearing; certain cases..........................................................HB 234 Evidence; husband and wife; witnesses..............................................................................SB 34 Homicide of a child; award of judgment.........................................................................HB 203 Interference with custody; violation of visitation rights...............................................HB 141 Joint Adoption Study Committee; create........................................................................SR 109 Marriage license; additional fee......................................................................................HB 1154 Marriage license; AIDS testing; requirements ...............................................................HB 604 Marriage license; issuance in any county.........................................................................SB 287 Torts; wrongful death of parent; action by child ...........................................................SB 259
DOOLY COUNTY; Industrial Development Authority; extend - CA.........................SB 181
DOORKEEPERS OF HOUSE OF REPRESENTATIVES; commend................HR 535
DOUGHERTY COUNTY Albany-Dougherty County; financing sewage system; extend CA............................HB 1067 Albany-Dougherty County; school district; merger; extend - CA.............................HB 1059 Albany-Dougherty County; sewage system; extend - CA...........................................HB 1066 Board of commissioners and chairman; compensation...............................................HB 1061 Board of education; election ...........................................................................................HB 1063 Board of tax assessors; merge and consolidate; extend - CA.....................................HB 1062 Collection of garbage; certain areas; extend - CA .......................................................HB 1060 State court; costs and fees...............................................................................................HB 1064
DOUGLAS, CITY OF; Douglas-Coffee County Industrial Authority; extend - CA ...................................................................................HB 156
DOUGLAS COUNTY Board of education; election; extend - CA......................................................................HB 592 Civil service system and retirement system; extend - CA............................................HB 594 Douglasville-Douglas County Stadium Authority; creating; extend - CA..................HB 591 Douglasville-Douglas County Water and Sewer Authority; members.........................SB 391 Governing authority; powers; extend - CA.....................................................................HB 593 Issuance of bonds for roads; extend - CA.......................................................................HB 597 Recall; certain officials; extend - CA...............................................................................HB 596 Special districts; bonds......................................................................................................HB 595
DOUGLAS JUDICIAL CIRCUIT; terms.......................................................................SB 59
DOUGLASVILLE, CITY OF Douglasville-Douglas County Stadium Authority; creating; extend - CA..................HB 591 Douglasville-Douglas County Water and Sewer Authority; members.........................SB 391

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INDEX

2691

DRIVER'S LICENSE Alcohol and drug safety course; requirement...............................................................HB 1133 Driver improvement clinics; alcohol and drug courses; fees...........................................SB 45 Driving under the influence; chemical tests; amend provisions..................................HB 793 Driving under the influence; convictions; parallel federal laws .....................................SB 77 Driving under the influence; refusal to submit to chemical test; report......................SB 92 Driving under the influence; revocation; reinstatement requirements.........................HB 50 False identification documents; unlawful to possess, manufacture, sell, or distribute ......................................................................................HB 14 Habitual violators; amend provision................................................................................HB 266 License examiners; deputy registrars...............................................................................HB 551 Local law enforcement; driving records; dissemination................................................HB 405 Military; personal identification cards; issuance ...........................................................HB 680 Minimum age after certain convictions.........................................................................HB 1166 Persons attempting to elude police; penalty...................................................................SB 150 Suspension or revocation; failure to pay certain fine .................................................HB 1023 Traffic violations; fees for transmitting reports .............................................................SB 173 Written exam; date requirement.......................................................................................SB 117
DRIVING UNDER THE INFLUENCE Chemical tests; amend provisions....................................................................................HB 793 Consumption while driving...............................................................................................HB 635 Consumption while driving...............................................................................................HB 674 Convictions; parallel federal laws........................................................................................SB 77 Driver improvement clinics; alcohol and drug courses; fees...........................................SB 45 Driver's license; minimum age after certain convictions............................................HB 1166 Driver's license reinstatement; requirements...................................................................HB 50 Fines; prohibit installment payments..............................................................................HB 675 Persons attempting to elude police; penalty...................................................................SB 150 Refusal to submit to chemical test; report ........................................................................SB 92 Serious injury by vehicle; penalty....................................................................................HB 796 Standards for chemical tests..............................................................................................SB 317 Violations in other jurisdictions.........................................................................................HB 37
DRUGS AND DRUG DEPENDENCY AND ABUSE Adolescent Urine Drug Screen Program; commend......................................................HR 247 Alcohol and drug abuse; allocate money for treatment programs - CA......................HR 13 Alcohol and drug safety course; license requirement..................................................HB 1133 Alcoholism or drug abuse; additional penalties; procedure ...........................................HB 62 Cocaine and crack; trafficking; penalty............................................................................SB 209 Controlled substance or marijuana abuse by child; reports..........................................SB 121 Controlled substances and dangerous drugs; amend list..............................................HB 968 Controlled substances; distribution to minors; penalty..................................................HB 96 Controlled substances; distribution to minors; penalty................................................HB 103 Controlled substances; duplicate prescription................................................................HB 998 Controlled substances; forfeited property; use of funds.................................................HB 74 Controlled substances; forfeited property; use of proceeds.........................................HB 250 Controlled substances; manufacture; amend provisions................................................SB 109 Controlled substances or marijuana; unlawful act ........................................................HB 251 Controlled substances; revise list.....................................................................................HB 169 Controlled substances; seizure; utilization of proceeds.................................................HB 244 Controlled substances; trafficking and possession; amend provisions........................HB 767 Controlled substances; trafficking; penalty ....................................................................HB 248 Controlled substances; violations; pardon and parole prohibitions - CA ..................HR 321 Death penalty; murder committed during drug trafficking.........................................HB 249 Driver improvement clinics; alcohol and drug courses; fees...........................................SB 45 Driver's license; minimum age after certain convictions............................................HB 1166 Driving under the influence; chemical tests; amend provisions..................................HB 793

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2692

INDEX

DRUGS AND DRUG DEPENDENCY AND ABUSE (Continued) Driving under the influence; convictions; parallel federal laws .....................................SB 77 Driving under the influence; refusal to submit to chemical test; report ......................SB 92 Driving under the influence; serious injury by vehicle; penalty..................................HB 796 Driving under the influence; standards for chemical tests ...........................................SB 317 Driving under the influence; violations in other jurisdictions.......................................HB 37 Drugs; sales of complimentary samples; prohibitions....................................................SB 285 Mentally ill, alcoholic or drug dependent person; outpatient treatment......................SB 24 Mentally ill persons; release of certain information; immunity..................................HB 152 Optometrists; certain treatment; authorization.............................................................HB 517 Prescription drugs; generic substitution; requirements.................................................SB 289 Prisoners; drugs, alcoholic beverages or weapons; unlawful possessions.....................HB 17 Schools; certain courses; requirements............................................................................HB 472 Special Study Committee on the Problems of Homeless in Georgia; create .............SR 184 State Board of Pharmacy; increase fines........................................................................HB 221 Trafficking in marijuana; weight provisions...................................................................HB 922 Workers' compensation; injured while under influence of drugs..............................HB 1175
DUBLIN, CITY OF Corporate limits..................................................................................................................HB 349 City of Dublin-Laurens County Development Authority; extend - CA.....................HB 989 Downtown Dublin Development Authority; extend - CA............................................HB 986
DUDLEY, TOWN OF; levy tax to promote industries; extend - CA.........................HB 985
DUKES, OFFICER MATT; commend...........................................................................HR 172
DULUTH, CITY OF; new charter...................................................................................HB 732
DUTTON, MANDELL C.; condolences ...........................................................................HR 36
DUVALL, VINCENT "ZIPPY"; commend ..................................................................HR 144

E
EAVESDROPPING; telephone conversation; taping prohibitions .............................HB 550
ECHOLS COUNTY Development Authority; extend - CA............................................................................HB 1012 Judge of probate court and county court; compensation; extend - CA...................HB 1013
ECHOLS COUNTY FFA FORESTRY TEAM; commend......................................HR 523
ECKLES, CHRISTOPHER MICHAEL; commend...................................................HR 296
ECONOMY Community Affairs; rural economic development plan................................................HB 148 Economic Development Council; membership.................................................................HB 20 Economic Development through Historic Preservation Committee............................SR 126 Governor's Commission on Growth Strategy; create ......................................................HR 77 Joint Government Competition with Private Enterprise Committee; create ..............SR 79 Land Information System Joint Study Committee; create.............................................SR 92 Rural Economic Development Law; enact.......................................................................SB 191 Rural Economic Development Study Committee; create.............................................HR 329
EDUCATION Administrative Expenses of Education Study Committee; create..............................HR 370 Age for enrollment................................................................................................................HB 39
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INDEX

2693

EDUCATION (Continued) Board of Regents; laboratory and research facilities; authorization to lease......................................................................................................SB 267 Boards of education; single member district - CA..........................................................HR 97 Campus policemen; certification and training costs; requirement..............................HB 329 College Tuition Prepayment Plan Study Committee; create......................................HR 178 County boards of education; members' per diem........................................................HB 1024 Criminal trespass; definition...........................................................................................HB 1057 Education, State Board; relative to.................................................................................HR 192 Educational Reinvestment Act for Aid to Families with Dependent Children; enact ............................................................................................SB 232 Georgia Education Trust; create......................................................................................HB 315 Governor's Task Force on Adult Literacy; create ...........................................................HR 64 Health improvement program ..........................................................................................HB 794 Health insurance; retired public school employees and community college employees ...............................................................................HB 247 House after School Care Program Study Committee; create ........................................HR 14 House Study Committee on School Completion; create...............................................HR 283 Immunization of students; waiver period .........................................................................HB 12 Income tax; tuition payments; exemption ......................................................................HB 147 Joint Educational Assessment Study Committee; create.............................................HR 219 Joint Study Committee on Residential High Schools for the Arts; create ..................SR 70 Local boards of education and county and municipal governing authorities; membership; election ..............................................................HB 345 Local school systems; provide other sources of revenue - CA.......................................HR 12 Local school systems; taxation; other sources of revenue - CA.....................................HR 81 Long-term care facilities; vocational training.................................................................HR 341 Military scholarship; eligibility requirements ................................................................HB 174 Need for Family Life Instruction in Public School Study Committee; create...............................................................................................HR 367 North Georgia College military scholarships; selection ................................................HB 401 North Georgia College military scholarships; selection................................................HB 450 Paraprofessional Teacher Assistants and Education Secretaries; create committee .......................................................................................HR 306 Postsecondary Education Authorization; certain exemptions .....................................HB 815 Postsecondary Vocational Education; nursing home assistant programs ................HB 1003 Postsecondary vocational-technical schools; employee benefits ..................................HB 267 Private Colleges and Universities Authority; membership; compensation................HB 307 Private Colleges and Universities Authority; proceeds of bonds; finance student loans..........................................................................................SB 371 Proprietary schools; certificates of authorization ..........................................................HB 905 Public records; certain trade secrets and proprietary information; applicability ..............................................................................................HB 804 Public school employees health insurance; coverage for certain retired persons ....................................................................................................SB 316 Public school employees health insurance; payment by local school systems .................................................................................................................HB 982 Quality Basic Education; amend.......................................................................................SB 179 Quality Basic Education; fair share funds....................................................................HB 1152 Retirement; certain personnel of Education Department..........................................HB 1071 Sales tax; increase 2% statewide; education - CA.........................................................HR 416
School buses; lights; requirement........................................................................................SB 90
School buses; recreational activities; authorization.....................................................HB 1011
School Dropout Demonstration Assistance Act of 1987; urge congressional support............................................................................................HR 304
School superintendents; appointment .............................................................................HB 737
School superintendents; appointment by board - CA ..................................................HR 227

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2694

INDEX

EDUCATION (Continued) School year; increase number of days.............................................................................HB 262 School year; opening and closing day..............................................................................HB 951 Schools; capital outlay needs; population growth..........................................................HB 346 Schools; certain courses; requirements............................................................................HB 472 Schools; review of textbooks.............................................................................................HB 494 Schools; sex education course; requirement.....................................................................HB 97 Special 1 % sales tax; educational purposes ...................................................................HB 424 Special sales and use tax; educational purposes; referendum - CA..............................HR 84 Student loans and scholarships; amend certain provisions..........................................HB 807 Student loans; residency requirement; amend...............................................................HB 809 Teachers and school personnel; certain salary deductions; employee benefit.............................................................................................................HB 638 Teachers and school personnel; certain surviving spouses; health insurance..............................................................................................HB 757 Teachers; contracts; ten day review period.....................................................................SB 231 Teachers life certificates; continuing education courses...............................................HB 543 Teachers; sick leave; credit...............................................................................................HB 423 Transportation costs; distance requirements .................................................................HB 981 University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee; create............HR 90 Vocational training; long-term care personnel...............................................................HB 687
EDWARDS, DR. M. DELMAR; commend...................................................................HR 464
EDWARDS, FRANK; commend ......................................................................................HR 135
EDWARDS, PRESTON B., JR.; honoring....................................................................HR 392
EFFINGHAM COUNTY Board of education; reconstitute......................................................................................HB 888 State court; judge; salary...................................................................................................HB 548 State court; solicitor; salary..............................................................................................HB 549
ELDERLY Aggravated assault against elderly; penalty.....................................................................HB 98 Aggravated battery against elderly; penalty...................................................................HB 102 Assault against elderly; mandatory penalty .....................................................................HB 95 Cosmetology services; location other than beauty salon ..............................................HB 269 Death certificates; physician's assistant; signature ........................................................SB 260 Elderly Volunteer Service Credit Study Committee; create..........................................HR 47 Fishing licenses; Florida residents; certain exemption .................................................HB 451 Homestead exemption; income qualification..................................................................HB 778 Living wills; revocation........................................................................................................HB 18 Nursing homes and intermediate care facilities; penalties for violations...................................................................................................HB 665 Simple assault and battery against elderly; penalty.....................................................HB 100 Simple battery against elderly; penalty ............................................................................HB 99 Social Security Acts; certain legislation; urge Congress.................................................HR 76
ELECTIONS Absentee voting; definitions..............................................................................................HB 421 Assistance to elector; poll officer shall be present........................................................HB 830 Campaign contribution disclosure report; filing; certain exemption.............................SB 26 Campaign contributions; certain candidates; prohibitions...........................................HB 140 Campaign contributions; disposition of excess contributions......................................HB 115 Campaign contributions; transfer to other candidates; amend provisions ................HB 650 Candidates; death or resignation of party nominee......................................................HB 165 Candidates; pauper's affidavit; filing requirements ......................................................HB 654

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INDEX

2695

ELECTIONS (Continued) Candidates; plurality of votes.............................................................................................HB 85 Certain public officials; plurality of votes cast; election - CA.......................................HR 27 Code corrections and revisions...........................................................................................HB 26 Contested cases; superintendents named defendants...................................................HB 465 Electors; certified list; delete filing requirement ...........................................................HB 190 Ethics provisions; editorial changes in code...................................................................HB 187 Governing authority; election when all seats vacant.....................................................HB 184 License examiners; deputy registrars...............................................................................HB 551 Municipal elections; uniform date ...................................................................................HB 202 Qualifying fees; transmission............................................................................................HB 185 Recall elections; amend provisions relating to contributions.......................................SB 156 Recall elections; amend provisions relating to contributions ......................................HB 186 Recall of public officials; number of applications ............................................................SB 27 State Election Board; elect Honorable Benson Ham....................................................HR 284 State Election Board; election of Honorable Benson Ham......................................Page 1027 Unopposed candidates.......................................................................................................HB 626 Write-in candidates; prohibitions .......................................................................................SB 13 Write-in candidates; compliance with certain provisions................................................SB 71 Zoning; certain campaign contributions; disclosure......................................................HB 113
ELECTRICAL SERVICE Ad valorem tax; public utility company; return............................................................HB 610 Property of electric utilities; state ad valorem tax........................................................HB 696 Property; state ad valorem tax - CA...............................................................................HR 221 Public Service Commission; operating costs; fee...........................................................HB 443 Public Utilities; rate increase; filing................................................................................HB 427 Resource Recovery Development Authorities; sales of energy .....................................SB 336 Sales tax; exempt food and certain services.....................................................................HB 91 State ad valorem tax; distribution - CA.........................................................................HR 167
ELEVATORS AND ESCALATORS; amend provisions............................................HB 840
ELLARD, HONORABLE GLENN W. "JACK"; commend.....................................HR 516
ELLIJAY, CITY OF; Ellijay-Gilmer County Water and Sewerage Authority; create..............................................................................................HB 1080
EMANUEL COUNTY; board of elections; provide......................................................HB 858
EMERGENCIES AND EMERGENCY SERVICES Ambulance service; medical technician; requirement...................................................HB 177 Day-care centers; regulations...............................................................................................SB 96 Emergency management; local organizations; repeal state grants ..............................HB 404 Emergency medical services; amend provisions..............................................................SB 315 Emergency medical services systems; support from certain funds ...........................HB 1009 Emergency medical services systems; support from certain funds - CA ...................HR 323 Emergency Telephone No. 911 Service; fees..................................................................HB 218 Indemnification; emergency medical technicians ............................................................HB 10 Indemnification; emergency medical technicians ..........................................................HB 240
EMINENT DOMAIN Coal pipeline companies; authorization.........................................................................HB 1115 Condemnor; payment of expenses....................................................................................HB 436 Highways; property acquisition; future purposes...........................................................SB 118
EMPLOYEES RETIREMENT SYSTEM (See Retirement and Pensions or State Employees)
EMISSIONS, MOTOR VEHICLES; inspection fees..................................................HB 380

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2696

INDEX

EMPLOYMENT Counties; employment benefits; provide..........................................................................SB 102 Employers; fire hazards in workplace; notify firefighters .............................................SB 137 Employment Security Administration Account; urge Congress to release funds ..............................................................................................HR 239 Employment Security; amend provisions..........................................................................HB 11 Employment Security; maximum weekly benefit.............................................................SB 75 Employment Security; part-time and temporary employees; eligibility ....................HB 555 Garnishment; hourly or weekly wages; continuing proceedings ...................................SB 247 Georgia Youth Conservation Corps; establish..................................................................HB 82 Group life insurance policies; delete certain requirements...........................................SB 361 State employees; injured in line of duty; compensation .................................................SB 28 Torts; independent contractor; employer's liability .......................................................SB 207 Transportation Department; employee injured in line of duty; compensation.....................................................................................................SB 160 Workers' compensation; benefits; residency requirements...........................................HB 414 Workers' compensation; indemnity, medical, and rehabilitation expenses; reimbursement...............................................................................................SB 312 Workers' compensation; injured employee; job refusal ................................................HB 556 Workers' compensation; persons delivering newspapers; exclude..................................SB 40 Workers' compensation; retaliatory dismissal ..............................................................HB 1056 Workers' compensation; witness at hearing; prohibit discharge .................................HB 413
ENERGY Comprehensive Energy Resources Policy Committee...................................................HR 412 Conversion of Waste to Energy; Joint Committee........................................................HR 189 Eminent domain; coal pipeline companies; authorization..........................................HB 1115 Joint Comprehensive Energy Resources Policy Committee; create..............................HR 98 Resource Recovery Development Authorities; sales of energy .....................................SB 336 Sales tax; biomass; exemption ..........................................................................................HB 575
ENVIRONMENTAL PROTECTION (See Conservation and Natural Resources or Hazardous Substances)
EQUAL RIGHTS Commission of Inquiry; create..........................................................................................HB 519 Housing; revise discrimination provisions.......................................................................HB 430
ESTATES Administration by alien; authorization .............................................................................HB 55 Administrators and executors; amend provisions..........................................................HB 668 Administrators and executors; posting bond..................................................................HB 670 Common law marriage; validity........................................................................................HB 952 Executory trust; amend provisions ................................................................................HB 1151 Income tax; revise code........................................................................................................HB 87 Inventories and returns; filing requirements..................................................................HB 598 Nonresident executors; bond requirements ....................................................................HB 599 Wills; property; spouse receive maximum marital deduction.......................................SB 255 Year's support; amend provisions ....................................................................................HB 729
ETON, CITY OF; new charter...........................................................................................HB 902
EVANS COUNTY; board of education; election ............................................................SB 303
EVANS, HONORABLE RANDALL, JR.; place portrait in state capitol .............HR 249
EVIDENCE Arson investigator; witness fees.........................................................................................SB 264 Certain scientific reports; admissibility ...........................................................................SB 169 Criminal procedure; GBI report.........................................................................................HB 47

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INDEX

2697

EVIDENCE (Continued) General Assembly committees; subpoena witnesses........................................................HB 40 Husband and wife; witnesses...............................................................................................SB 34 Law of Evidence; relative to study by State Bar ..........................................................HR 194 Library records; confidentiality........................................................................................HB 297 Offense against minor; spouse's testimony.....................................................................HB 181 State patrol officer; witness fees......................................................................................HB 659 Witnesses; law enforcement officers; fees.......................................................................HB 127
EXAMINING BOARDS (See Licenses or Professions and Businesses)
EXCISE TAX Beer and wine......................................................................................................................HB 758 Hotel-motel tax increase; use of proceeds......................................................................HB 563 Malt beverages and wine; alcohol content; exemption .................................................HB 180 Motor fuel; county excise tax; imposition.......................................................................HB 518
EXECUTIONS AND JUDICIAL SALES; discovery measures...............................SB 227
EXTRADITION; magistrate courts; jurisdiction ............................................................SB 201

FABE, DOUO "FABE"; commend...................................................................................HR 536
FAIRCLOTH, AMY; commend ........................................................................................HR 161
FAMILY (Also, see Domestic Relations) Aid to Families with Dependent Children; certain adopted children...........................SB 19 Disposition of unclaimed property; certain exceptions...................................................HB 69 Educational Reinvestment Act for Aid to Families with Dependent Children; enact ...................................................................................SB 232 Family violence; amend provisions..................................................................................HB 871 Need for Family Life Instruction in Public School Study Committee; create...........................................................................................................HR 367 Professional counselors; licensure; examination requirements....................................HB 600 Professional Counselors, Social Workers, and Marriage and Family Therapists; privileged communications..................................................HB 393 Public assistance benefits; disregarded income .............................................................HB 882 Schools; certain courses; requirements............................................................................HB 472 Social worker; license requirements.................................................................................HB 433
FANNIN COUNTY Board of commissioners; election; term...........................................................................SB 333 Board of education; superintendent; election .................................................................SB 356 Georgia Forestry Commission; transfer certain property...............................................HR 60
FARM BUREAU DAY; recognize...................................................................................HR 174
FARMS AND FARM PRODUCTS Ad valorem tax; agricultural property; certain breach of covenant............................HB 327 Ad valorem tax; agricultural property; conveyance.......................................................HB 948 Ad valorem tax; preferential assessment; date of application......................................SB 211 Certified Farm Market Program; recognize....................................................................HR 288 Crop damage by deer; payment of claims.......................................................................HB 564 Damage by deer to property; authorization to kill........................................................HB 391 Damage by deer to property; authorization to kill........................................................HB 392
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2698

INDEX

FARMS AND FARM PRODUCTS (Continued) Groundwaters; permits for farm use................................................................................HB 137 Sales tax exemption; certain sales....................................................................................HB 374
FAYETTE COUNTY Board of commissioners; chairman; compensation........................................................HB 781 Board of education; election; extend CA........................................................................HB 864 Judge of probate court; compensation............................................................................HB 783 Magistrate court; election..................................................................................................HB 780 Motor vehicle registration..................................................................................................SB 314 Sheriff; compensation.........................................................................................................HB 782 Superior court; clerk; compensation................................................................................HB 779 Tax commissioner; compensation.....................................................................................HB 784 Water Authority; create......................................................................................................SB 369
FEDERAL GOVERNMENT Balanced budget; urge amendment to United States Constitution............................HR 419 Balanced budget; urge United States Constitutional Convention..............................HR 169 Clean Water Act; reauthorize; urge Congress..................................................................HR 69 Congress; members' compensation; ratify amendment to United States Constitution ......................................................................................HR 282 Employment Security Administration Account; urge Congress to release funds..............................................................................................HR 239 Income tax exemption; military or federal government retirement...........................HB 299 Legislation for women; urge passage by Congress.........................................................HR 339 Motor fuel tax; refunds......................................................................................................HB 420 Property; certain liens; filing requirements....................................................................HB 713 Republican National Convention 1988; relative to..........................................................HR 52 School Dropout Demonstration Assistance Act of 1987; urge congressional support............................................................................................HR 304 Social Security Acts; certain legislation; urge Congress .................................................HR 76 Tax; certain income of states; urge amendment to United States Constitution ......................................................................................HR 300
FEIGHNER, HONORABLE J. W.; commend ...............................................................HR 72
FERGUSON, LUCY RICKETSON; recognize............................................................HR 537
FFA AND STATE OFFICERS; commend....................................................................HR 320
FIDUCIARIES; trust companies; awaiting investment or distribution of funds....................................................................................................HB 1162
FIFTEENTH ANNUAL FIREMAN'S RECOGNITION DAY Commending firefighters...................................................................................................HR 112
FINANCIAL INSTITUTIONS Amend provisions................................................................................................................SB 220 Bad checks; amend certain immunity provision............................................................HB 634 Bad checks; double damages..............................................................................................SB 256 Bad checks; magistrate courts; jurisdiction......................................................................HB 76 Bad checks; present consideration; additional definitions...........................................HB 649 Banking and Finance, Department of; required notice................................................HB 283 Banks; amend code provisions.........................................:................................................HB 233 Business development corporations; loans......................................................................HB 720 Credit Card and Credit Card Bank Act; enact...............................................................SB 254 Credit cards; finance charge..............................................................................................HB 145 Interest and usury; post-judgment application ..............................................................HB 241 Interstate banking; include Maryland and District of Columbia.................................SB 216 Investment of state funds; South African institutions...................................................HB 84

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INDEX

2699

FINANCIAL INSTITUTIONS (Continued) Investment of state funds; South African institutions .................................................HB 336 Mortgage brokers; licensing...............................................................................................HB 979 Mortgages; escrow accounts; interest...............................................................................HB 331 Mortgages; insurance premiums and taxes; timely payment.......................................HB 980 Production of documents; reimbursement.........................................................................SB 80 Retail sales; revolving accounts; interest paid to buyer .............................................HB 1131 State and local taxation.....................................................................................................HB 642
FINE, S. MARK; compensate..............................................................................................HR 28
FIRE PROTECTION Blasting; interstate natural gas pipelines; certain exemptions ....................................HB 442 Burning of woods, lands or marshes; permit....................................................................HB 34 Employers; fire hazards in workplace; notify firefighters .............................................SB 137 Evidence; arson investigator; witness fees .......................................................................SB 264 False or facsimile bombs; prohibitions............................................................................HB 601 Fire safety inspection warrants; requirements .............................................................HB 1116 Firefighter; training include public safety officer..........................................................HB 686 Firemen's Pension Fund; increase benefits ....................................................................HB 356 Firemen's Pension Fund; membership; eligibility .........................................................HB 355 Firemen's Pension; private companies; eligibility..........................................................HB 504 Fireworks; application for permit.......................................................................................HB 54 Smoke detector requirement; certain buildings.............................................................HB 311 Smoke detectors in lobbies; amend provision ................................................................HB 840 Smoke detectors; requirements...........................................................................................SB 10
FIREARMS Antiterroristic Training Act; enact ..................................................................................HB 916 Discharging within certain areas; penalty.......................................................................HB 752 Loss of license; requirements for new permit ................................................................HB 612 Persons on probation; certain prohibition......................................................................HB 466 Possession during commission of crime ..........................................................................HB 365 Prisoners; unlawful possession............................................................................................HB 17 Prohibit sales of certain toys............................................................................................HB 523 Weapons prohibitions; magistrates; certain exemption................................................HB 343 Weapons used in crime; retention....................................................................................HB 818
FIREWORKS; application for permit ................................................................................HB 54
FIRST BAPTIST CHURCH OF DECATUR; congratulate ....................................HR 314
FIRST BAPTIST CHURCH OF PINE MOUNTAIN; commend on 100th anniversary............................................................HR 235
FISH (Also, see Game and Fish) Commercial fishing violations; bond and penalty.........................................................HB 912 Florida residents; certain license exemption..................................................................HB 451 Game and Fish Title; amend provisions.............................................................................HB 7 Game and fish; certain permits; criteria for issuance .................................................HB 1010 House Artificial Reef Study Committee; create............................................................HR 410 License fees; amend provisions..........................................................................................SB 107 License requirements; waiver................................................................................................HB 6 Non-game fish; taking with bow and arrow.................................................................HB 1139 Nonresident or alien wholesale fish dealer; license fees................................................SB 206
FITZGERALD, BRYAN TODD; compensate..............................................................HR 254
FITZGERALD, CITY OF Fitzgerald and Ben Hill Development Authority; extend - CA ..................................HB 403 Tax levy; extend - CA........................................................................................................HB 400

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2700

INDEX

FLAGS; State flag; change design and description.........................................................HB 883
FLEMING, JIMMY; commend ........................................................................................HR 391
FLOVILLA, CITY OF; Butts County, Flovilla, Jackson, and Jenkinsburg Water and Sewer Authority; membership........................................HB 904
FLOYD COUNTY Board of education; districts: extend - CA.....................................................................HB 389 Clerk of superior court and judge of probate court; compensation..........................HB 1125 Floyd County-City of Rome School Systems; consolidate .........................................HB 1016 Fulton, Floyd, and DeKalb Counties; board of education; payment of outstanding loans; extend - CA...............................................................HB 237 Judge of juvenile court; appointment; extend - CA......................................................HB 390 Obligation bonds; certain schools; extend - CA.............................................................HB 388 Tax commissioner; compensation...................................................................................HB 1124
FOOD Dietitians and dietetic counselors; definitions .................................................................HB 38 Food service establishments; health testing of employees...........................................HB 831 Labeling of beef; amend provisions.................................................................................HB 306 Sales tax; exempt food and certain services.....................................................................HB 91 Sales tax exemption..............................................................................................................HB 42 Sales tax exemption...............................................................................................................HB 90 Torts; donations to charities; liability...............................................................................HB 73
FORECLOSURE Ad valorem tax; agricultural property; certain breach of covenant............................HB 327 Ad valorem tax; agricultural property; conveyance.......................................................HB 948 Amend provisions................................................................................................................SB 366 Cooperative sales process ..................................................................................................HB 646
FOREIGN GOVERNMENTS House Foreign Language Study Committee; create......................................................HR 418 Investment of state funds; South African institutions ...................................................HB 84 Investment of state funds; South African institutions.................................................HB 336 Katzir, Issachar, Consul General of Israel; address House ............................................HR 23 Motor fuel tax; refunds......................................................................................................HB 420
FORESTS AND PLANT RESOURCES Burning of woods, lands or marshes; permit....................................................................HB 34 Forestry Commission; transfer property to Calhoun County ......................................HR 250 Forestry Commission; transfer property to Clinch County...........................................SR 33 Forestry Commission; transfer property to Fannin County ..........................................HR 60 Motor carrier; vehicle transporting forest products ......................................................HB 859
FORSYTH COUNTY Board of registration and elections; provide ................................................................HB 1091 Commission of Inquiry; create..........................................................................................HB 519
FORT GAINES, CITY OF Municipal port and terminal facilities; extend - CA...................................................HB 1145 Tax levy; promoting new industries; extend - CA.......................................................HB 1147
FORT OGLETHORPE, TOWN OF; Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority; extend - CA...........................................................................SB 69
FORT VALLEY, CITY OF; redevelopment powers...................................................HB 1110
FRANCHISES; transfer of dealership .............................................................................HB 263

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INDEX

2701

FRANKLIN COUNTY Advisory board; change meeting date..............................................................................HB 749 Industrial Building Authority; creating; extend - CA...................................................HB 362
FRAUD Credit repair services organizations; penalty for fraud ................................................HB 678 Public assistance; Human Resources; subpoena power ................................................HB 384
FREEMAN, DR. ROBERT; commend ...........................................................................HR 338
FUEL (See Gas, Gasoline and Gas Service)
FULTON COUNTY Atlanta, City of; lease certain property .............................................................................SR 45 Atlanta, City of; urban enterprise zones; create in certain areas.................................SB 319 Board of commissioners; salary ...........................................................................................SB 84 Board of education; election .............................................................................................HB 544 Board of education; retirement system; military credit ...............................................HB 705 Board of health; create .........................................................................................................SB 86 Bond amount; issuance ......................................................................................................HB 607 Community improvement districts; create ......................................................................SB 284 DeKalb and Fulton Counties; zoning procedures; amend............................................HB 910 Fulton, Floyd, and DeKalb Counties; board of education; payment of outstanding loans; extend - CA...............................................................HB 237 Georgia-Florida football game; urge change in site.........................................................HR 30 Homestead exemption; elderly .........................................................................................HB 114 Homestead exemption; elderly or disabled.....................................................................HB 284 Merit system; disciplinary actions .................................................................................HB 1089 Motor vehicle registration .................................................................................................HB 409 North Fulton County Incorporation Study Commission; create...................................HR 83 Public works contracts; bids ................................................................................................SB 81 Purchasing procedure..........................................................................................................SB 204 Retirement fund for employees; create; extend - CA...................................................HB 236 State and magistrate courts; special fund .......................................................................SB 253 Statewide Probation System; former county employees; health insurance ................SB 145 Tax execution and sales; advertisement; requirement................................................HB 1074 Teachers Retirement; membership; certain employees ................................................HB 704 Volunteer legal services; fees ............................................................................................HB 275 Zoning proposal review ......................................................................................................HB 571
FUNERAL DIRECTORS Apprenticeships....................................................................................................................SB 239 Burial places; markers and monuments; requirements.................................................HB 950 Funeral Procession Act; enact ..........................................................................................HB 437

G
GAINESVILLE, CITY OF Homestead exemption........................................................................................................HB 372 Redevelopment Authority; certain bonds; powers; extend - CA.................................HB 546
GAMBLING Lotteries; delete prohibition provision - CA ..................................................................HR 299 Pari-mutuel wagering; local referendum - CA.................................................................HR 45 State lottery; provide .........................................................................................................HB 204 State lottery; provide - CA..................................................................................................HR 54 State Racing Commission; create .......................................................................................HB 60
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2702

INDEX

GAME AND FISH Amend code provisions..........................................................................................................HB 7 Certain permits; criteria for issuance............................................................................HB 1010 Commercial fishing violations; bond and penalty.........................................................HB 912 Conservation ranger; certain retirees; retain weapon and badge................................HB 261 Crop damage by deer; payment of claims.......................................................................HB 564 Damage by deer to property; authorization to kill........................................................HB 391 Damage by deer to property; authorization to kill........................................................HB 392 Firearms; discharging within certain areas; penalty......................................................HB 752 Fishing license requirements; waiver...................................................................................HB 6 Fishing licenses; Florida residents; certain exemption.................................................HB 451 Fishing; taking non-game fish with bow and arrow....................................................HB 1139 House Artificial Reef Study Committee; create ............................................................HR 410 Hunter education course; certification ............................................................................HB 489 Hunting; antlerless or either-sex deer on certain days.................................................HB 655 Hunting deer at night from vehicle or boat; prohibitions............................................HB 637 Hunting; either-sex or antlerless deer; bag limit.........................................................HB 1008 Hunting; stands by person other than landowner; prohibitions.................................HB 771 License fees; amend provisions..........................................................................................SB 107 Natural Resources, Department of; wildlife technicians; reclassify..........................HB 1149 Nonresident or alien wholesale fish dealer; license fees................................................SB 206 Waterfowl Stamp Fund; establish....................................................................................HB 326 Wildlife; trapping foxes .....................................................................................................HB 456
GARNISHMENT Family support....................................................................................................................HB 230 Financial institutions; production of documents; reimbursement.................................SB 80 Hourly or weekly wages; continuing proceedings...........................................................SB 247 Uniform Partnership Act; amend.......................................................................................HB 31
GARRETT MIDDLE SCHOOL; commend..................................................................HR 358
GAS, GASOLINE AND GAS SERVICE Ad valorem tax; public utility company; return............................................................HB 610 Gasoline marketing; retail sales; prohibitions.................................................................SB 177 Handicapped persons; permits; dispense gas at self-service prices ............................HB 385 Handicapped persons; permits; dispense gas at self-service prices............................HB 460 Hazardous materials or oil; certain quantities; report spill.........................................HB 775 Interstate natural gas pipelines; blasting; certain exemptions....................................HB 442 Motor fuel tax; agricultural aircraft; exemption............................................................HB 790 Motor fuel; retail sales; sign requirement.......................................................................HB 438 Municipal Gas Authority of Georgia; create ..................................................................HB 328 Public Service Commission; operating costs; fee...........................................................HB 443 Public Utilities; rate increase; filing................................................................................HB 427 Retail sales; certain stores; requirements for safe operations......................................HB 524
GATEWOOD, DR. T. SCHLEY, DR.; commend ..........................................................HR 67
GENERAL ASSEMBLY Adjourn 1/16/87; reconvene 1/26/87....................................................................................HR 8 Adjourn 2/9/87; reconvene 2/11/87...................................................................................SR 103 Adjourn 2/13/87; reconvene 2/16/87.................................................................................SR 133 Adjourn 2/20/87; reconvene 2/23/87................................................................................HR 307 Adjourn 2/26/87; reconvene 3/2/87 ..................................................................................HR 328 Adjourn 3/6/87; reconvene 3/9/87 ....................................................................................HR 402 Adjourn 3/10/87; reconvene 3/12/87 .................................................................................SR 223 Adjourn sine die; March 12, 1987.....................................................................................SR 240 Adjournment; relative to......................................................................................................SR 98 Amended General Appropriations Act; FY 1986-87......................................................HB 225

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INDEX

2703

GENERAL ASSEMBLY (Continued) Budget Act; define appropriation ..................................................................................HB 1001 Committees; subpoena witnesses........................................................................................HB 40 Courts; continuances; certain registered agents...........................................................HB 1161 General appropriations; FY 1987-88................................................................................HB 226 General Assembly sessions; certain conduct; prohibitions ...........................................HB 126 House messenger and doorkeeper; appointment by Speaker ......................................HB 506 Joint Prefiling of Legislation Study Committee; create.................................................HR 95 Joint Session; address by Governor ...............................................................................Page 112 Joint Session; Governor's message.......................................................................................HR 6 Joint Session; Governor's message; invite Justices and Judges ......................................HR 7 Joint Session; Inauguration of Governor and Lieutenant Governor...........................Page 65 Joint Session; relative to inauguration of Governor and Lieutenant Governor..........................................................................................................HR 5 Legislative Counsel; selection ...........................................................................................HB 378 Legislative Retirement; creditable service......................................................................HB 106 Legislative Retirement; creditable service allowance....................................................HB 242 Legislative Services Committee; audits; amend provisions..........................................HB 387 Lobbyists; certain written authorization..........................................................................SB 345 Members; allowances............................................................................................................HB 49 Members; expenses.............................................................................................................HB 500 Members; mileage rate.......................................................................................................HB 473 Members; term of office - CA................................................................................................SR 7 Notify House of Representatives the Senate has convened.............................................SR 2 Notify the Governor the General Assembly has convened..............................................HR 2 Notify the Senate the House of Representatives has convened......................................HR 1 Practice of law by members..............................................................................................HB 369 Retirement bills; amendment requirements...................................................................HB 354 Revenue bills; originate in either House of General Assembly - CA..............................SR 6 Stanford, Dr. Henry King; address joint session................................................................SR 5 Supplemental appropriations; FY 1986-87.........................................................................HB 2 Supplemental appropriations; FY 1986-87.....................................................................HB 217 Supplemental appropriations; FY 1987-88 .....................................................................HB 216 Supplemental appropriations; vote required - CA........................................................HR 217
GEOLOGISTS; Board of Registration for Professional Geologists; amend provisions............................................................................................HB 383
GEORGIA AIR TRAFFIC CONTROL SPECIALISTS; commend .....................HR 374
GEORGIA AUTOMOBILE DEALERS ASSOCIATION; commend...................HR 440
GEORGIA BUREAU OF INVESTIGATION (GBI) Antiterrorism Information Center; establish..................................................................HB 603 Antiterrorism Task Force; director..................................................................................HB 602 Criminal procedure; certain scientific reports; admissible evidence............................SB 169 Criminal procedure; scientific evidence; GBI report.......................................................HB 47
GEORGIA CITIZENS FOR THE ARTS; commend.................................................HR 141
GEORGIA GOVERNMENT DAY; recognize participants........................................HR 197
GEORGIA NURSES FOUNDATION, INC.; commend...........................................HR 428
GEORGIA SOUTHERN COLLEGE Commend.............................................................................................................................HR 105 Eagles Football Team; commend....................................................................................HR 107 Eagles Football Team; commend.....................................................................................HR 106 Football Team; invite to House..........................................................................................HR 86
GEORGIA STATE PATROL; honoring 50th anniversary .........................................HR 403

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2704

INDEX

GEORGIA STATE UNIVERSITY; commend ............................................................HR 319
GEORGIA TREE FARM SYSTEM; commend.............................................................HR 66
GIBBS, JESSE B.; commend............................................................................................HR 317
GIBSON, DONNIE H.; compensate................................................................................HR 290
GILMER COUNTY Ellijay-Gilmer County Water and Sewerage Authority; create .................................HB 1080 Sheriffs' personnel and deputies; compensation............................................................^!? 296
GINGRICH, HONORABLE NEWT; invite to House ................................................HR 279
GIRL SCOUT GOLD AWARD; commend outstanding young women....................HR 110
GLASCOCK COUNTY Board of commissioners; clerk; compensation..............................................................HB 1141 Board of education; election; extend - CA......................................................................HB 944 Chief deputy sheriff and deputy sheriffs; compensation............................................HB 1142 Industrial Development Authority; create; extend - CA................................/.............HB 945
GLYNN COUNTY Ad valorem tax; elderly and disabled; extend - CA......................................................HB 802 Ad valorem tax; extend - CA............................................................................................HB 513 Alcoholic beverages; certain hours; extend - CA ...........................................................HB 514 Board of commissioners; change expense allowance .....................................................HB 838 Brunswick and Glynn County Development Authority; appoint members.............HB 1107 Brunswick and Glynn County Development Authority; appoint members...............HB 935 Brunswick and Glynn County Development Authority; create; extend - CA...........HB 620 Brunswick-Glynn County; municipal port and terminal facilities; extend - CA ....................................................................................................HB 511 Brunswick-Glynn County; sewage system; extend - CA...............................................HB 510 Homestead exemption; board of education; extend - CA ............................................HB 509 Unincorporated area; levy taxes; extend - CA ...............................................................HB 512
GORDON, SUSAN; commend ..........................................................................................HR 384
GOVERNOR Address Joint Session.......................................................................................................Page 112 Commissioner of Agriculture; appointment....................................................................HB 738 Commissioner of Insurance; appointment ......................................................................HB 735 Commissioner of Labor; appointment.............................................................................HB 736 Communications received................................................................................Pages 27, 28, 1357 Express appreciation..........................................................................................................HR 145 Joint Session; Governor's message.......................................................................................HR 6 Joint Session; Governor's message; invite Justices and Judges ......................................HR 7 Joint Session; Inauguration ...............................................................................................Page 65 Joint Session; relative to inauguration................................................................................HR 5 Notify the Governor the General Assembly has convened ..............................................HR 2
GRAHAM, ERNIE, III; commend...................................................................................HR 137
GRAHAM, ROBERT ELLIOTT; condolences.............................................................HR 332
GRANTS Community Affairs, Department of; grants to counties and municipalities; authorization...............................................................................HB 1036 Community development block grant funds; appropriations....................................HB 1026
GRAY, JAMES H.; condolences ..........................................................................................SR 96
GRAYSVILLE, CITY OF; convey property ..................................................................HR 100

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INDEX

2705

GREENE COUNTY; school superintendent; appointed by board of education..............................................................................................................HB 970
GREENE, JOE C.; commend.............................................................................................HR 408
GRIFFIN, CITY OF City court; judge and solicitor; change provisions.........................................................HB 991 Members of governing body; election districts ..............................................................HB 495 Spalding County-City of Griffin School systems and districts; merge.......................HB 492
GRIFFIN JUDICIAL CIRCUIT Addjudge.............................................................................................................................HB 182 Addjudge..............................................................................................................................SB 258
GROOVER, HONORABLE DENMARK, JR.; commend ........................................HR 394
GUARDIAN AND WARD Amend code provisions......................................................................................................HB 624 Guardians or trustees; commissions...............................................................................HB 1163 Hearings; certain persons; fees ..........................................................................................SB 236 Hearings; compensation; certain attorneys.....................................................................HB 371 Insurance; authority to contract; guardian for certain beneficiary..............................SB 300 Mentally ill persons; workers' compensation ..................................................................SB 187 Posting bond........................................................................................................................HB 669 Probate judge; custodian of certain funds......................................................................HB 586 Workers' compensation; certain persons..........................................................................SB 188
GUIDO, MICHAEL; commend...........................................................................................HR 31
GULLATT, TERESA; commend and invite to House.................................................HR 413
GUTHRIE, ROCHELLE; commend .............................'..................................................HR 157
GWINNETT COUNTY Board of commissioners; compensation...........................................................................HB 728 Board of elections; repeal Act creating.........................................................................HB 1102 Board of registrations and elections; provide.................................................................HB 995 Children's Shelter; commend............................................................................................HR 277 Merit System Board; authority ......................................................................................HB 1099 Recorder's court; additional judge...................................................................................HB 803 State court; add judge........................................................................................................HB 723
GWINNETT COUNTY REPUBLICAN PARTY AND CHAIRMAN, JOHN GIBB; commend...........................................................HR 423
GWINNETT COUNTY REPUBLICAN TEEN COMMITTEE; commend ............................................................................................... HR 278
GWINNETT JUDICIAL CIRCUIT Addjudge...............................................................................................................................HB 44 Add judge................................................................................................................................SB 32

H
HABEAS CORPUS; death sentence challenge; transfer.................................................SB 99 HABERSHAM COUNTY
Convey property..................................................................................................................HR 252 State court; judge and solicitor; compensation ..............................................................HB 977
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2706

INDEX

HABERSHAM COUNTY (Continued) State court; solicitors pro tempore; appointed by judge ..............................................HB 978 State court; terms ...............................................................................................................HB 976
HAGUE, SHERRY; commend ..........................................................................................HR 356
HALL COUNTY Board of commissioners; members; election.................................................................HB 1165 Board of education; election...........................................................................................HB 1164 Board of elections...............................................................................................................HB 545 Fire prevention districts; levy tax; extend - CA............................................................HB 716 State court; terms................................................................................................................SB 277 Superior court; term............................................................................................................SB 219
HAM, KENNETH W.; compensate..................................................................................HR 268
HAMPTON UNIVERSITY DAY IN GEORGIA Designate February 28, 1987............................................................................................ HR 313
HANCOCK COUNTY Board of commissioners; chairman; compensation........................................................HB 746 Board of education; election; extend - CA......................................................................HB 855 Deputy sheriffs; personnel....................................................................................................SB 93 Ocmulgee Judicial Circuit; terms ..........................................................................................SB 4
HANDICAPPED PERSONS Advisory Commission on Programs for the Blind; create.............................................SB 318 Blind persons; operate vending machines in certain areas..........................................HB 151 Cosmetologists; services outside salon.............................................................................HB 487 Gasoline stations; handicapped permits; dispense at self-service price.....................HB 385 Handicapped newborn persons; Human Resources, Department of; registration........................................................................................................................SB 180 Handicapped parking; signs and markings; designation requirements......................HB 911 Needs of Visually Impaired Georgians Study Committee; create...............................HR 291 Parking; designation; erect signs.......................................................................................SB 266 Permits; dispense gas at self-service prices....................................................................HB 460 Personnel Board; urge hiring of certain handicapped persons......................................HR 92 Standards for buildings and facilities..............................................................................HB 797 University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee; create............HR 90
HAPEVILLE, CITY OF; Development Authority; create; extend - CA ...................HB 931
HARALSON COUNTY Commissioner; compensation............................................................................................HB 526 Superior court; clerk; compensation................................................................................HB 525
HARDISON, HUGH; commend .......................................................................................HR 308
HARRIS COUNTY; coroner; compensation...................................................................HB 712
HARRIS, CAPTAIN LARRY; commend......................................................................HR 200
HARRIS, GOVERNOR JOE FRANK; Big Heart Award; commend......................HR 253
HARRIS, JULIAN H.; condolences ................................................................................HR 199
HARRIS, MRS. OCIE AND HOUSE OF MERCY; commend ..............................HR 446
HARSHBARGER, RAY; commend.................................................................................HR 433
HA YES, OLLIVE GARLAND; congratulate on 100th birthday...............................HR 205
HAZARDOUS SUBSTANCES Abandoned landfills; prohibit construction ....................................................................HB 435

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INDEX

2707

HAZARDOUS SUBSTANCES (Continued) Asbestos; liability for removal, encapsulation, cleaning or disposal...........................HB 341 Disclosure to state employees ...........................................................................................HB 503 Employers; fire hazards in workplace; notify firefighters .............................................SB 137 Georgia Asbestos Safety Act; licensing requirements ...................................................HB 463 Hazardous Materials Emergency Response Advisory Council; recreate ......................HR 59 Hazardous materials or oil; certain quantities; report spill .........................................HB 775 Leakage; immunity for certain assistance........................................................................SB 136 Medical Radiation Health and Safety Act; provide......................................................HB 143
HEALAN, HILL R.; commend...........................................................................................HR 71
HEALAN-LAWRENCE, ALLISON Commend.............................................................................................................................HR 271 Invite to House ...................................................................................................................HR 294
HEALTH Abortions and pregnancy counseling; informational booklets .....................................HB 694 Abortions; mandatory counseling .....................................................................................HB 645 Abortions; Parental Notification Act................................................................................SB 229 Aid to Families with Dependent Children; certain adopted children ...........................SB 19 AIDS, ARC, and HIV; Human Resources to make study............................................HR 166 AIDS victims; notification prior to medical treatment...................................................HB 36 Alcoholic beverages; retail sales; post certain signs.......................................................HB 431 Ambulance service; medical technician; requirement ...................................................HB 177 Anatomical gifts; bank or storage facility; licensing .....................................................HB 541 Blood donations; certain medical regulations; prohibition...........................................HB 462 Consent for surgical or medical treatment; disclosure..................................................HB 107 Cosmetology services; location other than beauty salon ..............................................HB 269 County boards of health; certain activities; regulate by Agriculture Department............................................................................................SB 290 County boards of health; membership; certain counties ..............................................HB 344 Day-care centers; regulations...............................................................................................SB 96 Death certificates; physician's assistant; signature ........................................................SB 260 Dentures; certain markings ..................................................................................................SB 98 Diabetes Awareness Month; proclaim November.............................................................SR 71 Diabetes Awareness Month; recognize November.........................................................HR 181 Dietitians and dietetic counselors; definitions .................................................................HB 38 Donees of body organs; preference for state residents .................................................HB 660 Education; health improvement program .......................................................................HB 794 Emergency medical services; amend provisions..............................................................SB 315 Emergency medical services systems; support from certain funds...........................HB 1009 Emergency medical services systems; support from certain funds - CA ...................HR 323 Food service establishments; health testing of employees ...........................................HB 831 Handicapped newborn persons; Human Resources, Department of; registration............................................................................................SB 180 Hazardous Materials Emergency Response Advisory Council; recreate ......................HR 59 Health Care data system; provide....................................................................................HB 254 Health Planning Agency; hospital reports; submit annually.......................................HB 255 Hospital Authorities Law; definition of project; include insurance of every type..................................................................................................HB 934 Hospital Authorities Law; definition of project; include insurance of every type...................................................................................................SB 342 Hospitals and birthing centers; midwifery; prohibitions............................................HB 1158 Hospitals; certificates of need; requirements .................................................................HB 708 Hospitals; nonresident indigent patients; cost of care..................................................HB 707 House Teenage Pregnancy Study Committee; create .....................................................HR 15 Immunization of students; waiver period .........................................................................HB 12

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2708

INDEX

HEALTH (Continued) Income tax; exclude long-term care insurance...............................................................HB 844 Indemnification; emergency medical technicians ............................................................HB 10 Indemnification; emergency medical technicians ..........................................................HB 240 Lead Poisoning Prevention Study Committee; create ....................................................HR 21 Living wills; revocation ........................................................................................................HB 18 Marriage license; AIDS testing; requirements ...............................................................HB 604 Medical Radiation Health and Safety Act; provide......................................................HB 143 Mentally ill persons; release of certain information; immunity ..................................HB 152 Nursing homes and intermediate care facilities; penalties for violations....................................................................................................................HB 665 Organ procurement organizations; licensing...................................................................HB 542 Perinatal Services in County Health Departments; create committee on.................HR 165 Physical Therapy; programs of treatment ......................................................................HB 921 Poultry; control and prevention of diseases ...................................................................HB 641 Prisoners; determination of communicable disease.........................................................HB 92 Prisoners; medical costs; reimbursement to counties ......................................................SB 39 Professional health care provider; amend definition ....................................................HB 839 Professional Sports Commission; create..............................................................................HB 9 Professional Sports Commission; create..........................................................................HB 270 Recreation Examiners; therapeutic recreation specialist..............................................HB 515 Respiratory therapists; eliminate use of certain terms and abbreviations................................................................................................HB 710 Sexually transmissible infections; control provisions....................................................HB 167 State employees; sick leave; amend provisions................................................................HB 86 Tattoo; minors; prohibitions ..............................................................................................SB 112 Vocational training; long-term care personnel ...............................................................HB 687 Wheelchairs, orthopedic devices, or prostheses; sales tax exemption ..........................HB 59 Workers' compensation; occupational disease; amend provisions................................SB 133
HEALTH INSURANCE Agrirama employees; provide ............................................................................................HB 897 Corporations; insure certain employees without consent.............................................HB 954 District attorneys' investigators; appointment.................................................................HB 27 Merit System; certain insurance contracts; jurisdiction...............................................HB 560 Motor vehicle insurance; correlation of benefits; certain health plans ......................HB 613 Policies written in simplified form ..................................................................................HB 422 Preferred provider..............................................................................................................HB 507 Public school employees and employees of community colleges; include retired persons...................................................................................................HB 247 Public school employees; coverage for certain retired persons ....................................SB 316 Public school employees; payment by local school systems.........................................HB 982 Rates; regulation..................................................................................................................SB 218 Services of registered nurse; reimbursement..................................................................HB 334 State employees; exclusion................................................................................................HB 193 Statewide Probation System; former county employees...............................................SB 145
HEARD COUNTY magistrate Court; provisions.............................................................................................HB 761 Tax commissioner; part-time clerk..................................................................................HB 554
HEMPHILL, MICHAEL; commend ...............................................................................HR 179
HENDERSON, FLETCHER; recognize family ............................................................HR 238
HENRY COUNTY Board of commissioners; change compensation .............................................................HB 846 Board of commissioners; election eligibility ...................................................................HB 847

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INDEX

2709

HIGHWAYS, BRIDGES AND FERRIES (Also, see Transportation, Department of) C. W. Bradley Bridge; designation .....................................................................................SR 12 DeKalb County; Flat Shoals Parkway; designation ......................................................HR 188 Hazardous materials or oil; certain quantities; report spill .........................................HB 775 Highways; length of certain vehicles; designation of signs ...........................................SB 368 Highways; length of vehicle; special permits..................................................................HB 170 Highways; length of vehicles transporting boats ...........................................................HB 130 Highways; weight and load of vehicles; pick-up and delivery ......................................SB 357 Homer Chance Highway; designate in Twiggs County...................................................HR 96 House Motor Truck Safety Study Committee; create ..................................................HR 292 J. R. Alien Parkway; designate...........................................................................................HR 62 Joseph Wilson Smith Bridge; designate............................................................................HR 61 Length of vehicles transporting boats .............................................................................HB 129 Litter control; penalty.........................................................................................................SB 151 Local governments; contracts; bids..................................................................................HB 606 Local law enforcement; speed detection devices............................................................HB 425 MARTA; board of directors meet with local governing bodies...................................HB 733 MARTA; conform certain committee designations.........................................................HR 53 MARTA; construction of certain projects; funds ..........................................................HB 243 MARTA; future completion and operation of additional rail system........................HB 699 Motor fuel; excise tax; imposition....................................................................................HB 518 Motor fuel tax proceeds; allocation - CA........................................................................HR 455 Motor fuel tax; quarterly and annual reports................................................................HB 419 Motor fuel tax; rate change...............................................................................................HB 318 Motor vehicle equipment; annual inspection; certain vehicles......................................HB 75 Motor vehicles; seat belt requirement.............................................................................HB 751 Motor vehicles; speed limits..............................................................................................HB 632 Motor vehicles; speed limits..............................................................................................HB 652 Motor vehicles; transportation of animals; requirements.............................................HB 772 Municipalities; road defects; repeal liability ..................................................................HB 213 Property acquisition; future purposes ..............................................................................SB 118 Rest areas; vending machines; operation by blind persons..........................................HB 151 Speed detection devices; remove certain prohibition....................................................HB 792 Transportation, Department of; employee injured in line of duty; compensation.....................................................................................................SB 160 Truck-tractors; tire covers; exemption ............................................................................HB 367 Trucks travel in certain lanes...........................................................................................HB 399 Vehicles transporting boats; permits ...............................................................................HB 445 Weight and load of vehicles on highway; permits.........................................................HB 104 Weight and load of vehicles; enforcement......................................................................HB 849 Weight and load on highways; refrigerated vehicles .....................................................HB 231
HILL, KATHY RUST; commend....................................................................................HR 432
HINTON, TORE BERRY; condolences .........................................................................HR 460
HISTORIC CHATTAHOOCHEE COMMISSION; commend ...............................HR 233
HISTORIC SITES (See Parks, Historic Sites and Commemorations)
HODGE, JACK; commend.................................................................................................HR 301
HODGES, RAY R.; compensate..........................................................................................HR 11
HODGES, REVEREND DR. CECIL; commend...........................................................HR 40
HOGANSVILLE, CITY OF; Development Authority; extend - CA ..........................SB 295
HOLIDAYS; Police Officer Memorial Day and Police Week; declare ........................HB 522

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2710

INDEX

HOLLOWAY, HONORABLE ALBERT "AL"; Albert "Al" Holloway Labor Building; designate ..................................................................................................SR 163
HOLLY SPRINGS, CITY OF; corporate limits...........................................................HB 947
HOMEBUILDERS ASSOCIATION OF VALDOSTA AND LOWNDES COUNTY INC.; recognize ......................................................................HR 224
HOMESTEAD EXEMPTION (See Ad Valorem Tax)
HOPKINS, CALVIN (HOPPY), III; commend ..........................................................HR 498
HOPSON, JAMES A.; commend.....................................................................................HR 244
HORTON, BETTY; commend ..........................................................................................HR 477
HOSPITALS AND HEALTH CARE FACILITIES Abortions and pregnancy counseling; informational booklets .....................................HB 694 Abortions; mandatory counseling.....................................................................................HB 645 Abortions; Parental Notification Act................................................................................SB 229 AIDS victims; notification prior to medical treatment...................................................HB 36 Blood donations; certain medical regulations; prohibition...........................................HB 462 Certificates of need; requirements ...................................................................................HB 708 Comprehensive treatment of alcoholics; effective date.................................................HB 965 Consent for medical or surgical treatment; disclosure..................................................HB 107 Death certificates; physician's assistant; signature ........................................................SB 260 Donees of body organs; preference for state residents .................................................HB 660 Emergency medical services; amend provisions..............................................................SB 315 Health care data system; provide.....................................................................................HB 254 Health Planning Agency; hospital reports; submit annually .......................................HB 255 Hospital Authorities Law; definition of project; include insurance of every type..................................................................................................HB 934 Hospital Authorities Law; definition of project; include insurance of every type...................................................................................................SB 342 Hospitals and birthing centers; midwifery; prohibitions............................................HB 1158 Long-term care facilities; vocational training.................................................................HR 341 Long-term care personnel; training..................................................................................HB 687 Medical students; tort immunity .....................................................................................HB 759 Mentally ill, alcoholic, or drug dependent person; outpatient treatment.....................SB 24 Mentally ill persons; release of certain information; immunity ..................................HB 152 Nonresident indigent patients; cost of care....................................................................HB 707 Nursing homes and intermediate care facilities; penalties for violations...................................................................................................HB 665 Professional health care provider; amend definition....................................................HB 839
HOTELS AND MOTELS Airports; lease property for private development..........................................................HB 455 Alcoholic beverages; in-room sales...................................................................................HB 227 Smoke detector requirement.............................................................................................HB 311 Tax; increase; use of proceeds ..........................................................................................HB 563
HOUSE OF REPRESENTATIVES Amend H. R. 3; relative to officials and employees........................................................HR 93 Appointment of Sergeant-at-arms....................................................................................Page 11 Ash, Robert L.; invite to House.......................................................................................HR 215 Ball, Marlesa, Miss Georgia; invite to House.................................................................HR 251 Certification of election of Democratic Caucus officers................................................Page 32 Certification of election of Republican Caucus officers................................................Page 31 Certification of election of Republican Caucus Vice Chairman .................................................................................................................Page 63

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INDEX

2711

HOUSE OF REPRESENTATIVES (Continued) Certification of election to fill unexpired term of Majority Leader...............................................................................................................Page 30 Crew, Bill; commend and invite to House......................................................................HR 186 Doorkeepers; commend......................................................................................................HR 535 Election of Clerk ...................................................................................................................Page 9 Election of Doorkeeper.......................................................................................................Page 10 Election of Messenger ........................................................................................................Page 10 Election of Speaker...............................................................................................................Page 8 Election of Speaker Pro Tem............................................................................................Page 10 General Assembly members; term of office - CA...............................................................SR 7 General Assembly sessions; certain conduct; prohibitions ...........................................HB 126 Georgia Southern Football Team and Coach Erk Russell; invite to House................HR 86 Gingrich, Honorable Newt; invite to House ...................................................................HR 279 House messenger and doorkeeper; appointment by Speaker ......................................HB 506 Joint Prefiling of Legislation Study Committee; create.................................................HR 95 Joint Session; Governor's message .......................................................................................HR 6 Joint Session; Governor's message; invite Justices and Judges ......................................HR 7 Joint Session; inauguration for Governor and Lieutenant Governor .............................HR 5 Katzir, Issachar, Consul General of Israel; address House ............................................HR 23 Knight, Ray; commend and invite to House..................................................................HR 231 Langdale, President Noah, Jr.; commend and invite to House ..................................HR 340 Lincoln County High School Red Devils football team; invite to House..................HR 170 Members-elect; communication from Secretary of State................................................Page 1 Members; oath of office.........................................................................................Pages 7, 48, 50 Notify House of Representatives the Senate has convened .............................................SR 2 Notify the Governor the General Assembly has convened ..............................................HR 2 Notify the Senate the House of Representatives has convened......................................HR 1 R. E. Lee High School Rebels Football Team; invite to House....................................HR 87 Randolph-Clay High School Boys Basketball Team; invite to House .........................HR 88 Relative to the House of Representatives; officials and staff..........................................HR 3 Rodgers, Dr. Tom H., Assistant Director, Georgia Cooperative Extension Service; invite to House........................................................HR 168 Rules of House; adopt............................................................................................................HR 4 Rules of House; amend Rule 11, 11A................................................................................HR 24 Rules of House; amend Rule 12.......................................................................................HR 241 Rules of House; amend Rule 50 .......................................................................................HR 104 Rules of House; amend Rule 52 .......................................................................................HR 102 Rules of House; amend Rule 52 .......................................................................................HR 103 Scott, General Robert Lee, Jr.; commend and invite to House ..................................HR 293 Shelton, Charlotte, America's Perfect Teen; invite to House......................................HR 222 Standing Committee assignments ......................................................................Pages 21, 30, 31 Stanford, Dr. Henry King; address joint session................................................................SR 5 State Parent Teacher Association; invite President to House ....................................HR 191 University System of Georgia; invite certain scholars to House...................................HR 85 Washington-Wilkes High School football team; commend and invite to House........................................................................................................HR 264 Wilson, Honorable Joe Mack; commend.........................................................................HR 330 1986 Central of Carrollton Lions football team; invite to House ...............................HR 128
HOUSING (See Buildings and Housing)
HOUSTON COUNTY Magistrate court; law library fees ..................................................................................HB 1111 State court; civil case cost...............................................................................................HB 1112
HUGHES, TIM; commend .................................................................................................HR 476

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2712

INDEX

HUMAN RESOURCES, DEPARTMENT OF AIDS, ARC, and HIV study .............................................................................................HR 166 Aid to Families with Dependent Children; certain adopted children...........................SB 19 Anatomical gifts; bank or storage facility; licensing .....................................................HB 541 Child support; availability of information ......................................................................HB 625 Day-care centers; records checks of employees..............................................................HB 742 Day-care centers; regulations...............................................................................................SB 96 Educational Reinvestment Act for Aid to Families with Dependent Children; enact ............................................................................................SB 232 Emergency medical services; amend provisions..............................................................SB 315 Emergency medical services systems; support from certain funds ...........................HB 1009 Emergency medical services systems; support from certain funds - CA ...................HR 323 Felony conviction; persons under 18 serving sentence ..................................................SB 301 Handicapped newborn persons; registration ...................................................................SB 180 Health care data system; provide.....................................................................................HB 254 Health Planning Agency; hospital reports; submit annually .......................................HB 255 Hospitals; nonresident indigent patients; cost of care..................................................HB 707 Juvenile proceedings; program of state subsidies.............................................................SB 89 Motor vehicle insurance; certain state owned vehicles .....................................................HB 5 Public assistance; subpoena power ..................................................................................HB 384
HUNT, CORPORAL JAMES M.; commend-..............................................................HR 202
HUNTER, JACK L.; commend ........................................................................................HR 196
HUNTING (Also, see Game and Fish) Antlerless or either-sex deer on certain days.................................................................HB 655 Either-sex or antlerless deer; bag limit .........................................................................HB 1008 Hunter education course; certification ............................................................................HB 489 Hunting deer at night from vehicle or boat; prohibitions............................................HB 637 License fees; amend provisions..........................................................................................SB 107 Stands by person other than landowner; prohibitions..................................................HB 771

INCOME TAX Child care and household expenses; credit.....................................................................HB 671 Contribution of property to certain youth organization; credit ..................................HB 999 Federal government or military retirement income; exemption..................................HB 299 Home purchase; deduction................................................................................................HB 505 Income tax conformity legislation; commend certain persons for work ....................HR 534 Income tax form; designated contribution - CA............................................................HR 420 Long-term care insurance; exclusion ...............................................................................HB 844 Peace officers; exempt certain retirement income.........................................................HB 656 Refunds; interest...............................................................................................................HB 1130 Retirement income exemption; repcal...........................................................................HB 1180 Revise Code...........................................................................................................................HB 87 Social Security benefits; excluded..................................................................................HB 1170 Special needs child; exemption.........................................................................................HB 672 Tax returns; confidential information; furnish to certain persons.............................HB 118 Tuition payments; exemption ...........................................................................................HB 147
INDEMNIFICATION Emergency medical technicians..........................................................................................HB 10 Emergency medical technicians........................................................................................HB 240 Law enforcement officers; date.........................................................................................HB 499
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INDEX

2713

INDIGENT (See Social Services)
INGRAM, C. FRED; commend.........................................................................................HR 139
INITIATIVE PETITION; power to enact or reject - CA...........................................HR 131
INSURANCE Accident and sickness insurance; preferred provider....................................................HB 507 Agrirama employees; health insurance............................................................................HB 897 Annual reports; certain requirement ................................................................................SB 134 Annual reports; requirement.............................................................................................HB 394 Bad check issued for premium; null and void..............................................................HB 196 Cancellation procedure ......................................................................................................HB 836 Commissioner of Insurance; appointment - CA.............................................................HR 226 Commissioner of Insurance; appointment by Governor...............................................HB 735 Corporations; insure certain employees without consent.............................................HB 954 Counties and municipalities; interlocal risk management agencies; definition.........................................................................................................HB 246 Counties; employment benefits; provide..........................................................................SB 102 Direct response insurance business; requirements........................................................HB 582 District attorneys' investigators; Health Benefit Plan....................................................HB 27 Group life insurance policies; delete certain requirements...........................................SB "61 Guardian for certain beneficiary; authority to contract................................................SB 300 Health insurance; services of registered nurse; reimbursement ..................................HB 334 Health insurance; state employees; exclusion ................................................................HB 193 Hospital Authorities Law; definition of project; include insurance of every type..................................................................................................HB 934 Hospital Authorities Law; definition of project; include insurance of every type...................................................................................................SB 342 House Workers' Compensation Self-Insurance Solvency Study Committee; create ...............................................................................................HR 368 Insurance consumer advocate; create..............................................................................HB 111 Insurance; policy or filing fee; requirement....................................................................HB 194 Liability insurance; state authorities...............................................................................HB 662 Liability rates; regulation..................................................................................................HB 639 Life insurance; debtor coverage; maximum....................................................................HB 553 Long-term care insurance; income tax exclusion...........................................................HB 844 Merit System; certain insurance contracts; jurisdiction...............................................HB 560 Mortgages; insurance premiums and taxes; timely payment .......................................HB 980 Motor Vehicle Certificate of Title; salvaged or rebuilt vehicle...................................HB 159 Motor vehicle insurance; certain exclusions...................................................................HB 726 Motor vehicle insurance; certain persons; exemption ...................................................HB 983 Motor vehicle insurance; certain state owned vehicles.....................................................HB 5 Motor vehicle insurance; certificates of self-insurance...............................................HB 1030 Motor vehicle insurance; correlation of benefits; certain health plans ......................HB 613 Motor vehicle insurance; coverage for earnings; retired persons ...................................SB 31 Motor vehicle insurance; driving without proof; penalty .............................................HB 274 Motor vehicle insurance; maximum coverage; notification of price ...........................HB 588 Motor vehicle insurance; non-payment of premium .....................................................HB 313 Motor vehicle insurance; proof; amend provisions ..........................................................HB 70 Motor vehicle insurance; revise requirements................................................................HB 673 Motorcycles; proof of insurance..........................................................................................HB 72 Nonrenewal of certain types of policies; filing requirements ....................................HB 1031 Physicians; malpractice claims; board investigate fitness to practice.........................SB 286 Policies written in simplified form ..................................................................................HB 422 Premiums; regulation.........................................................................................................HB 168 Premium taxes; date of collection..................................................................................HB 1160 Property and casualty insurance; rate approval............................................................HB 508

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2714

INDEX

INSURANCE (Continued) Public funds; secure deposits.............................................................................................SB 104 Public school employees health insurance; payment by local school systems.................................................................................................................HB 982 Rate increase; insurers file profit and loss data............................................................HB 552 Rates; regulation..................................................................................................................SB 218 Retirement; beneficiary change; notify spouse...................................................................HB 4 Retirement; change of beneficiary; notice.......................................................................HB 376 Revenue bonds; "undertaking"; amend definition........................................................HB 936 Risk retention and purchasing groups; regulation .........................................................SB 306 Structural Pest Control; self-insurance...........................................................................HB 195 Trade or professional association; group self-insurance fund......................................HB 557 Uninsured motor vehicle; seizure after certain convictions.......................................HB 1167 Workers' compensation; Administrative Procedure rules ..........................................HB 1053 Workers' compensation; benefits; residency requirements...........................................HB 414 Workers' compensation; common carriers; certain exception......................................HB 282 Workers' compensation; guardians; mentally ill persons ..............................................SB 187 Workers' compensation; indemnity, medical, and rehabilitation expenses; reimbursement................................................................................................SB 312 Workers' compensation; injured employee; job refusal................................................HB 556 Workers' compensation; injured while under influence of drugs..............................HB 1175 Workers' compensation; municipalities; self-insurance fund.......................................HB 245 Workers' compensation; newspaper delivery persons; exclude.......................................SB 40 Workers' compensation; occupational disease; amend provisions................................SB 133 Workers' compensation; partial dependency; termination............................................SB 132 Workers' compensation; retaliatory dismissal..............................................................HB 1056 Workers' Compensation, State Board of; open records................................................HB 681
INTANGIBLES TAX Charitable remainder trusts; exemption ...........................................................................HB 53 Domesticated foreign corporations; definition...............................................................HB 724 Intangible recording tax; convert to documentary tax.................................................HB 908 Level of liability; filing return........................................................................................HB 1020
INTEREST AND USURY Mortgages; escrow accounts ..............................................................................................HB 331 Origination fees or discount points; calculation.............................................................HB 128 Tax; certain income of states; urge amendment to United States Constitution ...........................................................................................HR 300 Taxation; interest on refunds.........................................................................................HB 1130
INTERIOR DESIGNERS; licensing...............................................................................HB 959
INTERNATIONAL SERVICE INSURANCE CO.; compensate.............................HR 57
IRON CITY, TOWN OF; new charter............................................................................HB 285
IRWIN COUNTY; Ocilla-Irwin County Industrial Development Authority; create; extend - CA.................................................................HB 957
IVESTER, M. DOUGLAS; commend.............................................................................HR 480

JACKSON, CITY OF; Butts County, Flovilla, Jackson, and Jenkinsburg Water and Sewer Authority; membership........................HB 904
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INDEX

2715

JACKSON KIWANIS CLUB; commend on sixty-fifth anniversary .........................HR 119
JACKSON PRIMARY SCHOOL; commend .................................................................HR 33
JAILS Oath of jailers; amend provisions.....................................................................................HB 131 Peace Officer Standards and Training; jail or communication officers.......................HB 52 Prisoners; determination of communicable disease.........................................................HB 92 Prisoners pay certain fees; room and board ...................................................................HB 848
JAMES, ELMO; commend.................................................................................................HR 429
JASPER, CITY OF; Industrial Development Authority; create; extend - CA.............................................................................................................HB 319
JEFF DAVIS COUNTY; ad valorem tax exemption; certain businesses; extend - CA......................................................................................HB 1094
JEFFERSON COUNTY Louisville-Jefferson County; coroner; eligibility for municipal office ........................HB 832 Magistrate court; fees.........................................................................................................HB 581
JENKINS COUNTY Board of education; compensation...................................................................................HB 109 Development Authority; create; extend - CA.................................................................HB 900
JENKINSBURG, CITY OF Butts County, Flovilla, Jackson, and Jenkinsburg Water and Sewer Authority; membership ..................................................................HB 904 New charter.........................................................................................................................HB 734
JERNIGAN, MICHAEL; commend................................................................................HR 148
JOHNSON, GUY C.; condolences....................................................................................HR 513
JOHNSON, HONORABLE BILLY A.; commend .....................................................HR 502
JONES COUNTY Board of commissioners; annual personnel publication ...............................................HB 721 Magistrate court; appointment.........................................................................................HB 386
JONES, DAVID; commend ...............................................................................................HR 164
JUDGES Bail or recognizance; amend certain provisions.............................................................HB 776 Civil court judge pro tempore; serve as magistrate pro tempore................................HB 585 Joint Session; Governor's message; invite Justices and Judges ......................................HR 7 Juvenile court; retirement benefits................................................................................HB 1021 Law libraries; establish for superior court judges..........................................................HB 338 Magistrate court; election of chief magistrate ................................................................SB 194 Probate court; eligibility requirement; certain counties.................................................HB 58 Probate court; incapacity or inability; removal ...............................................................HB 57 Probate court; location of office........................................................................................SB 223 Probate court; powers .........................................................................................................SB 208 Probate court; requirements and eligibility.....................................................................SB 274 Retirement; court officials; new system ..........................................................................HB 703 Senior Appellate Court Justice and Judge; create offices............................................HB 614 Superior Court Judges' Retirement; creditable service..............................................HB 1022 Superior Court Judges' Retirement; creditable service; certain benefits...................HB 842 Superior Court Judges' Retirement; required years for vesting..................................HB 566 Superior court; election........................................................................................................HB 25 Superior court; senior judge; increase per diem compensation .....................................HB 32

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JUDGES (Continued) Superior court; travel expenses; reimbursement............................................................HB 877 Supreme Court; seven justices ............................................................................................HB 19 Trial Judges and Solicitors Retirement; average compensation .................................HB 481
JUDGMENTS Civil practice; executions; discovery measures................................................................SB 227 Civil practice; facts and conclusions accompany judgment.........................................HB 657 Foreign judgments; enforcement......................................................................................HB 301 Interest and usury; post-judgment application..............................................................HB 241 Motions to set aside...........................................................................................................HB 224
JUDICIAL CIRCUITS Augusta Judicial Circuit; compensation; supplement...................................................HB 974 Augusta Judicial Circuit; county supplement................................................................HB 754 Augusta Judicial Circuit; terms........................................................................................HB 755 Brunswick Judicial Circuit; add judge............................................................................HB 271 Brunswick Judicial Circuit Study Committee; create...................................................HR 176 Circuit-wide grand juries; provide - CA.............................................................................SR 22 Cobb Judicial Circuit; add judge ......................................................................................SB 339 Cobb Judicial Circuit; district attorney; compensation................................................HB 644 Cobb Judicial Circuit; judges' supplement......................................................................SB 233 District attorneys' investigators; appointment.................................................................HB 27 Douglas Judicial Circuit; terms ...........................................................................................SB 59 Griffin Judicial Circuit; add judge...................................................................................HB 182 Griffin Judicial Circuit; add judge....................................................................................SB 258 Gwinnett Judicial Circuit; add judge ................................................................................HB 44 Gwinnett Judicial Circuit; add judge.................................................................................SB 32 Northern Judicial Circuit; judges' compensation ..........................................................HB 795 Ocmulgee Judicial Circuit; terms..........................................................................................SB 4 Ocmulgee Judicial Circuit; terms........................................................................................SB 23 Southern Judicial Circuit; judge's compensation; supplement....................................HB 304 Stone Mountain Judicial Circuit; judges' supplement..................................................HB 917 Tallapoosa Judicial Circuit; terms.......................................................................................HB 3 Western Judicial Circuit; supplementary compensation..............................................HB 590
JURIES Circuit-wide grand juries; provide - CA.............................................................................SR 22 Criminal procedure; two indictments for same offense................................................HB 653 Employment; jury duty; prohibit dismissal.......................................................................SB 41 Grand Jury Study Committee; create..............................................................................SR 144 Selection; certain counties.................................................................................................HB 155 Selection; compilation of lists...........................................................................................HB 183 Selection requirement........................................................................................................HB 176 State-wide, circuit-wide or regional grand juries; create - CA....................................HR 322 State-wide grand juries; create - CA ...............................................................................HR 132 Traffic offenses; withdrawal of waiver..............................................................................HB 30
JUVENILE PROCEEDINGS Certain traffic offenses; jurisdiction................................................................................HB 290 Child abuse; juvenile court judge approve shelter care................................................HB 501 Community service for delinquent acts...........................................................................SB 162 Crimes; age limit; offender tried as adult.......................................................................HB 640 Death penalty; persons under 18; prohibitions..............................................................HB 777 Felony acts; definition ........................................................................................................SB 215 Judges; retirement benefits.............................................................................................HB 1021 Jurisdiction .............................................................................................................................SB 20 Missing child report; notification.....................................................................................HB 891 Program of state subsidies ...................................................................................................SB 89

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2717

JUVENILE PROCEEDINGS (Continued) Traffic offenses; definitions...............................................................................................HB 314 Traffic or waterways offenses; certain jurisdiction ........................................................SB 147

K
K. C. JR. HIGH RISK INFANT FOUNDATION; commend ................................HR 382 KEEBLE, JOHN TOM; commend...................................................................................HR 442 KEMPTON, HONORABLE BESSIE; place portrait in State Capitol...................HR 147 KENNEDY, SEAN; commend ..........................................................................................HR 156 KENNESAW, CITY OF
Corporate limits ..................................................................................................................HB 932 Elections; qualification of candidates...............................................................................SB 308 KING SPRINGS PARENT-TEACHER ASSOCIATION; commend..................HR 272 KING, BETH KATHLEEN; compensate ......................................................................HR 267 KING, DENISE SCHON; commend...............................................................................HR 434 KING, FLOYD J.; condolences ...........................................................................................HR 35 KITCHENS, GORDON; commend..................................................................................HR 447 KNAPP, DR. CHARLES; welcoming .............................................................................HR 259 KNIGHT ELEMENTARY SCHOOL; commend........................................................HR 345 KNIGHT, RAY; commend and invite to House.............................................................HR 231 KNOBBED WHELK; designate as state seashell .........................................................HR 130 KNOWLTON, DICK;commend.......................................................................................HR 331 KUBEK, KAREN; recognize .............................................................................................HR 529

L
LABOR AND INDUSTRIAL RELATIONS Administrative Procedure; Workers' Compensation rules .........................................HB 1053 Albert "Al" Holloway Labor Building; designation .......................................................SR 163 Boilers and pressure vessels; regulation..........................................................................HB 132 Commissioner of Labor; appointment - CA ...................................................................HR 229 Commissioner of Labor; appointment by Governor ......................................................HB 736 Employers; fire hazards in workplace; notify firefighters .............................................SB 137 Employment Security Administration Account; urge Congress to release funds ..............................................................................................HR 239 Employment Security Law; amend provisions.................................................................HB 11 Employment Security Law; maximum weekly benefit....................................................SB 75 Employment Security; part-time and temporary employees; eligibility ....................HB 555 Employment; jury duty; prohibit dismissal.......................................................................SB 41 Garnishment; hourly or weekly wages; continuing proceedings...................................SB 247
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LABOR AND INDUSTRIAL RELATIONS (Continued) House Workers' Compensation Self-Insurance Solvency Study Committee; create...............................................................................................HR 368 Labor, Department of; lease agreements; certain space................................................SB 190 Labor, Department of; supplemental appropriation.....................................................HB 562 Retail sales; certain stores; requirements for safe operations......................................HB 524 State employees; injured in line of duty; compensation .................................................SB 28 Torts; independent contractor; employer's liability.......................................................SB 207 Trade or professional association; group self-insurance fund......................................HB 557 Transportation, Department of; employee injured in line of duty; compensation.....................................................................................................SB 160 Victims of crime; Workers' Compensation; assistance program..................................HB 791 Workers' compensation; benefits; residency requirements...........................................HB 414 Workers' compensation; common carriers; certain exception......................................HB 282 Workers' compensation; guardians; certain persons ......................................................SB 188 Workers' compensation; guardians; mentally ill persons ..............................................SB 187 Workers' compensation; include county officials...........................................................HB 342 Workers' compensation; indemnity, medical, and rehabilitation expenses; reimbursement................................................................................................SB 312 Workers' compensation; injured employee; job refusal................................................HB 556 Workers' compensation; injured while under influence of drugs..............................HB 1175 Workers' compensation; municipalities; self-insurance fund.......................................HB 245 Workers' compensation; occupational disease; amend provisions................................SB 133 Workers' compensation; partial dependency; termination............................................SB 132 Workers' compensation; persons delivering newspapers; exclude..................................SB 40 Workers' compensation; retaliatory dismissal..............................................................HB 1056 Workers' Compensation, State Board of; open records................................................HB 681 Workers' compensation; witness at hearing; prohibit discharge.................................HB 413
LADY GREENWAVE BASKETBALL TEAM; commend .....................................HR 532
LAGRANGE, CITY OF Corporate limits...................................................................................................................SB 115 Development Authority; create; extend - CA....................................................................SB 95 Downtown LaGrange Development Authority; provide authority; extend - CA.......SB 293 Increase bonded indebtedness; extend - CA...................................................................SB 294
LAKE PARK, CITY OF; corporate limits...................................................................HB 1097
LAKEVIEW, CITY OF; Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority; extend - CA...........................................................................SB 69
LAMAR COUNTY Board of commissioners; creating.....................................................................................HB 629 Board of education; election.............................................................................................HB 622 City of Barnesville and County of Lamar Development Authority; extend - CA ..................................................................................................HB 834 County manager..................................................................................................................HB 769
LAMBERT, FRANKLYN; commend ...............................................................................HR 65
LAND (See Property)
LANDLORD AND TENANT Cable television service; certain prohibitions....................................................................SB 16 Dispossessory proceedings; transportable housing........................................................HB 291
LANGDALE, PRESIDENT NOAH, JR.; Commend.............................................................................................................................HR 319 Commend and invite to House.........................................................................................HR 340

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2719

LASSITER HIGH SCHOOL BAND; commend .........................................................HR 115
LAURENS COUNTY Board of education; election; extend - CA......................................................................HB 987 City of Dublin-Laurens County Development Authority; extend - CA.....................HB 989 Obligation bonds; levy tax for certain schools; extend - CA ..................................... ..HB 988
LAW ENFORCEMENT OFFICERS AND AGENCIES Antiterrorism Information Center; establish..................................................................HB 603 Antiterrorism Task Force; director ..................................................................................HB 602 Campus policemen; certification and training costs; requirement..............................HB 329 Certain assistance; liability of state... -- ........ ....... ....... ............. .................. ..---- .......... .HB 446 Commend state and local agencies ............. ........ .............. ............................................. ..HR 145 Conservation ranger; certain retirees; retain weapon and badge ......... .......................HB 261 Controlled substances; seizure; utilization of proceeds......................................... ...... ..HB 244 Correctional institutions; personnel assist law enforcement officers........................... SB 143 Crime Information Center; dissemination of records-- .................... ....... -- .............. .....HB 312 Criminal procedure; scientific evidence; GBI report.-- ....... ...... ...... ....... ..--------..-- HB 47 Criminal records; purged from original agency.............................................. .................SB 373 Driving under the influence; refusal to submit to chemical test; report ......................SB 92 Firefighter; training include public safety officer.................. ........................... .............HB 686 Highways; speed detection devices; remove certain prohibitions ............................. ..HB 792 Indemnification; date...................................................... ........ ................................... ........HB 499 Injured in line of duty; compensation........................... .......................... ........................HB 876 Local law enforcement; driving records; dissemination................................. ...............HB 405 Local law enforcement; speed detection devices..................... ........ ................... ............HB 425 Missing Children Information Center; age definition......................... ..........................HB 228 Missing child report; notification....................................................................... ..............HB 891 Motor vehicles; fleeing or eluding an officer; penalty........................................... ...... ..HB 360 Motor vehicles; persons attempting to elude police; penalty ......................... ..............SB 150 Police Officer Memorial Day and Police Week; declare.............. .................................HB 522 Peace Officers' Annuity and Benefit Fund; benefits; amend provisions ...................HB 458 Peace Officers' Annuity and Benefit Fund; collection of certain revenues................................................................... ...... ........... ...................... ....HB 459 Peace Officers' Annuity and Benefit Fund; commissioners; investment powers........................................................... ...................... .........................HB 457 Peace Officers' Annuity and Benefit Fund; definitions.. ........................................... ...HB 722 Peace officers; exempt certain retirement income........... ........ ................................... ...HB 656 Peace officers; minimum salary.............................................-- .......... ...... .........................SB 155 Peace Officer Standards and Training; jail or communication officers .......................HB 52 Peace officer training; certain retired officer; certification............... ...................... .....HB 416 Prisoners; determination of communicable disease.................. ...... ....... ...... ................ --.HB 92 Public Safety Department; police chaplains ..................... ................ ........ ...... ............. ..HB 739 Public Safety Training Center; security police force-- ....... ....... ................. ...... .......... ..HB 609 Receiving funds; amend provisions... ................................................................................SB 189 State Patrol; make available certain training vehicles ........ .........................................HB 294 State patrol officer; witness fees....................... ................................... ...... ......................HB 659 Torts; actions against law enforcement officer; bond-- ........................................ --.----HB 46 Witnesses; fees..........................................................................-....--..............................HB 127
LAWRANCE, LIEUTENANT ARCHIE; commend..................................................HR 201
LAWSON, HONORABLE GERE; commend..................................-..---- .................HR 514
.................................----.......-..-..................----...HR 315
LEE COUNTY Businesses; license fees or occupational taxes; extend - CA.........................................SB 298 Motor vehicle registration...................... .............. ...... ....... ............................. ................... HB 770

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LEE MEATS, INC. AND ROY D. LEE; commend ...................................................HR 526
LEGISLATIVE COUNSEL; commend..........................................................................HR 538
LEMAY, LEONARD; commend ......................................................................................HR 449
LEWIS, BARB;commend..................................................................................................HR 355
LIABILITY INSURANCE Action for deficiencies in construction; limitation period ............................................HB 715 Annual reports; certain requirement ................................................................................SB 134 Annual reports; requirement.............................................................................................HB 394 Asbestos; liability for removal, encapsulation, cleaning or disposal...........................HB 341 Business corporations; certain persons; limitations of liability ...................................HB 799 Cancellation procedure ......................................................................................................HB 836 Corporations; employees and officers; indemnification and expenses.........................SB 302 Counties and municipalities; interlocal risk management agencies; definition .........................................................................................................HB 246 Hospital Authorities Law; definition of project; include insurance of every type...................................................................................................SB 342 Hospital Authorities Law; definition of project; include insurance of every type..................................................................................................HB 934 Law enforcement; certain assistance; liability of state .................................................HB 446 Liability insurance; state authorities...............................................................................HB 662 Medical malpractice; amend provisions ...............................................................................SB 2 Medical students; tort immunity .....................................................................................HB 759 Nonprofit corporations; certain persons; limitations of liability.................................HB 798 Physicians; malpractice claims; board investigate fitness to practice.........................SB 286 Premiums; regulation .........................................................................................................HB 168 Property and casualty insurance; rate approval ............................................................HB 508 Public officials and employees; coverage ...........................................................................SB 47 Rates; regulation..................................................................................................................SB 218 Rates; regulation .................................................................................................................HB 639 Revenue bonds; "undertaking"; amend definition ........................................................HB 936 Risk retention and purchasing groups; regulation .........................................................SB 306 Structural Pest Control; self-insurance ...........................................................................HB 195
LIANG, DORIS E.; compensate .........................................................................................HR 48
LIBRARIES Financing and Investment Commission; public library facilities................................HB 647 Law libraries; costs collected in recorder's court............................................................SB 176 Law libraries; establish for superior court judges..........................................................HB 338 Librarians, State Board of Certification; termination date .........................................HB 310 Magistrate courts; law library fees.....................................................................................HB 15 Records; confidentiality .....................................................................................................HB 297
LICENSE PLATES AND REGISTRATION Agnes Scott College; special tags........................................................................................HB 67 Augusta College; special tags ............................................................................................HB 873 Bicentennial tags; invalid after 1989 ...............................................................................HB 160 Certain counties; date........................................................................................................HB 397 Chattahoochee County; staggered registration...............................................................HB 112 Cherokee County; registration ..........................................................................................HB 325 Civil Air Patrol; special tags.............................................................................................HB 919 Civilian internees; special tags..........................................................................................HB 347 Clarke County; staggered registration .............................................................................HB 627 Emergency medical services systems; support from certain funds...........................HB 1009 Emergency medical services systems; support from certain funds - CA ...................HR 323 Georgia Southwestern College; special tags......................................................................HB 63

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2721

LICENSE PLATES AND REGISTRATION (Continued) Mailing fee...........................................................................................................................HB 811 Medical College of Georgia; special tags.........................................................................HB 874 Motor vehicle insurance; revise requirements................................................................HB 673 Paine College; special tags...............................................................................................HB 1079 Pearl Harbor survivors; special tags................................................................................HB 429 Penalty for non-compliance ..............................................................................................HB 229 Prorated fee.........................................................................................................................HB 447 Registration application; false statement........................................................................HB 161 Rental trailers......................................................................................................................HB 163 Savannah State College; special tags...............................................................................HB 587 Savannah State College; special tags................................................................................SB 344 Shriners; special tags.............................................................................................................SB 37 Special tags; transfer fee....................................................................................................HB 164 Staggered registration; certain counties..........................................................................HB 448 Staggered registration; late penalty.................................................................................HB 105 State Defense Force; special tags......................................................................................SB 311
LICENSES (Also, see named license) Alcoholic beverages; in-room sales by hotel...................................................................HB 227 Auctioneers; regulation ......................................................................................................HB 300 Audio stress examiners; regulation ..................................................................................HB 837 Day-care centers; certain exemption................................................................................HB 608 Dentistry; define practice..................................................................................................HB 685 Firearms; loss of license; requirements for new permit................................................HB 612 Fishing license requirements; waiver ...................................................................................HB 6 Fishing licenses; Florida residents; certain exemption.................................................HB 451 Game and fish; certain permits; criteria for issuance.................................................HB 1010 Georgia Asbestos Safety Act; requirements....................................................................HB 463 Health; organ procurement organizations; licensing.....................................................HB 542 Hunter education course; certification............................................................................HB 489 Hunting and fishing; license fees; amend provisions.....................................................SB 107 Interior designers................................................................................................................HB 959 Librarians, State Board of Certification; termination date .........................................HB 310 Licensing boards; expense allowance...............................................................................HB 252 Marriage license; additional fee......................................................................................HB 1154 Marriage license; AIDS testing; requirements ...............................................................HB 604 Marriage license; issuance in any county.........................................................................SB 287 Military; personal identification cards; issuance ...........................................................HB 680 Mortgage brokers; licensing...............................................................................................HB 979 Motor vehicle registration; prorated fee .........................................................................HB 447 Motor vehicles; staggered registration; certain counties...............................................HB 448 Nonresident or alien wholesale fish dealer; license fees................................................SB 206 Poultry; control and prevention of diseases...................................................................HB 641 Professional counselors; licensure; examination requirements....................................HB 600 Professional Geologists, Board of Registration for; amend provisions.......................HB 383 Psychology; requirement....................................................................................................HB 135 Real estate brokers or salespersons; licenses..................................................................HB 108 Social worker; requirements..............................................................................................HB 433 Wildlife; trapping foxes .....................................................................................................HB 456
LIENS AND MORTGAGES Bad checks; present consideration; additional definitions...........................................HB 649 Businesses; altering or repairing clothing or shoes........................................................HB 835 Escrow accounts; interest..................................................................................................HB 331 Filing requirements............................................................................................................HB 713 Foreclosure and executions; amend provisions...............................................................SB 366

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INDEX

LIENS AND MORTGAGES (Continued) Insurance premiums and taxes; timely payment...........................................................HB 980 Mortgage brokers; licensing...............................................................................................HB 979
LIEUTENANT GOVERNOR Inauguration.........................................................................................................................Page 65 Communications......................................................................................................Pages 136, 137
LIFE INSURANCE Corporations; insure certain employees without consent .............................................HB 954 Debtor coverage; maximum...............................................................................................HB 553 Group life insurance policies; delete certain requirements...........................................SB 361 Guardian for certain beneficiary; authority to contract ................................................SB 300 Merit System; certain insurance contracts; jurisdiction...............................................HB 560 Rates; regulation..................................................................................................................SB 218 Retirement benefits; beneficiary change; notify spouse...................................................HB 4
LILBURN, CITY OF; filling vacancies; governing authority ......................................HB 368
LINCOLN COUNTY HIGH SCHOOL RED DEVILS FOOTBALL TEAM; invite to House ..........................................................................HR 170
LINDSEY, CHARLES H.; commend .............................................................................HR 260
LINWOOD, TOWN OF; elections.....................................................................................SB 184
LITTER CONTROL; penalty ............................................................................................SB 151
LIVESTOCK; fees for impounding...................................................................................HB 826
LOANS Bad checks; amend certain immunity provision............................................................HB 634 Banking and Finance, Department of; required notice................................................HB 283 Business development corporations; loans......................................................................HB 720 Credit Card and Credit Card Bank Act; enact...............................................................SB 254 Financial institutions; amend provisions .........................................................................SB 220 Industrial loans; license applicant; advertisement.........................................................HB 379 Mortgage brokers; licensing...............................................................................................HB 979 Student loans and scholarships; amend certain provisions..........................................HB 807 Student loans; residency requirement; amend ...............................................................HB 809 Taxation; domesticated foreign corporations; definition..............................................HB 724
LOBBYING Certain written authorization ............................................................................................SB 345 Communications from Secretary of State..........................................Pages 142, 181, 365, 659, 880, 1197, 1609, 1959, 2642 Courts; continuances; certain registered agents...........................................................HB 1161
LOCAL GOVERNMENTS (Also, see Counties or Municipalities) Airports; counties and municipalities register as operators .........................................HB 942 Alcoholic beverages; certain counties and municipalities; Sunday sales....................HB 812 Alcoholic beverages; certain violations; municipal court jurisdiction.........................HB 289 Alcoholic beverages; furnish to minors; municipal court jurisdiction .........................SB 141 Alcoholic beverages; sales by drink; referendum requirement .....................................SB 283 Animal Protection Act; amend provisions ....................................................................HB 1150 Annexation; certain counties; population classification..................................................HB 66 Annexation; zoning plans; population classification........................................................HB 77 Area Planning and Development Commission; certain annual assessments...............HB 80 Area Planning and Development Commissions; review................................................HB 281 Atlanta, City of; binding contracts; code reference..........................................................SB 85 Atlanta, City of; contract exceeding 50 years; mayor's authorization.........................SB 263

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2723

LOCAL GOVERNMENTS (Also, see Counties or Municipalities) (Continued) Audits; alternative reports.................................................................................................HB 178 Certain bonds; state plan of allocation ...........................................................................HB 619 Community Affairs, Department of; grants to counties and municipalities; authorization.......................................................................................HB 1036 Community affairs; rural economic development plan.................................................HB 148 Contractors; bid bonds.......................................................................................................HB 636 Contracts; bids ....................................................................................................................HB 606 Contracts for lock box system..........................................................................................HB 698 Counties and municipalities; bonds; legal fees...............................................................HB 273 Counties and municipalities; land use plans; zoning power - CA.................................HR 44 Counties and municipalities; multiyear agreements......................................................HB 256 Counties and municipalities; multiyear contracts; enact general law - CA.................HR 63 Counties; board of commissioners; requirement..............................................................HB 88 Counties; certain property sales at fair market value...................................................HB 538 Counties; employment benefits; provide..........................................................................SB 102 DeKalb and Fulton Counties; zoning procedures; amend............................................HB 910 Development authorities; dispose of property at fair-market value...........................HB 953 Disposition of unclaimed property; certain exceptions...................................................HB 69 Disturbing burial places; requirements...........................................................................HB 949 Fines; payment into municipal treasury.........................................................................HB 116 George L. Smith II Georgia World Congress Center Authority; convention and trade show facilities .........................................................................HB 1035 Insurance; premium taxes; date of collection...............................................................HB 1160 Interlocal risk management agencies; definition............................................................HB 246 Investment pool; bond proceeds.........................................................................................HB 45 Land Information System Joint Study Committee; create.............................................SR 92 Land use planning and development...............................................................................HB 330 Law enforcement officers; injured in line of duty; compensation...............................HB 876 Law enforcement; certain assistance; liability of state.................................................HB 446 Law libraries; costs collected in recorder's court............................................................SB 176 Local boards of education and county and municipal governing authorities; membership; election ................................................................................HB 345 Motor vehicle insurance; certain benefits; reduction....................................................HB 613 Municipal court, traffic fines; paid to municipalities.....................................................HB 68 Municipal elections; uniform date ...................................................................................HB 202 Municipal Gas Authority of Georgia; create ..................................................................HB 328 Municipal property; sale by bid; exception....................................................................HB 521 Municipalities; annexation................................................................................................HB 364 Municipalities; removal of parked vehicles; population classification ........................SB 282 Municipalities; retirement or pension; right of participation......................................HB 616 Municipalities; water and sewer services; responsibility ..............................................HB 773 Officials; vacancy requirements.........................................................................................SB 170 Open meetings.....................................................................................................................HB 215 Pari-mutuel wagering; local referendum - CA .................................................................HR 45 Prisoners; medical costs; reimbursement to counties ......................................................SB 39 Quality Basic Education; fair share funds....................................................................HB 1152 Redevelopment Powers Law; amend...............................................................................HB 561 Resource Recovery Development Authorities; sales of energy .....................................SB 336 Revenue bonds; "undertaking"; amend definition........................................................HB 936
Rural Economic Development Law; enact.......................................................................SB 191
Special county sales tax; cultural, recreational or historic facilities............................................................................................................HB 1136
Tax returns; confidential information; furnish to certain persons .............................HB 118
Torts; injury resulting from criminal act on public property; prohibit action..................................................................................................SB 68
Trash dumping; boundaries; prohibitions..........................................................................SB 33

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INDEX

LOCAL GOVERNMENTS (Also, see Counties or Municipalities) (Continued) Workers' compensation; include county officials...........................................................HB 342 Zoning; certain campaign contributions; disclosure ......................................................HB 113 Zoning power.......................................................................................................................HB 701 Zoning procedures; injunctive relief...............................................................................HB 1168 Zoning Procedures Law; amend .......................................................................................HB 520 Zoning Procedures Law; amend .......................................................................................HB 572 Zoning proposal review; certain counties and municipalities ......................................HB 571
LOGAN, HUGH;commend................................................................................................HR 195
LOGAN, THOMAS A.; commend....................................................................................HR 305
LOPEZ, NANCY; commend ..............................................................................................HR 230
LOTTERY Delete prohibition provision - CA....................................................................................HR 299 State lottery; provide .........................................................................................................HB 204 State lottery; provide - CA..................................................................................................HR 54
LOUISVILLE, CITY OF; Louisville-Jefferson County; coroner; eligibility for municipal office...........................................................................HB 832
LOVE, J. ERSKINE, JR.; condolences...........................................................................HR 444
LOWDER, SAM; commend ...............................................................................................HR 399
LOWNDES COUNTY School superintendent; appointment...............................................................................HB 259 Valdosta-Lowndes County Airport Authority; establish..............................................HB 893
LUMPKIN COUNTY; school superintendent; appointment.......................................SB 217

M
MACON, CITY OF Macon-Bibb County Water and Sewerage Authority; executions; issuance...............SB 252 Macon-Bibb County Water and Sewerage Authority; members; compensation........SB 251
MAGISTRATE COURTS Appeals..................................................................................................................................SB 200 Bad checks; jurisdiction.......................................................................................................HB 76 Bad checks; jurisdiction......................................................................................................SB 195 Certain jurisdiction.............................................................................................................HB 220 Chief magistrate; election...................................................................................................SB 194 Civil actions; attorney's fees ..............................................................................................SB 196 Civil court judge pro tempore; serve as magistrate pro tempore................................HB 585 Extradition; jurisdiction .....................................................................................................SB 201 Fulton County; state and magistrate courts; special fund............................................SB 253 Jurisdiction...........................................................................................................................SB 199 Law library fees ....................................................................................................................HB 15 Magistrates; exemption from weapons prohibitions......................................................HB 343 Magistrates; practice of law; amend provisions................................................................SB 44 Office of the clerk; qualifications.....................................................................................HB 398 Officers' commission............................................................................................................SB 198 State authorities; violations of ordinances.......................................................................SB 131 Writs of execution; fees.......................................................................................................HB 16
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2725

MAGNUS, KEN; commend ...............................................................................................HR 153
MALT BEVERAGES (Also, see Alcoholic Beverages and Alcoholism) Alcohol content ...................................................................................................................HB 199 Alcohol content; tax exemption........................................................................................HB 180 Excise tax.............................................................................................................................HB 758 Home production; regulation ............................................................................................HB 272
MANN, REVEREND J. F.; commend............................................................................HR 415
MARIETTA, CITY OF Corporate limits ..................................................................................................................HB 171 Deannex and exclude certain property .........................................................................HB 1143
MARIJUANA Abuse by child; reports.......................................................................................................SB 121 Controlled substances; trafficking; penalty ....................................................................HB 248 Drug trafficking; penalty ...................................................................................................HB 101 Production; felony ................................................................................................................HB 22 Trafficking and possession; amend provisions ...............................................................HB 767 Trafficking; weight provisions ..........................................................................................HB 922 Unlawful to be in room where being used......................................................................HB 251
MARRIAGE (Also, see Domestic Relations) Children's Trust Fund Commission; establish................................................................SB 159 Common law marriage; validity........................................................................................HB 952 Criminal trespass; spouse's intentional damage to property.....................................HB 1178 Evidence; husband and wife; witnesses..............................................................................SB 34 License; additional fee.....................................................................................................HB 1154 License; issuance in any county ........................................................................................SB 287 Marriage license; AIDS testing; requirements ...............................................................HB 604 Professional counselors; licensure; examination requirements ....................................HB 600 Professional Counselors, Social Workers, and Marriage and Family Therapists; privileged communications..................................................HB 393
MARSHALLVILLE, TOWN OF; new charter..............................................................SB 299
MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) Board of directors meet with local governing bodies....................................................HB 733 Conform certain committee designations..........................................................................HR 53 Construction of certain projects; funds ...........................................................................HB 243 Future completion and operation of additional rail system ........................................HB 699
MASTERS, ANITA; commend.........................................................................................HR 163
MASTERS, RONNIE;honor............................................................................................HR 120
MATTHEWS, HONORABLE ROBERT CHAPPELLE; condolences ...................HR 70
MAULDIN, MILTON REESE AND ADDIE SHAW; commend family .............HR 111
MCDONALD, MORRIS L.; commend...........................................................................HR 377
MCDUFFIE COUNTY Board of commissioners; compensation...........................................................................HB 711 Board of education; election; extend - CA......................................................................HB 316
MCINTOSH COUNTY; bonded indebtedness; educational purposes; extend - CA........................................................................................................HB 617
MCQUIG, DR. JAMES L., SR.; commend....................................................................HR 519
MEADOWS, MELLY AND CHIP BOLING; Scarlett and Rhett look-alikes......HR 489

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INDEX

MEDAL OF HONOR; commend Georgia recipients.....................................................HR 349
MEDICAL PRACTICE (See Physicians and Osteopaths)
MEETINGS Deceptive practice; false reasons for seminar or meeting...............................................SB 52 Republican National Convention 1988, relative to..........................................................HR 52 State and local government; open meetings...................................................................HB 215
MENTAL HEALTH Alcohol and drug abuse; allocate money for treatment programs - CA ......................HR 13 Comprehensive treatment of alcoholics; effective date.................................................HB 965 Crimes and offenses; mentally retarded persons; responsibility .................................HB 878 Criminal prosecutions; limitations; certain offenders.....................................................HB 33 Guardianship hearings; compensation; certain attorneys.............................................HB 371 Guardianships; probate judge; custodian of certain funds...........................................HB 586 Guardians; mentally ill persons; workers' compensation...............................................SB 187 Homelessness in Georgia Study Committee; create......................................................HR 214 House Children's Mental Illness Study Committee; create.........................................HR 342 Joint Study Committee on Community Services for the Mentally Disabled .............HR 10 Mentally ill, alcoholic or drug dependent person; outpatient treatment......................SB 24 Mentally ill persons; release of certain information; immunity..................................HB 152 Special Study Committee on the Problems of Homeless in Georgia; create .............SR 184 Workers' compensation; guardians; certain persons ......................................................SB 188
MERIT SYSTEM (Also, see State Employees or State Government) Certain insurance contracts; jurisdiction ........................................................................HB 560 Employee hearings; representation....................................................................................HB 83 Personnel Board; employee assistance program...............................................................SB 14 Personnel Board; urge hiring of certain handicapped persons......................................HR 92
MERIWETHER COUNTY Board of commissioners; compensation...........................................................................HB 567 Board of commissioners; compensation...........................................................................HB 568
MICHAEL, HERMAN; condolences ...............................................................................HR 261
MILITARY AFFAIRS Boats; numbering system; certain exception..................................................................HB 239 Emergency management; local organizations; repeal state grants ..............................HB 404 Employees' Retirement; certain credit............................................................................HB 110 Employees' Retirement; certain military service; credit...............................................HB 822 Georgia War Veterans Cemetery; establish....................................................................HB 727 Georgia War Veterans Cemetery; establish.....................................................................SB 359 Income tax exemption; military or federal government retirement...........................HB 299 Joel E. Scott Building at Georgia War Veterans Nursing Home ...............................HR 298 License plates; special tags for Pearl Harbor survivors................................................HB 429 Military duty; officials and employees; compensation..................................................HB 402 Military duty; public officials and employees; compensation.......................................SB 182 Military scholarship; eligibility requirements................................................................HB 174 Museum of Aviation; establish at Robins Air Force Base...........................................HR 118 North Georgia College military scholarships; selection ................................................HB 401 North Georgia College military scholarships; selection................................................HB 450 Personal identification cards; issuance............................................................................HB 680 State Defense Force; special license plates......................................................................SB 311 Teachers Retirement; military school service; credit....................................................HB 725
MILLEDGEVILLE, CITY OF; corporate limits...........................................................SB 174
MINERAL RESOURCES; sales tax exemption; certain materials used in manufacturing items from granite....................................................HB 532

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2727

MINORS Abortions; Parental Notification Act................................................................................SB 229 Adoption; certain affidavit; waive requirement.............................................................HB 235 Adoption; certain affidavit; waive requirement................................................................SB 43 Adoption; provide information regarding birth parents..................................................SB 63 Aggravated violence; distribution of representations to minors..................................HB 197 Alcoholic beverage sales; persons under 21 years; prohibitions................................HB 1181 Alcoholic beverages; certain violations; municipal court jurisdiction.........................HB 289 Alcoholic beverages; furnish to minors; municipal court jurisdiction .........................SB 141 Alimony and child support; dependent child; definition............................................HB 1174 Child abuse; juvenile court judge approve shelter care..........................................--HB 501 Child abuse; protocol for county agencies......................................................................HB 913 Child abuse; reporting requirements...............................................................................HB 415 Child custody; removal of child from state; requirements.........................................HB 1177 Child custody; visitation rights; residency requirements .............................................HB 964 Child Pornography Study Committee; create................................................................HR 127 Children and Youth Study Committee; create................................................................HR 19 Children's Services Commission; create..........................................................................HB 192 Children's Trust Fund Commission; establish................................................................SB 159 Civil practice; medical malpractice; amend provisions......................................................SB 2 Community service for delinquent acts ...........................................................................SB 162 Controlled substance or marijuana abuse by child; reports..........................................SB 121 Controlled substances; distribution to minors; penalty.--..............................................HB 96 Controlled substances; distribution to minors; penalty.--............................................HB 103 Criminal procedure; aggravated child molestation; bail requirements.......................HB 714 Criminal prosecutions; limitations; certain offenders.....................................................HB 33 Day-care centers; records checks of employees..............................................................HB 742 Day-care centers; regulations.....................................................................................--.......SB 96 Death penalty; persons under 18; prohibitions..............................................................HB 777 Driver's license; minimum age after certain convictions............................................HB 1166 Evidence; offense against minor; spouse's testimony....................................................HB 181 Felony conviction; persons under 18 serving sentence..................................................SB 301 Georgia Youth Conservation Corps; establish..................................................................HB 82 Guardianships; probate judge; custodian of certain funds...........................................HB 586 Homicide of a child; award of judgment.........................................................................HB 203 House after School Care Program Study Committee; create........................................HR 14 House Children's Mental Illness Study Committee; create.........................................HR 342 House Teenage Pregnancy Study Committee; create.....................................................HR 15 Income tax; child care and household expenses; credit............................................--.HB 671 Income tax; contribution of property to certain youth organization; credit.........................................................................................................HB 999 Income tax; special needs child; exemption ...................................................................HB 672 Insurance; authority to contract; guardian for certain beneficiary..............................SB 300 Joint Adoption Study Committee; create........................................................................ SR 109 Juvenile proceedings; certain traffic offenses; jurisdiction...........................................HB 290 Juvenile proceedings; certain traffic or waterways offenses; jurisdiction........................................................................................................SB 147 Juvenile proceedings; definition of child ........................................................................HB 870 Juvenile proceedings; felony acts; definition--................................................................SB 215 Juvenile proceedings; jurisdiction....................................................................................... SB 20 Juvenile proceedings; program of state subsidies.............................................................SB 89 Minors engaging in sexual conduct; unlawful depictions.............................................HB 223
Missing Children Information Center; age definition................................................... HB 228
Missing child report; notification.....................................................................................HB 891
Motor vehicles; child restraint; requirements..................................................................HB 71
Motor vehicles; seat belts.....................................................................................................SB 29
Offender tried as adult; age limit.-............................-.................................----........HB 640

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2728

INDEX

MINORS (Continued) Schools; age for enrollment .................................................................................................HB 39 Sexual exploitation of children; amend Code provisions..............................................HB 454 Sexual offenses; age of consent...........................................................................................HB 41 Sexual offenses; age of consent .............................................................................................SB 5 Sexual offenses; exploitation of child; forfeiture of profits..........................................HB 179 Sexual offenses; penalties..................................................................................................HB 189 Tattoo; prohibitions ............................................................................................................SB 112 Tobacco products; regulate sales......................................................................................HB 695 Tobacco products; sales prohibitions...............................................................................HB 139 Tobacco products; sales prohibitions...............................................................................HB 142 Torts; persons who furnish alcoholic beverages to minors.........................................HB 1123 Torts; wrongful death of parent; action by child ...........................................................SB 259 Workers' compensation; guardians; certain persons ......................................................SB 188 Youth and Violence Study Committee; create.................................................................HR 22
MITCHELL COUNTY; school superintendent; appointment ....................................HB 453
MITCHELL, JOHN H., SR.; commend...........................................................................HR 73
MO-JOE'S RESTAURANTS; commend.......................................................................HR 380
MOBILE HOMES Ad valorem tax....................................................................................................................HB 823 Ad valorem tax; definition ................................................................................................HB 700 Motor vehicle certificate of title; requirements ...........................................................HB 1114 Transportable housing; dispossessory proceedings........................................................HB 291
MOBLEY, MATTHEW PAUL; compensate ..................................................................HR 17
MONROE COUNTY Board of commissioners; create ........................................................................................HB 925 Homestead exemption; extend - CA................................................................................HB 973
MOORE, DUDLEY L.; commend....................................................................................HR 497
MORGAN COUNTY Development Authority; extend - CA..............................................................................HB 529 Tax levy for assisting industrial development; extend - CA........................................HB 295
MORROW, CITY OF; mayor and councilmen; change terms of office......................HB 992
MORTON, TAMARA GAYLE; commend ....................................................................HR 237
MORVEN PRIMARY SCHOOL; commend ................................................................HR 395
MOSELEY, J. BROWN; compensate..............................................................................HR 108
MOSLEY, LORENZO, JR.; commend............................................................................HR 466
MOTION PICTURE ASSOCIATION OF AMERICA; commend........................HR 492
MOTOR CARRIERS Annual reports; regulation.................................................................................................HB 418 Certain trucks and mixers; definitions............................................................................HB 292 License fees; certain van-type vehicles used for hire....................................................HB 162 Public Service Commission enforcement personnel; citations.....................................HB 967 Vehicles for hire; certain exemption................................................................................HB 743 Vehicle transporting forest products ...............................................................................HB 859 Workers' compensation; common carriers; certain exception......................................HB 282
MOTOR FUEL AND ROAD TAX (Also, see Gas, Gasoline and Gas Service or Motor Vehicles and Traffic) Agricultural aircraft; exemption.......................................................................................HB 790

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2729

MOTOR FUEL AND ROAD TAX (Also, see Gas, Gasoline and Gas Service or Motor Vehicles and Traffic) (Continued) Change rate............................................................................................................................HB 65 County excise tax; imposition...........................................................................................HB 518 Motor fuel tax proceeds; allocation - CA........................................................................HR 455 Quarterly and annual reports ...........................................................................................HB 419 Rate.......................................................................................................................................HB 440 Rate change.........................................................................................................................HB 318 Refunds................................................................................................................................HB 420
MOTOR VEHICLE ACCIDENT INSURANCE Annual reports; certain requirement ................................................................................SB 134 Annual reports; requirement.............................................................................................HB 394 Certain exclusions...............................................................................................................HB 726 Certain persons; exemption...............................................................................................HB 983 Correlation of benefits; certain health plans..................................................................HB 613 Coverage for earnings; retired persons...............................................................................SB 31 Driving without proof; penalty.........................................................................................HB 274 Maximum coverage; notification of price........................................................................HB 588 Non-payment of premium.................................................................................................HB 313 Nonrenewal of certain types of policies; filing requirements ....................................HB 1031 Premiums; regulation.........................................................................................................HB 168 Proof; amend provisions......................................................................................................HB 70 Rates; regulation..................................................................................................................SB 218 Revise requirements...........................................................................................................HB 673 State owned vehicles..............................................................................................................HB 5 Uninsured Motor vehicle; seizure after certain convictions.......................................HB 1167
MOTOR VEHICLES AND TRAFFIC Abandonment; waive certain notice.................................................................................HB 658 Alcohol and drug safety course; license requirement..................................................HB 1133 Alcoholic beverages; consumption while driving............................................................HB 635 Antique automobiles; ad valorem tax; maximum value - CA......................................HR 240 Bailments; garage or parking lots; security requirements.............................................SB 171 Bumper stickers; prohibitions...........................................................................................HB 172 Capitol Hill Master Plan Commission; create................................................................SR 147 Certificate of title; mobile homes; requirements.........................................................HB 1114 Certificate of title; rebuilt vehicles ..................................................................................HB 530 Certificate of title; salvaged or rebuilt vehicle...............................................................HB 159 Certificate of title; three-wheeled or all terrain vehicles; exemption.........................HB 867 Child restraint; requirements..............................................................................................HB 71 Civil Air Patrol; special tags.............................................................................................HB 919 Consumption of alcoholic beverages while driving........................................................HB 674 Driver improvement clinics; alcohol and drug courses; fees...........................................SB 45 Driver's license; habitual violators; amend provision....................................................HB 266 Driver's license; minimum age after certain convictions............................................HB 1166 Driver's license; suspension or revocation; failure to pay certain fine ........................................................................................................HB 1023 Driver's license; written exam; date requirement...........................................................SB 117 Driving under the influence; chemical tests; amend provisions..................................HB 793 Driving under the influence; convictions; parallel federal laws .....................................SB 77 Driving under the influence; fines; prohibit installment payments............................HB 675 Driving under the influence; license reinstatement; requirements...............................HB 50 Driving under the influence; refusal to submit to chemical test; report ......................SB 92 Driving under the influence; serious injury by vehicle; penalty..................................HB 796 Driving under the influence; standards for chemical tests...........................................SB 317 Driving under the influence; violations in other jurisdictions.......................................HB 37 Emergency medical services systems; support from certain funds...........................HB 1009

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2730

INDEX

MOTOR VEHICLES AND TRAFFIC (Continued) Emergency medical services systems; support from certain funds - CA ...................HR 323 Emission inspection; fees...................................................................................................HB 380 Equipment; annual inspection; certain vehicles...............................................................HB 75 Fleeing or eluding an officer; penalty..............................................................................HB 360 Funeral Procession Act; enact..........................................................................................HB 437 Gasoline stations; handicapped permits; dispense at self-service price .....................HB 385 Handicapped parking; designation; erect signs...............................................................SB 266 Handicapped parking; signs and markings; designation requirements......................HB 911 Handicapped persons; permits; dispense gas at self-service prices ............................HB 460 Highways; length of certain vehicles; designation of signs ...........................................SB 368 Highways; length of vehicle; special permits..................................................................HB 170 Highways; length of vehicles transporting boats...........................................................HB 129 Highways; length of vehicles transporting boats...........................................................HB 130 Highways; speed detection devices; remove certain prohibition.................................HB 792 Highways; trucks travel in certain lanes.........................................................................HB 399 Highways; vehicles transporting boats; permits.............................................................HB 445 Highways; weight and load; enforcement........................................................................HB 849 Highways; weight and load of vehicles; pick-up and delivery......................................SB 357 House Motor Truck Safety Study Committee; create..................................................HR 292 Hunting deer at night from vehicle or boat; prohibitions............................................HB 637 Insurance; certain exclusions ............................................................................................HB 726 Insurance; certain persons; exemption............................................................................HB 983 Insurance; certain state owned vehicles..............................................................................HB 5 Insurance; certificates of self-insurance........................................................................HB 1030 Insurance; coverage for earnings; retired persons.............................................................SB 31 Insurance; driving without proof; penalty......................................................................HB 274 Insurance; maximum coverage; notification of price.....................................................HB 588 Insurance; non-payment of premium ..............................................................................HB 313 Insurance; proof; amend provisions...................................................................................HB 70 Insurance; revise requirements.........................................................................................HB 673 Juvenile proceedings; certain offenses; jurisdiction.......................................................HB 290 Juvenile proceedings; certain traffic or waterways offenses; jurisdiction........................................................................................................SB 147 Juvenile traffic offenses; definitions................................................................................HB 314 License fees; certain van-type vehicles used for hire....................................................HB 162 License plates; bicentennial tags; invalid after 1989.....................................................HB 160 License plates; civilian internees; special tags...............................................................HB 347 License plates; Georgia Southwestern College.................................................................HB 63 License plates or decals; mailing fee...............................................................................HB 811 License plates; rental trailers............................................................................................HB 163 License plates; special tags for Pearl Harbor survivors................................................HB 429 License plates; special tags; transfer fee.........................................................................HB 164 License plates; State Defense Force; special tags...........................................................SB 311 Local law enforcement; driving records; dissemination................................................HB 405 Local law enforcement; speed detection devices............................................................HB 425 Merchant parking areas; certain trespass.......................................................................HB 166 Military; personal identification cards; issuance ...........................................................HB 680 Motor carriers; annual reports; regulation......................................................................HB 418 Motor carriers; certain trucks and mixers; definitions.................................................HB 292 Motor carriers; vehicles for hire; certain exemption.....................................................HB 743 Motor carriers; vehicle transporting forest products ....................................................HB 859
Motor fuel; county excise tax; imposition.......................................................................HB 518
Motor fuel; retail sales; sign requirement...;...................................................................HB 438
Motor fuel tax; change rate.................................................................................................HB 65
Motor fuel tax; quarterly and annual reports................................................................HB 419
Motor fuel tax; rate............................................................................................................HB 440

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2731

MOTOR VEHICLES AND TRAFFIC (Continued) Motor fuel tax; rate change...............................................................................................HB 318 Motorcycles; operators wear headsets or headphones.....................................................HB 51 Motorcycles; proof of insurance..........................................................................................HB 72 Municipalities; removal of parked vehicles; population classification ........................SB 282 Off-road recreational vehicles; safety requirements......................................................HB 666 Paine College; special tags...............................................................................................HB 1079 Persons attempting to elude police; penalty ...................................................................SB 150 Raised chassis; definition ..................................................................................................HB 821 Registration and licensing; penalty for non-compliance...............................................HB 229 Registration application; false statement........................................................................HB 161 Registration; certain counties; date.................................................................................HB 397 Registration; prorated fee..................................................................................................HB 447 Safety and equipment inspection.......................................................................................HB 81 Sales tax; applicability.......................................................................................................HB 664 Savannah State College; special license plates...............................................................HB 587 Savannah State College; special license plates ...............................................................SB 344 School buses; lights; requirement........................................................................................SB 90 School buses; recreational activities; authorization.....................................................HB 1011 Seat belts; encourage use.....................................................................................................HR 80 Seat belts; minors..................................................................................................................SB 29 Seat belts; requirement......................................................................................................HB 751 Seat belts; requirement.........................................................................................................SB 64 Seat belts; requirements........................................................................................................HB 8 Shriners; special tags.............................................................................................................SB 37 Special license plates; Agnes Scott College ......................................................................HB 67 Special license plates; Augusta College...........................................................................HB 873 Special license plates; Medical College of Georgia........................................................HB 874 Speed limits on highways..................................................................................................HB 652 Speed limits on highways ..................................................................................................HB 632 Staggered registration; certain counties..........................................................................HB 448 Staggered registration; late penalty.................................................................................HB 105 State Patrol; make available certain training vehicles .................................................HB 294 Traffic offenses; jury trial; withdrawal of waiver............................................................HB 30 Traffic sentences; modify judgment ................................................................................HB 136 Transportation of animals; requirements .......................................................................HB 772 Truck-tractors; tire covers; exemption ............................................................................HB 367 Uninsured motor vehicle; seizure after certain convictions .......................................HB 1167 Used Car Dealers' Registration; board administer examination .................................HB 576 Violations; fees for transmitting reports..........................................................................SB 173 Warranties; new motor vehicles........................................................................................HB 631 Weight and load of vehicles on highways; permits .......................................................HB 104 Weight and load of vehicles on highways; refrigerated vehicles .................................HB 231
MOULTRIE, CITY OF; corporate limits; voting procedures......................................HB 958
MOUNT VERNON BOYS BASKETBALL TEAM; commend.............................HR 459
MOVIES Motion Picture Association of America; commend .......................................................HR 492 Video movies; display of official rating...........................................................................HB 198
MT. BETHEL ELEMENTARY SCHOOL; commend ..............................................HR 364
MUNICIPALITIES (Also, see Local Governments or named Municipality) Airports; counties and municipalities register as operators.........................................HB 942 Alcoholic beverages; certain counties and municipalities; Sunday sales....................HB 812 Alcoholic beverages; certain violations; municipal court jurisdiction.........................HB 289 Alcoholic beverages; furnish to minors; municipal court jurisdiction .........................SB 141

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2732

INDEX

MUNICIPALITIES (Also, see Local Governments or named Municipality) (Continued) Alcoholic beverages; in-room sales by hotel...................................................................HB 227 Alcoholic beverages; sales by drink; referendum requirement.....................................SB 283 Animal Protection Act; amend provisions....................................................................HB 1150 Annexation...........................................................................................................................HB 364 Annexation; certain counties; population classification..................................................HB 66 Area Planning and Development Commission; certain annual assessments...............HB 80 Area Planning and Development Commissions; review................................................HB 281 Atlanta, City of; contract exceeding 50 years; mayor's authorization.........................SB 263 Bonds; legal fees..................................................................................................................HB 273 Civil court judge pro tempore; serve as magistrate pro tempore................................HB 585 Code of ethics; officers and employees; certain municipalities .................................HB 1172 Community Affairs, Department of; grants to counties and municipalities; authorization...............................................................................HB 1036 Contractors; bid bonds.......................................................................................................HB 636 Contracts; bids....................................................................................................................HB 606 Contracts; certain liability...............................................................................................HB 1179 Contracts for lock box system..........................................................................................HB 698 Coroners; municipal officials; authorization to serve....................................................HB 452 DeKalb and Fulton Counties; zoning procedures; amend............................................HB 910 Development authorities; dispose of property at fair-market value...........................HB 953 Disturbing burial places; requirements...........................................................................HB 949 Driver's license; suspension or revocation; failure to pay certain fine ........................................................................................................HB 1023 Elections; absentee voting; definitions............................................................................HB 421 Elections; uniform date.....................................:................................................................HB 202 Financial institutions; state and local taxation..............................................................HB 642 Fines; payment into treasury............................................................................................HB 116 George L. Smith II Georgia World Congress Center Authority; convention and trade show facilities .........................................................................HB 1035 Governing authority; election when all seats vacant.....................................................HB 184 Interlocal risk management agencies; definition............................................................HB 246 Joint county and municipal sales tax; define population...............................................HB 93 Land use planning and development...............................................................................HB 330 Land use plans; zoning power - CA...................................................................................HR 44 Law enforcement; certain assistance; liability of state .................................................HB 446 Law enforcement officers; injured in line of duty; compensation...............................HB 876 Local boards of education and county and municipal governing authorities; membership; election ................................................................................HB 345 Local government investment pool; bond proceeds........................................................HB 45 Local governments; audits; alternative reports..............................................................HB 178 Local governments; certain bonds; state plan of allocation.........................................HB 619 Local law enforcement; driving records; dissemination ................................................HB 405 Local law enforcement; speed detection devices............................................................HB 425 Multiyear agreements.........................................................................................................HB 256 Multiyear contracts; enact general law - CA....................................................................HR 63 Municipal courts; certain municipalities; jurisdiction.................................................HB 1173 Municipal courts; jurisdiction; shoplifting......................................................................HB 265 Municipal courts; prohibit trying cases of marijuana production.................................HB 22 Municipal courts; traffic fines; paid to municipalities....................................................HB 68 Municipal Gas Authority of Georgia; create ..................................................................HB 328 Municipal property; sale by bid; exception....................................................................HB 521
Open meetings.....................................................................................................................HB 215
Peace officers; exempt certain retirement income.........................................................HB 656
Peace officers; minimum salary.........................................................................................SB 155
Redevelopment Powers Law; amend...............................................................................HB 561
Removal of parked vehicles; population classification ..................................................SB 282

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2733

MUNICIPALITIES (Also, see Local Governments or named Municipality) (Continued) Retirement or pension; right of participation ................................................................HB 616 Road defects; repeal liability ............................................................................................HB 213 Solid waste disposal sites; permits; restrictions .............................................................HB 862 Special sales tax; counties and municipalities; water and sewer projects..........................................................................................................HB 479 Tax returns; confidential information; furnish to certain persons .............................HB 118 Torts; injury resulting from criminal act on public property; prohibit action ..................................................................................................SB 68 Traffic violations; fees for transmitting reports .............................................................SB 173 Trash dumping; boundaries; prohibitions..........................................................................SB 33 Urban Residential Finance Authorities Act for Large Municipalities; amend.....................................................................,.................................SB 83 Water and sewer services; responsibility.........................................................................HB 773 Workers' compensation; self-insurance fund..................................................................HB 245 Zoning; certain campaign contributions; disclosure ......................................................HB 113 Zoning procedures; injunctive relief...............................................................................HB 1168 Zoning Procedures Law; amend .......................................................................................HB 520 Zoning Procedures Law; amend .......................................................................................HB 572 Zoning proposal review; certain counties and municipalities ......................................HB 571
MURDOCK ELEMENTARY SCHOOL; commend ..................................................HR 363
MURPH, IGNATIUS FEW "NASH"; condolences ....................................................HR 273
MURPHY, HONORABLE THOMAS B. Commend.............................................................................................................................HR 456 Wish happy birthday .........................................................................................................HR 524
MURRAY COUNTY Board of education; election .............................................................................................HB 534 Board of education; extend - CA .....................................................................................HB 533
MURRAY, ENNIS; condolences ......................................................................................HR 352
MUSCOGEE COUNTY Board of education; composition.......................................................................................SB 186 Judge of probate court; compensation ............................................................................HB 941 Municipal Court of Columbus and Muscogee County; chief magistrate; compensation ..............................................................................................HB 806 State court; additional judge.............................................................................................HB 805
MUSIC; Arts Development Fund; create - CA...................................................................SR 23

N
NAIL'S CREEK BAPTIST CHURCH; bicentennial anniversary ...........................HR 184 NAPIER, HONORABLE VIOLA ROSS; portrait in capital .....................................HR 25 NARCOTICS (See Drugs and Drug Dependency) NATIONAL COUNSELORS WEEK; designate February 1 through 7, 1987 .......HR 136 NATIONAL GUARD
Commend.............................................................................................................................HR 145 Commend................................................................................................................................SR 67 Emergency management; local organizations; repeal state grants ..............................HB 404
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INDEX

NATIONAL GUARD (Continued) Military duty; officials and employees; compensation..................................................HB 402 Military scholarship; eligibility requirements ................................................................HB 174 Public officials and employees; compensation................................................................SB 182
NELSON, EULEE C.; compensate ..................................................................................HR 266
NEWMAN, MELVIN L.; recognize.................................................................................HR 334
NEWNAN, CITY OF Board of Water, Sewerage and Light Commission; extend - CA................................HB 502 New charter; create ..........................................................................................................HB 1034
NEWTON COUNTY Board of commissioners; expense allowances.................................................................HB 933 Homestead exemptions....................................................................................................HB 1153
NIXON, E. D.; condolences.................................................................................................HR 385
NO-FAULT INSURANCE (See Motor Vehicle Accident Insurance)
NONPROFIT CORPORATIONS Torts; certain persons; liability.........................................................................................HB 798 Torts; officers and directors; liability..............................................................................HB 209 Torts; qualified immunity..................................................................................................SB 113
NONRESIDENTS Estates; nonresident executors; bond requirements......................................................HB 599 Fishing licenses; Florida residents; certain exemption.................................................HB 451 Motor vehicle insurance; certain persons; exemption...................................................HB 983 Wholesale fish dealer; license fees....................................................................................SB 206
NORCROSS, CITY OF Change corporate limits.....................................................................................................HB 589 Homestead exemption; extend - CA................................................................................HB 580
NORCROSS 76'ERS SOCCER TEAM; commend.....................................................HR 347
NORTHERN JUDICIAL CIRCUIT; judges' compensation.....................................TM 795
NORTON, MERCER BRIM; commend.........................................................................HR 116
NOTARIES PUBLIC; certification of document; certain exceptions........................HB 618
NUISANCES; cultural facility; exception.........................................................................SB 101
NURSES Health insurance; services; reimbursement....................................................................HB 334 Postsecondary Vocational Education; nursing home assistant programs ................HB 1003
NURSING HOMES Death certificates; physician's assistant; signature ........................................................SB 260 House Nursing Home Industry Study Committee; create...........................................HR 185 House Nursing Home Regulatory Coordination Study Committee; create ...............HR 187 Joel E. Scott Building at Georgia War Veterans Nursing Home ...............................HR 298 Long-term care facilities; vocational training.................................................................HR 341 Nursing homes and intermediate care facilities; penalties for violations...................................................................................................HB 665 Postsecondary Vocational Education; nursing home assistant programs ................HB 1003 Vocational training; long-term care personnel...............................................................HB 687

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2735

o

OCILLA, CITY OF; Ocilla-Irwin County Industrial Development Authority; create; extend - CA.................................................................HB 957
OCMULGEE JUDICIAL CIRCUIT Terms.........................................................................................................................................SB 4 Terms.......................................................................................................................................SB 23
OCONEE COUNTY Board of education; appoint superintendent..................................................................HB 827 Industrial Development Authority; extend - CA...........................................................HB 296
OFFENDER REHABILITATION, DEPARTMENT OF (See Penal Institutions)
OGLETHORPE COUNTY Board of commissioners; change districts.......................................................................HB 257 Board of education; election; extend - CA......................................................................HB 531 Tax commissioner's salary.................................................................................................HB 153
OGLETHORPE, CITY OF; mayor and council; term...................................................SB 329
OPTOMETRISTS Certain treatment; authorization......................................................................................HB 517 Pharmaceutical agents; prescribing................................................................................HB 1169 State Board; term...............................................................................................................HB 688 Trade names in conjunction with practice; authorization............................................HB 816
ORIGINAL FISH KING RESTAURANT; commend ..............................................HR 430
OTWELL, ELIZABETH DOWLING; commend ........................................................HR 114
OWENS, REGINALD; compensate...................................................................................HR 18

PADGETT, HAL; commend..............................................................................................HR 515
PALMER, MICKEY; compensate......................................................................................HR 42
PANNELL, LESLIE; commend.......................................................................................HR 160
PARADISE, MELANIE; commend ................................................................................HR 158
PARDONS AND PAROLES Controlled substances violations; prohibitions - CA.....................................................HR 321 Pardon or parole; requirement for release; warrantless searches................................HB 119 Pardons and Paroles, State Board of; elect membership - CA .....................................HR 26 Rescinding, revoking or failing to reinstate; evidentiary hearing ...............................HB 471 Restrictions; certain sentence - CA..................................................................................HR 129
PARENT AND CHILD Abortions; Parental Notification Act................................................................................SB 229 Adoption; certain affidavit; waive requirement.............................................................HB 235 Adoption; certain affidavit; waive requirement ................................................................SB 43 Adoption; provide information regarding birth parents..................................................SB 63 Alimony and child support; amend provisions...............................................................HB 702 Child abuse; juvenile court judge approve shelter care................................................HB 501 Child abuse; protocol for county agencies......................................................................HB 913 Child abuse; reporting requirements...............................................................................HB 415 Child custody; removal of child from state; requirements.........................................HB 1177
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2736

INDEX

PARENT AND CHILD (Continued) Child custody; visitation rights; residency requirements .............................................HB 964 Children's Trust Fund Commission; establish................................................................SB 159 Evidence; offense against minor; spouse's testimony....................................................HB 181 Homicide of a child; award of judgment.........................................................................HB 203 Illegitimate child; inheritance...........................................................................................HB 498 Income tax; child care and household expenses; credit................................................HB 671 Income tax; special needs child; exemption ...................................................................HB 672 Insurance; authority to contract; guardian for certain beneficiary..............................SB 300 Interference with custody; violation of visitation rights...............................................HB 141 Joint Adoption Study Committee; create........................................................................SR 109 Missing Children Information Center; age definition...................................................HB 228 Torts; persons who furnish alcoholic beverages to minors.........................................HB 1123 Torts; wrongful death of parent; action by child ...........................................................SB 259
PARENTS WITHOUT PARTNERS MONTH; designate March...........................SR 117
PARKER, ALBERT; commend........................................................................................HR 236
PARKER, BENNY; commend ..........................................................................................HR 448
PARKER, MR. AND MRS. BRUCE; congratulate on fiftieth anniversary ...........HR 326
PARKS, HISTORIC AREAS, AND COMMEMORATIONS Chehaw Park Authority; composition and term..........................................................HB 1058 Economic Development through Historic Preservation Committee............................SR 126 Jekyll Island-State Park Authority; add member .........................................................HB 937 Jekyll Island-State Park Authority; violations of ordinances......................................HB 741 L. L. (Pete) Phillips Conference Center; designate...........................................................HR 9 Nuisance provisions; cultural facility; exception ............................................................SB 101 Special county sales tax; cultural, recreational or historic facilities.......................................................................................................HB 1136 Special sales tax; certain cultural, recreational or historic facilities .........................................................................................................HB 740 Stone Mountain Memorial Association; alcoholic beverages; sales on premises.............................................................................................................HB 810 Toorchen, Jon; commend for painting "Courthouse Museum in Cleveland" ...........HR 486
PAULDING COUNTY Board of commissioners; chairman; compensation......................................................HB 1005 Civil Service System; employees salaries; extend - CA ................................................HB 351 Coroner; corapensation.....................................................................................................HB 1004 Coroner; repeal annual salary ...........................................................................................HB 787 Fire protection districts; levy taxes; extend - CA..........................................................HB 786 Governing authority; contracts and agreements; extend - CA ....................................HB 785 Industrial Building Authority; create; extend - CA......................................................HB 350
PAYNE, GUILFORD B.; commend................................................................................HR 311
PEACE OFFICERS (See Law Enforcement Officers and Agencies)
PEACH COUNTY Board of education; make grants to train handicapped extend - CA ........................HB 764 Board of education; power to borrow funds; extend - CA...........................................HB 763 Industrial Development Authority; tax levy; extend - CA...........................................HB 765 Redevelopment powers ....................................................................................................HB 1109
PEACHTREE CITY, CITY OF; Water and Sewerage Authority; create..............HB 1132
PENAL INSTITUTIONS A. L. "Al" Burruss Correctional Training Center; designate ........................................HR 46

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2737

PENAL INSTITUTIONS (Continued) A. L. "Al" Burruss Correctional Training Center; designate ......................................HR 146 Aggravated assault against elderly; penalty .....................................................................HB 98 Aggravated battery against elderly; penalty ...................................................................HB 102 Assault against elderly; mandatory penalty .....................................................................HB 95 Correctional institutions; personnel assist law enforcement officers...........................SB 143 Corrections Board; quorum................................................................................................SB 146 County jails; amend oath of jailer....................................................................................HB 131 Crimes and offenses; effect of repeal or amendment to law.........................................SB 230 Criminal prosecutions; limitations; certain offenders .....................................................HB 33 Drug trafficking; penalty ...................................................................................................HB 101 Felony conviction; persons under 18 serving sentence ..................................................SB 301 Firearms; persons on probation; certain prohibition.....................................................HB 466 Inmates; drugs, alcoholic beverages or weapons; unlawful possessions........................HB 17 Jails; prisoners pay certain fees; room and board .........................................................HB 848 Pardon and parole; requirement for release; warrantless searches.............................HB 119 Pardon and parole; rescinding, revoking or failing to reinstate; evidentiary hearing.......................................................................................HB 471 Pardon and parole; restrictions; certain sentence - CA................................................HR 129 Pardons and Paroles, State Board of; elect membership - CA.....................................HR 26 Prisoners; determination of communicable disease.........................................................HB 92 Prisoners; medical costs; reimbursement to counties ......................................................SB 39 Probation; county systems merge with state-wide systems .........................................HB 232 Probationer; certain over-payment; non-refundable ......................................................SB 142 Probation; residency requirements; notification.............................................................SB 144 Probation; special alternative incarceration ...................................................................HB 800 Simple assault and battery against elderly; penalty .....................................................HB 100 Simple battery against elderly; penalty ............................................................................HB 99 Statewide Probation System; former county employees; health insurance................SB 145
PENSIONS (See Retirement and Pensions)
PERRY, CITY OF Convey property..................................................................................................................HR 280 Redevelopment powers ......................................................................................................HB 211
PERSONAL CARE HOMES; long-term care facilities; vocational training ...........HR 341
PERSONS, ALLENE;compensate....................................................................................HR 56
PESTICIDES AND PEST CONTROL; torts; certain chemical products; exceptions...........................................................................................................HB 753
PETROLEUM PRODUCTS (See Gas, Gasoline and Gas Service)
PETTIT, HONORABLE HUGH BO YD "SUNDANCE", III; congratulating ...HR 397
PHARMACISTS (See Prescription Drugs and Pharmacists or Professions and Businesses)
PHILLIPS, RAYMOND PAUL; commend..................................................................HR 484
PHYSICAL THERAPISTS Physical Therapy, Board of; ethics and standards.........................................................SB 292 Programs of treatment.......................................................................................................HB 921
PHYSICIANS AND OSTEOPATHS Abortions and pregnancy counseling; informational booklets .....................................HB 694 Abortions; mandatory counseling.....................................................................................HB 645 Abortions; Parental Notification Act................................................................................SB 229 AIDS victims; notification prior to treatment .................................................................HB 35

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2738

INDEX

PHYSICIANS AND OSTEOPATHS (Continued) Ambulance service; medical technician; requirement ...................................................HB 177 Anatomical gifts; bank or storage facility; licensing.....................................................HB 541 Blood donations; certain medical regulations; prohibition...........................................HB 462 Consent for surgical or medical treatment; disclosure..................................................HB 107 Coroners; release certain medical records.......................................................................HB 133 Death certificates; physician's assistant; signature ........................................................SB 260 Donees of body organs; preference for state residents.................................................HB 660 Drugs; sales of complimentary samples; prohibitions....................................................SB 285 Emergency medical services; amend provisions..............................................................SB 315 Guardianship hearings; certain persons; fees..................................................................SB 236 Health insurance; services of registered nurse; reimbursement ..................................HB 334 Hospitals and birthing centers; midwifery; prohibitions............................................HB 1158 Hospitals; certificates of need; requirements.................................................................HB 708 Malpractice claims; board investigate fitness to practice .............................................SB 286 Medical malpractice; amend provisions...............................................................................SB 2 Medical Radiation Health and Safety Act; provide......................................................HB 143 Medical students; tort immunity.....................................................................................HB 759 Optometrists; trade names in conjunction with practice; authorization....................HB 816 Organ procurement organizations; licensing...................................................................HB 542 Prescription drugs; generic substitution; requirements.................................................SB 289 Professional health care provider; amend definition ....................................................HB 839 Torts; amend provisions.........................................................................................................SB 1
PICHE, PHILIP; commend ..............................................................................................HR 159
PICKENS COUNTY; board of education; election; extend - CA...............................HB 324
PIERCE COUNTY Board of commissioners; expense allowance ...................................................................SB 363 Industrial Development and Building Authority; extend - CA....................................SB 362 Tax commissioner ................................................................................................................SB 392
PIKE COUNTY Ad valorem tax; returned to county board of tax assessors; extend - CA..................SB 380 Water and Sewerage Authority; create............................................................................HB 298
PINKSTON, HONORABLE FRANK C.; commend..................................................HR 386
PITTS, HOWARD; commend ...........................................................................................HR 465
PLANNING (See Zoning)
PLEASANT GROVE BAPTIST CHURCH; recognize 117th anniversary............HR 482
POLK COUNTY Board of commissioners; compensation...........................................................................HB 963 Tax commissioner; compensation.....................................................................................HB 962
POLYGRAPH EXAMINERS; termination date of Board.........................................HB 583
POOLE, LORRA ANNE; commend on selection to United States Senate Youth Program.............................................................................HR 530
PORTS (See Waters, Ports and Watercraft)
POST MORTEM EXAM ACT; malpractice claims; board investigate fitness to practice ............................................................................................SB 286
POSTSECONDARY EDUCATION Authorization; certain exemptions...................................................................................HB 815

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2739

POSTSECONDARY EDUCATION (Continued) Board of Postsecondary Vocational Education; nursing home assistant programs........................................................................................................HB 1003 College Tuition Prepayment Plan Study Committee; create ......................................HR 178 Georgia Education Trust; create ......................................................................................HB 315 Long-term care facilities; vocational training.................................................................HR 341 Student loans and scholarships; amend certain provisions..........................................HB 807 Student loans; residency requirement; amend ...............................................................HB 809
POULAN, CITY OF; corporate limits.............................................................................HB 927
POWDER SPRINGS, CITY OF Corporate limits ...................................................................................................................SB 382 Downtown Development Authority; extend - CA..........................................................HB 332 Downtown Development Authority; membership..........................................................HB 333 Downtown Development Authority; membership; extend - CA...................................SB 276
PRESCRIPTION DRUGS AND PHARMACISTS Controlled substances and dangerous drugs; amend list..............................................HB 968 Drugs; sales of complimentary samples; prohibitions....................................................SB 285 Generic substitution; requirements...................................................................................SB 289 Optometrists; prescribing pharmaceutical agents........................................................HB 1169 State Board of Pharmacy; increase fines........................................................................HB 221 Torts; certain chemical products; exceptions .................................................................HB 753
PRICE, GRAD Y; condolences ...........................................................................................HR 406
PRIMARIES (See Elections)
PRINTING AND DOCUMENTS False identification documents; unlawful to possess, manufacture, sale or distribute.......................................................................................HB 14 Public records; inspection and copying; revise provisions............................................HB 214 Sales tax; certain printing materials; exemption ...........................................................HB 474 Sales tax; certain printing materials; exemption ...........................................................HB 475
PRISONS (See Penal Institutions)
PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESS Audio stress examiners; regulation ..................................................................................HB 837 Private Detective and Security Agencies; composition of Board ................................HB 493
PROBATE COURTS Appeals; powers...................................................................................................................HB 264 Certain counties; jurisdiction.............................................................................................SB 275 Chief clerk; powers.............................................................................................................HB 623 Estates; year's support; amend provisions......................................................................HB 729 Filling vacancies in office ...................................................................................................SB 170 Guardian and ward; amend code provisions ..................................................................HB 624 Guardianships; probate judge; custodian of certain funds...........................................HB 586 Judge; eligibility requirement; certain counties...............................................................HB 58 Judge; incapacity or inability; removal.............................................................................HB 57 Judge; minimum salary.......................................................................................................SB 305 Judge; office site.................................................................................................................HB 488 Judge; office site..................................................................................................................SB 223 Judge; powers.......................................................................................................................SB 208 Judge; requirements and eligibility ..................................................................................SB 274 Marriage license; additional fee......................................................................................HB 1154
PROBATION County systems; merge with state-wide systems ...........................................................HB 232

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2740

INDEX

PROBATION (Continued) Firearms; persons on probation; certain prohibition.....................................................HB 466 Probationer; certain over-payment; non-refundable......................................................SB 142 Residency requirements; notification ...............................................................................SB 144 Special alternative incarceration ......................................................................................HB 800 Statewide Probation System; former county employees; health insurance................SB 145
PROFESSIONS AND BUSINESSES Alcoholic beverages; retail sales; post certain signs.......................................................HB 431 Auctioneers; regulation ......................................................................................................HB 300 Audio stress examiners; regulation ..................................................................................HB 837 Billiard rooms; operation; amend provisions..................................................................HB 464 Board of Regents; laboratory and research facilities; authorization to lease......................................................................................................SB 267 Burial places; markers and monuments; requirements.................................................HB 950 Business corporations; certain persons; limitations of liability ...................................HB 799 Business development corporations; loans......................................................................HB 720 Charitable organizations or professional fund raisers; registration ............................HB 605 Cosmetologists; services outside salon.............................................................................HB 487 Cosmetology services; location other than beauty salon ..............................................HB 269 Dentistry; define practice ..................................................................................................HB 125 Dentistry; define practice..................................................................................................HB 685 Dentures; certain markings..................................................................................................SB 98 Dietitians and dietetic counselors; definitions .................................................................HB 38 Distilled spirits; retail dealer; signs.................................................................................HB 335 Economic Development Council; membership .................................................................HB 20 Embalmer or funeral directors; apprenticeships.............................................................SB 239 Fair business practices; consumer transactions; definition ...........................................SB 278 Franchises; transfer of dealership ....................................................................................HB 263 Gasoline marketing; retail sales; prohibitions .................................................................SB 177 Gasoline stations; handicapped permits; dispense at self-service price.....................HB 385 Georgia Asbestos Safety Act; licensing requirements...................................................HB 463 Georgia Consumer Cooperative Act; enact .....................................................................HB 412 Guardianship hearings; certain persons; fees..................................................................SB 236 Interior designers; licensing...............................................................................................HB 959 Joint Government Competition with Private Enterprise Committee; create ..............SR 79 Liability insurance rates; regulation................................................................................HB 639 Librarians, State Board of Certification; termination date .........................................HB 310 Licensing boards; expense allowance ...............................................................................HB 252 Liens; altering or repairing clothing or shoes.................................................................HB 835 Limited partnerships; amend provisions.........................................................................HB 924 Medical Radiation Health and Safety Act; provide......................................................HB 143 Merchant parking areas; certain trespass .......................................................................HB 166 Optometrists; certain treatment; authorization .............................................................HB 517 Optometrists; prescribing pharmaceutical agents........................................................HB 1169 Optometrists; trade names in conjunction with practice; authorization....................HB 816 Optometry, State Board; term..........................................................................................HB 688 Physical Therapy, Board of; ethics and standards.........................................................SB 292 Physical Therapy; programs of treatment......................................................................HB 921 Physicians; malpractice claims; board investigate fitness to practice.........................SB 286 Polygraph Examiners, Board of; termination date........................................................HB 583 Private Detective and Security Agencies; composition of Board................................HB 493 Professional counselors; licensure; examination requirements ....................................HB 600 Professional Counselors, Social Workers, and Marriage and Family Therapists; privileged communications .........................................................HB 393 Professional Geologists, Board of Registration for; amend provisions.......................HB 383 Promotional giveaways or contests; definition...............................................................HB 201 Psychology; license requirement.......................................................................................HB 135

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2741

PROFESSIONS AND BUSINESSES (Continued) Real estate brokers or salespersons; licenses..................................................................HB 108 Recreation Examiners; therapeutic recreation specialist..............................................HB 515 Respiratory therapists; eliminate use of certain terms and abbreviations ................................................................................................HB 710 Retail sales; certain stores; requirements for safe operations......................................HB 524 Risk retention and purchasing groups; regulation .........................................................SB 306 Sales tax certificate; businesses; seller acting unlawfully...........................................HB 1041 Sales tax; exempt certain business periodicals ............................................................HB 1171 Sales tax; retail dealer; payment included with return ................................................HB 467 Social worker; license requirements.................................................................................HB 433 Speech pathology and audiology; revise..........................................................................HB 258 Speech Pathology and Audiology, State Board; termination......................................HB 432 Structural Pest Control; self-insurance ...........................................................................HB 195 Torts; certain chemical products; exceptions .................................................................HB 753 Torts; product liability; certify manufacturer.................................................................SB 140 Trademarks or service marks; applications; filing fee ..................................................HB 222 Trade or professional association; group self-insurance fund......................................HB 557 Trade practices; laundries; itemized list.......................................................................HB 1176 Transactions with state agencies; laboratory and research facilities...........................SB 268 Used Car Dealers' Registration; board administer examination .................................HB 576
PROPERTY Abandoned landfills; prohibit construction ....................................................................HB 435 Action for deficiencies in construction; limitation period............................................HB 715 Ad valorem tax; agricultural property; certain breach of covenant............................HB 327 Ad valorem tax; agricultural property; conveyance.......................................................HB 948 Ad valorem tax; assessed under existing use..................................................................HB 434 Ad valorem tax; execution; levy administration fee......................................................HB 559 Ad valorem tax exemption; property owned by authorities; certain exceptions...........................................................................................................HB 648 Ad valorem tax; inventories; assessment date - CA.........................................................SR 11 Ad valorem tax; mobile homes .........................................................................................HB 823 Ad valorem tax; mobile homes; definition......................................................................HB 700 Airports; lease property for private development..........................................................HB 455 Anatomical gifts; bank or storage facility; licensing .....................................................HB 541 Antique automobiles; ad valorem tax; maximum value - CA......................................HR 240 Bail bonds; pledge of property; spouse's consent..........................................................HB 470 Bailments; garage or parking lots; security requirements.............................................SB 171 Burial places; markers and monuments; requirements.................................................HB 950 Coastal marshlands; certain activities on private property; exclusions .....................HB 268 Common law marriage; validity........................................................................................HB 952 Controlled substances; forfeited property; use of proceeds.........................................HB 250 Counties and municipalities; disturbing burial places; requirements.........................HB 949 Counties; certain property sales at fair market value...................................................HB 538 Criminal trespass; definition...........................................................................................HB 1057 Criminal trespass or damage to property; negligence...................................................HB 120 Criminal trespass; spouse's intentional damage to property .....................................HB 1178 Development authorities; dispose of property at fair-market value...........................HB 953 Disposition of unclaimed property; certain exceptions...................................................HB 69 Dispossessory proceedings; transportable housing ........................................................HB 291 Donees of body organs; preference for state residents.................................................HB 660 Eminent domain; coal pipeline companies; authorization..........................................HB 1115 Eminent domain; condemnor; payment of expenses.....................................................HB 436 Estates; inventories and returns; filing requirements...................................................HB 598 Estates; nonresident executors; bond requirements......................................................HB 599 Fair business practices; consumer transactions; definition ...........................................SB 278 Foreclosure and executions; amend provisions ...............................................................SB 366

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2742

INDEX

PROPERTY (Continued) Foreclosure; cooperative sales process .............................................................................HB 646 Guardians or trustees; commissions...............................................................................HB 1163 Handicapped parking; designation; erect signs...............................................................SB 266 Highways; acquisition for future purposes......................................................................SB 118 Homestead exemption; elderly; income qualification ...................................................HB 778 Hunting; stands by person other than landowner; prohibitions.................................HB 771 Income tax; certain deduction; home purchase..............................................................HB 505 Intangible recording tax; convert to documentary tax.................................................HB 908 Intangible tax; level of liability; filing return...............................................................HB 1020 Land Information System Joint Study Committee; create.............................................SR 92 Landlords; cable television service; certain prohibitions.................................................SB 16 Liens; businesses; altering or repairing clothing or shoes ............................................HB 835 Liens; certain filing requirements....................................................................................HB 713 Local governments; land use planning and development.............................................HB 330 Merchant parking areas; certain trespass .......................................................................HB 166 Mortgage brokers; licensing...............................................................................................HB 979 Mortgages; escrow accounts; interest...............................................................................HB 331 Mortgages; insurance premiums and taxes; timely payment.......................................HB 980 Motor vehicle abandonment; waive certain notice ........................................................HB 658 Municipal property; sale by bid; exception....................................................................HB 521 Municipalities; removal of parked vehicles; population classification ........................SB 282 Property and casualty insurance; rate approval ............................................................HB 508 Property Damage by Deer Study Committee; create ...................................................HR 124 Property of electric utilities; state ad valorem tax........................................................HB 491 Property of electric utilities; state ad valorem tax........................................................HB 696 Property of electric utilities; state ad valorem tax - CA..............................................HR 167 Property of electric utilities; state ad valorem tax - CA..............................................HR 221 Property of public utilities; ad valorem tax return.......................................................HB 610 State agencies or local government; court cases; real property...................................HB 843 State Board of Equalization; abolish...............................................................................HB 337 Superior Court Clerks' Retirement; proceeds of real estate transfer tax ..................HB 469 Taxation; domesticated foreign corporations; definition..............................................HB 724 Tax execution and sales; advertisement; requirement................................................HB 1074 Tax executions; costs of advertisements.........................................................................HB 439 Time-share estates; tax status..........................................................................................HB 200 Title by prescription; adverse possession......................................................................HB 1052 Trusts; payment of funds for real property improvement...........................................HB 890 Wills; spouse receive maximum marital deduction ........................................................SB 255
PROTHRO, CHARLES EMORY; congratulate on 101st Birthday..........................HR 286
PSYCHOLOGISTS Guardianship hearings; certain persons; fees..................................................................SB 236 License requirement...........................................................................................................HB 135
PUBLIC BUILDINGS A. L. "Al" Burruss Correctional Training Center; designate ........................................HR 46 A. L. "Al" Burruss Correctional Training Center; designate ......................................HR 146 Albert "Al" Holloway Labor Building; designation......................................................SR 163 Art program............................................................................................................................SB 25 Burruss, Honorable A. L. "Al"; place portrait in capitol.............................................HR 216 Capitol Hill Master Plan Commission; create................................................................SR 147 Evans, Honorable Randall, Jr.; place portrait in state capitol....................................HR 249 Handicapped persons; standards for buildings and facilities ......................................HB 797 Kempton, Honorable Bessie; place portrait in State Capitol......................................HR 147 L. L. (Pete) Phillips Conference Center; designate...........................................................HR 9 Napier, Honorable Viola Ross; place portrait in capitol ................................................HR 25

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2743

PUBLIC BUILDINGS (Continued) Revenue bonds; "undertaking"; amend definition........................................................HB 936 State Capitol and General Assembly offices; prohibit certain conduct .....................HB 126 Weapons prohibitions; magistrates; exemption..............................................................HB 343
PUBLIC INFORMATION; state agencies; investigation reports or intelligence data; confidential..........................................................................HB 48
PUBLIC OFFICERS AND EMPLOYEES Agrirama employees; health insurance............................................................................HB 897 Boards and commissions; expense allowances................................................................HB 661 Campaign contributions; disposition of excess contributions......................................HB 115 Certain public officials; plurality of votes cast; election - CA.......................................HR 27 Commissioner of Agriculture; appointment by Governor............................................HB 738 Commissioner of Agriculture; appointment - CA..........................................................HR 228 Commissioner of Insurance; appointment by Governor...............................................HB 735 Commissioner of Insurance; appointment - CA.............................................................HR 226 Commissioner of Labor; appointment by Governor......................................................HB 736 Commissioner of Labor; appointment - CA...................................................................HR 229 Congress; members' compensation; ratify amendment to United States Constitution ...........................................................................................HR 282 Contracts; counties and municipalities; certain liability ,...........................................HB 1179 Coroners; municipal officials; authorization to serve....................................................HB 452 Coroners; release certain medical records.......................................................................HB 133 Coroner's Training Council; membership..........................................................................SB 70 Coroner's Training Council; quorum .................................................................................HB 94 County boards of education; members' per diem........................................................HB 1024 District attorneys' investigators; appointment.................................................................HB 27 Employees' Retirement; certain beneficiaries; increase................................................HB 358 General Assembly members; certain allowances..............................................................HB 49 General Assembly members; expenses ............................................................................HB 500 General Assembly members; mileage rate ......................................................................HB 473 General Assembly members; practice of law..................................................................HB 369 Hazardous substances; disclosure to state employees...................................................HB 503 Indemnification; emergency medical technicians ............................................................HB 10 Indemnification; emergency medical technicians ..........................................................HB 240 Indemnification; law enforcement officers; date............................................................HB 499 Legislative Counsel; selection...........................................................................................HB 378 Liability insurance, indemnification; coverage..................................................................SB 47 Magistrate courts; officers' commission...........................................................................SB 198 Merit System; certain insurance contracts; jurisdiction...............................................HB 560 Merit system employee; hearings; representation............................................................HB 83 Military duty; compensation.............................................................................................HB 402 Military duty; compensation..............................................................................................SB 182 Motor vehicle insurance; certain state owned vehicles.....................................................HB 5 Notaries public; certification of document; certain exceptions ...................................HB 618 Official directory of state and county officials; publication ...........................................SB 57 Peace officers; minimum salary.........................................................................................SB 155 Personnel Board; employee assistance program ...............................................................SB 14 Political activities; limitations ...............................................................................................SB 3 Recall elections; amend provisions relating to contributions .......................................SB 156 Recall of public officials; number of applications ............................................................SB 27 Retirement; beneficiary change; notification......................................................................HB 4 Retirement; change of beneficiary; notice.......................................................................HB 376 School superintendents; appointment by board - CA ..................................................HR 227 State employees; injured in line of duty; compensation .................................................SB 28 State employees; sick leave; amend provisions ................................................................HB 86 State employees; sick leave; amend provisions ...............................................................SB 124

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2744

INDEX

PUBLIC OFFICERS AND EMPLOYEES (Continued) State Properties Commission; membership; expense allowance..................................HB 154 Statewide Probation System; former county employees; health insurance................SB 145 Superior court clerks; minimum salary ...........................................................................HB 547 Tax commissioners and collectors; minimum salaries ..................................................HB 461 Transactions with state agencies; laboratory and research facilities...........................SB 268
PUBLIC PROPERTY Atlanta, City of; lease certain property .............................................................................SR 45 Baldwin County; convey easement ...................................................................................SR 157 Baldwin County; convey property.......................................................................................SR 17 Baldwin County; lease of property ..................................................................................HR 125 Brantley County; convey property to Johns Timber Co..............................................HR 275 Brunswick, City of; convey property ................................................................................SR 120 Capitol Hill Master Plan Commission; create ................................................................SR 147 Counties; certain property sales at fair market value...................................................HB 538 Forestry Commission; transfer property to Calhoun County ......................................HR 250 Forestry Commission; transfer property to Clinch County ............................................SR 33 Forestry Commission; transfer property to Fannin County ..........................................HR 60 Graysville, City of; convey property ................................................................................HR 100 Habersham County; convey property ..............................................................................HR 252 Perry, City of; convey property ........................................................................................HR 280 Pulaski County; convey property .......................................................................................HR 55 Savannah, City of; convey property ...................................................................................SR 19 Southern Railway Company; sublease agreement with Tennessee Valley Railroad Museum ...............................................................................................HR 285 Taliaferro County; convey property.................................................................................HR 101 Tybee Island, City of; convey easement; fishing pier.....................................................HR 99 Vending machines; blind persons; operate in certain areas.........................................HB 151 Waycross, City of; grant easement...................................................................................HR 133
PUBLIC SAFETY, DEPARTMENT OF (Also, see Driver's License or Law Enforcement Officers and Agencies) Antiterrorism Information Center; establish..................................................................HB 603 Antiterrorism Task Force; director ..................................................................................HB 602 Antiterroristic Training Act; enact ..................................................................................HB 916 Driver's license; written exam; date requirement...........................................................SB 117 Law enforcement; certain assistance; liability of state .................................................HB 446 Law enforcement officers; receiving funds; amend provisions .....................................SB 189 License examiners; deputy registrars for elections........................................................HB 551 Local law enforcement; driving records; dissemination ................................................HB 405 Police chaplains...................................................................................................................HB 739 Public Safety Training Center; security police force ....................................................HB 609 State Patrol; honor 50th anniversary ..............................................................................HR 403 State Patrol; make available certain training vehicles .................................................HB 294 State patrol officer; witness fees......................................................................................HB 659 Traffic violations; fees for transmitting reports .............................................................SB 173
PUBLIC SCHOOL EMPLOYEES Health insurance; coverage for certain retired persons .................................................SB 316 Health insurance; payment by local school systems .....................................................HB 982 Health plan; include retired persons...............................................................................HB 247 Retirement; benefit adjustments......................................................................................HB 480 Retirement; benefit amount..............................................................................................HB 482 Retirement; 40 years service ...........................................................................................HB 1025 Surviving spouses; health insurance ................................................................................HB 757 Teachers and school personnel; certain salary deductions; employee benefit.............................................................................................................HB 638

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2745

PUBLIC UTILITIES AND TRANSPORTATION Ad valorem tax; public utility company; return ............................................................HB 610 Ad valorem tax; state levy.................................................................................................HB 491 Automatic telephone dialing; certain prohibitions ..........................................................HB 43 Blasting; interstate natural gas pipelines; certain exemptions....................................HB 442 Consumers' Utility Counsel; laws; date of repeal..........................................................HB 540 Consumers' Utility Counsel; operating costs; fees.........................................................HB 478 Consumers' Utility Counsel; performance audit; repeal requirement ........................HB 477 Electric utilities property; state ad valorem tax - CA..................................................HR 221 Electric utilities; state ad valorem tax; distribution - CA............................................HR 167 Eminent domain; coal pipeline companies; authorization..........................................HB 1115 Motor carriers; certain trucks and mixers; definitions.................................................HB 292 Motor carriers; Public Service Commission enforcement personnel; citations.........................................................................................................HB 967 Motor carriers; vehicles for hire; certain exemption.....................................................HB 743 Motor carriers; vehicle transporting forest products ....................................................HB 859 Municipal Gas Authority of Georgia; create ..................................................................HB 328 Peace Officers' Annuity and Benefit Fund; certain Public Service Commission employees........................................................................HB 157 Property of electric utilities; state ad valorem tax........................................................HB 696 Public Service Commission; ex parte communications.................................................HB 428 Public Service Commission; operating costs; fee...........................................................HB 443 Public Service Commission; Utility Finance Section; abolishment ............................HB 444 Public utilities; rate increase; filing.................................................................................HB 427 Residential Finance Authority; public utility assistance...............................................SB 123 Resource Recovery Development Authorities; sales of energy .....................................SB 336 Rural telephone cooperatives; fees.....................................................................................HB 21 Sales tax; exempt food and certain services.....................................................................HB 91 State Board of Equalization; abolish...............................................................................HB 337 Workers' Compensation; common carriers; certain exception.....................................HB 282
PUBLICATIONS Sales tax; certain printing materials; exemption ...........................................................HB 474 Sales tax; certain printing materials; exemption...........................................................HB 475 Sales tax; exempt certain business periodicals ............................................................HB 1171 Schools; review of textbooks.............................................................................................HB 494 Torts; visual or sound broadcast; defamatory statements ............................................SB 343 Workers' compensation; persons delivering newspapers; exclude..................................SB 40
PULASKI COUNTY Board of education; appoint school superintendent .....................................................HB 569 Board of education; election ............................................................................................HB 527 Board of education; election; extend - CA......................................................................HB 528 Convey property....................................................................................................................HR 55
PUTNAM COUNTY Board of commissioners; mileage allowance....................................................................SB 244 Tax collector; compensation; extend - CA......................................................................HB 747

Q
QUATTLEBAUM, DR. JULIAN KILLEN; condolences ........................................HR 500 QUITMAN COUNTY
Board of commissioners; provide clerk............................................................................HB 288
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QUITMAN COUNTY (Continued) Treasurer; abolish office....................................................................................................HB 286 Treasurer; compensation; repeal......................................................................................HB 287
QUITMAN, CITY OF Board of commissioners; change composition..............................................................HB 1014 Brooks County-City of Quitman School systems; merge; extend - CA....................HB 1096

R
R. E. LEE HIGH SCHOOL REBELS FOOTBALL TEAM Commend...............................................................................................................................HR 51 Invite to House.....................................................................................................................HR 87
RACETRACKS; State Racing Commission; create..........................................................HB 60
RADIO; torts; visual or sound broadcast; defamatory statements ................................SB 343
RAGSDALE, STEPHEN LEE, JR.; commend............................................................HR 387
RAILROADS Atlanta, City of; lease certain property.............................................................................SR 45 Corporate officers or directors; liability..........................................................................HB 209 Southern Railway Company; sublease agreement with Tennessee Valley Railroad Museum............................................................................HR 285
RANDOLPH-CLAY HIGH SCHOOL BOYS BASKETBALL TEAM; invite to House ......................................................................................................HR 88
RATCLIFFE, GINA MARIE AND SHIRLEY ANN CHANDLER; commend.................................................................HR 432
RAVENWOOD ACADEMY GIRLS BASKETBALL TEAM; commend ...........HR 379
REA, WILLIAM KIRBY; commend...............................................................................HR 531
REAL ESTATE (Also, see Property) Action for deficiencies in construction; limitation period............................................HB 715 Counties; certain property sales at fair market value...................................................HB 538 Development authorities; dispose of property at fair-market value...........................HB 953 Fair business practices; consumer transactions; definition...........................................SB 278 Income tax; certain deduction; home purchase..............................................................HB 505 Real estate brokers or salespersons; licenses..................................................................HB 108 Superior Court Clerks' Retirement; proceeds of real estate transfer tax ..................HB 469 Trusts; payment of funds for real property improvement...........................................HB 890
REAVES, HONORABLE HENRY; commend.............................................................HR 414
RECREATION House Artificial Reef Study Committee; create............................................................HR 410 Off-road recreational vehicles; safety requirements......................................................HB 666 Recreation Examiners; therapeutic recreation specialist..............................................HB 515 School buses; recreational activities; authorization.....................................................HB 1011 Special county sales tax; cultural, recreational or historic facilities.......................................................................................................HB 1136 Special sales tax; certain cultural, recreational or historic facilities..............................................................................................................HB 740
RECREATION AND PARK SOCIETY; commend...................................................HR 206
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2747

REDEVELOPMENT Redevelopment Powers Law; amend ...............................................................................HB 561 Urban Residential Finance Authorities Act for Large Municipalities; amend.......................................................................................................SB 83
REEVES, COACH DAN; commend ................................................................................HR 171
REID, FRANS; compensate on behalf of Loverne T. Matlock....................................HR 270
REIDSVILLE, CITY OF; redistricting ..........................................................................HB 801
RELIGION Day-care centers; licensure; certain exemption..............................................................HB 608 Public Safety Department; police chaplains ..................................................................HB 739
RENFRO, MARILYN; commend ....................................................................................HR 475
RESIDENTIAL FINANCE Georgia Nonprofit Housing Corporation; create..........................................................HB 1117 Residential Finance Authority; public utility assistance...............................................SB 123 Urban Residential Finance Authorities Act for Large Municipalities; amend.......................................................................................................SB 83
RESPIRATORY THERAPISTS; eliminate use of certain terms and abbreviations ....................................................................................................HB 710
RESTAURANTS; health testing of employees..............................................................HB 831
RETIREMENT AND PENSIONS Agricultural Exposition Authority; membership; Employees' Retirement System.........................................................................................................HB 305 Beneficiary change; notify spouse........................................................................................HB 4 Change of beneficiary; notice............................................................................................HB 376 Counties; employment benefits; provide..........................................................................SB 102 Court officials; new system ...............................................................................................HB 703 District Attorneys Emeritus; certain salary changes...................................................HB 1155 District attorneys' investigators; membership in Employees' Retirement System ...........................................................................................................HB 24 District Attorneys' Retirement; years for vesting; credit .............................................HB 565 Education Department; certain personnel....................................................................HB 1071 Employees' Retirement; certain beneficiaries; increase................................................HB 358 Employees' Retirement; certain military service credit................................................HB 110 Employees' Retirement; certain military service credit................................................HB 822 Employees' Retirement; Federal and State Shipping Point Inspection Service.........................................................................................................HB 1134 Employees' Retirement; judges and district attorneys' secretaries; credit ............................................................................................................HB 375 Employees' Retirement; superior court judges and district attorneys' secretaries; creditable service.....................................................................HB 993 Environmental Facilities Authority; Employees' Retirement....................................HB 1046 Firemen's Pension Fund; increase benefits....................................................................HB 356 Firemen's Pension Fund; membership; eligibility.........................................................HB 355 Firemen's Pension Fund; private companies; eligibility ...............................................HB 504 Health insurance; retired public school employees and employees of community colleges.................................................................................HB 247 Income tax exemption; military or federal government retirement ...........................HB 299 Income tax exemption; peace officers..............................................................................HB 656 Income tax exemption; repeal.........................................................................................HB 1180 Investment; state funds; South African institutions .....................................................HB 336 Juvenile court judges; retirement benefits....................................................................HB 1021

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2748

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RETIREMENT AND PENSIONS (Continued) Legislative Retirement; creditable service ......................................................................HB 106 Legislative Retirement; creditable service allowance....................................................HB 242 Motor vehicle insurance; coverage for earnings; retired persons ...................................SB 31 Municipalities; right of participation...............................................................................HB 616 Peace Officers' Annuity and Benefit Fund; benefits; amend provisions...................HB 458 Peace Officers' Annuity and Benefit Fund; certain Public Service Commission employees ....................................................................................HB 157 Peace Officers' Annuity and Benefit Fund; collection of certain revenues..............................................................................................................HB 459 Peace Officers' Annuity and Benefit Fund; commissioners; investment powers..........................................................................................................HB 457 Peace Officers' Annuity and Benefit Fund; definitions................................................HB 722 Peace officer training; certain retired officer; certification..........................................HB 416 Public funds; secure deposit ..............................................................................................SB 105 Public funds; secure deposits.............................................................................................SB 104 Public School Employees' Retirement; benefit adjustments.......................................HB 480 Public School Employees' Retirement; benefit amount...............................................HB 482 Public School Employees' Retirement; 40 years service.............................................HB 1025 Retirement and Pensions Code; corrections and omissions.........................................HB 279 Retirement bills; cost reducing amendments to fiscal impact bills ............................HB 354 Retirement; reestablishing creditable service.................................................................HB 382 Sheriffs' Retirement Board; retired member; term.......................................................HB 677 Sheriffs' Retirement; increase allocation from certain fines........................................HB 719 Sheriffs' Retirement; increase certain fees.....................................................................HB 717 Sheriffs' Retirement; investment powers of board........................................................HB 676 Sheriffs' Retirement; membership; requirement............................................................HB 718 Social Security; income tax exclusion............................................................................HB 1170 Superior Court Clerks' Retirement; proceeds of real estate transfer tax ..................HB 469 Superior Court Judges' Retirement; creditable service..............................................HB 1022 Superior Court Judges' Retirement; creditable service; certain benefits...................HB 842 Superior Court Judges' Retirement; required years for vesting..................................HB 566 Superior Court; senior judge; increase per diem compensation ....................................HB 32 Teachers Retirement; certain municipality; employees contributions .....................HB 1044 Teachers Retirement; computation; certain limitation.................................................HB 173 Teachers Retirement; creditable service; reduce years.................................................HB 901 Teachers Retirement; employer contributions...............................................................HB 277 Teachers Retirement; football coaching service; credit ................................................HB 381 Teachers Retirement; membership; certain county employees...................................HB 704 Teachers Retirement; military school service; credit....................................................HB 725 Teachers Retirement; postretirement benefit adjustment...........................................HB 357 Teachers Retirement; pregnancy leave; credit...............................................................HB 278 Teachers Retirement; private school service; credit......................................................HB 158 Teachers Retirement; service in certain private colleges; credit .................................HB 706 Teachers Retirement; service in private schools; credit.............................................HB 1182 Teachers Retirement; sick leave credit...........................................................................HB 423 Trial Judges and Solicitors Retirement; average compensation .................................HB 481
REVENUE (See Taxation and Revenue)
REVENUE BONDS Counties and municipalities; legal fees ...........................................................................HB 273 Housing Authorities Law; amend provisions..................................................................HB 309 Local government investment pool; bond proceeds........................................................HB 45 Local governments; certain bonds; state plan of allocation.........................................HB 619 Private Colleges and Universities Authority; proceeds of bonds; finance student loans..........................................................................................SB 371 "Undertaking"; amend definition.....................................................................................HB 936

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2749

REYNOLDS, CLAUDIA; commend ...............................................................................HR 407
RICEBORO, CITY OF; territorial boundaries.............................................................HB 1159
RICHARDSON, SPURGEON; commend .....................................................................HR 495
RICHMOND COUNTY Ad valorem tax; early payment; extend - CA.................................................................HB 363 Board of commissioners; provide landfill........................................................................HB 359 Board of education; compensation.................................................................................HB 1128 Certain officials; compensation.........................................................................................HB 961 Civil court; chief judge; duties and powers.....................................................................HB 918 Governing authority; revise \ava....................................................................................'HB 1037 Malt beverage tax; excess revenue...................................................................................HB 748 Oak Ridge Water and Sewerage Authority; create........................................................HB 730
RINGGOLD HIGH SCHOOL LADY TIGERS SOFTBALL TEAM; commend .....................................................................................HR 242
RIVERDALE, CITY OF; corporate limits ...................................................................HB 1051
RIVERDALE SENIOR HIGH ANGEL FLIGHT RIFLE DRILL TEAM; commend ...............................................................................HR 435
RIVERS AND LAKES Altamaha River Basin Project; relative to......................................................................HR 490 Lake Lanier Islands Development Authority; powers ...................................................SB 130
RJR NABISCO, INC.; welcoming....................................................................................HR 297
ROCHDALE COUNTY Conyers-Rockdale-Big Haynes Impoundment Authority; create ..............................HB 1050 State court; create ...............................................................................................................SB 205
ROCHDALE COUNTY HIGH SCHOOL BULLDOGS; commend......................HR 478
RODGERS, DR. TOM H.; Assistant Director, Georgia Cooperative Extension Service; invite to House ............................................................HR 168
ROME, CITY OF Board of education; additional member..........................................................................HB 621 Floyd County-City of Rome School Systems; consolidate .........................................HB 1016
RON ROWLAND CHEVROLET OLDSMOBILE, INC.; commend ....................HR 521
ROSS, HONORABLE BEN BARRON; commend.....................................................HR 316
ROSWELL, CITY OF; corporate limits..........................................................................HB 276
ROSWELL VOLUNTEER FIRE AND RESCUE DEPARTMENT Commend ...........................................................................................................................HR 248
RUSSELL, COACH ERK Commend .............................................................................................................................HR 105 Invite to House .....................................................................................................................HR 86
RUTLAND, ROBERT J.; commend ...............................................................................HR 134
RUTTER, RICHARD; compensate on behalf of Valerie A. Rutter...........................HR 269

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2750

INDEX

s

SALE CITY, CITY OF; mayor and councilmen; filling vacancies .............................HB 417
SALEM, WILLIAM JOHN; condolences........................................................................HR 37
SALES AND USE TAX Biomass; exemption............................................................................................................HB 575 Business periodicals; certain exemption........................................................................HB 1171 Farm crops; certain sales; exemption ..............................................................................HB 374 Food and drink; exemption.................................................................................................HB 42 Food; exemption....................................................................................................................HB 90 Increase 2% statewide; education - CA..........................................................................HR 416 Joint county and municipal sales tax; define population...............................................HB 93 Local option sales tax; combined purposes ....................................................................HB 191 Materials used in manufacturing items from granite; exemption...............................HB 532 Motor vehicle; applicability...............................................................................................HB 664 Printing materials; exemption..........................................................................................HB 474 Printing materials; exemption..........................................................................................HB 475 Retail dealer; payment included with return.................................................................HB 467 Sales at airports; certain exemption................................................................................HB 960 Sales at airports; certain exemptions...............................................................................HB 920 Sales tax certificate; businesses; seller acting unlawfully...........................................HB 1041 Sales tax; exempt food and certain services.....................................................................HB 91 Special county sales tax; cultural, recreational or historic facilities.......................................................................................................HB 1136 Special 1% sales tax; educational purposes...................................................................HB 424 Special sales and use tax; educational purposes; referendum - CA..............................HR 84 Special sales tax; certain cultural, recreational and historic facilities..............................................................................................................HB 740 Special sales tax; counties and municipalities; water and sewer projects..................................................................................................................HB 479 Wheelchairs, orthopedic devices, or prostheses; exemption...........................................HB 59
SALMON, DON, JR.; commend.......................................................................................HR 504
SAMARITASO, MARIO; commend ...............................................................................HR 507
SANDERS, KAZ GARAS; commend..............................................................................HR 470
SAVANNAH, CITY OF Board of public education; increase retirement benefits; extend - CA......................HB 943 Chatham County-City of Savannah; chief tax assessor; appoint; extend CA...........HB 879 Convey property ....................................................................................................................SR 19 Mayor's term.....................................................................................................................HB 1138 Redevelopment powers.......................................................................................................SB 386 Savannah-Chatham County; merge school systems; extend - CA...............................HB 889 "Savannah Day"; designating Monday, January 26, 1987.............................................HR 89
SAVINGS AND LOAN INSTITUTIONS; amend Code provisions.......................HB 233
SCHLEY COUNTY Board of commissioners; election......................................................................................SB 139 Board of education; members; election............................................................................SB 328
SCHOOL BUSES Light requirements................................................................................................................SB 90 Recreational activities; authorization............................................................................HB 1011 Transportation costs; distance requirements .................................................................HB 981
SCHOOLS (Also, see Education) Age for enrollment................................................................................................................HB 39 Buses; light requirements.....................................................................................................SB 90
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SCHOOLS (Also, see Education) (Continued) Campus policemen; certification and training costs; requirement..............................HB 329 Capital outlay needs; population growth........................................................................HB 346 Certain courses; requirements..................................:........................................................HB 472 Criminal trespass; definition...........................................................................................HB 1057 Day-care centers; licensure; certain exemption..............................................................HB 608 Education; transportation costs; distance requirements...............................................HB 981 Health improvement program ..........................................................................................HB 794 House Study Committee on School Completion; create...............................................HR 283 Immunization of students; waiver period .........................................................................HB 12 Increase days of school year..............................................................................................HB 262 Joint Study Committee on Residential High Schools for the Arts; create..................SR 70 Local school systems; provide other sources of revenue - CA.......................................HR 12 Need for Family Life Instruction in Public School Study Committee; create...........................................................................................................HR 367 Postsecondary vocational-technical schools; employee benefits..................................HB 267 Proprietary schools; certificates of authorization..........................................................HB 905 School Dropout Demonstration Assistance Act of 1987; urge congressional support............................................................................................HR 304 School year; opening and closing day..............................................................................HB 951 Sex education course; requirement....................................................................................HB 96 Superintendents; appointment.........................................................................................HB 737 Textbooks; review...............................................................................................................HB 494
SCOTT, GENERAL ROBERT LEE, JR.; commend and invite to House.............HR 293
SEAT BELTS Child restraint; requirements..............................................................................................HB 71 Encourage use .......................................................................................................................HR 80 Minors.....................................................................................................................................SB 29 Requirement...........................................................................................................................SB 64 Requirement........................................................................................................................HB 751 Requirements...........................................................................................................................HB 8
SEATON, GEORGE; commend ........................................................................................HR 453
SECRETARY OF STATE Communications...............................Pages 1, 142, 181, 365, 659, 880, 1197, 1609, 1959, 2642 Magistrate courts; officers' commission...........................................................................SB 198 Official directory of state and county officials; publication ...........................................SB 57 Securities laws; admissible evidence; civil or criminal actions .......................................SB 78 Trademarks or service marks; applications; filing fee..................................................HB 222
SECURITIES Civil or criminal actions; admissible evidence..................................................................SB 78 Foreclosure and executions; amend provisions...............................................................SB 366 Public funds; secure deposit ..............................................................................................SB 105 Public funds; secure deposits.............................................................................................SB 104
SEEDS; labeling; year of production.................................................................................HB 923
SEELEY, GREGORY ALAN; commend.......................................................................HR 373
SEGARS, ANNE; commend ..............................................................................................HR 140
SEMINOLE COUNTY HIGH SCHOOL SQUAWS BASKETBALL TEAM; commend ..............................................................................................................HR 487
SENATE General Assembly members; term of office - CA...............................................................SR 7 General Assembly sessions; certain conduct; prohibitions...........................................HB 126

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2752

INDEX

SENATE (Continued) Joint Prefiling of Legislation Study Committee; create.................................................HR 95 Joint Session; Governor's message.......................................................................................HR 6 Joint Session; Governor's message; invite Justices and Judges ......................................HR 7 Joint Session; inauguration of Governor and Lieutenant Governor ...............................HR 5 Notify House of Representatives the Senate has convened .............................................SR 2 Notify the Governor the General Assembly has convened ..............................................HR 2 Notify the Senate the House of Representatives has convened......................................HR 1 Stanford, Dr. Henry King; address joint session................................................................SR 5
SENTENCING Appeal and pretrial review; death penalty; procedures.................................................SB 100 Battery; sentence served during nonworking hours......................................................HB 238 Death penalty; persons under 18; prohibitions ..............................................................HB 777 Felony conviction; persons under 18 serving sentence ..................................................SB 301 Habeas corpus; death sentence challenge; transfer ..........................................................SB 99 Probation; special alternative incarceration ...................................................................HB 800 Traffic sentences; modify judgment ................................................................................HB 136
SEXUAL OFFENSES Age of consent.......................................................................................................................HB 41 Age of consent ..........................................................................................................................SB 5 Aggravated child molestation; bail requirements ..........................................................HB 714 AIDS testing; requirement ..............................................................................................HB 1047 Alcoholic beverages; certain premises; prohibited conduct..........................................HB 516 Evidence; offense against minor; spouse's testimony....................................................HB 181 Minors engaging in sexual conduct; unlawful depictions .............................................HB 223 Penalties...............................................................................................................................HB 189 Sexual exploitation of children; amend Code provisions..............................................HB 454 Sexual offenses; exploitation of child; forfeiture of profits..........................................HB 179 Sodomy; description of offense...........................................................................................HB 61
SHELTON, CHARLOTTE; America's Perfect Teen; invite to House......................HR 222
SHEPHERD, REVEREND HUBERT F.; commend .................................................HR 493
SHERIFFS Minimum salary...................................................................................................................SB 106 Retirement; increase allocation from certain fines........................................................HB 719 Retirement; increase certain fees.....................................................................................HB 717 Retirement; investment powers of board........................................................................HB 676 Retirement; membership; requirement............................................................................HB 718 Sheriffs' Retirement Board; retired member; term.......................................................HB 677
SIMMONS, MARY JANE; condolences........................................................................HR 211
SIMS, PROFESSOR LAFAR DUPREE; honoring ...................................................HR 256
SIX FLAGS OVER GEORGIA; commend....................................................................HR 510
SKAGGS, NAOMI;commend...........................................................................................HR 426
SKY VALLEY, CITY OF; homestead exemption ......................................................HB 1129
SLOCUMB, RURIC NEVEL; condolences...................................................................HR 344
SLOSHEYE TRAIL BIG PIG JIG CONTEST; recognize......................................HR 375
SMALLWOOD, SERGEANT WAYNE; commend ....................................................HR 204
SMITH, COACH LEWIS C. "SMITTY", JR.; commend .........................................HR 243
SMITH, COLONEL HARRY O.; commend .................................................................HR 138

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SMITH, CONNIE; commend ............................................................................................HR 376
SMITH, H. RICHARD; commend...................................................................................HR 443
SMYRE, HONORABLE CALVIN; commend .............................................................HR 533
SMYRNA, CITY OF; mayor and councilmen; election.......... ............. ............................SB 72
SMYRNA LIONS CLUB; commend. ............................................................ ...................HR 49
SNELLVILLE, CITY OF; deannex and exclude certain property .............. ...............SB 390
SOCIAL SERVICES Aid to Families with Dependent Children; certain adopted children...........................SB 19 Blind persons; operate vending machines in certain areas ............................. .............HB 151 Day-care centers; licensure; certain exemption. ................................................... ..........HB 608 Day-care centers; records checks of employees.... ........................................................ ..HB 742 Day-care centers; regulations.... ...................................................................................... .....SB 96 Disposition of unclaimed property; certain exceptions...... ......................... ....................HB 69 Educational Reinvestment Act for Aid to Families with Dependent Children; enact ............................................................................................SB 232 Georgia Nonprofit Housing Corporation; create........ .......................... ........................HB 1117 Homelessness in Georgia Study Committee; create .................................................... ..HR 214 Hospitals; nonresident indigent patients; cost of care. ............................................... ..HB 707 Housing Authorities Law; amend provisions....... ......................................................... ..HB 309 Human Resources, Department of; subpoena power ............................ ........................HB 384 Professional counselors; licensure; examination requirements ........................... .........HB 600 Professional Counselors, Social Workers, and Marriage and Family Therapists; privileged communications .........................................................HB 393 Public assistance benefits; disregarded income; amend provisions ............................HB 882 Social worker; license requirements........................................................... ......................HB 433 Special Study Committee on Problems of Homeless; create.............................. .........HR 350 Special Study Committee on the Problems of Homeless in Georgia; create .............SR 184 Women and Poverty Study Committee; create ....................................... ......................HR 126
SOIL AND WATER CONSERVATION DISTRICTS; commend........................HR 122
SOPERTON, CITY OF; municipal court; change contempt punishments ................SB 341
SOUTHERN JUDICIAL CIRCUIT; judge's compensation; supplement...............HB 304
SPAIN, AMOS BENTON; congratulate ........................................................................HR 346
SPALDING COUNTY Board of commissioners; compensation........ ...................................................................HB 689 Board of elections; define powers..................... ................................................................HB 820 Chief magistrate; compensation ................................................................... ....................HB 819 Fire protection districts; levy taxes; extend - CA.................................. ........... ..............SB 241 License fees; extend - CA...................................................................................................SB 242 Local option sales tax; extend - CA.......... ..................................................................... ...SB 243 Obligation Bonds; certain schools; extend - CA ............................................................HB 483 Ordinances and regulations; unincorporated areas; extend - CA.................................SB 240 Spalding County-City of Griffin School systems and districts; merge.......................HB 492 Tax commissioner; compensation.....................................................................................HB 496 Temporary loans; extend - CA .................... .....................................................................HB 484 Unincorporated areas; assessment for roadways; extend - CA....................................HB 486 Water districts; levy taxes; extend - CA ................................................................ .........HB 485
SPEAKER OF THE HOUSE; communications ...................................Pages 30, 31, 136, 137
SPEECH PATHOLOGISTS AND AUDIOLOGISTS ................................................................................................................................HB 258
Termination of Board ....................................................................... .................................HB 432

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SPORTS Atlanta Falcon cheerleaders; relative to..........................................................................HR 506 Georgia-Florida football game; urge change in site.........................................................HR 30 Professional boxing match; definition.............................................................................HB 558 Professional Sports Commission; create..............................................................................HB 9 State Professional Sports Commission; create...............................................................HB 270 Teachers Retirement; football coaching service; credit................................................HB 381
SPRADLIN, SCOTT IRA; commend.............................................................................HR 289
ST. MARYS, CITY OF; corporate limits........................................................................HB 996
STANFORD, DR. HENRY KING; address joint session ...............................................SR 5
STATE CONSTITUTION; create commission to correct and revise .........................HR 16
STATE COURTS OF COUNTIES Civil court judge pro tempore; serve as magistrate pro tempore................................HB 585 Fulton County; special fund ..............................................................................................SB 253 Solicitors; residency............................................................................................................HB 377
STATE EMPLOYEES Agrirama Authority; Employees' Retirement; membership.........................................HB 896 Agrirama employees; health insurance............................................................................HB 897 Environmental Facilities Authority; Employees' Retirement....................................HB 1046 Federal and State Shipping Point Inspection Service; Employees' Retirement................................................................................................HB 1134 Georgia Agricultural Exposition Authority; membership; Employees' Retirement..................................................................................................HB 305 Hazardous substances; disclosure.....................................................................................HB 503 Health insurance; exclusion ..............................................................................................HB 193 Hearings; representation......................................................................................................HB 83 Injured in line of duty; compensation................................................................................SB 28 Liability insurance; indemnification; coverage..................................................................SB 47 Merit System; certain insurance contracts; jurisdiction ...............................................HB 560 Military duty; compensation.............................................................................................HB 402 Military duty; compensation..............................................................................................SB 182 Personnel Board; employee assistance program ...............................................................SB 14 Political activities; limitations...............................................................................................SB 3 Retirement; certain beneficiaries; increase.....................................................................HB 358 Retirement; certain military service; credit....................................................................HB 110 Retirement; certain military service credit.....................................................................HB 822 Retirement; certain personnel of Education Department..........................................HB 1071 Retirement; district attorneys' investigators; membership............................................HB 24 Sick leave; amend provisions..............................................................................................HB 86 Sick leave; amend provisions .............................................................................................SB 124 Transportation, Department of; employee injured in line of duty; compensation.............................................................................................SB 160
STATE GOVERNMENT Administrative procedure; contested cases in decisions; statements..........................HB 841 Area Planning and Development Commission; certain annual assessments...............HB 80 Area Planning and Development Commissions; review................................................HB 281 Boards and commissions; expense allowances................................................................HB 661 Budget Act; define appropriation ..................................................................................HB 1001 Commission of Inquiry; create..........................................................................................HB 519 Community Affairs, Department of; grants to counties and municipalities; authorization...............................................................HB 1036 Community affairs; rural economic development plan.................................................HB 148 Community development block grant fund; appropriations......................................HB 1026

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2755

STATE GOVERNMENT (Continued) Contractors; bid bonds.......................................................................................................HB 636 English; designate as official language............................................................................HB 633 Financing and Investment Commission; public library facilities................................HB 647 Income tax form; designated contribution - CA............................................................HR 420 Investment of state funds; South African institutions...................................................HB 84 Investment of state funds; South African institutions.................................................HB 336 Joint Government competition with Private Enterprise Committee; create...............SR 79 Labor Department; lease agreements; certain space......................................................SB 190 Legislative Services Committee; amend audit...............................................................HB 387 Liability insurance; state authorities...............................................................................HB 662 Licensing boards; expense allowance...............................................................................HB 252 Motor vehicle insurance; certain state owned vehicles.....................................................HB 5 Motor vehicle insurance; correlation of benefits; certain health plans......................HB 613 Official directory of state and county officials; publication ...........................................SB 57 Open meetings.....................................................................................................................HB 215 Personnel Board; urge hiring of certain handicapped persons......................................HR 92 Public buildings; art program..............................................................................................SB 25 Public funds; secure deposit ..............................................................................................SB 105 Public funds; secure deposits.............................................................................................SB 104 Public records; certain trade secrets and proprietary information; applicability..............................................................................................HB 804 Public records; inspection and copying; revise provisions............................................HB 214 Public records; investigation reports or intelligence data; confidential..............................................................................................................HB 48 Rural Economic Development Law; enact.......................................................................SB 191 State agencies or local government; court cases; real property...................................HB 843 State flag; change design and description.......................................................................HB 883 State Properties Commission; membership; expense allowance..................................HB 154 Transactions with state agencies; laboratory and research facilities...........................SB 268
STATE PATROL (See Law Enforcement Officers and Agencies or Public Safety, Department of)
STATE PROPERTY (See Public Property)
STATESBORO, CITY OF; corporate limits..................................................................HB 880
STATHAM, FRANCES PATTON; commend.............................................................HR 389
STEPHENS COUNTY; school superintendent; appointment....................................HB 449
STONE MOUNTAIN JUDICIAL CIRCUIT; judges' supplement........................HB 917
STOWE, ROSE MELL; congratulating on 100th Birthday...........................................HR 50
STRAUGHAN, KIRK; commend ....................................................................................HR 208
STRICKLAND, ERNEST W.; condolences....................................................................HR 38
STRONG, SYLVESTER; commend................................................................................HR 466
STROTHER, SHELLEY C., JR.; commend.................................................................HR 469
STROUD, HONORABLE ERNEST L.; commend ......................................................HR 34
SUGAR HILL, CITY OF; homestead exemption; extend - CA ...............................HB 1100
SULLIVAN, LITA MCCLINTON; condolences.........................................................HR 494
SUMMERVILLE, CITY OF; corporate limits............................................................HB 1002
SUMNER, ROBERT EUGENE; congratulate on 60th wedding anniversary .........HR 509

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SUMTER COUNTY; Americus and Sumter Payroll Development Authority; continue - CA............................................................................HB 64
SUPERIOR COURTS Administrative Services assist..........................................................................................HB 212 Clerks; minimum salary.....................................................................................................HB 547 Electors; certified list; delete filing requirement...........................................................HB 190 Employees' Retirement; judges and district attorneys' secretaries; credit............................................................................................................HB 375 Employees' Retirement; superior court judges and district attorneys' secretaries; creditable service.....................................................................HB 993 Judges; election.....................................................................................................................HB 25 Judges' Retirement; creditable service..........................................................................HB 1022 Judges' Retirement; creditable service; certain benefits..............................................HB 842 Judges' Retirement; years for vesting; credit.................................................................HB 566 Judges; travel expenses; reimbursement.........................................................................HB 877 Law libraries; establish for judges....................................................................................HB 338 Magistrate courts; writs of execution; clerks' fees...........................................................HB 16 Senior judge; increase per diem compensation................................................................HB 32
SUPREME COURT; seven justices...................................................................................HB 19
SUTHERLAND, JAMES EUGENE (GENE); commend........................................HR 517
SUWANEE, CITY OF; new charter................................................................................HB 731

TALBOT COUNTY; board of commissioners; compensation....................................HB 1104
TALIAFERRO COUNTY Commission chairman serve as road superintendent....................................................HB 914 Convey property..................................................................................................................HR 101
TALLAPOOSA JUDICIAL CIRCUIT; terms................................................................HB 3
TALMADGE, HERMAN EUGENE Herman Eugene Talmadge Monument Commission; create........................................HR 372 House Talmadge Monument Study Committee; create ...............................................HR 371
TANNER, L.; compensate.....................................................................................................HR 41
TAPP MIDDLE SCHOOL; commend ...........................................................................HR 361
TAXATION AND REVENUE Ad valorem tax; agricultural property; certain breach of covenant............................HB 327 Ad valorem tax; agricultural property; conveyance.......................................................HB 948 Ad valorem tax; antique automobiles; maximum value - CA......................................HR 240 Ad valorem tax; execution; levy administration fee......................................................HB 559 Ad valorem tax exemption; property owned by authorities; certain exceptions...........................................................................................................HB 648 Ad valorem tax; inventories; assessment date - CA.........................................................SR 11 Ad valorem tax; mobile homes.........................................................................................HB 823 Ad valorem tax; mobile homes; definition......................................................................HB 700 Ad valorem tax; preferential assessment; date of application......................................SB 211 Ad valorem tax; property assessed under its existing use............................................HB 434 Ad valorem tax; public utilities; state levy.....................................................................HB 491
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2757

TAXATION AND REVENUE (Continued) Ad valorem tax; public utility company; return ............................................................HB 610 Boats; certificates of number for vessels; issuance......................................................HB 1148 Counties and municipalities; multi-year agreements ....................................................HB 256 Domesticated foreign corporations; definition ...............................................................HB 724 Electric utilities property; state ad valorem tax - CA..................................................HR 221 Electric utilities; state ad valorem tax............................................................................HB 696 Electric utilities; state ad valorem tax; distribution - CA............................................HR 167 Excise tax; beer and wine..................................................................................................HB 758 Execution and sales; advertisement; requirement ..........................:............................HB 1074 Financial institutions; state and local taxation..............................................................HB 642 Food and certain services; exemption ...............................................................................HB 91 Homestead exemption; elderly; income qualification ...................................................HB 778 Hotel-motel tax; increase; use of proceeds .....................................................................HB 563 Income tax; certain deduction; home purchase..............................................................HB 505 Income tax; child care and household expenses; credit................................................HB 671 Income tax; contribution of property to certain youth organization; credit .........................................................................................................HB 999 Income tax; exclude long-term care insurance ...............................................................HB 844 Income tax; exclude Social Security benefits...............................................................HB 1170 Income tax exemption; military or federal government retirement ...........................HB 299 Income tax form; designated contribution - CA............................................................HR 420 Income tax; retirement income exemption; repeal ......................................................HB 1180 Income tax; revise Code.......................................................................................................HB 87 Income tax; special needs child; exemption ...................................................................HB 672 Income tax; tuition payments; exemption ......................................................................HB 147 Insurance; premium taxes; date of collection...............................................................HB 1160 Intangible recording tax; convert to documentary tax .................................................HB 908 Intangible tax; charitable remainder trusts; exemption .................................................HB 53 Intangible tax; level of liability; filing return...............................................................HB 1020 Joint county and municipal sales tax; define population...............................................HB 93 License fees; certain van-type vehicles used for hire....................................................HB 162 Local governments; contracts for lock box system........................................................HB 698 Local option sales tax; combined purposes ....................................................................HB 191 Local school systems; other sources of revenue - CA .....................................................HR 81 Local school systems; provide other sources of revenue - CA.......................................HR 12 Malt beverages and wine; alcohol content; exemption .................................................HB 180 Mortgages; insurance premiums and taxes; timely payment.......................................HB 980 Motor carriers; annual reports; regulation......................................................................HB 418 Motor fuel; county excise tax; imposition.......................................................................HB 518 Motor fuel tax; agricultural aircraft; exemption............................................................HB 790 Motor fuel tax; change rate......................................................................................----HB 65 Motor fuel tax proceeds; allocation - CA........................................................................HR 455 Motor fuel tax; quarterly and annual reports................................................................HB 419 Motor fuel tax; rate ............................................................................................................HB 440 Motor fuel tax; rate change.........................................................--.----........................HB 318 Motor fuel tax; refunds......................................................................................................HB 420 Motor vehicle registration; prorated fee .........................................................................HB 447 Peace officers; exempt certain retirement income.........................................................HB 656 Property of electric utilities; state ad valorem tax........................................................HB 696 Real estate transfer tax; proceeds to Superior Court Clerks'Retirement..........................................................................................................HB 469
Refunds; interest...............................................................................................................HB 1130
Revenue Commissioner; proposed assessment; notification.........................................HB 611
Sales tax; biomass; exemption..........................................................................................HB 575
Sales tax; certain printing materials; exemption ...........................................................HB 474
Sales tax; certain printing materials; exemption...........................................................HB 475

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INDEX

TAXATION AND REVENUE (Continued) Sales tax certificate; businesses; seller acting unlawfully...........................................HB 1041 Sales tax; exempt certain business periodicals ............................................................HB 1171 Sales tax; exempt certain sales at airports .....................................................................HB 920 Sales tax; exempt certain sales at airports .....................................................................HB 960 Sales tax; exempt food.........................................................................................................HB 90 Sales tax; exempt food and drink......................................................................................HB 42 Sales tax exemption; certain materials used in manufacturing items from granite..........................................................................................................HB 532 Sales tax exemption; farm crops; certain sales..............................................................HB 374 Sales tax; exemption for wheelchairs, orthopedic devices, or prostheses ....................HB 59 Sales tax; increase 2'V statewide; education - CA.........................................................HR 416 Sales tax; motor vehicle; applicability.............................................................................HB 664 Sales tax; retail dealer; payment included with return ................................................HB 467 Special county sales tax; cultural, recreational or historic facilities............................................................................................................HB 1136 Special l'Y> sales tax; educational purposes ...................................................................HB 424 Special sales and use tax; educational purposes; referendum - CA..............................HR 84 Special sales tax; certain cultural, recreational or historic facilities..............................................................................................................HB 740 Special sales tax; counties and municipalities; water and sewer projects..........................................................................................................HB 479 State Board of Equalization; abolish...............................................................................HB 337 State lottery; provide.........................................................................................................HB 204 Tax assessors; confidentiality of records.........................................................................HB 121 Tax; certain income of states; urge amendment to United States Constitution.........................................................................................................HR 300 Tax commissioners and collectors; minimum salaries ..................................................HB 461 Tax evasion; criminal penalties .........................................................................................SB 119 Tax executions; authority of tax collectors and commissioners ..................................HB 188 Tax executions; costs of advertisements .........................................................................HB 439 Tax receiver, collector, or commissioner; filling vacancies in office............................SB 170 Tax returns; confidential information; furnish to certain persons .............................HB 118 Time-share estates; status.................................................................................................HB 200 Wills; property; spouse receive maximum marital deduction.......................................SB 255
TAYLOR COUNTY Board of commissioners; districts.....................................................................................SB 297 Magistrate court; amend provisions..................................................................................SB 172
TAYLOR, REVEREND E. DON; congratulate............................................................HR 302
TAYLOR, SUSAN ELAINE; commend........................................................................HR 518
TEACHERS (Also, see Education) Contracts; ten day review period ......................................................................................SB 231 Life certificates; continuing education courses ..............................................................HB 543 Paraprofessional Teacher Assistants and Education Secretaries; create committee .......................................................................................HR 306 Retirement; certain municipality; employee contributions ........................................HB 1044 Retirement; certain personnel of Education Department..........................................HB 1071 Retirement; computation; certain limitation..................................................................HB 173 Retirement; creditable service; reduce years..................................................................HB 901 Retirement; employer contributions................................................................................HB 277 Retirement; football coaching service; credit.................................................................HB 381 Retirement; membership; certain county employees ....................................................HB 704 Retirement; military school service; credit.....................................................................HB 725 Retirement; postretiremen! benefit adjustment ............................................................HB 357 Retirement; pregnancy leave; credit................................................................................HB 278

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INDEX

2759

TEACHERS (Also, see Education) (Continued) Retirement; private school service; credit.......................................................................HB 158 Retirement; reestablishing creditable service.................................................................HB 382 Retirement; service in certain private colleges; credit..................................................HB 706 Retirement; service in private schools; credit ..............................................................HB 1182 Sick leave; credit.................................................................................................................HB 423 Surviving spouses; health insurance................................................................................HB 757 Teachers and school personnel; certain salary deductions; employee benefit.............................................................................................................HB 638
TELEPHONE AND TELEGRAPH SERVICE Automatic telephone dialing; certain prohibitions..........................................................HB 43 Emergency Telephone No. 911 Service; fees..................................................................HB 218 Rural telephone cooperatives; fees.....................................................................................HB 21 Sales tax; exempt food and certain services.....................................................................HB 91 Telephone conversation; taping prohibitions.................................................................HB 550
TELEPHONE CENTER; express appreciation.............................................................HR 381
TELEPHONE PIONEERS; commend...........................................................................HR 343
TELEVISION Death penalty; televise executions.....................................................................................HB 89 Landlords; cable television service; certain prohibitions.................................................SB 16 Torts; visual or sound broadcast; defamatory statements ............................................SB 343 Video movies; display of official rating...........................................................................HB 198
TERRORISM; Antiterroristic Training Act; enact........................................................HB 916
THAXTON, ELISE; commend .........................................................................................HR 149
THEFT Shoplifting; municipal courts; jurisdiction......................................................................HB 265 Shoplifting; property value; amend provisions ..............................................................HB 824
THOMASVILLE, CITY OF Board of commissioners; election.....................................................................................HB 574 Board of education; change composition and election..................................................HB 573
THOMPSON, RICHARD; commend..............................................................................HR 325
THORNTON, SHERIFF FRANKLIN; commend......................................................HR 309
THUNDERBOLT, TOWN OF Clerk and ex officio treasurer; abolish office .................................................................HB 410 Mayor and aldermen; compensation................................................................................HB 411
TIFT COUNTY Board of education and superintendent; extend - CA..................................................HB 406 Development Authority; powers; extend - CA...............................................................HB 407 Development Authority; tax levy; extend - CA.............................................................HB 408
TIFTON, CITY OF Homestead exemption........................................................................................................HB 150 Recorder's court; change name to municipal court.......................................................HB 149
TOOMBS COUNTY; board of education; election .....................................................HB 1135
TOORCHEN, JON; commend for painting "Courthouse Museum in Cleveland" ...HR 486
TORTS Action for deficiencies in construction; limitation period ............................................HB 715 Actions against law enforcement officer; bond................................................................HB 46

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2760

INDEX

TORTS (Continued) Amend provisions ...................................................................................................................HB 1 Amend provisions ....................................................................................................................SB 1 Asbestos; liability for removal, encapsulation, cleaning or disposal...........................HB 341 Business corporations; certain persons; limitations of liability ...................................HB 799 Charitable institutions; certain liability ..........................................................................HB 340 Charitable organizations; certain immunity ...................................................................HB 339 Chemical products; certain exceptions ............................................................................HB 753 Civil process; malicious abuse...........................................................................................HB 745 Corporate officers or directors; liability ..........................................................................HB 209 Corporations; employees and officers; indemnification and expenses.........................SB 302 Food donations to charities; liability.................................................................................HB 73 Independent contractor; employer's liability ..................................................................SB 207 Injury resulting from criminal act on public property; prohibit action........................SB 68 Insurance; annual reports; certain requirement..............................................................SB 134 Medical malpractice; amend provisions ...............................................................................SB 2 Medical students; immunity .............................................................................................HB 759 Nonprofit corporations; certain persons; limitations of liability.................................HB 798 Nonprofit organizations; qualified immunity ..................................................................SB 113 Persons who furnish alcoholic beverages to minors....................................................HB 1123 Product liability; certify manufacturer ............................................................................SB 140 Product liability; time limitations......................................................................................HB 29 Punitive damages................................................................................................................HB 253 Visual or sound broadcast; defamatory statements .......................................................SB 343 Wrongful death of parent; action by child ......................................................................SB 259
TOURISTS; hotel-motel tax; increase; use of proceeds.................................................HB 563
TOWNS COUNTY; commissioner; compensation ..........................................................SB 389
TRADE (See Commerce and Trade)
TRAFFIC OFFENSES (See Motor Vehicles and Traffic)
TRANSPORTATION, DEPARTMENT OF (Also, see Highways, Bridges and Ferries) Airports; counties and municipalities register as operators.........................................HB 942 C. W. Bradley Bridge; designation .....................................................................................SR 12 Employee injured in line of duty; compensation............................................................SB 160 Highways; length of certain vehicles; designation of signs ...........................................SB 368 Highways; length of vehicle; special permits..................................................................HB 170 Highways; property acquisition; future purposes ...........................................................SB 118 Highways; trucks travel in certain lanes.........................................................................HB 399 Highways; vehicles transporting boats; permits.............................................................HB 445 Highways; weight and load of vehicles; enforcement....................................................HB 849 Highways; weight and load of vehicles; pick-up and delivery ......................................SB 357 J. R. Alien Parkway; designate...........................................................................................HR 62 Joseph Wilson Smith Bridge; designate............................................................................HR 61 Local governments; contracts; bids..................................................................................HB 606 MARTA; board of directors meet with local governing bodies...................................HB 733 MARTA; conform certain committee designations.........................................................HR 53 MARTA; construction of certain projects; funds ..........................................................HB 243 MARTA; future completion and operation of additional rail system........................HB 699 Rest areas; vending machines; operation by blind persons..........................................HB 151 State Board of Transportation; election of Honorable William Evans............................................................................................Page 135 State Board of Transportation; election of Honorable Frank Morast, Jr.......................................................................................Page 137 Truck-tractors; tire covers; exemption ............................................................................HB 367

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INDEX

2761

TREBECK, ALEX AND JEOPARDY TEEN TOURNAMENT PROGRAM; commend.....................................................................................................HR 511
TRENTON, CITY OF; new charter..................................................................................SB 185
TRESPASSING Criminal trespass or damage to property; negligence...................................................HB 120 Criminal trespass; spouse's intentional damage to property.....................................HB 1178 Merchants parking areas; prohibitions............................................................................HB 166
TRIALS Appeal and pretrial review; death penalty; procedures.................................................SB 100 Appeals; supersedeas in cases of contempt....................................................................HB 817 Civil practice; facts and conclusions accompany judgment.........................................HB 657 Criminal procedure; arraignment date; notification......................................................HB 117 Criminal procedure; certain scientific reports; admissible evidence............................SB 169 Criminal procedure; two indictments for same offense................................................HB 653
TRINITY UNITED CHURCH; commend ...................................................................HR 431
TRITT ELEMENTARY SCHOOL; commend............................................................HR 360
TROUP COUNTY Board of education; members' compensation...........................................,.....................HB 366 Board of elections and registration; create.....................................................................HB 539 Development Authority; extend - CA...............................................................................SB 226 Governing authority; assess and collect license fees; extend - CA ..............................SB 337
TRUSTS (Also, see Wills, Trusts and Administration of Estates) Fiduciary funds; awaiting investment or distribution ................................................HB 1162 Payment of funds for real property; improvements......................................................HB 890
TUNNEL HILL, CITY OF; new charter.......................................................................HB 750
TURNER COUNTY; Development Authority; extend - CA .....................................HB 1017
TURNER, REVEREND HERSHEL; commend .........................................................HR 436
TWIGGS COUNTY; Homer Chance Highway; designate..............................................HR 96
TYBEE ISLAND, CITY OF; convey easement; fishing pier........................................HR 99
TYRONE, CITY OF; mayor pro tern; term..................................................................HB 1081

u

UNEMPLOYMENT COMPENSATION Amend provisions.................................................................................................................HB 11 Employment Security Administration Account; urge Congress to release funds..............................................................................................HR 239 Employment Security Law; maximum weekly benefit....................................................SB 75 Employment Security Law; part-time and temporary employees; eligibility......................................................................................................HB 555 Labor, Department of; supplemental appropriation.....................................................HB 562
UNIVERSITY SYSTEM OF GEORGIA (See Board of Regents, University System of Georgia or Education)
UPSON COUNTY; board of education; temporarily add member.............................HB 994
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2762

INDEX

USED CAR DEALERS; Board administer examination.............................................HB 576

VALDOSTA HIGH SCHOOL "WILDCATS" FOOTBALL TEAM; commend .............................................................................................................. HR 82
VALDOSTA, CITY OF Redefine corporate limits ..................................................................................................HB 892 Valdosta-Lowndes County Airport Authority; establish..............................................HB 893
VENATOR, DANA; commend..........................................................................................HR 512
VENEREAL DISEASE AIDS, ARC and HIV; Human Resources to make study.............................................HR 166 AIDS victims; notification prior to medical treatment...................................................HB 36 Consent for surgical or medical treatment; disclosure..................................................HB 107 Marriage license; AIDS testing; requirements ...............................................................HB 604 Prisoners; determination of communicable disease.........................................................HB 92 Sexual offenses; AIDS testing; requirement.................................................................HB 1047 Sexually transmissible infections; control provisions....................................................HB 167
VERDICT AND JUDGMENT; crimes and offenses; effect of repeal or amendment to law .........................................................................................SB 230
VETERANS ADMINISTRATION'S NATIONAL SALUTE TO HOSPITALIZED VETERANS; commend........................................................HR 234
VETERANS' AFFAIRS Employees' Retirement; certain credit............................................................................HB 110 Employees' Retirement; military service; credit............................................................HB 822 Georgia War Veterans Cemetery; establish....................................................................HB 727 Georgia War Veterans Cemetery; establish.....................................................................SB 359 Income tax; exemption; military or federal government retirement ..........................HB 299 Joel E. Scott Building at Georgia War Veterans Nursing Home...............................HR 298 License plates; Pearl Harbor survivors ...........................................................................HB 429 Veterans Administrations's national salute to hospitalized veterans; commend.........................................................................................................HR 234
VETOES; communications from Governor.....................................................Pages 27, 28, 1357
VICKERY, MR. AND MRS. RICHARD; commend .................................................HR 491
VICTIMS OF CRIMES Compensation; funding - CA ............................................................................................HR 281 Crime Victims Compensation Fund; fees on bonds......................................................HB 861 Expressing declared rights..................................................................................................HR 75 Workers' compensation; assistance program..................................................................HB 791
VIDALIA, CITY OF; board of education; election.......................................................HB 468
VILLA RICA WILDCATS FOOTBALL TEAM - 1986; invite to House ............HR 78
VITAL RECORDS Children's Trust Fund Commission; establish................................................................SB 159 Death certificates; physician's assistant; signature ........................................................SB 260
VOCATIONAL EDUCATION Long-term care facilities; vocational training.................................................................HR 341
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INDEX

2763

VOCATIONAL EDUCATION (Continued) Long-term care personnel; training..................................................................................HB 687 Postsecondary Vocational Education; nursing home assistant programs ................HB 1003 Postsecondary vocational-technical schools; employee benefits..................................HB 267 School year; increase number of days .............................................................................HB 262 Special 1'V sales tax; educational purposes ...................................................................HB 424
VOTING (Also, see Elections) Absentee voting; definitions..............................................................................................HB 421 Assistance to elector; poll officer shall be present........................................................HB 830 Candidates; plurality of votes.............................................................................................HB 85 Certain public officials; plurality of votes cast; election - CA.......................................HR 27 Electors; certified list; delete filing requirement............................................................HB 190 License examiners; deputy registrars...............................................................................HB 551

w

WALKER COUNTY Clerk of superior court; compensation............................................................................HB 690 Coroner; compensation.......................................................................................................HB 766 Probate judge; compensation............................................................................................HB 691 State court; provide secretary for judge........................................................................HB 1127 Tax commissioner; compensation.....................................................................................HB 692
WALRAVEN, SHERIFF WESLEY; commend and invite to House.......................HR 190
WALTON COUNTY One school district; excluding Social Circle; extend - CA............................................HB 866 Water and Sewerage Authority; create............................................................................HB 865
WALTON HIGH SCHOOL; commend...........................................................................HR 359
WALTON, MILDRED; commend .....................................................................................HR 39
WARE COUNTY State court; judge and solicitor; compensation ..............................................................HB 709 Ware County-City of Waycross; industrial tax; extend - CA ......................................HB 570
WARNER ROBINS, CITY OF Development Authority; creating; extend - CA.............................................................HB 946 Governing authority; change provisions..........................................................................HB 293
WARRANTS Fire safety inspection warrants; requirements.............................................................HB 1116 Pardon or parole; requirement for release; warrantless searches................................HB 119
WARREN COUNTY SCHOOL REUNION OF TWENTY-SIX SCHOOLS; recognize.......................................................................................................HR 351
WASHINGTON-WILKES HIGH SCHOOL FOOTBALL TEAM; commend and invite to House ..........................................................................HR 264
WASHINGTON, CITY OF; Washington Wilkes Payroll Development Authority; create; extend - CA.................................................................HB 490
WASHNOCK, MAJOR DAVID N.; commend ............................................................HR 287
WATER AND WASTEWATER Clean Water Act; reauthorize; urge Congress ..................................................................HR 69
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2764

INDEX

WATER AND WASTEWATER (Continued) Environmental protection; marine toilets; amend provisions......................................HB 308 Groundwaters; permits for farm use................................................................................HB 137 Municipalities; water and sewer services; responsibility ..............................................HB 773 Special sales tax; counties and municipalities; water and sewer projects..........................................................................................................HB 479 Water well contractors; licensing ...................................................................................HB 1144 West Georgia Regional Water Authority; create .........................................................HB 1156
WATERS, PORTS AND WATERCRAFT Altamaha River Basin Project; relative to......................................................................HR 490 Boats; certificates of number for vessels; issuance......................................................HB 1148 Boats; numbering system; certain exception..................................................................HB 239 Clean Water Act; reauthorize; urge Congress ..................................................................HR 69 Coastal marshlands; certain activities on private property; exclusions .....................HB 268 Environmental protection; marine toilets; amend provisions ......................................HB 308 Groundwaters; permits for farm use................................................................................HB 137 Hazardous materials or oil; certain quantities; report spill .........................................HB 775 Highways; vehicles transporting boats; permits.............................................................HB 445 Juvenile proceedings; certain traffic or waterways offenses; jurisdiction........................................................................................................SB 147 Waterfowl Stamp Fund; establish....................................................................................HB 326 West Georgia Regional Water Authority; create.........................................................HB 1156
WATERS, SUSAN; commend...........................................................................................HR 150
WAYCROSS, CITY OF Board of education; election...........................................................................................HB 1028 Grant easement...................................................................................................................HR 133 New charter; mayor ..........................................................................................................HB 1126 Ware County-City of Waycross; industrial tax; extend - CA ......................................HB 570
WAYNE COUNTY Board of education; election; extend - CA......................................................................HB 938 County administrator; extend - CA.................................................................................HB 939 Industrial Development Authority; create; extend - CA..............................................HB 940
WEAPONS Antiterroristic Training Act; enact..................................................................................HB 916 False or facsimile bombs; prohibitions............................................................................HB 601 Firearms; discharging within certain areas; penalty......................................................HB 752 Firearms; lost license; requirements for new permit.....................................................HB 612 Persons on probation; certain prohibition......................................................................HB 466 Possession during commission of crime..........................................................................HB 365 Prisoners; unlawful possession............................................................................................HB 17 Prohibit sales of certain toys............................................................................................HB 523 Prohibitions; magistrates; certain exemptions...............................................................HB 343 Retention of weapon used in crime .................................................................................HB 818
WEIGHTS AND MEASURES Highways; length of certain vehicles; designation of signs ...........................................SB 368 Highways; length of vehicle; special permits..................................................................HB 170 Highways; length of vehicles transporting boats...........................................................HB 129 Highways; length of vehicles transporting boats ...........................................................HB 130 Highways; vehicles transporting boats; permits.............................................................HB 445 Highways; weight and load of vehicles; enforcement....................................................HB 849 Highways; weight and load; refrigerated vehicles..........................................................HB 231 Weight and load of vehicles on highway; permits .........................................................HB 104
WELFARE (See Social Services)

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INDEX

2765

WELLS, DORIAN PATRICK, JR.; compensate.........................................................HR 218
WEST POINT, CITY OF Bonded indebtedness; flood protection; extend - CA....................................................SB 338 Downtown West Point Development Authority; extend - CA .....................................SB 224 West Point Development Authority; extend - CA.........................................................SB 225
WESTERN JUDICIAL CIRCUIT; supplementary compensation ..........................HB 590
WESTWOOD HIGH SCHOOL BOYS BASKETBALL TEAM; commend .......HR 378
WHEELER HIGH SCHOOL; commend........................................................................HR 362
WHITE, CITY OF; aldermen; election for four years ...................................................HB 854
WHITE COUNTY; board of commissioners; membership .........................................HB 1113
WHITFIELD COUNTY Board of education; members and superintendent; election; extend - CA................HB 682 Coroner; compensation and appointment of deputy coroner .......................................SB 381 Homestead exemption; increase; extend - CA................................................................HB 684
WIGGINTON, B. ELIOT; commend...............................................................................HR 220
WIGHT NURSERIES, INC.; commend ........................................................................HR 212
WILBURN, ODESSA N.; condolences ...........................................................................HR 353
WILCOX COUNTY; board of education; election of members; extend - CA...........HB 361
WILDER, WILLIAM E.; compensate.............................................................................HR 265
WILDLIFE Crop damage by deer; payment of claims.......................................................................HB 564 Damage by deer to property; authorization to kill........................................................HB 391 Damage by deer to property; authorization to kill........................................................HB 392 Hunting; antlerless or either-sex deer on certain days.................................................HB 655 Hunting deer at night from vehicle or boat; prohibitions............................................HB 637 Hunting; either-sex or antlerless deer; bag limit .........................................................HB 1008 Hunting; stands by person other than landowner; prohibitions .................................HB 771 Natural Resources, Department of; wildlife technicians; reclassify..........................HB 1149 Trapping foxes ....................................................................................................................HB 456
WILKERSON, TAMMY; commend................................................................................HR 155
WILKES COUNTY; Washington Wilkes Payroll Development Authority; create; extend - CA.................................................................HB 490
WILKINSON COUNTY HIGH SCHOOL MARCHING WARRIORS BAND; commend ....................................................................................HR 318
WILLACOOCHEE, CITY OF; mayor and aldermen; term of office ........................HB 744
WILLIAMS, COLLEEN OUZTS; honoring.................................................................HR 257
WILLIAMS, HONORABLE WILLIAM ROGER; commend .................................HR 474
WILLIAMS, MR. AND MRS. JACOB CORNELIUS; congratulate on 75th wedding anniversary ..................................................................................................HR 183
WILLIAMS, WINFRED, CARLOS AND MELANIE; commend.........................HR 467
WILLIFORD, BRUCE; honoring memory .....................................................................HR 481
WILLS, TRUSTS AND ADMINISTRATION OF ESTATES Administrator for the county; eligibility .........................................................................HB 584

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2766

INDEX

WILLS, TRUSTS AND ADMINISTRATION OF ESTATES (Continued) Administrators; aliens; authorization.................................................................................HB 55 Administrators and executors; amend provisions..........................................................HB 668 Administrators and executors; posting bond..................................................................HB 670 Common law marriage; validity........................................................................................HB 952 County administrators; waive certain residency requirement.....................................HB 497 Estates; year's support; amend provisions......................................................................HB 729 Executory trust; amend provisions................................................................................HB 1151 Guardians or trustees; commissions...............................................................................HB 1163 Illegitimate child; inheritance...........................................................................................HB 498 Inventories and returns; filing requirements..................................................................HB 598 Living wills; revocation........................................................................................................HB 18 Nonresident executors; bond requirements....................................................................HB 599 Property; spouse receive maximum marital deduction..................................................SB 255 Trust companies; fiduciary funds; awaiting investment or distribution..................HB 1162 Trusts; payment of funds for real property improvement...........................................HB 890
WILSON, HONORABLE JOE MACK; commend.....................................................HR 330
WILSON, THOMAS MURRAY; condolences..............................................................HR 274
WINDER, CITY OF Barrow County and City of Winder School System; merger; extend - CA...............HB 395 Corporate powers................................................................................................................HB 828
WINE (Also, see Alcoholic Beverages and Alcoholism) Alcohol content...................................................................................................................HB 199 Alcohol content; tax exemption........................................................................................HB 180 Excise tax.............................................................................................................................HB 758
WITNESSES Evidence; arson investigator; fees.....................................................................................SB 264 Evidence; husband and wife ................................................................................................SB 34 Evidence; offense against minor; spouse's testimony....................................................HB 181 General Assembly committees; subpoena witnesses........................................................HB 40 Law enforcement officers; fees .........................................................................................HB 127 Workers' compensation; witness at hearing; prohibit discharge .................................HB 413
WOOD, KATIE; commend.................................................................................................HR 472
WOODSTOCK BAPTIST CHURCH; recognize 150th anniversary ........................HR 337
WOODSTOCK, CITY OF; mayor; term of office ..........................................................SB 350
WORKERS' COMPENSATION Administrative Procedure; rules.....................................................................................HB 1053 Benefits; residency requirements.....................................................................................HB 414 Common carriers; certain exception ................................................................................HB 282 County officials; inclusion.................................................................................................HB 342 Guardians; certain persons.................................................................................................SB 188 Guardians; mentally ill persons.........................................................................................SB 187 House Workers' Compensation Self-Insurance Solvency Study Committee; create...........................................................................................................HR 368 Indemnity, medical, and rehabilitation expenses; reimbursement ..............................SB 312 Injured employee; job refusal............................................................................................HB 556 Injured while under influence of drugs.........................................................................HB 1175 Municipalities; self-insurance fund ..................................................................................HB 245 Occupational disease; amend provisions..........................................................................SB 133 Partial dependency; termination.......................................................................................SB 132 Retaliatory dismissal........................................................................................................HB 1056

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INDEX

2767

WORKERS' COMPENSATION (Continued) State Board; open records .................................................................................................HB 681 Trade or professional association; group self-insurance fund..................,...................HB 557 Victims of crime; assistance program ..............................................................................HB 791 Witness at hearing; prohibit discharge............................................................................HB 413
WORLD CONGRESS CENTER; convention and trade show facilities ................HB 1035
WORTH COUNTY Board of commissioners; compensation of chairman ....................................................HB 929 Development Authority; extend - CA..............................................................................HB 928 Motor vehicle registration.................................................................................................HB 926
WRAY, THOMAS DOWDEN; compensate....................................................................HR 58
WRIGHT, DEVIN; commend............................................................................................HR 162
WRIGHT, MAURICE; commend.....................................................................................HR 471

YOUTH ASSEMBLY; commend.....................................................................................HR 276

ZONING Area Planning and Development Commission; certain assessments............................HB 80 Area Planning and Development Commissions; review................................................HB 281 Certain campaign contributions; disclosure....................................................................HB 113 Counties and municipalities; land use plans; zoning power - CA.................................HR 44 DeKalb and Fulton Counties; zoning procedures; amend............................................HB 910 Injunctive relief.................................................................................................................HB 1168 Local governments; land use planning and development.............................................HB 330 Local governments; powers ...............................................................................................HB 701 Redevelopment Powers Law; amend...............................................................................HB 561 Zoning Procedures Law; amend .......................................................................................HB 520 Zoning Procedures Law; amend .......................................................................................HB 572 Zoning proposal review; certain counties and municipalities ......................................HB 571

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PART II
HOUSE BILLS
HB 1 --Torts; amend provisions..................................... 32, 61, 62, 80, 364, 1102, 1131, 1154, 1161, 1176, 1192, 1221
HB 2 --Supplemental Appropriations; FY 1986-87.....................................32, 61, 62, 91, 351, 352, 362, 362, 2041, 2051
HB 3 --Tallapoosa Judicial Circuit; terms ..........................................32, 61, 74, 111, 340 HB 4 --Retirement benefits; beneficiary change; notify spouse.............................32, 61 HB 5 --Motor vehicle insurance; certain state owned vehicles ...............................33, 61 HB 6 --Fishing license requirements; waiver ..................................33, 61, 712, 875, 1458 HB 7 --Game and Fish Title; amend provisions ......................................33, 61, 200, 277 HB 8 --Seat belts; requirements..........................................................................33, 61, 391 HB 9 --State Professional Sports Commission; create............................................33, 61,
175, 392, 419 HB 10 --Indemnification; emergency medical technicians .......................................33, 61,
272, 1089, 1416, 1970, 2006, 2123, 2159, 2270, 2466, 2649 HB 11 --Employment Security Law; amend provisions....................34, 61, 170, 205, 768 HB 12 --Immunization of students; waiver period ..........................34, 61, 229, 284, 1217 HB 13 --Crisp County-Cordele Industrial Development Authority;
create; extend -CA..............................................................34, 61, 79, 79, 271 HB 14 --False identification documents; unlawful possession..................................34, 61 HB 15 --Magistrate courts; law library fees......................................................34, 61, 1437 HB 16 --Magistrate courts; writs of execution; clerks' fees......................................35, 61,
74, 86, 1217 HB 17 --Inmates; drugs, alcoholic beverages, and weapons;
unlawful possession......................................................35, 61, 109, 209, 1570, 1732, 1739, 1757, 1815, 2137, 2475
HB 18 --Living wills; revocation.............................................................35, 61, 74, 87, 1218 HB 19 --Supreme Court; seven justices.................................................35, 61, 74, 88, 1152 HB 20 --Economic Development Council; membership......................................35, 61, 74,
213, 1052, 1186 HB 21 --Rural telephone cooperatives; fees......................................35, 61, 402, 735, 1218 HB 22 --Marijuana; production; court jurisdiction ....................................36, 61, 109, 215 HB 23 --Code of Georgia; corrections and revisions............................36, 61, 74, 119, 381 HB 24 --District attorneys' investigators; membership in
Employees' Retirement System.............................................................36, 61 HB 25 --Superior court judges; election............................................36, 61, 135, 177, 1100 HB 26 --Election Code; corrections and revisions ...............................36, 61, 74, 121, 381 HB 27 --District Attorney's investigators; appointment; Health
Benefit Plan.............................................37, 61, 460, 995, 1695, 1731, 1816, 1917, 1949, 2477, 2649
HB 28 --Articles of incorporation; filing fees .......................................37, 61, 74, 87, 1458 HB 29 --Certain tort actions; 10-year period .......................................................37, 61, 74,

2770

INDEX

273, 2171, 2361 HB 30 --Traffic offenses; jury trial; withdrawal of waiver .......................................37, 61,
74, 88, 1021 HB 31 --Partnership; may sue or be sued.........................................37, 61, 109, 140, 1904 HB 32 --Superior Court; senior judge; increase per diem
compensation........................................................^?, 61, 432, 456, 477, 1243 HB 33 --Criminal prosecutions; limitations; certain offenders................................38, 61,
109, 141, 445, 740 HB 34 --Burning of woods, lands, and marshes; permit...........................38, 61, 109, 180 HB 35 --Bail bonds; release of surety from liability; certain
conditions ..............................................38, 61, 1012, 1068, 1970, 2019, 2139 HB 36 --AIDS victims; certain persons; notification..................................................38, 61 HB 37 --Driving under the influence; certain violations; specify acts
in other jurisdictions...............................................................38, 61, 135, 176 HB 38 --Dietitians and dietetic counselors; definitions............................................38, 61,
219, 275, 1152 HB 39 --Schools; compulsory attendance; age for enrollment..................................39, 61 HB 40 --General Assembly committees; subpoena witnesses....................................39, 61 HB 41 --Sexual offenses; age of consent.......................................................................39, 61 HB 42 --Sales tax exemption; food and drink.............................................................39, 61 HB 43 --Automatic telephone dialing; certain prohibitions...............................39, 61, 74,
84, 1384, 1473, 1567, 1624, 1625, 2346, 2456 HB 44 --Gwinnett Judicial circuit; add judge ..................................39, 61, 201, 276, 1152 HB 45 --Local government investment pool; bond proceeds ...................................40, 61,
402, 452, 1152 HB 46 --Torts; actions against law enforcement officer; bond.................................40, 61 HB 47 --Criminal procedure; scientific evidence;
GBI report................................................................................40, 61, 135, 215 HB 48 --Public records; certain information;
confidential...........................................................................40, 61, 1248, 1491 HB 49 --General Assembly members; certain allowances..........................................40, 61 HB 50 --Driving under the influence; driver's license reinstatement;
requirements.............................................................................................40, 61 HB 51 --Motorcycles; operators wear headsets or headphones ................................41, 61 HB 52 --Peace Officer Standards and Training; jail or communication
officers.......................................................................................................41, 62 HB 53 --Intangibles tax; charitable remainder trusts; exemption............................41, 62 HB 54 --Fireworks; application for permit ..................................................................41, 62 HB 55 --Administrators; aliens; authorization..................................41, 62, 468, 690, 2343 HB 56 --Contracts; cancellation by certified mail;
notify purchaser............................................................41, 62, 334, 388, 2343 HB 57 --Probate court judge; incapacity or inability;
removal............................................................................................42, 62, 1437 HB 58 --Probate court judges; eligibility requirement; certain
counties.....................................................................................42, 62, 220, 344 HB 59 --Sales tax exemption; wheelchairs, orthopedic devices,
prostheses..................................................................................................42, 62 HB 60 --State Racing Commission; create; regulate pari-mutuel
racetracks..................................................................................................42, 62 HB 61 --Sodomy; description of offense ............................................................42, 62, 1090 HB 62 --Alcoholism and drug abuse; additional penalties;
procedure...................................................................................................42, 62
HB 63 --License plates; Georgia Southwestern College............................................43, 62, 432, 453, 1020
HB 64 --Americus-Sumter Payroll Development Authority;
extend - CA..........................................................................43, 62, 79, 79, 340
HB 65 --Motor fuel tax; change rate.............................................................................43, 62

INDEX

2771

HB 66 --Annexation; certain counties; change population .......................43, 62, 202, 347 HB 67 --Special license plates; Agnes Scott College .................................................43, 62,
432, 494, 1020 HB 68 --Municipal court; traffic fines paid to municipalities .................................43, 62,
201, 251 HB 69 --Disposition of unclaimed property; certain exceptions..............................44, 62,
468, 765, 1780 HB 70 --Motor vehicle insurance; proof; amend provisions.............................44, 62, 220,
235, 1154, 1177 HB 71 --Motor vehicles; child restraint requirements ...............................................44, 62 HB 72 --Motorcycles; proof of insurance ................................44, 62, 432, 760, 1460, 1508 HB 73 --Torts; food donations to charities; liability.........................................44, 62, 135,
211, 1220, 1245
HB 74 --Controlled substances; forfeited property; use of funds..............................................................................44, 62, 109, 139
HB 75 --Motor vehicle equipment; annual inspection; certain vehicles.........................................................................................45, 62
HB 76 --Magistrate Courts; certain offenses; jurisdiction................................45, 62, 264, 363, 1970, 2003
HB 77 --Annexation; zoning plans; county population ..............................................45, 62 HB 78 --Chatham County; compensation of certain officials............................45, 62, 79,
79, 859, 878 HB 79 --Chatham County; magistrates; additional appointment .....................45, 62, 79,
79, 1053, 1063, 1103, 1187, 1247, 1410, 1461 HB 80 --Area Planning and Development Commission; certain annual per
resident assessments.................................................45, 62, 1013, 1073, 1539 HB 81 --Motor vehicles; safety and equipment inspection .......................................46, 62 HB 82 --Georgia Youth Conservation Corp; establish ......................................50, 78, 403,
447, 1052, 1185 HB 83 --Merit system employee; hearings; representation .......................................50, 78 HB 84 --Investment; state funds; South African institutions..................................50, 78,
1045, 1106, 1158, 1222, 1407 HB 85 --Candidates; plurality of votes.........................................................................51, 78 HB 86 --State employees; sick leave; amend provisions ............................................51, 78 HB 87 --Revenue Code; revise .................................................51, 78, 752, 866, 1384, 1427,
1461, 1493, 1568, 1589, 1789, 1907 HB 88 --County government; board of commissioners; requirement.......................51, 78 HB 89 --Death penalty; televise executions.................................................................51, 78 HB 90 --Sales tax; exempt food.....................................................................................51, 78 HB 91 --Sales tax; exempt food and certain services.................................................52, 78 HB 92 --Prisoners; determination of communicable disease ...........................52, 78, 460,
682, 1220, 1241 HB 93 --Joint county and municipal sales tax; define population...........................53, 78 HB 94 --Coroner's Training Council; quorum........................53, 78, 219, 286, 1154, 1187 HB 95 --Assault against elderly; mandatory penalty .................................................53, 78 HB 96 --Controlled substances; distribution to minors; penalty..............................53, 78 HB 97 --Schools; sex education course; requirement .................................................53, 78 HB 98 --Aggravated assault against elderly; penalty .................................................53, 78 HB 99 --Simple battery against elderly; penalty .........................54, 78, 1089, 1226, 1692 HB 100 --Simple assault or battery against elderly; penalty ......................................54, 78 HB 101 --Drug trafficking; penalty.................................................................................54, 78 HB 102 --Aggravated battery against elderly; penalty.................................................54, 78
HB 103 --Controlled substances; distribution to minors; penalty..............................54, 78
HB 104 --Weight and load of vehicles on highway; permits.......................................55, 78
HB 105 --Motor vehicles; staggered registration; late penalty...................................55, 78,
78, 119, 365
HB 106 --Legislative Retirement; creditable service....................................................55, 78

2772

INDEX

HB 107 --Consent for surgical or medical treatment; disclosure...............................55, 78, 1043, 1128, 1163, 2138, 2153, 2268, 2311, 2584, 2619
HB 108 --Real estate brokers and salespersons; licenses ...................................55, 78, 402, 623, 1460, 1512
HB 109 --Jenkins County; board of education; compensation...................................55, 78, 110, 110, 271
HB 110 --Employees' Retirement; certain military service credit..............................55, 78 HB 111 --Insurance consumer advocate; create ............................................................56, 78 HB 112 --Chattahoochee County; motor vehicles; staggered
registration.......................................................................56, 78, 110, 110, 271 HB 113 --Zoning; certain campaign contributions;
disclosure ..................................................................................56, 78, 202, 290 HB 114 --Fulton County; homestead exemption; elderly ............................................56, 78 HB 115 --Campaign contributions; disposition of excess
contributions ..................................................................................56, 78, 1045 HB 116 --Municipalities; fines from certain criminal cases .......................................56, 78,
201, 272 HB 117 --Criminal procedure; arraignment date; notification...................................57, 78,
201, 250 HB 118 --Tax returns; confidential information; furnish to certain
persons.......................................................................................................57, 78 HB 119 --Pardon or parole; warrantless searches .........................................................57, 78 HB 120 --Criminal trespass or damage to property; negligence.................................57, 78 HB 121 --Tax assessors; confidentiality of records..............................57, 78, 109, 216, 898 HB 122 --Decatur County; board of education; compensation ..................................58, 78,
110, 110, 1097 HB 123 --Decatur County; State Court; judge and solicitor;
compensation.................................................................58, 78, 110, 111, 1097 HB 124 --Bad checks; amend provisions........................................................................58, 78 HB 125 --Dentistry; define practice .......................................................58, 78, 219, 283, 899 HB 126 --General Assembly sessions; certain conduct;
prohibitions......................................................58, 78, 1012, 1409, 1781, 2016 HB 127 --Witnesses; law enforcement officers; fees....................................................58, 78,
201, 277, 719, 738 HB 128 --Interest and usury; origination fees and discount points;
calculation .................................................................................................58, 78 HB 129 --Highways; length of vehicles transporting boats .........................................59, 78 HB 130 --Highways; length of vehicles transporting boats .........................................59, 78 HB 131 --Oath of jailers; amend provisions........................................59, 78, 335, 387, 1153 HB 132 --Boilers and pressure vessels; regulation.............................................59, 78, 1145,
1244, 1284, 1780 HB 133 --Coroners; release certain medical records..........................59, 78, 219, 350, 1904 HB 134 --Crisp County and City of Cordele; merge school district;
extend - CA......................................................................59, 78, 110, 111, 271 HB 135 --Psychologist; license requirement .......................................60, 78, 219, 284, 1153 HB 136 --Traffic sentences; modify judgment ..............................................................60, 78 HB 137 --Groundwaters; permits for farm \iae..............................................................60, 78 HB 138 --Burke County State Court; clerk; fees .................................60, 78, 110, 111, 271 HB 139 --Tobacco products; prohibit sales to minors..................................................60, 78 HB 140 --Campaign contributions; certain candidates;
prohibitions.......................................................................................60, 78, 843 HB 141 --Interference with custody; violation of
visitation rights .................................................76, 109, 201, 349, 1541, 1730
HB 142 --Tobacco products; prohibit sales to minors ..............................76, 109, 440, 653,
676, 990, 1781, 1945, 2028
HB 143 --Medical Radiation Health and Safety Act; provide..................................76, 109
HB 144 --Clinch County; magistrate court; library fees ............................................76, 109

INDEX

2773

HB 145 --Credit cards; finance charge..........................................................................96, 134 HB 146 --Retail Installment and Home Solicitation Sales;
revolving accounts..................................................................................96, 134 HB 147 --Income tax; tuition payments; exemption ..................................................97, 134 HB 148 --Community Affairs; rural economic development plan...........................97, 134,
202, 348, 1218 HB 149 --Tifton, City of; Recorder's Court; change name
to Municipal Court.......................................................97, 134, 171, 171, 379 HB 150 --Tifton, City of; homestead exemption................................97, 134, 171, 173, 380 HB 151 --Vending machines; blind persons; operate in
certain areas ...................................................................................97, 134, 653 HB 152 --Mentally ill persons; release of certain information;
immunity .................................................................................................97, 134 HB 153 --Oglethorpe County; tax commissioner's salary .........................................98, 134,
171, 171, 380 HB 154 --State Properties Commission; members; expense allowance ..................98, 134,
335, 390, 1153 HB 155 --Jurors and grand jurors; selection; certain counties.................................98, 134,
201, 249, 2343 HB 156 --Douglas-Coffee County Industrial Authority;
extend - CA....................................................................98, 134, 171, 171, 380 HB 157 --Peace Officers' Annuity and Benefit Fund; certain Public
Service Commission employees............................................................98, 134 HB 158 --Teachers Retirement; private school service; credit..................................98, 134 HB 159 --Motor Vehicle Certificate of Title; salvaged or
rebuilt vehicle .........................................99, 134, 391, 425, 1386, 1912, 2041 HB 160 --License plates; bicentennial tags; invalid after 1989................................99, 134,
220, 294, 718 HB 161 --Motor vehicles; registration application; false
statement.................................................................................................99, 134 HB 162 --License fees; certain van-type vehicles used
for hire............................................................................99, 134, 220, 297, 718 HB 163 --License plates; rental trailere........................................................................99, 134 HB 164 --License plates; special plates; transfer fee..................................................99, 134 HB 165 --Candidates; death or resignation of party nominee.........................99, 134, 432,
496, 1461, 1726 HB 166 --Merchant parking areas; certain trespass......................100, 134, 403, 651, 1623 HB 167 --Sexually transmissible infections; control
provUion8......................................................................................100, 134, 181 HB 168 --Insurance premiums; regulation................................................................. 100, 134 HB 169 --Controlled substances; change list .................................100, 134, 440, 696, 1154,
1163, 1248, 1272, 1385, 2407, 2649 HB 170 --Highways; length of vehicle; special permits ................................100, 134, 1256,
1390, 2138, 2164, 2268, 2383 HB 171 --Marietta, City of; corporate limits ....................................77, 109, 171, 171, 1689 HB 172 --Motor vehicles; certain bumper stickers;
prohibitions ......................................................................101, 134, 1443, 1579 HB 173 --Teachers Retirement; computation; certain limitation...........................101, 134 HB 174 --Military scholarship; eligibility requirements ..........................................101, 134 HB 175 --Cobb County Board of Education; districts.............................................101, 134 HB 176 --Juries; selection requirement......................................................................101, 134 HB 177 --Ambulance service; medical technician; requirement............................101, 134,
849, 982
HB 178 --Local governments; audits; alternative reports.......................................!02, 134, 208, 349, 1051
HB 179 --Sexual offenses; exploitation of child; forfeiture of
profits.....................................................................................................l02, 134

2774

INDEX

HB 180 --Malt beverages and wine; alcohol content; tax exemption .....................77, 109, 432, 625, 648, 1540
HB 181 --Evidence; offense against minor; spouse's testimony..............................102, 134 HB 182 --Griffin Judicial Circuit; add judge..................................!02, 134, 201, 349, 1153 HB 183 --Jury lists; compilation; grand or trial jurors;
selection........................................................................??, 109, 135, 176, 1218 HB 184 --Municipal governing authority; all seats vacant;
election........................................................................!02, 134, 219, 350, 1100 HB 185 --Elections; qualifying fees; transmission ..........................102, 134, 219, 307, 760,
877, 1568, 1700, 1739, 2380, 2484, 2570, 2570, 2571, 2650 HB 186 --Recall elections; amend provisions relating to
contributions ................................................................................103, 134, 440 HB 187 --Elections; ethics provisions; editorial changes............................... 103, 134, 670,
829, 1624, 1712 HB 188 --Tax execution; authority of tax collectors or
commissioners..............................................................103, 134, 201, 294, 759 HB 189 --Sexual offenses; penalties...................................l03, 134, 1012, 1443, 1557, 2343 HB 190 --Electors; certified list; delete filing requirement ......................................77, 109,
135, 211, 476 HB 191 --Local option sales tax; combined purposes..................................... 103, 134, 752,
903, 1541, 1543, 1567, 2122, 2126 HB 192 --Children's Services Commission; create....................................................104, 134 HB 193 --State employees; health insurance; exclusion..........................................104, 134,
334, 387, 2134 HB 194 --Insurance; policy or filing fee; requirement.............................................104, 134,
1437, 1487 HB 195 --Structural Pest Control; self-insurance.....................................................104, 134 HB 196 --Insurance premium; bad check issuance; null and void.........................104, 134 HB 197 --Aggravated violence; distribution of representations to
minors...............................................................77, 109, 712, 1075, 1970, 2354 HB 198 --Video movies; display of official rating .....................................77, 109, 201, 288,
1781, 1944, 2139 HB 199 --Malt beverages and wine; alcohol content................................................104, 134 HB 200 --Time-share estates; tax status..........................................................l05, 134, 1091 HB 201 --Promotional giveaways or contests; definition........................................105, 134,
402, 483, 2173, 2364 HB 202 --Municipal elections; uniform date......................105, 134, 634, 1123, 1541, 1722 HB 203 --Homicide of a child; award of judgment........................!05, 134, 264, 346, 1101 HB 204 --State lottery; provide...................................................................................105, 134 HB 205 --Bleckley County Board of Education; districts ......................................105, 134,
171, 172, 380 HB 206 --Bleckley County Commissioner; create office.........................................106, 134,
171, 172, 380 HB 207 --Bleckley County Board of Education; election.......................................106, 134,
171, 172, 380 HB 208 --Bleckley-Cochran Industrial Development Authority; create;
extend - CA..................................................................106, 134, 171, 172, 380 HB 209 --Corporate officers, employees; Iiability....................................l06, 134, 264, 355,
1384, 1499, 1568, 1700, 1738, 1949, 1972 HB 210 --Corporations; name reservation.......................................l06, 134, 201, 301, 1218 HB 211 --Perry, City of; redevelopment powers..............................123, 170, 202, 202, 380 HB 212 --Superior Courts; Administrative Services
assistance....................................................................l23, 170, 842, 867, 1540
HB 213 --Municipalities; road defects; repeal liability............................................124, 170
HB 214 --Public records; inspection and copying; revise
provisions ..............................................................................................108, 134
HB 215 --State and local government; open meetings.............................................108, 134

INDEX

2775

HB 216 --Supplementary appropriations; FY 1987-88.............................................124, 170 HB 217 --Supplementary appropriations; FY 1986-87.............................................124, 170 HB 218 --Emergency Telephone No. 911 Service; fees ...........................124, 170, 402, 488 HB 219 --Corporations; indemnification; certain persons;
authorization.........................................................................................l24, 170 HB 220 --Magistrate courts; certain jurisdiction ......................................................124, 170 HB 221 --State Board of Pharmacy; increase fines ..................................................125, 170 HB 222 --Trademarks and service marks; applications; filing fee ........................125, 170,
201, 350, 2343 HB 223 --Minors engaging in sexual conduct; unlawful depictions.......................!08, 134 HB 224 --Judgments; motions to set aside ...................................125, 170, 403, 1232, 1904 HB 225 --Amended General Appropriations; FY 1986-87 .....................108, 134, 459, 496,
768, 771, 863, 874, 880, 913, 1020 HB 226 --General Appropriations; FY 1987-88.........................108, 134, 1248, 1301, 1817,
1817, 1908, 1908, 1916, 2067, 2138 HB 227 --Alcoholic beverages; in-room sales by hotel; license ...............................108, 134 HB 228 --Missing Children Information Center; age definition.............................!25, 170 HB 229 --Motor vehicles; registration and licensing; penalty for
non-compliance.....................................................................................125, 170 HB 230 --Garnishment; family support..........,...................................................125, 170, 849 HB 231 --Weight and load on highways; refrigerated vehicles...............................125, 170 HB 232 --Probation; county systems become part of
state-wide system..................................................!26, 170, 1248, 1471, 2343 HB 233 --Financial Institutions; amend Code...........................................................l26, 170 HB 234 --Divorce; waive evidentiary hearing;
certain cases..................,............................................126, 170, 201, 306, 1382 HB 235 --Adoption; certain affidavit; waive requirement...............................!26, 170, 264 HB 236 --Fulton County retirement fund; employees; create;
extend - CA................................................................126, 170, 440, 441, 1215 HB 237 --Fulton, Floyd and DeKalb Counties; board of education; payment
of outstanding loans; extend - CA..........................126, 170, 752, 753, 1901 HB 238 --Battery offense; sentence served during
nonworking hours ........................................................................127, 170, 849 HB 239 --Boats; numbering system; certain exception...........................................!27, 170,
712, 975, 1692 HB 240 --Indemnification; emergency medical technicians ....................................127, 170 HB 241 --Interest and Usury; post-judgment application.................................,....127, 170,
264, 413, 1101 HB 242 --Legislative Retirement; creditable service allowance..............................!27, 170 HB 243 --MARTA; construction of certain projects; funds ...................................128, 170,
202, 245, 409
HB 244 --Controlled substances; seizure; utilization of proceeds .................................................................128, 170, 460, 878, 1623
HB 245 --Workers' compensation; municipalities; self-insurance fund...........................................128, 170, 272, 635, 691, 1692
HB 246 --Counties and municipalities; interlocal risk management agencies; definition ...................................................128, 170, 635, 693, 1693
HB 247 --Public school employees health plan; include former retired persons....................................................................!28, 170, 1089, 1430, 2343
HB 248 --Controlled substances; trafficking; penalty ..............................................129, 170
HB 249 --Death penalty; murder committed during drug trafficking .............................................................................129, 170, 264, 353
HB 250 --Controlled substances; forfeited property; use of proceeds ...........................................................................129, 170, 264, 353
HB 251 --Controlled substances and marijuana; unlawful act................................!29, 170
HB 252 --State licensing boards; expense allowance................................................129, 170
HB 253 --Torts; punitive damages..............................................................................129, 170

2776

INDEX

HB 254 --Health Care data system; provide..............................................................!30, 170 HB 255 --Health Planning Agency; hospital reports; submit
annually ......................................................................130, 170, 843, 994, 1904 HB 256 --Counties and municipalities; multiyear agreements.....................130, 170, 2642 HB 257 --Oglethorpe County; Board of Commissioners; districts........................-130, 170,
202, 202, 409 HB 258 --Speech pathologists and audiologists; revise...................................!30, 170, 843,
1028, 2042, 2366 HB 259 --Lowndes County; school superintendent; appointment.........................130, 170,
202, 202, 339 HB 260 --Cuthbert, City of; certain real property...........................!31, 170, 202, 203, 381 HB 261 --Conservation ranger; certain retirees; retain weapon
and badge.............................................................................131, 170, 431, 453 HB 262 --School year; increase number of days .......................................................131, 170 HB 263 --Franchises; transfer of dealership...................................................!31, 170, 1145,
1494, 2138, 2371 HB 264 --Appeals; probate courts; powers......................................!31, 170, 264, 353, 1693 HB 265 --Shoplifting; municipal courts; jurisdiction......................................131, 170, 264,
354, 759
HB 266 --Drivers' license; habitual violators; amend provision...........................................................!32, 170, 220, 287, 1694, 2037
HB 267 --Postsecondary vocational-technical schools; employee benefits...................................................................132, 170, 1255, 1391, 2135
HB 268 --Coastal marshlands; certain activities on private property; exclusions.....................................................................!32, 170, 200
HB 269 --Cosmetology services in location other than beauty salon............................132, 170, 843, 1137, 1970, 2011, 2123, 2161, 2269, 2460
HB 270 --State Professional Sports Commission; create.........................................!32, 170 HB 271 --Brunswick Judicial Circuit; add judge ...........................167, 200, 264, 362, 1052 HB 272 --Malt beverages; home production; regulation.......................................... 167, 200 HB 273 --Counties and municipalities; bonds; legal fees.........................................167, 200 HB 274 --Motor vehicle insurance; driving without proof; penalty.......................167, 200 HB 275 --Fulton County; volunteer legal services;
fees ..............................................................................167, 200, 460, 766, 1266 HB 276 --Roswell, City of; corporate Iimits....................................l68, 200, 468, 469, 1215 HB 277 --Teachers Retirement; employer contributions................................!68, 200, 468,
762, 1695, 1701 HB 278 --Teachers Retirement; pregnancy leave; credit.........................................!68, 200 HB 279 --Retirement and Pensions Code; corrections
and omissions ............................................................168, 200, 220, 389, 1266 HB 280 --Alpharetta, City of; change corporate limits............................................168, 200 HB 281 --Area Planning and Development Commissions; review of
certain developments...........................................................................168, 200 HB 282 --Workers' Compensation; common carriers; certain
exception.....................................................................................!69, 200, 1442 HB 283 --Banking and Finance Department; certain notice..................!69, 200, 219, 246 HB 284 --Fulton County; homestead exemption; elderly or
disabled.......................................................................l87, 229, 440, 442, 1215 HB 285 --Iron City, Town of; new charter........................................!87, 229, 265, 265, 474 HB 286 --Quitman County; treasurer; abolish office...............................................!88, 229,
265, 265, 474 HB 287 --Quitman County; treasurer; compensation; repeal.................................188, 229,
265, 266, 475
HB 288 --Quitman County; board of commissioners; provide clerk .....................188, 229,
265, 266, 475
HB 289 --Alcoholic beverages; certain violations; municipal
court; jurisdiction.....................................................!88, 229, 403, 454, 1971,

INDEX

2777

2012, 2125, 2265, 2374, 2594, 2649 HB 290 --Juvenile Court; certain traffic offenses; jurisdiction..............................!88, 229,
1089, 1226, 1906, 1928, 2124, 2265, 2374 HB 291 --Dispossessory proceedings; transportable housing.................................188, 229,
391. 415, 1218 HB 292 --Motor carriers; certain trucks and mixers;
definitions..................................................l88, 229, 317, 402, 478, 649, 1020 HB 293 --Warner Robins, City of; governing authority; change
provisions .....................................................................189, 229, 265, 266, 475 HB 294 --State Patrol; make available certain training vehicles ..........................189, 229,
264, 387, 2140, 2608 HB 295 --Morgan County; certain tax levy; extend - CA.......................................189, 229,
265, 266, 475 HB 296 --Oconee County Industrial Development Authority;
amend provisions; extend - CA.................................189, 229, 265, 266, 642 HB 297 --Library records; confidentiality .......................................189, 229, 468, 828, 1693 HB 298 --Pike County Water and Sewerage Authority;
create....................................................................,........189, 229, 265, 267, 475 HB 299 --Income tax exemption; military or federal government
retirement..............................................................................................l89, 229 HB 300 --Auctioneers; regulation .....................................................190, 229, 467, 650, 1382 HB 301 --Foreign judgments; enforcement ................................................................169, 200 HB 302 --Alimony and child support; certain proceedings; method.....................190, 229,
627, 679, 1695, 1708 HB 303 --Agrirama Development Authority; members'
expenses ............................................................................190, 229, 1009, 1479 HB 304 --Southern Judicial Circuit; judge's compensation;
supplement.................................................................l90, 229, 264, 390, 1052 HB 305 --Georgia Agricultural Exposition Authority; membership;
Employees' Retirement System.........................................................l90, 229 HB 306 --Labeling of beef; amend provisions...........................................................191, 229 HB 307 --Private Colleges and Universities Authority; membership;
compensation...............................................................191, 229, 230, 298, 644 HB 308 --Environmental Protection; marine toilets; amend
provisions................................................,.........................191, 229, 1012, 1122 HB 309 --Housing Authorities Law; amend provisions...........................................191, 229,
392. 722, 1780 HB 310 --Librarians, State Board of Certification; termination
date .............................................................................191, 229, 230, 300, 1052 HB 311 --Fire safety; certain buildings; smoke detector
requirement................................,.....................................191, 229, 1089, 1389 HB 312 --Crime Information Center; dissemination of
records...................................................................................!92, 229,460,685 HB 313 --Motor vehicle insurance; non-payment of premium...............................192, 229 HB 314 --Juvenile traffic offenses; definitions..........................................................!92, 229 HB 315 --Georgia Education Trust; create................................................................192, 229 HB 316 --McDuffie County; Board of Education; election;
extend - CA..................................................................192, 229, 265, 267, 757 HB 317 --Dearing, Town of; mayor and council;
four-year terms............................................................!92, 229, 265, 267, 475 HB 318 --Motor fuel tax; rate change.........................................................................!93, 229 HB 319 --City of Jasper Industrial Development Authority; create;
extend - CA..................................................................193, 229, 265, 267, 444
HB 320 --Cherokee County Development Authority; create;
extend - CA..................................................................193, 229, 265, 268, 444
HB 321 --Cherokee County; fire protection and sewerage districts;
extend - CA..................................................................193, 229, 265, 268, 444

2778

INDEX

HB 322 --Cherokee County Airport Authority; create; extend - CA..................................................................193, 229, 265, 268, 444
HB 323 --Cherokee County Board of Education; election; extend - CA..................................................................193, 229, 265, 268, 444
HB 324 --Pickens County; Board of Education; election; extend - CA..................................................................194, 229, 265, 269, 444
HB 325 --Cherokee County; motor vehicle registration..........................................194, 229, 265, 269, 444
HB 326 --Waterfowl Stamp Fund; establish..........................194, 229, 235, 431, 479, 1101 HB 327 --Ad Valorem tax; agricultural property; certain breach of
covenant.......................................................!94, 229, 1091, 1401, 2171, 2349 HB 328 --Municipal Gas Authority of Georgia; create ...........................................194, 229,
273, 467, 738, 1383
HB 329 --Campus policemen; certification and training costs; requirement...........................................................................................194, 229
HB 330 --Local governments; land use planning and development.......................195, 229 HB 331 --Mortgages; escrow accounts; interest.........................................................195, 229 HB 332 --Powder Springs Downtown Development Authority;
extend - CA................................................................195, 229, 265, 269, 1901 HB 333 --Powder Springs Downtown Development Authority;
membership................................................................l95, 229, 265, 269, 1902 HB 334 --Health insurance; certain services; reimbursement................................. 195, 229 HB 335 --Distilled spirits; retail dealer; signs................................195, 229, 751, 870, 1540 HB 336 --Investment of state funds; South African institutions ...........................195, 229 HB 337 --State Board of Equalization; abolish.........................................................l96, 229 HB 338 --Law libraries; establish for superior court judges ..................................196, 229,
391, 428, 1153 HB 339 --Torts; charitable organizations; certain immunity..................................196, 229 HB 340 --Torts; charitable institutions; certain liability .........................................196, 229 HB 341 --Asbestos; persons removing or cleaning; certain
immunity...............................................................................................196, 229 HB 342 --Workers' compensation; include county officials....................................197, 229,
750, 1024, 1780 HB 343 --Weapons; magistrates carry into public buildings..................................197, 229,
264, 363, 1052, 1056 HB 344 --County boards of health; membership; certain counties.......................197, 229,
440, 727, 1623 HB 345 --Local boards of education and county and municipal governing
authorities; membership; election...................................................... 197, 229 HB 346 --Schools; capital outlay needs; population growth....................................197, 229 HB 347 --License plates; civilian internees; special tags ........................................197, 229,
1044, 1411, 1780 HB 348 --Boilers and pressure vessels; design requirements.................................. 197, 229 HB 349 --Dublin, City of; corporate limits.................................198, 229, 1615, 1616, 2132 HB 350 --Paulding County Industrial Building Authority; create;
extend - CA..................................................................198, 229, 265, 270, 475 HB 351 --Paulding County Civil Service System; employees' salaries;
extend - CA..................................................................198, 229, 265, 270, 475 HB 352 --Dallas, City of; mayor; term of office...............................198, 229, 265, 270, 475 HB 353 --Dallas, City of; corporate limits ........................................198, 229, 265, 270, 475 HB 354 --Retirement bills; cost reducing amendments to fiscal impact
bills..............................................................................l99, 229, 468, 678, 1383
HB 355 --Firemen's Pension Fund; membership;
eligibility.....................................................................l99, 229, 468, 868, 1383
HB 356 --Firemen's Pension Fund; increase benefits..............................................199, 229
HB 357 --Teachers Retirement; postretirement benefit adjustment.....................200, 229
HB 358 --Employees' Retirement; certain beneficiaries; increase..........................200, 229

INDEX

2779

HB 359 --Richmond County Board of Commissioners; provide landfill ...............222, 263 HB 360 --Motor vehicles; fleeing or eluding an officer;
penalty...........................................................................................222, 263, 849 HB 361 --Wilcox County Board of Education; election of members;
extend - CA..................................................................222, 263, 335, 335, 642 HB 362 --Franklin County Industrial Building Authority; create;
extend - CA..................................................................222, 263, 335, 336, 642 HB 363 --Richmond County; ad valorem tax; early payment;
extend - CA................................................................222, 263, 335, 336, 1621 HB 364 --Municipal corporation; annexation............................................................222, 263 HB 365 --Certain crimes; possession of firearm or knife ...............................223, 263, 468,
872, 1906, 1942 HB 366 --Troup County Board of Education members;
compensation ...............................................................223, 263, 335, 336. 642 HB 367 --Truck-tractors; tire covers; exemption .....................................223, 263, 432, 677 HB 368 --Lilburn, City of; filling vacancies;
governing authority.....................................................223, 263, 335, 336, 642 HB 369 --General Assembly members; practice of law ...........................223, 263, 403, 684 HB 370 --Decatur, City of; revenue bonds; parking;
extend - CA................................................................223, 263, 335, 336, 1776 HB 371 --Guardianship hearings; compensation; certain attorneys.......................224, 263 HB 372 --Gainesville, City of; homestead exemption..............................................224, 263,
850, 857, 1380 HB 373 --Decatur, City of; corporate limits ...................................224, 263, 335, 336, 1776 HB 374 --Sales tax exemption; farm crops; certain sales ........................................224, 263 HB 375 --Employees' Retirement; Judges' and District Attorneys'
secretaries; credit .................................................................................224, 263 HB 376 --Retirement; change of beneficiary; notice............................224, 263, 1437, 1478 HB 377 --State courts; solicitors; residency ....................................225, 263, 391, 415, 1219 HB 378 --Legislative Counsel; selection ..........................................200, 229, 334, 389, 1383 HB 379 --Industrial loans; license applicant; advertisement...................................225, 263 HB 380 --Motor vehicle emission inspection; fees........................225, 263, 432, 479, 1102,
1106, 1162, 1162, 1192, 1237, 1907 HB 381 --Teachers Retirement; football coaching service; credit ..........................225, 263 HB 382 --Teachers Retirement; reestablishing creditable service..........................225, 263 HB 383 --Board of Registration for Professional Geologists;
amend provisions ......................................................225, 263, 403, 733, 1459 HB 384 --Public assistance; Human Resources; subpoena power................226, 263, 1044 HB 385 --Handicapped persons; permits; dispense gasoline at
self-service price...................................................................................226, 263 HB 386 --Jones County; Magistrate Court; appointment.....................226, 263, 335, 337,
860, 877, 1103, 1135 HB 387 --Legislative Service Committee; audits; amend provisions .....................226, 263
713, 764, 2152, 2160, 2269, 2350, 2483, 2614, 2650 HB 388 --Floyd County; obligation bonds; certain schools;
extend - CA..................................................................226, 263, 335, 337, 642 HB 389 --Floyd County; board of education districts;
extend - CA..................................................................226, 263, 335, 337, 643 HB 390 --Floyd County; judge of juvenile court; appointment;
extend - CA..................................................................227, 263, 335, 337, 643 HB 391 --Certain properties; damage by deer; authorization
to kill .............................................................................................227, 263, 703
HB 392 --Certain property; damage by deer; permit to kill ...................................227, 263
HB 393 --Professional Counselors, Social Workers, and Marriage and
Family Therapists; privileged communications...............................227, 263
HB 394 --Insurance; certain annual reports; requirement.......................................253, 333
HB 395 --Barrow County School System; Board of Education;

2780

INDEX

Superintendent; extend - CA....................................253, 333, 374, 374, 673 HB 396 --Barrow County Industrial Building Authority; provide
authority; extend - CA...............................................254, 333, 374, 375, 674 HB 397 --Motor vehicle registration; certain counties; date ...................................254, 333 HB 398 --Magistrate Court; office of the Clerk; qualifications .............................254, 333,
391, 416, 1383 HB 399 --Highways; trucks with more than six wheels;
certain lanes ....................................................254, 333, 465, 732, 1219, 1240 HB 400 --Fitzgerald, City of; tax levy; extend - CA................................................254, 334,
374, 375, 674 HB 401 --North Georgia College military scholarships; selection ..........................254, 334 HB 402 --Military duty; officials and employees; compensation...........................255, 334,
456, 1032, 1693 HB 403 --Fitzgerald and Ben Hill Development Authority;
extend - CA..................................................................255, 334, 374, 375, 674 HB 404 --Emergency management; local organizations; repeal state
grants.....................................................................................255, 334, 392, 415 HB 405 --Local law enforcement; driving records; dissemination ..........................255, 334 HB 406 --Tift County; board of education and superintendent;
extend - CA..................................................................255, 334, 374, 375, 674 HB 407 --Tift County Development Authority; powers;
extend - CA..................................................................255, 334, 374, 376, 674 HB 408 --Tift County Development Authority; tax levy;
extend - CA..................................................................256, 334, 374, 376, 674 HB 409 --Fulton County; motor vehicle registration................................................256, 334 HB 410 --Thunderbolt, Town of; clerk and ex officio treasurer;
abolish office................................................................256, 334, 374, 376, 757 HB 411 --Thunderbolt, Town of; mayor and aldermen;
compensation ...............................................................256, 334, 374, 376, 757 HB 412 --Georgia Consumer cooperative Act; enact ................................................256, 334 HB 413 --Workers' Compensation; witness at hearing; prohibit
discharge................................................................................................256, 334 HB 414 --Workers' Compensation; benefits; residency requirements....................257, 334 HB 415 --Child abuse; reporting; amend provisions.................................................257, 334 HB 416 --Peace officer training; retired officer; definition ....................................257, 334,
460, 841, 1623 HB 417 --Sale City, City of; mayor and councilmen;
filling vacancies...........................................................257, 334, 374, 377, 674 HB 418 --Motor carriers; annual reports; regulation................................................257, 334 HB 419 --Motor fuel tax; quarterly and annual reports..........................................257, 334 HB 420 --Motor fuel tax; refunds................................................................................257, 334 HB 421 --Elections; absentee voting; definitions ...........................258, 334, 634, 841, 1540 HB 422 --Insurance; policies written in simplified form ........................................258, 334,
1145, 1432, 2135 HB 423 --Teachers; sick leave; credit .........................................................................258, 334 HB 424 --Special 1% sales tax; educational purposes.............................................258, 334 HB 425 --Local law enforcement; speed detection devices......................................258, 334 HB 426 --Augusta, City of; election of council..........................................................259, 334 HB 427 --Public Utilities; rate increase; filing ..........................................................259, 334 HB 428 --Public Service Commission; ex parte communications...........................259, 334 HB 429 --License plates; special tags for Pearl Harbor survivors..........................259, 334 HB 430 --Housing; revise discrimination provisions ........................................259, 334, 468
HB 431 --Alcoholic beverages; retail sales; post
certain signs .........................................................................259, 334, 751, 983
HB 432 --Speech Pathology and Audiology, State Board;
termination...........................................................................228, 263, 459, 689
HB 433 --Social worker; experience requirements.....................260, 334, 1089, 1172, 2344

INDEX

2781

HB 434 --Ad valorem tax; property assessed under its existing use......................260, 334 HB 435 --Property; abandoned landfills; prohibit
certain construction ..........................................................260, 334, 635, 1424 HB 436 --Eminent domain; condemnor; payment of expenses..............260, 334, 391, 416 HB 437 --Funeral Procession Act; enact....................................................................260, 334 HB 438 --Motor fuel; retail sales; sign requirement.................................................260, 334 HB 439 --Tax executions; costs of advertisements......................261, 334, 635, 1172, 1968 HB 440 --Motor fuel tax; rate......................................................................................261, 334 HB 441 --Chatham County; Magistrate Court; library fees...................................261, 334,
374, 377, 895, 1123 HB 442 --Blasting; interstate natural gas pipelines; certain
exemptions............................................................................................261, 334 HB 443 --Public Service Commission; operating costs; fee.....................................261, 334 HB 444 --Public Service Commission; Utility Finance Section;
abolishment...........................................................................................261, 334 HB 445 --Highways; vehicles transporting boats;
permits........................................................................261, 334, 469, 761, 1101 HB 446 --Law enforcement; certain assistance; liability of state...........................262, 334 HB 447 --Motor vehicle registration; taxation; prorated fee...................................262, 334 HB 448 --Motor vehicles; staggered registration; certain counties.........................262, 334 HB 449 --Stephens County School Superintendent; appointment........................319, 373,
403, 404, 718 HB 450 --North Georgia College military scholarships;
selection......................................................................319, 373, 441, 677, 1693 HB 451 --Fishing licenses; Florida residents; certain
exemption...................................................................320, 373, 431, 455, 1020 HB 452 --Coroners; municipal officials; authorization to serve .............................320, 373,
670, 868, 1383 HB 453 --Mitchell County; school superintendent; appoint ..................................320, 373,
403, 404, 718 HB 454 --Sexual exploitation of children; amend Code provisions ......................320, 373,
850, 978, 1459 HB 455 --Airports; lease property for private development..........................320, 373, 392,
429, 2125, 2353 HB 456 --Wildlife; trapping foxes ....................................................320, 373, 431, 484, 1219 HB 457 --Peace Officers' Annuity and Benefit Fund; commissioners;
investment powers ................................................321, 373, 1090, 1223, 1968 HB 458 --Peace Officers' Annuity and Benefit Fund; benefits; amend
provisions ..............................................................................................321, 373 HB 459 --Peace Officers' Annuity and Benefit Fund; collection of
certain revenues ....................................................321, 373, 1090, 1224, 1968 HB 460 --Handicapped persons; permits; dispense gas at self-service
prices ............................................................321, 373, 1044, 1119, 2041, 2364 HB 461 --Tax Commissioners and Collectors; minimum salaries .........................321, 373,
1013, 1584, 1608, 1608, 1968 HB 462 --Blood donations; certain medical regulations;
prohibition .....................................................321, 373, 849, 1026, 2138, 2351 HB 463 --Georgia Asbestos Safety Act; licensing requirements ............................322, 373,
1367, 1582, 2135 HB 464 --Billiard rooms; operation; amend provisions............................................322, 373 HB 465 --Elections; contested cases; superintendents
named defendants.....................................................322, 373, 843, 988, 1540
HB 466 --Firearms; persons on probation; certain prohibition .............................322, 373,
635, 734, 1383
HB 467 --Sales tax; retail dealer; payment included with return ..........................322, 373
HB 468 --Vidalia, City of; board of education; election..........................................322, 373,
403, 404, 718

2782

INDEX

HB 469 --Superior Court Clerks' Retirement; proceeds of real estate transfer tax............................................................................................323, 373
HB 470 --Bonds; pledge of property; spouse's consent....................................323, 373, 627 HB 471 --Pardons or paroles; revocation or conditional release;
requirements.........................................................................................323, 373 HB 472 --Schools; certain courses; requirements......................................................323, 373 HB 473 --General Assembly members; mileage rate ................................................323, 373 HB 474 --Sales tax; certain printing materials; exemption .....................................323, 373 HB 475 --Sales tax; certain printing materials; exemption.....................................324, 373 HB 476 --Agricultural Commodity Commission for Peanuts; amend
provisions..............................................................................................325, 373 HB 477 --Consumer's Utility Counsel; performance audit; repeal
requirement...........................................................................................371, 402 HB 478 --Consumer's Utility Counsel; operating costs; fees...................................371, 402 HB 479 --Special sales tax; counties and municipalities; water and
sewer projects..............................................325, 373, 1257, 1430, 2295, 2388 HB 480 --Public School Employees' Retirement; benefit adjustments.................325, 373 HB 481 --Trial Judges' and Solicitors' Retirement;
average compensation..........................................................................325, 373 HB 482 --Public School Employees' Retirement; benefit amount.........................325, 373 HB 483 --Spalding County; obligation bonds; certain schools;
extend - CA..................................................................326, 373, 403, 404, 674 HB 484 --Spalding County; temporary loans; extend - CA....................................326, 373,
403, 405, 674 HB 485 --Spalding County; water districts; levy taxes;
extend - CA..................................................................326, 373, 403, 405, 675 HB 486 --Spalding County; unincorporated areas; assessment for
roadways; extend - CA...............................................326, 373, 403, 405, 675 HB 487 --Cosmetologists; services outside salon.......................................................326, 373 HB 488 --Probate Court judge; office site.................................................326, 373, 460, 731 HB 489 --Hunter education course; certification..............................................327, 373, 431 HB 490 --Washington Wilkes Payroll Development Authority;
create.............................................................................327, 373, 403, 405, 718 HB 491 --Ad valorem tax; public utilities; state levy...............................................327, 373 HB 492 --Spalding County-City of Griffin; school systems and
districts; merge............................................................327, 373, 403, 406, 675 HB 493 --Private Detective and Security Agencies; composition
of Board......................................................................327, 373, 403, 621, 1383 HB 494 --Schools; review of textbooks.......................................................................327, 374 HB 495 --Griffin, City of; members of governing body; election
districts.......................................................................328, 374, 850, 851, 1216 HB 496 --Spalding County; tax commissioner; compensation...............................328, 374,
403, 406, 675 HB 497 --County administrators; waive certain residency
requirement.......................................................328, 374, 456, 468, 698, 1905 HB 498 --Wills; illegitimate child; inheritance...............................328, 374, 403, 622, 1693 HB 499 --Indemnification; law enforcement officers; date......................................328, 374 HB 500 --General Assembly members; expenses ......................................................329, 374 HB 501 --Child abuse; juvenile court judge approve shelter care.........................329, 374,
751, 1058, 1693 HB 502 --Newnan, City of; Board of Water, Sewerage and Light
Commission; extend - CA..........................................371, 402, 468, 469, 757
HB 503 --Hazardous substances; disclosure to state employees;
regulate..................................................................................................329, 374
HB 504 --Firemen's Pension; private companies; eligibility ...................................329, 374
HB 505 --Income tax; certain deduction; home purchase........................................329, 374
HB 506 --House messenger and doorkeeper; appointment

INDEX

2783

by Speaker ....................................................................................329, 374, 392 HB 507 --Accident and sickness insurance; preferred
provider.............................................................................330, 374, 1437, 1591 HB 508 --Property and casualty insurance; rate approval.............................330, 374, 635,
685, 1460, 1517, 1567, 1644, 1740, 2138, 2414 HB 509 --Glynn County; homestead exemption; Board of Education;
extend - CA..................................................................330, 374, 403, 408, 758 HB 510 --Brunswick and Glynn County; sewage system;
extend - CA..........................................................................330, 374, 403, 406 HB 511 --Brunswick and Glynn County; municipal port and terminal
facilities; extend - CA.........................................................330, 374, 403, 406 HB 512 --Glynn County; unincorporated area; levy taxes;
extend - CA..................................................................330, 374, 403, 407, 758 HB 513 --Glynn County; ad valorem taxation; extend - CA..................................331, 374,
403, 407, 758 HB 514 --Glynn County; alcoholic beverage sales; certain hours;
extend - CA..................................................................331, 374, 403, 407, 758 HB 515 --Recreation Examiners; therapeutic recreation specialist..................,....331, 374,
392, 418, 1905 HB 516 --Alcoholic beverage sales; prohibit certain conduct on
premises..................................................................331, 374, 1013, 1089, 1404 HB 517 --Optometrists; certain treatment; authorization .......................................331, 374 HB 518 --Motor fuel; county excise tax; imposition.................................................331, 374 HB 519 --Commission of Inquiry; create....................................................................332, 374 HB 520 --Zoning Procedures Law; amend .................................................................332, 374 HB 521 --Municipal property; sale by bid; exception.............................................332, 374,
704, 869, 1460, 1728 HB 522 --Police Officer Memorial Day and Police Week; declare........................332, 374,
392, 430, 1153 HB 523 --Firearms; prohibit sales of certain toys.....................................................332, 374 HB 524 --Retail sales; certain stores; requirements for safe
operations..............................................................................................332, 374 HB 525 --Haralson County; superior court clerk; compensation...........................333, 374,
403, 407, 675 HB 526 --Haralson County; commissioner; compensation......................................333, 374,
403, 408, 675 HB 527 --Pulaski County; board of education; election.................................371, 402, 726,
752, 753, 1097 HB 528 --Pulaski County; board of education; election;
extend - CA..................................................................371, 402, 440, 441, 860 HB 529 --Morgan County Development Authority;
extend - CA................................................................371, 402, 440, 441, 1264 HB 530 --Motor vehicle certificate of title; rebuilt vehicles....................................372, 402 HB 531 --Oglethorpe County; Board of Education; election;
extend - CA..................................................................372, 402, 440, 442, 758 HB 532 --Sales tax exemption; certain materials used
in manufacturing granite ....................................................................372, 402 HB 533 --Murray County; Board of Education; extend - CA................................372, 402,
440, 442, 860 HB 534 --Murray County; Board of Education; election........................................372, 402,
636, 636, 860 HB 535 --Athens, City of and Clarke County; ad valorem taxes; tax levy;
extend - CA..................................................................393, 439, 469, 473, 758
HB 536 --Clarke County; merit system; create; extend - CA.................................393, 439,
468, 469, 758
HB 537 --Clarke County; special service districts; extend - CA............................394, 439,
468, 470, 759

2784

INDEX

HB 538 --Counties; certain property sales at fair market value............................394, 439, 635, 682, 2344
HB 539 --Troup County; board of elections and registration; create ................................................................394, 439, 636, 636, 2141, 2168
HB 540 --Consumers' utility counsel; laws; date of repeal.........................................................394, 439, 1367, 1497, 2344
HB 541 --Anatomical gifts; bank or storage facility; licensing ..............................394, 439, 1367, 1559, 2171, 2282, 2504, 2534, 2584, 2601, 2650
HB 542 --Health; organ procurement organizations; licensing ...............................394, 439 HB 543 --Teachers life certificates; continuing education courses.........................395, 439 HB 544 --Fulton County; Board of Education; election.........................395, 439, 887, 888,
1385, 1624, 1708, 1739 HB 545 --Hall County; board of elections.......................................395, 439, 468, 470, 1049 HB 546 --Gainesville Redevelopment Authority; certain bonds; powers;
extend - CA................................................................395, 439, 468, 470, 1049 HB 547 --Superior Court Clerk; minimum salary ............................................395, 439, 460 HB 548 --State Court of Effingham County; judge; salary ....................................395, 439,
468, 470, 896 HB 549 --State Court of Effingham County; solicitor; salary................................396, 439,
468, 471, 896 HB 550 --Telephone conversation; taping prohibitions ...........................................373, 402 HB 551 --Voting; license examiners; deputy registrars ............................................373, 402 HB 552 --Insurers; rate increase; file profit and loss data ......................................373, 402 HB 553 --Life insurance; debtor coverage; maximum...................396, 439, 635, 876, 1266 HB 554 --Heard County; tax commissioner; part-time clerk.........................396, 439, 468,
471, 1049, 1594 HB 555 --Employment Security; part-time or temporary employees;
eligibility................................................................................................396, 439 HB 556 --Workers' Compensation; injured employee; job refusal .........................396, 439 HB 557 --Trade or professional association; group self insurance
fund.............................................396, 439, 635, 737, 2175, 2266, 2380, 2402, 2522, 2530, 2570, 2571, 2598, 2651
HB 558 --Professional boxing match; definition............................396, 439, 704, 865, 1384 HB 559 --Ad valorem tax; execution; levy administration fee ...............................397, 439,
1011, 1232, 1905 HB 560 --Merit System; certain insurance contracts; jurisdiction of
Personnel Board ..........................................................................397, 439, 635 HB 561 --Redevelopment Powers Law; amend ..........................397, 439, 1013, 1118, 1459 HB 562 --Labor, Department of; supplemental appropriation ..............................397, 439,
842, 1169, 1540 HB 563 --Hotel motel tax; increase; use of proceeds....................................397, 439, 1091,
1173, 2123, 2367 HB 564 --Crop damage by deer; payment of claims.................................................397, 439 HB 565 --District Attorneys' Retirement; years for vesting;
credit......................................................................................................398, 439 HB 566 --Superior Court Judges Retirement; years for vesting;
credit......................................................................................................398, 439 HB 567 --Meriwether County; board of commissioners;
compensation................................,............................398, 439, 468, 471, 1049 HB 568 --Meriwether County; board of commissioners;
compensation.............................................................398, 439, 468, 471, 1049 HB 569 --Pulaski County; Board of Education appoint school
superintendent...........................................................398, 439, 468, 472, 1049
HB 570 --Ware County-City of Waycross; industrial tax;
extend - CA..................................................................398, 439, 469, 472, 860
HB 571 --Zoning proposal review; certain counties
and municipalities................................................................................399, 431

INDEX

2785

HB 572 --Zoning Procedures Law; amend .................................................................399, 431 HB 573 --Thomasville, City of; board of education; change
composition and election .........................................399, 440, 636, 637, 1097 HB 574 --Thomasville, City of; board of commissioners;
election........................................................................399, 440, 636, 637, 1098 HB 575 --Sales tax; biomass; exemption....................................................................399, 440 HB 576 --Used Car Dealers' Registration Board; examinations............................399, 440,
712, 974, 1971, 2024 HB 577 --Camilla, City of; mayor and councilman;
compensation.............................................................400, 440, 469, 472, 1017 HB 578 --Columbia County; homestead exemption ........................400, 440, 469, 473, 896 HB 579 --Columbia County; board of education; election......................................400, 440,
469, 472, 897 HB 580 --Norcross, City of; homestead exemption; extend - CA..........................434, 467,
636, 640, 1018 HB 581 --Jefferson County; magistrate court; fees........................434, 467, 636, 637, 1049 HB 582 --Direct response insurance business; requirements .................................434, 467,
843, 871, 2135 HB 583 --Polygraph Examiners, Board of; termination date.................................435, 467,
850, 985, 1905 HB 584 --Administrator for the county; eligibility ...................................................435, 467 HB 585 --Civil court judge pro tempore; serve as magistrate
pro tempore .............................................................435, 467, 850, 1551, 2344 HB 586 --Guardianships; probate judge; custodian of certain funds.....................435, 467 HB 587 --Savannah State College; special license plates ........................................435, 467 HB 588 --Motor vehicle insurance; maximum coverage; notification of
price.......................................................................................................436, 467 HB 589 --Norcross, City of; change corporate limits...............................................436, 467,
636, 637, 1018 HB 590 --Western Judicial Circuit; supplementary compensation .......................436, 467,
712, 976, 1266 HB 591 --Douglasville-Douglas County Stadium Authority; creating;
extend - CA..................................................................436, 467, 636, 638, 860 HB 592 --Douglas County Board of Education; election;
extend - CA..................................................................436, 467, 636, 638, 860 HB 593 --Douglas County; governing authority; powers;
extend - CA..................................................................436, 467, 636, 638, 860 HB 594 --Douglas County; civil service system and
retirement system; extend - CA................................436, 467, 636, 638, 861 HB 595 --Douglas County; special districts; bonds .........................437, 467, 636, 639, 861 HB 596 --Douglas County; recall; certain officials;
extend - CA..................................................................437, 467, 636, 639, 861 HB 597 --Douglas County; issuance of bonds for roads;
extend - CA..................................................................437, 467, 636, 639, 861 HB 598 --Estates; inventories and returns; filing
requirements ....................................................................437, 467, 1367, 1556 HB 599 --Estates; nonresident executors; bond requirements................................437, 467 HB 600 --Professional counselors; licensure; examination
requirements ....................................................................437, 467, 1044, 1121 HB 601 --Crimes and offenses; false or facsimile bombs;
prohibitions ........................................................................400, 440, 850, 1071 HB 602 --Antiterrorism Task Force; director............................................................400, 440
HB 603 --Antiterrorism Information Center; establish............................................401, 440
HB 604 --Marriage license; AIDS testing; requirements .........................................401, 440
HB 605 --Charitable organizations or professional
fund raisers; registration..........................................401, 440, 635, 876, 1694
HB 606 --Local governments; contracts; bids.......................401, 440, 712, 977, 1460, 1508

2786

INDEX

HB 607 --Fulton County; bond amount; issuance .....................401, 440, 1369, 1370, 2135 HB 608 --Certain day-care centers; licensure; exemption .......................................401, 440 HB 609 --Georgia Public Safety Training Center; security
police force..................................................................................402, 440, 1089 HB 610 --Ad valorem tax; public utility company; return .....................................438, 467,
1146, 1595, 2344 HB 611 --Revenue Commissioner; proposed assessment;
notification.............................................................438, 467, 1146, 1596, 2344 HB 612 --Firearms; loss of license; requirements for new permit..........................438, 467 HB 613 --Motor vehicle insurance; certain benefits;
reduction...........................................................................438, 467, 1145, 1225 HB 614 --Senior Appellate Court Justice or Judge;
create offices................................................438, 467, 1367, 1558, 1971, 2000 HB 615 --Court of Appeals; preappeal settlement conference
procedure...............................................................................................438, 467 HB 616 --Municipalities; retirement or pension; right
of participation ...............................................461, 634, 652, 751, 1078, 1459 HB 617 --Mclntosh County; bonded indebtedness; educational purposes;
extend - CA................................................................461, 634, 670, 671, 1018 HB 618 --Notaries public; certification of document; certain
exceptions...................................................................462, 634, 849, 984, 2135 HB 619 --Local governments; certain bonds; state plan
of allocation ...............................................................462, 634, 712, 842, 1266 HB 620 --Brunswick and Glynn County Development Authority;
create; extend - CA...................................................462, 634, 670, 671, 1018 HB 621 --Rome, City of; board of education; additional
member.............................................................462, 634, 670, 672, 1020, 1056 HB 622 --Lamar County Board of Education; election ..........................................462, 634,
713, 714, 1018 HB 623 --Probate Courts; chief clerk; powers..................................................462, 634, 850,
1064, 1906, 1941 HB 624 --Guardian and ward; amend code provisions ...........................................462, 634,
1443, 1552, 1968 HB 625 --Child support; availability of information to Human
Resources .....................................................463, 634, 1012, 1057, 2140, 2360 HB 626 --Elections; unopposed candidates................................................................463, 634 HB 627 --Clarke County; motor vehicles; staggered registration ..........................463, 634,
670, 672, 897 HB 628 --Municipal Court of Columbus; clerk and marshal!;
compensation ...............................................................463, 634, 670, 672, 897 HB 629 --Lamar County; board of commissioners; create......................................463, 634,
713, 714, 1018 HB 630 --Bibb County; board of commissioners; lease certain
property........................................................................463, 634, 670, 672, 897 HB 631 --Warranties; new motor vehicles..................................................................464, 634 HB 632 --Motor vehicles; speed limits on highways.................................................464, 634 HB 633 --English; designate as official language ......................................................439, 467 HB 634 --Bad checks; amend certain immunity provision......................................439, 467 HB 635 --Alcoholic beverages; consumption while driving .............................439, 467, 751 HB 636 --Contractors; public work; bid bonds..........................................................464, 634 HB 637 --Hunting deer at night from vehicle or boat; prohibitions......................464, 634 HB 638 --Teachers and school personnel; certain salary deductions;
employee benefit ..................................................................................464, 634
HB 639 --Liability insurance rates; regulation..........................................................465, 634
HB 640 --Crimes; age limit; offender tried as adult .................................................465, 634
HB 641 --Poultry; control and prevention of diseases ............................................465, 634,
703, 723, 1153

INDEX

2787

HB 642 --Financial institutions; state and local taxation........................................465, 634 HB 643 --Cobb County State Court; judges' compensation...................................465, 634,
1013, 1014, 1689
HB 644 --Cobb Judicial Circuit; district attorney; compensation...............................................465, 634, 1013, 1014, 1781, 1784
HB 645 --Abortions; mandatory counseling...............................................................466, 634 HB 646 --Foreclosure; cooperative sales process.......................................................466, 634 HB 647 --Financing and Investment Commission; public
library facilities.............................................466, 634, 713, 1134, 1541, 1705 HB 648 --Ad valorem tax exemption; property owned by authorities;
certain exceptions ......................................................................628, 669, 1044 HB 649 --Bad checks; present consideration; additional
definitions........................................................628, 669, 751, 994, 1267, 1272 HB 650 --Campaign contributions; transfer to other candidates;
amend provisions .................................................................................629, 669 HB 651 --DeKalb County; ad valorem tax exemption;
extend - CA................................................................629, 669, 713, 716, 1777 HB 652 --Motor vehicles; speed limits on highways.............................629, 669, 713, 1122,
1971, 2031, 2041, 2159, 2268, 2377, 2568 HB 653 --Criminal proceeding; two indictments for same offense........................629, 669,
850, 993, 1780 HB 654 --Candidates; pauper's affidavit; filing requirements...............................629, 669,
1144, 1229, 2135 HB 655 --Hunting; antlerless or either-sex deer on certain days..........................629, 669,
712, 766, 1384 HB 656 --Peace officers; exempt certain retirement income...................................630, 669 HB 657 --Civil practice; facts and conclusions accompany
judgment.................................................................630, 669, 1367, 1558, 2136 HB 658 --Motor vehicle abandonment; waive certain notice ..................................630, 669 HB 659 --State patrol officer; witness fees ................................................................630, 669 HB 660 --Donees of body organs; preference for state residents ...........................630, 669 HB 661 --Boards and commissions; expense allowances.......................630, 669, 843, 1030 HB 662 --Liability insurance; state authorities..............................467, 634, 843, 903, 1696 HB 663 --Securities laws; applicability........................................631, 669, 1044, 1169, 1905 HB 664 --Motor vehicle; sales tax; applicability.......................................................631, 669 HB 665 --Nursing homes or intermediate care facilities;
penalties for violations ........................................................................631, 669 HB 666 --Off-road recreational vehicles; safety requirements................................631, 669 HB 667 --DeKalb County Airport Authority; repeal act creating.........................631, 669,
713, 1616, 2132
HB 668 --Administrators and executors; amend provisions ....................................631, 669 HB 669 --Guardian and ward; posting bond..............................................................631, 669 HB 670 --Administrators and executors; post bond .................................................632, 669 HB 671 --Income tax; child care or household expenses; credit.............................632, 669 HB 672 --Income tax; special needs child; exemption .............................................632, 669 HB 673 --Motor vehicle insurance; revise requirements..........................................632, 669
HB 674 --Motor vehicle; consumption of alcoholic beverages while driving....................................................................................................632, 669
HB 675 --Driving under the influence; fines; prohibit installment payments..........................................................................633, 669
HB 676 --Sheriffs' Retirement; investment powers of board.................................633, 670, 1090, 1225, 1968
HB 677 --Sheriffs' Retirement Board; retired member;
term.........................................................................633, 670, 1090, 1172, 1968
HB 678 --Credit repair services organizations;
penalty ......................................................................662, 711, 751, 1031, 1267
HB 679 --Catoosa County; health insurance for employees ...................................662, 711,

2788

INDEX

752, 753, 1098 HB 680 --Military; personal I.D. cards; issuance ......................................................662, 711 HB 681 --State Board of Workers' Compensation; open records...........................663, 711 HB 682 --Whitfield County Board of Education; membership
election; extend - CA................................................663, 711, 850, 854, 1151 HB 683 --Dalton, City of; homestead exemption; elderly and
disabled; extend - CA...............................................663, 711, 850, 858, 1151 HB 684 --Whitfield County; increase homestead exemption;
extend - CA................................................................663, 711, 850, 859, 1151 HB 685 --Dentistry; define practice............................................................................663, 711 HB 686 --Firefighter; training include public safety officer...................................664, 711,
1089, 1172, 1969 HB 687 --Vocational training; long-term care personnel.........................................664, 711 HB 688 --Optometry, State Board; term....................................................................664, 711 HB 689 --Spalding County; board of commissioners;
compensation.............................................................664, 711, 752, 754, 1049 HB 690 --Walker County; clerk,of Superior Court;
compensation .............................................................664, 711, 752, 754, 1098 HB 691 --Walker County; probate judge; compensation ........................................664, 711,
752, 754, 1220 HB 692 --Walker County; tax commissioner; compensation..................................664, 711,
752, 754, 1098, 1223 HB 693 --Civil practice; unaccepted settlement offer;
attorney's fees.......................................................................................665, 711 HB 694 --Abortions or pregnancy counseling; informational
booklets..................................................................................................665, 711 HB 695 --Tobacco products; regulate sales................................................................665, 711 HB 696 --Property of electric utilities; state ad valorem tax...:..............................665, 711 HB 697 --College Park Business and Industrial Development Authority;
extend - CA............................................................665, 711, 1045, 1046, 1380 HB 698 --Local governments; contracts for lock box system ......................633, 670, 1013,
1173, 1905 HB 699 --MARTA; future completion and operation of additional
rail system.............................................................................................665, 711 HB 700 --Ad valorem tax; mobile homes; definition................................................666, 711 HB 701 --Local governments; zoning power..............................................................666, 711 HB 702 --Alimony or child support; amend provisions...........................................666, 711 HB 703 --Retirement; court officials; new system....................................................666, 711 HB 704 --Teachers Retirement; membership; certain county
employees ...................................................A.........................................666, 711 HB 705 --Fulton County Board of Education; retirement system;
military credit.......................................................................................666, 711 HB 706 --Teachers Retirement; service in certain private
colleges; credit......................................................................................667, 711 HB 707 --Hospitals; nonresident indigent patients; cost of care...........................667, 711,
843, 1073, 2152, 2357 HB 708 --Hospitals; certificates of need; requirements..........................................667, 711,
1043, 1225 HB 709 --State Court of Ware County; judge and solicitor;
compensation.........................................................667, 711, 1527, 1528, 1902 HB 710 --Respiratory therapists; eliminate use of certain
terms and abbreviations......................................................................667, 711
HB 711 --McDuffie County; board of commissioners; compensation...................667, 711,
752, 754, 1098
HB 712 --Harris County; coroner; compensation...........................668, 711, 752, 755, 1098
HB 713 --Property; certain liens; filing requirements ...........................668, 711, 843, 1076
HB 714 --Criminal procedure; aggravated child molestation; bail

INDEX

2789

......................................................................................668, 712 HB 715 --Property; construction; limitation on certain actions .............................668, 712 HB 716 --Hall County; fire prevention districts; levy tax;
extend - CA................................................................668, 712, 752, 755, 1098 HB 717 --Sheriffs' Retirement Fund; increase certain fees.....................................705, 750 HB 718 --Sheriffs' Retirement Fund; membership; requirement...........................705, 750 HB 719 --Sheriffs' Retirement Fund; increase allocation from
certain fines ..........................................................................................705, 750 HB 720 --Business development corporations; loans ....................................706, 750, 1248,
1549, 2344
HB 721 --Jones County; board of commissioners; annual personnel publication ...............................................706, 750, 850, 854, 1264
HB 722 --Peace Officers' Annuity and Benefit Fund; definitions ..............................................................669, 712, 1090, 1169, 1969
HB 723 --State Court of Gwinnett County; add judge...........................706, 750, 850, 855, 1154, 1156
HB 724 --Taxation; domesticated foreign corporations; definition......................................................706, 750, 1091, 1235, 1695, 1699
HB 725 --Teachers Retirement; military school service; credit..............................706, 750 HB 726 --Motor vehicle insurance; certain exclusions....................................669, 712, 843,
1025, 1781, 1940 HB 727 --Georgia War Veterans Cemetery; establish..............................................706, 750 HB 728 --Gwinnett County Board of Commissioners; compensation...................707, 750,
850, 855, 2340 HB 729 --Estates; year's support; amend provisions.....................................707, 750, 1437,
1574, 2344
HB 730 --Richmond County; Oak Ridge Water and Sewerage Authority; create.......................................................707, 750, 850, 855, 1050
HB 731 --Suwanee, City of; new charter .........................................707, 750, 850, 855, 1380 HB 732 --Duluth, City of; new charter..............................707, 750, 1013, 1014, 2360, 2417 HB 733 --MARTA; board of directors meet with local
governing bodies ........................................................................707, 750, 1249 HB 734 --Jenkinsburg, Town of; new charter ................................707, 750, 850, 855, 1151 HB 735 --Commissioner of Insurance; appointment by Governor.........................708, 750 HB 736 --Commissioner of Labor; appointment by Governor................................708, 750 HB 737 --Education; school superintendents; appointment....................................708, 750 HB 738 --Commissioner of Agriculture; appointment by Governor ......................708, 750 HB 739 --Public Safety Department; police chaplains..................................708, 750, 1089 HB 740 --Special sales tax; certain cultural, recreational and
historic facilities...................................................................................669, 712 HB 741 --Jekyll Island-State Park Authority; violations of
ordinances....................................................708, 750, 1526, 1600, 2296, 2511 HB 742 --Day-care centers; records checks of employees ............................709, 750, 1367,
1563, 2136 HB 743 --Motor carriers; vehicles for hire; certain exemption..............................709, 750,
1011, 1173
HB 744 --Willacoochee, City of; mayor and aldermen; term of office .............................................................709, 750, 850, 856, 1216
HB 745 --Torts; civil process; malicious abuse..........................................................709, 750 HB 746 --Hancock County Board of Commissioners; chairman's
compensation .............................................................709, 750, 850, 856, 1965 HB 747 --Putnam County Tax Collector; compensation;
extend - CA................................................................709, 750, 850, 856, 1380
HB 748 --Richmond County; malt beverage tax; excess revenue ...........................709, 750
HB 749 --Franklin County; advisory board; change meeting date........................710, 750,
850, 856, 1216
HB 750 --Tunnel Hill, City of; new charter....................................710, 750, 850, 856, 1151

2790

INDEX

HB 751 --Motor vehicles; seat belt requirement.......................................................710, 750 HB 752 --Firearms; discharging within certain areas; penalty ...............................710, 750 HB 753 --Torts; certain chemical products; exceptions...........................................742, 848 HB 754 --Augusta Judicial Circuit; county supplement.................................742, 848, 887,
889, 1902 HB 755 --Augusta Judicial Circuit; terms ..........................743, 848, 903, 1145, 1234, 1781 HB 756 --State Court of Burke County; change terms ..................................743, 848, 887,
889. 1216 HB 757 --Teachers and school personnel; certain surviving
spouses; health insurance....................................................................743, 848 HB 758 --Alcoholic beverages; excise tax on beer and wine ...................................743, 848 HB 759 --Torts; immunity for medical students........................743, 848, 1011, 1224, 1694 HB 760 --Doerun, City of; bond issuance without referendum;
extend - CA................................................................743, 848, 887, 889, 1216 HB 761 --Heard County Magistrate Court; provisions...................................743, 848, 887,
890. 1380 HB 762 --Brunswick, City of; annual ad valorem tax; promoting
economic development.............................................743, 848, 887, 890, 1381 HB 763 --Peach County Board of Education; power to borrow funds;
extend - CA................................................................744, 848, 887, 890, 1098 HB 764 --Peach County Board of Education; make grants to train
handicapped; extend - CA.......................................744, 848, 887, 890, 1098 HB 765 --Peach County Industrial Development Authority; tax levy;
extend - CA................................................................744, 848, 887, 891, 1099 HB 766 --Walker County; coroner; compensation .........................744, 848, 887, 891, 1264 HB 767 --Controlled substances; trafficking or possession;
amend provisions .................................................................................744, 848 HB 768 --Crimes; bail jumping offense; redefine .................................744, 848, 1089, 1170 HB 769 --Lamar County; county manager......................................745, 848, 887, 891, 1099 HB 770 --Lee County; motor vehicle registration..........................745, 848, 887, 891, 1099 HB 771 --Hunting; stands by person other than landowner;
prohibitions.................................................................................745, 848, 1256 HB 772 --Motor vehicles; transportation of animals; requirements.......................745, 848 HB 773 --Municipalities; water and sewer services; responsibility ........................745, 848 HB 774 --State Court of DeKalb County; add judge ....................745, 848, 887, 891, 1777 HB 775 --Hazardous materials or oil; certain quantities;
report spill........................................................................746, 848, 1012, 1058 HB 776 --Criminal procedure; bail or recognizance; amend certain
provisions..........................................................................711, 750, 1044, 1120 HB 777 --Death penalty; persons under 18; prohibitions........................................746, 848 HB 778 --Homestead exemption; elderly; income qualification .............................746, 848 HB 779 --Superior Court of Fayette County; clerk; compensation.......................746, 848,
887, 892, 1264
HB 780 --Magistrate Court of Fayette County; election................................746, 848, 887, 892. 1264
HB 781 --Fayette County Board of Commissioners; chairman; compensation.............................................................746, 848, 887, 892, 1264
HB 782 --Fayette County; sheriff; compensation...........................746, 849, 887, 892, 1264 HB 783 --Fayette County; Judge of Probate Court; compensation ......................747, 849,
887, 893, 1264 HB 784 --Fayette County; tax commissioner; compensation.........................747, 849, 887,
893. 1265
HB 785 --Paulding County; governing authority; contracts and
agreements; extend - CA..........................................747, 849, 887, 893, 1216
HB 786 --Paulding County; fire protection districts; levy taxes
extend - CA................................................................747, 849, 887, 893, 1151
HB 787 --Paulding County; coroner; repeal annual salary.............................747, 849, 887,

INDEX

2791

894, 1024, 1024, 1249, 1274, 1905 HB 788 --City of Dallas Parking Authority; create .......................747, 849, 887, 894, 1151 HB 789 --Carroll County State Court; judge, solicitor, secretary;
compensation.............................................................748, 849, 887, 894, 1216 HB 790 --Motor fuel tax; agricultural aircraft; exemption......................................748, 849 HB 791 --Victims of crime; Workers' Compensation; assistance
program.................................................................................................748, 849 HB 792 --Highways; speed detection devices; remove certain
prohibition........................................................................748, 849, 1145, 1817 HB 793 --Driving under the influence; chemical tests; amend
provisions..............................................................................................748, 849 HB 794 --Education; health improvement program .................................................748, 849 HB 795 --Northern Judicial Circuit; judges' compensation.........................748, 849, 1044,
1120, 1969 HB 796 --Driving under the influence; serious injury by vehicle;
penalty ..............................................................................749, 849, 1044, 1105 HB 797 --Handicapped persons; standards for buildings
and facilities................................................749, 849, 1256, 1481, 2042, 2367 HB 798 --Nonprofit corporations; certain persons; limitations of
liability ........................................................................................749, 849, 1044 HB 799 --Business corporations; certain persons; limitations of
liability........................................................................................749, 849, 1044 HB 800 --Probation; special alternative incarceration..................................845, 887, 1011,
1078, 2345 HB 801 --Reidsville, City of; redistricting into two wards...........................845, 887, 1045,
1046, 1265 HB 802 --Glynn County; ad valorem tax; elderly and disabled;
extend - CA............................................................845, 887, 1013, 1016, 1381 HB 803 --Gwinnett County; Recorder's Court; additional judge...........................846, 887,
1013, 1015, 1460, 1509 HB 804 --Public Records Law; certain trade secrets and proprietary
information; applicability..........................846, 887, 1045, 1109, 1570, 1704 HB 805 --Muscogee County State Court; additional judge..........................846, 887, 1013,
1015, 1216 HB 806 --Municipal Court of Columbus and Muscogee County; chief
magistrate; compensation ....................................846, 887, 1013, 1016, 1217 HB 807 --Student loans and scholarships; amend certain
provisions...............................................................846, 887, 1045, 1157, 1694 HB 808 --Coffee County; board of commissioners; health insurance
benefits..............................................................................846, 887, 1013, 1016 HB 809 --Student loans; residency requirement; amend..............................847, 887, 1045,
1111, 1694 HB 810 --Stone Mountain Memorial Association; alcoholic beverage
sales on premises...................................................847, 887, 1012, 1127, 1695 HB 811 --Motor vehicle license plates and decals;
mailing fee...................................................847, 887, 1044, 1121, 1971, 2375 HB 812 --Alcoholic beverages; certain counties and municipalities;
Sunday sales........................................................884, 1008, 1368, 1496, 2136 HB 813 --Coweta County; motor vehicle registration.................................884, 1008, 1045,
1046, 1265 HB 814 --Decatur, City of; board of education; change terms ............................885, 1008,
1045, 1047, 1777
HB 815 --Postsecondary Education Authority; certain exemptions ...................885, 1008,
1369, 1601, 2136
HB 816 --Optometrists; trade names in conjunction with practice;
authorization.......................................................................................885, 1008
HB 817 --Appeals; supersedeas in cases of contempt ............................................885, 1008

2792

INDEX

HB 818 --Criminal procedure; weapons used in crime; retention ........................885, 1008 HB 819 --Spalding County; chief magistrate; compensation .....................885, 1008, 1045,
1047, 1265 HB 820 --Spalding County; board of elections; define powers ............................885, 1008,
1045, 1047, 1265 HB 821 --Motor vehicles; raised chassis; definition..................................................848, 887 HB 822 --Employees' Retirement; certain military service;
credit....................................................................................................886, 1008 HB 823 --Ad valorem tax; mobile homes .................................................................886, 1008 HB 824 --Shoplifting; property value; amend provisions ......................................886, 1008 HB 825 --Byron, City of; change corporate limits.....................-...............1000, 1043, 1090,
1092, 1381 HB 826 --Animals; fees for impounding.................................................................1000, 1043 HB 827 --Oconee County; board of education appoint
superintendent...................................................lOOO, 1043, 1090, 1092, 1381 HB 828 --Winder, City of; provide corporate powers ...............................1001, 1043, 1146,
1147, 1621 HB 829 --Barrow County Water and Sewerage Authority; create....................1001, 1043,
1090, 1092, 1381 HB 830 --Elections; assistance to elector; poll officer shall be
present...............................................................................................1001, 1043 HB 831 --Food service establishments; health testing of
employees.......................................................................................... 1001, 1043 HB 832 --Louisville-Jefferson County; coroner; eligibility for
municipal office.................................................!001, 1043, 1090, 1092, 1457 HB 833 --Bloomingdale, City of; extend corporate limits........................1001, 1043, 1090,
1092, 1695, 1697 HB 834 --City of Barnesville and County of Lamar Development
Authority; extend - CA ....................................1001, 1043, 1090, 1093, 1265 HB 835 --Liens; businesses; altering or repairing clothing
or shoes ...........................................................................886, 1008, 1145, 1781 HB 836 --Insurance; procedure for cancellation of policies..................................886, 1008,
1145, 1283, 1296, 2345 HB 837 --Audio stress examiners; regulation................................................886, 1008, 1771 HB 838 --Glynn County; board of commissioners; change expense
allowance ............................................................1002, 1043, 1090, 1093, 1690 HB 839 --Professional health care provider; amend definition ...........................887, 1008,
1043, 1281, 2345 HB 840 --Elevators; smoke detectors in lobby;
amend provisions.................................... 1002, 1043, 1367, 1484, 1971, 2034 HB 841 --State agencies; contested cases in decisions;
statements.........................................................................................!002, 1043 HB 842 --Superior Court Judges' Retirement; creditable service;
certain benefits.................................................................................l002, 1043 HB 843 --State agencies and local government; court cases;
real property......................................................1002, 1043, 1437, 1558, 2345 HB 844 --Income tax; exclude long-term care insurance.....................................1002, 1043 HB 845 --Juvenile Court of Cobb County; judge; change
compensation.....................................................1003, 1043, 1090, 1093, 1690 HB 846 --Henry County; board of commissioners; change
compensation.....................................................1003, 1043, 1090, 1093, 1457 HB 847 --Henry County; board of commissioners; election;
eligibility.............................................................l003, 1043, 1090, 1093, 1457
HB 848 --Jails; prisoners pay certain fees; room and board ...............................1003, 1043
HB 849 --Highways; weight and load; enforcement..............................................l003, 1043
HB 850 --Bartow County; homestead exemption; elderly ........................1003, 1043, 1369, 1378, 1965

INDEX

2793

HB 851 --Bartow County Board of Education; election; extend - CA........................................................1004, 1043, 1369, 1371, 1965
HB 852 --Bartow County Board of Education; appoint superintendent...................................................!004, 1043, 1369, 1372, 1965
HB 853 --Bartow County Board of Education; election...........................l004, 1043, 1369, 1372 1965
HB 854 --White, City of; aldermen; term ...............................1004, 1043, 1369, 1372^ 1966 HB 855 --Hancock County Board of Education; election;
extend - CA........................................................1004, 1043, 1090, 1094, 1381 HB 856 --Candler County State Court; appeals; amend
provisions ...........................................................1004, 1043, 1090, 1094, 1381 HB 857 --Candler County Industrial Authority; extend - CA...........................1004, 1043,
1090, 1094, 1381 HB 858 --Emanuel County; provide board of elections............................!005, 1043, 1090,
1094, 1457 HB 859 --Private motor carrier; vehicle transporting
forest products.............................................................!005, 1043, 1367, 1590 HB 860 --Alimony and support; withholding from wages...................................1005, 1043 HB 861 --Crime Victims Compensation Fund; fees on bonds ............................1005, 1043 HB 862 --Solid waste disposal sites; permits; restrictions...................................1005, 1043 HB 863 --Cochran, City of; governing authority; powers.........................1005, 1043, 1146,
1147, 1538 HB 864 --Fayette County Board of Education; election;
extend - CA........................................................1005, 1043, 1090, 1095, 1457 HB 865 --Walton County Water and Sewerage Authority;
create.............................................................................!006, 1043, 1090, 1095 HB 866 --Walton County; one school district; excluding
Social Circle; extend - CA ...............................1006, 1043, 1090, 1095, 1777 HB 867 --Motor vehicle certificate of title; three-wheeled or all
terrain vehicles; exemption.............................................................1006, 1043 HB 868 --Colbert, City of; mayor; term ..................................1006, 1043, 1090, 1095, 1457 HB 869 --Catoosa County; Board of Tax Administrators; create;
extend - CA........................................................1006, 1043, 1207, 1208, 1621 HB 870 --Juvenile courts; jurisdiction; persons under 18....................................1006, 1043 HB 871 --Criminal procedure; family violence; amend provisions.....................1006, 1043 HB 872 --Culloden, City of; city council; election.....................................1007, 1043, 1207,
1208, 1457 HB 873 --Special license plates; Augusta College ...........................1007, 1043, 1044, 1234,
2296, 2377, 2644 HB 874 --Special license plates; Medical College of Georgia.............................l007, 1043,
1044, 1234, 2345 HB 875 --Cobb County; tax commissioner and chief clerk;
compensation.....................................................1007, 1043, 1090, 1095, 1690 HB 876 --Law enforcement officers; injured in line of duty;
compensation....................................................................................1007, 1043 HB 877 --Superior court judges; travel expenses; reimbursement................,..............1039,
1088, 1145, 1299, 1969 HB 878 --Crimes and offenses; mentally retarded persons;
responsibility.....................................................................................l039, 1088 HB 879 --Chatham County-City of Savannah; chief tax assessor;
appoint; extend - CA........................................1040, 1088, 1146, 1147, 1902 HB 880 --Statesboro, City of; corporate limits ..........................................1040, 1088, 1146,
1148, 1538
HB 881 --Cobb County; deputy clerk of superior court;
compensation .....................................................1040, 1088, 1146, 1148, 1690
HB 882 --Public assistance benefits; disregarded income; amend
provisions ...........................................................1008, 1043, 1091, 1493, 2347

2794

INDEX

HB 883 --State flag; change design and description.............................................1040, 1088 HB 884 --Bulloch County; clerk of Superior Court; employees'
compensation.....................................................1040, 1088, 1146, 1148, 1538 HB 885 --Bulloch County; deputies and office clerk of sheriff;
compensation.....................................................1040, 1088, 1146, 1148, 1538 HB 886 --Bulloch County; tax commissioner; assistant's
compensation.....................................................1040, 1088, 1146, 1148, 1538 HB 887 --Bulloch County; clerk of judge of probate court;
compensation.....................................................1041, 1088, 1146, 1149, 1538 HB 888 --Effingham County Board of Education; election.....................1041, 1088, 1257,
1258, 1621
HB 889 --Savannah-Chatham County; merge school systems; extend - CA........................................................1041, 1088, 1660, 1661, 2340
HB 890 --Trusts; payment of funds for real property improvement.................1041, 1088 HB 891 --Missing child report; notification.............-.............................................1041, 1088 HB 892 --Valdosta, City of; redefine corporate limits..............................1041, 1088, 1146,
1149, 1381 HB 893 --Valdosta-Lowndes County Airport Authority; establish................... 1042, 1088,
1146, 1149, 1382
HB 894 --State Court of Chattooga County; judge and solicitor; compensation......................................,..............1042, 1088, 1146, 1149, 1539
HB 895 --Appling County Board of Education; election; extend - CA........................................................1082, 1144, 1207, 1210, 1458
HB 896 --Agrirama employees; Employees' Retirement; membership..............1082, 1144 HB 897 --Agrirama employees; health insurance....,..............1082, 1144, 1437, 1599, 2345 HB 898 --Cobb County; chief deputy sheriff and chief investigator;
compensation.....................................................1082, 1144, 1207, 1210, 1690 HB 899 --Cobb County; provide executive secretary for
sheriff..................................................................l082, 1144, 1207, 1211, 1690 HB 900 --Jenkins County Development Authority; create;
extend - CA........................................................1082, 1144, 1207, 1211, 1777 HB 901 --Teachers Retirement; creditable service; reduce years.......................1083, 1144 HB 902 --Eton, City of; create new charter ............................1083, 1144, 1207, 1211, 1621 HB 903 --Butts County Board of Education; election..............................!083, 1144, 1257,
1258. 1622 HB 904 --Butts County, Flovilla, Jackson and Jenkinsburg Water &
Sewer Authority; membership........................1083, 1144, 1207, 1211, 1458 HB 905 --Education; proprietary schools; certificates of
authorization ...............................................................1042, 1088, 1436, 1589, 2175, 2283, 2522, 2600, 2619
HB 906 --Camden County Board of Commissioners; election; provide for legislative intent................................................l083, 1144, 1257, 1258, 1622
HB 907 --Camden County Board of Education; election.........................1083, 1144, 1257, 1259. 1622
HB 908 --Intangible recording tax; convert to documentary tax ......................1083, 1144, 1444, 1556
HB 909 --Cobb County; board of commissioners; members and chairman; compensation.....................................................l084, 1144, 1207, 1212, 1690
HB 910 --DeKalb and Fulton Counties; zoning procedures; amend..................1084, 1144 HB 911 --Handicapped parking; signs or markings; designation
requirements........................................-..................................1042, 1088, 1256 HB 912 --Commercial fishing violations; bond and penalty ...............................1084, 1144
HB 913 --Child abuse; protocol for county agencies.................................!084, 1144, 1526,
1607, 2345
HB 914 --Taliaferro County; commissioner chairman serve
as road superintendent.........,...........................1042, 1088, 1146, 1149, 1539
HB 915 --Criminal Procedure; bonds and recognizances;

INDEX

2795

forfeiture............................................................................................!084, 1144 HB 916 --Antiterroristic Training Act; enact .........................1084, 1144, 1368, 1498, 1969 HB 917 --Stone Mountain Judicial Circuit; judges' supplement.......................1085, 1144,
1248, 1429, 2174, 2385, 2504, 2508, 2568, 2586, 2650 HB 918 --Civil Court of Richmond County; chief judge;
duties and powers ............................................................................1042, 1088 HB 919 --License plates; special tags; Civil Air Patrol........................................l085, 1144 HB 920 --Sales tax; exempt certain sales at airports...........................................1085, 1144 HB 921 --Physical Therapy; programs of treatment...............................,............1085, 1144 HB 922 --Trafficking in marijuana; weight provisions.........................................1085, 1144 HB 923 --Agriculture; labeling of seeds; year of production...............................1085, 1144 HB 924 --Limited partnerships; amend provisions...............................................1086, 1144 HB 925 --Monroe County; board of commissioners; create .....................1086, 1144, 1257,
1259, 1983, 2014 HB 926 --Worth County; motor vehicle registration.................................!086, 1144, 1207,
1212, 1690 HB 927 --Poulan, City of; change corporate limits...................................1086, 1144, 1207,
1212, 1691 HB 928 --Worth County Development Authority; extend - CA..............1086, 1144, 1207,
1212, 1691 HB 929 --Worth County; board of commissioners; chairman;
compensate.........................................................l086, 1144, 1207, 1212, 1691 HB 930 --Catoosa County; sheriff; compensate......................!086, 1144, 1207, 1213, 1622 HB 931 --Hapeville Development Authority; create; extend - CA....................1139, 1206,
1257, 1259, 1902 HB 932 --Kennesaw, City of; change corporate limits.............................,1139, 1206, 1257,
1259, 1970, 2005 HB 933 --Newton County Board of Commissioners; expense
allowances...........................................................H39, 1206, 1257, 1260, 1777 HB 934 --Hospital Authorities Law; definition of project; include
insurance of every type...................................................................1140, 1206 HB 935 --Brunswick and Glynn County Development Authority;
membership........................................................H40, 1206, 1257, 1260, 1691 HB 936 --Revenue bonds; define "undertaking"...................................................1140, 1206 HB 937 --Jekyll Island-State Park Authority; add member...............................1140, 1206 HB 938 --Wayne County; board of education; election; extend - CA.........................1140,
1206, 1257, 1260, 1622 HB 939 --Wayne County County Administrator; extend - CA ...............1140, 1206, 1257,
1260. 1622 HB 940 --Wayne County Industrial Development Authority; create;
extend - CA........................................................1140, 1206, 1257, 1260, 1622 HB 941 --Muscogee County; judge of Probate Court; compensation ...............1141, 1206,
1257, 1261, 1622 HB 942 --Airports; counties and municipalities register
as operators.......................................................................................H41, 1206 HB 943 --Savannah, City of; Board of Public Education;
increase retirement benefits; extend - CA ..................................1141, 1206, 1257, 1261, 1902
HB 944 --Glascock County Board of Education; election; extend - CA........................................................1087, 1144, 1207, 1213, 1777
HB 945 --Glascock County Industrial Development Authority; create; extend - CA........................................................1087, 1144, 1207, 1213, 1777
HB 946 --Warner Robins Development Authority; create
extend - CA........................................................1141, 1206, 1257, 1261, 1691
HB 947 --Holly Springs, City of; change corporate limits .......................1141, 1206, 1257,
1261. 1691
HB 948 --Ad valorem tax; agricultural property; conveyance.............................1141, 1206

2796

INDEX

HB 949 --Counties and municipalities; disturbing burial places; requirements................................1142, 1206, 1249, 1298, 2174, 2266, 2380, 2402, 2556, 2587, 2650
HB 950 --Burial places; markers or monuments; requirements .........................1142, 1206 HB 951 --School year; opening and closing day....................................................1142, 1206 HB 952 --Wills and estates; validity of common law marriage...........................1142, 1206 HB 953 --Development authorities; dispose of property at
fair-market value...............................................!087, 1144, 1248, 1277, 1906 HB 954 --Corporations; insure certain employees; without
consent................................................................!087, 1144, 1145, 1276, 2136 HB 955 --Bacon County; levy tax for new industry;
extend - CA........................................................1142, 1206, 1257, 1262, 1622 HB 956 --Bacon County Industrial Building Authority; create;
extend - CA........................................................1142, 1206, 1257, 1262, 1623 HB 957 --Ocilla-Irwin County Industrial Development Authority;
create; extend - CA...........................................1143, 1206, 1257, 1262, 1691 HB 958 --Moultrie, City of; change corporate limits; voting
procedures..........................................................H43, 1206, 1257, 1262, 1777 HB 959 --Interior designers; licensing....................................................................1143, 1206 HB 960 --Sales tax; exempt certain sales at airports...........................................1143, 1206 HB 961 --Richmond County; certain officials; compensation............................1143, 1206,
1741, 1741, 2360, 2395 HB 962 --Polk County; tax commissioner; compensation........................1143, 1206, 1257,
1262, 1691 HB 963 --Polk County; board of commissioners; compensation........................1143, 1206,
1257, 1263, 1691 HB 964 --Child custody; visitation rights; residency
requirements.....................................................................................1201, 1255 HB 965 --Comprehensive treatment of alcoholics; effective date.......................1201, 1255 HB 966 --State Court of Cobb County; clerk and chief deputy;
compensation.....................................................1201, 1255, 1369, 1372, 1692 HB 967 --Motor carriers; Public Service Commission enforcement
personnel; citations................................................................!202, 1255, 1887 HB 968 --Controlled substances and dangerous drugs;
amend Kst.....................................................................l202, 1255, 1367, 1488 HB 969 --Decatur, City of; commissioners; election..................................!202, 1255, 1369,
1373, 1966 HB 970 --Greene County; school superintendent; appointed by
Board of Education ..........................................1202, 1255, 1369, 1373, 1778 HB 971 --Chattooga County; fees, costs and fines; disposition;
extend - CA........................................................1202, 1255, 1369, 1373, 1778 HB 972 --Chattooga County Board of Education; election;
extend - CA........................................................1202, 1255, 1369, 1373, 1778 HB 973 --Monroe County; homestead exemption; extend - CA..............1202, 1255, 1369,
1379, 1623 HB 974 --Augusta Judicial Circuit; compensation; supplement........................1203, 1255,
1443, 1591, 1969 HB 975 --Downtown Athens Development Authority; establish;
extend - CA........................................................1203, 1255, 1369, 1373, 1692 HB 976 --State Court of Habersham County; terms ................................1203, 1255, 1369,
1374, 1902
HB 977 --State Court of Habersham County; judge and solicitor;
compensation.....................................................1203, 1255, 1369, 1374, 1902
HB 978 --State Court of Habersham County; solicitors pro tempore;
appointed by judge...........................................1203, 1255, 1369, 1374, 1902
HB 979 --Mortgage brokers; licensing ....................................................................1203, 1255
HB 980 --Mortgages; insurance premiums or taxes; timely payment................!203, 1255

INDEX

2797

HB 981 --Education; transportation costs; distance requirements.....................1204, 1255 HB 982 --Public school employees health insurance; payment by local
school systems ..................................................................................1204, 1255 HB 983 --Motor vehicle insurance; certain persons; exemption ..................................1204,
1255, 1582 HB 984 --Austell, City of; change corporate limits...................................1204, 1255, 1922,
1922, 2643 HB 985 --Dudley, Town of; levy tax to promote industries;
extend - CA........................................................1204, 1255, 1369, 1374, 1903 HB 986 --Downtown Dublin Development Authority; extend - CA.................1204, 1255,
1369, 1375, 1903 HB 987 --Laurens County Board of Education; election;
extend - CA........................................................1205, 1255, 1369, 1375, 1903 HB 988 --Laurens County; obligation bonds; certain schools;
extend - CA........................................................1205, 1255, 1369, 1375, 1903 HB 989 --City of Dublin-Laurens County Development Authority;
extend - CA........................................................1205, 1255, 1369, 1375, 1903 HB 990 --The Pension Board of DeKalb County; change membership...........l205, 1255,
1369, 1376 HB 991 --City Court of Griffin; judge and solicitor; change
provisions ...........................................................1205, 1255, 1369, 1376, 1623 HB 992 --Morrow, City of; mayor and councilmen; change terms of
office....................................................................!205, 1255, 1369, 1376, 2132 HB 993 --Employees' Retirement; superior court judges' and district
attorneys' secretaries; creditable service......................................1205, 1255 HB 994 --Upson County Board of Education; temporarily
add member.......................................................1206, 1255, 1369, 1376, 1623 HB 995 --Gwinnett County Board of Registrations and Elections;
provide ..........................................................................1206, 1255, 1369, 1376 HB 996 --St. Marys, City of; change corporate limits ..............................1206, 1255, 1369,
1377, 1903 HB 997 --Camden County; board of education appoint school
superintendent...................................................!206, 1255, 1369, 1377, 1903 HB 998 --Controlled substances; duplicate prescription......................................1250, 1366 HB 999 --Income tax; contribution of property to certain youth
organizations; credit.........................................................................1250, 1366 HB 1000 --Baxley, City of; change corporate Iimits....................................l251, 1366, 1444,
1445, 1966 HB 1001 --Budget Act; define appropriation ................................................1251, 1366, 1442 HB 1002 --Summerville, City of; change corporate Iimits..........................l251, 1366, 1444,
1445, 1966 HB 1003 --Board of Postsecondary Vocational Education; nursing home
assistant programs ...........................................................................1251, 1366 HB 1004 --Paulding County; coroner; compensation..................................l251, 1366, 1444,
1445, 1778 HB 1005 --Paulding County; board of commissioners; chairman's
compensation.....................................................1251, 1366, 1444, 1445, 1778 HB 1006 --Charlton County Development Authority; powers and procedures;
extend - CA........................................................1251, 1366, 1444, 1446, 1966 HB 1007 --Charlton County; board of commissioners; election...........................1251, 1366,
1444, 1446, 1966 HB 1008 --Hunting; either-sex or antlerless deer; bag limit.....................,...........1252, 1366
HB 1009 --Emergency medical services systems; support from certain
funds........................................................................................l252, 1366, 1765
HB 1010 --Game and fish; certain permits; criteria for issuance........................1252, 1366,
1442, 1599, 1970, 2030
HB 1011 --School buses; recreational activities; authorization.............................1252, 1366

2798

INDEX

HB 1012 --Echols County Development Authority; extend - CA.............1252, 1366, 1444, 1446, 1692
HB 1013 --Echols County; Judge Probate Court or County Court; compensation; extend - CA .............................1252, 1366, 1444, 1446, 1692
HB 1014 --Quitman, City of; board of commissioners; composition...................1253, 1366, 1444, 1447, 1692
HB 1015 --Barnesville, City of; new charter.............................!253, 1366, 1660, 1662, 1966 HB 1016 --Floyd County and City of Rome School Systems; consolidate...................!253,
1366, 1527, 1528, 1983, 2042 HB 1017 --Turner County Development Authority; extend - CA ............1253, 1366, 1660,
1682, 2340 HB 1018 --Cordele Office Building Authority; extend - CA......................1253, 1366, 1444,
1447, 1966 HB 1019 --Cordele Office Building Authority; repeal
specific acts........................................................!253, 1366, 1444, 1447, 1966 HB 1020 --Intangible tax; level of liability; filing return.......................................!358, 1441 HB 1021 --State Juvenile Court judges; retirement benefits................................ 1358, 1441 HB 1022 --Superior Court Judges' Retirement; creditable service......................1358, 1441 HB 1023 --Driver's license; suspension or revocation; failure to pay
certain fine........................................................................................!359, 1441 HB 1024 --County boards of education; members' per diem................................1359, 1441 HB 1025 --Public School Employees' Retirement; 40 years service ....................1359, 1441 HB 1026 --Community development block grant fund; appropriations..............1359, 1441 HB 1027 --Chatham County Recorder's Court; provide chief judge...................!359, 1441,
1527, 1528, 1903 HB 1028 --Waycross, City of; Board of Education; election......................!359, 1441, 1527,
1529, 1903 HB 1029 --Animal Protection Act; certain shelters; euthanasia...........................1360, 1441 HB 1030 --Motor vehicle insurance; certificates of self-insurance.......................1360, 1441 HB 1031 --Insurance; nonrenewal of certain types of policies; filing
requirements.....................................................................................1360, 1441 HB 1032 --DeKalb County; board of education; repeal
compensation Act........................................................l360, 1441, 1527, 1529 HB 1033 --Chatham County Law Enforcement and Jails Study Commission;
create........................................................1254, 1366, 1444, 1447, 1984, 2048 HB 1034 --Newnan, City of; new charter; create.....................1360, 1441, 1527, 1529, 1778 HB 1035 --George L. Smith II Georgia World Congress Center Authority;
convention and trade show facilities.......................1254, 1366, 1443, 1576, 2347, 2348
HB 1036 --Community Affairs, Department of; grants to counties and municipalities; authorization..........................l254, 1366, 1443, 1578, 2347, 2348, 2569, 2570
HB 1037 --Richmond County; governing authority; revise laws...........................1255, 1366 HB 1038 --Clinch County Development Authority; extend - CA .............1360, 1441, 1527,
1529. 1904 HB 1039 --Clinch County Board of Education; superintendent's
appointment.......................................................!360, 1441, 1527, 1530, 1904 HB 1040 --Clinch County Law Library; magistrate court fees..................!361, 1441, 1527,
1530. 1904 HB 1041 --Sales tax certificate; businesses; seller acting
unlawfully ..........................................................................................1361, 1441 HB 1042 --DeKalb County; board of commissioners; delete certain
provisions..........................................................................................1361, 1441
HB 1043 --DeKalb County Commission and Chief Executive; compensate................1361,
1441, 1527, 1530, 1971, 2116
HB 1044 --Teachers Retirement; certain municipality; employee
contributions.....................................................................................!361, 1441

INDEX

2799

HB 1045 --Barrow County; board of Commissioners; membership ....................1361, 1441, 1615, 1617, 2132
HB 1046 --Environmental Facilities Authority; Employees' Retirement ........................................................................................1362, 1441
HB 1047 --Sexual offenses; AIDS testing; requirement.........................................!362, 1441 HB 1048 --Augusta, City of; amend charter............................................................1362, 1441 HB 1049 --Carrollton, City of; homestead exemption; extend - CA...................1362, 1441,
1527, 1537, 2340 HB 1050 --Conyers-Rockdale-Big Haynes Impoundment Authority;
create..............................................!362, 1441, 1464, 1615, 1617, 1970, 2015 HB 1051 --Riverdale, City of; corporate Iimits.........................l362, 1441, 1527, 1531, 2133 HB 1052 --Property; title by prescription; adverse possession.............................1362, 1441 HB 1053 --Administrative Procedure; Workers' Compensation rules .................1363, 1441 HB 1054 --DeKalb County; board of education; compensation................1363, 1441, 1527,
1531. 1966 HB 1055 --Cook County; board of commissioners; compensation.......................1363, 1441,
1527, 1531, 1778 HB 1056 --Workers' Compensation; retaliatory dismissal.....................................1363, 1441 HB 1057 --Criminal trespass; definition...................................................................1363, 1441 HB 1058 --Chehaw Park Authority; composition and term.....................,.1363, 1441, 1527,
1532. 1778 HB 1059 --Albany, City of and Dougherty County; school district merger;
extend - CA........................................................1364, 1441, 1527, 1532, 1778 HB 1060 --Dougherty County; collection of garbage; certain areas;
extend - CA........................................................1364, 1441, 1527, 1532, .1779 HB 1061 --Dougherty County; board of commissioners and chairman;
compensation.....................................................1364, 1441, 1527, 1532, 1779 HB 1062 --Dougherty County; Board of Tax Assessors; merge;
extend - CA........................................................1364, 1441, 1527, 1533, 1779 HB 1063 --Dougherty County; board of education; election......................l364, 1441, 1615,
1617, 1904 HB 1064 --Dougherty County State Court; costs and fees ........................1364, 1441, 1527,
1533, 1779 HB 1065 --Albany, City of; bonds for waterworks system;
extend - CA........................................................1365, 1441, 1527, 1533, 1779 HB 1066 --Albany-Dougherty County; sewage system;
extend - CA........................................................1365, 1441, 1527, 1533, 1779 HB 1067 --Albany-Dougherty County; financing sewage system;
extend - CA........................................................1365, 1441, 1527, 1534, 1780 HB 1068 --DeKalb County; judge of probate court; superior court clerk;
compensation.....................................................1365, 1441, 1527, 1534, 1967 HB 1069 --DeKalb County; tax commissioner; salary ......................1365, 1441, 1527, 1534,
1972, 2050 HB 1070 --Chatham County; tax commissioner; costs of operation ..................1365, 1441,
1527, 1534, 1983, 2016, 2125 HB 1071 --Retirement; certain personnel of Education Department..................1366, 1442 HB 1072 --Catoosa County; sewage districts; extend - CA ...................................1438, 1526 HB 1073 --Catoosa County Development Authority; create;
extend - CA.......................................................................................1438, 1526 HB 1074 --Tax execution and sales; advertisement; requirement........................!438, 1526 HB 1075 --Chatham County; board of commissioners; meetings.........................1439, 1526 HB 1076 --Chatham County; board of commissioners; meetings........................1439, 1526,
1922, 1923, 2643
HB 1077 --Clinch County; board of education; certain election..........................!439, 1526,
1615, 1618, 1967
HB 1078 --DeKalb County State Court; assistant solicitor;
appointment.......................................................1439, 1526, 1615, 1618, 1967

2800

INDEX

HB 1079 --Special license plates; Paine College.....................................................1439, 1526 HB 1080 --Ellijay-Gilmer County Water and Sewerage Authority; create ..................1439,
1526, 1615, 1618, 1967 HB 1081 --Tyrone, City of; mayor pro tem; term....................!440, 1526, 1615, 1618, 2133 HB 1082 --Clayton County; probate court judge; compensation.........................1440, 1526,
1615, 1618, 2133
HB 1083 --Clayton County; state court; deputy clerk, judge and solicitor; compensation.....................................................1440, 1526, 1615, 1619, 2133
HB 1084 --Clayton County; board of education; compensation................l440, 1526, 1615, 1619, 1983, 2051
HB 1085 --Clayton County; board of commissioners and chairman; compensation.....................................................1440, 1526, 1615, 1619, 2133
HB 1086 --Clayton County; tax commissioner and deputy; compensation..................1440, 1526, 1615, 1619, 2133
HB 1087 --Clayton County; sheriff and superior court clerk; compensation.....................................................1440, 1526, 1615, 1620, 2133
HB 1088 --Clayton County; civil service board; members' compensation....................1441, 1526, 1615, 1620, 2133
HB 1089 --Fulton County; merit system; disciplinary actions..............................!441, 1526 HB 1090 --Cumming, City of; water service area boundaries....................1521, 1613, 1741,
1743, 2340
HB 1091 --Forsyth County Board of Registration and Elections; provide................................................................!521, 1613, 1660, 1682, 2340
HB 1092 --Auburn, Town of; homestead exemption; extend - CA.....................1521, 1613, 1661, 1688, 2341
HB 1093 --Colquitt County; motor vehicle registration .............................1522, 1613, 1660, 1682. 2341
HB 1094 --Jeff Davis County; ad valorem tax exemption; certain businesses; extend - CA...................................1522, 1613, 1660, 1683, 2341
HB 1095 --Brooks County; board of education; appoint superintendent.....................1522, 1613, 1660, 1683, 1967
HB 1096 --Brooks County-City of Quitman School Systems; merge; extend - CA........................................................1522, 1613, 1660, 1683, 1967
HB 1097 --Lake Park, City of; change corporate limits.............................1522, 1613, 1660, 1683. 2133
HB 1098 --Clayton County Water Authority; chairman, secretary, members; compensation................................,..1522, 1613, 1660, 1684, 2134
HB 1099 --Gwinnett County Merit System Board; authority...................1522, 1613, 1741, 1745, 2141, 2166
HB 1100 --Sugar Hill, City of; homestead exemption; extend - CA...................1523, 1613, 1741, 1745, 2341
HB 1101 --Banks County Industrial Building Authority; powers and procedure; extend - CA............................1523, 1613, 1660, 1684, 2341
HB 1102 --Gwinnett County; board of elections; repeal Act creating ..........................1523, 1613, 1660, 1684
HB 1103 --Butts County; board of commissioners; election......................1523, 1613, 1660, 1684. 2134
HB 1104 --Talbot County; board of commissioners; compensation.................... 1523, 1613, 1660, 1685
HB 1105 --Catoosa County Development Authority; extend - CA.....................1523, 1613, 1660, 1685, 2134
HB 1106 --Catoosa County; sewage districts; extend - CA........................1524, 1613, 1660,
1685, 2134
HB 1107 --Brunswick and Glynn County Development Authority; appoint
membership.................,......................................1524, 1613, 1660, 1685, 2341
HB 1108 --Byron, City of; redevelopment powers...................1524, 1613, 1660, 1685, 1967
HB 1109 --Peach County; redevelopment powers....................!524, 1613, 1661, 1686, 1967

INDEX

2801

HB 1110 --Port Valley, City of; redevelopment powers..............................!524, 1613, 1661, 1686, 1967
HB 1111 --Magistrate Court of Houston County; law library fees .....................1524, 1613, 1661, 1686, 2134
HB 1112 --Houston County State Court; civil cases; cost..........................!524, 1613, 1661, 1686. 2134
HB 1113 --White County; board of commissioners; membership.............1525, 1613, 1661, 1687, 2141, 2167
HB 1114 --Motor vehicle certificate of title; mobile homes; requirements.....................................................................................1611, 1659
HB 1115 --Eminent domain; coal pipeline companies; authorization..................1611, 1659 HB 1116 --Fire safety inspection warrants; requirements.....................................1612, 1659 HB 1117 --Georgia Nonprofit Housing Corporation; create..................................1612, 1659 HB 1118 --Carroll County State Court; solicitor; expenses .......................1525, 1613, 1661,
1687. 2341 HB 1119 --Ball Ground, City of; extend corporate limits....................................1612, 1659,
1772, 1773, 2341 HB 1120 --Brantley County Development Authority; extend - CA....................1525, 1613,
1661, 1687, 2342 HB 1121 --Clayton County; community improvement districts..........................1525, 1613,
1661, 1687 HB 1122 --Clayton County Tourism Authority; create.........................................!525, 1613,
1661, 1688, 2134 HB 1123 --Torts; persons who furnish alcoholic beverages
to minors ...........................................................................................1612, 1659 HB 1124 --Floyd County; tax commissioner; compensation.................................1612, 1659,
1772, 1773, 2142, 2167 HB 1125 --Floyd County; clerk of Superior Court and Probate Court
judge; compensation...............................1612, 1659, 1772, 1773, 2142, 2167 HB 1126 --Waycross, City of; new charter; mayor.................................................!612, 1659,
1772, 1774, 1984, 2016 HB 1127 --Walker County State Court; provide secretary for judge..................!613, 1659,
1772, 1774, 2342 HB 1128 --Richmond County; board of education; compensation......................1613, 1659,
1772, 1774, 2134 HB 1129 --Sky Valley, City of; homestead exemption..........................................1613, 1659,
1772, 1775, 2342 HB 1130 --Taxation; interest on refunds.................................................................1658, 1770 HB 1131 --Retail Sales; revolving accounts; interest
paid to buyer ....................................................................................1658, 1770 HB 1132 --Peachtree City Water and Sewerage Authority; create.....................!658, 1770,
1893, 1894, 2644 HB 1133 --Alcohol and Drug Safety Course; license requirement.......................1658, 1770 HB 1134 --Federal-State Shipping Point Inspection Service;
Employees' Retirement...................................................................1658, 1770 HB 1135 --Toombs County Board of Education; election....................................!658, 1770,
1893, 1894, 2644 HB 1136 --Special county sales tax; cultural, recreational or
historic facilities...............................................................................1659, 1770 HB 1137 --Bacon County; board of commissioners; compensation.....................1659, 1770,
1893, 1898, 2342 HB 1138 --Savannah, City of; mayor's term.......................................1768, 1892, 1962, 1963
HB 1139 --Fishing; taking non-game fish with bow and arrow............................1768, 1892
HB 1140 --Catoosa County; coroner; compensation................1769, 1892, 1962, 1963, 2342
HB 1141 --Glascock County Board of Commissioners; clerk;
compensation.....................................................1769, 1892, 1962, 1963, 2342
HB 1142 --Glascock County; chief deputy sheriff and deputy

2802

INDEX

sheriffs; compensation......................................!769, 1892, 1962, 1964, 2342 HB 1143 --Marietta, City of; deannex and exclude certain
property....................................................1769, 1892, 1994, 1994, 2360, 2474 HB 1144 --Water well contractors; licensing ...........................................................1769, 1892 HB 1145 --Fort Gaines, City of; municipal port and terminal
facilities; extend - CA.......................................1769, 1892, 1962, 1964, 2342 HB 1146 --Clay County Development Authority; extend - CA...........................1769, 1892,
1962, 1964, 2342
HB 1147 --Fort Gaines, City of; tax levy to promote new industries; extend - CA....................................1770, 1892, 1962, 1964, 2342
HB 1148 --Boats; certificates of number for vessels; issuance...................................................................................1770, 1892, 2034
HB 1149 --Natural Resources Department; wildlife technicians; reclassify............................................................................................1961, 2130
HB 1150 --Animal Protection Act; amend provisions............................................1961, 2130 HB 1151 --Executory trust; amend provisions........................................................1962, 2130 HB 1152 --Quality Basic Education; fair share funds............................................2127, 2317 HB 1153 --Newton County; homestead exemptions...............................................2127, 2317 HB 1154 --Marriage license; additional fee..............................................................2127, 2317 HB 1155 --District Attorneys Emeritus; certain salary
changes....................................................................................2128, 2288, 2317 HB 1156 --West Georgia Regional Water Authority; create.................................2128, 2317 HB 1157 --Charlton County Board of Education; election ...................................2128, 2317 HB il58 --Hospitals and birthing centers; midwifery; prohibitions....................2128, 2317 HB 1159 --Riceboro, City of; territorial boundaries...............................................2128, 2317 HB 1160 --Insurance; premium taxes; date of collection.......................................2128, 2317 HB 1161 --Civil and criminal cases; continuances; certain
registered agents ..............................................................................2129, 2317 HB 1162 --Trust companies; fiduciary funds; awaiting investment
and distribution................................................................................2129, 2317 HB 1163 --Guardians and trustees; commissions....................................................2129, 2317 HB 1164 --Hall County Board of Education; election......................................................2314 HB 1165 --Hall County Board of Commissioners; election .............................................2314 HB 1166 --Driver's license; minimum age after certain convictions....................2130, 2317 HB 1167 --Uninsured Motor vehicle; seizure after certain
convictions.........................................................................................2130, 2317 HB 1168 --Zoning procedures; injunctive relief.................................................................2314 HB 1169 --Optometrists; prescribing pharmaceutical agents..........................................2314 HB 1170 --Income tax; exclude Social Security benefits.................................................2314 HB 1171 --Sales tax; exempt certain business periodicals...............................................2314 HB 1172 --Code of ethics; officers and employees; certain
municipalities..............................................................................................2315 HB 1173 --Municipal courts; certain municipalities; jurisdiction...................................2315 HB 1174 --Alimony or child support; dependent child; definition.................................2315 HB 1175 --Workers' Compensation; injured while under influence of
drugs.............................................................................................................2315 HB 1176 --Trade practices, laundries; itemized list..........................................................2315 HB 1177 --Child custody; removal of child from state; requirements...........................2316 HB 1178 --Criminal trespass; spouse's intentional damage to property........................2316 HB 1179 --Contracts; counties and municipalities; certain liability...............................2316 HB 1180 --Income tax; retirement income exemption; repeal ........................................2316 HB 1181 --Alcoholic beverage sales; persons under 21 years;
prohibitions.................................................................................................2316 HB 1182 --Teachers Retirement; service in private schools; credit................................2316

PART III
HOUSE RESOLUTIONS
HR 1 --Notify the Senate the House of Representatives has convened...................................................................................................12
HR 2 --Notify the Governor the General Assembly has convened ....................................................................................12, 63, 364
HR 3 --Relative to the House of Representatives; officials and employees.................................................................................................13
HR 4 --Rules of the House; adopt.....................................................................................!8 HR 5 --Joint Session; inauguration for Governor and Lieutenant
Governor....................................................................................................l9, 63 HR 6 --Joint Session; Governor's Message ................................................................19, 80 HR 7 --Joint Session; Governor's Message; invite Justices
and Judges................................................................................................19, 80 HR 8 --Adjourn 1/16/87; Reconvene 1/26/87.............................................................20, 80 HR 9 --L. L. (Pete) Phillips Conference Center;
designate.........................................................................46, 62, 670, 727, 1384 HR 10 --Joint Study Committee on Community Services for the
Mentally Disabled ..........................................46, 62, 1368, 1476, 1994, 2002 HR 11 --Hodges, Ray R.; compensate..............................................46, 62, 842, 1061, 1540 HR 12 --Other sources of revenue for local school systems;
provide - CA .............................................................................................46, 62 HR 13 --Alcohol or drug abuse; allocate money for treatment
programs - CA ..........................................................................................46, 62 HR 14 --House After School Care Program Study Committee;
create..........................................................................................................46, 62 HR 15 --House Teenage Pregnancy Study Committee; create.................................47, 62 HR 16 --State Constitution; create commission to correct
and revise..................................................................................................47, 62 HR 17 --Mobley, Matthew Paul; compensate.................................47, 62, 842, 1062, 1540 HR 18 --Owens, Reginald; compensate ..............................................................47, 62, 1248 HR 19 --Children and Youth Study Committee; create ............................................47, 62 HR 20 --Airport Authority Study Committee; create ................................................47, 62 HR 21 --Lead Poisoning Prevention Study Committee; create ................................47, 62 HR 22 --Youth and Violence Study Committee; create........................47, 62, 2130, 2532 HR 23 --Katzir, Issachar, Consul General of Israel;
address House ................................................................................20, 751, 770 HR 24 --Rules of House; amend..........................................................................................20 HR 25 --Napier, Honorable Viola Ross; portrait
in capitol ..........................................................................52, 78, 109, 140, 445 HR 26 --Pardons and Paroles, State Board; elect
membership - CA.....................................................................................52, 78 HR 27 --Certain public officials; plurality of votes cast;
election - CA.............................................................................................52, 78 HR 28 --Fine, S. Mark; compensate..............................................................................61, 78

2804

INDEX

HR 29 --Hartsfield-Atlanta International Airport Noise Committee; recreate......................................................................................................61, 78
HR 30 --Georgia-Florida football game; urge change in site.....................................61, 78 HR 31 --Guido, Michael; commend.....................................................................................64 HR 32 --Benn, Honorable Lorenzo; recognize ...................................................................64 HR 33 --Jackson Primary School; commend......................................................................64 HR 34 --Stroud, Honorable Ernest L.; commend .............................................................64 HR 35 --King, Floyd J.; condolences..................................................................................^ HR 36 --Dutton, Mandell C.; condolences.........................................................................^ HR 37 --Salem, William John; condolences .......................................................................64 HR 38 --Strickland, Ernest W.; condolences......................................................................^ HR 39 --Walton, Mildred; commend...................................................................................64 HR 40 --Hodges, Reverend Dr. Cecil; commend ...............................................................64 HR 41 --Tanner, L.; compensate.................................................................................76, 109 HR 42 --Palmer, Mickey; compensate .........................................106, 134, 842, 1062, 1541 HR 43 --Ben Hill County Commissioners; compensate.................................106, 134,842
HR 44 --Counties and municipalities; land use plans; zoning power - CA...............................................................................107, 134
HR 45 --Pari-mutuel wagering; local referendum - CA.................................107, 134, 201 HR 46 --A. L. "Al" Burruss Correctional Training Center;
designate.........................................................................................94, 109, 121 HR 47 --Elderly Volunteer Service Credit Study
Committee; create...........................................................107, 134, 2130, 2547 HR 48 --Liang, Doris E.; compensate...............................................................!07, 134, 842 HR 49 --Smyrna Lions Club; commend..............................................................................91 HR 50 --Stowe, Rose Mell; 100th Birthday; congratulate................................................91 HR 51 --R. E. Lee High School Rebels Football Team; commend................................91 HR 52 --Republican National Convention 1988; relative to............................................91 HR 53 --MARTA; conform certain committee designations....................... 107, 134, 202,
344, 1053 HR 54 --State lottery; provide - CA..........................................................................107, 134 HR 55 --Pulaski County; convey property ....................................133, 170, 335, 389, 1101 HR 56 --Persons, Allene; compensate........................................!33, 170, 1442, 1597, 2137 HR 57 --International Service Insurance Co.; compensate.........................133, 170, 1248 HR 58 --Wray, Thomas Dowden; compensate..........................l33, 170, 1248, 1271, 2137 HR 59 --Hazardous Materials Emergency Response Advisory
Council; recreate .......................................................133, 170, 670, 763, 2136 HR 60 --Georgia Forestry Commission; transfer certain property to
Fannin County ..........................................................133, 170, 335, 390, 1153 HR 61 --Joseph Wilson Smith Bridge; designate...........................!33, 170, 265, 344, 760 HR 62 --J. R. Alien Parkway; designate................................,.........133, 170, 265, 344, 760 HR 63 --Counties and municipalities; multiyear contracts;
enact general law - CA................................................................133, 170, 180 HR 64 --Governor's Task Force on Adult Literacy;
create...........................................................................!34, 170, 670, 720, 1219 HR 65 --Lambert, Franklyn; commend.............................................................................137 HR 66 --Georgia Tree Farm System; commend..............................................................137 HR 67 --Gatewood, Dr. T. Schley, Sr.; commend...........................................................137 HR 68 --Barnum, Thelma G.; commend...........................................................................l37 HR 69 --Clean Water Act; reauthorize; urge Congress ..........................................137, 446 HR 70 --Matthews, Honorable Robert Chappelle; condolences....................................139 HR 71 --Healan, Hill R.; commend...................................................................................139
HR 72 --Feighner, Honorable J. W.; commend...............................................................139
HR 73 --Mitchell, John H., Sr.; commend .......................................................................139
HR 74 --Appalachian Trail Golden Anniversary Celebration;
designate 1987......................................................................139, 392, 458, 645
HR 75 --Victims of crimes; expressing declared rights..................................139, 264, 390

INDEX

2805

HR 76 --Social Security Acts; certain legislation; urge Congress.....................................................................l39, 392, 736, 1694
HR 77 --Governor's Commission on Growth Strategy; create .................. 139, 2317, 2554 HR 78 --1986 Villa Rica Wildcats football team; invite to House................................l40 HR 79 --Dobbs, Honorable Denny; congratulate.............................................................l40 HR 80 --Seat Belts; encourage use ....................................................................................140 HR 81 --Local school systems; taxation; other sources
of revenue - CA....................................................................................169, 200 HR 82 --Valdosta High School "Wildcats" Football Team; commend........................l75 HR 83 --North Fulton county Incorporation Study Commission;
create ........................................................................................... ..169, 200,751 HR 84 --Special sales and use tax; educational purposes;
referendum - CA ..................................................................................169, 200 HR 85 --University System of Georgia; invite certain
scholars..........................................................................................l75, 335, 347 HR 86 --Georgia Southern Football Team; Coach Erk Russell;
invite to House.............................................................................l75, 264, 279 HR 87 --R. E. Lee High School Rebels Football Team;
invite to House.............................................................................l75, 264, 279 HR 88 --Randolph-Clay High School Boys Basketball Team;
invite to House.............................................................................l75, 264, 280 HR 89 --"Savannah Day"; designate January 26, 1987..................................................175 HR 90 --University System Laboratory, Equipment, Rehabilitation
Technology, and Eminent Scholars Endowment Study Committee; create....................................................!98, 229, 230, 299 HR 91 --Chatham County Courts Officials Compensation Study Commission; create .............................................................198, 229, 392, 414 HR 92 --Personnel Board; urge hiring of certain handicapped persons......................................................................l79, 440, 724, 2151, 2372 HR 93 --Amend H.R. 3; relative to officials and employees..................................................................................!79, 1256, 1275 HR 94 --Burdick, Brigadier General Donald; commend ................................................204 HR 95 --Joint Prefiling of Legislation Study Committee; create.........................!99, 229 HR 96 --Homer Chance Highway; designate in Twiggs County..........................l99, 229,
265, 361, 760 HR 97 --Boards of education; single member district - CA .................................. 199, 229 HR 98 --Joint Comprehensive Energy Resources Policy
Committee; create....................................................227, 263, 751, 986, 1385, 1570, 1575, 1628, 2585, 2650
HR 99 --Tybee Island, City of; convey easement; fishing pier ............................228, 263, 335, 385, 1101, 1625
HR 100 --Graysville, City of; convey property ............................ ...228, 263, 335, 389, 1102 HR 101 --Taliaferro County; convey property ...............................228, 263, 335, 391, 1153 HR 102 --Rules of House; amend Rule 52 .........................................................................204 HR 103 --Rules of House; amend Rule 52 .........................................................................204 HR 104 --Rules of House; amend Rule 50 .........................................................................204 HR 105 --Russell, Coach Erk; Georgia Southern College; commend ............................204 HR 106 --Georgia Southern College Eagles Football Team; commend .........................205 HR 107 --Georgia Southern College Eagles Football Team; commend .........................205 HR 108 --Moseley, J. Brown; compensate .......................................................228, 263, 1248 HR 109 --DeKalb County Government Study Commission; create............228, 263, 1368,
1485, 1994, 2113, 2138, 2148, 2269, 2471, 2650
HR 110 --Girl Scout Gold Award; commend outstanding young women......................217
HR 111 --Mauldin, Milton Reese; Mauldin, Addie Shaw; commend family ................217
HR 112 --Fifteenth Annual Fireman's Recognition Day; commend

HR 113 --David, Jimmy Donald; commend .......................................................................218

2806

INDEX

HR 114 -- Otwell, Elizabeth Dowling; commend................................................................218 HR 115 --Lassiter High School Band; commend ..............................................................218 HR 116 --Norton, Mercer Brim; Department of Natural Resources;
HR 117 --Clayton County; home of "Gone With the Wind"; recognize ...............218, 271 HR 118 --Museum of Aviation; Robins Air Force Base ...................................................218 HR 119 --Jackson Kiwanis Club; sixty-fifth anniversary; commend..............................218 HR 120 --Masters, Ronnie; honor ........................................................................................218 HR 121 --Burson, Benjamin Thomas, Jr.; condolences....................................................218 HR 122 --Georgia's Soil and Water Conservation Districts; commend ......... ...............218 HR 123 --Burnette, Madge Brown; condolences ...............................................................218 HR 124 --Property Damage by Deer Study Committee; create .............................228, 263 HR 125 --Baldwin County; lease of property ............................262, 334, 1145, 1292, 1994,
2380, 2644 HR 126 --Women and Poverty Study Committee; create .......................................262, 334 HR 127 --Child Pornography Study Committee; create ..........................................262, 334 HR 128 --1986 Central of Carrollton Lions football team;
invite to House .............................................................................................235 HR 129 --Pardons and Parole; restrictions; certain sentence - CA........................263, 334 HR 130 --Knobbed Whelk; designate as state seashell ..................................263, 334, 431,
455, 1102 HR 131 --Initiative petition; power to enact or reject; CA......................................324, 374 HR 132 --State-wide grand juries; create ...................................................................324, 374 HR 133 --Waycross, City of; grant easement..................................324, 374, 635, 733, 1219 HR 134 --Rutland, Robert J.; commend.............................................................................281 HR 135 --Edwards, Frank; commend..................................................................................281 HR 136 --National Counselors Week; recognize February 1-7, 1987 .............................281 HR 137 --Graham, Ernie, III; commend.............................................................................281 HR 138 --Smith, Colonel Harry 0.; commend...................................................................281 HR 139 --Ingram, C. Fred; commend..................................................................................281 HR 140 --Segars, Anne; commend .......................................................................................281 HR 141 --Georgia Citizens for the Arts; commend...........................................................281 HR 142 --Boatwright, Perry J.; commend ..........................................................................281 HR 143 --Campbell, James Hope; condolences .................................................................282 HR 144 --Duvall, Vincent "Zippy"; commend ...................................................................282 HR 145 --Governor, Georgia National Guard, state and local law
enforcement agencies; commend................................................................282 HR 146 --A. L. "Al" Burruss Correctional Training Center
designate...................................................................324, 374, 635, 1033, 1624 HR 147 --Kempton, Honorable Bessie; place portrait in
State Capitol.........................................................................................324, 374 HR 148 --Jernigan, Michael; commend...............................................................................282 HR 149 --Thaxton, Elise; commend ................................................................. ...................282 HR 150 --Waters, Susan; commend.....................................................................................282 HR 151 --Cleveland, Melanie; commend ............................................................................282 HR 152 --Bowers, Maria; commend.....................................................................................282 HR 153 --Magnus, Ken; commend.......................................................................................282 HR 154 --Beasley, Julie; commend......................................................................................282 HR 155 --Wilkerson, Tammy; commend ............................................................................282 HR 156 --Kennedy, Sean; commend ...................................................................................282 HR 157 --Guthrie, Rochelle; commend...............................................................................282 HR 158 --Paradise, Melanie; commend...............................................................................283 HR 159 --Piche', Philip; commend ......................................................................................283
HR 160 --Pannell, Leslie; commend ....................................................................................283 HR 161 --Faircloth, Amy; commend....................................................................................283
HR 162 --Wright, Devin; commend .....................................................................................283 HR 163 --Masters, Anita; commend ....................................................................................283

INDEX

2807

HR 164 --Jones, David; commend .......................................................................................283 HR 165 --Perinatal Services in County Health Departments
Study Committee; create ................................................325, 374, 440, 1434 HR 166 --AIDS; Human Resources to make report on impact .............................333, 374,
843, 1575, 2346 HR 167 --Electric utilities; state ad valorem tax;
distribution - CA..................................................................................333, 374 HR 168 --Rodgers, Dr. Tom H.; Georgia Cooperative Extension Service;
invite to House.............................................................................347, 670, 700 HR 169 --Balanced budget; urge U. S. Constitutional Convention........................333, 374 HR 170 --Lincoln County High School Red Devils football team;
invite to House.............................................................................363, 392, 430 HR 171 --Reeves, Coach Dan; Denver Broncos; commend..............................................364 HR 172 --Dukes, Officer Matt; commend...........................................................................364 HR 173 --Browne, Dr. E. Broadus; condolences................................................................364 HR 174 --Georgia Farm Bureau Day; recognize ................................................................364 HR 175 --Housing Study Committee; re-create....................................372, 402, 2130, 2539 HR 176 --Brunswick Judicial Circuit Study Committee; create............................400, 440,
1368, 1564, 2151, 2163, 2269, 2377, 2483, 2513, 2650 HR 177 --Daugherty, Honorable J. C.; in tribute..............................................................391 HR 178 --College Tuition Prepayment Plan Study Committee; create ................400, 440 HR 179 --Hemphill, Michael; commend .............................................................................431 HR 180 --Cox, Gary Vinson; commend...............................................................................431 HR 181 --Diabetes Awareness Month; proclaim in November .......................................431 HR 182 --Berry, Hiawatha; commend.................................................................................431 HR 183 --Williams, Mr. and Mrs. Jacob Cornelius; 75th wedding
anniversary; congratulate ............................................................................431 HR 184 --Nail's Creek Baptist Church; bicentennial anniversary..................................431 HR 185 --House Nursing Home Industry Study Committee; create .....................466, 634 HR 186 --Crew, Bill; invite to House .................................................................443, 670, 700 HR 187 --House Nursing Home Regulatory Coordination Study
Committee; create................................................................................466, 634 HR 188 --DeKalb County; Flat Shoals Parkway; designation .......................466, 634, 713,
766, 1459 HR 189 --Conversion of Waste to Energy; Joint Committee.......................466, 634, 1279,
1994, 2027 HR 190 --Walraven, Sheriff Wesley; invite to House .......................................................478 HR 191 --State Parent Teacher Association; President;
invite to House.............................................................................491, 670, 700 HR 192 --Education, State Board; relative to ...................................................................492 HR 193 --FHA; urge utilization of funds allocated to Georgia.............................492, 1009 HR 194 --Law of Evidence; State Bar of Georgia to study..................................492, 1011,
1225, 2136 HR 195 --Logan, Hugh; commend .......................................................................................492 HR 196 --Hunter, Jack L.; commend ..................................................................................492 HR 197 --Georgia Government Day; recognize participants............................................492 HR 198 --Brown, Dana Daves; congratulate ......................................................................492 HR 199 --Harris, Julian H.; condolences ............................................................................492 HR 200 --Harris, Captain Larry; commend .......................................................................492 HR 201 --Lawrance, Lieutenant Archie; commend...........................................................493 HR 202 --Hunt, Corporal James M.; commend.................................................................493 HR 203 --Chastain, Corporal Carroll; commend ...............................................................493
HR 204 --Smallwood, Sergeant Wayne; commend ............................................................493
HR 205 --Hayes, Ollive Garland; 100th birthday; congratulate......................................493
HR 206 --Georgia Recreation and Park Society; commend.............................................493
HR 207 --Dawkins, James; commend...................................................................--............493
HR 208 --Straughan, Kirk; commend .................................................................................493

2808

INDEX

HR 209 --Argo, Bob; commend ............................................................................................493 HR 210 --Castronis, Michael John; condolences ...............................................................493 HR 211 --Simmons, Mary Jane; condolences.....................................................................493 HR 212 --Wight Nurseries, Inc.; commend ........................................................................494 HR 213 --Coker, Mr. and Mrs. Henry; commend .............................................................494 HR 214 --Homelessness in Georgia Study Committee; create................................633, 670 HR 215 --Ash, Robert L.; invite to House..........................................................................621 HR 216 --Burruss, Honorable A. L. "Al"; placing portrait
in capitol .......................................................................................621, 670, 700 HR 217 --Supplementary appropriations; vote required - CA................................633, 670 HR 218 --Wells, Dorian Patrick, Jr.; compensate..........................................668, 712, 1442,
1597, 2137 HR 219 --Joint Educational Assessment Study Committee;
create ............................................................668, 712, 1368, 1489, 2141, 2373 HR 220 --Wigginton, B. Eliot; commend............................................................................650 HR 221 --Property of electric utilities; state ad
valorem tax - CA..................................................................................669, 712 HR 222 --Shelton, Charlotte; America's Perfect Teen;
invite to House.............................................................................677, 849, 876 HR 223 --Georgia Correctional Officers' Week in Georgia; recognize............. ............. ..683 HR 224 -- Homebuilders Association Valdosta-Lowndes County Inc.;
recognize ........................................................................................................684 HR 225 --County Consolidation Study Committee; create .....................................710, 750 HR 226 --Commissioner of Insurance; appointment - CA..... ..................................710, 750 HR 227 --School superintendents; appointment by board - CA ............................711, 750 HR 228 --Commissioner of Agriculture; appointment - CA. ............................. ......711, 750 HR 229 --Commissioner of Labor; appointment - CA.............................................711, 750 HR 230 --Lopez, Nancy; commend...........................................................699, 844, 876, 1021 HR 231 --Knight, Ray; invite to House .............................................. .....699, 844, 876, 1021 HR 232 --Ash, Robert L.; commend....................................................................................700 HR 233 --Historic Chattahoochee Commission; commend..............................................700 HR 234 --Veterans Administration's national salute to hospitalized
veterans; commend.......................................................................................701 HR 235 --First Baptist Church of Pine Mountain; 100th anniversary;
HR 236 --Parker, Albert; commend.....................................................................................701 HR 237 --Morton, Tamara Gayle; commend .....................................................................701 HR 238 --Henderson, Fletcher; recognize family...............................................................701 HR 239 --Employment Security Administration Account; urge
United States Congress to release funds ..................................................720 HR 240 --Antique automobiles; ad valorem tax; maximum value - CA................749, 849 HR 241 --House of Representatives; amend rules.............................................................731 HR 242 --Ringgold High School Lady Tigers Softball Team; commend ......................731 HR 243 --Smith, Coach Lewis C. "Smitty", Jr.; commend..............................................731 HR 244 --Hopson, James A.; commend ............................................................................ ..731 HR 245 --Barnesville-Lamar County Clean Community Commission;
commend ...........................................................................................................731 HR 246 --Alcorn, Mike; commend. ....... ...............................................................................731 HR 247 --Adolescent Urine Drug Screen Program; commend ........................................731 HR 248 --Roswell Volunteer Fire and Rescue Department; commend .........................731 HR 249 --Evans, Honorable Randall, Jr.; place portrait in state
capitol .....................................................................749, 849, 1207, 1435, 2137
HR 250 --Georgia Forestry Commission; transfer property to Calhoun County ..........................................750, 849, 1145, 1389, 1995, 2383
HR 251 --Ball, Marlesa; Miss Georgia; invite to House ............................ ......741, 751, 760 HR 252 --Habersham County; convey property ..................................847, 887, 1145, 1430,
1996, 2410

INDEX

2809

HR 253 --Harris, Governor Joe Frank; Big Heart Award; commend.............................765 HR 254 --Fitzgerald, Bryan Todd; compensate..........................847, 887, 1442, 1598, 2137 HR 255 --Connor, Dennis; America's Cup trophy; commend..........................................770 HR 256 --Sims, Professor LaFar Dupree; honor ...............................................................770 HR 257 --Williams, Colleen Ouzts; honor...........................................................................770 HR 258 --Daniel, Ann Parham; commend..........................................................................770 HR 259 --Knapp, Dr. Charles; welcome..............................................................................770 HR 260 --Lindsey, Charles H.; commend...........................................................................770 HR 261 --Michael, Herman; condolences ...........................................................................770 HR 262 --Bradley, Ronald M.; commend ...........................................................................770 HR 263 --Cook County Middle School; commend ............................................................770 HR 264 --Washington-Wilkes High School football team; commend and
invite to House .............................................................................................771 HR 265 --Wilder, William E.; compensate..................................847, 887, 1442, 1550, 2137 HR 266 --Nelson, Eulee C.; compensate.....................................................................847, 887 HR 267 --King, Beth Kathleen; compensate .............................................................848, 887 HR 268 --Ham, Kenneth W.; compensate..................................................................848, 887 HR 269 --Rutter, Richard; compensate on behalf of
Valerie A. Rutter..................................................................................848, 887 HR 270 --Reid, Frans; compensate on behalf of Loverne T. Matlock..................848, 887,
1442, 1550, 2137 HR 271 --Healan-Lawrence, Allison; commend.................................................................876 HR 272 --King Springs Parent-Teacher Association; commend .....................................879 HR 273 --Murph, Ignatius Few "Nash"; condolences ......................................................880 HR 274 --Wilson, Thomas Murray; condolences...............................................................880 HR 275 --Brantley County; convey property to Johns Timber Co...................1007, 1043,
1145, 1390, 1996, 2463, 2585, 2610 HR 276 --Youth Assembly; commend.................................................................................973 HR 277 --Gwinnett County Children's Shelter; commend ..............................................974 HR 278 --Gwinnett County Teen Committee; commend.................................................974 HR 279 --Gingrich, Honorable Newt; invite to House.................................977, 1045, 1079 HR 280 --Perry, City of; convey property.................................887, 1009, 1145, 1435, 2137 HR 281 --Crime victims compensation; funding - CA .........................................1008, 1043 HR 282 --United States Congress; members' compensation; ratify
U.S. Constitution.........................................................l008, 1043, 1614, 1786 HR 283 --House Study Committee on School Completion; create ...................1008, 1043,
2130, 2400 HR 284 --Ham, Honorable Benson; State Election Board; election.............................!028 HR 285 --Southern Railway Company; sublease agreement with
Tennessee Valley Railroad Museum.............................................l042, 1088 HR 286 --Prothro, Charles Emory; 101st Birthday; congratulate.................................!032 HR 287 --Washnock, Major David N.; commend............................................................!032 HR 288 --Georgia Certified Farm Market Program; recognize.....................................1032 HR 289 --Spradlin, Scott Ira; commend...........................................................................1032 HR 290 --Gibson, Donnie H.; compensate.............................................................1008, 1043 HR 291 --Needs of Visually Impaired Georgians Study Committee;
create..................................................................................................!087, 1144 HR 292 --House Motor Truck Safety Study Committee; create.......................1087, 1144,
1443, 1641 HR 293 --Scott, General Robert Lee, Jr.; invite to House........................l058, 1207, 1233 HR 294 --Healen-Lawrence, Allison; 1986 GOAL recipient;
invite to House.......................................................................l068, 1207, 1233
HR 295 --Blanchard, Dr. William H. "Bill", Sr.; commend..........................................1080
HR 296 --Eckles, Christopher Michael; commend..........................................................1080
HR 297 --RJR Nabisco, Inc.; welcome ..............................................................................1080
HR 298 --Joel E. Scott Building at Georgia War Veterans
Nursing Home ...................................................1087, 1144, 1145, 1223, 2137

2810

INDEX

HR 299 --Lotteries; delete prohibition provision - CA........................................1088, 1144 HR 300 --Tax; certain income of states; urge amendment
to the United States Constitution.................................................l088, 1144 HR 301 --Hodge, Jack; commend ......................................................................................1118 HR 302 --Taylor, Reverend E. Don; congratulate...........................................................H18 HR 303 --Anthony, Willie; commend................................................................................1118 HR 304 --School Dropout Demonstration Assistance Act of 1987;
urge United States Congress................................................H23, 1368, 1463 HR 305 --Logan, Thomas A.; commend............................................................................H23 HR 306 --Paraprofessional Teacher Assistants and
Secretaries Study Committee; create.......................1088, 1144, 1443, 1639 HR 307 --Adjourn 2/20/87; Reconvene 2/23/87.....................................................1130, 1154 HR 308 --Hardison, Hugh; commend................................................................................H69 HR 309 --Thornton, Sheriff Franklin; commend ............................................................1169 HR 310 --Cobb County Court Consolidation Plan Study Committee;
create........................................................1144, 1206, 1443, 1554, 1996, 2363 HR 311 --Payne, Guilford B.; commend...........................................................................l233 HR 312 --Day, Harlin A.; commend..................................................................................1233 HR 313 --Hampton University Day in Georgia; February 28, 1987.............................1233 HR 314 --First Baptist Church of Decatur; congratulate ..............................................1233 HR 315 --Ledford, Hanna; commend................................................................................l233 HR 316 --Ross, Honorable Ben Barron; commend.........................................................1233 HR 317 --Gibbs, Jesse B.; commend.................................................................................1233 HR 318 --Wilkinson County High School Marching Warriors Band; commend........1234 HR 319 --Langdale, President Noah, Jr.; Georgia State University;
commend......................................................................................................1234 HR 320 --FFA and state officers; commend ....................................................................1234 HR 321 --Controlled substances violations; pardon and parole
prohibitions - CA .............................................................................1253, 1366. HR 322 --State wide grand juries; create - CA .....................................................1254, 1366 HR 323 --Emergency medical services systems; support from
certain funds - CA...........................................................................1254, 1366 HR 324 --Boone, Honorable Alexander Stephens (Buck), Jr.; condolences................1270 HR 325 --Thompson, Richard; commend.........................................................................1270 HR 326 --Parker, Mr. & Mrs. Bruce; fiftieth anniversary; congratulate.....................1270 HR 327 --Davis, James (Jim) Harmon; condolences.......................................................1270 HR 328 --Adjourn 2/26/87; reconvene 3/2/87 ........................................................1270, 1384 HR 329 --Rural Economic Development Study Committee; create...................!366, 1442 HR 330 --Wilson, Honorable Joe Mack; commend.........................................................!408 HR 331 --Knowlton, Dick; commend................................................................................1415 HR 332 --Graham, Robert Elliott; in memory.................................................................l424 HR 333 --Clayton County Water Authority; recognize........................................ 1424, 1541 HR 334 --Newman, Melvin L.; recognize...............................................................1424, 1541 HR 335 --Casey, W. B.; recognize............................................................................!424, 1541 HR 336 --Conyers Middle School Girls Basketball Team; commend..........................1424 HR 337 --Woodstock Baptist Church; recognize 150th anniversary ............................1424 HR 338 --Freeman, Dr. Robert; commend.......................................................................1424 HR 339 --Legislation for women; urge passage by
United States Congress..............................................1366, 1442, 1614, 1746 HR 340 --Langdale, President Noah, Jr.; invite to House............................................l462,
1660, 1697 HR 341 --Long-term care facilities; vocational training............................1463, 1938, 2063
HR 342 --House Children's Mental Illness Study Committee;
create..................................................................................................!441, 1526
HR 343 --Telephone Pioneers; commend .........................................................................1499
HR 344 --Slocumb, Ruric Nevel; condolences .................................................................1499
HR 345 --Knight Elementary School; commend.............................................................1499

INDEX

2811

HR 346 --Spain, Amos Benton; congratulate...................................................................!499 HR 347 --Norcross 76'ers Soccer Team; commend.........................................................1499 HR 348 --Acree, Dr. John W.; commend ..........................................................................1499 HR 349 --Medal of Honor; commend Georgia recipients................!543, 1613, 1626, 2137 HR 350 --Special Study Committee on Problems of Homeless;
create..................................................................................................!543, 1613 HR 351 --Warren County School Reunion of Twenty-six Schools;
recognize......................................................................................................1566 HR 352 --Murray, Ennis; condolences ..............................................................................1566 HR 353 --Wilburn, Odessa N.; condolences.....................................................................1566 HR 354 --Chafin, Honorable John Charley; condolences.................................,.............1566 HR 355 --Lewis, Barb; commend.......................................................................................1566 HR 356 --Hague, Sherry; commend...................................................................................!566 HR 357 --Culbern, Joann; commend.................................................................................1566 HR 358 --Garrett Middle School; commend....................................................................1566 HR 359 --Walton High School; commend........................................................................1566 HR 360 --Tritt Elementary School; commend.................................................................l566 HR 361 --Tapp Middle School; commend.......................................................................-1566 HR 362 --Wheeler High School; commend.......................................................................l567 HR 363 --Murdock Elementary School; commend...........,..............................................1567 HR 364 --Mt. Bethel Elementary School; commend ......................................................1567 HR 365 --Bennett, Stetson F., Jr.; commend...................................................................l567 HR 366 --Daniel, Honorable Robert C. Jr.; commend ...................................................1567 HR 367 --Need for Family Life Instruction in Public School Study
Committee; create............................................................................1525, 1613 HR 368 --House Workers' Compensation Self-Insurance Solvency Study
Committee; create............................................................................1525, 1613 HR 369 --Housing Activities Study Committee; create.......................................1613, 1659 HR 370 --Administrative Expenses of Education Study Committee;
create..................................................................................................!658, 1770 HR 371 --House Talmadge Monument Study Committee; create ....................1659, 1770,
2317, 2536 HR 372 --Herman Eugene Talmadge Monument Commission; create..............!659, 1770 HR 373 --Seeley, Gregory Alan; commend.......................................................................1748 HR 374 --Georgia air traffic control specialists; commend............................................!748 HR 375 --Slosheye Trail Big Pig Jig Contest; recognize................................................!748 HR 376 --Smith, Connie; commend...................................................................................1748 HR 377 --McDonald, Morris L.; commend............................................................1748, 1969 HR 378 --Westwood High School boys basketball team; commend.............................l748 HR 379 --Ravenwood Academy girls basketball team; commend.................................1748 HR 380 --Mo-Joe's restaurants; commend .......................................................................1748 HR 381 --Telephone center; express appreciation ..........................................................1748 HR 382 --K. C. Jr. High Risk Infant Foundation; commend........................................l748 HR 383 --Black, C. Lamar "Pinky"; recognize ................................................................1748 HR 384 --Gordon, Susan; commend..................................................................................1749 HR 385 --Nixon, E. D.; condolences........,.........................................................................1749 HR 386 --Pinkston, Honorable Frank C.; commend.......................................................l749 HR 387 --Ragsdale, Stephen Lee, Jr.; commend.............................................................1749 HR 388 --Cobb Youth Chorus of Georgia; commend.....................................................1749 HR 389 --Statham, Frances Patton; commend................................................................l749 HR 390 --Crocker, J.C.; commend.....................................................................................1749 HR 391 --Fleming, Jimmy; commend ...............................................................................1749
HR 392 --Edwards; Preston B., Jr.; honor .......................................................................1749
HR 393 --Bicentennial Anniversary of Constitution of the United
States of America; relative to...................................................................1749
HR 394 --Groover; Honorable Denmark, Jr.; commend.................................................1749
HR 395 --Morven Primary School; commend..................................................................1749

2812

INDEX

HR 396 --DiPrima, Romeo Joseph; condolences.............................................................1749 HR 397 --Pettit, Honorable Hugh Boyd "Sundance", III; congratulate .....................1750 HR 398 --CENTREX information clerks; commend......................................................1750 HR 399 --Lowder, Sam; commend.....................................................................................1750 HR 400 --Craddock, Willard; commend............................................................................!750 HR 401 --Bone, Dana; commend .......................................................................................1750 HR 402 --Adjourn 3/6/87; reconvene 3/9/87..........................................................1764, 1815 HR 403 --Georgia State Patrol; honor 50th anniversary................................................!864 HR 404 --Clayton Clean & Beautiful project; commend................................................!864 HR 405 --Cumberland Service Unit of the Northwest Georgia
Girl Scout Council; commend ..................................................................1864 HR 406 --Price, Grady; condolences..................................................................................1864 HR 407 --Reynolds, Claudia; commend............................................................................1865 HR 408 --Greene, Joe C.; commend..................................................................................1865 HR 409 --Black, William; commend.........................................,........................................1865 HR 410 --House Artificial Reef Study Committee; create ..................................1770, 1892 HR 411 --Dole, Honorable Robert; commend..................................................................!865 HR 412 --Comprehensive Energy Resources Policy Committee;
create.............................................................................!892, 1962, 2130, 2514 HR 413 --Gullatt, Teresa; invite to House ..................................................1922, 2130, 2498 HR 414 --Reaves, Honorable Henry; commend...............................................................1939 HR 415 --Mann, Reverend J. F.; commend .....................................................................2063 HR 416 --Sales tax; 2', statewide increase for education - CA.........................2129, 2317 HR 417 --Brazeal, Marvin E.; commend...........................................................................1979 HR 418 --House Foreign Language Study Committee; create......................................1993 HR 419 --Balanced budget; urge amendment to the
United States Constitution.............................................................2129, 2317 HR 420 --Income tax form; designated contribution - CA..................................2129, 2317 HR 421 --Dickens, Robert Lelorual and LaFaye Tanner; commend on 50th
wedding anniversary ..................................................................................2064 HR 422 --Coppedge, Helen Rhea; commend....................................................................2064 HR 423 --Gwinnett County Republican Party and Chairman, John Gibb;
commend......................................................................................................2064 HR 424 --Akins, Rufus L., Jr.; commend.........................................................................2064 HR 425 --Cromartie, John L., Jr.; commend ...................................................................2064 HR 426 --Skaggs, Naomi; commend..................................................................................2064 HR 427 --DeLoach, Frank Winslow; in memory .............................................................2064 HR 428 --Georgia Nurses Foundation, Inc.; commend...................................................2064 HR 429 --James, Elmo; commend......................................................................................2064 HR 430 --Original Fish King Restaurant; commend ......................................................2064 HR 431 --Trinity United Church; commend....................................................................2064 HR 432 --Hill, Kathy Rust; commend..............................................................................2064 HR 433 --Harshbarger, Ray; commend.............................................................................2064 HR 434 --King, Denise Schon; commend.........................................................................2065 HR 435 --Riverdale Senior High Angel Flight rifle drill team;
commend......................................................................................................2065 HR 436 --Turner, Reverend Hershel; commend..............................................................2065 HR 437 --Chandler, Shirley Anne and Gina Marie Ratcliffe; commend.....................2065 HR 438 --Dickson, Edith and Pope; congratulate...........................................................2065 HR 439 --Clayton County Fire Department; commend .................................................2065 HR 440 --Georgia Automobile Dealers Association; commend .....................................2065 HR 441 --Cook, Dr. David; commend ...............................................................................2065
HR 442 --Keeble, John Tom; commend ...........................................................................2065
HR 443 --Smith, H. Richard; commend ...........................................................................2065
HR 444 --Love, J. Erskine, Jr.; condolences....................................................................2065
HR 445 --Bishop, Julius F.; commend..............................................................................2065
HR 446 --Harris, Mrs. Ocie and House of Mercy; commend ........................................2065

INDEX

2813

HR 447 --Kitchens, Gordon; commend .................................................................. ...........2066 HR 448 --Parker, Benny; commend...................................................................................2066 HR 449 --Lemay, Leonard; commend .................................................................... ...........2066 HR 450 --Beal, Alveda King; production of Images; commend ....................................2066 HR 451 --Clayton County Fire Chief William Guice; commend ..................................2066 HR 452 --Association of Battered Women of Clayton County Inc.;
HR 453 --Seaton, George; commend .................................................................................2066 HR 454 --Collins, Preston Milo; commend.......................................................................2066 HR 455 --Motor fuel tax proceeds; allocation - CA..............................................2130, 2317 HR 456 --Murphy, Honorable Thomas B.; commend........ ........................................ .....2144 HR 457 --Cochran, Lt. Commander Donnie; commend .................................................2152 HR 458 --Cress, Leon Clifton; commend ..................................................................... .....2171 HR 459 --Mount Vernon boys basketball team; commend......... .......................... .........2171 HR 460 -- Hinton, Tobe Berry; condolences.....................................................................2171 HR 461 --Anderson, Everett; honor...................................................................................2171 HR 462 --Broughton, Dr. James Hilliard; commend ......................................................2172 HR 463 --Clifton, C. Lamar; commend ......................................................................... ....2172 HR 464 --Edwards, Dr. M. Delmar; commend ................................................................2172 HR 465 --Pitts, Howard; commend ...................................................................................2172 HR 466 --Mosley, Lorenzo, Jr., Strong, Sylvester, and Brown, Aaron
"Butch"; commend.....................................................................................2172 HR 467 --Williams, Winfred, Carles and Melanie; commend. ............................ ..........2172 HR 468 --Berry, Amos Nelson, Jr.; commend..................................................................2172 HR 469 --Strother, Shelley C., Jr.; commend ..................................................................2172 HR 470 --Sanders, Kaz Garas; commend .........................................................................2172 HR 471 --Wright, Maurice; commend...............................................................................2172 HR 472 --Wood, Katie; commend......................................................................................2172 HR 473 --Brown, Eunice; condolences ..............................................................................2172 HR 474 --Williams, Honorable William Roger ............................................................... .2172 HR 475 --Renfro, Marilyn; commend................................................................................2173 HR 476 --Hughes, Tim; commend.....................................................................................2173 HR 477 --Horton, Betty; commend ...................................................................................2173 HR 478 --Rockdale County High School Bulldogs; commend ......................................2173 HR 479 --Dean, Barney Cecil; condolences ......................................................................2173 HR 480 --Ivester, M. Douglas; commend..........................................................................2173 HR 481 --Williford, Bruce; honoring memory .................................................................2173 HR 482 --Pleasant Grove Baptist Church; 117th anniversary; recognize... ............. ....2175 HR 483 --Brooks, Reverend Willie L.; condolences ........................................................2175 HR 484 --Phillips, Raymond Paul; commend..................................................................2175 HR 485 --deVegter, Michael S.; recognize ........................................................................2360 HR 486 --Toorchen, Jon; commend for painting "Courthouse Museum in
HR 487 --Seminole County High School Squaws basketball team; commend ...........2379 HR 488 --Brown, Corrine; commend.................................................................................2397 HR 489 --Meadows, Melly and Chip Boling; Scarlett and Rhett
HR 490 --Altamaha River Basin Project; relative to......................................................2397 HR 491 --Vickery, Mr. and Mrs. Richard; commend .....................................................2397 HR 492 -- Motion Picture Association of America; commend .......................................2397 HR 493 --Shepherd, Reverend Hubert F.; commend .....................................................2397 HR 494 --Sullivan, Lita McClinton; condolences. ........................................................ ...2397 HR 495 --Richardson, Spurgeon; commend .....................................................................2397 HR 496 --Ackerly, Leone; commend..................................................................................2397 HR 497 --Moore, Dudley L.; commend.............................................................................2397 HR 498 --Hopkins, Calvin (Hoppy), III; commend.........................................................2398 HR 499 --DeKalb County Community Relations Commission; commend ..................2398

2814

INDEX

HR 500 --Quattlebaum, Dr. Julian Killen; condolences.................................................2398 HR 501 --Chamblee High Champion Cross-County Team; commend.........................2398 HR 502 --Johnson, Honorable Billy A.; commend..........................................................2398 HR 503 --Big Red; commend..............................................................................................2398 HR 504 --Salmon, Don, Jr.; commend..............................................................................2398 HR 505 --Bunn, Andrew Carey, Sr.; commend................................................................2398 HR 506 --Atlanta Falcon cheerleaders; relative to..........................................................2398 HR 507 --Samaritaso, Mario; commend............................................................................2398 HR 508 --Countryside Land and Homes of Henry County Inc.; commend................2398 HR 509 --Sumner, Robert Eugene; congratulate on 60th wedding
anniversary..................................................................................................2398 HR 510 --Six Flags Over Georgia; commend...................................................................2399 HR 511 --Trebeck, Alex and Jeopardy; commend for Teen
Tournament program.................................................................................2399 HR 512 --Venator, Dana; commend ..................................................................................2399 HR 513 --Johnson, Guy C.; condolences...........................................................................2399 HR 514 --Lawson, Honorable Gere; commend ................................................................2399 HR 515 --Padgett, Hal; commend......................................................................................2399 HR 516 --Ellard, Honorable Glenn W. "Jack"; commend.............................................2522 HR 517 --Sutherland, James Eugene (Gene); commend................................................2530 HR 518 --Taylor, Susan Elaine; commend.......................................................................2564 HR 519 --McQuig, Dr. James L., Sr.; commend..............................................................2564 HR 520 --Contos, Honorable Larry; condolences............................................................2564 HR 521 --Ron Rowland Chevrolet Oldsmobile, Inc.; commend....................................2564 HR 522 --Coasters Dinner Club of Stockbridge; commend...........................................2564 HR 523 --Echols County FFA Forestry Team; commend..............................................2564 HR 524 --Murphy, Honorable Thomas B.; happy birthday..........................................2564 HR 525 --Calloway, Rubye; commend...............................................................................2564 HR 526 --Lee Meats, Inc. and Roy D. Lee; commend ...................................................2564 HR 527 --Benton Brothers Ford Co.; commend..............................................................2564 HR 528 --D. L. Lee Meats; commend owners and employees.......................................2564 HR 529 --Kubek, Karen; recognize....................................................................................2564 HR 530 --Poole, Lorra Anne; commend on selection to Senate
Youth Program...........................................................................................2564 HR 531 --Rea, William Kirby; commend..........................................................................2564 HR 532 --Lady Greenwave Basketball Team; commend ...............................................2565 HR 533 --Smyre, Honorable Calvin; commend................................................................2609 HR 534 --Income Tax conformity legislation; commend certain
persons for work.........................................................................................2616 HR 535 --Doorkeepers of House of Representatives; commend ...................................2619 HR 536 --Fabe, Doug "Fabe"; commend..........................................................................2639 HR 537 --Ferguson, Lucy Ricketson; recognize...............................................................2639 HR 538 --Legislative Counsel; commend..........................................................................2642

PART IV
SENATE BILLS IN HOUSE
SB 1 --Torts; amend provisions ..............................................................174, 178, 200, 635 SB 2 --Civil practice; medical malpractice; minors; limitations.................................174,
178, 200, 751, 1135, 1155, 1162, 1176, 1177, 1189, 1220 SB 3 --Public officials and employees; political activities ..........................................230,
232, 263 SB 4 --Ocmulgee Judicial Circuit; terms; Hancock County ...............................203, 232,
263, 391, 424 SB 5 --Sexual offenses; age of consent...........................................................409, 411, 440 SB 10 --Smoke detectors; requirements............................204, 232, 263, 1770, 1977, 2139 SB 13 --Elections; write in candidates; prohibitions.....................................231, 232, 263,
432, 485 SB 14 --Personnel Board; employee assistance program..............................230, 232, 263,
634, 1278 SB 16 --Landlords; cable television service; certain
prohibitions..................................................,..........................1386, 1386, 1442 SB 19 --Aid to Families with Dependent Children; certain
adopted children ..........................................................................409, 411, 440 SB 20 --Juvenile court; jurisdiction ..................................................................409, 411, 440 SB 23 --Ocmulgee Judicial Circuit; terms.......................................203, 233, 263, 391, 413 SB 24 --Mentally ill, alcoholic or drug dependency;
outpatient treatment....................................759, 768, 849, 1367, 1634, 1782 SB 25 --Public buildings; art program.........................................230, 233, 263, 1368, 1631 SB 26 --Campaign contribution disclosure report; filing;
certain exemption .......................................................230, 233, 263, 432, 486 SB 27 --Recall of public officials; number applications................................377, 382, 402,
1893, 2117, 2141, 2174, 2296, 2517, 2517, 2647 SB 28 --State employees; injured in line of duty; compensation.................................377,
382, 402, 2063, 2508, 2584, 2593, 2639, 2640, 2644 SB 29 --Motor vehicles; seat belts; minors......................................................643, 645, 670 SB 31 --Motor vehicle insurance; coverage for earnings;
retired persons..............................1018, 1021, 1043, 1771, 1919, 1972, 2139 SB 32 --Gwinnett Judicial Circuit; add judge.................................................476, 490, 634 SB 33 --Trash dumping; boundaries; prohibitions..............................203, 233, 263, 1012,
1751, 1927, 1979, 2139 SB 34 --Evidence; husband and wife; witnesses..........................339, 341, 374, 460, 1072,
1103, 1188 SB 37 --Special license plates; Shriners...........................................................230, 233, 263 SB 39 --Prisoners; medical costs; reimbursement to
counties.......................................................................377, 382, 402, 844, 1888 SB 40 --Workers' compensation; persons delivering newspapers;
exclude....................................................................897, 899, 1009, 1145, 1388 SB 41 --Employment; jury duty; prohibit dismissal .....................................861, 863, 887,
1741, 1787

2816

INDEX

SB 42 --Dogs; failure to keep under control; misdemeanor .............................1018, 1021, 1043, 1257, 2294
SB 43 --Adoption; certain affidavit; waive requirement...............................203, 233, 263, 403, 487, 719
SB 44 --Magistrates; practice of law; amend provisions...............................204, 234, 263, 391, 415
SB 45 --Driver improvement clinics; alcohol or drug courses; fees .......................................................231, 234, 263, 712, 874, 1907
SB 46 --Civil actions; deposition; record at own expense.....................................231, 234, 263, 432
SB 47 --Public officials and employees; liability insurance, indemnification; coverage..............................410. 411, 440, 635, 2557, 2647
SB 52 --Deceptive practice; false reasons for seminar or meeting...........................................................................476, 490, 634, 1772
SB 57 --Official directory of state and county officials; publication ...................................................................231, 234, 263, 432, 497
SB 59 --Douglas Judicial Circuit; terms..........................................271, 272, 334, 334, 385 SB 63 --Adoption; provide information regarding birth
parents ................................................................................718, 719, 750, 1741 SB 64 --Motor vehicles; seat belts; requirement.............................................231, 234, 263 SB 68 --Torts; injury resulting from criminal act on
public property; prohibit.................................1568, 1571, 1613, 1771, 2114 SB 69 --Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority;
extend - CA..................................................................174, 178, 200, 850, 857 SB 70 --Georgia Coroner's Training Council; membership...........................231, 234, 263 SB 71 --Write-in candidates; compliance with certain
provisions.........................................................410, 411, 440, 843, 1171, 1267 SB 72 --Smyrna, City of; mayor and councilmen; election..........................174, 178, 200,
1893, 1899 SB 73 --Arbitration; general provisions......................................................l217, 1221, 1255 SB 74 --Baldwin County; board of commissioners; election.........................174, 178, 200 SB 75 --Employment Security Law; maximum weekly benefit...................476, 490, 634,
1009, 1112, 1220 SB 77 --Driving Under the influence; convictions;
parallel federal laws ....................................339, 341, 374, 1891, 2483, 2596, 2597, 2644
SB 78 --Securities laws; admissible evidence; civil or criminal actions ...........................................................339, 341, 374, 432, 455
SB 80 --Financial institutions; production of documents; reimbursement ................................................339, 342, 374, 432, 1036, 1102
SB 81 --Fulton County; public works contracts; bids ...................................410, 412, 440, 752, 755
SB 82 --Atlanta, City of; traffic court; senior judge......................................410, 412, 440, 752, 755
SB 83 --Urban Residential Finance Authorities Act for Large Municipalities; amend................................................410, 412, 440, 752, 756
SB 84 --Fulton County; board of commissioners; salary ..............................410, 412, 440, 752, 756
SB 85 --Atlanta, City of; binding contracts; code reference.................................410, 412, 440, 752, 756
SB 86 --Fulton County; board of health; create.........................861, 863, 887, 1013, 1016 SB 89 --Juvenile Courts; program of state subsidies...............................1542, 1571, 1613
SB 90 --School buses; lights; requirement.................................................1539, 1571, 1613
SB 92 --Arrested person; refusal to submit to chemical
test; report .....................................................411, 413, 440, 1044, 1760, 1906
SB 93 --Hancock County; deputy sheriffs; personnel ....................................174, 178, 200
SB 95 --LaGrange Development Authority; create;

INDEX

2817

extend - CA..................................................................175, 179, 200, 636, 639 SB 96 --Day-care centers; regulations...................................!247, 1268, 1366, 1873, 1997,
2124, 2162, 2174, 2271, 2565, 2647 SB 98 --Dentures; certain markings..................................................................862, 864, 887 SB 99 --Habeas corpus; death sentence challenge; transfer..........................862, 864, 887 SB 100 --Appeal or pretrial review; death penalty;
procedures.....................................................................................339, 342, 374 SB 101 --Nuisance provisions; exception for certain facility .................................339, 342,
374, 432, 1035, 1102 SB 102 --Counties; employment benefits: provide ...........................................378, 382, 402 SB 104 --Public funds; secure deposit ...........................................643, 645, 670, 1248, 1733 SB 105 --Public funds; secure deposit...........................................643, 645, 670, 1248, 1732 SB 106 --Sheriffs; minimum salary......................................378, 382, 402, 1443, 2148, 2346 SB 107 --Hunting and fishing; license fees; amend provisions ..............................445, 446,
467, 634, 728, 895 SB 109 --Controlled substances; manufacture; amend provisions .................................340,
342, 374
SB 112 --Tattoo; minors; prohibitions.................................476, 491, 634, 1443, 1750, 1906 SB 113 --Torts; nonprofit organizations; qualified immunity............................1458, 1461,
1526, 1891, 1920, 2270, 2349, 2396, 2402, 2589, 2648 SB 115 --LaGrange, City of; corporate limits ...................................204, 235, 263, 636, 640 SB 117 --Driver's license; written exam; date requirement ..........................................1099,
1103, 1144 SB 118 --Highways; property acquisition; future purposes............................378, 382, 402,
1011, 1065, 1247, 1290 SB 119 --Tax evasion; criminal penalties.........................897, 899, 1009, 1089, 1735, 1815,
2014, 2125, 2162, 2461, 2648 SB 121 --Controlled substance or marijuana abuse by child; reports.........................1267,
1270, 1366, 1771, 1924, 2346 SB 123 --Residential Finance Authority; public utility
assistance .............................................................364, 381, 402, 419, 429, 650 SB 124 --State employees; sick leave; amend provisions.................................378, 383, 402 SB 130 --Lake Lanier Islands Development Authority; powers....................445, 446, 467,
621, 844, 1034, 1102 SB 131 --State Authorities; violations of ordinances; magistrate
courts ........................................................................445, 446, 467, 1011, 1118 SB 132 --Workers' compensation; partial dependency;
termination....................................!099, 1103, 1144, 1388, 2123, 2271, 2644 SB 133 --Workers' compensation; occupational disease; amend
provisions.......................................1151, 1155, 1206, 1408, 2123, 2274, 2645 SB 134 --Insurance; certain annual reports; requirement ...............................675, 701, 712 SB 136 --Hazardous Materials; leakage; immunity for certain
assistance............................................................1542, 1571, 1613, 1771, 1932 SB 137 --Employers; fire hazards in workplace; notify
firefightera...........................................................-...................1050, 1053,1088 SB 139 --Schley County; board of commissioners; election ...........................231, 235, 263,
713, 714, 863 SB 140 --Torts; product liability; certify manufacturer ...............................897, 899, 1009,
1891, 2310, 2645 SB 141 --Alcoholic beverages; furnish to minors; municipal
court jurisdiction .........................................................................378, 383, 402 SB 142 --Probationer; certain over-payment; non-refundable.......................378, 383, 402,
635, 1627
SB 143 --Institutions of Department of Corrections; personnel
assist law enforcement officers ...............................378, 383, 402, 635, 1120
SB 144 --Probation; residency requirements; notification .............................379, 383, 402, 635, 1025

2818

INDEX

SB 145 --Statewide Probation System; former county employees; health insurance................................................379, 384, 402, 478, 843, 1274
SB 146 --Board of Corrections; quorum..........................................379, 384, 402, 635, 1428 SB 147 --Juvenile court; certain traffic and waterways offenses;
juri8diction....................................................................................340, 342, 374 SB 150 --Motor vehicles; persons attempting to elude police;
penalty...........................................................................................340, 342, 374 SB 151 --Litter control; penalty....................................................897, 900, 1009, 1090, 1626 SB 155 --Peace officers; minimum salary ..........................................................341, 343, 374 SB 156 --Recall elections; amend provisions relating to
contributions ...................................................476, 491, 634, 843, 1883, 2645 SB 159 --Children's Trust Fund Commission; establish ......................643, 646, 670, 1891,
1984, 2124, 2153, 2269, 2270, 2451, 2648 SB 160 --Transportation, Department of; employee injured
in line of duty; compensation .................................476, 491, 634, 713, 1029 SB 162 --Juveniles; community service for delinquent acts...............................1019, 1022,
1043, 2312, 2498, 2645 SB 165 --DeKalb County; governmental powers;
extend - CA........................................................1776, 1782, 1892, 2131, 2131 SB 169 --Criminal Procedure; certain scientific reports;
admissible evidence................................1542, 1571, 1613, 1891, 1937, 1973 SB 170 --Courts; certain officials; vacancy requirements...............................862, 864, 887,
1660, 2284, 2380, 2413, 2522, 2526, 2526, 2648 SB 171 --Bailments; garage and parking lots; security requirements .........................1050,
1053, 1088 SB 172 --Taylor County Magistrate Court; amend provisions ......................338, 343, 374,
1207, 1213 SB 173 --Traffic violations; fees for transmitting reports..............................862, 864, 887,
1044, 1882 SB 174 --Milledgeville, City of; change corporate limite.................................338, 343, 374 SB 176 --Law libraries; costs collected in recorder's court.....................................445, 446,
467, 1443 SB 177 --Gasoline Marketing; retail sales; prohibitions ...............................880, 900, 1009,
1367, 1645, 1696, 1907 SB 179 --Education; amend Code provisions...............................701, 703, 712, 1962, 2175,
2483, 2561 SB 180 --Handicapped newborn persons; Human Resources
Department; registration .................................1099, 1104, 1144, 2122, 2556 SB 181 --Dooly County Industrial Development Authority;
extend - CA..................................................................338, 343, 374, 636, 640 SB 182 --Military duty; public officials and employees;
compensation................................................................................862, 864, 887 SB 184 --Linwood, Town of; city elections .......................................379, 384, 402, 636, 640 SB 185 --Trenton, City of; new charter.............................................379, 384, 402, 469, 472 SB 186 --Muscogee County Board of Education; composition......................379, 384, 402,
1865, 1865, 1972 SB 187 --Guardians; mentally ill persons; workers'
compensation.....................................................1050, 1054, 1088, 1614, 1734 SB 188 --Workers' compensation; guardians; certain persons
1099, 1104, 1144, 1388, 1614, 1734 SB 189 --Law enforcement officers; receiving funds;
amend provisions........................................898, 900, 1009, 1771, 1933, 2140
SB 190 --Labor Department; lease agreements; certain space ....................898, 900, 1009,
1106, 1145, 1282
SB 191 --Rural Economic Development Law; enact.................................1050, 1054, 1088,
1249, 1633
SB 194 --Magistrate Courts; election of chief magistrate ...............................644, 646, 670

INDEX

2819

SB 195 --Magistrate Courts; bad checks; jurisdiction...........,..........................644, 646, 670 SB 196 --Civil actions; attorney's fees; magistrate courts ..............................644, 646, 670,
751, 2293 SB 198 --Magistrate Courts; officers' commission...........................HOO, 1104, 1144, 1443,
1888, 1995, 2011, 2124, 2162, 2481, 2648 SB 199 --Magistrate Courts; jurisdiction.........................................644, 646, 670, 751, 1630 SB 200 --Magistrate Courts; appeals ...........................................898, 900, 1009, 2123, 2306 SB 201 --Magistrate Courts; extradition; jurisdiction......................................701, 702, 712 SB 203 --Criminal Code; offense of battery; penalty ................................1100, 1104, 1144,
1257, 1632, 1995, 2025 SB 204 --Fulton County; purchasing procedure..........................................!458, 1461, 1526 SB 205 --Rockdale County State Court; create............................641, 646, 670, 1090, 1096 SB 206 --Nonresident or alien wholesale fish dealer; licensing;
fees............................................................HOO, 1104, 1144, 1614, 1754, 1906 SB 207 --Torts; independent contractor; employer's liability ......................................1019,
1022, 1043 SB 208 --Probate Courts; judges' powers................................718, 719, 750, 843, 873, 1053 SB 209 --Cocaine and crack; trafficking; penalty......................................1568, 1571, 1613,
2063, 2144, 2175, 2268, 2375, 2401 SB 211 --Ad valorem tax; preferential assessment; date
of application................................................................................644, 647, 670 SB 212 --Atlanta, City of; municipal court; change
provisions....................................................................................895, 900, 1009 SB 213 --Calhoun, City of; HAND UP, INC.,; appropriation;
extend - CA..................................................................409, 413, 440, 887, 894 SB 215 --Juvenile Courts; felony acts; definition...........................675, 702, 712, 751, 2293 SB 216 --Interstate banking; include Maryland and District of
Columbia........................................................768, 768, 849, 1614, 1737, 1907 SB 217 --Lumpkin County; school superintendent; appointment.........................443, 447,
467, 1090, 1096 SB 218 --Insurance rates; regulation........................................!539, 1572, 1613, 1771, 1916 SB 219 --Hall County Superior Court; term...............................898, 900, 1009, 1443, 2413 SB 220 --Financial institutions; amend provisions ..........................490, 491, 634, 703, 726 SB 223 --Probate Court; location of judge's office ..........................................862, 864, 887,
1771, 1933
SB 224 --Downtown West Point Development Authority; extend - CA..............................................................443, 447, 467, 1045, 1047
SB 225 --West Point Development Authority; extend - CA..............................................................443, 447, 467, 1045, 1048
SB 226 --Troup County Development Authority; extend - CA..................................................................444, 447, 467, 713, 716
SB 227 --Civil practice; executions; discovery measures ..........................1019, 1022, 1043, 2123, 2535, 2645
SB 229 --Abortions; Parental Notification Act................................l021, 1022, 1043, 1741, 1873, 1949, 2022
SB 230 --Crimes and offenses; effect of repeal or amendment to law...........................................1050, 1054, 1088, 1367, 1643, 1739, 1788, 1949, 2022, 2625, 2648
SB 231 --Teachers; contracts; ten day review period .........................898, 901, 1009, 2312, 2505, 2556, 2561, 2585, 2609, 2627, 2649
SB 232 --Educational Reinvestment Act for Aid to Families with Dependent Children; enact ........................................................718, 719, 750
SB 233 --Cobb Judicial Circuit; judges' supplement.................................!019, 1022, 1043, 1893, 1899
SB 236 --Guardianship hearings; certain persons; fees.................................898, 901, 1009, 1660, 1787
SB 239 --Embalmer or funeral directors; apprenticeships.......................1050, 1054, 1088,

2820

INDEX

1770, 1939 SB 240 --Spalding County; ordinances and regulations; unincorporated
areas; extend - CA..................................................641, 647, 670, 1207, 1214 SB 241 --Spalding County; fire protection districts; levy taxes;
extend - CA..............................................................641, 647, 670, 1207, 1214 SB 242 --Spalding County; license fees; extend - CA.....................................642, 647, 670,
1207, 1214 SB 243 --Spalding County; local option sales tax;
extend - CA..............................................................642, 647, 670, 1207, 1214 SB 244 --Putnam County; Board of Commissioners; mileage
allowance..................................................................673, 702, 712, 1090, 1096 SB 245 --Clarke County Airport Authority; create...............................673, 702, 712, 1527,
1535, 1909 SB 247 --Garnishment; hourly or weekly wages; continue
proceedings.............................................................................1051, 1054, 1088 SB 250 --Mount Vernon, City of; corporate limits ......................673, 702, 712, 1146, 1150 SB 251 --Macon-Bibb County Water and Sewerage Authority;
members' compensation .........................................673, 702, 712, 1090, 1096 SB 252 --Macon-Bibb County Water and Sewerage Authority
executions; issuance ................................................673, 703, 712, 1090, 1097 SB 253 --Fulton county; state and magistrate courts; special fund ............................1019,
1022, 1043 SB 254 --Credit Card and Credit Card Bank Act; enact .....................759, 769, 849, 1248,
1464, 1542 SB 255 --Wills; property; spouse receive maximum marital
deduction ................................................................................1217, 1221, 1255 SB 256 --Contracts; bad checks; treble damages.................................899, 901, 1009, 2123,
2288, 2645 SB 258 --Griffin Judicial Circuit; add judge ...............................................1051, 1054, 1088 SB 259 --Torts; wrongful death of parent; action by child...........................898, 901, 1009 SB 260 --Death certificates; physician's assistant's
signature .......................................................................1051, 1055, 1088, 1367 SB 263 --Atlanta, City of; contract exceeding 50 years;
mayor's authorization.............................!217, 1221, 1255, 1615, 2308, 2645 SB 264 --Evidence; arson investigator; witness fees ......................1051, 1055, 1088, 1614,
1782, 1948, 2012, 2124, 2163, 2611, 2649 SB 266 --Handicapped parking; designation; erect signs .........................1569, 1572, 1613,
1891, 2143, 2346 SB 267 --Board of Regents; laboratory or research facilities;
authorization to lease.......................................1019, 1023, 1043, 1045, 1629 SB 268 --Transactions with state agencies; laboratory or research
facilities ..............................................................1019, 1023, 1043, 1045, 1629 SB 274 --Probate court; judges; requirements and eligibility............................1152, 1155,
1206, 1367, 2307, 2647 SB 275 --Probate courts; certain counties; jurisdiction............................1051, 1055, 1088,
1257, 2540 SB 276 --Powder Springs Downtown Development Authority; membership;
extend - CA..............................................................757, 769, 849, 1893, 1899 SB 277 --Hall County State Court; terms...........................757, 769, 849, 1922, 1924, 2346 SB 278 --Fair Business Practices; consumer transactions;
definition..................................................!265, 1268, 1366, 1770, 2290, 2646 SB 279 --Cobb County; judge and clerk of probate court;
compensation ...........................................................757, 769, 849, 1893, 1900
SB 280 --Cobb County State Court; solicitors; compensation.......................757, 769, 849,
1893, 1900
SB 282 --Municipalities; removal of vehicles; population
classification..................................H52, 1155, 1206, 1615, 2115, 2270, 2406

INDEX

2821

SB 283 --Alcoholic beverages; sales by drink; referendum requirement........................................................!019, 1023, 1043, 1089, 1763
SB 284 --Fulton County; community improvement districts; create ............................................................895, 901, 1009, 1444, 1447, 1624
SB 285 --Drugs; sales of complimentary samples; prohibitions.........................!569, 1572, 1613, 2122
SB 286 --Physicians; malpractice claims; board investigate fitness to practice ..................................1051, 1055, 1088, 1367, 1761, 1815, 2033, 2141, 2163, 2591, 2649
SB 287 --Marriage license; issuance in any county ...................................1265, 1268, 1366, 1772, 1931
SB 289 --Prescription drugs; generic substitution; requirements............................................!247, 1268, 1366, 1660, 1784, 1972
SB 290 --County boards of health; certain activities; regulate by Agriculture Department..................................................ll52, 1155, 1206
SB 292 --Physical Therapy, Board of; ethics and standards.................................................................................l386, 1386, 1442
SB 293 --Downtown LaGrange Development Authority; provide authority; extend - CA.........................................895, 901, 1009, 1045, 1048
SB 294 --LaGrange, City of; increase bonded indebtedness; extend - CA............................................................895, 902, 1009, 1045, 1048
SB 295 --Hogansville Development Authority; provide; extend - CA............................................................896, 902, 1009, 1045, 1048
SB 296 --Gilmer County; sheriffs' personnel and deputies; compensation...............................................896, 902, 1009, 1527, 2280, 2646
SB 297 --Taylor County; board of commissioners; districts ........................896, 902, 1009, 1207, 1215
SB 298 --Lee County; businesses; license fees and occupational taxes; extend - CA ................................................896, 902, 1009, 1369, 1377
SB 299 --Marshallville, City of; new charter ..............................896, 902, 1009, 1527, 1536 SB 300 --Insurance; authority to contract; guardian for certain
beneficiary...............................................................'................1542, 1572, 1613 SB 301 --Felony conviction; persons under 18 serving sentence .......................1100, 1105,
1144, 1367, 1752, 1907 SB 302 --Corporations; employees and officers; indemnification
and expenses.........,.................................................................1217, 1221, 1255 SB 303 --Evans County Board of Education; election..............................!017, 1023, 1043,
1444, 1456 SB 305 --Probate court; judges; minimum salary.............................!385, 1387, 1442, 1526 SB 306 --Insurance; risk retention or purchasing groups;
regulation ...........................................................1382, 1387, 1442, 1771, 1918 SB 308 --Kennesaw, City of; elections; qualification
of candidates......................................................!017, 1023, 1043, 1893, 1900 SB 311 --Special license plates; State Defense Force ................................1100, 1105, 1144 SB 312 --Workers' compensation; indemnity medical rehabilitation
expenses; reimbursement.................................l385, 1387, 1442, 1614, 1753 SB 314 --Fayette County; motor vehicle registration................................l049, 1055, 1088,
1615, 1620 SB 315 --Emergency medical services; amend provisions ........................1458, 1462, 1526,
2122, 2296, 2504, 2511, 2568, 2569, 2629, 2647 SB 316 --Public school employees health insurance; coverage for
certain retired persons..,.............................................1265, 1268, 1366, 1771
SB 317 --Driving under the influence; standards for
chemical tests .........................................................................1569, 1572, 1613
SB 318 --Advisory Commission on Programs for the Blind;
create .............................................................................1382, 1387, 1442, 2318
SB 319 --Atlanta, City of; urban enterprise zones; create

PART V
SENATE RESOLUTIONS IN HOUSE
SR 2 --Notify House of Representatives the Senate has convened .......................12, 12 SR 5 --Stanford, Dr. Henry King; invite to House....................................63, 63, 91, 122 SR 6 --Revenue bills; originate in either House of
General Assembly - CA..............................................................340, 343, 374 SR 7 --General Assembly members; term of office - CA............................381, 384, 402,
1144, 1758, 1815, 1995, 2013, 2524, 2585, 2606, 2616, 2641 SR 11 --Ad valorem tax; inventories; assessment date - CA ........................340, 343, 374 SR 12 --C. W. Bradley Bridge; designation ..................................232, 235, 263, 469, 1627 SR 17 --Baldwin county; convey property..........................645, 648, 670, 683, 1145, 1294 SR 19 --Savannah, City of; convey property ..................................645, 648, 670, 844, 989 SR 22 --Circuit-wide grand juries; provide - CA ............................................862, 864, 887 SR 23 --Arts Development Fund; create - CA................................................381, 384, 402 SR 33 --Georgia Forestry Commission; transfer certain property
to Clinch County ..............................................446, 447, 467, 621, 844, 1295 SR 45 --Atlanta, City of; lease certain property..................................645, 648, 670, 1145,
1290, 1461 SR 67 --Georgia National Guard; commend ....................................................................341 SR 70 --Joint Study Committee on Residential High Schools
for the Arts; create.......................................759, 769, 849, 1772, 1934, 2140 SR 71 --Diabetes Awareness Month; proclaim in November................................381, 431 SR 79 --Joint Government competition with Private Enterprise
Committee; create........................................................................863, 865, 887 SR 92 --Land Information System Joint Study Committee;
create........................................................1267, 1269, 1366, 2130, 2545, 2646 SR 96 --Gray, James H.; condolences.......................................................................477, 494 SR 98 --Adjourn 2/6/87; reconvene 2/9/87...............................................................490, 658 SR 99 --Atlanta, City of; amount of bonded indebtedness - CA...............................1219,
1222, 1255, 1615, 1765 SR 103 --Adjourn 2/9/87; reconvene 2/11/87.............................................................681, 681 SR 109 --Joint Adoption Study Committee; create........................1540, 1574, 1613, 1893,
1974, 2140 SR 117 --Parents Without Partners Month; designate March.................l267, 1270, 1366 SR 120 --Brunswick, City of; convey property.......................1219, 1222, 1255, 1615, 1783 SR 126 --Economic Development through Historic Preservation
Committee ...............................................1570, 1574, 1613, 2130, 2559, 2646 SR 133 --Adjourn 2/13/87; reconvene 2/16/87 ...........................................................879, 879 SR 144 --Grand Jury Study Committee; create.....................1267, 1270, 1366, 1891, 1915 SR 147 --Capitol Hill Master Plan Commission; create...........................1459, 1462, 1526,
1873, 2542, 2646 SR 157 --Baldwin County; convey easement..........................1459, 1462, 1526, 1615, 1757 SR 163 --Albert "Al" Holloway Labor Building; designation............................1570, 1574,
1613, 1615 SR 184 --Special Study Committee on the Problems of Homeless in

2826

INDEX

Georgia; create...................................................l995, 2067, 2130, 2173, 2497 SR 223 --Adjourn 3/10/87; reconvene 3/12/87.......................................................2126, 2142 SR 240 --Adjourn sine die; March 12, 1987.................................................2610, 2613, 2619